madhya pradesh jal nigam - mpjalnigam.mp.gov.in
TRANSCRIPT
MADHYA PRADESH JAL NIGAM (A Govt. of M.P. Undertaking)
REQUEST FOR PROPOSAL (RFP)
FOR
SELECTION
OF
SUPERVISION AND QUALITY CONTROL
CONSULTANT (SQC (Q&M))
FOR
OPERATION & MAINTENANCE OF
MULTI VILLAGE SCHEMES (MVS)
FOR
PROJECT IMPLEMENTATION UNIT (PIU),
GWALIOR
RFP No. 27/Proc./SQC (O&M)/2019-20/Bhopal Dated 24/01/2020
MANAGING DIRECTOR
Madhya Pradesh Jal Nigam
D- Wing, 2nd Floor, Vindhyachal Bhavan, Bhopal – 462004 (M.P.)
www.mpjalnigam.mp.gov.in, E-mail: [email protected]
Ph: 0755-2579874, 2579034-36 Fax: 0755-2579873
CIN. No. U41000MP2012SGC028798
CONTENTS
SECTION 1 - NOTICE INVITING e-TENDERS ................................................................ 7
SECTION 2 - INSTRUCTIONS TO BIDDERS ................................................................... 9
DATA SHEET .................................................................................................................... 18
SECTION 3 - TECHNICAL PROPOSAL STANDARD FORMS.................................... 28
SECTION 4 - UNDER TAKING OF FINANCIAL PROPOSAL ..................................... 38
SECTION 5 - TERMS OF REFERENCE (TOR) .............................................................. 40
SECTION 6 - DRAFT FORM OF CONTRACT ................................................................ 55
I. FORM OF CONTRACT ............................................................................................ 57
II. GENERAL CONDITIONS OF CONTRACT ...................................................... 59
III. SPECIAL CONDITIONS OF CONTRACT ........................................................ 73
IV. APPENDICES ......................................................................................................... 76
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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MADHYA PRADESH JAL NIGAM (A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
www.mpjalnigam.mp.gov.in, E-mail: [email protected]
Ph: 0755-2579874-2579034-35-36 Fax: 0755-2579873
CIN. No. U41000MP2012SGC028798
NIT No. 23-32/Proc./SQC (O&M)/2019-20 Bhopal, Dated 24/01/2020
NOTICE INVITING ONLINE REQUEST FOR PROPOSAL (RFP) FOR
SUPERVISION AND QUALITY CONTROL CONSULTANT FOR OPERATION &
MAINTENANCE (SQC (O&M)) OF MULTI VILLAGE SCHEMES (MVS)
Madhya Pradesh Jal Nigam (MPJN) intends to engage Supervision and Quality Control
Consultancy on man-month basis for supervision/monitoring & evaluation of Operation &
Maintenance [SQC (O&M)] of Multi Village Schemes (MVS) at Project Implementation Unit
(PIU) at Bhopal, Indore, Gwalior, Rajgarh, Tikamgarh, Panna, Damoh, Shahdol & Seoni under
following bids. Bids are invited online in three cover system.
1. Bid No. PIU Name of scheme/District No. of
Villages
Probable
Amount of
Consultancy
(In Lakh)
EMD
(In Rs.)
Cost of
Bid
Document
(In Rs.)
23/Proc./SQC
(O&M)/2019-20 Bhopal
Mardanpur/Sehore 189
278.28 2,78,500/- 15,000/- Udaipura/Raisen 107
Sagad-Hinotiya Mali/Vidisha 109
24/Proc./SQC
(O&M)/2019-20 Seoni
Jhurki/Seoni 15
171.84 1,72,000/- 12,500/-
Mohkhed/Chhindwada 30
Siddhghat-
Sakrimorchaghat/Seoni 96
Bandol/Seoni 208
25/Proc./SQC
(O&M)/2019-20
Panna Bansujara
(Badamalhera)/Chhatarpur 120
113.40 1,13,500/- 12,500/-
Damoh Byarma/Damoh 22
26/Proc./SQC
(O&M)/2019-20 Tikamgarh
Niwadi/Niwadi 32 103.80 1,04,000/- 12,500/-
Niwadi-Prathvipur-I/ Niwadi 145
27/Proc./SQC
(O&M)/2019-20 Gwalior
Narhela/Morena 34
100.32 1,00,500/- 12,500/- Udgawan/Datia 71
Badonkalan/Datia 61
28/Proc./SQC
(O&M)/2019-20 Shahdol
Majholi/Sidhi 26
95.52 96,000/- 10,000/- Manpur/Umaria 19
Kirgi/Annpuur 51
Gohparu/Shahdol 36
29/Proc./SQC
(O&M)/2019-20 Indore
Roshni/Khandawa 28
87.24 87,500/- 10,000/- Talunkhurd/Barwani 27
Bagod.Nandiya
Pipaliya/Khargone 60
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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1. Bid No. PIU Name of scheme/District No. of
Villages
Probable
Amount of
Consultancy
(In Lakh)
EMD
(In Rs.)
Cost of
Bid
Document
(In Rs.)
30/Proc./SQC
(O&M)/2019-20 Indore
Punjapura/Dewas 25
87.24 87,500/- 10,000/- Arniya Bahadur/Ujjain 17
Gangawabdi/Neemuch 30
Nagda/Ujjain 22
31/Proc./SQC
(O&M)/2019-20 Rajgarh
Bankpura-
Khushalpura/Rajgarh 126 87.24 87,500/- 10,000/-
32/Proc./SQC
(O&M)/2019-20 Seoni
Piparjhari/Balaghat 8
78.96 79,000/- 10,000/- Bhatera/Balaghat 18
Dhuti/Balaghat 20
Devsarra/Balaghat 34
2. GENERAL
a. RFP of proposed Supervision and Quality Control Consultant for Operation &
Maintenance [SQC (O&M)] can be seen and downloaded from the M.P. Government E-
Procurement Portal https://mptenders.gov.in.
b. Cost of Bid Document and EMD of required amount to be submitted online at the time
of bid submission on Madhya Pradesh Government E-Procurement Portal
https://mptenders.gov.in.
c. The pre-bid meeting will be held as per schedule mentioned on M.P. Government E-
Procurement Portal at MPJN office address.
d. Bids should remain valid for a period of 180 Days (One Hundred Eighty Days) from the
date of bid submission.
e. Madhya Pradesh Jal Nigam will not be responsible for any delay in online submission of
bid due to any reason by the bidder.
f. The Madhya Pradesh Jal Nigam reserves the right to accept or reject any bid, cancel the
bidding process and reject all bids, at any time prior to the award of contract, without
incurring any notice and answerability to the affected bidder or bidders or any obligation
to inform the affected bidder or bidders on the grounds for the employer’s discretion.
g. The Bidders must visit the project area and all components of MVS before submission of
bid.
h. Normally, one firm will get Letter of Acceptance for maximum three packages, even if it
is lowest in other packages also, but it will be at the discretion of the Competent Authority
to award more than three packages to any firm, if situation so arises.
i. If any firm has offered lowest rates in more than three packages, then the firm shall be
free to choose any three of these packages.
j. The second lowest firm, in above condition, will be negotiated to accept offer at the
lowest offered rates of that package. If second lowest firm doesn't accept, then the third
lowest firm will be negotiated and so on.
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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3. REGISTRATION
Bidders are required to enrol on the e-Procurement module of the M.P. Government E-
Procurement Portal (URL: https://mptenders.gov.in) by clicking on the link “Online bidder
Enrolment” on the M.P. Government E-Procurement Portal which is free of charge.
4. The firm should fulfil the eligibility criteria specified in the Data Sheet to qualify for
participation in the bid.
5. The firm will be selected under Least Cost Based Selection (LCBS) procedure described
in the RFP. Detailed terms & conditions are mentioned in the tender document.
6. All future addendums and corrigendum (s) shall be put on M.P. Government E-
Procurement Portal https://mptenders.gov.in and not in any newspaper.
7. Duly filled in bid documents are to be submitted as mentioned on portal as critical date and
time.
8. Madhya Pradesh Jal Nigam reserves the right to accept/reject any/all tenders without
assigning any reason thereof.
GENERAL INSTRUCTION REGARDING ONLINE SUBMISSION
1. Bidder should consider any corrigendum/addendum published online on the tender
document before submitting their bids.
2. The bid should contain all relevant detail as required in bid document as well as by MP E-
Procurement portal.
SUBMISSION OF BIDS
a) Bidder must log into the site (https://mptenders.gov.in/) well in advance for bid submission
so that they can upload the bid in time i.e. on or before the bid submission time. Bidder will
be responsible for any delay due to other issues.
b) The bidder must digitally sign and upload the required bid documents one by one as
indicated in the tender document.
c) Tender document cost / EMD: Bidder should submit tender document cost / EMD as per
prescribed procedure of Madhya Pradesh E-Procurement Portal. The bidders will be
required to upload scanned copies of transaction of payment of tender document cost /
EMD at the time of bid submission.
d) Bidders must note that they should necessarily submit their financial bids in the format
provided and no other format is acceptable. If the price bid has been given as a standard
BOQ format with the tender document, then the same is to be downloaded and to be filled
by all the bidders. Bidders are required to download the BOQ file, open it and complete the
white coloured (unprotected) cells with their respective financial quotes and other details
(such as name of the RFP Bid Document). No other cells should be changed. Once the
details have been completed, the bidder should save it and submit it online, without
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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changing the filename. If the BOQ file is found to be modified by the bidder, the bid will
be rejected.
e) The server time (which is displayed on the bidders’ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders,
opening of bids, etc. The bidders should follow this time during bid submission.
f) All the documents being submitted by the bidders would be encrypted using PKI encryption
techniques to ensure the secrecy of the data. The data entered cannot be viewed by
unauthorized persons until the time of bid opening. The confidentiality of the bids is
maintained using the secured Socket Layer 128-bit encryption technology. Data storage
encryption of sensitive fields is done. Any bid document that is uploaded to the server is
subjected to symmetric encryption using a system generated symmetric key. Further this
key is subjected to asymmetric encryption using buyers/bid opener’s public keys.
g) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
h) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid
Submission” in the portal), the portal will give a successful bid submission message & a
bid summary will be displayed with the bid no. and the date & time of submission of the
bid with all other relevant details.
i) The bid summary must be printed and kept as an acknowledgement of the submission of
the bid. This acknowledgement will be required for entry to bid opening meetings.
Managing Director
Madhya Pradesh Jal Nigam
Bhopal
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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MADHYA PRADESH JAL NIGAM
(A Govt. of M.P. Undertaking)
Vindhyachal Bhavan, Bhopal
SECTION 1 - NOTICE INVITING e-TENDERS
NIT No. 27/Proc./MPJN/2019-20 Bhopal, Dated 24/01/2020
1. Madhya Pradesh Jal Nigam (MPJN), Bhopal intends to engage Consultants under a single
Supervision and Quality Control Consultancy for Supervision of Operation & Maintenance
of the following MVS:
Name of the work
Cost of
Executed
Work
(Rs. in Crore)
No. of
Villages
Covered by
MVS
Initial
Consultancy
Period
Narhela MVS, Dist. Morena 77.66 34
24 months Udgawan MVS, Dist. Datia 90.35 71
Badonkalan MVS, Dist. Datia 65.43 61
* Initial consultancy period is two years. This can be extended up to ten years on performance
basis in increment of two years only with mutual consent.
** Yearly increment given on base cost on Consumer Price Index (All India industrial worker)
issued by labour bureau. March month (CPI of March) will be taken as the base for
increment. Revised cost will be payable from April to March every year.
2. The MVS basically comprises of components - Intake well Cum Pump House, Raw Water
and Clear Water Pump, Electric Sub Station, Conveyance main (Pumping/Gravity) with
appurtenances Valve chambers, Pillars, Thrust Blocks, SCADA i/c instrumentation and
Automation, etc., Water Treatment Plant, Break Pressure Tanks, Over Head Tanks,
Distribution Network, etc. Brief detail of works executed under the schemes are included
in the Annexure III to Data Sheet.
3. MPJN invites online proposals for Supervision and Quality Control Consultancy for O&M
work of above Multi Village Schemes to provide the following Consultancy Services:
Supervision and Quality Control Consultancy on man-month basis as defined in Terms
of Reference, administered through the Team Leader ensuring that contractual clauses
related to Operation & Maintenance of O&M Agency with reference to the quality and
quantity of water supplied to the villages in accordance with its provisions / specifications
as per their contract agreement.
4. The consultancy firm should fulfil the minimum criteria specified in Data Sheet for
considering them to be qualified for the bid.
5. The firm will be selected under Least Cost Based Selection (LCBS) procedure described
in the RFP. Detailed terms & conditions are mentioned in the online tender document,
which can be downloaded from M.P. Government E-Procurement Portal
https://mptenders.gov.in from date mentioned in critical dates on M.P. Government E-
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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Procurement Portal.
6. Applicant will be required to pay a non-refundable fee of online tender cost on Madhya
Pradesh Government E-Procurement Portal https://mptenders.gov.in. at the time of
submission of RFP.
7. A Pre-bid meeting shall be held on date mentioned in critical dates on M.P. Government
E-Procurement Portal in the office of MPJN. All future addendums and corrigendum (s)
shall be put on M.P. Government E-Procurement Portal https://mptenders.gov.in and not
in any newspaper.
8. Duly filled in bid documents are to be submitted/opened as mentioned on portal as critical
date and time.
9. Madhya Pradesh Jal Nigam reserves the right to accept/reject any/all tenders without
assigning any reason thereof.
10. The RFP includes the following documents:
SECTION 1 - NOTICE INVITING e-TENDERS
SECTION 2 - INSTRUCTIONS TO BIDDERS
SECTION 3 - TECHNICAL PROPOSAL STANDARD FORMS
SECTION 4 - UNDERTAKING OF FINANCIAL PROPOSAL
SECTION 5 - TERMS OF REFERENCE
SECTION 6 - DRAFT FORM OF CONTRACT
Managing Director
Madhya Pradesh Jal Nigam
Bhopal
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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SECTION 2 - INSTRUCTIONS TO BIDDERS
1. INTRODUCTION
1.1 Definitions
a) ‘Client’ means the person who invited this Request for Proposal whose name is
mentioned in the Data Sheet.
b) ‘Bidder’ means any entity or person that may provide or provides the Services to
the Client under this Contract.
c) ‘Contract’ means the Contract signed by the Parties and all the attached document
listed in its Clause 1, that is the General Conditions (GC), the Special Conditions
(SC), and the Appendices.
d) ‘Contractor’ means the firm/agency executed the MVS works.
e) ‘Data Sheet’ means such part of the Instructions to Bidders used to reflect specific
assignment conditions.
f) ‘Day’ means calendar day.
g) ‘Government’ means the Government of Madhya Pradesh.
h) ‘Instructions to Bidders’ (Section 2 of the RFP) means the document which
provides bidder with all information needed to prepare their Proposals.
i) ‘LOI’ (Section 1 of the RFP) means the Letter of Invitation.
j) ‘Personnel’ means professionals and support staff proposed by the Bidder to
perform the Services or any part thereof;
k) ‘Proposal’ means the Technical Proposal and the Financial Proposal.
l) ‘RFP’ means the Request for Proposal prepared by the Client for the Selection of
SQC (O&M).
m) ‘Services’ means the work to be performed by the selected Bidder pursuant to the
Contract.
n) ‘SQC (O&M)’ or ‘Consultant’ means the entity or person selected for providing
the Services to the Client under this bid document.
o) ‘Terms of Reference’ (TOR) means the document included in the RFP as Section
5 which explains the objectives, scope of work activities, tasks to be performed,
respective responsibilities of the Client and the SQC (O&M) and expected results
/ deliverables of the assignment.
1.2 The Client named in the ‘Data Sheet’ will select a firm among those invited as per the
Letter of Invitation in accordance with the method of selection indicated in the Data
Sheet.
1.3 The eligible firms are invited to submit Technical Proposals and Financial Proposals
for consulting services required for the assignment named in the Data Sheet. The last
date of sale of document is specified in the critical date section of MP Procurement
Portal. The Proposal will be the basis for contract negotiations and ultimately signing
of a contract with the selected firm.
1.4 The bidders should familiarize themselves with local conditions and take them into
account in preparing their Proposals. To obtain first-hand information on the
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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Assignment and on the local conditions, bidders are encouraged to attend a pre-bid
meeting as is specified in the Data Sheet. Attending the pre- bid meeting is optional.
The bidder representative should contact the officials named in the Data Sheet to
arrange for their visit to MVS with its components or to obtain additional information
in the pre-bid meeting. Bidders should ensure that these officials are advised of the visit
in adequate time to allow them to make appropriate arrangements.
1.5 The Client will provide the inputs specified in the Data Sheet to assist the selected
bidder in obtaining licenses and permits needed to carry out the services and provide
relevant project data and reports to the selected bidder.
1.6 Bidders shall bear all costs associated with the preparation and submission of their
proposals and contract negotiation. The Client is not bound to accept any proposal and
reserves the right to annul the selection process at any time prior to Contract award,
without thereby incurring any liability to the bidders.
1.7 The Client requires that the Consultant provide professional, objective, and impartial
advice and always hold the Client’s interest paramount, without any consideration for
future work, and strictly avoid conflicts with other assignments or their own corporate
interests.
