sardar sarovar narmada nigam ltd. · pdf filehectares, and has hydropower of 1450 mw ... 32...

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FOR OFFICE USE ONLY CONTRACT NO.

SARDAR SAROVAR NARMADA NIGAM LTD. (A WHOLLY OWNED GOVERNMENT OF GUJARAT UNDERTAKING)

SARDAR SAROVAR (NARMADA) PROJECT

Request for Proposal (RFP)

for

Providing Third Party Inspection Agencies at

the Percentage Rate Contracts for services of

supervision for Under Ground Pipe Line

(UGPL) Sub-minor work in the SSP command

area

Executive Engineer CPC-III SSNNL,

Gandhinagar December-2016

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CONTENTS

Sr.

No. Particulars Page No.

1 SECTION-I

General 1

2 SECTION-2

Instructions to Consultants 11

3 SECTION-3

Technical Proposal 37

4 SECTION-4

Financial Proposal 52

5 SECTION-5

Terms of Reference 58

6 SECTION-6

General Conditions of Contract 71

Agreement Form 93

Bank Guarantee Form (Appedix-F) 95-97

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SECTION-I

PREFACE This Request for Proposal (RFP) document is for selection and appointment of TPI

agency through Least Cost based Selection process (LCS) for the UGPL sub minor

work to be taken up under the Sardar Sarovar Project. The project is described

here under:

1. THE SARDAR SAROVAR PROJECT: 1.1. The Sardar Sarovar (Narmada) Project is a multipurpose river valley project on

the west flowing river Narmada in Gujarat State located along the west coast of

India.

The project is expected to provide irrigation benefits to a gross area of about 3.43 million

hectares, and has hydropower of 1450 MW (installed capacity) and also provides partial

flood control. The revised project cost as approved by the Government of Gujarat and the

Planning Commission, Government of India is estimated to cost about Rs . 54772.94

Crores as of 2014-2015. The salient features of the Project are as under:

Dam

1 Length of main concrete gravity dam 1210.00 m

2 Maximum height above deepest foundation level 163.00 m

3 Top R.L. of dam. 146.50 m

4 Catchments area of river above dam site 88,000 Sq. km

5 Live storage capacity 0.58M.Ha.m (4.7 MAF)

6 Length of reservoir 214.00 km

Maximum width 16.10 km

Average Width 1.77 km

7 Spillway gates

Chute Spillway 7 Nos. 60' x 60'

Service Spillway 23 Nos. 60' x 55'

8 Spillway Capacity 84949.25 cumecs

(30 lakh cusecs)

Power Houses

1 River bed power house 1200 MW

2 Canal head power house 250 MW

4

Canal system

Main Canal

1 Full supply level (F.S.L.) at H.R. 91.44 m (300 ft)

2 Length upto Gujarat - Rajasthan border 458.00 km

3 Base width in head reach 73.01 m

4 Full supply depth (F.S.D.) in head reach 7.60 m

5 Design discharge capacity

(1) In head reach 1133 cumecs

(40,000 cusecs)

(2) At Gujarat Rajasthan border 71 cumecs

(2,500 cusecs)

Distribution System

1 Numbers of Branches 38

2 Length of distribution system network 66000.00 km

3 Culturable Command Area 18.45 lakh hectares

1.2. A schematic map showing the canal network: 1.3. Details of Canal Network:

The Narmada Main Canal is 458 km Long. The Main Canal passes through 9 districts

and 27 talukas of Gujarat. These districts are Narmada, Panchmahal, Vadodara, Kheda,

Ahmedabad, Gandhinagar, Mehsana, Patan and Banaskantha.

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The works of Narmada Main Canal from Kevadia to Mahi River (0 km. to 144 Km.) were

commenced in 1980 and they were completed by the year 2000. In this reach of the

Main Canal there are 15 branch canals having total length of 657 Km. All these branch

canals have been completed. Water is flowing in these canals.

The Narmada Main Canal between 144 Km. (Mahi River) to 263 Km. (off take of

Saurashtra Branch Canal) is also completed in the year 2003 and is operational. There

are 7 branches having total length of 217 km. in this portion of the Main Canal. All the 7

branches have been completed. Water is flowing in these canals.

The Saurashtra Branch Canal off takes from 263 km. (near Kadi) of the Main Canal. The

SBC is 104 km. long and the works is completed. There are 7 sub-branches off taking

from the Saurashtra Branch Canal which has total length of 865 km the and works of all

7 sub-branches have been completed.

The Saurashtra Branch Canal is having 5 pumping stations which has lift varying from

10.86 mt. to 17.03 mt. This is one of the largest pumping station of the Asia and work

has been completed for the first pumping station near Lilapur.

The first pumping station has pumping capacity of 300 cubic meter per second and has

a lift of 10.86 mt. The work of remaining 5 pumping stations is in progress.

The Main Canal from 263 km. (Kadi) to 458 Km. (Gujarat Rajasthan border) is also

operational and water is reached to Rajasthan in March-2008. There are 15 branch

canals in this portion of the Main Canal. Of these 15 branch canals 14 branch canal

have been completed whereas work of remaining 1 branch canal is in progress.

4.0 BRIEF DESCRIPTION OF THE WORK:

The present works involves Inviting TPI for constructing Under Ground

Pipe Line(UGPL) sub minors in SSP command area

Taluka wise tentative command area of SSP is given in the table below

where sub minors works are to be taken up on priority basis. It is to be

noted that these areas are tentative and not to be considered as final.

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Agency shall note that the Percentage Rate as decided by Nigam will

be applicable uniformly in all parts of command area of SSP.

SCOPE OF WORK FOR UGPL SUB MINOR IN SSP

COMMAND

Sr. No Taluka Area in Ha.

1 2 3

1 Amod 4074

2 Becharaji 9973

3 Barwala 4407

4 Bavla 457

5 Bhabhar 1506

6 Bharuch 2977

7 Botad 6575

8 Bodeli 1185

9 Chansama 3430

10 Chuda 5960

11 Dabhoi 2691

12 Dasada 42735

13 Detroj-Rampura 8080

14 Dholka 526

15 Dhrangadhra 18817

16 Dhandhuka 2391

17 Gadhda 2594

18 Halvad 17970

19 Harij 6650

20 Jambusar 1215

21 Jotana 157

22 Kadi 8515

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COMMAND


23 Kalol 754

24 Kankarej 4365

25 Karjan 13910

26 Lakhatar 14733

27 Limbdi 2272

28 Maliya 6505

29 Mandal 14812

30 Morbi 2300

31 Padra 772

32 Patan 43

33 Radhanpur 13426

34 Ranpur 1839

35 Sami 11279

36 Sanand 3280

37 Sankheda 1139

38 Santalpur 15747

39 Shankheshwar 7959

40 Sinor 3172

41 Suigam 1719

425 Tharad 1090

43 Tilakwada 342

44 Umrala 2137

45 Vagra 1489

46 Vav 1767

47 Vadodara 408

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COMMAND


48 Vallabhipur 9621

49 Viramgam 17133

50 Wadhvan 4685

51 Wghodiya 88

Total 311671

Bid Packages:

Sr. No.

Bid Package Name of Chief Engineer Area in Ha.

1 Package-1 C.E. (Dam and Vadodara) C.E. (Ahmedabad)

33462 11633

2 Package-2

C.E. (Mehsana) 117076

4 Package-3 C.E. (Patan) 39327

5 Package-4

C.E. (Rajkot) 108173

Total 311671

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REQUEST FOR PROPOSALS

RFP No. SSNNL/CANALS/01 OF 2016 Country : INDIA – State of Gujarat

Project Name : Projects of Canal Works of the Sardar

Sarovar Project

Title of Consulting Services : Providing Third Party Inspection Agencies at

the Percentage Rate Contracts for services

of supervision for Under Ground Pipe Line

(UGPL) Sub-minor work in the SSP

command area

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SECTION - 1

LETTER OF INVITATION

Invitation of Proposal for Providing Third Party Inspection Agencies at the

Percentage Rate Contracts for services of Supervision of Under Ground Pipe

Line (UGPL)Sub-minor work in the SSP command area

Date: ____ Dec., 2016

To, ___________________________ ___________________________ ___________________________

Selection of a Third Party Inspection Agencies at the Percentage Rate

Contracts for services of Supervision of Under Ground Pipe Line (UGPL) Sub-

minor work in the SSP command area

SSNNL intends to appoint Third Party Inspection Services at the Percentage Rate

contract for Under Ground Pipe Line (UGPL) Sub-minor work in the SSP command area.

Consultant can bid for one or more packages from four packages.

SSNNL will award Third Party Inspection Services Contract to one or more work to one

or more Third Party Inspection services consultants. This will be based on the SSNNL

evaluation of the Consultant’s Technical competence, experience and the works on

hand with the consultants. However no consultant will be awarded more than two

works. Award of one or more work to one or more consultants shall be at the sole

discretion of the SSNNL.

2.0 Objective and Broad Scope of Assignment

The Construction agreement between the Sardar Sarovar Narmada Nigam Ltd. and

the Contractor will govern the assignment of the Project:

The role of TPI Consultancy will be in Four phase:

Pre-construction Activities

Activities during construction

Defects correction supervision

Post-construction activities

The inspecting agency is required to Review, Scrutiny & approval of Civil /

Mechanical works design submitted by work agency w.r.to contract documents.

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The Construction agreement set out in various clauses, shall define the role of the

TPI Consultancy Implicit in this contract is the fact that the client has certain rights

and obligations vis-a-vis the contractor, and certain rights and responsibilities vis-a-

vis the Government of Gujarat. The TPI Consultancy shall be expected to fulfil such

obligations, which are directly set out in the construction contract, as well as assist

the client for exercising and fulfilling the clients rights and obligations. The TPI shall

act as an extended arm of the client in the technical and contractual issues

connected with the implementation of the project. The contract agreement are

deemed to be a part of this TOR, in so far as the duties and obligations of the TPI

Consultancy are concerned, and the TPI Consultancy shall acquaint himself to the

letter and spirit of the agreements.

3. REQUEST FOR PROPOSAL

SSNNL has decided to outsource the Third Party Inspection Services with broad

scope of works as identified hereinabove and as described in the Detailed Terms

of Reference (TOR) from qualified, technically competent, experienced

consultancy agencies with a view to ensure quality and provide quality control of

the work..

Forms This Request for Proposal (RFP) is for providing Third Party Inspection

Services for UGPL Sub-minor works described herein above.

You are, therefore, invited through this Request for Proposal (RFP) to present

your Technical and Financial offers online on ssnnl.nprocure.com for further

consideration by SSNNL for selection of the consultants.

A firm will be selected under the least cost based selection procedures as

described in this RFP.

4. The RFP includes the following documents:

Section 1 - Letter of Invitation

Section 2 - Information to Consultants (including Data Sheet)

Section 3 - Technical Proposal - Standard Forms

Section 4 - Financial Proposal - Standard Forms

Section 5 - Terms of Reference

Section 6 - General Conditions of Contract

5. ADDRESS FOR SUBMISSION:

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5.1 Please inform us in writing to the following address:

(a) that you received the letter of invitation; and

(b) You will have to submit the proposal alone

.

5.2 You are requested to ensure that the Technical Proposals are submitted on line as

well as hard copies in two separate envelopes. In one envelop consultant has to give

Tender Fees and EMD and in another envelope consultant has to give the Technical

proposal one original and one copy. The two envelope shall be placed in a single

cover clearly mention “Official Documents” with the reference number, name of the

work and clear identification of the contents on the envelope to:

Chief Engineer (CPC)

Sardar Sarovar Narmada Nigam Ltd.

Block No.12, 6th Floor,

New Sachivalaya Complex,

Gandhinagar 382010.

Phone No. 079-23252734 Fax: 079-23252394

E-mail :[email protected],[email protected]

6 The Financial Proposal shall be submitted online on ssnnl.nprocure.com only. No

hard copy of Financial proposal shall be submitted.

Yours sincerely,

Chief Engineer (CPC) Sardar Sarovar Narmada Nigam Ltd.

Gandhinagar

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SECTION - 2

INSTRUCTIONS TO CONSULTANTS

Definitionsa) “SSNNL” means the Sardar Sarovar Narmada Nigam Limited, a

Government of Gujarat undertaking, Gandhinagar

b) “Consultant”/”Applicant” means any entity or person that may

provide or provides operational consulting Services to the SSNNL

under the Contract

c) “Contract” means the Contract signed by the Parties to which the

General Conditions (GC).

d) “Data Sheet” means such part of the Instructions to Consultants

used to reflect specific country and assignment conditions

e) “Day” means calendar day

f) “Government” means the Government of Gujarat

g) “Instructions to Consultants” (Section 2 of the RFP) means the

document which provides Consultants with all information needed

to prepare their Proposals

h) “LOI” (Section 1 of the RFP) means the Letter of Invitation being

sent by the SSNNL to the Consultants

i) “Personnel” means professionals and support staff provided by the

Consultant or by any Sub-Consultant and assigned to perform the

Services or any part thereof; “Foreign Personnel” means such

professionals and support staff who at the time of being so

provided had their domicile outside the beneficiary’s country;

“Local Personnel” means such professionals and support staff who

at the time of being so provided had their domicile inside the

beneficiary’s country

j) “Proposal” means the Technical Proposal and the Financial

Proposal

k) “RFP” means the Request For Proposal to be prepared by the

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SSNNL for the selection of Consultants, based on the SRFP

l) “SRFP” means the Standard Request for Proposals, which are

used by the SSNNL as a guide for the preparation of the RFP.

m) “Services” means the work to be performed by the Consultant

pursuant to the Contract

n) “Sub-Consultant” means any person or entity with whom the

Consultant subcontracts any part of the Services

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

SSNNL and the Consultant, and expected results and deliverables

of the assignment.

Introduction 1.1 The SSNNL will select one or more consulting firm /

organization (the consultant among those who submit their

proposals in response to the Letter of Invitation, in accordance

with the method of selection specified in the Data Sheet.

1.2 The consultants are invited to submit a Technical Proposal and

a Financial Proposal, as specified in the Data Sheet for

consulting services required for the assignment named in the

Data Sheet. The proposal will be the basis for contract

negotiations and ultimately for a signed contract with the

selected firm.

1.3 Consultants should familiarize themselves with local conditions

and take them into account in preparing their Proposals. To

obtain first hand information on the assignment and local

conditions, Consultants are encouraged to visit the SSNNL

before submitting a proposal and to attend a pre-proposal

conference if one is specified in the Date Sheet. Attending the

pre-proposal conference is optional. Consultants should

contact the SSNNL officials named in the Data Sheet to

arrange for their visit or to obtain additional information on the

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pre-proposal conference. Consultants should ensure that

these officials are advised of the visit in adequate time to allow

them to make appropriate arrangements.

1.4. The SSNNL will timely provide at no cost to the Consultants the inputs

and facilities specified in the Data Sheet, assist the firm in

obtaining licenses and permits needed to carry out the

services, and make available relevant project data and reports.

1.5. Consultants shall bear all costs associated with the preparation

and submission of their proposals and contract negotiation. The

SSNNL 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

Consultants.

Conflict of

Interest

1.6. SSNNL policy requires that Consultants provide professional,

objective, and impartial advice and at all times hold the SSNNL’s

interests paramount, strictly avoid conflicts with other assignments or

their own corporate interests and act without any consideration for

future work.

