Extension of Last date for Invitation for Public Comments on Proposed modified Document for Request for Proposal (RFP) for appointment of Authority's Engineer in respect of National Highways and centrally sponsored road works proposed to be implemented on EPC mode of contract

No. RW/NH-33044/02/2023-S&R (Comp No 218375) Government of India Ministry of Road Transport & Highways Transport Bhawan, 1, Parliament Street, New Delhi-110001 Dated: 09th July, 2025 Office Memorandum Sub: Invitation for Public Comments on Proposed modified Document for Request for Proposal (RFP) for appointment of Authority's Engineer in respect of National Highways and centrally sponsored road works proposed to be implemented on EPC mode of contract. The Ministry had issued Request for Proposal (RFP) for appointment of Authority's Engineer in respect of National Highways and centrally sponsored road works proposed to be implemented on EPC mode of contract on 15.02.2019. The Ministry is in the process of amending the above RFP. A draft proposed RFP document is enclosed herewith for reference. Comments/ suggestions on the proposed RFP, if any, may kindly be submitted within twenty one (21 ) days from the date of this communication i.e. upto 30.07.2025, to the email address srdivisionmorth@gmail.com . Encl: As above, ('Ak1l Ahmad) Superintending Engineer (S&R) For Director General (RD) & SS To NIC- for uploading on Ministry website under 'whats new' I any other appropriate place, for obtaining Public comments Copy for kind information to: 1. Sr. PPS to Secretary (RT&H) 2. Sr PPS to DG(RD)&SS 3. Sr. PPS/PPS to AS (RT&H)/ AS&FA 4. PS to all ADGs / JSsModel Tender Document for Consultancy Services Authority Engineer for supervision of ***** on EPC mode Request for Proposal (RFP) Government of India Ministry of Road Transport & Highways < Address of Agency> < July 2025>Table of Contents SECTION I: R EQUEST FOR PROPOSAL LETTER (RFPL) .................................................. Request for Proposal Letter RFPL) ................................................................................................. The RFP Document .................................................................................................................... 1.1. Consultants must read the complete ‘RFP Document’ ............................................................... 1.2. Availability of the RFP Document............................................................................................ 1.3. Clarifications ....................................................................................................................... Eligibility and Qualification Criteria for Participation in this RFP ........................................................ Purchase Policies of the Government ............................................................................................ 4.1. Relaxation in Prior Turnover and Experience to Startups ........................................................... Pre-Proposal Conference ............................................................................................................. Submission of Proposals .............................................................................................................. Proposal Opening ...................................................................................................................... APPENDIX RFPL: TENDER INFORMATION SUMMARY (TIS) ......................................... SECTION II: INSTRUCTIONS TO CONSULTANTS (ITC) .................................................... The RFP Document .................................................................................................................... 1.1. Basic Tender Details ............................................................................................................. 1.2. Interpretations, Definitions, Abbreviations and Document Conventions ....................................... 1.3. Overview of Contents ........................................................................................................... 1.4. Sections of the RFP Document ............................................................................................... 1.5. Forms (To be filled, digitally signed, and uploaded by Consultants) ............................................ 1.6. Other Formats ..................................................................................................................... Procuring Entity - Rights and Disclaimers ...................................................................................... 2.1. The Procuring Entity ............................................................................................................. 2.2. Right to Intellectual Property and confidentiality ...................................................................... 2.3. Right to Reject any or all Proposals ........................................................................................ 2.4. Disclaimers ......................................................................................................................... Consultants – Participation in this RFP process ............................................................................ 3.1. Eligibility to Participate ......................................................................................................... 3.2. Conflict of Interest ............................................................................................................... The Terms of Reference (TOR) and Form of Contract ..................................................................... 