1.7.1 A Bidder (including its Personnel) or any of its affiliates shall not be hired for
any assignment that, by its nature, may be in conflict with another assignment
of the Bidder to be executed for the same or for another Client.
1.7.2 A Bidder (including its Personnel) that has business or family relationship
with a member of the Client’s staff who is directly or indirectly involved in
any part of (i) the preparation of the Terms of Reference of the assignment,
(ii) the selection process for such assignment, or (iii) supervision of the
Contract, may not be awarded a Contract, unless the conflict stemming from
this relationship has been resolved in a manner acceptable to the client
throughout the selection process and the execution of the Contract.
1.7.3 Bidders have an obligation to disclose any situation of actual or potential
conflict with their previous client that impacts their capacity to serve the best
interest of their Client (MPJN), or that may reasonably be perceived as having
effect. Failure to disclose said situations may lead to the disqualification or
the termination of its Contract.
1.8 It is the Client’s policy that the bidders observe the highest standard of ethics during
the selection and execution of such contracts. In pursuance of this policy, the Client:
a) Defines, for the purpose of this paragraph, the terms set forth below as follows:
i. ‘Corrupt practice’ means the offering, giving, receiving, or soliciting, directly
or Indirectly, of anything of value to influence the action of a public official
in the selection process or in contract execution;
ii. ‘Fraudulent practice’ means a misrepresentation of omission of facts in order
to influence a selection process or the execution of a contract;
iii. ‘Collusive practices’ means a scheme or arrangement between two or more
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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bidders, designed to establish prices at artificial, non-competitive levels;
iv. ‘Coercive practices’ means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process or affect the execution of a contract.
b) Will reject a proposal for award if it determines that the bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive
or coercive practices in competing for the contract in question.
c) Will declare a firm ineligible, indefinitely or for a stated period of time, to be
awarded a contract if at any time it is found that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing, a domestic financed contract;
and
d) Will have the right to require that in contract, a provision be included requiring
bidder to permit the Client to inspect their accounts and records relating to the
performance of the Contract and to have them audited by authorized representatives
of Client.
1.9 The Bidders shall be aware of the provisions on fraud and corruption stated in the
specific clauses in the General Conditions of Contract.
1.10 Bidders shall furnish information on commissions and gratuities, if any, paid or to be
paid to agents in relation to this proposal and during execution of the assignment if the
Bidder is awarded the Contract, as requested in the Financial Proposal submission form
(Section 4).
1.11 The Data Sheet indicates how long Bidders’ Proposals must remain valid after the
submission date. During this period, Bidders shall maintain the availability of Personnel
nominated in the Proposal.
The Client will make its best effort to complete negotiations within this period. Should
the need arise; however, the Client may request Bidders to extend the validity period of
their proposals. Bidders who agree to such extension shall confirm that they maintain
the availability of the Personnel nominated in the Proposal, or in their confirmation of
extension of validity of the Proposal, Bidders could submit new staff in replacement,
who be considered in the final evaluation for contract award. Bidders who do not agree
have the right to refuse to extend the validity of their Proposals.
2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 Prospective bidders may request a clarification on any point of the RFP documents up
to the date of pre-bid meeting. Any request for clarification must be sent in writing by
post, facsimile, or electronic mail to the Client's address indicated in the Data Sheet
before pre-bid meeting date. The Client will respond by “minutes of pre-bid meeting”
and publish the addendum if any on M.P. Gov. E-Procurement Portal
https://mptenders.gov.in. Any prospective bidder, who intend to submit online
proposal, may attend the Pre-bid meeting.
2.2 At any time before the submission of Proposals, the Client may for any reason, whether
at its own initiative or in response to a clarification requested by a prospective Bidder,
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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modify the RFP document by amendment. Any amendment shall be issued in writing
through addendum. Pre-bid meeting minutes and addendum shall be available at M.P.
Government E-Procurement Portal https://mptenders.gov.in and will become part of
agreement.
2.3 The Client may at its discretion extend the deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 Bidder should login on the site (https://mptenders.gov.in) and prepare the bid after
following the complete procedure of portal.
3.2 Bidder should consider any corrigendum/addendum published online on the tender
document before submitting their bids.
3.3 Bidders are requested to submit online proposal in the language(s) specified in the Data
Sheet.
3.4 Bidder should login on the site (https://mptenders.gov.in) well in advance for bid
submission so that they can upload the bid in time i.e. on or before the bid submission
time. Bidder will be responsible for any delay due to any issues.
3.5 Preparation of covers: Singe stage three cover system
i. In the 1st cover of online submission, Bidders are directed to submit the detail
of tender document fee and EMD.
ii. In the 2nd cover of online submission, Bidders are directed to submit Pre-
Qualification/Technical detail.
iii. Bidders should submit one hard copy of Pre-Qualification/Technical detail (as
submitted online) in a sealed envelope. This envelop must reach after online
submission but before due date and time of opening. Complete technical
evaluation will be based on online submitted documents.
iv. In the 3rd cover of online submission, bidders are directed to submit Financial
Proposal in portal (only online submission accepted).
3.6 Information, which the bidder considers to be proprietary, should be clearly marked as
such. All information provided by the bidder will be treated as confidential and used
for MPJN internal purposes only.
3.7 Earnest Money Deposit
The applicant shall have to submit online Earnest Money Deposit (EMD) of amount
specified in the NIT.
3.8 Technical Proposal
3.8.1 In preparing the Technical Proposal, bidders are expected to examine the document
comprising this RFP in detail. Material deficiencies in providing the information
requested result in rejection of a Proposal.
3.8.2 While preparing the Technical Proposal, bidders must give attention to the following:
i. If a Bidder considers that it may enhance its expertise for the assignment by
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
(SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Gwalior
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associating with other bidder in a joint venture, it may associate with other bidder
if so indicated in the Data Sheet. In case of a joint venture, all partners shall be
jointly and severally liable and shall indicate who will act as the leader of the joint
venture but subject to approval of the client.
ii. For assignments on a staff basis, the estimated number of professional staff-
months is given in the Data Sheet.
iii. It is desirable that most of the key professional staff proposed under this work
shall be permanent employees of the firm or have an extended and stable working
relation with it.
iv. Proposed professional staff must, have the minimum experience indicated in the
Data Sheet, preferably working under conditions like those prevailing in the
country of the assignment.
v. Document to be submitted by the bidder as part of this assignment must be in the
language(s) specified in the Data Sheet.
3.8.3 The Technical proposal should provide the following information using the attached
standard forms (Section 3).
i. A brief description of the Bidder organization with financial capability showing
annual turnover from consultancy business in last 3 financial years preceding the
bid due date) and experience in field of supervision and quality control of water
supply operation and maintenance or water supply scheme operation &
maintenance (showing the requisite project details duly supported with balance
sheet and experience certificate) to evaluate eligibility of firm. In the case of joint
venture, the above details are required to be submitted for each partner (Section
3). For each assignment, the outline should indicate the names of professional staff
who participated, duration of the assignment, contract amount, and bidder
involvement. Information should be provided only for those assignments for
which the bidder was legally contracted by the client as a corporation or as one of
the major firms within a joint venture. Assignments completed by individual
professional staff working privately or through other firms cannot be claimed as
the experience of the Bidder but can be claimed by the Professional staff
themselves in their CVs. Bidder must substantiate its experience by submitting the
requisite experience certificate from the client. Experience certificate issued by
the Principal Employer shall only be accepted.
ii. Any comments or suggestions on the Terms of Reference and on data, services,
and facilities to be provided by the Client (Section 3).
iii. A description of the methodology and plan for performing the assignment (Section
3C).
iv. The list of the proposed staff team, the tasks that would be assigned to each staff
team member, and their timing (Section 3D).
v. CVs originally signed in blue ink on each page by the proposed professional staff
and the authorized representative submitting the proposal along with (Section 3E).
Key information should include number of years working for the firm/entity, and
degree of responsibility held in various assignments. The experience of person
should be verified by firm before submitting the CV for approval. Responsibility
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regarding verification of experience and qualification shall solely be of the firm
and concern person.
vi. Financial detail mentioning turnover through consultancy business as required
though format annexed (Section 3G) in this regard.
vii. Any additional information requested in the Data Sheet.
3.8.4 The Technical Proposal shall not include any information regarding the Financial
Proposal. A Technical Proposal containing any information regarding the Financial
Proposal may be declared nonresponsive.
3.9 Financial Proposal
3.9.1 In preparing the Financial Proposal, bidders are expected to consider the requirements
and conditions of the RFP documents. The Financial Proposal should be submitted in
cover-III in prescribed format. It lists all costs associated with the Assignment,
including remuneration for staff (in the field and at headquarters), and rentals/fixed
rates/ reimbursable such as subsistence (per diem, housing), transportation (for
mobilization and demobilization), services and equipment (office equipment,
furniture, and supplies), office rent, insurance, printing of documents, surveys and
training, if it is a major component of the assignment. The rates to be quoted shall be
inclusive of all taxes, duties, cess, etc. excluding applicable Goods and Service (GST).
The rates are to be filled in Indian National Rupees only.
3.9.2 The Financial Proposal should clearly identify as a separate amount, the local taxes
(including social security), duties, fees, levies and other charges imposed under the
applicable law, on the bidder and their personnel (other than nationals or permanent
residents of the government's country); unless the Data Sheet specifies otherwise.
4. OPENING OF PROPOSALS
4.1 The Technical Proposal of all bidders who have submitted a valid EMD and cost of
tender document shall be opened in the presence of representatives of bidders who
choose to attend on date & time as mentioned in tender document at the address
specified in Data Sheet.
4.2 Bidders may visit M.P. Government E-Procurement Portal https://mptenders.gov.in to
know latest Technical Opening information after completion of opening process.
Bidders can also see the Technical Sheets (check-list) of other bidders after completion
of opening process by logging into the web-site. If such nominated date for opening of
tender is subsequently declared as a Public Holiday by the M.P. Government, the next
official working day shall be deemed as the date of opening of Technical Proposal. The
tender of any bidder who has not complied with one or more of the foregoing
instructions may not be considered.
4.3 The Proposal shall be submitted using the digital signature of authorized representative.
The representative's authorization in original/notarized should be confirmed by a
written power of attorney accompanying the Proposal.
4.4 The digitally signed Financial Proposal which Bidders have uploaded online will be
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opened on a subsequent date after evaluation of Technical Proposals.
4.5 Financial Proposals of only those bidders whose submissions are found substantially
responsive and technically compliant to the tender conditions will be opened. The time
of opening of Financial Proposal shall be informed through website only. Bidders can
visit to M.P. Government E-Procurement Portal https://mptenders.gov.in to ascertain
updated information in this regard.
4.6 After the deadline for submission of proposals the cover-I containing the EMD shall be
opened first and if found in order, the Technical Proposal shall be opened by the
evaluation committee. The Financial Proposal shall not be opened till the Technical
Proposals are evaluated and then the Financial Proposals of the technically qualified
firms shall be publicly opened.
5. PROPOSAL EVALUATION
General
5.1 To assist in the examination, evaluation, and comparison of the Technical and Financial
Proposals, the Client may, at its discretion, ask any bidder for a clarification of its
Proposal. Any clarification submitted by a Bidder that is not in response to the request
by the Client shall not be considered. The Client's request for clarification and the
response shall be in writing. No change in the substance of the Technical Proposal or
Financial Proposal shall be sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Client in the valuation. Any effort by
the Bidder to influence the Client in the Client's proposal evaluation, proposal
comparison or contract award decisions may result in the rejection of the Bidders’
proposal.
Evaluation of Technical Proposals
5.2 During the evaluation of the Technical Proposals, the Client shall determine if the
Technical Proposals are responsive to the key aspects of the RFP and meet the
eligibility requirement specified in the Data Sheet.
5.3 A Proposal shall be rejected at this stage if it is determined to be non-responsive to the
key aspects of the RFP, particularly the TOR or if it fails to meet the eligibility
requirement specified in the Data Sheet.
5.4 The Client shall notify those Bidders whose Technical Proposals were determined to
be non-responsive to the key aspects of the RFP and/or failed to meet the eligibility
requirement specified in the Data Sheet.
Opening and Evaluation of Financial Proposals
5.5 After the evaluation of Technical Proposals is completed, the Client shall notify the
Bidders whose Technical Proposals are responsive to the key aspects of the RFP and
meet the eligibility requirement specified in the Data Sheet, indicating the date and time
set for opening the Financial Proposals. The opening date should allow bidders enough
time to plan for attending the opening.
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5.6 Online Financial Proposals shall be opened publicly in the presence of the Bidders’
representative who chooses to attend online. The name of the bidders, and the proposed
prices shall be opened and recorded when the Financial Proposals are opened.
5.7 The Evaluation Committee will correct any computational errors. When correcting
computational errors, in case of discrepancy between a partial amount and the total
amount, or between word and figures the former will prevail. In addition to the above
corrections, as indicated under Para. 3.9, activities and items described in the Technical
Proposal but not priced, shall be assumed to be included in the prices of other activities
or items. In case an activity or line item is quantified in the Financial Proposal
differently from the Technical Proposal, (i) if the Time-Based form of contract has been
included in the RFP, the Evaluation Committee shall correct the quantification
indicated in the Financial Proposal so as to make it consistent with that Indicated in the
Technical Proposal, apply the relevant unit price included in the Financial Proposal to
the corrected quantity and correct the total proposal cost, (ii) if the Lump-Sum form of
contract has been included in the RFP, no corrections are applied to the Financial
Proposal in this respect. The evaluation shall exclude those taxes, duties, fees, levies,
and other charges imposed under the applicable law.
6. NEGOTIATIONS
6.1 Negotiations (if required) will be held at the place and address indicated in the Data
Sheet. The selected Bidder will, as a pre-requisite for attendance at the negotiations,
confirm availability of all Professional staff. Failure in satisfying such requirements
may result in the Client proceeding to negotiate with the 2nd lowest bidder.
Representatives conducting negotiations on behalf of the selected Bidder must have
written authority to negotiate and conclude a Contract.
6.2 Negotiations will include a discussion of the Technical Proposal, the proposed technical
approach and methodology, work plan, and organization and staffing, and any
suggestions made by the selected Bidder to improve the Terms of Reference. The Client
and the selected Bidder will finalize the Terms of Reference, staffing schedule, work
schedule, logistics, and reporting. These documents will then be incorporated in the
Contract as “Description of services”. Special attention will be paid to clearly defining
the inputs and facilities required from the Client to ensure satisfactory implementation
of the assignment. The Client shall prepare minutes of negotiations, which will be
signed by the selected Bidder.
6.3 It is the sole responsibility of the selected Bidder, before starting financial negotiations,
to contact the local tax authorities to determine the local tax amount to be paid by the
selected Bidder under the Contract. The financial negotiations will include a
clarification (if any) of the firm’s tax liability in the Client’s country, and the way it
will be reflected in the Contract; and will reflect the agreed technical modifications in
the cost of the services. Unless there are exceptional reasons, the financial negotiations
will involve neither the remuneration rates for staff nor other proposed unit rates.
6.4 Having selected the firm based on, among other things, an evaluation of proposed key
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professional staff; Client expects to negotiate a contract based on the experts named in
the proposal. Before contract negotiations, the Client will require assurances that the
experts will be available. The Client will not consider substitutions during contract
negotiations unless both parties agree that undue delay in the selection process makes
such substitution unavoidable or that such changes are critical to meet the objectives of
the assignment. If this is not the case and if it is established that key staff were offered
in the proposal without confirming their availability, the firm may be disqualified.
6.5 Negotiations will conclude with a review of the draft Contract. To complete
negotiations the Client and the selected Bidder will initial the agreed Contract. If
negotiations fail, the Client will invite the Bidder whose Proposal received the second
lowest cost to negotiate a Contract.
7. AWARD OF CONTRACT
7.1 After approval by Competent Authority, the Client shall award the Contract to the
selected Bidder. Once the agreement is signed with the successful agency, the EMD of
unsuccessful agencies shall be refunded online.
7.2 The firm is expected to commence the Assignment on the date and at the location as
instructed by the Client.
7.3 The duration of Contract is specified in Data Sheet.
8. CONFIDENTIALITY
8.1 Information relating to evaluation of proposal and recommendations concerning awards
shall not be disclosed to the bidders who submitted the proposals or to other persons
not officially concerned with the process, until the winning firm has been notified that
it has been awarded the contract.
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DATA SHEET
(This section consists of provisions that are specific to and supplement the information or
requirements included in Section 2 - Instruction to Bidders)
Clause Reference Description
1.2
The name of the Client is:
MADHYA PRADESH JAL NIGAM
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal – 462004
The firm will be selected under Least Cost Based Selection (LCBS)
procedure described in the RFP.
1.3
Tender No - 27/Proc./SQC (O&M)/2019-20
Supervision and Quality Control Consultancy for Operation &
Maintenance [SQC (O&M)] of following MVS of Madhya Pradesh
No Scheme
1 Narhela MVS, Dist. Morena
2 Udgawan MVS, Dist. Datia
3 Badonkalan MVS, Dist. Datia
The details of MVS are provided in the Annexure III.
1.3 & 5.2
The firm should fulfil the following criteria to qualify for participation
in bids:
a. The firm should have minimum average annual turnover of Rs.