1.6.1 Without limitation on the generality of the foregoing,

Consultants, and any of their affiliates, shall be

considered to have a conflict of interest and shall not be

recruited, under any of the circumstances set forth below.

a) A firm that has been engaged by the SSNNL to

provide goods, works or services other than

consulting services for a project, and any of its

affiliates, shall be disqualified from providing

consulting services related to those goods, works or

services. Conversely, a firm hired to provide

consulting services for the preparation or

implementation of a project, and any of its

affiliates, shall be disqualified from subsequently

providing goods or works or services other than

consulting services resulting from or directly

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related to the firm’s consulting services for such

preparation or implementation. For the purpose of this

paragraph, services other than consulting services

are defined as those leading to a measurable

physical output, for example surveys, exploratory

drilling, aerial photography, and satellite imagery

b) A Consultant (including its Personnel and Sub

Consultants) 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 Consultant

for the same or for another Client

c) The Consultant shall be aware of its obligations

under the Contract to

i) notify the SSNNL of any Personnel including

Sub consultant’s Personnel assigned to provide

the Services under the Contract who is a

former SSNNL staff member and to warrant that

the said former SSNNL staff member is not

subject to any work restrictions by virtue of

such former employment with the SSNNL. For

purposes of this clause, SSNNL staff members

are defined as current and retired SSNNL

employees, and individuals that have worked for

the SSNNL with at least one of the following

types of appointments: Short Term Consultant

(STC), Short Term Temporary (STT),

Extended Term Consultant (ETC), Extended Term

Temporary (ETT) or Junior Professional Associate

(JPA);

ii) use its best efforts not to assign any Personnel

(including Sub consultant’s Personnel) to the

Contract who are relatives of current SSNNL

staff, and in the event that the SSNNL or

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Consultant discovers that any Personnel is a close

relative of a current SSNNL staff member, to

promptly replace the said Personnel at no cost to

the SSNNL with an individual having equivalent

skills. For purposes of this clause, a relative is

defined as (including those related by adoption

and/or step or half relationships): Mother, Father,

Sister, Brother, Son, Daughter, Aunt, Uncle, Niece

and Nephew, and

iii) confirm, at the time of signing the Contract, that the

Consultant is not knowingly advising any “outside

party,” defined to mean an individual or firm (A)

with which the SSNNL is engaged in a formal

dispute (i.e., the outside Party is suing or has been

sued by the SSNNL), (B) who is being investigated

by the SSNNL for fraud or corruption, or is

ineligible to be awarded a SSNNL-financed

contract because of fraud or corruption, or (C)

whose complaint against a procurement decision is

under review by the SSNNL

1.6.2 Consultants have an obligation to disclose any situation

of actual or potential conflict that impacts their capacity to

serve the best interest of the SSNNL, or that may

reasonably be perceived as having this effect. Failure to

disclose said situations may lead to the disqualification of

the Consultant or the termination of its Contract

1.6.3 No agency or current employees of SSNNL shall work as

Consultants under their own departments or agencies.

Recruiting former government employees or SSNNL

retired officers to work for SSNNL is acceptable provided

no conflict of interest exists. When the

Consultant nominates any government employee as

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Personnel in their technical proposal, such Personnel must have

written certification from their government or

employer confirming that they are on leave without pay from

their official position and allowed to work full-time outside of

their previous official position. Such certification shall be

provided to the SSNNL by the Consultant as part of his

technical proposal

1.6.4 If a Consultant could derive a competitive advantage from

having provided consulting services related to the

assignment in question, the SSNNL shall make available to all

the Consultants together with this RFP all information that

would in that respect give such Consultant any competitive

advantage over competing Consultants

Fraud & Corruption

1.7 SSNNL requires that all Consultants participating in SSNNL

assignments to adhere to the highest ethical standards, both during the

selection process and throughout the execution of a contract. In

pursuance of this policy, the SSNNL

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 SSNNL official in the selection

process or in contract execution

ii) “fraudulent practice” means a

misrepresentation or 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

consultants with or without the knowledge of

the SSNNL, 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

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participation in a procurement process, or

affect the execution of a contract

b) will reject a proposal for award if it determines that

the Consultant 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 terminate the contract if it determines at any

time that representatives of the consultant were

engaged in corrupt, fraudulent, collusive or coercive

practices during the selection process or the

execution of the contract

d) will sanction a Consultant, including declaring the

Consultant ineligible, either indefinitely or for a

stated period of time, to be awarded a SSNNL

contract if at any time determines that the

Consultant has, directly of through an agent,


practices in competing for, or in executing, a

SSNNL contract; and

e) will have the right to require that, in contracts

financed by the SSNNL, a provision be included

requiring Consultants to permit the SSNNL to

inspect their accounts and records and other

documents relating to the submission of proposals

and contract performance, and have them audited

by auditors appointed by the SSNNL

1.8 No Consultant, its Sub-Consultant(s), or associate(s) shall be

under a declaration of ineligibility for corrupt and fraudulent

practices issued by the SSNNL in accordance with the above

Para. 1.7. Furthermore, the Consultants shall be aware of the

provisions on fraud and corruption stated in the specific clauses

in the General Conditions of Contract.

1.9 Consultants shall furnish information on commissions and

gratuities, if any, paid or to be paid to agents relating to this

proposal and during execution of the assignment if the

Consultant is awarded the Contract, as requested in the

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Financial Proposal submission form (Section 4)

Origin of

Consulting

Services Only

one proposal

1.10 Consultancy firms of Indian origin only are permitted to participate

in this selection process

1.11 Consultants shall only submit one proposal. If a Consultant submits

or participates in more than one proposal, such proposals shall

be disqualified.

Proposal Validity

1.12 The Data Sheet indicates how long Consultants’ Proposals must

remain valid after the submission date. During this

period, Consultants shall ensure the availability of Key Personnel

/ Professional staff nominated in the Proposal. The SSNNL will

make its best effort to complete negotiations within this period.

Should the need arise, however, the SSNNL may request

Consultants to extend the validity period of their proposals.

Consultants who agree to such extension shall confirm that

they maintain the availability of the Key Personnel /Professional

staff nominated in the Proposal, or in their confirmation

of extension of validity of the Proposal, Consultants could submit

new staff in replacement, who would be considered in the final

evaluation for contract award. Consultants who do not agree

have the right to refuse to extend the validity of their

Proposals

EMD 1.13 Consultant has to deposit Rs. 1,00,000/- (Rs. One lakh) Lump-Sum

amounts Earnest Money Deposit in form of FDR or Bank Guarantee

with a validity of at least 180 days from the last date of submission

(extended ).

Performance Security

a)

b)

c)

d)

The TPIA shall deposit a security deposit in the form of a FDR or

a Bank Guarantee in the favour of the concerned Executive

Engineer for Rs 10 (Ten) Lakh.

SD to be paid within 10 days of work order.

The validity of the SD shall be up to three months beyond the

expiry of the original or extended contract period

SD to be released within two months of closure of contract

satisfactorily, after due recovery, if any.

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Pre-proposal

conference

2.1 A Pre-proposal conference is scheduled on Dt. 12.01.2017 in the

Committee Room of Sardar Sarovar Narmada Nigam Limited, Block

No. 12, 3rd

Floor, New Sachivalaya Complex, Gandhinagar. The short

listed consultants desirous of participating in the pre-bid conference

may kindly confirm their participation to the contact officer nominated

hereinabove.

Site Visit &

Verification of

Information

2.2 Applicant Consultants are encouraged and advised to Submit their

respective Proposals after visiting the Project site and

ascertaining for themselves the site conditions, traffic, location,

surroundings, climate, access to the site, availability of drawings and

other data with the SSNNL, Applicable Laws and regulations or any

other matter considered relevant by them. All costs for such visits shall

be met with by the Consultant

Clarification

and

amendment

of RFP

documents

2.3 Consultants may request a clarification of any of the RFP

documents up to the number of days indicated in the Data Sheet before

the proposal submission date. Any request for clarification must be

sent in writing, or by standard electronic means to the SSNNL’s

address indicated in the Data Sheet. The SSNNL will respond in

writing, or by standard electronic means and will send written copies

of the response (including an explanation of the query but without

identifying the source of inquiry) to all Consultants. Should the

SSNNL deem it necessary to amend the RFP as a result of a

clarification, it shall do so after following the procedure .

2.4 At any time before the submission of Proposals, the SSNNL may

amend the RFP by issuing an addendum in writing or by standard

electronic means. The addendum shall be sent to all Consultants and will

be binding on them. Consultants shall acknowledge receipt of all

amendments. To give Consultants reasonable time in which to take an

amendment into account in their Proposals the SSNNL may, if the

amendment is substantial, extend the deadline for the submission of

Proposals

Preparation of

Proposal

3.1 The Proposal (see Para. 1.2), as well as all related correspondence

exchanged by the Consultants and the SSNNL, shall be written

22

in the language (s) specified in the Data Sheet

3.2 In preparing their Technical Proposal, consultants are expected to

examine the documents constituting this RFP in detail. Material

deficiencies in providing the information requested may result in

rejection of a proposal

3.3 While preparing the Technical Proposal, consultants must give

particular attention to the following

a) The Proposal shall be based on the number of Professional staff-

months leading to a lump sum percentage, as estimated by the

Consultants

b) Alternative professional staff shall not be proposed, and only one

curriculum vitae (CV) may be submitted for each position

c) Documents to be issued by the Consultants as part of this

assignment must be in the language(s) specified in the

Reference Paragraph 3.1 of the Data Sheet. If Reference

Paragraph 3.1 indicates two languages, the language in which the

proposal of the successful Consultant will be submitted shall govern

for the purpose of interpretation. It is desirable that the firm’s

Personnel have a working knowledge of Gujarati Language

Technical

Proposal

Format and

Content

3.4 Consultants are required to submit a Full Technical

Proposal(FTP), The Data Sheet indicates the format of the

Technical Proposal to be submitted. Submission of the wrong

type of Technical Proposal will result in the Proposal being

deemed non-responsive. The Technical Proposal shall provide

the information indicated in the following Para from (a) to (g)

using the attached Standard Forms (Section 3).

a) A brief description of the Consultants’ organization and an

outline of recent experience of the Consultants on assignments

of a similar nature is required in Form TECH-2 of Section 3. For

each assignment, the outline should indicate the names of Sub-

Consultants/ Professional staff who participated, duration

of the assignment, contract amount, and Consultant’s

involvement. Information should be provided only for those

assignments for which the Consultant was legally contracted

23

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 consulting

firms cannot be claimed as the experience of the Consultant,

or that of the Consultant’s associates, but can be claimed by

the Professional staff themselves in their CVs. Consultants

should be prepared to substantiate the claimed experience if

so requested by the SSNNL

b) comments and suggestions on the Terms of Reference

including workable suggestions that could improve the

quality/ effectiveness of the assignment; and on requirements

for counterpart staff and facilities including: administrative

support, office space, local transportation, equipment, data,

etc. to be provided by the SSNNL (Form TECH-3 of Section-

3)

c) a description of the approach, methodology and work plan for

performing the assignment covering the following subjects:

technical approach and methodology, work plan, and organization

and staffing schedule. Guidance on the content of this section of

the Technical Proposals is provided under Form TECH-4 of Section

3.

d) The list of the proposed Professional staff team by area of

expertise, the position that would be assigned to each staff team

member, and their tasks (Form TECH-5 of Section 3)

e) Estimates of the staff input needed to carry out the assignment

(Form TECH-5 of Section 3). The staff months input should be

indicated separately for home office and field activities.

f) CVs of the Professional staff been recently signed by the staff

themselves and by the authorized representative of the

Professional Staff (Form TECH-6 of Section 3)

g) The CVs shall contain an understanding from the respective

key personnel about his/her availability for the duration

specified in the RFP and /or TOR.

h) If individual Key personnel makes a false averment regarding

his qualification, experience or other particulars or his

commitments regarding availability for the project is not

fulfilled at any stage after signing of the agreement, he shall

be liable to be debarred for any future assignments of SSNNL

24

for a period of 5 years.

3.5 The Technical Proposal shall not include any financial

information. A Technical Proposal containing financial

information may be declared non responsive

Financial

Proposal

3.6 The Financial Proposal shall be uploaded on line on

ssnnl.nprocure.com. It shall list all costs associated with the assignment,

including (a) remuneration for staff (foreign and local, in the field and

at the Consultants’ home office), and (b)reimbursable expenses

indicated in the Data Sheet. If appropriate, these costs should be

broken down by activity and, if appropriate, into foreign and local

expenditures. All activities and items described in the Technical

Proposal must be priced separately; 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.

Taxes 3.7 The Consultant may be subject to local taxes (such as: value added

or sales tax, service tax, social charges or income taxes on non-

resident Foreign Personnel, duties, fees, levies) on amounts payable

by the SSNNL under the Contract. All such taxes shall be included in

the quoted rate. The SSNNL will state in the Data Sheet if the

Consultant is subject to payment of any other local taxes.

3.8 Consultants may express the price of their services in Indian

Rupees Only

3.9 SSNNL shall not allow payment of any commissions and gratuities

sunder this consultancy assignment

3.10 While submitting the Financial Proposal, the Applicant

Consultant shall ensure the following:

a) All the costs associated with the assignment shall be

included in the Financial Proposal. These shall normally cover

remuneration for all the Personnel (Expatriate and Resident, in the

field, home office etc.), accommodation, airfare equipment,

printing of documents, surveys, geo-technical investigations

etc.

The total amount indicated in the Financial Proposal shall be

25

without any condition attached or subject to any

assumption, and shall be final and binding.

In case any assumption or condition is indicated in the

Financial Proposal, it shall be considered non-responsive and

liable to be rejected

b) The Financial Proposal shall take into account all expenses and tax

liabilities. For the avoidance of doubt, it is clarified that all taxes,

except for the service tax as applicable, shall be deemed to be

included in the costs shown under different items of the Financial

Proposal.

Service Tax as applicable to the Consultancy Organization as per

Government of India rules and regulations shall be paid by the

Consultant and reimbursed by the SSNNL.

As a condition, precedent for reimbursement of the service tax, the

Consultant shall provide a valid service tax registration

number issued by the concerned Statutory Authority.

Further, all payments shall be subject to deduction of taxes at

source as per Applicable Laws.

c) Costs (including break down of costs) shall be expressed in INR

Submission,

receipt and

opening of

proposals

4.1 The Applicant shall submit the proposal in hard bound form with

all pages numbered serially and by giving an index of

submissions.

The original proposal (Technical Proposal and, if required,

Financial Proposal; see Para 1.2) shall contain no interlineations or

overwriting, except as necessary to correct errors made by the

Consultants themselves. The person who signed the proposal must initial

such corrections. Submission letters for both Technical and Financial

Proposals should respectively be in the form of TECH-1 of Section 3,

and FIN- 1.

4.2 An authorized representative of the Consultants shall initial all

26

pages of the original Technical and Financial Proposals. The

authorization shall be in the form of a written power of attorney

accompanying the Proposal or in any other form demonstrating

that the representative has been duly authorized to sign. The

signed Technical and Financial Proposal shall be marked

“ORIGINAL”

4.3 The Technical Proposal shall be marked “ORIGINAL” or “COPY”

as appropriate. The Technical Proposals shall be sent to the

addresses referred to in Para 5.2 of Section 1 and in the number

of copies indicated in the Data Sheet. All required copies of the

Technical Proposal are to be made from the original. Technical

proposal shall also be uploaded online on ssnnl.nprocure.com. If

there are discrepancies between hard copies and online

submission of the Technical Proposal, the online submission

governs.