4.1. Facilities to be provided by the Procuring Entity ....................................................................... 4.2. Forms of BOQ/ Contract and Selection Methods ....................................................................... 4.3. Inputs of Key Experts ........................................................................................................... Proposal Prices, Taxes and Duties ................................................................................................ 5.1. Prices ................................................................................................................................. 5.2. Firm/ Variable Price .............................................................................................................. 5.3. Taxes ................................................................................................................................. 5.4. Payments ............................................................................................................................ Downloading the RFP Document; Corrigenda and Clarifications ....................................................... 6.1. Downloading the RFP Document ............................................................................................ 6.2. Corrigenda/ Addenda to RFP Document .................................................................................. Table of Contents [i] 26.3. Clarification of the RFP Document .............................................................................................. Pre-Proposal Conference ................................................................................................................. Preparation of Proposals ................................................................................................................. 8.1. The Proposal ........................................................................................................................... 8.2. Documents comprising the Proposal: .......................................................................................... 8.3. Proposal Validity ...................................................................................................................... 8.4. Bid Security - Related Documents .............................................................................................. Signing and Uploading Proposals.................................................................................................... 9.1. Relationship between Consultant and eProcurement Portal ........................................................... 9.2. Signing of Proposal .................................................................................................................. 9.3. Submission/ uploading of Proposals. 9.4. Modification, Resubmission and Withdrawal of Proposals .............................................................. Proposal Opening .......................................................................................................................... Evaluation of Proposals and Award of Contract................................................................................... 11.1. General norms ........................................................................................................................ 11.2. Evaluation of Proposals ............................................................................................................. 11.3. Techno-commercial Evaluation .................................................................................................. 11.4. Financial Proposals Evaluation and Ranking of Proposals ............................................................... Contract Negotiation ....................................................................................................................... 12.1. Invitation to Negotiate .............................................................................................................. 12.2. Verification of Original Documents ............................................................................................. 12.3. Availability of Key Experts: ........................................................................................................ 12.4. Technical Negotiations .............................................................................................................. 12.5. Financial Negotiations ........................................................................................................... 36 12.6. Conclusion of Negotiations Award of Contract .......................................................................................................................... 13.1. Letter of Award (Acceptance - LoA) and Signing of Contract .......................................................... Grievance Redressal/ Complaint Procedure ........................................................................................ Code of Integrity in Public Procurement, Misdemeanors and Penalties ................................................... SECTION III: APPENDIX TO INSTRUCTIONS TO CONSULTANTS (AITC) .............................. SECTION IV: GENERAL CONDITIONS CONTRACT (GCC) ............................................. General ........................................................................................................................................ 