500 Lakh in the last 3 financial years preceding the bid due date.
b. The firm should have experience of Supervision Consultancy for
Operation & Maintenance of water supply system of town/MVS
for at least one year as on bid due date (75% completed period (if
the completed period exceeds one year) of running agreement will
also be considered as experience; certificate of employer shall be
attached); or experience of doing O&M works of water supply
scheme having capital cost of more than Rs. 100 Crore in a single
scheme for at least one year as on bid due date as contractor for
Operation & Maintenance.
1.5
Inputs provided by the Client are: MVS execution detail like
drawings, specifications, manufacturer manuals and other relevant
data required for Supervision of O&M to SQC (O&M)
1.9 The clauses on fraud and corruption in the contract are : Sub-Clause
1.8
1.11 The validity of proposal should be: 180 days from the date of
submission.
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Clause Reference Description
2.1
Last Date for Queries: Prior to pre-bid meeting or in pre-bid meeting.
Address for Queries
Project Director
MADHYA PRADESH JAL NIGAM
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan,
Bhopal - 462004 Phone No. 0755-2579034&35&36
Website -www.mpjalnigam.mp.gov.in
Contact Person: General Manager (Procurement)/General Manager,
PIU
3.3 The language in which the proposals should be submitted: English
3.8.2 i. For Joint Venture, Maximum Number of Partners is limited to 2 (two)
only.
3.8.2 ii. The estimated number of professional staff months required for
supervision of each contract package is enclosed at Annexure- I.
3.8.2 iv. Minimum required experience of proposal Professional staff enclosed
at Annexure-II.
3.9
Yearly increment given on base cost on Consumer Price Index (All
India industrial worker) issued by labour bureau. Month of March (CPI
of March) will be taken as the base for increment. Revised cost will be
payable from April to March every year.
3.9.2
The rates quoted under the financial proposal shall be inclusive of all
statutory duties, taxes, levies etc. but excluding applicable Goods and
Service (GST) tax. (if any)
6
Address for Negotiation:
Managing Director
MADHYA PRADESH JAL NIGAM
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan,
Bhopal - 462004 Phone No. 0755-2579034
www.mpjalnigam.mp.gov.in
7.2
The assignment is expected to commence immediately after the
award of contract or as directed by the client at the project sites
located in the state of Madhya Pradesh.
7.3
Initial period for consultancy is two years from deployment but this can
be extended up to ten years in increment of two years only on
performance basis with mutual consent.
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ANNEXURE - I
NUMBER AND TIME PERIOD FOR WHICH THE KEY PROFESSIONAL AND
OTHER STAFF IS REQUIRED FOR THE SUPERVISION AND QUALITY
CONTROL CONSULTANCY FOR OPERATION & MAINTENANCE [SQC (O&M)]
TABLE-1
S. No. Key/Support Staff Period
(months) Total
1 Team Leader 24 1
2 Dy. Team Leader / Community Participation Manager 24 1
3 Supervisors 24 5
4 Field / Office Assistant 24 2
5 Office Boy 24 1
(i) The manpower requirement indicated above is tentative. The deployment timelines and
strength will be as communicated by MPJN from time to time.
(ii) Manpower / deployment of SQC (O&M) may be increased / decreased as per
requirement of MPJN.
TABLE-2
S. No. Description Details
A Head Quarter of Team Leader Gwalior
(i) Head quarter of Team Leader may be changed by General Manager, PIU.
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ANNEXURE II
QUALIFICATION AND EXPERIENCE REQUIREMENTS OF KEY EXPERTS
Broad qualification and experience of the key personnel and other staff given below are from
clients’ perception in respect of the specific requirement of the project. Bidders are advised to
propose personnel specifically highlighting the qualification and experience in the related area
of expertise as per requirements. The CVs should also highlight higher education, training and
publication of technical papers, etc. by the key personnel in the related field as well as their
experience in providing training in the related fields. The CVs of the proposed personnel should
reflect size of the project handled in terms of costs, duration for which services were provided,
type of contract document used, etc.
A. Minimum Qualification and Experience of Key Personnel / Support Staff)
TABLE -2
S.
No. Particulars
Estimated
Man-Months
Minimum
Qualification Minimum Experience
1 Team Leader 24 Months BE (Civil)
7 years’ experience and
minimum 3 years’
experience water supply
Projects/O&M of water
supply
2
Deputy Team Leader /
Community
Participation Manager
24 Months MSW/M.A.
Sociology
5 years’ experience in
water supply and/or total
sanitation
3 Supervisor 24 Months
Diploma in
Civil
Engineering
2 years’ working
experience in Water
Supply
4 Field / Office
Assistant 24 Months
BCA / DCA /
B. Com
Hindi and English typing,
MS office and Tally
software
5 Office Boy 24 Months 10th pass -
Note:
1. At Team Leader office vehicle should be hard top Jeep, Bolero, Scorpio, TUV 300 or
equivalent. Deputy Team Leader & Supervisor should use motorcycle.
2. CV of Team Leader and Deputy Team Leader cum Manager (Community Participation)
will be approved after interview by General Manager of the respective PIU.
3. Tour program should be submitted for each month by TL, DTL and Supervisor and not
more than 10% deviation will be allowed from submitted tour program.
4. Deployment should be done as per requirement of MPJN. GM PIU will intimate in
writing to concerned firm. Firm should deploy personnel within a month compulsorily.
5. Maximum working age 60 years. Person completing age of 60 years will be demobilized
or deemed to be demobilized on the same day.
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ANNEXURE III
S.
No. Description of Component Udgwan Narhela Badonkala
1 Name of Source Angoori
Barrage Pagara Dam Sindh River
2 Intake Well 10.20 MLD 14.80 MLD 8.936 MLD
3 Raw Water Pumping Main
DI K -9 320 m 66.7 km 220 m
4 Water Treatment Plant 9.11 MLD 11.10 MLD 7.99 MLD
5 Clear Water Sump 700 KL 750 KL 365 KL
6 RCC OHT 11 nos 23 nos 31 nos
7 Gravity Feeder Main DI K-
9/K-7 - 52.50 km -
8 Clear Water Pumping Main
DI K-9/K-7 51.40 km 0.08 km 107.53 km
9 Pumping Machinery 20 nos 08 nos 06 nos
10 Break Pressure Tank/MBR 01 nos 01 nos -
11 Distribution Network 216.79 km 90.95 km 164.37 km
12 House Connection 19183 11238 9000
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ANNEXURE III (A)
Udgawan MVS, Dist. Datia
S. No. Main Components
1.1. Intake well-cum-pump house of capacity 10.20 MLD (16 hours flow) at Angoori
Barrage, Dist. Datia.
1.2. Raw water pumping main of dia 400 mm K-9 DI pipes 320m.
1.3. Water treatment plant of 9.11 MLD capacity in 16 hours flow, with 1700 KL capacity.
1.4. Clear water pumping mains of K-9 DI pipes with in-lining and out-lining with suitable
surge protection and allied works from Clear water sump-cum-pump house - DI K9
49422m length having 400/ 250/ 200/150 mm internal Dia.
1.5. Master Balancing Elevated reservoir of capacity of 700 kl capacity at Agora Village.
1.6. Overhead Service Reservoirs
1. Aghora 650 kl 15m
2. Fulora 570 kl 12m
3. udgawan 575 kl 12m
4. Lamaycha 300kl 12m
5. Dangakheda 225 kl 12m
Ground Service Reservoirs
1. Kamrari 600kl
2. Naipura 650 kl
3. Hatlai 525 kl
4. Dangekehad (IPS-1) 225kl
5 Gigna 450kl
6 Palothar (IPS-2) 275kl
1.7. Pumping equipment including motors and protection equipment for following-
a. Three V.T. pump sets (2 working + 1 standby) of 74 lps @25m at head
(approximate) @ 50 HP capacity vertical turbine with electrical control panel all
complete to draw raw water from WTP.
b. To pump Clear water Centrifugal back pull out type pump sets (10 working + 7
standby) as given below:
1. CWR pump house at WTP – from UGR at WTP to Fulora ESR: Segment I
55/22/100 head, discharge, HP respectively.
2. CWR pump house at WTP – from UGR at WTP to Agora Balancing ESR:
segment II 66/100/ 54 head, discharge, HP respectively.
3. CWR pump house at WTP – from UGR at WTP to Backwash water filling
tank. III 20 /15/ 31 head, discharge, HP respectively.
4. CWR pump house at WTP – from UGR at WTP to wash water sump to Aerator
15/30/ 10 head, discharge, HP respectively.
5. Pump house at IPS I – from UGR at Dankarera to ESR at 25/09/ 7.5 head,
discharge, HP respectively.
6. Pump house at IPS II – from UGR, at Palother to ESR at Kamarari/ Udgwan
80/ 22/ 50 head, discharge, HP respectively.
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1.8. One-33 kV electrical substations for electrical power line including the cost of transformer
for Raw water pumping sets, pump house, clear water pumps and lighting facility
complete, with power line and allied works including 500KV transformer 3nos Cabling 1
KVA, 200 KVA transformer and all other necessary items/ equipment’s of electrical
substation all allied work with land development.
1.9. Distribution network with house service connection with restoration found cutting and
crossing-
a. 90 mm dia. HDPE: 21264 m
b. 100mm dia. HDPE: 34456 m
c. 160 mm dia. HDPE: 38448 m
d. 200 mm dia. HDPE: 16349 m
e. 100 mm dia. DI: 36493 m (DI K7)
f. 150 mm dia. DI: 27553 m (DI K7)
g. 200 mm dia. DI:18773m (DI K7)
h. 250 mm dia. DI: 14423m (DI K7)
i. 300mm dia. DI: 6034m (DI K7)
j. 350 mm dia. DI: 2997m (DI K7)
1.10. Construction of store building/ store yard and staff quarters at WTP/BPT sites with land
development -
a. Office building, Store at WTP site 02-unit 150m2
b. F-Type quarter 01 no. 93m2
c. G- type quarter 02no. 285 m2
d. H- type quarter 02no. 138 m2
e. I- type quarter 04no. 162 m2
1.11. Approach roads and boundary walls at each site.
Note: This is tentative detail, actual on field detail may vary.
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ANNEXURE III (B)
Narhela MVS, Dist. Morena
S. No. Main Components
1.1. Intake well cum pump house of 14.80 MLD (16 hours flow) at Pagara Dam. Dist. Morena
1.2. Raw water pumping main of 450 mm internal dia. K-9 DI pipes with in-lining and out
coating length 720 m for water supply of 11.70 Million liter in 16 hours.
1.3. Water treatment plant to provide 11.10 Million liter clear water per day in 16 hours flow,
with suitable/ 750 KL capacity clear water sump (WTP MBR) cum-pump house complete
near village Dewari on hillock, Distt. Morena.
1.4. Clear water pumping mains of K-9 DI pipes with in-lining and out-coating with suitable
surge protection and allied works from clear water sump-cum-
pump house to-
400mm dia, Length - 80 m
Clear water Gravity Main 100mm to 350mm diameter to village Narhela and other
villages OHSR
a. 100mm dia DI K-7 length 17603 km
b. 150mm dia DI K-7 length 20754 m
c. 200mm dia DI K-7 length 6136 m
d. 250mm dia DI K-7 length 7333 m
e. 300mm dia DI K-7 length 2439 m
f. 350mm dia DI K-7 length 7940 km
1.5. Zone Ground Level Balancing Reservoir (Zonal Ground Level Sump) of capacity of –
600 kl near Pagar guest house hillock
1.6. Overhead reservoirs at different villages as follows:
Capacity - 120 KL to 300 KL,
Total- 23 Nos.:
120 KL - 16 Nos., 150 KL - 1 Nos., 200 KL - 04 Nos., 300 KL - 2 Nos.
1.7. Pumping equipment including motors and protection equipment for following-
a. Raw Water Pumps - Three V.T. pump sets (2 W+1SB) of 79.86 lps discharge at
48.14 m head.
b. Clear Water Pumps
i. Three Centrifugal pump sets (2W+1SB) of 75.53 lps discharge at 40.84 m head.
ii. Two Centrifugal pump sets (1W+1SB) of 2.1 lps discharge at 40.40 m head.
1.8. One -33 kV electrical substations for Pump Houses and Allied works including approx.
7.5 km length (approximately) of 33 kV/11 kV power line
1.9. Distribution network comprising of HDPE, PE100 PN10 pipe lines, including valves,
specials, HSC and other allied works of following diameters-
a. 90 mm dia. 10 kg/cm2 pressure, length 63846 m
b. 110 mm dia. 10 kg/cm2 pressure, length 12523 m
c. 125 mm dia 10 kg/cm2 pressure, length 5991 m
d. 140 mm dia. 10kg/cm2 pressure, length 3649 m
e. 160 mm dia. 10 kg/cm2 pressure, length 2724 m
f. 180 mm dia 10kg/cm2 pressure, length 1610m
g. 200mm dia, 10kg/cm2, pressure, length 417m
i. 250mm dia, 10kg/cm2, pressure, length 193km
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1.10. Construction of staff quarters at following sites –
a. Office at WTP site - 225 Sqm.
b. Store building - 75 Sqm
c. F-Type staff quarter - 01 Nos. 93 Sqm. each.
d. G Type staff quarter - 02 Nos. 65 Sqm. each.
e. H Type staff quarter - 04 Nos. 46 Sqm. each.
f. I Type staff quarter - 04 Nos. 32.5 Sqm. each
1.11. Approach roads and boundary walls at each site.
Note: This is tentative detail, actual on field detail may vary.
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ANNEXURE III (C)
Badonkala MVS, Dist. Datia
1.1. Intake well cum pump house of 8.1936 million liters per day capacity with Approach
Bridge on River Sindh.
1.2. Raw water pumping main of 400 mm internal dia. K-9 DI pipes length 220 m for water
supply of 8.936 Million liter in 23 hours.
1.3. Water treatment plant to provide 7.99 Million liter clear water per day in 23 hours flow,
with 365 KL capacity clear water sump (WTP MBR) cum-pump house at Dangra Village.
1.4. Clear water pumping main having 80 mm to 350 mm dia K-9 DI pipe lines with in- lining
and out and out coating of length 107.53Km suitable for water demand of 7.99 MLD (23
hours) from WTP to various ESR
Details of Clear Water Pumping Main:
a. 80 mm DI K9, 9364 meters
b. 100 mm DI K9, 38519 m
c. 100 mm DI K7, 4647m
d. 150 mm DI K9, 28878m
c. 200 mm DI K9, 7854m
d. 250 mm DI K9, 5607m
e. 300 mm DI K9, 6913m
f. 350 mm DI K9, 8747m
1.5. Overhead reservoirs at different villages as follows:
Capacity - 100 KL to 280 KL,
Total- 31 Nos.
100 KL - 09 Nos., 110 KL - 05 Nos., 120 KL - 02 Nos.,140 KL- 01 150 KL - 04 No., 160
KL - 03 No., 170 KL - 02 Nos., 180 KL - 01No., 190 KL - 02 No., 280 KL – 01.
1.6. Pumping equipment including motor sand protection equipment for following-
a. Three V.T. pump sets (2 W+1SB) of1107.00 lps discharge at 37 m head
b. 3 numbers clear water centrifugal pumps (2 W+1SB). Having Discharges 43.00 IPS,
80HP, having Head 79 meters near water treatment plant village Dangra Dist. Datia.
1.7. Electrical substations:
a. Providing 33KV/ 11KV HT line 1.75 Km from Badonkala to WTP at Dangra village.
b. Providing 33KV/ 11KV HT line from WTP at Dangra village to Intake well at
Dangrakua habitation village having length 750m.
c. Providing 33KV/ 11KV suitable electrical substation with allied works for intake cum
pump with 100 KVA transformer at Dangrakua habitation village Dangra Dist. Datia.
d. Providing 33KV/ 11KV suitable electrical substation with allied works for WTP with
200 KVA transformer at Dangra village Dist. Datia.
1.8. Distribution network comprising of HDPE, PE100 PN6 pipe lines, including valves,
specials, HSC and other allied works of following diameters-
a. 90 mm dia. 10 kg/cm2 pressure, length HDPE 111333.01 m
b. 110 mm dia. 10 kg/cm2 pressure, length HDPE 34784.43 m
c. 160 mm dia. 10 kg/cm2 pressure, length HDPE 12674.70 m
e. 200mm dia. 10kg/cm2, pressure, length HDPE 5178.88 m
1.9. Approach roads and boundary walls at each site.
Note: This is tentative detail, actual on field detail may vary.
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SECTION 3 - TECHNICAL PROPOSAL STANDARD FORMS
3A Technical Proposal submission form
3B Firm's references
3C Description of the methodology and plan for performing the assignment
3D Team composition and task assignments
3E Format of Curriculum vitae of proposed professional staff
3F Activity Work schedule
3G Turnover Certificate
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3A. TECHNICAL PROPOSAL SUBMISSION FORM
FROM
(Name and Address of Firm)
------------------------------
To:
Managing Director
MADHYA PRADESH JAL NIGAM
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan,
Bhopal - 462004 Phone No. 0755-2579034
www.mpjalnigam.mp.gov.in
Subject: Technical proposal for “Supervision and Quality Control Consultancy for
Operation & Maintenance of Multi Village Scheme”
We the undersigned, offer to provide Supervision and Quality Control Consultancy
for Supervision of Operation & Maintenance [SQC (O&M)] of Multi Village rural Water
Supply Projects already executed by EPC firms and doing O&M as per their scope. Our scope
of work is to supervise the O&M work carried out by EPC firms on day to day basis in
accordance with your request for proposal dated ……………... We are hereby submitting our
proposal, which includes Technical Proposal and Financial Proposal submitted online in a
separate cover as prescribed by MP Govt. E-Procurement Portal.