4.4 The original and all copies of the Technical Proposal shall be

placed in a sealed envelope clearly marked “TECHNICAL

PROPOSAL followed by the SSNNL RFP number and the name

of the assignment and with a warning “DO NOT OPEN WITH

THE TECHNICAL PROPOSAL.” The envelopes containing the

Technical Proposals and Tender fees and EMD shall be placed

into an outer envelope and sealed. This outer envelope shall

bear the submission address, reference number and title of the

assignment, and be clearly marked “DO NOT OPEN, EXCEPT

IN PRESENCE OF THE OFFICIAL APPOINTED, BEFORE

12 HRS OF 01.02.2017”. The SSNNL shall not be responsible

for misplacement, losing or premature opening if the outer

envelope is not sealed and/or marked as stipulated. This

circumstance may be cause for Proposal rejection. If the Tender

fees and EMD is not submitted in a separate sealed envelope

duly marked as indicated above, this will constitute grounds for

declaring the Proposal non-responsive

4.5

The Proposals must be sent to the address/addresses indicated

in the Data Sheet and received by the SSNNL no later than the

time and the date indicated in the Data Sheet, or any extension

27

4.6

to this date in accordance with Para. 2.2. Any proposal received

by the SSNNL after the deadline for submission shall be

returned unopened. Proposal submitted by Fax, telex or e-mail

shall not be entertained.

The Proposal shall be made in the forms specified in this RFP.

Any attachment to such forms must be provided on separate

sheets of paper and only information that is directly relevant

should be provided. This may include photo copies of relevant

pages of printed documents. No separate documents like printed

annual Statements, Company broachers, copy of contracts etc.

will be entertained.

4.7

The SSNNL shall open the Technical Proposal immediately after

the deadline for their submission.

Proposal

Evaluation

5.1 From the time the Proposals are opened to the time the Contract

is awarded, the Consultants should not contact the SSNNL

on any matter related to its Technical and/or Financial

Proposal. Any effort by Consultants to influence the SSNNL in

the examination, evaluation, ranking of Proposals, and

recommendation for award of Contract may result in the rejection

of the Consultants’ Proposal. Evaluators of Technical

Proposals shall have no access to the Financial Proposals

until the technical evaluation is concluded

Evaluation of

Technical

Proposal

5.2 The evaluation committee shall evaluate the Technical Proposals

on the basis of pre-qualification criteria.

Financial

Proposals

5.3 After qualifying in the technical Proposals, the financial

proposal shall be opened online

Public

Opening and

Evaluation of

Financial

Proposals

(only for

QCBS, FBS

and LCS)

5.4

After the technical evaluation is completed the SSNNL shall prepare a

list of pre-qualified and short listed applicants for opening of their

Financial Proposals. A date, Time and Venue will be notified to all

Applicants for announcing the results of Technical evaluation and

opening of Financial Proposals. The opening of Financial proposal is

online. SSNNL will not entertain any query or clarifications from

Applicant who fail to qualify at any stage of the selection process.

5.5

Applicant Consultants are advised that Selection will be entirely at

28

5.6

the discretion of the SSNNL. Applicant Consultants will be

deemed to have understood and agreed that no explanation or

justification on any aspect of the Selection Process or Selection

will be given.

Any information contained in the Proposal shall not in any way be

construed as binding on the SSNNL, its agents, successors or

assigns, but shall be binding against the Applicant Consultant if

the Consultancy is subsequently awarded to it.

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 formers will prevail. In addition to the

above corrections, as indicated under Para. 3.6, 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.

Negotiations 6.1 Negotiations will be held at the date and address indicated in the

Data Sheet. The invited Consultant 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 SSNNL proceeding to negotiate with the next-ranked Consultant.

Representatives conducting negotiations on behalf of the Consultant

must have written authority to negotiate and conclude a Contract

Technical

Negotiations

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

Consultant to improve the Terms of Reference. The SSNNL and the

Consultants 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 SSNNL to ensure satisfactory implementation

of the assignment. The SSNNL shall prepare minutes of

negotiations which will be signed by the SSNNL and the

Consultant

Financial

Negotiations

6.3 If applicable, it is the responsibility of the Consultant, before starting

financial negotiations, to contact the local tax authorities to determine

29

the local tax amount to be paid by the Consultant under the Contract.

The financial negotiations will include a clarification(if any) of the

firm’s tax liability in the beneficiary’s country, and the manner in

which it will be reflected in the Contract; and will reflect the agreed

technical modifications in the cost of the services.

Availability of

professional

staff / experts

6.4 Having selected the Consultant on the basis of, among other

things, an evaluation of proposed Professional staff, the SSNNL

expects to negotiate a Contract on the basis of the Professional staff

named in the Proposal. Before contract negotiations, the SSNNL will

require assurances that the Professional staff will be actually available

The SSNNL will not normally consider any request of the Selected

Applicant Consultant for substitution of Key Personnel. Substitutions will,

however, be permitted if the Key Personnel is not available for reasons of

any incapacity or due to health, subject to equally or better qualified and

experienced personnel being provided to the satisfaction of the SSNNL.

The SSNNL expects all the Key Personnel to be available during

implementation of the Agreement.

Conclusion of

the

negotiations

6.5 Negotiations will conclude with a review of the draft Contract. To

complete negotiations the SSNNL and the Consultant will initial the

agreed Contract. If negotiations fail, the SSNNL will invite the Consultant

whose Proposal received the second highest score to negotiate a

contract.

Award of

Contract

7.1 After completing negotiations the SSNNL shall award the

Contract to the selected Consultant, and promptly notify all

Consultants who have submitted proposals.

7.2 The Consultant is expected to commence the assignment within

one week after issue of Work order. However, the Consultant

can only commence work once the contract has been signed.

Confidentiality

Clarifications

8

9.1.

Information relating to evaluation of Proposals

and recommendations concerning awards shall not be disclosed

to the Consultants who submitted the Proposals or to other

persons not officially concerned with the process, until the

winning firm has been notified

To facilitate evaluation of proposal, SSNNL may at its sole

discretion seek clarifications from any Applicant regarding its

proposal. Such clarification(s) shall be provided within the time

30

9.2

10

specified by SSNNL for this purpose. Any request for

clarification(s) and all clarification(s) in response thereto shall be

in writing.

If an Applicant does not provide clarification(s) sought under

above mentioned clause within the specified time, its proposal

shall be liable to be rejected. In case the proposal is not rejected,

SSNNL may proceed to evaluate the proposal by construing the

particulars requiring clarification to the best of its understanding

and the applicant shall be barred from subsequently questioning

such interpretation of SSNNL.

The SSNNL reserves the right to reject any proposal that does

not address all the requirements of the RFP. In addition the

SSNNL reserves the right to accept or reject any proposal

submitted by the Consultants, and to cancel the RFP process and

reject all proposal submissions at any time, without thereby

incurring any liability to the affected Consultant or any obligation

to inform the affected Consultant the grounds for SSNNL.

31

DATA SHEET

Clause / Reference

1.1 The method of selection is: Least cost selection (LCS).

1.2 Financial Proposal to be submitted together with Technical Proposal: No

1.2.1 The Technical and Financial proposal shall be uploaded online on

ssnnl.nprocure.com. The Technical proposal along with Tender Fees and EMD

shall be submitted physical also.

1.2.2 Name of the assignment is: Providing Third Party Inspection Agencies at the

Percentage Rate Contracts for services of Supervision for underground pipe line

(UGPL)Sub-minor work in the SSP command area

1.3 The name of the SSNNL’s official (s):


Sardar Sarovar Narmada Nigam Limited

Block No. 12, 6th Floor,


Gandhinagar – 382 010

Phone No. : 079 – 23252734 Fax : 079 – 23252394

E-mail :[email protected], [email protected]

1.4 The SSNNL will provide the following inputs and facilities:

Certified copies of item rate contracts along with the technical bid, price bid,

general conditions of contract, conditions of particular application, work

specifications, terms of payment and all other relevant data relating to the

Unit Rate contracts awarded by SSNNL to the Implementing Agencies for the

applicable work.

Detailed project reports of the sub projects covered under the project.

Detailed engineering designs, drawings, calculations and reports presented

by the construction contractor as a part of his contractual scope of work to the

engineer-in-charge for scrutiny and further recommendations for approval.

1.5 The Client envisages the need for continuity for downstream work: Yes

1.6 Proposals must remain valid for 120 days after the submission

2.1 Clarifications may be requested not later than 10 days before the pre bid meeting

date. The address for requesting clarifications

mailto:[email protected]


32






Phone No. : 079 – 23252734 Fax : 079 – 23252394


Proposals shall be submitted in English language:

2.2 RFP Document Fee: Rs. 10,000/- in the form of Demand Draft in the name of

“Sardar Sarovar Narmada Nigam Limited”, Gandhinagar

2.3 Consultants may associate with other Consultants: No Joint Venture Association

permitted

2.4 The format of the Technical Proposal to be submitted is: FTP

2.5 List the applicable Reimbursable expenses in foreign and in local currency. A

sample list is provided below for guidance: items that are not applicable should

be deleted, others may be added]

(1) a per diem allowance in respect of Personnel of the Consultant for every day

in which the Personnel shall be absent from the home office and, as

applicable, outside the beneficiary country for purposes of the Services;

(2) cost of necessary travel, including transportation of the Personnel by the

most appropriate means of transport and the most direct practicable route;

(3) cost of office accommodation, investigations and surveys;

(4) cost of applicable international or local communications such as the use of

telephone and facsimile required for the purpose of the Services;

(5) cost, rental and freight of any instruments or equipment required to be

provided by the Consultants for the purposes of the Services;

(6) cost of printing and dispatching of the reports to be produced for the

Services;

(7) other allowances where applicable and provisional or fixed sums (if any);

and

(8) Cost of such further items required for purposes of the Services not

covered in the foregoing.

2.6 Amounts payable by the SSNNL to the Consultant under the contract to be

subject to local taxation:

2.7 Consultants to state their cost in Indian national currency only



33

3.1 Consultant must submit the original and one copy of the Technical Proposal.

4.1 The Proposal submission address is:






Phone No. : 079 – 23252745 Fax : 079 – 23252394


5.1 Proposals must be submitted on Dt. 30.01.2017 at 18.00 hrs. Online and on

31.01.2017 from 11 to 18.00 hrs. Physically. The technical proposal will be

opened on Dt. 01.02.2017 online.

6.0 Eligibility & Qualification Criteria

6.1 Earnest Money Deposit (EMD): Consultant has to furnish, as part of its

proposal, Earnest Money Deposit amounting to Rs. 1,00,000/- (i.e. Rupees

One Lakh only) Lump Sum. The Earnest Money Deposit (EMD) shall be

given in favour of SSNNL, Gandhinagar for the valid period of not less than

180 (One hundred eighty) days from the last date of submission (Extended)

and shall be in any one of the following form:

(a) Bank Guarantee issued by any scheduled bank listed with the Reserve

Bank of India including co-operative banks and approved by the Finance

Department in the Government of Gujarat/SSNNL in the form prescribed

in Annexure-IV operable at its Branch in Gujarat only.(As per SSNNL

Circular. Attached herewith)

(b) A Fixed Deposit Receipt (FDR) issued by a scheduled bank (Located in

Gujarat) pledged in the name of the SSNNL, Gandhinagar

Notes:

1. Cheques /Demand Drafts shall not be accepted.

2. Proposal without submission of EMD shall be rejected and treated as

non-responsive.

3. EMD shall be forfeited if, (a) if they fail to furnish security of

performance, (b) if the consultant fails to sign the agreement within ten

days from the award, and (c) if the consultant withdraws or modifies his

proposal before the expiry of the validity (180 days) of offer.



34

6.2 Applicant Consultants must read carefully the minimum conditions of eligibility

(the “Conditions of Eligibility”) provided herein. Proposals of only those

Applicant Consultants who satisfy the Conditions of Eligibility will be considered

for evaluation.

6.3 Organizational, Technical and Financial capacity requirement:

To be eligible for evaluation of its Proposal, the Applicant Consultant shall fulfil

the following minimum requirements:

(A) Organization: The Consultant’s Organization should have a

minimum experience of 5 years as on 31st March, 2016 in the field of

Engineering and Project Management Consultancy.

(B) Technical Capacity: The Applicant Consultant shall have, over the past 5

(Five) years preceding 31st

March 2016, completed minimum eligible TPI

Assignments for a project valuing more than Rs. 50 Crores. Eligible

assignment shall include UGPL irrigation canal, lift irrigation projects,

Road and Buildings works, dams, weirs, barrages, lined or unlined canals,

canal structures works and water supply and sewage projects.

The applicant Consultant shall submit client certificate in support of such

completed assignment.

Provided that the Applicant Consultant firm claiming credit for an Eligible

Assignment shall have, prior to Probable Due Date (PDD), fully completed

and received professional fees for such assignment, and where credit is

being claimed by a Key Personnel, she/he should have completed the

relevant assignment prior to PDD.

Provided further that if the Applicant Consultant firm is taking credit for an

Eligible Assignment which was undertaken for a Govt of India/ State

Govt/Public sector Organization(Boards ,Corporations of Govt.), such

assignment shall have been completed prior to PDD and the Applicant

Consultant shall have received professional fees. Projects undertaken on

behalf of Contractor shall not be considered.

(C) Financial Capacity: The Consultant should have a minimum financial

turnover of Rs.1 (One) Crore as any of the last three years preceding 31st

March, 2016.

(D) Availability of Key Personnel: The Applicant shall offer and make

available all Key Personnel meeting the requirements specified in -clause

5 of Section-5.

6.4 Certificates in support of Consultant’s capabilities:

The Applicant Consultant shall enclose with its Proposal, certificate(s) from its

35

Statutory Auditors stating its financial turn over during each of the past five

financial years preceding 31st March, 2016.

In the event that the Applicant Consultant does not have a statutory

auditor, it shall provide the requisite certificate(s) from the firm of

Chartered Accountants that ordinarily audits the annual accounts of the

Applicant Consultant.

The Applicant Consultant shall also produce authentic and valid certificates

from the clients, establishing their experience in similar projects. The SSNNL

may, at its own discretion, verify the veracity and validity of the certificates

produced by the Applicant Consultant. The Applicant Consultant shall also

produce authentic and valid certificates from the clients, establishing their

experience in similar projects. Only those similar projects whose valid

completion certificate clearly stated date of start, date of completion, Cost of

the project, etc. attached with RFP are considered for technical evaluation,

However if any documents from clients establishing about the information

required which is true it shall be considered.

If it is established that the Consultant has produced certificates which are

not correct and valid and the Consultant has misled the SSNNL, SSNNL

at its discretion reject the proposal submitted by the Consultant and also

debar the consultant from participating in the bidding processes taken up

by the SSNNL for appointing a consultant, for a period of three (3) years.

6.5 Power of Attorney:

The Applicant Consultant should submit a Power of Attorney, duly granted by the

Competent Authority of the Consultants’ Organization. In case of a limited

company registered under the Company’s Act, the Power of Attorney should be

from the Managing Director of the Company under authority of the Board of

Directors.

In case of a Partnership firm, the Power of Attorney shall be from the firm or its

duly appointed Competent Authority.

The Power of Attorney shall be as per the format at Proforma 4 of Appendix-I;

provided, however, that such Power of Attorney would not be required if the

Application is signed by a partner of the Applicant Consultant, in case the

Applicant Consultant is a partnership firm or limited liability partnership.

6.6 Information relating to barring of business by Governmental Organizations:

36

Any Consultant who has been debarred by the Central Government, any of the

State Governments, a statutory authority or a public sector undertaking, SSNNL

or any other Gujarat State Undertaking from participating in any project, and such

bar subsists as on the date of Proposal, would not be eligible to submit a

Proposal either by itself or through its Associate. If any such proposal from

debarred Consultant is received, the same shall be out right rejected without

further evaluation.