1.1. Tenets of Interpretation ............................................................................................................ 1.2. Definitions............................................................................................................................... 1.3. Document Conventions ............................................................................................................. 1.4. Abbreviations: ......................................................................................................................... The Contract ................................................................................................................................. 2.1. Language of Contract ............................................................................................................... 2.2. The Entire Agreement .............................................................................................................. 2.3. Severability ............................................................................................................................. 2.4. Relationship between Parties ..................................................................................................... 2.5. Contract Documents and their Precedence .................................................................................. 2.6. Modifications/ Amendments, Waivers and Forbearances ............................................................... Governing Laws and Jurisdiction ...................................................................................................... 3.1. Governing Laws and Jurisdiction ................................................................................................3.2. Changes in Laws and Regulations .......................................................................................... Communications .......................................................................................................................... 4.1. Communications ................................................................................................................. 4.2. Persons signing the Communications ...................................................................................... 4.3. Address of the parties for sending communications by the other party ........................................ Consultant’s Obligations and restrictions on its Rights ....................................................................... 5.1. Changes in Constitution/ financial stakes/ responsibilities of a Contract’s Business ........................ 5.2. Obligation to Maintain Eligibility and Qualifications ................................................................... 5.3. Restriction on Potential Conflict of Interests ............................................................................ 5.4. Consequences of breach by Constituents of a Consultant .......................................................... 5.5. Assignment and Sub-contracting ............................................................................................ 5.6. Obligation to Indemnify Procuring Entity ................................................................................. 5.7. Confidentiality, Secrecy and Property and IPR Rights ................................................................ 5.8. Performance Bond/ Security .................................................................................................. 5.9. Permits, Approvals and Licenses ............................................................................................ 5.10. Insurances .......................................................................................................................... 5.11. Accounting, Inspection and Auditing ....................................................................................... 5.12. Book Examination Clause ...................................................................................................... 5.13. Legal Compliance ................................................................................................................ 5.14. Custody and Return of the Procuring Entity’s Assets loaned to Consultant ................................... Procuring Entity’s Obligations ......................................................................................................... 6.1. Assistance by the Procuring Entity .......................................................................................... 6.2. Facilities to be provided by the Procuring Entity ....................................................................... 6.3. Counterpart Personnel .......................................................................................................... 6.4. Payment Obligation ............................................................................................................. Scope of Services and Performance Standards ................................................................................. 7.1. Scope of Services ................................................................................................................. 7.2. Eligible Services ................................................................................................................... Deployment of Resources ............................................................................................................ 8.1. Site and Assets thereon ........................................................................................................ 