The details of scheme which are to be supervised by SQC (O&M) as provided in Annexure III
to Data Sheet.
We undertake that the details of work given in Annexure III to Data Sheet are indicative to
enable us to prepare the bid fairly. We also undertake that any other suitable alteration or
modification as and when needed and which are necessary for successful O&M shall be
deemed to be a part of this agreement.
If negotiations are held during the period of validity of the Proposal, we undertake to negotiate
based on the proposed staff. Our Proposal is binding upon us and subject to the modifications
resulting from contact negotiations.
We understand you not bound to accept any Proposal you receive. We remain,
Yours sincerely,
Authorized Signatory
Name and Title of Signatory:
Name of Firm:
Address:
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
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3B - FIRM’S REFERENCES
Relevant Services carried out in the Last Five Years Which Best Illustrate Qualifications
Using the format below, provide information on each reference assignment for which your
firm/entity, either individually as a corporate entity or as one of the major companies within
an association, was legally contracted.
Assignment name: Approx. value of the contract (in INR):
Country:
Location within country:
Duration of assignment (months):
Name of Client: Total No. of man-months of the assignment:
Address: Approx. value of the services provided by
your firm under the contract (in INR):
Start date (month/year): No. of professional man-months provided by
JV members or Subconsultants:
Completion date (month/year): Funding Source:
Name of joint venture member or Subconsultants, if any:
Narrative description of Project:
Description of actual services provided by the firm in the assignment:
Signature of Authorized Representative
(Certificate from Principal Employer regarding experience should be furnished)
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
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3C. DESCRIPTION OF THE METHODOLOGY AND PLAN FOR PERFORMING
THE ASSIGNMENT
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
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3D. TEAM COMPOSITION AND TASK ASSIGNMENTS
1.Key Personnel’s/Support Staff:
Please refer to Annexure I of the Data Sheet.
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3E. CURRICULUM VITAE (CV) OF PROPOSED PROFESSIONAL STAFF
[ The Consultant shall prepare the CV of each Key Expert it proposes, using the format below
(about 5 pages for each Key Expert).]
1. General
Position Title
Name of Key Expert
Name of the Firm proposing
the Key Expert
Date of Birth
Nationality
2. Education
[list college/university or other specialized education, giving names of educational
institutions, dates attended, degree(s)/diploma(s) obtained]
________________________________________________________________________
________________________________________________________________________
3. Employment record relevant to the assignment
[Starting with present position, list in reverse order. Please provide dates, name of
employing organization, titles of positions held, types of activities performed and location
of the assignment, and contact information of previous clients and employing
organization(s) who can be contacted for references. Past employment that is not relevant
to the assignment does not need to be included.]
Period
Employing organization and your
title/position.
Contact information for
references*
Summary of activities
performed relevant to the
Assignment
[e.g., May
2005-present]
[e.g., Ministry of ……,
advisor/consultant to…
For references: Tel………/e-
mail……;
Mr.…….., Deputy Minister]
*Contact information for references is required only for assignments during the last 3
years.
4. Membership in Professional Associations and Publications:
________________________________________________________________________
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5. Language Skills (indicate only languages in which you can work):
________________________________________________________________________
6. Past criminal record if any:
________________________________________________________________________
7. Adequacy for the Assignment:
Tasks Assigned:
Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the
Assigned Tasks
[insert Name of Project No. 1]
Country :
Period :
Client :
Funding Source :
Type of Service :
Position :
Description of
work/ Assignment
:
[insert Name of Project No. 2]
Country :
Period :
Client :
Funding Source :
Type of Service :
Position :
Description of
work/ Assignment
:
[insert Name of Project No. 3]
Country :
Period :
Client :
Funding Source :
Type of Service :
Position :
Description of
work/ Assignment
:
[insert Name of Project No. ___]
Country :
Period :
Client :
Funding Source :
Type of Service :
Position :
Description of
work/ Assignment
:
[insert Name of Project No.__]
Country :
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Period :
Client :
Funding Source :
Type of Service :
Position :
Description of
work/ Assignment
:
Add more rows if needed.
8. Certification:
I, the undersigned, certify to the best of my knowledge and belief that:
(a) this CV correctly describes my qualifications and my experience;
(b) I am committed to undertake the assignment within the validity of Proposal;
(c) I am not part of the team who wrote the terms of reference for this consulting
services assignment;
I understand that any misstatement described herein may lead to my disqualification or
dismissal, if engaged.
Date:
[Signature of Key Expert or authorized representative of the
firm]
Day/Month/Year
Full name of authorized representative:
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
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3F. ACTIVITY (WORK) SCHEDULE.
Reports (for each Supervision Consultancy for Operation & Maintenance contract package)
No Report Frequency Description
1 Daily Report
Regarding total water supplied in MLD & no of
villages with major quality parameter on E-mail and
discuss daily with PIU on mobile and report to EE/AE
PHED as per direction of PIU.
2 Weekly Report Summarized weekly report of O&M done by contractor
and complaint redressed detail.
3 Monthly Progress Report
Regarding Quality/Quantity of water supplied with
UFW & NRW with suggestive measures.
Every month by 5th of following month (3 copies)
4 Quarterly Progress Report
Detailed report including all aspects of O&M.
Every quarter by 10th day of April, July, October and
January (3 copies)
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3G. TURNOVER CERTIFICATE
FORMAT FOR FINANCIAL SUMMARY DATA
TURNOVER RELATED DATA
(All figures in INR Lakh)
Description Financial Year
2016-17 2017-18 2018-19
Revenue from Consultancy Business
Average of last three years
Financial Year: 1st April to 31st March or the accounting year followed and audited.
Note:
1. The applicant shall submit the copies Audited Balance Sheets / Annual Reports.
2. The annual Turnover data should be certified by a practising Charted Accountant.
SIGNATURE ___________________
NAME ___________________
DESIGNATION ___________________
COMPANY SEAL
COMPANY ___________________
DATE ___________________
Signature of the Charted Account with name & registration number
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SECTION 4 - UNDER TAKING OF FINANCIAL PROPOSAL
Financial Proposal submitted in Cover-III Online subject to following provisions:
Undertaking of Firm
Financial Proposal for Supervision and Quality Control Consultancy for Operation &
Maintenance of Multi Village Schemes
We the undersigned, offer to provide Supervision and Quality Control Consultancy for
Supervision of Operation & Maintenance [SQC (O&M)] of Multi Village Rural Water Supply
Projects already executed by EPC firms and doing O&M as per their scope, as per the details
provided in Annexure III of Data Sheet. Our scope of work is to supervise the O&M work
carried out by firm on day to day basis in accordance with your request for proposal dated
_____________. We are hereby submitting our proposal, which includes Technical Proposal
and Financial Proposal submitted online in separate covers as prescribed by bid document on
MP Govt. E-Procurement Portal.
Our Financial Proposal shall be binding upon us subject to all contract provisions up to
completion of contract.
We undertake that in competing for (and if the award is made to us, in executing) the above
contract, we will strictly observe the laws against fraud and corruption in force in India namely
‘Prevention of Corruption Act 1988’. No commission or gratuity of any kind is included in the
proposal as it is not allowed. Our total financial quote for this job is as mentioned in BOQ
(Price Bid) i.e. cover-III.
The payment will be made as per stipulations of the Conditions of Contract.
1. Office Rent & Incidental expenses
The selected Bidder will have to maintain separate office for each project. The offices will
be fully equipped with furniture, office equipment with computer, telephone, fax,
electricity, water cooler, other equipment necessary for site and required for executing the
job, water supplies, vehicles for office and field visits, office support staff, all traveling
expenses of all personnel, personnel, stationery required for regular office use, reporting,
documentation, etc. The Bidder shall give a monthly rate for the different offices as under,
which will include all expenses detailed above.
2. Office furniture purchase shall comprise to run the SQC (O&M) office items like desks,
chairs, computer table, cupboards, filing cabinet, meeting table with chairs, white boards
purchased by the SQC (O&M). There will be no reimbursement of any office set up cost
or any cost except for those specified in the financial proposal.
3. Vehicle
The SQC (O&M) will have to maintain vehicle and there is provision of rented four-
wheeler for each MVS and for two-wheeler as per following provision payment is payable
to concern person. Payment of vehicles will be made after submission of the log book of
vehicle. If vehicle runs less/or in excess than prescribed limit, the payment will be
deducted/made additional accordingly with following rates for less/excess KM.
a. Four-wheeler vehicle @ Rs. 15/ KM.
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
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b. Two-wheeler vehicle @ Rs. 05/ KM.
4. Mobile Reimbursement Claim
It is essential to have own mobile by each staff mentioned and payable as per following
provision: Maximum Rs. 1,000 for TL and Rs. 500/- for Dy. TL (Manager CP) and
Supervisor or actual whichever is less is reimbursed to firm in monthly bill.
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance
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SECTION 5 - TERMS OF REFERENCE (TOR)
1. Objective
The objective for deploying the SQC is to engage qualified & experienced supervision &
quality control personnel for operation & maintenance of similar nature & size of water
supply scheme. The main purpose is to supervise the overall activities for an efficient
operation and maintenance of a multi village water supply system to provide safe, potable
drinking water as per quality and quantity, with adequate pressure at convenient location
and time on a sustainable basis and advise to operator to maintain the necessary record as
per norm & inspect the record of operator. Madhya Pradesh Jal Nigam (MPJN) shall be the
employer of the SQC O&M.
Operation refers to timely and daily operation of the components of a water Supply system
such as headworks, treatment plant, machinery and equipment, conveying mains, service
reservoirs and distribution system, etc., effectively by various technical personnel, as a
routine function.
Maintenance is defined as the act of keeping the structures, plants, machinery and
equipment and other facilities in an optimum working order. Maintenance includes
preventive / routine maintenance and breakdown maintenance. However, replacements,
correction of defects, etc. are considered as actions excluded from preventive maintenance.
The overall operation & maintenance from reservoir / river, intake well & other components
of the scheme and up to bulk water meter of the different villages covered under the scheme
& maintenance of village distribution network (if mentioned in the executing agency
agreement) shall be done by executing agency for 10 years and operation of distribution
network from sluice valve near bulk water meter of the village to the entire village network
shall be done by different village level water sub-committees (VWSCs) formed under the
provision of Govt. rules / gram panchayat representatives. Generally, the MVS comprises
of following components:
(i) Impounding reservoir, if constructed by executing agency otherwise near the intake
well & in case or river also, near the intake well, to protect intake structure.
(ii) Intake well
(iii) Raw water pumping main
(iv) Water treatment plant
(v) Clear water rising main
(vi) Master Balancing service Reservoirs/Break pressure Tanks
(vii) Gravity Main
(viii) Overhead Tanks/Ground level service reservoirs & IPS, if any
(ix) Distribution network i/c house service connection
(x) Electrical & Mechanical Equipment
(xi) Overhead lines & Substations
(xii) SCADA i/c instrumentation & Automation
(xiii) Approach roads, buildings, protection of all structures and other assets created by
executing agency
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2. Responsibility
2.1. The basic responsibilities of SQC (O&M) are as follows:
(i) To supervise the overall activities for an efficient operation and maintenance of
a multi village water supply system to provide safe drinking water as per
designed quality and quantity, with adequate pressure at convenient location
and time on a sustainable basis and advise to operator to maintain the necessary
record as per norm & inspect the record of operator i/c to supervise overall
operation & maintenance of all components of schemes & all assets created by
the EPC firm during construction of overall scheme & to fulfil overall service
level bench mark as given in agreement with EPC firm.
(ii) To advise & instruct the operator (O&M contractor) and if required to undertake
demonstration sessions to maintain the quality in every activity related to O&M
specially in maintaining the quality of water as per norms
(iii) To create awareness, motivation through IEC activities, organizing awareness
campaign & tour program, conducting periodical trainings and by attending the
Gram Sabha, etc. to VWSC (village water sub-committee), panchayat
representatives (PRIs) & users of project area.
(iv) Act as a coordinator in between operator, VWSCs of different villages, other
related institutions & PIU (Project implementation official) in operation and
maintenance matters.
(v) To maintain & upkeep of overall record related to operation and maintenance.
(vi) To read the bulk water meter reading, generate & distribute the bills up to 5th of
every month of bulk water supply to villages, urban bodies and others & to
collect revenue of distributed bills to deposit in MPJN account.
(vii) To provide the necessary assistance in getting house service connections,
disconnection as per advice of VWSCs based on merits and demerits during
operation & maintenance period.
(viii) To provide the help to VWSCs in collecting the water charges through
awareness & motivating the users.
(ix) To get the monthly collection record of VWSCs from banks & maintain records
of the same.
(x) To provide necessary assistance in formation of VWSCs of villages if not
formed or new VWSC if dissolved.
(xi) To supervise the work & get it recorded in Measurement Books (MBs) & to
produce bills as per norms during O&M period and in preparation of final bills
if SQC of execution has been dissolved.
(xii) To attend the orientation program/workshop if organized by MPJN for up
gradation or orientation.
(xiii) To prepare the estimate of work, if required, in case of SQC deployed during
execution is not working/contract completed or maintenance estimate as per
requirement & instruction by GM, PIU.
(xiv) To supervise the balance work, if SQC execution, is not working/ contract
completed, in case of emergency (in this case permission for deployment of
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extra supervisors’ as per requirement shall be granted as per mutually agreed
basis).
(xv) Acts as coordinator in case of labour strike, etc. from the side of Employer.
(xvi) To provide the help in preparation of water safety plan i.e. sanitary survey of
the water supply system from source to storage / treatment to distribution to
households (also known as sanitary survey) to identify probable sources /causes
of contamination and corresponding operational control measures to reduce the
risks. The controls must be monitored to check that all the components of
schemes are working, otherwise remedial action should be taken accordingly.
3. Time Period
3.1. The SQC (O&M) shall be deployed initially for two years. The deployment can be
extended up to ten years on performance basis in increment of two years only with
mutual consent.
3.2. Yearly increment given on base cost on Consumer Price Index (All India Industrial
Worker) issued by labour bureau. March month (CPI of March) will be taken as the
base for increment. Revised cost will be payable from April to March every year.
4. Details of Scheme
4.1. The details of the schemes are provided in Annexure III to the Data Sheet.
5. Details of Proposed SQC (O&M)
5.1. SQC (O&M) shall consist of following staff:
1. Team Leader - 1
2. Dy. Team Leader / Community Participation Manager – 1
3. Supervisor – min. one for 30 or less villages
4. Field / Office Assistant – 1 for each office
The details of SQC (O&M) staff is specified in Annexure I to Data Sheet. The
deployment of the staff will be dependent on the progress of execution of schemes
included in the scope of SQC (O&M). The deployment schedule will be as
communicated by MPJN from time to time.
5.2. The size of SQC (O&M) will depend upon the size of scheme. There may be one SQC
for single scheme or for two & more clubbed scheme. The head quarter of SQC shall
be fixed up by MPJN as defined in contract in which SQC (O&M) office shall be
established. Head quarter of SQC (O&M) has been specified in Annexure to Data Sheet.
Head quarter of supervisors & field assistant shall be fixed up by General Manager PIU.
The head quarter of SQC (O&M) as well as other staff may be changed time to time as
per requirement.
5.3. Team Leader
He/she shall be fully answerable for overall SQC work & maintain the record and shall
be in line with GM PIU, district authorities, MPJN head office, PRIs, etc. Team Leader
shall have min. two days tour in a week in project area as per tour plan submitted in
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advance per month to GM PIU. Team Leader shall attend all GM & other meetings as
& when called. Team Leader shall be fully responsible to carry out the work as assigned
by GM PIU within the responsibilities defined in contract of SQC O&M. He / She will
stay at head quarter fixed up by MPJN.
5.4. Dy. Team Leader/Manager CP
He/she will work in co-ordination with the Team Leader and carry out the community
participation work i.e. IEC activities, organizing awareness campaign, help to VWSCs
in collecting the water charges through awareness & motivating the users, to provide
necessary assistance in formation of VWSCs of villages, if not formed or new VWSC,
if dissolved and other works within the norms as directed by GM PIU or Team Leader
from time to time. Normally the head quarter shall be at the place of TL, but it may be
changed as per requirement by GM PIU. He / She shall have min. four days visit in
his/her assigned area as per tour plan submitted in advance per month to GM PIU as
well as TL SQC. He/she will stay at fixed head quarter.
5.5. Supervisor
He/she has to supervise & control overall work which is assigned to him/her by GM
PIU and TL SQC as per responsibilities defined in contract document. Supervisor shall
have min. four days visit in his/her assigned area as per tour plan submitted in advance
per month to GM PIU as well as TL SQC. He/she will stay at head quarter fixed up by
GM PIU. In the absence or non-deployment of more supervisors, he/she may be allotted
more areas to work.