6.6.1 Past Performance:

An Applicant Consultant or its Associate, who during the last three years, either

failed to perform its obligations under any Consultancy Agreement as evidenced

by imposition of a penalty by an arbitral or judicial authority, statutory / public

sector organization, Government of India, State Governments, or a judicial

pronouncement or arbitration award against the Applicant or its Associates or

been expelled from any project or agreement on have had agreement terminated

for breach by such applicant or its Associates etc., shall be treated as non-

responsive and its technical and financial proposals shall be outright rejected by

the SSNNL, at its sole discretion.

The Consultant while making a proposal to SSNNL shall provide all such

information relating to the imposition of penalties, non-performance of contract,

debarring by any Government or Statutory Organization along with its technical

proposal.

SSNNL at its own discretion may collect and verify such information of its own. If

SSNNL finds that the Consultant has not provided such information and has tried

to mislead SSNNL, it may reject the Consultant’s proposal as non-responsive.

6.7 While submitting a Proposal, the Applicant Consultant should attach clearly

marked and referenced continuation sheets in the event that the space provided

in the specified forms in the Appendices is insufficient. Alternatively, Applicant

Consultants may format the specified forms making due provision for

incorporation of the requested information.

6.8 Similar Assignments

For the purposes of determining Conditions of Eligibility and for evaluating the

Proposals under this RFP, advisory/ consultancy assignments in respect of

providing Third Party Inspection Services as detailed in the terms of reference

and the scope of work, following projects shall be deemed as eligible

assignments (the “Similar Assignments”):

For Third Party Inspection Agency

37

Third Party Inspection services (but not limited only to preparation of feasibility

reports) for UGPL irrigation Canals, lift irrigation projects, Road and Buildings

works, dams, weirs, barrages, lined or unlined canals, canal structures works and

water supply and sewage projects at least Rs. 50 (Fifty) Crore in India.

Provided that the Applicant Consultant firm claiming credit for an Similar

Assignment shall have, prior to PDD, fully completed and received professional

fees for such assignment.

Provided further that if the Applicant Consultant firm is taking credit for an similar

Assignment which was undertaken for a Govt. Of India/ State Govt./Public sector

Organization (Boards, Corporations of Govt.), such assignment shall have been

completed prior to PDD and the Applicant Consultant shall have received

professional fees. Projects undertaken on behalf of Contractor shall not be

considered.

6.9 Evaluation of Financial Proposal

1. In the second stage, the financial evaluation will be carried out as per this

Clause.

2. For financial evaluation, the percentage indicated in the Financial

Proposal Form Fin-2 only shall be considered.

3. The SSNNL will determine whether the Financial Proposals are complete,

and unconditional. The cost indicated in the Financial Proposal shall be

deemed as final and reflecting the total cost of services. Omissions, if any,

in costing any item shall not entitle the firm to be compensated and the

liability to fulfil its obligations as per the TOR within the quoted percentage

shall be that of the Consultant.

7.0 Performance Security:

Consultant has to provide performance security as per following:

a)

b)

The TPIA shall deposit a security deposit in the form of a FDR or a Bank

Guarantee in the favour of the concerned Executive Engineer for Rs 10 (Ten)

Lakh.

SD to be paid within 10 days of work order.

38

c)

d)

The validity of the SD shall be up to three months beyond the expiry of the

original or extended contract period

SD to be released within two months of closure of contract satisfactorily, after

due recovery, if any.

Note:

a) Within Ten (10) days after the receipt of the notification of Award from the

EMPLOYER, the successful consultant/consultants shall furnish the Performance

Security Deposit, in accordance with the Conditions of Contract, in the form

provided in the Proposal Documents.

b) The form for Performance Security is given at Annexure-II-A, and at Annexure-II-

B

39

SECTION 3

TECHNICAL PROPOSAL

Refer to Reference Paragraph 3.4 of the Data Sheet for format of Technical Proposal to

be submitted, and paragraph 3.4 of Section 2 of the RFP for Standard Forms required

and number of pages recommended.

Form TECH-1. Technical Proposal Submission Form

Form TECH-2. Consultant’s Organization and Experience.

A–Consultant’s Organization

B–Consultant’s Experience

Form TECH-3. Comments and Suggestions on the Terms of Reference and on

Counterpart Staff and Facilities to be provided by the SSNNL.

A –On the Terms of Reference

B – On Counterpart Staff and Facilities

Form TECH-4. Description of Approach, Methodology and Work Plan for

Performing the Assignment

Form TECH-5. Team Composition and Task Assignments

Form TECH-6. Curriculum Vitae (CV) for Proposed Professional Staff

Form TECH-7. ABSTRACT OF SIMILAR ASSIGNMENTS OF KEY APPLICANT

40

FORM TECH – 1

TECHNICAL PROPOSAL SUBMISSION FORM

(On Applicants Letter head)

[Location, Date, Reference]

To:

Chief Engineer (CPC), Sardar Sarovar Narmada Nigam Limited Block No. 12, 6

th Floor,

New Sachivalaya, Gandhinagar – 382 010

Sub: Selection of Providing Third Party Inspection Agencies for at the Percentage

Rate Contracts for services of supervision for underground pipe line

(UGPL)Sub-minor work in the SSP command area

Dear Sir,

With reference to your Notice Inviting Proposals and the Request for Proposal

dated….........I/we, having examined all relevant documents and understood their

contents, hereby submit our Technical and Financial Proposal for selection as

Consultant for providing to the Sardar Sarovar Narmada Nigam Limited (SSNNL)

for its Rate Contracts for services of supervision for underground pipe line

(UGPL) Sub-minor work in the SSP command area

We also state that the proposal is unconditional and complete.

2. All information provided in the Proposal and in the Appendices are true and correct

and all documents accompanying such Proposal are true copies of their respective

original.

3. This statement is made for the express purpose of appointment as the Consultant

for the aforesaid Assignment.

4. I/We shall make available to the SSNNL any additional information it may deem

necessary or require for supplementing or authenticating the Proposal.

5. I/We acknowledge the right of the SSNNL to reject our application without

41

assigning any reason or otherwise and hereby waive our right to challenge the

same on any account whatsoever.

6. I/We certify that in the last three years, we or any of our Associates have neither

failed to perform on any contract, as evidenced by imposition of a penalty by an

arbitral or judicial authority or a judicial pronouncement or arbitration award against

the Applicant consultant or its Associates not been expelled from any project or

contract by any Public Organisation, SSNNL nor have had any contract terminated

by any Public Organisation, SSNNL for breach on our part.

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Documents,

including any Addendum issued by the SSNNL.

(b) I/We do not have any conflict of interest in accordance with the prescriptions in

the RFP Document;

(c) I/We have not directly or indirectly or through an agent engaged or indulged in

any corrupt practice, fraudulent practice, coercive practice, undesirable practice

or restrictive practice, as defined in RFP document, in respect of any tender or

request for proposal issued by or any agreement entered into with the SSNNL

or any other public sector enterprise or any government, Central or State; and

(d) I/We hereby certify that we have taken steps to ensure that in conformity with

the provisions of the RFP, no person acting for us or on our behalf will engage

in any corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice.

8. I/We understand that you may cancel the Selection Process at any time and that

you are neither bound to accept any Proposal that you may receive nor to select

the Consultant, without incurring any liability to the Applicant consultants in

accordance with the RFP document.

9. I/We declare that we are not a Member of any Consortium applying for Selection

as a Consultant.

10. I/We certify that in regard to matters other than security and integrity of the country,

we or any of our Associates have not been convicted by a Court of Law or indicted

or adverse orders passed by a regulatory SSNNL which would cast a doubt on our

ability to undertake the Consultancy for the Project or which relates to a grave

offence that outrages the moral sense of the community.

42

11. I/We further certify that in regard to matters relating to security and integrity of the

country, we have not been charge-sheeted by any agency of the Government or

convicted by a Court of Law for any offence committed by us or by any of our

Associates.

12. I/We further certify that no investigation by a regulatory authority is pending either

against us or against our Associates or against our CEO or any of our

Directors/Managers/ employees.

13. I/We hereby irrevocably waive any right or remedy which we may have at any

stage at law or howsoever otherwise arising to challenge or question any decision

taken by the SSNNL [and/ or the Government of India] in connection with the

selection of Consultant or in connection with the Selection Process itself in respect

of the above mentioned Project.

14. I/We agree and understand that the proposal is subject to the provisions of the

RFP document. In no case, shall I/we have any claim or right of whatsoever nature

if the Consultancy for the Project is not awarded to me/us or our proposal is not

opened or rejected.

15. I/We agree to keep this offer valid for 180 (One eighty Days) days from the

Proposal Due Date specified in the RFP.

16. A Power of Attorney in favour of the authorized signatory to sign and submit this

Proposal and documents is attached herewith.

17. In the event of my/our firm/ being selected as the Consultant, I/we agree to enter

into an Agreement in accordance with the form at Schedule-2 of the RFP. We

agree not to seek any changes in the aforesaid form and agree to abide by the

same.

18. I/We have studied RFP and all other documents carefully and also surveyed the

Project site. We understand that except to the extent as expressly set forth in the

Agreement, we shall have no claim, right or title arising out of any documents or

information provided to us by the SSNNL or in respect of any matter arising out of

43

or concerning or relating to the Selection Process including the award of

Consultancy.

19. The Financial Proposal is being submitted in a separate cover. This Technical

Proposal read with the Financial Proposal shall constitute the Application which

shall be binding on us.

20. I/We agree and undertake to abide by all the terms and conditions of the RFP

Document. In witness thereof, I/we submit this Proposal under and in accordance

with the terms of the RFP Document.

Yours sincerely,

Authorized Signature [In full and initials]

Name and Title of Signatory:

Name of Firm:

Address:

Seal of the Applicant

44

FORM TECH – 2

CONSULTANT’S ORGANIZATION AND EXPERIENCE

A – Consultant’s Organization

1.1 Title of Consultancy:

Providing Third Party Inspection Agencies at the Percentage Rate Contracts for

services of supervision for underground pipe line (UGPL) Sub-minor work in the

SSP command area

1.2 State the Status of the Consultancy Organization namely Public Limited

Company / Private Limited Company / Partnership Firm / Proprietary Firm, etc.

1.3 State the following:

Name of Company or Firm:

Legal status (e.g. incorporated private company, unincorporated business,

partnership etc.):

Country of incorporation:

Registered Address:

Year of Incorporation:

Year of commencement of business:

Principal place of business:

Brief description of the Company including details of its main lines of business.

1.4 Name, designation, address and phone numbers of authorized signatory of the

Applicant:

Name :

Designation :

Company :

Address :

Phone No. :

Fax No :

E-Mail Address:

1.5 Does the Applicant’s firm/company (or any member of the

consortium) combine functions as a consultant or adviser along

with the functions as a contractor and/or a manufacturer?

Yes / No

If yes, does the Applicant agree to limit the Applicant’s role Yes / No

45

only to that of a consultant/ adviser to the Authority and to

disqualify themselves, their Associates/ affiliates, subsidiaries

and/or parent organization subsequently from work on this

Project in any other capacity?

1.6 Does the Applicant intend to borrow or hire temporarily,

personnel from contractors, manufacturers or suppliers for

performance of the Consulting Services?

Yes / No

If yes, does the Applicant agree that it will only be

acceptable as Consultant, if those contractors, manufacturers and

suppliers disqualify themselves from subsequent execution of

work on this project (including tendering relating to any goods

or services for any other part of the Project) other than that of

the Consultant?

Yes / No

If yes, have any undertakings been obtained (and annexed) from

such contractors, manufacturers, etc. that they agree to disqualify

themselves from subsequent execution of work on this Project

and they agree to limit their role to that of consultant/ adviser

for the Authority only?

Yes / No

46

FORM TECH – 2


B – Financial Capacity of the Applicant

Sr. No. Financial Year Annual Turn Over Revenue from

Consultancy Fees

1. 2013-2014

2. 2014-2015

3. 2015- 2016

Certificate from the Statutory Auditors *

This is to certify that _____ (name of the Applicant) has

received the payments shown above against the

respective years on account of professional fees.

Name of the audit firm:

Seal of the audit firm:

Date:

(Signature, name and designation of the authorized

signatory)

*Note:

In case the Applicant does not have a statutory auditor, it shall provide the

certificate from its charted account regarding ordinarily audit of the annual

accounts of the Applicants.

Please do not attach any printed Annual financial Statements.

47

FORM TECH – 2


C – Statement of Legal Capacity

[To be forwarded on the letter head of the Applicant]

Ref No.:

Date .:

To:

Chief Engineer (CPC), Sardar Sarovar Narmada Nigam Limited Block No. 12, 6

th Floor,

New Sachivalaya, Gandhinagar – 382 010

Sub :-Selection of Providing Third Party Inspection Agencies for its Percentage Rate

Contracts for Services Of supervision for underground pipe line (UGPL)Sub-minor work

in the SSP command area

Dear Sir, I/We hereby confirm that we, the Applicant satisfy the terms and conditions laid down in

the RFP document.

I/We hereby declare that M/s.……………….. (Insert Applicant’s name) will act as a

Consultant by ourselves and we will not associate with any other Consultant or Sub

Consultant for the purpose of the subject assignment.

I/We have agreed that ……………….. (Insert individual’s name) will act as our

Authorized Representative on our behalf and has been duly authorized to submit our

Proposal. Further, the authorized signatory is vested with requisite powers to furnish

such proposal and all other documents, information or communication and authenticate

the same.

Yours faithfully,

(Signature, name and designation of the authorized signatory)

For and on behalf of

48

FORM TECH – 2


D –Abstracts of Similar Assignments of the Applicant Consultants:

Sr.

No.

Name

of

Project

Name of

Client with

address

and

contact

numbers

Date of

Award of

assignment

Date of

completion

of

assignment

Estimated

capital

cost of

Project

Rs in Cr.

# Professional

fees received

by the

Applicant (Rs.

In Crore)

Period

during

which

services

are

provided

1 2 3 4 5 6 7 8

1

2

3

4

# The Applicant should only provide details as per Para 6.3 (B) the projects that have been completed by it under its own name.

Certificate from the Statutory Auditor

This is to certify that the information contained in Column 7 above is correct as per the accounts of the Applicant and / or the clients.

Name of the audit firm : Seal of the audit firm : Date : Signature, name and designation of the authorized signatory)

In case the Applicant does not have a statutory auditor, it shall provide the certificate from its chartered accountant that ordinarily audits the annual accounts of the Applicant.

49

Note: The Applicant may attach separate sheets to provide brief particulars of other relevant experience of

the Applicant.

50

FORM TECH – 4

DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT

[Technical approach, methodology and work plan are key components of the Technical

Proposal. You are suggested to present your Technical Proposal (50 pages, inclusive of

charts and diagrams) divided into the following three chapters:

a) Technical Approach and Methodology,

b) Work Plan, and

c) Organization and Staffing

a) Technical Approach and Methodology. In this chapter you should explain your

understanding of the objectives of the assignment, approach to the services,

methodology for carrying out the activities and obtaining the expected output,

and the degree of detail of such output. You should highlight the problems being

addressed and their importance, and explain the technical approach you would

adopt to address them. You should also explain the methodologies you propose

to adopt and highlight the compatibility of those methodologies with the proposed

approach.

(Not more than 2 pages)

b) Work Plan. In this chapter you should propose the main activities of the

assignment, their content and duration, phasing and interrelations, milestones

(including interim approvals by the Client), and delivery dates of the reports. The

proposed work plan should be consistent with the technical approach and

methodology, showing understanding of the TOR and ability to translate them

into a feasible working plan. A list of the final documents, including reports,

drawings, and tables to be delivered as final output, should be included here. The

work plan should be consistent with the Work Schedule of Form TECH-8

. (Not more than 3 pages)

c) Organization and Staffing. In this chapter you should propose the structure and

composition of your team. You should list the main disciplines of the assignment,

the key expert responsible, and proposed technical and support staff.]