8.2. Key and Non-key Personnel ................................................................................................... 8.3. Equipment and Tools of Trade ............................................................................................... Delivery of Services and delays .................................................................................................... 9.1. Works plan .......................................................................................................................... 9.2. Commencement of Services .................................................................................................. 9.3. Contract Management .......................................................................................................... 9.4. Delivery of services, Time of Delivery and Extensions Thereof ................................................... 9.5. Damages and Deductions Thereof .......................................................................................... 9.6. Force Majeure ..................................................................................................................... Prices and Payments ....................................................................................................................... 10.1. Prices ................................................................................................................................. 10.2. Taxes and Duties ................................................................................................................. 10.3. Terms and Mode of Payment ................................................................................................. 10.4. Withholding and lien in respect of sums claimed ...................................................................... 10.5. Payments to Consultant ........................................................................................................ 10.6. Suspension of Payments ....................................................................................................... 10.7. Payment Against Time-Barred Claims .....................................................................................10.8. Commissions and Fees ......................................................................................................... Table of Contents [iii] Resolution of Disputes ................................................................................................................ 11.1. Disputes and Excepted Matters .............................................................................................. 11.2. Excepted Matters ................................................................................................................. 11.3. Adjudication ....................................................................................................................... 11.4. Conciliation of disputes ......................................................................................................... 11.5. Arbitration Agreement .......................................................................................................... Defaults, Breaches, Termination, and closure of Contract .................................................................... 12.1. Termination due to Breach, Default, and Insolvency ................................................................. 12.2. Termination for Default/ Convenience of Procuring Entity or Frustration of Contract ..................... 12.3. Closure of Contract .............................................................................................................. Code of Integrity in Public Procurement; Misdemeanors and Penalties .............................................. 13.1. Code of Integrity .................................................................................................................. 13.2. Obligations for Proactive Disclosures ...................................................................................... 13.3. Misdemeanors .................................................................................................................... 13.4. Penalties for Misdemeanors ................................................................................................... SECTION V: SPECIAL CONDITIONS OF CONTRACT (SCC) ............................................... SECTION VI: TERMS OF REFERENCE ............................................................................. Section VI-A: List of Key Experts and Required Qualifications: .............................................................. SECTION VII: EVALUATION/ SCORING CRITERIA ........................................................... BIDDING FORMS .......................................................................................................... TECHNICAL PROPOSAL ............................................................................................ FORM T-1: PROPOSAL FORM (COVERING LETTER) ......................................................... FORM T-1A: CONSULTANT’S COMMERCIAL INFORMATION ....................................... FORM T-2: CONSULTANT’S ORGANISATION AND EXPERIENCE ................................. FORM T-3: COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE, COUNTERPART STAFF, AND FACILITIES TO BE PROVIDED BY THE PROCURING ENTITY 114 FORM T-4: DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN INRESPONDING THE TERMS REFERENCE .................................................................. FORM T-5: WORK SCHEDULE AND PLANNING FOR DELIVERABLES .................................... FORM T-6: TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS ............... Annex to Form T-6: Key Expert Curriculum Vitae (CV) ................................................................................ FORM T-7: TERMS AND CONDITIONS - COMPLIANCE ........................................................ FORM T-8: CHECKLIST FOR CONSULTANTS ................................................................. FORM T-9A: BANK GUARANTEE FORMAT FOR EARNEST MONEY DEPOSIT ....................... 5 FORM T-9B: BID SECURING DECLARATION ....................................................................... FORM T-10: INTEGRITY PACT .......................................................................................... FORMATS ................................................................................................................... FORMAT 1: CONTRACT FORM ..................................................................................... APPENDIX A: DESCRIPTION SERVICES ........................................................................Terms of Reference .................................................................................................................... Approach and Methodology ......................................................................................................... Work Schedule and Planning for Deliverables ................................................................................ APPENDIX B: KEY EXPERTS ........................................................................................... APPENDIX C – REMUNERATION COST ESTIMATES .................................................... Annex to Appendix C: Breakdown of Agreed Fixed Rates in Consultant’s Contract ...................................... APPENDIX D-1: BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY ................... APPENDIX D-2: BANK GUARANTEE FORMAT FOR ADVANCE PAYMENT ............................ FORMAT 2: CERTIFICATION BY PROSPECTIVE ARBITRATORS ......................................... FORMAT 3: AUTHORIZATION TO ATTEND PRE-PROPOSAL CONFERENCE ........................ Table of Contents [v]Page left blank intentionallySection I: Request for Proposal Letter (RFPL) Request for Proposal Letter (RFPL) The President of India through the Secretary (RT&H) / Chairman NHAI/ MD NHIDCL, (hereinafter referred to as ‘the Authority’, ‘the Head of Procurement’, ‘the Procuring Entity’ and ‘the Procuring Organisation’ respectively), invites proposals (hereinafter referred as ‘the Proposal(s)’) from eligible consultants on the basis of International Completive Bidding (please see Tender Information Summary (TIS) appended to this letter for reference), for entering into a contract for the delivery of Consultancy Services for engaging an Authority Engineer (AE) (hereinafter referred to as ‘the Services’), using the selection method as specified in TIS. This Request for Proposal (RFP) Document, reference number, RFP No./ xxxx (hereinafter referred to as ‘the RFP Document’), gives further details. The RFP Document 2.1. Consultants must read the complete ‘RFP Document’. This RFPL, an integral part of the RFP Document, serves the limited purpose of invitation and does not purport to contain all relevant details for submitting Proposals. ‘Tender Information Summary’ (TIS) appended to this letter gives a salient summary of the relevant information, including the Type of BPQ/ Contract, basic eligibility and Selection Method to evaluate RFP. Any generic reference to RFPL shall also imply a reference to TIS as well. However, Consultants must go through the complete RFP Document for details before submission of their Proposals. 2.2. Availability of the RFP Document The RFP Document shall be published on “INFRACON” (www.infracon.nic.in)/ e-Procurement portal (https://eprocure.gov.in) for download aftert he date and time of the start of availability till the deadline for availability as mentioned in TIS. The Consultant who download the RFP document from the website will be required to pay the non- refundable fee of Rs. 5,000/- towards cost of RFP at the time of the submission of the Bid proposal through Demand Draft in favour of MoRTH/NHAI/NHIDCL/Agency. If the Procuring Entity happens to be closed on the deadline for the availability of the R FP Document, the deadline shall not be extended. Any query/ clarification regarding downloading RFP Documents and uploading Proposals on the e-Procurement portal may be addressed to …………….. (please refer to TIS for details). As such before submitting the proposal the Consultant shall mandatorily register and enlist themselves (the firm and all key personnel), on the MoRTH portal “INFRACON” and furnish registration details along with its RFP. A copy of Infracon Operation Procedure is also enclosed for bidder’s reference. All the bidders registered on Infracon shall form a Team on Infracon and which would be assigned unique Infracon Team ID. Bidders while submitting the proposal shall quote the Infracon Team ID. Bid must be submitted online at e-tender portal of <Agency> https://eprocure.gov.in 2.3. Clarifications A Consultant may seek any clarification of the RFP Document through the eProcurement 1Portal before the date and time stipulated in TIS (or, if not mentioned, before 14 days of the deadline for the proposal submission). This deadline shall not be extended in case of any intervening holidays. No other means of submission of queries shall be entertained. Eligibility and