5.6. Field / Office Assistant
He /she shall stay at head quarter fixed up by TL SQC O&M which shall generally be
the same as supervisor. He/she has to work as assistant to supervisors & follow the
instructions of MPJN officials, TL SQC & concerned supervisors. In the absence of
other field assistant, he/she shall have to work in more areas also & sometimes the work
of supervisor.
6. Management Framework (MF)
6.1. A Management Framework (MF) will govern the O&M of MVS. The main features of
MF are described below:
(i) To administer the contracts, the Client will be the Employer. The General
Manager will be the overall in-charge of all Multi Village Rural Water Supply
Scheme. He will be duly supported by Manager, Dy. Manager, with other
supporting staff including finance and accounts people at the corporate office.
The MVS will have a Project Implementation Unit (PIU) headed by a General
Manager/Manager duly supported with the sub-ordinate officers/staff. The PIU
will interact with both the SQC (O&M) and EPC firms doing O&M of all Multi
Village Schemes and shall be reporting to the General Manager of PIU.
(ii) The General Manager / Manager, PIU will have authority to give directions to
the Supervision and Quality Control Consultancy for Operation & Maintenance
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in all routine matters related to the management / administration which will
include among other things application of correctives for any laxity in respect
of timely action regarding O&M. The SQC (O&M) shall duly consider his
suggestions/directions and in case of any differences both the SQC (O&M) and
GM / Managers of PIU shall send their independent point to SQC (O&M) shall
interact with each other on regular basis and GM/M will make prompt
decisions as required in routine technical and contractual matters. All
communications / directions at PIU level to the SQC (O&M) shall be made by
General Manager. In absence of GM, Manager PIU will be authorized to issue
the necessary directions as needed.
(iii) The SQC (O&M) will be part of the M.F. and will assist the Employer in all
matters pertaining to Operation & Maintenance, as required.
(iv) The MPJN or his representative may inspect and review the status of O&M and
may issue appropriate directions to the Team Leader for taking necessary action.
The MPJN or his representative may also test check the status of water supply
in villages and service level bench mark as prescribed in the contract agreement
of EPC firms.
7. Basic Requirement of Contract
a) The scope of contract generally covers overall operation and maintenance of civil,
mechanical, electrical, pipeline & allied works of Multi Village Scheme under the
contract for consultancy for supervision of O&M to be done by the O&M contractor as
per the approved manual and standards.
b) Accommodation for establishing office will be provided by MPJN or payment as quoted
in the Financial Proposal of the selected Bidder in lieu of the same will be made to
establish office in a nearby location. If MPJN provides space for establishing office,
then the payment as quoted in Financial Proposal for office space rent will not be made.
8. Duties to be performed by Consultancy Firm during contract period
The following are the tentative details but not limited to:
8.1. Intake Well
a) Monitoring of competency/ adequacy of personnel deployed by contractor.
b) Monitoring of Pumped Water Flow with Head as per System Design & Operational
Requirements specified.
c) Supervision of routine maintenance to be done by the O&M contractor in accordance
with O&M manual, Contract provisions, Manufacturer’s Manual & relevant
IS/International codes.
d) Review the record hourly records of following electrical parameters:
i. Current, Voltage, Frequency, Power Factor, Active and Reactive Power
ii. Keeping the hourly records of following pumping parameters: Pump Flow Rate,
Pump head, Water Levels at suction reservoirs, Suction and Delivery Gauge
readings
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iii. Certification of daily record of readings/ log books of pumps and other instruments
i.e. pressure gauge, flow meter, etc.
iv. Recording of readings of Flow/ Pressure meters and other instruments.
e) Review of daily records of the following:
i. Total number of hours of pumping operation
ii. Total quantity of water pumped
iii. Total energy (kWh) consumption
f) Verification of records for Energy consumption for pumps maintained by O&M
contractor
g) Maintaining Repair History of all Mechanical, Electrical and C&I Equipment's in the
Pumping Stations.
h) Routine monitoring of Electrical Sub-station equipment's.
i) Maintaining various logbooks for various operational activities at Pumping Stations
through PLC system
8.2. Raw Water Pumping Mains
a) Monitoring of Pumped Water Flow with Head as per System Design & Operational
Requirements specified.
b) Daily inspection of pipeline, Valves & allied works for leakage or any other type of
fault and timely intimation to O&M contractor by SMS/E-mail.
c) Supervision of repair works done by O&M contractor
d) Maintain the record in a register for repairs/ maintenance as and when done by the
O&M contractor.
e) Regularly Review the availability of specials / pipes/ Valves etc. required during repair
& maintenance
8.3. Water Treatment Plant
a) Supervision of routine operation & maintenance activities done by the O&M
contractor as per O&M Manual/CPHEEO Manual/ IS Codes/ Contract Provisions.
b) Supervision & review of records maintained by the O&M contractor for various
components of WTP.
c) Supervision of daily operation of Pumps & Pumping System as per client’s
Requirements.
d) Supervision of Routine and Periodic Maintenance of Mechanical Equipment's of
Pumping System
e) Supervision of Routine and Periodic Maintenance of Electrical Equipment's of
Pumping System
f) Supervision of Routine and Periodic Maintenance of Control and Instrumentation
Equipment's of Pumping System
g) Verification of readings of flow, pressure, level measuring Instruments installed at
various components i.e. Channel, CLF, PST, Filter House, Chemical House, Chlorine
House, Pump House, etc.
h) Periodic site calibration of all measuring/ metering equipment at regular intervals as
per the requirement.
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i) Witness (Minimum 10%) the daily tests conducted in laboratory for testing the quality
of Raw & Treated Water and review of test results.
j) Review the hourly records of following electrical parameters:
i. Current, Voltage, Frequency, Power Factor, Active and Reactive Power.
ii. Keeping the hourly records of following pumping parameters:
iii. Pump Flow Rate, Pump head, Water Levels at suction reservoirs, Suction and
Delivery Gauge readings.
k) Verification & review of consumables like Chemical consumption on daily basis and
proper record keeping in prescribed formats.
l) Maintaining Repair History of all Mechanical, Electrical and C&I equipment's in the
Pumping Stations.
m) Routine monitoring of Electrical Sub-station equipment's.
n) Verification & review of Electricity consumption by various equipment's.
o) Maintaining various logbooks for various operational activities at Pumping Stations
through PLC system
p) Supervision of Loading & Un-loading activities, proper storage of received materials
+ Watch & Ward, House-keeping activities, etc.
8.4. Clear Water Pumping Mains:
a) Monitoring of Pumped Water Flow with Head as per System Design & Operational
Requirements specified.
b) Daily inspection of pipeline, Valves& allied works for leakage or any other type of
fault and timely intimation to O&M contractor by SMS/E-mail.
c) Supervision of repair works done by O&M contractor
d) Maintain the record in a register for repairs/ maintenance as and when done by the
O&M contractor.
e) Regularly Review the availability of specials / pipes/ Valves etc. required during repair
& maintenance
8.5. Distribution Network & House Service Connection
a) Daily inspection of pipeline, Valves & allied works for leakage or any other type of
fault and timely intimation to O&M contractor by SMS/E-mail.
b) Supervision of repair works done by O&M contractor
c) Maintain the record in a register for repairs/ maintenance as and when done by the
O&M contractor.
d) Regularly Review the availability of specials / pipes/ Valves etc. required for repair &
maintenance
e) Keeping the hourly records of following electrical parameters:
f) Current, Voltage, Frequency, Power Factor, Active and Reactive Power
g) Keeping the hourly records of following pumping parameters:
h) Pump Flow Rate, Pump head, Water Levels at suction reservoirs, Suction and Delivery
Gauge readings.
i) Collection and testing of water samples as per the direction of PIU.
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j) As per requirement of Payjal Up-Samiti House Service Connection is done by O&M
firm. Supervision of this work is also in scope of SQC (O&M).
8.6. SCADA System
a) Review of data received from various components covered like Intake Well Pump
House, RWPM, Water Treatment plant, ESRs etc.
b) Monitoring of proper functioning of SCADA system
c) Maintaining various logbooks for various operational activities at Pumping Stations
through PLC system
d) Preparation and Submission of Daily/Monthly reports as required, produced from local
SCADA system.
8.7. General Facilities
a) Supervision of maintenance of other general facilities like staff quarters and guard
rooms, etc.
8.8. Revenue Collection
a) Monthly Bill for the water supplied to individual Payjal Up-Samiti shall be prepared
& served based on meter reading of flow meters installed at ESRs.
b) Collection of Cheques from Payjal Up-Samiti and deposit in the account of MPJN,
Bhopal.
8.9. Reports
a) Preparation of weekly/Monthly reports for O&M done by the contractor with
consumption of materials etc. for various components of scheme i.e. Intake Well,
RWPM, WTP, CWPM, ESRs, and Distribution Network & Electric Sub-station, etc.,
preparation of monthly RA Bill of O&M contractor.
b) All online entries on website of Government of India and M.P. will be made regularly
and attend meetings in this regard up to district level and assist the PIU/PHED officials
in these meetings.
8.10. Preparation & Verification of Contractor Bills
a) Preparation & Verification of running/final bill/variation of contractor if any regarding
construction work taking of measurements in measurement book, preparation /
verification of bill in submission / recommendation for necessary payments.
9. SQC (O&M)
9.1. Client in its role as ‘Employer’ will employ qualified Bidder meeting the national
standards by selecting from the technically responsive Bidders, to undertake
supervision of O&M of the already executed MVS. The firm so selected shall nominate
a person to be the Team Leader. This person will reside at the Site Office on a full-time
basis throughout the period of the supervision of Operation and Maintenance services,
visit the scheme components frequently and will be known as Team Leader. He will be
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the overall in-charge of the firm of all the schemes under this agreement and will
interact with the General Manager, as well as with the head office on routine basis.
9.2. The supervision team will be composed of qualified and experienced personnel. The
indicative qualification and experience criteria are furnished in Annexure-II and the
proposed aggregate man-months in Annexure-I. The criteria indicated are for the
guidance of the bidders. The relevant professional experience means, the actual
experience in the concerned area of expertise on similar nature water supply O&M.
9.3. The Bidders are required to develop the proper understanding of the Project Operation
& Maintenance according to the O&M manual / Contract provisions.
9.4. The deployment of the Personnel shall be as communicated by MPJN from time to
time. The payments for the respective Personnel will be based on the actual deployment.
9.5. The suggestive qualification experience for support personal (Non-Technical) as
indicated in Annexure-II shall regulate the approval of these personnel during the
implementation stage. The approval in respect of these personnel from the Employer
will be required before the deployment.
9.6. There are certain positions of key experts like Team Leader, where deployment of
suitable personnel in considered essential for successful O&M of the water supply
schemes/projects. These positions are to be considered for technical evaluation. Bidders
are therefore advised to field truly competent and experienced experts at these
positions. Post interview, or based on performance, MPJN may ask for certain
personnel to be substituted by the Bidder as part of its proposal or deployed team.
9.7. The selected Bidder is required to review the O&M manual and prepare & issue to the
contractor the revised O&M manual.
10. Duties and Responsibilities of Team Leader, Dy. TL/Supervisors
10.1. The SQC (O&M) as per contract document is the party as stipulated in the ‘Appendix
to Bid’ of the contract document. The Team Leader will act as the ‘SQC (O&M)
Representative’. The SQC (O&M) shall delegate the responsibilities to this Team
Leader to work and act on behalf of the firm to carry out all the functions related to
SQC Consultancy of the Operation and Maintenance of MVS. The SQC (O&M) firm
may have the internal regulatory and controlling arrangement with this Team Leader
and for this purpose a Team Leader might interact and receive the directions from the
firm as decided by the firm. The Employer may also interact with the firm as and when
required.
10.2. The duties of the Team Leader will be to properly supervise the works of Operation and
Maintenance as per the O&M manual of the contractor in cooperation and in
consultation with the Employer to ensure timely O&M. The Team Leader will
administer both the O&M works as per contracts and will ensure that the contractual
clauses, whether related to service level benchmarks & operation and maintenance of
various components of the scheme. The Team Leader shall have no authority to relieve
the contractor of any of their duties or obligations under the contracts or to impose
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additional obligations not included in the contracts. The duties of the Team Leader will
also include issue of decisions, certifications and orders as specified in the Contract.
10.2.1 Principal responsibilities will be generally to carry out all the duties of the Team
Leader as specified in the Contract documents, within the limitations specified therein,
but not limited to the following. In case of any disparity, the stipulations made in the
contract document will prevail in the order of precedence mentioned therein.
a. To approve the contractors’ operation and maintenance personnel, mobilization
programs.
b. To approve the contractors’ routine and time bound O&M program including
activity scheduling and resource programming
c. Give the order to commence the work with due information to GM PIU.
d. Ensure that the operation and maintenance works are in accordance with the
technical specifications, Environmental Management Plan and other stipulation
of construction contract document and the O&M methods proposed by the
contractor follow the above stipulations particularly, in relation to Contractors
O&M manual and other resource deployment.
e. Correspondence with the O&M Contractor/Firm with due consent of GM PIU.
f. Review of compliance of complaint made by consumers regarding proper
supply of water or any other within a reasonable time and maintains a record at
each ESRs.
g. Check the laboratory and field test carried out by the contractor
h. Recording of meter reading of water supplied to each village ESRs &
preparation of monthly bill and issue to every Payjal Up-Samiti.
i. Collection of Cheque from the pay Payjal Up-Samiti and deposit in account of
MPJN
j. Preparation of Measurement Book for making payment to O&M contractor as
per the provision of contract agreement payment breakup for O&M.
k. Verification of chemical consumption i.e. Alum, Lime, Chlorine, Bleaching
Powder, etc. used for treatment of water on daily basis.
l. To ensure safety in supply and handling of chlorine cylinders and mixing of
proper amount of chemicals to achieve required quality of water as per
standards.
m. Certification for chemicals procured by O&M contractor for payment.
n. To monitor and check the day to day O&M activities carried out by the
contractor
o. To direct the Contractor in all matters concerning operation and maintenance
safety and care of the works.
p. To direct the Contractor to carry out all such works or to do such things as
may be necessary in his opinion to avoid or to reduce the risk in any
emergency affecting the safety of like or of adjoining property.
q. To direct the contractor to take all necessary steps including those mentioned
in the O&M manual to protect the environment on and off the site which arise
due to O&M operations.
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r. To inspect the works, during the O&M period.
s. Daily inspection of pipeline i.e. RWPM, CWPM & Distribution Network for
leakage, etc.
t. Intimation to O&M contractor by Phone/Mobile/SMS/E-mail in case leakage /
burst, etc.
u. Preparation of monthly report for O&M works done by O&M contractor i.e.
tally with all record meeting the service level benchmark and energy
consumption with guaranteed limit as given in Agreement with O&M Agency.
v. Verification of Electricity Bills of relevant Madhya Pradesh Vidyut Vitran
Company Limited.
w. To ensure timely execution of operation and maintenance in accordance to the
agreement with EPC firms as per the benchmark and propose penalty in case of
delay as per provision of agreement with EPC firm.
x. Responsibility for maintaining proper water supply in all village of project area.
y. Provide assistance to the Employer in respect of contract with maintenance
agency regarding implementation, claims and other matters w.r.t. agreement.
z. Advise and assist the employer with respect to arbitration if so required;
aa. Review and ensure continuity of contractor's services in approved formats;
bb. Maintain records of all plant labour and material used in the O&M.
cc. Collection and testing of water samples as per the direction of PIU.
dd. Collection of readings of all the Electro Magnetic Flow Meters and Bulk Water
Meters to ensure generation of correct bills to villages and accounting of UFW
and NRW.
ee. All online entries on website of Government of India and M.P. will be made
regularly and attend meetings in this regard up to district level and assist the
PIU / PHED / Local administration officials in these meetings.
ff. Timely resolution of public complaints including CM helpline complaints.
gg. Proper coordination with all line agencies i.e. local administration,
road/electricity/canal authorities, panchayats and other relevant departments.
11. Action Requiring Specific Approval of the Employer
11.1. The Team Leader will be required to obtain the specific approval of the Employer in
the matters as specified in Contract Agreement.
(i) Issuing the order for special tests not provided for in the contract and determining the
cost of such tests, which shall be added to the contract price.
(ii) Issuing/approving the Technical Specification, if not provided for an item of works
in the Contract, similarly; for any change in Technical Specification of any item of
work.
12. Interim and Final Payments
12.1. The SQC (O&M) will process interim and final O&M payments to the Contractor.
Interim payments shall be based on interim payment certificates processed by the SQC
(O&M) following claims filed by the Contractor. The Supervisor will be responsible
for ensuring that all measurements are taken as per specification. All measurements
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(100%) will be taken by the Supervisor and recorded in prescribed Measurement Book
manually and/or by computer. Supervisor will certify that they have checked at least
25% of the measurements and control tests respectively. The Team Leader shall
intimate the details of these check tests to the GM/M before undertaking them, so that
the GM/M or his officers could associate, if they wish to do so.
13. Likely Additional Service
13.1. The SQC (O&M) may be required to carry out the supervision of other O&M related
works as instructed by the Client during the contract period of O&M as per instruction
of GM/M in this regard and may be asked to do any technical work as mentioned above.