Note: Marks will be deducted for writing lengthy and out of context responses.

51

FORM TECH – 5

TEAM COMPOSITION & TASK ASSIGNMENTS

Sr

No

Designation

of Personnel

Name Educational

Qualification

Length of

Professional

Experience

Present

Employment

Name of Firm/

Employed since

52

FORM TECH – 6

CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

(Note: - CV in above format shall be mandatory).

Proposed deployed personnel

Sr

No

Proposed Position

1 Name of Staff Member

2 Date of Birth/ Age (DD/MM/YYYY) / Years...................

3 Education Qualification (Mention specific diploma/degree/any others

qualification

4 Passing Year ( Mention year of passing for each qualification

separately

5 Institute/University (Mention the name of college/institute along with

university)

6 Nationality

7 Regular / Permanent

employment with the

present employer

(Mention Duration from…..…to ……….)

1. Employment Record:- Project Related Experience[Starting with present position,

list in reverse order every employment held by staff member since graduation,

giving for each employment (see format here below):

Sr

No

Project Details

Tasks

actually

Performed

Duration of

tasks

Position

Held

Remarks

Name of

Project

Cost

of

Project

Client From Upto

53

Total Experience: ……………. Years.

2. LANGUAGE

(Indicate proficiency in speaking, reading and writing of English & Hindi language

by "Excellent",

3. CERTIFICATION

I, the undersigned, certify that to the best of my knowledge and belief this CV

correctly describes myself, my qualifications and my experience.

Date :

Place :

4. Certification:

1. I am willing to work on the project and I will be available for the entire duration

of the Project assignment as required.

2. I, the undersigned, certify that to the best of my knowledge and belief, this CV

correctly describes me, my qualifications, and my experience. I understand

that any wilful misstatement described herein may lead to my disqualification

or dismissal, if engaged.

Signature of Personnel

Signature of Authorized Officer of the Firm

Date:

Full name of authorized representative

Note: Use Separate Sheets for each Key Personnel

54

FORM 7

ABSTRACT OF SIMILAR ASSIGNMENTS OF APPLICANT

Name of Applicant:

Name of the Project:

Description of services performed

Name of client and

Address:(Indicate whether public

or private entity)

Name, telephone no. and fax no.

of client’s representative:

Estimated capital cost of Project (in Rs.

crore or US$ million):

Payment received by the

Applicant (in Rs. crore):

Start date and finish date of the

services (month/ year):

Brief description of the Project:

Notes: 1. Use separate sheet for each similar Assignments. 2. Exchange rate should be taken as Rs. [65] per US $ for conversion to Rupees.

55

SECTION 4

FINANCIAL PROPOSAL

Financial proposal shall be uploaded on ssnnl.nprocure.com. The proposal shall be in

percentage of the cost of the work/construction.

Form FIN – 1 : Financial Submission Form

Form FIN – 2 : Percentage of cost of work

Instructions to the Eligible Third Party Inspection Agencies prior to

submission of the Financial Proposal for Percentage Rate Bid:

Financial Proposal shall be read in conjunction with the TOR (Scope of Services) and

RFP, Clarifications, set forth applicable to the respective work.

Financial Proposal set forth online for respective works shall be on percentage basis of

the cost of the construction.

The lump sum prices and other rates of the TPI Bidder set forth herein shall be inclusive

of all costs, risk and expense, head office and site office overheads, profit and/or fee

related to the satisfactory performance and completion of the work and all taxes and

duties (excluding service tax)

The quoted price of the bidder shall include, but not limited to the following:

1. Wages / Salaries, benefits, payroll, incentives, all the allowances, bonus, medical

expenses, overtime, charges for working on holidays and all other costs or

expenses of any type or kind whatsoever which directly or indirectly relate to

accomplishing the work and complying in full with the provisions of the

construction contract of the respective Slices and which are not otherwise set

forth or referred to in the contract as a reimbursable expenses under Form FIN.2

of Financial Proposal.

2. Head Office and Site Office / Project Office overhead costs and profit shall not be

reimbursed as an extra / additional to the Consultant. It is deemed to be included

in the lump sum price under set forth under Financial Proposal.

56

3. All the costs and expenses towards third party equipment rental, communication

equipment, communications charges, general administrative costs of the TPI’s

operation (including travel, lodging, boarding, transport facility, camp sites,

offices).

4. Usage of all existing and / or new office and electricity charges.

5. Usage of all existing and/ or new computers, hardware, required office

administration, management, engineering and application software, statistics and

CAD software, planning, scheduling and monitoring and control software etc.

6. All printing, black & white / colour plotting, reproduction, internal and long-

distance communications and courier costs.

7. Fees paid to any other agency, company, organization, consultant / specialists,

techno-legal experts, technology experts, etc. for use of the TPI.

8. Any additional efforts due to re-engineering / re-routing, changes in the technical

specifications, revision in drawings or execution methodology etc., if required and

decided by the SSNNL for the respective works.

9. All the costs and expenses towards third party equipment rental, communication

equipment, communications charges, general administrative costs of the TPI’s

operation (including travel, lodging, boarding, transport facility, camp sites,

offices).

10. All the insurance requirements.

11. All downtime due to weather, communication and mechanical breakdown shall

be to the TPI’s account and is deemed to be included in the lump sum prices

quoted as percentage under Form FIN.2.

12. Income Tax and any other taxes payable in the TPI’s country or payable in

India (except Service Tax).

TPI BIDDERS TO NOTE

1. SSNNL shall not entertain any financial claim or request for compensation

towards increase in time limit of the contract. Consultant will be paid as per the

percentage of the work executed as quoted in the financial proposal.

57

2. The TPI shall not be allowed to share and use any or all the resources for which

he has been awarded the respective works for another / adjoining works also

awarded to him. TPI shall inform the EIC in writing about all the resources (man,

material, equipment, systems, infrastructure, and vehicles etc.) deployed in

accordance with the agreed Contract Agreement regularly.

3. The percentage rate shall include all the costs to be incurred during the

construction period and as per TOR (that is up to finalization of the Final Bill).

The Price to be incurred during the finalization of the Final Bill shall be deemed to

be included in the percentage rate quoted by the TPI.

4. During negotiation, SSNNL shall reserve an express right to ask the TPI to justify

the reasonableness of the percentage rate quoted for all the items.

5. SSNNL may reject the unreasonable and unbalanced Financial Proposal if

justification made by the TPI Bidder shall not be acceptable to the SSNNL.

6. The Consultants are advised to refer the Detailed Tender Documents of

Percentage Rate Contracts of Construction Contract. This will be available either

on the web site www.ssnnl.nprocure.com or contact respective Chief Engineer

/Chief Engineer (CPC) before filling the Tender.

7. The consultant can bid for all the packages (i.e. package 1 to 4), However, a

separate technical and financial proposal for each intended packages shall have

to be submitted. There shall be a separate and distinctive team of key personnel

for every packages. During evaluation if any key personnel are found to be

common among the team key personnel proposed for different packages, all the

proposals so submitted by the applicant shall be considered as non responsive

and are likely to be rejected out rightly. However, in all probability no consultant

shall be awarded the consultancy assignment for more than two packages.

http://www.ssnnl.nprocure.com/

58

FORM FIN – 1

FINANCIAL PROPOSAL SUBMISSION FORM

Location, Date]

To:

Chief Engineer (CPC) Sardar Sarovar Narmada Nigam Ltd. Block No.12, 4

th Floor,

New Sachivalaya Complex, Gandhinagar 382010. Phone No. 079-23252734 Fax: 079-23252394 E-mail :[email protected]

Dear Sir,

I / We, the undersigned, herewith enclose the financial proposal for selection of through a least

cost selection process for the Providing Third Party Inspection Services for Providing Third Party

Inspection Agencies at the Percentage Rate Contracts for Services Of supervision for underground

pipe line (UGPL)Sub-minor work in the SSP command area with your Request for Proposal dated

________.

I / We have quoted separate prices for works and do hereby understand and agree that SSNNL

shall at its sole discretion award one or more works to me / us on evaluation of our strengths.

Our Financial Proposal shall be binding upon us subject to the modifications resulting from

Contract negotiations, up to expiration of the validity period of the Proposal, i.e. before the

date indicated in Paragraph Reference 1.6 of the Data Sheet.

We understand you are not bound to accept any Proposal you receive

Yours sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory

Name of Firm :

Address :

Note :The financial proposal is to be submitted strictly as per forms given in RFP.

59

FINANCIAL PROPOSAL

(To be uploaded online only)

FORM FIN – 2 TOTAL LUMP SUM COST

Package-1/ Package-2 / Package-3/ Package-4 Name of the TPI Bidder :

Name of the work: Providing Third Party Inspection Agencies at the Percentage

Rate Contracts for services of supervision for underground pipe

line(UGPL)Sub-minor work in the SSP command area

.

Sr. No. Description of the Item Lump Sum Price in

percentage of

construction work

1 Providing Third Party Inspection Agencies for

its Percentage Rate Contracts for services of

Supervision for underground pipe line

(UGPL)Sub-minor work in the SSP command

area as per scope of Services and TOR, RFP

Clarifications etc.( excluding service tax)

____%

Date :

Name

Designation

Seal

60

FORM FIN-3

PAYMENT SCHEDULE for TPI

a. Payment shall be made as per the approved percentage of the construction

cost.

b. Monthly bill to be processed by respective Ex Engineer.

c. The bill will be paid within 30 days of presentation.

d. If for any reason, one repeat call for inspection cum Trial Run need to be given

by the client without any extra cost. For second repeat call Implementing Agency

shall have to bear the extra cost which shall be 50% of the TPIA charge for that

work.

61

SECTION 5

TERMS OF REFERENCE

1. Project Packages

SSNNL will award separate and independent contracts to the contractors.

SSNNL will select and appoint a Consultant as per the procedure prescribed under this

Request for Proposal Document for providing Third Party Inspection Services of

supervision for underground pipe line UGPL (Sub-minor) in the SSP command area

2. Overall Scope of Services to be provided by the Third Party

Inspection Consultants

SSNNL shall award the works as per the Technical and financial capacity of the

consultant.

However, SSNNL have right to award only one or more works to each consultant.

Ensure strict quality control of the works that are designed and/or being constructed by

the Item Rate Contractor as per the Technical Specifications (TS) contained in the

Construction Contract Documents, relevant Codes, Standards, Publications and

standard engineering practices.

The TPI render all the services related to Performance Testing, Pre-commissioning and

Commissioning of the work from Item Rate Contractor as per the construction contract

documents.

3. Detail Scope of TPIA Consultant

1) Preamble:

SSNNL has declared a policy option to construct sub-minors as Underground

Pipeline in the remaining CCA of 14.23 lakh ha of SSP command area, if the

beneficiary farmers’ group for a chak (40 to 60 ha) so opts, through a policy GR

dated 01/08/2014.

62

The works of construction of the Sub-Minors as UGPL is to be executed in various

Talukas of Gujarat falls under command area of Sardar Sarovar Project (SSP). At

present it is planned in 51Talukas.

Present work for which TPIAs are invited consists of construction of sub-minors as

UGPL sub-minors in about 3.00 lac ha. Area.

SSNNL is going to approve a list of Implementing Agencies (IA) who will be

executing the UGPL-SM construction work. Taluka will be allotted to the IAs out of

which the group of farmers for a chak will choose an IA, as per their own choice. The

IA will execute the work at the Unit Rates approved by the SSNNL.

TPIA shall provide services for inspection of Materials, Machineries and Equipment

for the underground pipe line works for the sub-minors in the SSP command area

as per the terms set forth herein. The works will be undertaken by Sardar Sarovar

Narmada Nigam Ltd on behalf of the Government of Gujarat and funds for the

works will be obtained from the Government of Gujarat.

The project as a whole is monitored by the Sardar Sarovar Narmada Nigam Ltd.

The TPIA shall be allotted the work preferably Chief Engineer wise.

2) TPIA’S GENERAL DUTIES :

The broad role of the TPIA shall be to act as the Client's representative for :

1. Overall review of the project of UGPL work in each chak.

2. Site inspection as specified in the scope

3. Trial run operation and certifies the project as completed.

3) SCOPE OF THE WORK:

1. To test the pipe delivered at site before laying. The stage of the checking will be

on/ before when 20% advance payment will be eligible.

i. Overall visual inspection

ii. To check the brand name and manufacturer details printed on pipes with the

latest approved list of the manufacturer of pipe qualified to supply pipe in the

UGPL works for Sub minor in the Sardar Sarovar Project (SSP) which circulated

by the Sardar Sarovar Narmada Nigam Ltd (SSNNL).

iii. To check the dimension of pipe

iv. To check the manufacturer testing reports of the pipe

63

v. The sampling can be done randomly for pipes of each manufacturer/ brand

name wise. If the manufacturer/ brand name is more than one , than the TPIA

shall inspect pipes of different manufacturer.

2. To check the valve quality, brand and IS conformity

3. Trial run test: Hydraulic test as per IS

4. The TPIA shall be provided contract document/specification and drawings for

UGPL Sub Minor construction. The check list consisting major points is enclosed

as Annexure-I.

The TPIA can suggest and modify check list in consultation of the Executive

Engineer in charge.

5. The TPIA shall be required to visit at least when

i. Pipes delivered on site. (Annexure A to be filled during this visit)

ii. During Execution of the work.( Remaining details Annexure A to

be filled during this visit)

iii. Physical Work is completed and trial run test is to be carried

out.(Valves to be inspected at this stage). (Annexure B to be filled

during this visit)

6. The call to visit and inspect as mentioned in the above Para shall be carried out by

the client e.g. site Engineer of Sardar Sarovar Narmada Nigam Ltd. The same

shall be confirmed by the TPIA with SSNNL authority.

7. In any circumstance, the inspecting firm shall attend the site for joint inspection

within three days after call from SSNNL authority.

i) The joint site visit of the inspecting firm with the implementing agency along

with SSNNL personal and farmers shall be carried out for any inspection.

ii) The TPIA will take photographs of work done from its designated GPS

enabled mobile phone, containing e-Capture software that enables it to

upload photos captured directly to UGPLS software server situated at SSNNL

H.O. or as directed by Engineer-in-Charge. The TPIA shall also fill up their

Trial Run cum Inspection Report in the prescribed form and upload it to the

UGPLS software server situated at SSNNL H.O. or as directed by Engineer-

in-Charge. The hard copy of the Trial Run report shall be given to the IA in

original under sign & seal of the TPIA.

iii) Based upon joint recommendation of the TPIA and the SSNNL engineer, in the

form of Trial Run Report, the TPIA will be paid at approved rates. The inspection

or Trial Run Report may also result into a denial of the acceptance to the work

64

done. The IA will have to take up remedial measures until the UGPL-SM is

reported to be acceptable. In such a case, a repeat call for inspection cum Trial

Run shall be given by the IA. For this repeat visit, no extra charge shall be paid to

inspecting firm. For second repeat call Implementing Agency shall have to bear

the extra cost which shall be 50% of the TPIA charge for that work.

8. The sampling for testing shall be done as per latest revision of IS 4985-2000(or its

latest revised edition) or SSNNL guidelines or as directed by Engineer-in-Charge.

4) PROJECT TEAM :

The Inspecting Firm would be required to form a multi disciplinary Project Team for

this assignment, from the areas given below;

(a) Civil Engineering.