Qualification Criteria for Participation in this RFP Consulting firms meeting the eligibility criteria as mentioned in Appendix-1 to Tender Information Summary (TIS) are only eligible for applying for this assignment. Firms not meeting these criteria, need not apply. Purchase Policies of the Government 1) Central Government policies restrict the participation of entities from i) Certain countries sharing land borders with India and ii) Countries that restrict the participation of Bidders from India. Consulting firms shall submit the declaration regarding these restrictions as mentioned in Appendix-1 to Tender Information Summary (TIS). They should ensure that they continue to comply with such declarations till completion of bidding process. Pre-Proposal Conference: If indicated in TIS, Consultants are requested to attend a Pre-Proposal conference to clarify the RFP's technical requirements and commercial conditions at the time, date, and place mentioned therein. Submission Proposals: 1) Proposals must be uploaded by the submission deadline mentioned in TIS. If the office happens to be closed on that date, this deadline shall not be extended. Further details are given in ITC. 2) Integrity Pact: If indicated, in the TIS, all Consultants shall have to sign the Integrity Pact with the Procuring Entity as per ‘Form T-10: Integrity Pact’. In such cases, Proposals without a signed Integrity Pact shall be rejected. Proposal Opening Proposals received shall be opened online on or after the specified date and time in TIS. If the office is closed on the specified date of opening of the Proposals, the opening shall be done on the next working day at the same time. Note: For further details, please refer to appended TIS and the complete RFP Document. Digitally Signed by Tender Inviting Authority (TIA) [Insert Name, Designation, and contact details of Tender Inviting Authority] Appendix: Tender Information Summary (TIS)Appendix to RFPL: Tender Information Summary (TIS) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services (Ref ITC-clause 1.4) Tender Information Summary (TIS) 1.0 Basic Tender Details Tender Title/ CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER Name of FOR SUPERVISION OF ****************** ON EPC Assignment Tender RFP No./ xxxx Tender ID [Fill] Reference Number Tender Type International Tender Category Consultancy Competitive Services Bidding No. of Covers [Two Covers] Product Category [Consultancy] Selection [QCBS] Appointing Authority for Head of the Method Based on Arbitration Procuring Height The Organization score Secretary/ The assessed Chairman Secretary/ based on NHAI/ MD Chairman Technical NHIDCL NHAI/ MD NHIDCL and Financial Criteria. The financial criteria will consist of Performanc e BG and Financial quote Organisation: MoRTH/NHAI/ The Procuring Entity: Procuring Entity NIHIDCL/BRO/ PWD Authority on President of Through the CE/RO/ General Head of whose behalf India through Manager as the case may be Procurement RFP is invited the secretary The or chairman concerned NHAI or MD RO/ General NHIDCL as Manager as the case may the case may be be 3Tender Inviting Address [Fill] Authority (TIA) 1 Based on BOQ Template: Item-wise or Mixed or Item-rate Templates2.0 Critical Dates (ITC-clauses 6, 7; 8; 9, and 10) For the schedule of dates for the Pre-proposal Conference, if any, please refer to Section 7.0 below Published [Fill up] Proposal Validity (Days from [fill up both periods Date the date of Proposal (default 120 days) in Opening) – ITC-clause 8.3 days and the calculated date] Document [Normally Document Download End [Normally up to a few Download start of Date & Time hours/ one day before Start Date & business on the time of Proposal Time the day Opening] after publishing] Clarification [Normally Clarification End Date & [Normally not later Start Date & start of Time than 7 days before the Time business on Proposal submission the day after deadline to give time publishing] to the Procuring Entity for a response] Proposal [Normally Proposal Submission 45 days from date of Submission start of Closing Date & Time invitation Start Date & business on Time the day after publishing] Proposal Opening (techno- Next date of bid closing date commercial Proposal) Date & Time Proposal Opening (Financial [To be intimated later] Proposal) Date & Time 3.0 Terms of Reference (ITC-Clause 4) Consignee/ [Fill] GSTIN Code of Consignee [Fill] State: Period of Construction Period+ maintenance period Contract of Civil contract. Service Consultancy Services for Authority Engineer Details: 4.0 Obtaining the RFP Document and clarifications (ITC-Clause 6) eProcurement https://eproc fill the contact detailsPls and Procuring ure.gov.in/e Entity’s Portal procure/app and helpdesk [Fill in your organisation’s portal URL and helpdesk if the RFP Document download/ submission facility is also provided there]Cost of RFP Rs 5000/- Document (INR) Office/ [Same as TIA above] Contact Person/ email for clarifications 5.0 Pre-Proposal Conference (ITC-clause 7) Is a Pre-Proposal Conference yes proposed to be held? Place, time, and date of the [Fill if it is 'Yes' above and delete the row if it is 'No' Pre-Proposal Conference above. If only a video-conference is to be held, then mention this fact along with credentials of the meeting, e.g., Meeting Link, Meeting Number and Password] Place, time, and date before [Fill if it is ‘Yes’ above and delete the row if it is ‘No’ which Written queries for the above. ] Pre-Proposal conference must be received Place, time, and date before [Fill if it is ‘Yes’ above and delete the row if it is ‘No’ which registration of above] participants for the Pre- Proposal conference must be received 6.0 Preparation and Submission and Opening of Proposals (ITC-clause 8, 9 and 10) Proposals to President of India, Through Head of Procurement, Procuring Entity be addressed to Instructions for All the bidders registered on Infracon shall form a Team on Infracon and which would be assigned unique Infracon Team ID. Bidders while submitting the proposal shall quote the Infracon Team ID. Online All the bidders registered on Infracon shall form a Team on Infracon and which would be assigned unique Infracon Team ID. Bidders while submitting the proposal shall quote the Infracon Team ID. Bid must be submitted online at e-tender portal of <Agency> https://eprocure.gov.in on or before <Time, Date Proposal Submission Language of [English] Bid Validity [120 days Bid Submission from opening date] Proposal [On e-procurement portal(s) mentioned above] Opening Place 7.0 Documents relating to Bid Security (ITC-clause 8.4) and Performance Security (ITC-clause 13.1.2)Bid Security NIL Is Bid Securing yes (EMD) Amount Declaration permitted in INR: in lieu of Bid Security Performance 10% of the Bid/ Performance NA contract Amount Security Security to be addressed/ in favour of Form of Bid/ NA Performance SecurityAppendix-1 to TIS: Eligibly Criteria 1.1 Consultants should meet the following eligibility criteria as of the date of their RFP submission and should continue to meet these until the subsequent RFP process and contract award. Consultants shall be required to demonstrate fulfilment of the Eligibility Criteria in clause 1.2/ Form 1.2 (Eligibility Declarations). Consultant unless otherwise stipulated in: 1) must be: (a) a natural person (an individual Consultant), a private entity (a Consulting Company/ LLP /Partnership firm/ Society registered under an applicable Act in India), a public Entity (Government-owned enterprise or institution), Joint Venture/ Consortium (an association of several persons, firms, or companies - hereinafter referred to as JV/C). (b) a Consultancy Services provider with valid registration regarding GSTIN, PAN, EPF, ESI, Labour, or equivalent registration certificate issued by the concerned authority/government as applicable to the subject Services. 2) must: (a) not be insolvent, in receivership, bankrupt or being wound up, not have its affairs administered by a court or a judicial officer, not have its business activities suspended and must not be the subject of legal proceedings for any of aforesaid reasons. (b) (Including their affiliates, subsidiaries, or contractors/ sub-consultants for any part of the contract): i) Not stand declared ineligible/ blacklisted/ banned/ debarred by the MoF/MoRTH/NHAI/NHIDCL/BRO/PWD from participation in its procurement processes. The applicability of debarment of firm from bidding shall be as per Ministry of finance OM No F.1/20/2018-PPD dated 02.11.2021 and its modification if any, thereof ; and/ or ii) Not be convicted (within three years preceding the last date of RFP submission) or stand declared ineligible/ suspended/ blacklisted/ banned/ debarred by appropriate agencies of the Government of India from participation in procurement processes of all its entities, for:  offences involving moral turpitude in business dealings under the Prevention of Corruption Act, 1988 or any other law; and/or  offences under the Indian Penal Code or any other law for causing any loss of life/ limbs/ property or endangering Public Health during the execution of a public procurement contract and/ or  Suspected to be or of doubtful loyalty to the Country or a National Security risk as determined by appropriate agencies of the Government of India. iii) Not have changed its name or created a new “Allied Entity”, consequent to having declared ineligible/ suspended/ blacklisted/ banned/ debarred as above.(c) Not have an association (as a consultant/ partner/ director/ employee in any capacity) of any retired employee (of Gazetted Rank) or any retired Gazetted Officer of the Central or State Government or its Public Sector Undertakings, if such a retired person has not completed the one- year cooling-off period (or any other period stipulated by their erstwhile Employer) after his retirement. However, this shall not apply if such employees/ officers have obtained a waiver of the cooling-off period from their former organisation.  of the near relations of executives of Procuring Entity involved/ likely to be involved in this procurement process (d) Not have a conflict of interest (as defined in clause 4.5 below), which substantially affects fair competition. No attempt should be made to induce any other consultant to submit or not to submit an RFP to restrict competition. (e) must fulfil any other additional eligibility condition, if any, as may be prescribed in the RFP document. (f) Must fulfil the technical capacity requirements at the time of award. 3) from certain countries shall be eligible subject to certain conditions as detailed in Clause 1.2 below. 4) must provide such evidence of their continued eligibility to the Procuring Entity if requested. 1.2 Eligibility of Consultants from Restricted countries 1.2.1 Restrictions based on Reciprocity. Entities from countries (if so, identified in Section II: Appendix) as not allowing Indian companies to participate in their Government procurement shall not be allowed to participate (directly or as a sub-contractor or as a member of a JV/C) on a reciprocal basis in this RFP process under the “Public Procurement (Preference to Make in India) Order 20171” (MII – para 10 -d) of Department for Promotion of Industry and Internal Trade, (DPIIT). Consultants must apprise themselves of the latest version of this order. 