14. Reporting Requirements
14.1. The SQC (O&M) will prepare and submit the following reports in hard and soft copies
to the Employer on the format prepared by the SQC (O&M) and approved by the
Employer.
No Particulars of the Report No of Copies
1 Monthly Progress Reports 3
2 Quarterly Progress Reports 3
3 Any additional report and power point as & when required As directed
4 Presentation in Hindi and English As directed
14.2. Monthly Reports
14.2.1. The Team Leader will not later than 5th of each month, submit a progress report
summarizing the O&M work accomplished by the SQC (O&M) team for the
preceding month (along with photograph). The report will outline any problems
encountered (administrative, technical or financial) and give recommendation on how
these problems may be overcome. Brief work progress summaries will be included
for ongoing works, outlining problems encountered and recommended solutions. The
report should record the status of payment of contractors’ monthly bills, of all claims
for cost and of action required of government and other agencies to permit
unconstrained works implementation.
In the report Team Leader will provide amount of total water supplied to each village
with the total UFW and NRW of the scheme and copies of the test reports conducted
to ensure the quality of the water supplied.
14.3. Quarterly Progress Reports
14.3.1. The Team Leader will submit a comprehensive report summarizing all activities
under the Services at the end of each quarter before 10th of the subsequent month, and
also at other times when considered warranted by either the Team Leader or the
Employer because of delay of the O&M due to the occurrence of technical or
contractual difficulties. The report will include brief descriptions of the technical and
contractual problems being encountered, physical and financial progress on approved
formats, and financial status of the contracts consisting the cost incurred, and cost
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forecast, as well as financial plan and other relevant information for the on-going
contracts. The SQC (O&M) shall also prepare and submit the following reports (hard
& soft copies) from time to time the Client.
S. No. Description No of Copies
1 Supervision Manual 5
2 Engineering Reports (if required / as directed) 3
14.4. Yearly Reports
14.4.1. The SQC (O&M) will prepare a comprehensive yearly Report for each defined MVS.
14.5. Any Additional Reports & Power Point presentation
14.5.1. The Team Leader will prepare regular report & any other report with power point
presentation and submit softcopy & hardcopy as per instruction/ requirement of
General Manager / Manager, PIU.
15. Staffing Schedule
15.1. The Bidder must propose the staff as required in the bid.
15.2. After award of the contract, the Employer expects all the proposed personnel to be
available during implementation of the contract as per the agreed staffing schedule.
15.3. The Employer will not consider substitutions during contact implementation except
under exceptional circumstances. In case of such replacements, the SQC (Q&M) will
ensure that there is a reasonable overlap of at least one month between staff to be
replaced and replacement for knowledge transfer, at the cost of the SQC (O&M).
15.4. The Employer may ask for mobilization or demobilization of team / staff with one-
month prior notice as per performance and requirement of work. The team / staff shall
be mobilized / demobilized as communicated by Employer.
16. Data services and facilities
16.1. The Bidders are required to quote their rates for other incidental expenses on monthly
basis for providing the following for their own use. The details mentioned below is
minimum what is required to be provided by the SQC (O&M) firm.
(i) All Office Expenses.
(ii) Minimum 1 Vehicle (hard top jeep, Bolero, Scorpio, TUV 300 or equivalent) for
each Team Leader's office and Motor-Cycle 100 cc for Dy. TL and each
Supervisor inclusive of hire charges diesel/ Petrol, wages of driver, maintenance,
etc.
(iii) Computers 1 no. with minimum configuration as Core-I3/I5, 4 GB DDR RAM, 1
TB Hard Disk, office furniture and equipment, etc. basis per office along with all
latest compatible software like Scanner, Laser Printer as per requirement of the
Employer.
(iv) Any other incidental cost like survey equipment including the equipment required
during O&M period to regulate the function of operation and maintenance on
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hire basis.
(v) The rent and other incidental charges are for running office including furniture,
all computers and other equipment, telephone, electric bill, water bill, routine
cleaning & stationery, computer, printer O&M are to be quoted in the Financial
Proposal. The rent of all consolidated items as assessed by SQC (O&M) on
monthly basis rate to be provided.
(vi) The purchase for deployment of office equipment which is to be included in the
office rent and incidental charges shall comprise to run office includes items like
desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs,
white boards, sofa set, etc.
(vii) It is essential to have own mobile by each staff mentioned and payable as per
following provision: Maximum Rs. 1,000 for TL and Rs. 500/- for Dy. TL
(Manager CP) and Supervisor or actual whichever is less is reimbursed to firm in
monthly bill.
17. Deficiencies of Services
17.1. Deficiencies in the services on part of SQC (O&M) may attract penal provisions in the
form of fines, up to a maximum amount of 10% of contract price and /or debarment,
etc. The following is a tentative (should not be considered exhaustive) list of
deficiencies:
a) Not acting impartially or acting in collusion with contractor in award of variation,
fixation of new rates, etc.
b) Not keeping proper records regarding quantity of water supplied quality control,
inspection, etc.
c) Failure to give proper and timely advice to client/contractor to enable correction
during SQC (O&M)
d) Delay in instruction by the SQC (O&M) to contractor/firm.
e) Refusing to give reasons for decisions when called for by the client.
f) Not being fully conversant with manuals, specifications, standards, Client’s /
Ministry’s guidelines and requirement of the project to be followed during
operation and maintenance.
g) Certifying substandard work/supply for payment.
h) Not exercising required scrutiny.
i) Lack of proper coordination with contractors and Client’s representative to ensure
smooth implementation of SQC (O&M) manual.
j) Permitting subletting of any part/major works without authorization.
k) Delay in mobilization of required staff at any stage of the contract.
18. Performance Security
Selected Bidder shall be required to submit acceptable Bank Guarantee for an amount equal
to 5.00% of the accepted cost towards Performance Security. The validity of the Bank
Guarantee shall cover entire duration of consultancy period plus 3 months. The format of
the Bank Guarantee is provided in the bid document. The Bank Guarantee shall be return
after satisfactory completion of the assignment.
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19. SQC (O&M) Proposal Submission
19.1. The TOR is prepared to address all the water supply projects in a general way. The
Bidders are advised to understand full the specific requirements of the supervision
consultancy of respective work. The Bidders are also advised to inspect the concerned
MVS stretch and acquaint themselves with the ground realities.
19.2. The Bidders’ submission should be focused to the O&M requirements as per TOR
details. The methodology to be submitted should address the O&M requirements. All
specific issues for which references have been made in the various parts of this TOR
should be addressed effectively. General nature descriptions should be avoided.
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SECTION 6 - DRAFT FORM OF CONTRACT
CONTRACT FOR SQC (O&M) SERVICES
Between
MADHYA PRADESH JAL NIGAM
(Name of Client)
And
_________________________
(Name of SQC (O&M))
Dated:
# This is a draft Contract for Consultancy Services. In case of any ambiguity, the
provisions of TOR / RFP will prevail while framing the Contract Agreement.
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Contents
I. FORM OF CONTRACT ............................................................................................ 57
II. GENERAL CONDITIONS OF CONTRACT ...................................................... 59
1. General Provisions .................................................................................................. 59
2. Commencement, Completion, Modification and Termination of Contract ...... 60
3. Obligation of the SQC (O&M) ............................................................................... 65
4. SQC (O&M) Personnel ........................................................................................... 67
5. Obligations of the Client ......................................................................................... 68
6. Payments to the SQC (O&M) ................................................................................ 70
7. Fairness and Good Faith ........................................................................................ 72
8. Dispute Resolution System ..................................................................................... 72
III. SPECIAL CONDITIONS OF CONTRACT ........................................................ 73
IV. APPENDICES ......................................................................................................... 76
Appendix A: Description of the Services ...................................................................... 76
Appendix B: Reporting Requirements ......................................................................... 76
Appendix C: Key Personnel ........................................................................................... 76
Appendix D: Medical Fitness Certificate ..................................................................... 76
Appendix E: Hours of Work for Key Personnel .......................................................... 76
Appendix F: Duties of the Client ................................................................................... 76
Appendix G: Cost Estimates .......................................................................................... 76
Appendix H: Form of Performance Security ............................................................... 77
Appendix I: Form of Bank Guarantee for Advance Payments .................................. 79
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I. FORM OF CONTRACT
COMPLEX TIME-BASED ASSIGNMENTS
This CONTRACT (hereinafter called the ‘Contract’) is made the _____day of the ___ [Month]
of _________, 20 ____, between, Madhya Pradesh Jal Nigam (hereinafter called the ‘Client’)
and, ______________ (hereinafter called the ‘SQC (O&M)’).
[Note *: If the SQC (O&M) consist of more than one entity, the above should be partially
amended to read as follows:
“…(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of the
following entities, each of which will be jointly and severally liable to the Client for all the
SQC (O&M)’s obligations under this Contract, namely, _____________________ and
________________________ (hereinafter called “SQC (O&M)”)]
WHEREAS
a) the Client has requested the SQC (O&M) to provide certain consulting services as defined
in the General Conditions of Contract attached to this Contract (hereinafter called the
“Services”);
b) the SQC (O&M), having represented to the Client that they have the required professional
skills, personnel and technical resources, have agreed to provide the Services on the terms
and conditions set forth in this Contract.
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
a) Letter of acceptance (LOA);
b) Addendum/Corrigendum;
c) RFP Document;
d) The following Appendices:
[Note: If any of these Appendices are not used, the words “Not Used” should be inserted
below next to the title of the Appendix on the sheet attached hereto carrying the title of that
Appendix].
Appendix A : Description of the Services
Appendix B : Reporting Requirements
Appendix C : Key Personnel
Appendix D : Medical Certificate
Appendix E : Hours of Work for key Personnel
Appendix F : Duties of the Client
Appendix G : Cost Estimates (Financial Proposal) along with arithmetical corrections
in Local Currency
Appendix H : Copy of Bank Guarantee for Performance security along with
confirmation received from Bank
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2. The mutual rights and obligations of the Client and the SQC (O&M) shall be as set forth
in the Contract; in particular
a) The SQC (O&M) shall carry out the Services in accordance with the provisions of the
Contract; and
b) The Client shall make payments to the SQC (O&M) in accordance with the Provisions
of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
Authorized Signatory Authorized Signatory
For and on behalf of the For and on behalf of
Madhya Pradesh Jal Nigam M/s ……………………………….
(………………………….) (………………)
Project Director Authorized Signatory
(MP Jal Nigam)
Witness
1. Signature 2. Signature
Name Name
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II. GENERAL CONDITIONS OF CONTRACT
1. General Provisions
1.1. Definition
Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:
a. ‘Applicable Law’ means the laws and any other instruments having the force of law in
the India as they may be issued and in force from time to time.
b. “Contract means the Contract signed by the Parties, to which these General Conditions
of Contract are attached, together with all the documents listed in Clause 1 of such
signed Contract;
c. “Effective Date‟ means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1;
d. GC means these General Conditions of Contract;
e. “Government” means the Government of Madhya Pradesh;
f. Currency means the Indian Rupees (INR);
g. “Member”, in case the SQC (O&M) consist of a joint venture of more than one entity,
means any of these entities, and “Members” means all of these entities;
h. “Party‟ means the Client or the SQC (O&M), as the case may be, and Parties means
both of them;
i. “Personnel” means persons hired by the SQC (O&M) as Employees and assigned to
the performance of the Services or any part thereof;
j. "SC" means the Special Conditions of Contract by which these General Conditions of
Contract may be amended or supplemented;
k. "Services" means the work to be performed by the SQC (O&M), as described in
Appendix A hereto;
l. "Third Party" means any person or entity other than the Government, the Client, or the
SQC (O&M).
1.2. Relation between the Parties
Nothing contained herein shall be construed as establishing a relation of master and servant
or of principal and agent as between the Client and the SQC (O&M). The SQC (O&M),
subject to this Contract, have complete charge of Personnel, performing the Services and
shall be fully responsible for the Services performed by them or on their behalf hereunder.
1.3. Interpretation
This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Law.
1.4. Language
This Contract has been executed in the language specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.
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1.5. Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6. Notices
1.6.1. Any notice, request or consent required or permitted to be given or made pursuant to
this Contract shall be in writing. Any such notice, request or consent shall be deemed
to have been given or made when delivered in person to an authorized representative
of the Party to whom the communication is addressed, or when sent by registered mail,
courier or facsimile to such Party at the address specified in the SC.
1.6.2. Notice will be deemed to be effective as specified in the SC.
1.6.3. A Party may change its address for notice hereunder by giving the other Party notice
of such change pursuant to the provisions listed in the SC with respect to Clause GC
1.6.1.
1.7. Location
The Services shall be performed at such locations as are specified in Appendix A hereto.
1.8. Authority of Member in Charge
In case the SQC (O&M) consist of a joint venture of more than one entity, the Members
hereby authorize the entity specified in the SC to act on their behalf in exercising all the
SQC (O&M)'s rights and obligations towards the Client under this Contract, including
without limitation the receiving of instructions and payments from the Client.
1.9. Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Contract by the Client or the SQC (O&M) may be taken or executed
by the officials specified in SC.
1.10. Taxes and Duties
Unless otherwise specified in the SC, the SQC (O&M) and Personnel shall pay such taxes,
duties, fees and other impositions as may be levied under the Applicable Law.
2. Commencement, Completion, Modification and Termination of Contract
2.1. Effectiveness of Contract
This Contract shall come into force and effect on the date (the "Effective Date") of the
Client's notice to the SQC (O&M) instructing the SQC (O&M) to begin carrying out the
Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC
have been met.
2.2. Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as shall be specified in the SC, either Party may, by not less
than four (4) weeks' written notice to the other Party, declare this Contract to be null and
void, and in the event of such a declaration by either Party, neither Party shall have any
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claim against the other Party with respect hereto.
2.3. Commencement of Services
The SQC (O&M) shall begin carrying out the Services at the end of such time period after
the Effective Date as shall be specified in the SC.
2.4. Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire
when services have been completed and all payments have been made at the end of such
time period after the Effective Date.
2.5. Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the Parties. No
agent or representative of either Party has authority to make, and the Parties shall not be
bound by or be liable for, any statement, representation, promise or agreement not set forth
herein.
2.6. Modification
Modification of the terms and conditions of this Contract, including any modification of
the scope of the Services, may only be made by written agreement between the Parties.
Pursuant to Clause GC 7.2 hereof, however, each Party shall give due consideration to any
proposals for modification made by the other Party.
2.7. Force Majeure
2.7.1. Definition
a) For the purposes of this Contract, "Force Majeure" means an event which is beyond
the reasonable control of a Party, and which makes a Party's performance of its
obligations hereunder impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse weather
conditions, strikes, lockouts or other industrial action (except where such strikes,
lockouts or other industrial action are within the power of the Party invoking Force
Majeure to prevent), confiscation or any other action by government agencies.
b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of SQC (O&M) or its employees, nor (ii) any event which a
diligent Party could reasonably have been expected to both (A) take into account at
the time of the conclusion of this Contract and (B) avoid or overcome in the carrying
out of its obligations hereunder.
c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
2.7.2. No Breach of Contract
The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be
a breach of, or default under, this Contract insofar as such inability arises from an event of
Force Majeure, provided that the Party affected by such an event has taken all reasonable
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precautions, due care and reasonable alternative measures, all with the objective of carrying
out the terms and conditions of this Contract.
2.7.3. Measures to be Taken
a) A Party affected by an event of Force Majeure shall take all reasonable measures to
remove such Party's inability to fulfil its obligations hereunder with a minimum of
delay.
b) A Party affected by an event of Force Majeure shall notify the other Party of such
event as soon as possible, and in any event not later than fourteen (14) days
following the occurrence of such event, providing evidence of the nature and cause
of such event, and shall similarly give notice of the restoration of normal conditions
as soon as possible.
c) The Parties shall take all reasonable measures to minimize the consequences of any
event of Force Majeure.
2.7.4. Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any action or
task, shall be extended for a period equal to the time during which such Party was unable
to perform such action as a result of Force Majeure.
2.7.5. Consultation
Not later than thirty (30) days after the SQC (O&M), as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, the Parties
shall consult with each other with a view to agreeing on appropriate measures to be taken
in the circumstances.
2.8. Suspension
The Client may, by written notice of suspension to the SQC (O&M), suspend all payments
to the SQC (O&M) hereunder if the SQC (O&M) fails to perform any of their obligations
under this Contract, including the carrying out of the Services, provided that such notice of
suspension (i) shall specify the nature of the failure, and (ii) shall request the SQC (O&M)
to remedy such failure within a period not exceeding thirty (30) days after receipt by the
SQC (O&M) of such notice of suspension.