(b) Water Supply Engineering.

(c) Hydraulics with Surge Analysis & Control

(d) Mechanical and Electrical Engineering

(e) Quality Control.

5) ASSISTANCE FROM SARDAR SAROVAR NARMADA NIGAM LTD:

Sardar Sarovar Narmada Nigam Ltd would help in co-ordinating site visits and also

any clarifications sought by TPIA, before the Proposals are submitted.

The TPIA would be assisted by SSNNL in obtaining relevant information from the

authorities as well extend co-operation on following areas :

a) Exchange of data and information related to the UGPL work.

b) Day-to-day interactions and monitoring of activities to enable active project

management.

QUALIFICATION AND EXPERIENCE OF CONSULTANT’S KEY PROFESSIONAL AND

SUPPORT STAFF FOR TPI

The envisaged man-months for carrying out the assignment as described in this

Terms of Reference shall be discussed before award of TPI work. The list detailed

below is only indicative and the Inspecting Firm may suggest additional key or support

staff to meet the obligations under the work at the time of the award of TPI work.

65

The consultant shall deploy and put in place on site here above the following key

professionals. The nos. of key personnel are kept for approximately 1000 chack.

(Approximately 40000 ha. Area). The construction cost of UGPL work shall be

approximately of Rs. 150 to 200 crores.

Sr.

No.

Title Experience Employee required in

Project Phases

1. Team Leader

/ Project

Management

Specialist.

Graduate in Civil Engineering with over

10 years experience in pipeline project

monitoring of water supply projects,

preferably having design/office

experience and having handled at least

one project of similar nature.

Min 1 No.

2 Field Team

2a Civil Engineer Graduate engineer with over 5 years

experience in Civil Engineering works.

Min 8 Nos.

2b Plastic

Engineer

One Graduate or Diploma in Plastic

engineering having min.5 years of

experience.

Min1 No.

Note: The deployment of the numbers of key personnel is mandatory. However, TPI shall

deploy sufficient nos. of support staff to effectively monitor the works in conjunction with the

TOR. The Nos. and designation of the staff shall be decided by the TPI bidder keeping in

mind the size of the work. No extra payment shall be given. The price quoted is inclusive of

support personnel, communication expenses, rental of project office, travel expenses, report

and document charges, and any other miscellaneous expenses.

SSNNL may instruct to replace an Engineer / Head based on sole judgment

The Terms & Conditions, Contract Agreement with detailed scope of work of construction

agencies shall be made available to the Third party inspection Agency.

6) SECURITY DEPOSIT: 1. The TPIA shall deposit a security deposit in the form of a FDR or a Bank

Guarantee in the favour of the concerned Executive Engineer for Rs Ten (10)

Lac.

2. SD to be paid within 10 days of work order.

3. The validity of the SD shall be upto three months beyond the expiry of the

original or extended contract period

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4. SD to be released within two months of closure of contract satisfactorily, after

due recovery, if any.

7) TIME LIMIT OF THE CONTRACT:

Valid for twelve (12) months from date of issue of work order/confirmation of the

inspection.

Extension on written request by TPIA on same Terms& Conditions at the same rates

based upon the performance and will be decided by the SSNNL for additional six

month. Further extension on the same Terms and Conditions at the same rate will

be decided on mutual agreement.

8) AREA OF WORK :

The work scope mentioned above shall be spread across the Talukas under the SSP

command area. The TPIA shall be bound to provide services under at any of the

places in the said Taluka.

The fixed jurisdiction preferably Chief Engineer wise will be allotted to each

inspecting firm /Third party agency as decided by SSNNL. The same shall be bound

to agree by the TPIA.

9) RATES

There will be a one-time payment eligible at the approved rate of the total execution cost

of the UGPL-SM work. The cost shall include charges for inspection, witnessing testing,

furnishing report(s), travel & logistics and all incidental charges that may have to be

made in respect of the scope covered under this document and all taxes excluding the

Service Tax.

Rates will be fixed for 12 month contract period

10) SUBMISSION OF BILLS AND PAYMENT TERMS:

a. Payment shall be made as per the approved percentage of the construction cost.

b. Monthly bill to be processed by respective Ex Engineer

c. The bill will be paid within 30 days of presentation,

d. If for any reason, one repeat call for inspection cum Trial Run need to be given by

the client without any extra cost. For second repeat call Implementing Agency shall

have to bear the extra cost which shall be 50% of the TPIA charge for that work.

11) RECOVERY

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a. Recovery for not inspecting work within specified time in the scope will be levied from

the inspecting firm /TPIA. The amount of penalty shall be Rs 1000/- ( Rs. one

thousand only) per non response of call.

b. Recovery will be recovered from bills dues or from any other dues to the inspecting

firm/TPIA including Security Deposit.

c. SSNNL Audit / vigilance / QC team may cross-examine inspection report given by

TPIA for UGPL-SM or may inspect the site work and if, their report is not favourable,

SSNNL shall recover recovery at 3 times of the fees paid and may advise for taking

disciplinary action to the concerned person of TPIA, who had inspected the works.

12) CONSULTANT’S OFFICE:

The Consultant shall establish a Project Office at a suitable location in the Project

area for efficient and coordinated performance of its Services. All the Key

Personnel shall be deployed at this office as specified in the Manning Schedule

forming part of the Agreement. The authorised officials of the Authority may visit

the Consultant’s Project Office any time during office hours for inspection and

interaction with the Consultant’s Personnel. It is not expected of the Consultant to

carry out the operations from the Head/Home Office.

The Consultant shall mobilize and demobilize its Professional Personnel and

Support Personnel with the concurrence of the Authority and shall maintain the

time sheet/ attendance sheet of the working of all Personnel in the Project Office.

These time sheets/ attendance sheets shall be made available to the Authority as

and when asked for and a copy of such record shall be submitted to the Authority

at the end of each calendar month with the bill.

13.0 INSPECTION OF WORKS:

Typical inspection checklists shall be prepared for each category of works on each

operation and activities with reference to documents and standards. The acceptance

/ rejection report through the concerted inspection engineer ensuring al the points

shall be mandatory. However the check list consisting major points is enclosed as

Annexure- IA & IB

The inspection system and procedure shall be prepared and maintained on call basis

for each sub minor. The inspection crews shall have guidelines, test plans, scope of

inspection, procedures, checklists and various formats to carry out inspection in a

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systematic method.

The inspection reports shall have to be prepared by the inspecting agency.

The inspection report on based on factory and / or on site inspection shall be

submitted to the engineer-in-charge of the project, periodically as per requirement.

All stationary, drawing stationary, design facilities, reprographic facilities etc. shall be

provided by the inspecting authority at his own cost.

The inspecting authority shall issue necessary certification on progressive

completion of each category of work after ensuring quality control and assurance so

as to achieve the designed objectives of the particulars works. The certification shall

be based on satisfactory adherence of the system and procedures of the inspection.

14.0 Site Supervision of construction:

Contractors internal test on materials, concrete, mortar etc.

Pipe line trenching, bedding

Lowering, laying and jointing of pipe lines of various sizes.

Installation of valves, specials fittings.

Pipeline hydro testing and pre commissioning test.

Proper alignment of pipeline trenching.

Major / minor road crossings

Orientation, location of structures depth of foundation etc. with respect to approved

drawings and approved test plan

Dimensions, reinforcement, concreting in foundation.

Shuttering, plumb, dimensions, concreting etc. in Kundies construction etc. as per

approved inspection test plan.

The items listed in scope of works are major items covered under the construction contract. The miscellaneous items and any other major items remained in the lists but required

for the successful implementation of the project shall also form the part of scope of

work under this contract.

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15.0 DEFECTS CORRECTION SUPERVISION:

i) Make periodic site visits to ensure that any outstanding work agreed upon with the

contractor before the issue of the certificate of substantial completion is properly

carried out.

ii) In the event of any defect and whenever required, visit the site, ensure that repairs

are properly carried out.

iii) On the occasion of site visits as above and / or request of the Client, supervise

performance of the operators and report to the Client in case of shortcomings,

including recommending on corrective actions.

iv) At the end of the defects correction period and when all outstanding work is

completed and all repairs are carried out satisfactorily, issue the defects corrections

certificate in accordance with the provisions of the construction contract.

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ANNEXURE-IA

Name, Address & Logo of TPI Agency

Verification Report for UGPL sub minor during construction

Date :

District :- Division

Taluka :_ Sub Division

Village :- Implementing agency

Branch :- Sub minor

Distributory :_ CCA in ha.

Minor Length in m

(Estimated)

Sr.No. Particulars Observations Remarks

A UPVC pipe

1 Inspection made at (Give location)

2 Manufacture’s Brand name

3 Outer Dia. (mm)

4 Thickness of pipe (mm)

5 Lot/batch no on pipe Yes / No

6 Testing lab logo on pipe Yes / No

7 SSNNL logo on pipes Yes / No

8 Test results from manufacturer received? Yes / No

9 Results conform to IS specification? Yes / No

10 Pipe test pressure 4 kg/cm2? Yes / No

11 Visual appearance as per Clause No.10.1 of IS

4985-2000

12 Retesting required Yes / No

13 If yes, Sample collected in presence of SSNNL

official and agency

Yes / No

14 If yes, Give date of sampling & lab where to be

tested

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B UPVC accessories& Valves

1 TEE/ELBOW/REDUCER/BEND

a Type of material

b Moulded/ Fabricated

c Size as per requirement? Yes / No

d ISI mark Yes / No

2 CI Air valve

a Make/brand

b Moulded/Fabricated

c ISI mark Yes / No

d Double acting Yes / No

e Size in mm

3 CI Sluice valve

a Make/brand

b Moulded/Fabricated

c ISI mark Yes / No

d Test pressure 4 kg/cm2? Yes / No

4 150 mm TEE valve

a Type of material

b Moulded/ Fabricated

c ISI mark Yes / No

d Test pressure 4 kg/cm2? Yes / No

e Size as per measurement Yes / No

5 Lowering, laying and jointing in position sluice

valve double flange with hydraulic testing.

Satisfactory/

Un Satisfactory

6 Lowering, laying and jointing in position air valve

double flange with hydraulic testing.

Satisfactory/

Un Satisfactory

7 Fixing of CI/GI Flange Satisfactory/

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Un Satisfactory

8 GI pipes with coupling of medium duty (Test

pressure-4 kg/cm2-ISI mark)

Yes / No

C Excavation of trench

a Is minimum depth of trench 1 m plus dia. of pipe? Yes / No

b If depth is more, give details of depth, its reach and

reason

c Give average top width, bottom width in cm reach

wise (Chainage in m)

d Is side slope of trench vertical? Yes / No

e If not give details of side slope reach wise

f Rock strata met in excavation? Yes / No

g If yes, Give details reach wise.

h Are pipes laid straight Yes / No

i Are pipes laid with their logos facing upwards? Yes / No

j Give details of utility crossing if any (Chainage,

depth from ground & details of utility line)

k Technical persons deployed on work by I.A. Yes / No

l Temporary benchmark fixed? Yes / No

m Initial levels /final levels entered in field book? Yes / No

n Field book signed by I.A. Yes / No

D Other construction material such as Cement/

Steel/Bricks/ Sand/ Aggregate as per Tender

specifications or not

Yes / No

E RCC pipes

a Class and Dia. in mm

b Source/Brand

c Test results ok? Yes / No

Any other observations :

Verified By :

73

Third Party Inspection Agency SSNNL

Signature with date Signature with date Signature with date

Name of representative Name of representative Name of representative

Seal of company (TPI) Seal of company Seal of Office

74

ANNEXURE-IB

Name, Address & Logo of TPI Agency

Trial run report for UGPL sub minor work

Date :

District :- Division

Taluka :_ Sub Division

Village :- Implementing

agency

Branch :- Sub minor

Distributory :_ CCA

Minor Length in m

(Actual measured)

Sr.No

.

Particulars Observations Remarks

1 Date of completion of work

2 Whether system is of gravity flow/ lift flow or both

3 Whether UGPL laid as per design layout or any

deviation

4 If deviation, give brief details of deviation & reason

5 Backfilling done as stipulated in tender Yes / No

6 Intake well

a Concrete or masonary

b Inside/ outside plaster done in masonry well? Yes / No

c Constructed as per design drawing? Yes / No

d Inside dia. in cm & depth

e Strainer provided at the entry of water in well & at

face of offtaking pipes?

Yes / No

f Cover slab provided? Yes / No

g 28 mm dia Steps/ladder provided? Yes / No

7 Kundies (T.O.)

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a No of kundies (gravity)

Give details of each kundi 1 2 3 4 5 6 7 8

b Chainage in m

c Circular or rectangle

d Plaster inside and outside done in case of

masonry?

Kundi constructed as per drawing

e Give dimensions in cm

Inside depth

Length/inside dia.

Breadth

f Design discharge observed?

g Is there is leakage in TEE Valve?

8 Wells for lift

a Nos. of well

Give details of each well 1 2 3 4 5 6 7 8

b Chainage in m

c Inside outside plaster done in masonry well?

d Inside dia. in cm

e Depth of well in cm

F Thickness of well in cm

G Strainer provided at face of off taking pipes

H Cover slab provided

I 28 mm dia. steps/ladder provided?

J Diesel engine water pump set as per IS1170-1975

provided?

K Mention HP of Diesel engine

L Discharging capacity in LPS

M CC Foundation for engine provided or trolly

provided?

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N Max. water level in well observed w.r.t. ground

level (In cm)

O Design discharge observed while operating diesel

engine?

9 UPVC accessories & Valves

a Any leakage found in pipe line? Yes / No

b If yes give location chainage

c No of Sluice valve provided

d Any leakage observed? Yes / No

e No of Air valves provided in kundi

f No of separate structure of air valves

g Civil works in general ok as per specification and

drawing?

Yes / No

h Any excess work done than estimated if yes give

details.

Yes / No

i Any other observations

Verified By:

Third Party Inspection Agency Implementing Agency SSNNL Representative

Signature with Name & Date Signature with name & Date Signature with name & Date

77

SECTION 6

GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions 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 Government’s

country, or in such other country as may be specified in

the Conditions of Contract , as they may be issued and

in force from time to time.

(b) “SSNNL” means the Sardar Sarovar Narmada Nigam

Limited, a Govt. of Gujarat undertaking, Gandhingar.

(a) “Consultant”/”Applicant” means any private or public

entity that will provide the Services to the SSNNL under

the Contract.

(b) “Contract” means the Contract signed by the Parties

and all the attached documents listed in its Clause 1,

that is these General Conditions (GC)and the

Appendices.

(c) “Day” means calendar day.

(d) “Effective Date” means the date on which this Contract

comes into force and effect pursuant to Clause GC 2.1.

(g) “Foreign Currency” means any currency other than the

currency of the SSNNL’s country.

(h) “GC” means these General Conditions of Contract.

(i) “Government” means the Government of the SSNNL’s

country.

(j) “Local Currency” means the currency of the SSNNL’s

country.

(k) “Member” means any of the entities that make up the

joint venture/consortium/association, and “Members”

means all these entities.

(l) “Party” means the SSNNL or the Consultant, as the

78

case may be, and “Parties” means both of them.

(m) “Personnel” means professionals and support staff

provided by the Consultants or by any Sub-Consultants

and assigned to perform the Services or any part

thereof; “Foreign Personnel” means such professionals

and support staff who at the time of being so provided

had their domicile outside the Government’s country;

“Local Personnel” means such professionals and

support staff who at the time of being so provided had

their domicile inside the Government’s country; and

“Key Personnel” means the Personnel referred to in

Clause GC 4.2(a).

(n) “Reimbursable expenses” means all assignment-related

costs other than Consultant’s remuneration.

(o) Deleted.

(p) “Services” means the work to be performed by the

Consultant pursuant to this Contract, as described in

Appendix A hereto.

(q) “Sub-Consultants” means any person or entity to

whom/which the Consultant subcontracts any part of

the Services.

(r) “Third Party” means any person or entity other than the

Government, the SSNNL, the Consultant or a Sub-

Consultant.

(s) “In writing” means communicated in written form with

proof of receipt.

1.2 Relationship

Between the

Parties

Nothing contained herein shall be construed as

establishing a relationship of master and servant or of

principal and agent as between the SSNNL and the

Consultant. The Consultant, subject to this Contract, has

complete charge of Personnel and Sub-Consultants, if any,

performing the Services and shall be fully responsible for

the Services performed by them or on their behalf

hereunder

1.3 Law This Contract, its meaning and interpretation, and the

79

Governing

Contract

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 English, which shall be the binding and controlling

language for all matters relating to the meaning or

interpretation of this Contract.

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 to such Party at the

address specified in the RFP.

1.6.2 A Party may change its address for notice hereunder

by giving the other Party notice in writing of such

change to the address specified in the RFP.

1.7 Location The Services shall be performed in the Talukas as listed in

Section-1 of command area of SSNNL

1.8 Authority of

Member in

Charge

SSNNL has not permitted a joint venture consortium under

this consultancy contract. Every member of the

consultant’s team deployed for the assignment under this

contract shall have the authority to provide services and

also be responsible to the SSNNL for the quality of

services to be provided under this contract.

1.9 Authorized

Representativ

es

Any action required or permitted to be taken, and any

document required or permitted to be executed under this

Contract by the SSNNL or the Consultant may be taken or

executed by the officials specified in the RFP.

1.10 Taxes and

Duties

The Consultant, Sub-Consultants, and their Personnel

shall pay such indirect taxes, duties, fees, and other

impositions levied under the Applicable Law as specified in

the RFP, the amount of which is deemed to have been

80

included in the Contract Price.

1.11 Fraud and Corruption

1.11.1 Definitions It is the SSNNL’s policy to observe the highest standard of

ethics during the execution of the Contract. In pursuance of

this policy, the SSNNL:

(a) defines, for the purpose of this provision, the terms set

forth below as follows:

(i) “corrupt practice” means the offering, 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 or

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 consultants, with or without the

knowledge of the Borrower, 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;

1.11.2 Measures to

be Taken

(b) SSNNL will cancel and terminate the contract if it

determines that representatives of the Consultant were


practices during the selection process or the execution

of that contract.

(c) Will sanction a Consultant, including declaring the

Consultant ineligible, either indefinitely or for a stated

period of time, to be awarded a SSNNL-financed

contract if it at any time determines that the Consultant

has, directly or through an agent, engaged in corrupt,

fraudulent, collusive or coercive practices in competing

for, or in executing, a SSNNL-financed contract;

1.11.3 Commissions

and Fees

(d) Will require the successful Consultants to disclose any

81

commissions or fees that may have been paid or are to

be paid to agents, representatives, or commission

agents with respect to the selection process or

execution of the contract. The information disclosed

must include at least the name and address of the

agent, representative, or commission agent, the

amount and currency, and the purpose of the

commission or fee.

2. COMMENCEMENT, COMPLETION, MODIFICATION & TERMINATION OF

CONTRACT

2.1 Effectiveness of

Contract

This Contract shall come into force and effect on the date

(the “Effective Date”) of the SSNNL’s notice to the

Consultant instructing the Consultant to begin carrying out

the Services. This notice shall confirm that the

effectiveness conditions, if any, listed in the RFP 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 specified in the RFP, either Party may, by not less than

twenty one (21) days 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.

2.3 Commence-

ment of

Services

The Consultant shall begin carrying out the Services not

later than the number of days after the Effective Date

specified in the RFP.

2.4 Expiration of

Contract

Unless terminated earlier pursuant to Clause of 7 of

section-5 hereof, this Contract shall expire at the end of

such time period after the Effective Date as specified in

the RFP.

2.5 Entire

Agreement

This Contract contains all covenants, stipulations and

provisions agreed by the Parties. No agent or representative

82

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 Modifications or

Variations

(a) Any modification or variation of the terms and

conditions of this Contract, including any modification

or variation of the scope of the Services, may only be

made by written agreement between the Parties.

However, each Party shall give due consideration to

any proposals for modification or variation made by

the other Party.

(b) In cases of substantial modifications or variations, the

prior written consent of the SSNNL is required.

2.7 Force Majeure

2.7.1 Definition a) If at any time during the continuance of this contract,

the performance in whole or in part by either party of

any obligation under this contract shall be prevented

or delayed by reason of any war, hostility, act of

public enemy, civil commotion, sabotage, fires

floods, explosion, epidemic, quarantine restriction,

strikes, lockouts or acts of God (herein referred to as

event), then provided notice of the happening of any

such event is given by either party to the other within

7 days from the date of occurrence thereof, neither

the party shall by reason of event be entitled to

terminate this contract nor shall either party have

any claim for damages against the other in respect

of such non-performance or delay in performance

and services under this contract shall be resumed

as soon as practicable after such event has come to

end or ceased to exist and the decision of SSNNL

as to whether the services have been rendered or

not shall be final and conclusive.

b) Provided further that if the performance in whole or

part of any obligation under this contract is

prevented or delayed by reasons of any such event

83

for a period exceeding 30 days, either party may at

its option terminate the contract.

2.7.2 No Breach of

Contract

The failure of a consultant 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

Consultant affected by such an event has taken all

reasonable 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 Consultant affected by an event of Force Majeure

shall continue to perform its obligations under the

Contract as far as is reasonably practical, and shall

take all reasonable measures to minimize the

consequences of any event of Force Majeure.

(b) A Consultant affected by an event of Force Majeure

shall notify the SSNNL of such event as soon as

possible, and in any case not later than seven (7) days

following the occurrence of such event, providing

evidence of the nature and cause of such event, and

shall similarly give written notice of the restoration of

normal conditions as soon as possible

(c) Any period within which a Consultant shall, pursuant to

this Contract, complete any action or task, shall be

extended for a period equal to the time during which

such Consultant was unable to perform such action as

a result of Force Majeure.

(d) During the period of their inability to perform the

Services as a result of an event of Force Majeure, the

Consultant, upon instructions by the SSNNL, shall

either:

(i) demobilize, in which case the Consultant shall be

reimbursed for additional costs they reasonably

and necessarily incurred, and, if required by the

SSNNL, in reactivating the Services; or

84

(ii) continue with the Services to the extent possible, in

which case the Consultant shall continue to be

paid under the terms of this Contract and be

reimbursed for additional costs reasonably and

necessarily incurred.

(e) In the case of disagreement between the Parties as to

the existence or extent of Force Majeure, the matter

shall be settled according to Clause RFP.

2.8 Suspension The SSNNL may, by written notice of suspension to the

Consultant, suspend all payments to the Consultant

hereunder if the Consultant fails to perform any of its

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 Consultant to remedy such failure within a period not

exceeding thirty (30) days after receipt by the Consultant of

such notice of suspension.

2.9 Termination

2.9.1 The Contract can be terminated upon occurrence of any of

the following event(s):

a) By Mutual consent

b) Breach of any of the provisions of this contract document

c) A pattern of Non-submission of Trial Run Report in time by Inspecting firm / TPIA

d) Hiding of material facts at site by Inspecting firm / TPIA

e) Proven ill-reporting by the Inspecting firm / TPIA

f) Inspecting firm / TPIA indulges into connivance of any nature with any of the IAs or SSNNL officers

g) A proven fact of farmers’ representation about unfair / unethical practice / malpractice / dissatisfactory services

h) SSNNL fails to observe its obligations under this agreement

i) Inspecting firm / TPIA adjudged / declared insolvent j) Inspecting firm / TPIA proved to have been involved in

a criminal offence lodged against it k) Inspecting firm / TPIA becomes incapable of

implementing the Contract Agreement. l) If the SSNNL determines to terminate the agreement, it

85

shall be terminated without assigning reason and without incurring any liability and the penalty shall be levied as per relevant provision above.

m) In case of termination of the Agreement, SSNNL shall allot the works assigned to Inspecting firm / TPIA to any other Inspecting firm / TPIA at the risk & cost of terminated TPIA, without any liability of SSNNL whatsoever.

n) In case of termination, due amount to be paid to Inspecting firm / TPIA , including the security deposit, shall be forfeited

2.9.2 Cessation of

Rights and

Obligations

Upon termination of this Contract pursuant to RFP hereof,

or upon expiration of this Contract pursuant to RFP 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 RFP hereof, (iii) the

Consultant’s obligation to permit inspection, copying and

auditing of their accounts and records set forth in RFP

hereof, and(iv) any right which a Consultant may have

under the Applicable Law.

2.9.3 Cessation of

Services

Upon termination of this Contract by notice of either

Consultant to the other pursuant to Clauses GC 2.9hereof,

the Consultant 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 Consultant and equipment and materials

furnished by the SSNNL.

2.9.4 Payment upon

Termination

Upon termination of this Contract pursuant to Clauses GC

2.9 hereof, the SSNNL shall make the following payments

to the Consultant:

Remuneration pursuant to Clause GC 6 hereof for

Services satisfactorily performed prior to the effective

date of termination, and reimbursable expenditures

pursuant to Clause GC 6 hereof for expenditures

actually incurred prior to the effective date of

termination; and

2.9.6 Disputes About If either Consultant disputes whether an event specified in

86

Events of

Termination

of Clause GC 2.9 has occurred, such Consultant may,

within forty-five (45) days after receipt of notice of

termination from the Nigam, refer the matter to Clause GC

9 hereof, and this Contract shall not be terminated on

account of such event except in accordance with the terms

of any resulting arbitral award.

3. OBLIGATIONS OF THE CONSULTANT

3.1 General

3.1.1 Standard of

Performance

The Consultant shall perform the Services and carry out

their obligations hereunder with all due diligence,

efficiency and economy, in accordance with generally

accepted professional standards and practices, and

shall observe sound management practices, and employ

appropriate technology and safe and effective

equipment, machinery, materials and methods. The

Consultant shall always act, in respect of any matter

relating to this Contract or to the Services, as faithful

adviser to the SSNNL, and shall at all times support and

safeguard the SSNNL’s legitimate interests in any

dealings with contractors, Sub-Consultants or Third

Parties.

3.1.2 Law Governing

Services

The Consultant shall perform the Services in accordance

with the Applicable Law and shall take all practicable

steps to ensure that any Sub-Consultants, as well as the

Personnel of the Consultant and any Sub-Consultants,

comply with the Applicable Law. The SSNNL shall notify

the Consultant in writing of relevant local customs, and

the Consultant shall, after such notification, respect such

customs.

3.2 Conflict of

Interests

The Consultant shall hold the SSNNL’s interests

paramount, without any consideration for future work,

and strictly avoid conflict with other assignments or their

own corporate interests.

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3.2.1 Consultants not

to Benefit from

Commissions,

Discounts, etc.

(a) The payment of the Consultant pursuant to Clause

GC 6 hereof shall constitute the Consultant’s only

payment in connection with this Contract and,

subject to Clause GC 3.2.2 here of, the Consultant

shall not accept for its own benefit any trade

commission, discount or similar payment in

connection with activities pursuant to this Contract

or in the discharge of its obligations hereunder, and

the Consultant shall use its best efforts to ensure

that any Sub-Consultants, as well as the Personnel

and agents of either of them, similarly shall not

receive any such additional payment.

(b) Furthermore, if the Consultant, as part of the

Services, has the responsibility of advising the

SSNNL on the procurement of goods, works or

services, the Consultant shall comply with the

SSNNL’s applicable procurement guidelines, and

shall at all times exercise such responsibility in the

best interest of the SSNNL. Any discounts or

commissions obtained by the Consultant in the

exercise of such procurement responsibility shall be

for the account of the SSNNL.

3.2.2 Consultant and

Affiliates not to

be Otherwise

Interested in

Project

The Consultant agrees that, during the term of this

Contract and after its termination, the Consultant and

any entity affiliated with the Consultant, as well as any

Sub-Consultants and any entity affiliated with such Sub-

Consultants, shall be disqualified from providing goods,

works or services (other than consulting services)

resulting from or directly related to the Consultant’s

Services for the preparation or implementation of the

project.

3.2.3 Prohibition of

Conflicting

The Consultant shall not engage, and shall cause their

Personnel as well as their Sub-Consultants and their

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Activities Personnel not to engage, either directly or indirectly, in

any business or professional activities which would

conflict with the activities assigned to them under this

Contract.

3.3 Confidentiality Except with the prior written consent of the SSNNL, the

Consultant and the Personnel shall not at any time

communicate to any person or entity any confidential

information acquired in the course of the Services, nor

shall the Consultant and the Personnel make public the

recommendations formulated in the course of, or as a

result of, the Services.

3.4 Liability of the

Consultant

Subject to additional provisions, if any, set forth in the

RFP, the Consultants’ liability under this Contract shall

be provided by the Applicable Law.

3.5 Insurance to be

Taken Out by

the Consultant

The Consultant (i) shall take out and maintain, and shall

cause any Sub-Consultants to take out and maintain, at

their (or the Sub- Consultants’, as the case may be) own

cost but on terms and conditions approved by the

SSNNL, insurance against the risks, and for the

coverage specified in the RFP, and (ii) at the SSNNL’s

request, shall provide evidence to the SSNNL 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 Consultant (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 changes and costs, and

the bases thereof, and (ii) shall periodically permit the

SSNNL or its designated representative and/or the

SSNNL, and up to five years from 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 SSNNL or the SSNNL, if so

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required by the SSNNL or the SSNNL as the case may

be.

3.7 Consultant’s

Actions

Requiring

SSNNL’s Prior

Approval

The Consultant shall obtain the SSNNL’s prior approval

in writing before taking any of the following actions:

(a) Any change or addition to the Personnel listed as

key professionals under the Terms of Reference.

(b) Subcontracts: SSNNL will not permit sub-

contracting of any part of the assignment as per the

Terms of Reference. In special circumstances that

may require the consultant to subcontract work

relating to the Services to an extent and with such

experts and entities, SSNNL may at its sole

discretion consider such subcontracting. The

Consultant shall have to obtain SSNNL’s prior

approval for such subcontracting. Notwithstanding

such approval, the Consultant shall retain full

responsibility for the Services. In the event that any

Sub-Consultants are found by the SSNNL to be

incompetent or incapable in discharging assigned

duties, the SSNNL may request the Consultant to

provide a replacement, with qualifications and

experience acceptable to the SSNNL, or to resume

the performance of the Services itself.

3.8 Reporting

Obligations

The Consultant shall submit to the SSNNL the reports

and documents specified in the Terms of Reference, in

the form, in the numbers and within the time periods set

forth in the said Terms of Reference. Final reports shall

be delivered in CD ROM in addition to the hard copies

specified in said Terms of Reference.

3.9 Documents

Prepared by the

Consultant to be

the Property of the

SSNNL

All plans, drawings, specifications, designs, reports,

other documents and software prepared by the

Consultant for the SSNNL under this Contract shall

become and remain the property of the SSNNL, and the

Consultant shall, not later than upon termination or

expiration of this Contract, deliver all such documents to

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the SSNNL, together with a detailed inventory thereof.