2.9. Termination
2.9.1. By the Client
The Client may, by not less than thirty (30) days' written notice of termination to the SQC
(O&M) (except in the event listed in paragraph (f) below, for which there shall be a written
notice of not less than sixty (60) days), such notice to be given after the occurrence of any
of the events specified in paragraphs (a) through (g) of this Clause GC 2.9.1, terminate this
Contract.
a) If the SQC (O&M) fails to remedy a failure in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8
hereinabove, within thirty (30) days of receipt of such notice of suspension or
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within such further period as the Client may have subsequently approved in
writing;
b) If the SQC (O&M) becomes (or, if the SQC (O&M) consist of more than one entity,
if any of their Members becomes) insolvent or bankrupt or enter into any
agreement with their creditors for relief of debt or take advantage of any law for
the benefit of debtors or go into liquidation or receivership whether compulsory or
voluntary;
c) If the SQC (O&M) fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
d) If the SQC (O&M) submit to the Client a statement which has a material effect on
the rights, obligations or interests of the Client and which the SQC (O&M) knows
to be false;
e) If, as the result of Force Majeure, the SQC (O&M) are unable to perform a material
portion of the Services for a period of not less than sixty (60) days;
f) If the Client, in its sole discretion and for any reason whatsoever, decides to
terminate this Contract;
g) If the SQC (O&M), in the judgment of the Client has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract. For the purpose
of this clause:
"Corrupt practice" means the offering, giving, receiving or soliciting of anything
of value to influence the action of a public official in the selection process or in
contract execution.
"Fraudulent practice" means a misrepresentation of facts in order to influence a
selection process or the execution of a contract to the detriment of the Borrower
and includes collusive practice among SQC (O&M) (prior to or after submission
of proposals) designed to establish prices at artificial non-competitive levels and
to deprive the Borrower of the benefits of free and open competition.
2.9.2. By the SQC (O&M)
The SQC (O&M) may, by not less than thirty (30) days' written notice to the Client, such
notice to be given after the occurrence of any of the events specified in paragraphs (a)
through (d) of this Clause GC 2.9.2, terminate this Contract:
a) If the Client fails to pay any amount due to the SQC (O&M) pursuant to this
Contract and not subject to dispute pursuant to Clause 8 hereof within forty-five
(45) days after receiving written notice from the SQC (O&M) that such payment is
overdue;
b) If the Client is in material breach of its obligations pursuant to this Contract and has
not remedied the same within forty-five (45) days (or such longer period as the
SQC (O&M) may have subsequently approved in writing) following the receipt
by the Client of the SQC (O&M)'s notice specifying such breach;
c) If, as the result of Force Majeure, the SQC (O&M) are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
d) If the Client fails to comply with any final decision reached as a result of arbitration
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pursuant to Clause GC 8 hereof.
2.9.3. Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon
expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of
the Parties hereunder shall cease, except:
(i) Such rights and obligations as may have accrued on the date of termination or
expiration;
(ii) The obligation of confidentiality set forth in Clause GC 3.3 hereof;
(iii)The SQC (O&M)'s obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC 3.6 (ii) hereof; and
(iv) Any right which a Party may have under the Applicable Law.
2.9.4. Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses
GC 2.9.1 or GC 2.9.2 hereof, the SQC (O&M) shall, immediately upon dispatch or receipt
of such notice, take all necessary steps to bring the Services to a close in a prompt and
orderly manner and shall make every reasonable effort to keep expenditures for this purpose
to a minimum. With respect to documents prepared by the SQC (O&M), the SQC (O&M)
shall proceed as provided by Clause GC 3.9 hereof.
2.9.5. Payment upon Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the
Client shall make the following payments to the SQC (O&M) (after offsetting against these
payments any amount that may be due from the SQC (O&M) to the Client):
a) Remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed
prior to the effective date of termination;
b) Expenditures pursuant to Clause GC 6 hereof for expenditures actually incurred
prior to the effective date of termination; and
c) Except in the case of termination pursuant to paragraphs (a) through (d) of Clause
GC 2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract including the cost of the return travel of the
SQC (O&M)'s personnel and their eligible dependents.
2.9.6. Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause
GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45)
days after receipt of notice of termination from the other Party, refer the matter to
arbitration pursuant to Clause GC 8 hereof, and this Contract shall not be terminated on
account of such event except in accordance with the terms of any resulting arbitral award.
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3. Obligation of the SQC (O&M)
3.1. General
3.1.1. Standard of Performance
The SQC (O&M) shall perform the Services and carry out their obligations hereunder with
all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices, and
employ appropriate advanced technology and safe and effective equipment, machinery,
materials and methods. The SQC (O&M) shall always act, in respect of any matter relating
to this Contract or to the Services, as faithful advisers to the Client, and shall at all times
support and safeguard the Client's legitimate interests in any dealings with Third Parties.
3.1.2. Law Governing Services
The SQC (O&M) shall perform the Services in accordance with the Applicable Law and
shall take all practicable steps to ensure that any Personnel of the SQC (O&M), comply
with the Applicable Law. The Client shall advise the SQC (O&M) in writing of relevant
local customs and the SQC (O&M) shall, after such notifications, respect such customs.
3.2. Conflict of Interest
In no case any company or their business associates or their personnel will be permitted to
work as SQC (O&M) if they are directly or indirectly related or associated with the MPJN
or with the contactors or maintenance contractor of the particular scheme for which SQC
(O&M) will work.
3.2.1. SQC (O&M) Not to Benefit from Commissions, Discounts, etc.
The Remuneration of the SQC (O&M) pursuant to Clause GC 6 hereof shall constitute the
SQC (O&M)'s sole remuneration in connection with this Contract or the Services and,
subject to Clause GC 3.2.2 hereof, the SQC (O&M) shall not accept for their own benefit
any trade commission, discount or similar payment in connection with activities pursuant
to this Contract or to the Services or in the discharge of their obligations hereunder and the
SQC (O&M) shall use their best efforts to ensure that any of their Personnel and agents,
similarly shall not receive any such additional remuneration.
3.2.2. Procurement Rules of Funding Agencies
If the SQC (O&M), as part of the Services, have the responsibility of advising the Client
on the procurement of goods, works or services, the SQC (O&M) shall comply with any
applicable procurement guidelines of the Bank or of the Association, as the case may be,
and other funding agencies and shall at all times exercise such responsibility in the best
interest of the Client. Any discounts obtained by the SQC (O&M) in the exercise of such
procurement responsibility shall be for the account of the Client.
3.2.3. SQC (O&M) and Affiliates Not to engage in Certain Activities
The SQC (O&M) agree that, during the term of this Contract and after its termination, the
SQC (O&M) and any entity affiliated with the SQC (O&M), shall be disqualified from
providing goods, works or services (other than the Services and any continuation thereof)
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for any project resulting from or closely related to the Services.
3.2.4. Prohibition of Conflicting Activities
The SQC (O&M) shall not engage, and shall cause their Personnel not to engage, either
directly or indirectly, in any of the following activities:
a) During the term of this Contract, any business or professional activities in the
Government's country which would conflict with the activities assigned to them
under this Contract; and
b) After the termination of this Contract, such other activities as may be specified in
the SC.
3.3. Confidentiality
The SQC (O&M) and their personnel shall not, either during the term or within two (2)
years after the expiration of this Contract, disclose any proprietary or confidential
information relating to the Project, the Services, this Contract or the Client's business or
operations without the prior written consent of the Client.
3.4. Liability of the SQC (O&M)
Subject to additional provisions, if any, set forth in the SC, the SQC (O&M) liability under
this Contract shall be as provided by the Applicable Law.
3.5. Insurance to be Taken Out by the SQC (O&M)
The SQC (O&M) (i) shall take out and maintain, at their own cost but on terms and
conditions approved by the Client, insurance against the risks, and for the coverage, as shall
be specified in the SC, and (ii) at the Client's request, shall provide evidence to the Client
showing that such insurance has been taken out and maintained and that the current
premiums therefore have been paid.
3.6. Accounting, Inspection and Auditing
The SQC (O&M) shall:
(i) shall keep accurate and systematic accounts and records in respect of the Services,
hereunder, in accordance with internationally accepted accounting principles and in
such form and detail as will clearly identify all relevant time charges and cost, and the
bases thereof (including such bases as may be specifically referred to in the SC);
(ii) shall permit the client or its designated representative periodically, and up to one year
from the expiration or termination of this Contract, to inspect the same and make
copies thereof as well as to have them audited by auditors appointed by the Client;
and
(iii) shall permit the client to inspect the SQC (O&M) accounts and records relating to the
performance of the SQC (O&M) and to have them audited by auditors appointed by
the Client.
3.7. SQC (O&M)'s Actions Requiring Client's Prior Approval
The SQC (O&M) shall obtain the Client's prior approval in writing before taking any of
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the following actions:
a) appointing such members of the Personnel as are listed in Appendix C ("SQC
(O&M) Key Personnel") merely by title but not by name;
b) The SQC (O&M) shall remain fully liable for the performance of the Services by
its Personnel pursuant to this Contract; and
c) Any other action that may be specified in the SC.
3.8. Reporting Obligations
The SQC (O&M) shall submit to the Client the reports and documents specified in
Appendix B hereto, in the form, in the numbers and within the time periods set forth in the
said Appendix.
3.9. Documents Prepared by the SQC (O&M) to Be the Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the SQC (O&M) for the Client under this Contract shall become and remain
the property of the Client, and the SQC (O&M) shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the Client, together with a detailed
inventory thereof. Restrictions about the future use of these documents and software, if any,
shall be specified in the SC.
4. SQC (O&M) Personnel
4.1. General
The SQC (O&M) shall employ and provide such qualified and experienced Personnel as
are required to carry out the Services.
4.2. Description of Personnel
a) The titles, job descriptions, minimum qualification and estimated periods of
engagement in the carrying out of the Services of each of the SQC (O&M)'s Key
Personnel are described in Appendix C. If any of the Key Personnel has already
been approved by the Client, his/her name is listed as well.
b) If required to comply with the provisions of Clause GCC 3.1.1 hereof, adjustments
with respect to the estimated periods of engagement of Key Personnel set forth in
Appendix C may be made by the SQC (O&M) by written notice to the Client,
provided (i) that such adjustments shall not alter the originally estimated period of
engagement of any individual by more than 10% or one week, whichever is larger,
and (ii) that the aggregate of such adjustments shall not cause payments under this
Contract to exceed the ceilings set forth in Clause GC 6.1 (b) of this Contract. Any
other such adjustments shall only be made with the Client's written approval or
based on Client’s instructions.
c) If additional work is required beyond the scope of the Services specified in
Appendix A, the estimated periods of engagement of Key Personnel set forth in
Appendix C may be increased by agreement in writing between the Client and the
SQC (O&M), provided that any such increase shall not, except as otherwise agreed,
cause payments under this Contract to exceed the ceilings set forth in Clause GCC
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6.1 (b) of this Contract.
4.3. Approval of Personnel
The Key Personnel listed by title as well as by name in Appendix C are hereby approved
provisionally by the Client subject to the condition that they will be finally approved by the
Client following the interview by GM, PIU. Client may ask for certain Personnel to be
substituted following the interview, and the SQC (O&M) submits that the Personnel shall
be replaced with equivalent or better Personnel without any change in the Financial
Proposal. In respect of other Key Personnel which the SQC (O&M) proposes, to use in the
carrying out of the Services, the SQC (O&M) shall submit to the client for review and
approval a copy of their biographical data. If the Client does not object in writing (stating
the reasons for the objection) within thirty (30) calendar days from the date of receipt of
such biographical data, such Key Personnel shall be deemed to have been approved by the
Client.
4.4. Working Hours, Overtime, Leave, etc.
a) Working hours and holidays for Key Personnel are set forth in SC.
b) Client shall not pay for overtime neither for paid sick leave or vacation leave
except as specified in SC hereto, and except as specified in such Appendix, the SQC
(O&M)'s remuneration shall be deemed to cover these items. All leave to be
allowed to the personnel are included in the staff-months of service set for in
Appendix C. Any taking of leave by Personnel shall be subject to the prior approval
by the Client and the SQC (O&M) shall ensure that absence for leave purposes will
not delay the progress and adequate supervision of the Services.
4.5. Removal and/or Replacement of Personnel
a) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the SQC (O&M), it
becomes necessary to replace any of the Personnel or if asked by the Client, the
SQC (O&M) shall forthwith provide as a replacement, a person of equivalent or
better qualifications.
b) If the Client (i) finds that any of the Personnel has committed serious misconduct
or has been charged with having committed a criminal action, or (ii) has reasonable
cause to be dissatisfied with the performance of any of the Personnel, then the SQC
(O&M) shall, at the Client's written request specifying the grounds therefore,
forthwith provide as a replacement a person with qualifications and experience
acceptable to the Client.
5. Obligations of the Client
5.1. Assistance and Exemptions
Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the
Government shall:
a) Provide the SQC (O&M) and Personnel with work permits and such other
documents as shall be necessary to enable the SQC (O&M) or Personnel to perform
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the Services;
b) Assist for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all necessary entry and exit visas, residence permits, exchange
permits, and any other documents required for their stay in Government's country;
c) Facilitate prompt clearance through customs of any property required for the
Services and of the personal effects of the Personnel and their eligible dependents;
d) Issue to officials, agents and representatives of the Government all such instructions
as may be necessary or appropriate for the prompt and effective implementation of
the Services;
e) Assist the SQC (O&M) and the Personnel for the Services from any requirement to
register or obtain any permit to practice their profession or to establish themselves
either individually or as a corporate entity according to the Applicable Law;
f) Provide to the SQC (O&M) and Personnel any such other assistance as may be
specified in the SC.
5.2. Access to Land
The Client warrants that the SQC (O&M) shall have, free of charge, unimpeded access to
all land in the Government's country in respect of which access is required for the
performance of the Services. The Client will be responsible for any damage to such land or
any property thereon resulting from such access and will indemnify the SQC (O&M) and
each of the Personnel in respect of liability for any such damage, unless such damage is
caused by the default or negligence of the SQC (O&M) or the Personnel of either of them.
5.3. Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable Law with respect to
taxes and duties which increases or decreases the cost or reimbursable expenses incurred
by the SQC (O&M) in performing the Services, then the remuneration and reimbursable
expenses otherwise payable to the SQC (O&M) under this Contract shall be increased or
decreased accordingly by agreement between the Parties hereto, and corresponding
adjustments shall be made to the ceiling amounts specified in Clause GC 6.1 (b).
5.4. Services, Facilities and Property of the Client
The Client shall make available to the SQC (O&M) and the Personnel, for the purposes of
the services and free of any charge, the services, facilities and property described in
Appendix F at the times and in the manner specified in said Appendix F, provided that if
such services, facilities and property shall not be made available to the SQC (O&M) as and
when so specified, the Parties shall agree on (i) any time extension that it may be
appropriate to grant to the SQC (O&M) for the performance of the Services, (ii) the manner
in which the SQC (O&M) shall procure any such services, facilities and property from
other sources, and (iii) the additional payments, if any, to be made to the SQC (O&M) as a
result thereof pursuant to Clause GC 6.l (c) hereinafter.
5.5. Payment
In consideration of the Services performed by the SQC (O&M) under this Contract, the
Client shall make to the SQC (O&M) such payments and in such manner as is provided by
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Clause GC 6 of this Contract.
5.6. Counterpart Personnel
a) If so provided in Appendix F hereto, the Client shall make available to the SQC
(O&M), as and when provided in such Appendix F, and free of charge, such
counterpart personnel to be selected by the Client, with the SQC (O&M)'s advice,
as shall be specified in such Appendix F. Counterpart personnel shall work under
the exclusive direction of the SQC (O&M). If any member of the counterpart
personnel fails to perform adequately any work assigned to him by the SQC
(O&M) which is consistent with the position occupied by such member, the SQC
(O&M) may request the replacement of such member, and the Client shall not
unreasonably refuse to act upon such request.
b) If counterpart personnel are not provided by the Client to the SQC (O&M) as and
when specified in Appendix F, the Client and the SQC (O&M) shall agree on (i)
how the affected part of the Services shall be carried out, and (ii) the additional
payments, if any, to be made by the Client to the SQC (O&M) as a result thereof
pursuant to Clause GC 6.1(c) hereof.
6. Payments to the SQC (O&M)
6.1. Cost Estimates; Ceiling Amount
a) An estimate of the cost of the Services is set forth as specified in SC.
b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause GC
6.1(c), payments under this Contract shall not exceed 1.5 times the limit specified
in the SC. Any payment in excess of the above limit will have to be approved by
the Managing Director, Madhya Pradesh Jal Nigam.
c) Notwithstanding Clause GC 6.l (b) hereof, if pursuant to clauses GC 5.3, 5.4 or 5.6
hereof, the Parties shall agree that additional payments shall be made to the SQC
(O&M) in order to cover any necessary additional expenditures not envisaged in
the cost estimates referred to in Clause GC 6.1 (a) above, the ceiling or ceilings, as
the case may be, set forth in Clause GC 6.1 (b) above shall be increased by the
amount or amounts, as the case may be, of any such additional payments.
6.2. Remuneration and Expenditures
a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client must pay
to the SQC (O&M) (i) remuneration as set forth in Clause GC 6.2 (b), and (ii)
expenditures as set forth in Clause GC 6.2 (c). If specified in the SC, said
remuneration shall be subject to price adjustment as specified in the SC.
b) Remuneration for the Personnel shall be determined on the basis of time actually
spent by such Personnel in the performance of the Services after the date determined
in accordance with Clause GC 2.3 and Clause SC 2.3 (or such other date as the
Parties shall agree in writing) (including time for necessary travel via the most direct
route) at the rates referred to, and subject to such additional provisions as are set
forth, in the SC.
c) Expenditures incurred by the SQC (O&M) in the performance of the Services, as
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specified in Financial Proposal.
6.3. Currency of Payment
All payments under this Contract shall be made only in Indian National Rupee.