The Consultant may retain a copy of such documents

and software, and use such software for their own use

with prior written approval of the SSNNL. If license

agreements are necessary or appropriate between the

Consultant and third parties for purposes of

development of any such computer programs, the

Consultant shall obtain the SSNNL’s prior written

approval to such agreements, and the SSNNL shall be

entitled at its discretion to require recovering the

expenses related to the development of the program(s)

concerned. Other restrictions about the future use of

these documents and software, if any, shall be specified

in the RFP.

3.10 Equipment and

Materials

Provided by the

Consultants

Equipment or materials brought by the Consultant and

the Personnel and used either for the Project or personal

use shall remain the property of the Consultant or the

Personnel concerned, as applicable.

4. CONSULTANT’S PERSONNEL AND SUB-CONSULTANTS

4.1 General The Consultant shall employ and provide such qualified

and experienced Personnel and Sub-Consultants as are

required to carry out the Services

4.2 Description of

Personnel

The title, agreed job description, minimum qualification

and estimated period of engagement in the carrying out

of the Services of each of the Consultant’s Key

Personnel are described in Terms of Reference. If any

of the Key Personnel has already been approved by the

SSNNL, his/her name is listed as well.

4.3 Approval of

Personnel

The Key Personnel and Sub-Consultants listed by title

as well as by name in Terms of Reference and the

technical proposal made by the consultant and

accepted by SSNNL, are hereby approved by the

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SSNNL. In respect of other Personnel which the

Consultant proposes to use in the carrying out of the

Services, the Consultant shall submit to the SSNNL for

review and approval a copy of their Curricula Vitae

(CVs). If the SSNNL does not object in writing (stating

the reasons for the objection) within twenty-one (21)

days from the date of receipt of such CVs, such

Personnel shall be deemed to have been approved by

the SSNNL.

4.4 Working Hours,

Overtime, Leave

etc.

(a) The consultant and his professional staff at the

project site shall work as per the work schedule

agreed with the SSNNL and shall provide their

services including the weekends and public

holidays.

(b) The Key Personnel shall not be entitled to be paid

for overtime nor to take paid sick leave or vacation

leave, the Consultant’s remuneration shall be

deemed to cover these items. All leave to be

allowed to the Personnel is included in the staff-

months of service set forth in Terms of Reference.

Any taking of leave by Personnel shall be subject to

the prior approval by the Consultant and the

SSNNL who 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 SSNNL may otherwise agree, no

changes shall be made in the Key Personnel. If, for

any reason beyond the reasonable control of the

Consultant, such as retirement, death, medical

incapacity, among others, it becomes necessary to

replace any of the Key Personnel, the Consultant

shall provide as a replacement a person of

equivalent or better qualifications

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(b) If the SSNNL finds that any of the Personnel have

(i) committed serious misconduct or have been

charged with having committed a criminal action, or

(ii) have reasonable cause to be dissatisfied with

the performance of any of the Personnel, then the

Consultant shall, at the SSNNL’s written request

specifying the grounds thereof, provide as a

replacement a person with qualifications and

experience acceptable to the SSNNL.

4.6 Substitute of Key

Personnel

The SSNNL expects all the Key Personnel to be

available during implementation of the Agreement. The

SSNNL will not consider substitution of Key Personnel

except for reasons of any incapacity or due to health.

Such substitution shall ordinarily be limited to Key

Personnel subject to equally or better qualified and

experienced personnel being provided to the satisfaction

of the SSNNL. As a condition to such substitution, a sum

equal to 5% (five per cent) of the remuneration specified

for the original Key Personnel shall be deducted from the

payments due to the Consultant. In the case of a second

substitution hereunder, such deduction shall be 10%

(Ten per cent) of the remuneration specified for the

original Key Personnel. Any further substitution additional

25% (Twenty five per cent) deduction shall be made of

the original remuneration of key personnel.

5. OBLIGATIONS OF THE SSNNL

5.1 Assistance and

Exemptions

SSNNL shall assist the consultant and his staff for

getting necessary statutory permissions, approvals as

may be required under the law for their stay at the

project site and for providing services as per the terms

of the reference. Such assistance shall not be

considered as SSNNL’s obligation.

5.2 Access to Land The SSNNL warrants that the Consultant shall have,

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free of charge unimpeded access to all land at the

project site in respect of which access is required for the

performance of the Services. The SSNNL will be

responsible for any damage to such land or any

property thereon resulting from such access and will

indemnify the Consultant 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

Consultant or any Sub-Consultants or the Personnel of

either of them.

5.3 Change in the

Applicable Law

Related to Taxes

and Duties

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 incurred by the

Consultant in performing the Services, then the

remuneration and reimbursable expenses otherwise

payable to the Consultant 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 RFP.

5.4 Services,

Facilities and

Property of the

SSNNL

(a) The SSNNL shall make available to the Consultant

and the Personnel, for the purposes of the Services

and free of any charge, the services, facilities and

property described in the Terms of Reference and

the Data Sheet.

(b) In case that such services, facilities and property

shall not be made available to the Consultant as

and when specified in Terms of Reference and the

Data Sheet, the Parties shall agree on (i) any time

extension that it may be appropriate to grant to the

Consultant for the performance of the Services, (ii)

the manner in which the Consultant shall procure

any such services, facilities and property from other

sources.

5.5 Payment In consideration of the Services performed by the

Consultant under this Contract, the SSNNL shall make

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to the Consultant such payments and in such manner

as is provided by RFPof this Contract.

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6. PAYMENTS TO THE CONSULTANT

6.1 Cost Estimates;

Ceiling Amount

The Consultant shall be paid as per the quoted

percentage of the cost of Construction. The monthly

payment to the consultant shall be paid as per the work

done by the construction contractor on percentage

basis.

6.2 Remuneration

and

Reimbursable

Expenses

The Consultant shall be paid a lump sum price as

proposed by him in percentage of construction cost of

the work and accepted by the SSNNL as a part of the

financial proposal. In case if, any extra work not covered

within the scope of the terms of reference is required,

SSNNL shall pay the consultant additionally by mutual

consent.

6.3 Currency of

Payment

All payments will be made in Indian Rupees

6.4

Mode of Billing

and Payment

Billings and payments in respect of the Services shall be

made as follows:

a. Payment shall be made as per the approved

percentage of the construction cost.

b. Monthly bill to be processed by respective Ex Engineer

c. The bill will be paid within 30 days of presentation,

d. If for any reason, one repeat call for inspection cum

Trial Run needs to be given by the client without any

extra cost. For second repeat call Implementing

Agency shall have to bear the extra cost which shall be

50% of the TPIA charge for that work.

6.5

Liquidated

Damages

Liquidated Damages for error/variation In case any error

or variation is detected in the reports submitted by the

Consultant and such error/variation is the result of

negligence or lack of due diligence on the part of the

Consultant, the consequential damages thereof shall be

quantified by the SSNNL in a reasonable manner and

recovered from the Consultant by way of deemed

liquidated damages, subject to a maximum of 0.50%

(Zero Point Fifty Percent) of the Agreement Value.

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6.6

Liquidated

Damages for

delay

In case of delay in completion of Services, liquidated

damages not exceeding an amount equal to 0.2% (zero

point two per cent) of the Agreement Value per day,

subject to a maximum of 10% (ten per cent) of the

Agreement Value will be imposed and shall be

recovered by appropriation from the Performance

Security or otherwise. However, in

case of delay due to reasons beyond the control of the

Consultant, suitable extension of time shall be granted.

6.7 Encashment

and

appropriation of

Performance

Security

The SSNNL shall have the right to invoke and

appropriate the proceeds of the Performance Security,

in whole or in part, without notice to the

Consultant in the event of breach of this Agreement or

for recovery of liquidated damages specified in this

Clause 6.5 and 6.6.

7.0

Penalties for

deficiency in

Services

a) In addition to the liquidated damages not amounting

to penalty, as specified in Clause 6.5, warning may be

issued to the Consultant for minor deficiencies on its

part. In the case of significant deficiencies in Services

causing adverse effect on the Project or on the

reputation of the SSNNL, other penal action including

debarring for a specified period may also be initiated as

per policy of the SSNNL.

b) SSNNL may conduct independent Quality monitoring

and checking of works carried out by the Consultant. If

such checks disclose that works carried out by the

Consultant do not meet the specified requirement, the

SSNNL will not pay the Consultant’s fees for the

affected portion. In addition, the Consultant will incur a

penalty equal to 100% of such fee and without

entitlement to payment of further fees in this respect.

c) If the service of a team member provided by the

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Consultant is not acceptable to SSNNL, the consultant

shall immediately replace the team member on request

of SSNNL. If the consultant fails to quickly deploy /

replace a team member as instructed by the employer,

the employer may make temporary arrangement which

shall be paid by SSNNL with commensurate reduction

in the man-month scope of the TPI contract. The

consultant shall incur a penalty equal to 50% (fifty

percent) of the cost to the employer of the temporary

replacement until such time that the consultant provides

an acceptable replacement / team member

8.0 FAIRNESS AND GOOD FAITH

8.1 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.

8.2 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 Consultant

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.

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9.0 SETTLEMENT OF DISPUTES

The issues arising out of the contract administration shall

be resolved through following procedure:

Written request from TPIA to the Chief Engineer

(Mehsana) within 15 days of occurrence of event

requiring dispute resolution

Request to be analyze by the Committee for UGPL-SM in

its formal meeting

Decision of SSNNL upon report of the Committee will be

conveyed to the TPIA within to 30 days of receipt of their

written request.

If the TPIA is not satisfied by the decision as above, it

may approach appropriate judicial authority

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AGREEMENT FORM

AGREEMENT

This agreement, made the ________ day of ______ 20_____, between

__________________________________________________(name and

address of Employer ) (hereinafter called “the Employer)’ of the one part and

__________________________________ (name and address of Consultant)

(hereinafter called “the Consultant”) of the other part.

Whereas the Employer is desirous that the Consultant execute

____________________________________________________ (name and

identification number of Contract) (hereinafter called “the TPI Services”) and the

Employer has accepted the Bid by the Consultant for the execution and

completion of such Works and the remedying of any defects therein, at a

contract price of Rs……………………………

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expression shall have the same meanings as

are respectively assigned to them in the Conditions of Contract hereinafter

referred to, and they shall be deemed to form and be read and construed as

part of this Agreement.

2. In consideration of the payments to be made by the Employer to the Consultant

as hereinafter mentioned, the Consultant hereby covenants with the Employer to

execute and complete the TPI services and remedy any defects therein in

conformity in all aspects with the provisions of the Contract.

3. The Employer hereby covenants to pay the Consultant in consideration of the

Project Management Consultancy / TPI services of the Works and the remedying

the defects wherein the Contract Price or such other sum as may become

payable under the provisions of the Contract at the times and in the manner

prescribed by the Contract.

4. The following documents shall be deemed to form and be read and construed as

part of this Agreement, viz.:

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i) Letter of Acceptance;

ii) Notice to proceed with the works;

iii) Consultant’s Bid;

iv) Contract Data;

v) Conditions of contract (including Special Conditions of Contract);

vi) Specifications;

vii) Drawings;

viii) Bill of Quantities; and

ix) Any other document listed in the Contract Data as forming part of the

contract.

x) RFP with amendments and pre bid clarifications

In witness whereof the parties thereto have caused this Agreement to be executed

the day and year first before written.

The Common Seal of _______________________________ was hereunto

affixed in the presence of:

Signed, Sealed and Delivered by the said

In the presence of:

Binding Signature of Employer

Binding Signature of Consultant

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Appendix F - Form of Bank Guarantee Bank Guarantee for Performance Security

To

Executive Engineer,

In consideration of Executive Engineer, ___________________________________ acting

on behalf of the Government of Gujarat (hereinafter referred as the “Authority”, which

expression shall, unless repugnant to the context or meaning thereof, include its successors,

administrators and assigns) having awarded to M/s ……………….., having its office at

……………….. (hereinafter referred as the “Consultant” which expression shall, unless

repugnant to the context or meaning thereof, include its successors, administrators,

executors and assigns), vide the Authority’s Agreement no. ………………. dated

……………….. valued at Rs. ……………….. (Rupees ………………..), (hereinafter referred

to as the “Agreement”) a “Consultancy Services for Supervision for underground pipe line

(UGPL)Sub-minor work in the SSP command area” and the Consultant having agreed to

furnish a Bank Guarantee amounting to Rs. ……………….. (Rupees ………………..) to the

Authority for performance of the said Agreement.

1. We, ……………….. (hereinafter referred to as the “Bank”) at the request of the

Consultant do hereby undertake to pay to the Authority an amount not exceeding

Rs. ………………… (Rupees ………………….) against any loss or damage

caused to or suffered or would be caused to or suffered by the Authority by

reason of any breach by the said Consultant of any of the terms or conditions

contained in the said Agreement.

2. We, ……………….. (indicate the name of the Bank) do hereby undertake to pay

the amounts due and payable under this Guarantee without any demur, merely

on a demand from the Authority stating that the amount/claimed is due by way of

loss or damage caused to or would be caused to or suffered by the Authority by

reason of breach by the said Consultant of any of the terms or conditions

contained in the said Agreement or by reason of the Consultant’s failure to

perform the said Agreement. Any such demand made on the bank shall be

conclusive as regards the amount due and payable by the Bank under this

Guarantee. However, our liability under this Guarantee shall be restricted to an

amount not exceeding 10 lacs.

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3. We undertake to pay to the Authority any money so demanded notwithstanding

any dispute or disputes raised by the Consultant in any suit or proceeding

pending before any court or tribunal relating thereto, our liability under this

present guarantee being absolute and unequivocal. The payment so made by us

under this bond/security shall be a valid discharge of our liability for payment

there under and the Consultant shall have no claim against us for making such

payment.

4. We, ……………….. (indicate the name of Bank) further agree that the Guarantee

herein contained shall remain in full force and effect during the period that would

be taken for the performance of the said Agreement and that it shall continue to

be enforceable till all the dues of the Authority under or by virtue of the said

Agreement have been fully paid and its claims satisfied or discharged or till the

Authority certifies that the terms and conditions of the said Agreement have been

fully and properly carried out by the said Consultant and accordingly discharges

this Guarantee. Unless a demand or claim under this Guarantee is made on us in

writing by the Authority on or before a period of two years from the date of this

Guarantee, we shall be discharged from all liability under this Guarantee

thereafter.

5. We, ………………… (indicate the name of Bank) further agree with the Authority

that the Authority shall have the fullest liberty without our consent and without

affecting in any manner our obligations hereunder to vary any of the terms and

conditions of the said Agreement or to extend time of performance by the said

Consultant from time to time or to postpone for any time or from time to time any

of the powers exercisable by the Authority against the said Consultant and to

forbear or enforce any of the terms and conditions relating to the said Agreement

and we shall not be relieved from our liability to pay the amounts due and

payable under this Guarantee without any demur, merely on a demand from the

Authority, by reason of any such variation, or extension being granted to the said

Consultant or for any forbearance, act or omission on the part of the Authority or

any indulgence by the Authority to the said Consultant or any such matter or

thing whatsoever which under the law relating to sureties would, but for this

provision, have the effect of so relieving us.

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6. This Guarantee will not be discharged due to the change in the constitution of the

Bank or the Consultant(s).

7. We,……………….. (Indicate the name of Bank) lastly undertake not to revoke

this Guarantee during its currency except with the previous consent of the

Authority in writing.

Dated, the ………. day of ………. 20

For ...

(Name of Bank)

(Signature, Name and Designation of the

Authorized Signatory) Seal of the Bank:

NOTES:

(i) The Bank Guarantee should contain the name, designation and code number

of the officer(s) signing the Guarantee.

(ii) The address, telephone no. and other details of the Head Office of the Bank

as well as of issuing Branch should be mentioned on the covering letter of

issuing Branch.