6.4. Mode of Billing and Payment
Billing and payments in respect of the Services shall be made as follows:
a) The Client shall cause to be paid to the SQC (O&M) an interest-bearing advance
payment as specified in the SC, and as otherwise set forth below. The advance
payment will be due after provision by the SQC (O&M) to the Client of a bank
guarantee by a bank acceptable to the Client in an amount (or amounts) and in a
currency (or currencies) specified in the SC, such bank guarantee (i) to remain
effective until the advance payment has been fully set off as provided in the SC,
and (ii) to be in the form set forth in Appendix I hereto or in such other form as the
Client shall have approved in writing.
b) As soon as practicable and not later than fifteen (15 days) after the end of each
calendar month during the period of the Services, the SQC (O&M) shall submit to
the Client, in duplicate, itemized statements, accompanied by copies of receipted
invoices, vouchers and other appropriate supporting materials, of the amounts
payable pursuant to Clauses GC 6.3 and 6.4 for such month.
c) The Client shall cause the payment of the SQC (O&M) periodically as given in
schedule of payment above within sixty (60) days after the receipt by the Client of
bills with supporting documents. Only such portion of a monthly statement that is
not satisfactorily supported may be withheld from payment. If any discrepancy be
found to exist between actual payment and costs authorized to be incurred by the
SQC (O&M), the Client may add or subtract the difference from any subsequent
payments. Interest at the rate specified in the SC shall become payable as from the
above due date on any amount due by, but not paid on such due date.
d) The final payment under this Clause shall be made only after the final report and a
final statement, identified as such, shall have been submitted by the SQC (O&M)
and approved as satisfactory by the Client. The Services shall be deemed completed
and finally accepted by the Client and the final report and final statement shall be
deemed approved by the Client as satisfactory ninety (90) calendar days after
receipt of the final report and final statement by the Client unless the Client, within
such ninety (90) day period, gives written notice to the SQC (O&M) specifying in
detail deficiencies in the Services, the final report or final statement. The SQC
(O&M) shall thereupon promptly make any necessary corrections, and upon
completion of such corrections, the foregoing process shall be repeated. Any
amount which the Client has paid or caused to be paid in accordance with this
Clause in excess of the amounts actually payable in accordance with the provisions
of this Contract shall be reimbursed by the SQC (O&M) to the Client within thirty
(30) days after receipt by the SQC (O&M) of notice thereof. Any such claim by the
Client for reimbursement must be made within twelve (12) calendar months after
receipt by the Client of a final report and a final statement approved by the Client
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in accordance with the above.
e) All payments under this Contract shall be made to the account of the SQC (O&M)
specified in the SC.
7. Fairness and Good Faith
7.1. Good Faith
The Parties undertake to act in good faith with respect to each other’s rights under this
Contract and to adopt all reasonable measures to ensure the realization of the objectives of
this Contract.
7.2. Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every contingency
which may arise during the life of the Contract, and the Parties hereby agree that it is their
intention that this Contract shall operate fairly as between them, and without detriment to
the interest of either of them, and that, if during the term of this Contract either Party
believes that this Contract is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes of such unfairness,
but no failure to agree on any action pursuant to this Clause shall give rise to a dispute
subject to arbitration in accordance with Clause GC 8 hereof.
8. Dispute Resolution System
8.1. No dispute can be raised on any forum except before the Competent Authority as defined
in Contract Data in writing giving full description of facts and grounds pertaining to the
dispute. It is clarified that merely recording protest while accepting measurement and/or
payment shall not be taken as raising a dispute.
8.2. No dispute can be raised after 45 days of its first occurrence. Any dispute raised after
expiry of 45 days of its first occurrence shall not be entertained and the Employer shall
not be liable for claims arising out of such dispute. It is also made clear that there shall
be no provision for condonation of delay if the dispute is raised after 45 days.
8.3. After receiving the dispute, it shall be put up within the MPJN Technical committee for
discussion & recommendations to the Competent Authority i.e. Project Director, who
shall decide the matter within 45 days.
8.4. Appeal against the order of the Competent Authority i.e. Project Director can be
preferred within 30 days to the Appellate Authority i.e. Managing Director of MPJN.
The Appellate Authority i.e. Managing Director (MD) of MPJN shall decide the dispute
within 45 days.
8.5. Appeal against the order of the Appellate Authority can be referred before the Madhya
Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham
Adhikaran Adhiniyam, 1983.
8.6. The SQC (O&M) shall have to continue Services with due diligence notwithstanding
pendency of a dispute before any authority or forum.
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III. SPECIAL CONDITIONS OF CONTRACT
Number of
GC Clause
Amendments of, and Supplements to, Clauses in the
General Conditions of Contract
1.4 The language is: English / Hindi
1.6.1
The addresses are:
Client: MADHYA PRADESH JAL NIGAM
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
SQC (O&M): As given by SQC (O&M) in submission of Technical /
Financial proposal.
1.6.2 Notice will be deemed to be effective as follows:
(a) In the case of personal delivery or registered mail / courier, on delivery;
1.8 The member in Charge is: Authorized representative to whom power of
Authority has been delegated on non-judicial stamp paper.
1.9
The Authorized Representative are:
For the Client: Managing Director or Authorized representative of
MADHYA PRADESH JAL NIGAM
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
For the SQC (O&M): Authorized representative of the firm/JV to whom
power of authority has been delegated on non- judicial stamp paper.
1.10
The SQC (O&M) and the Personnel will pay all the taxes, duties, fees,
levies and other impositions levied under the existing, amended or enacted
laws during life of this contract and the client shall perform such duties in
regard to the deduction of such tax as may be lawfully imposed. Only the
GST will be paid extra to the SQC (O&M) by the client, if applicable.
2.1 The effectiveness conditions are the following: NIL
2.2 The time period shall be three months or such other time period as the
parties may agree in writing.
2.3 The time period shall be one month or such other time period as the Parties
may agree in writing.
2.4
The time period shall be two years from the start of the Services under this
Contract or such extended period as mutually agreed or such other time
period as the parties may agree in writing.
2.9.1 The Client may take further action including debarment and blacklisting at
its discretion depending on the reason for termination.
3.4
Limitation of the SQC (O&M)'s Liability towards the Client
a) Except in case of gross negligence or wilful misconduct on the part of
the SQC (O&M) or on the part of any person or firm acting on behalf of
the SQC (O&M) in carrying out the Services, the SQC (O&M), with
respect to damage caused by the SQC (O&M) to the Client's property,
shall not be liable to the Client:
(i) For any indirect or consequential loss or damage; and
(ii) For any direct loss or damage that exceeds (A) the total payments for
Professional Fees and Reimbursable Expenditures made or expected
to be made to the SQC (O&M) hereunder, or (B) the proceeds the
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Number of
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Amendments of, and Supplements to, Clauses in the
General Conditions of Contract
SQC (O&M) may be entitled to receive from any insurance
maintained by the SQC (O&M) to cover such a liability, whichever
of (A) or (B) is higher.
b) This limitation of liability shall not affect the SQC (O&M)'s liability, if
any, for damage to Third Parties caused by the SQC (O&M) or any
person or firm acting on behalf of the SQC (O&M) in carrying out the
Services.
3.5
The risks and the coverage shall be as follows:
a) Third Party motor vehicle liability insurance as required under Motor
Vehicles Act, 1988 in respect of motor vehicles operated in India by the
SQC (O&M) or their Personnel for the period of consultancy.
b) Third Party liability insurance with a minimum coverage, of Rs. 10
Lakh for the period of consultancy.
c) Professional liability insurance as per 3.4 (a) (ii) of SC of the
consultancy, with a minimum coverage equal to estimated contract
value.
d) Employer's liability and workers' compensation insurance in respect of
the Personnel of the SQC (O&M) in accordance with the relevant
provisions of the Applicable Law, as well as, with respect to such
Personnel, any such life, health, accident, travel or other insurance as
may be appropriate; and
e) Insurance against loss of or damage to (i) equipment purchased in whole
or in part with funds provided under this Contract, (ii) the SQC (O&M)'s
property used in the performance of the Services, and (iii) any
documents prepared by the SQC (O&M) in the performance of the
Services.
3.9 The SQC (O&M) shall not use these documents for purposes unrelated to
this Contract without the prior written approval of the Client.
4.2 (b)
Notwithstanding the provisions of Clause GCC 4.2 (b), adjustments with
respect to the period of deployment / engagement of staff shall be made as
directed by Client.
4.4
a) Normal office working hours will be 9:30 AM to 5:30 PM.
b) Normal site working / visit hours will be based on site requirements.
c) One weekly off (generally Sunday) and national holidays are allowed for
all Personnel.
d) 13 Casual Leaves in a year is permitted to all. However, the casual
leaves will accrue on monthly pro-rata basis. Casual leaves can be
utilized only from the accrued balance.
e) In case the staff goes on leave on medical or other unavoidable reasons
then the firm must provide alternative staff for that duration.
5.4 Not applicable
5.6 Not applicable
6.4 (a)
The following provisions shall apply to the interest-bearing advance
payment and the advance payment guarantee:
1) An advance payment of 10% of the contract price shall be made within
60 days after receipt and verification of advance payment bank
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Number of
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Amendments of, and Supplements to, Clauses in the
General Conditions of Contract
guarantee. The advance payment will be set off by the Client in equal
instalments against the statements for the first 10 months of the service
until the advance payment has been fully set off.
2) The bank guarantee shall be equal to the amount of the advance payment
3) Interest rate shall be 10% per annum.
6.2
a) Payments for remuneration & expenditure made in accordance with
Clause GC 6.2 (a) shall be adjusted as follows:
Remuneration & expenditure pursuant to the rates set forth in the
Appendix G shall be adjusted every April subject to at least six
months of the Contract having elapsed by that time. Yearly increment
will be given on base cost on WPI basis. March month (Annual WPI
of immediately preceding March) is taken as the basis for increment.
Changed cost shall be payable from April to March every year.
b) (1) It is understood that the remuneration and expenditure rates shall
cover (A) such salaries and allowances as the SQC (O&M) shall have
agreed to pay to the Personnel as well as factors for social charges and
overhead, and (B) the cost of backstopping by home office staff not
included in the Personnel listed in Appendix C, and (C) the SQC
(O&M)'s fee.
(2) Remuneration for periods of less than one month shall be calculated
on an hourly basis for actual time spent in the SQC (O&M)'s office and
directly attributable to the Services (one hour being equivalent to 1/240th
of a month) and on a calendar-day basis for time spent away from office
(one day being equivalent to 1/30th of a month).
(3) Expenditure for period of less than one month shall be calculated on
a calendar-day basis (one day being equivalent to 1/30th of a month).
c) The rates for remuneration and expenditure are set forth in Appendix G.
8.5
Disputes shall be adjudicated through arbitration in accordance with the
provisions of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983
as amended from time to time.
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IV. APPENDICES
Appendix A: Description of the Services
[Give detailed descriptions of the Services to be provided; dates for completion of various
tasks, place of performance for different tasks; specific tasks to be approved by Client, etc.]
Details as per TOR
Appendix B: Reporting Requirements
Details as per TOR
[List format, frequency, contents of reports and number of copies; persons to receive them;
dates of submission, etc. If no reports are to be submitted, state here "Not applicable".}
Please refer TOR
Appendix C: Key Personnel
List: Titles {and names, if already available}, detailed job descriptions and minimum
qualifications, experience of Personnel to be assigned to work, and staff- months for each.
Please refer TOR
Appendix D: Medical Fitness Certificate
(The form of Medical Certificate as required under the. rules of Govt. of M.P.)
Not used
Appendix E: Hours of Work for Key Personnel
Please refer TOR
Appendix F: Duties of the Client
Not used
Appendix G: Cost Estimates
List hereunder cost estimate:
Please refer BOQ
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Appendix H: Form of Performance Security
(PERFORMAMANCE BANK GUARANTEE)
(Clause-18 of TOR)
Bank Guarantee no. ……………….
Date …………………
Name of Beneficiary:
The Managing Director,
MADHYA PRADESH JAL NIGAM
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004
WHEREAS _________________________ [Name and address of SQC (O&M)]1 (hereinafter
called “the SQC (O&M)”) has undertaken, in pursuance of Contract No._______________
dated ………………. to provides the services on terms and conditions set forth in this Contract
_____________________________ [Name of contract and brief description of works)
(hereinafter called the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the SQC (O&M) shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the SQC (O&M) such a Bank Guarantee; NOW
THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the SQC (O&M) up to a total of _____________ [amount of Guarantee in figures & words]]2,
such sum being payable in the types and proportions of currencies in which the Contract Price
is payable, and we undertake to pay you, upon your first written demand and without cavil or
argument, any sum or sums within the limits of __________________ [amount of Guarantee]
as aforesaid without your needing to prove or to show grounds or reasons for your demand for
the sum specified therein. We hereby waive the necessity of your demanding the said debt from
the SQC (O&M) before presenting us with the demand. We further agree that no change or
addition to or other modification of the terms of the Contract or of the services to be performed
there under or of any of the Contract documents which may be made between you and the SQC
(O&M) shall in any way release us from any liability under this guarantee, and we hereby
waive notice of any such change, addition or modification. The liability of the Bank under this
Guarantee shall not be affected by any change in the constitution of the SQC (O&M) or of the
Bank.
Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs. __________ (Rs. _________________________) and the guarantee shall
remain valid till ________ [This guarantee shall be valid until 90 days after the date of
completion of agreement period.]. Unless a claim or a demand in writing is made upon us on
or before ____________ all our liability under this guarantee shall cease.
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Signature and Seal of the Guarantor ____________
In presence of
1. Signature __________________
Name and Designation _____________________
2. Signature __________________
Name and Designation _____________________
Name, address and seal of the Bank _________________________
Phone & Fax No. _____________________________________
Date ______________________________________
1 Give names of all partners if the SQC (O&M) is a Joint Venture.
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Appendix I: Form of Bank Guarantee for Advance Payments
(Reference Clause 6.4 (a) of Contract)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Bank Guarantee no. ……………….
Date …………………
Name of Beneficiary:
The Managing Director,
MADHYA PRADESH JAL NIGAM
(A Govt. of Madhya Pradesh Undertaking)
"D" Wing, 2nd Floor, Vindhyachal Bhawan,
Bhopal - 462004
In consideration of ……………………. (hereinafter referred as the "Client", which
expression shall, unless repugnant to the context or meaning thereof include it successors,
administrators and assigns) having awarded M/s.________________________________
(hereinafter referred to as the "SQC (O&M)" which expression shall unless repugnant to the
context or meaning thereof, include its successors, administrators, executors and assigns), a
contract by issue of Client's Contract Agreement No._________________ dated
____________ and the same having been unequivocally accepted by the SQC (O&M),
resulting in a Contract valued at__________ for _____________ Contract (hereinafter called
the "Contract") and the Client having agreed to make an advance payment to the SQC (O&M)
for performance of the above Contract amounting to ____________ (in words and figures) as
an advance against Bank Guarantee to be furnished by the SQC (O&M). We
____________________________ (Name of the Bank) having its Head Office at
_______________________(here in after referred to as the Bank), which expression shall,
unless repugnant to the context or meaning thereof, include its successors, administrators
executors and assigns) do hereby guarantee and undertake to pay the Client immediately on
demand any or, all monies payable by the SQC (O&M) to the extent of
___________________________ as aforesaid at any time up to _______________________
[one year from submission of BG] without any demur, reservation, contest, recourse or protest
and/or without any reference to the SQC (O&M). Any such demand made by the Client on the
Bank shall be conclusive and binding notwithstanding any difference between the Client and
the SQC (O&M) or any dispute pending before any Court, Tribunal, Arbitrator or any other
authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue
to be enforceable till the Client discharges this guarantee.
The Client shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee, from time to time to vary the advance or to extend the time for
performance of the contract by the SQC (O&M). The Client shall have the fullest liberty
without affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the SQC (O&M) and to exercise
the same at any time in any manner, and either to enforce or to forebear to enforce any
covenants, contained or implied, in the Contract between the Client and the SQC (O&M) any
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other course or remedy or security available to the Client. The Bank shall not be relieved of its
obligations under these presents by any exercise by the Client of its liberty with reference to
the matters aforesaid or any of them or by reason of any other act or forbearance or other acts
of omission or commission on the part of the Client or any other indulgence shown by the
Client or by any other matter or thing whatsoever which under law would but for this provision
have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the SQC
(O&M) and notwithstanding any security or other guarantee that the Client may have in relation
to the SQC (O&M) liabilities. Notwithstanding anything contained herein above our liability
under this guarantee is limited to __________________and it shall remain in force up to and
including ___________ and shall be extended from time to time for such period (not exceeding
one year), as may be desired by M/s. ________________________ on whose behalf this
guarantee has been given.
Dated this ____________ day of __________200_______at_____________
___________________
(signature)
___________________
(Name)
__________________ _
(Official Address)
_________________
(Signature)
_________________
(Name)
_________________
Designation (with Bank stamp)
Attorney as per Power of Attorney No. _______________
Phone & Fax no. _________________________________
Dated ____________________
Strike out, whichever is not applicable.
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who
issues the "Bank Guarantee”.
Note 2: The bank guarantee shall be from a Nationalized Indian Bank, State Bank of India or
its subsidiaries.