1.2.2 Restrictions Based on Land Borders Order2 (Public Procurement No. 1) issued by the Government of India (Ministry of Finance Department of Expenditure Public Procurement Division) restricting procurement from consultants from certain countries that share a land border with India shall apply to this procurement. Consultants must apprise themselves of the latest version of this order. Any consultant from a country that shares a land border with India3, excluding countries to which the Government of India has extended lines of credit or in which the Government of India is engaged in development projects (as listed on the website of the Ministry of External Affairs4), – hereinafter called ‘Restricted Countries’ shall be 1 No. P-45021/2/2017-PP (BE-II) dated 16th September 2020 2F.N0.6/18/2019-PPD dated 23rd July, 2020 3 https://mea.gov.in/india-and-neighbours.htm 4 http://meadashboard.gov.in/indicators/92Eligible to participate in this RFP, only if the consultant is registered 5 with the Registration Committee constituted by the Department for Promotion of Industry and Internal Trade (DPIIT). Consultants shall enclose the certificate in Form 1 - RFP Form. 1.3 Joint Venture/ Consortium (JV/C)6 1.3.1 In the case where a consultant is or proposes to be a Joint Venture/ Consortium (that is, an association of several persons, firms, or companies - hereinafter referred to as JV/C), then unless otherwise specified in Section II: Appendix, in JV/C: a) members should not be more than four (04) b) no member should have less than 10% participation; c) members having participation between 10% and 20% shall be termed as non-substantial members. d) Members having more than 20% participation shall be termed as substantial members. e) The Lead member must have at least 40% participation. f) The lead member/consultant and various categories of members of the JV/C must be identified. g) Number of non-substantial members shall not be more than one (01) 1.3.2 The JV/C and all members must satisfy all the eligibility requirements in this RFP document. 1.3.3 JV/C and its members must jointly meet the qualification criteria in Section III – Qualification Criteria. The technical/ experience qualification of all JV/C members (substantial members, Lead member and non-substantial members) shall be evaluated jointly as per Evaluation Criteria. However, for financial 5 https://dipp.gov.in/sites/default/files/Revised-Application-Format-for-Registration-of-Consultants- 15Oct2020.pdf 6 the expressions "Joint Venture" or "JV" shall mean a joint venture, association, consortium, or other unincorporated grouping of two or more persons, whether in the form of a partnership or otherwise. Similarly, in the context of Joint Venture as the context permits, the word "leader, is synonymous with the words "representative" and "Lead Partner"; the word "member" is synonymous with the word with "partner”.criteria of qualification, credentials of substantial and lead members (excluding non-substantial members) shall only be considered. 1.3.4 All the members shall be jointly and severally liable for the entire contract if selected in the RFP Process. 1.3.5 In case a Joint Venture of firms, the proposal shall be accompanied by a certified copy of legally binding Memorandum of Understanding (MoU) on a stamp paper of Rs. 100/- signed by all firms to the Joint Venture indicating role and share of the JV partners in the project as per eligibility conditions. 1.4 Conflict of Interest 1.4.1 Any consultant with a conflict of interest that substantially affects fair competition shall not be eligible to participate in this procurement process. RFPs found to have a conflict of interest shall be rejected as nonresponsive. Consultant shall be required to declare the absence of such conflict of interest in Form 1.2 - Eligibility Declarations. A consultant in this procurement process shall be considered to have a conflict of interest if the consultant: a) directly or indirectly controls, is controlled by or is under common control with another Consultant; or b) receives or has received any direct or indirect subsidy/ financial stake from another consultant; or c) has the same correspondence address or same legal representative/ agent as another consultant for purposes of this RFP; or d) has a relationship with another consultant, directly or through common third parties, which puts it in a position to have access to information about or influence the RFP of another Consultant; or e) would be providing goods, works, or non-consulting services resulting from or directly related to consulting services that it provided (or were provided by any affiliate that directly or indirectly controls, is controlled by, or is under common control with that firm) for the procurement planning (inter-alia preparation of feasibility/ cost estimates/ Detailed Project Report (DPR), design/ technical specifications, terms of reference (TOR)/ Activity Schedule/ schedule of requirements or the RFP Document etc) of this procurement process; or f) has a close business or family relationship with a staff of the Procuring Organization who: i) are directly or indirectly involved in the preparation of the RFP document or Terms of Reference of the procurement process and/or the evaluation in RFP process; or ii) would be involved in the implementation or supervision of the resulting contract Any conflict stemming from such a relationship must be reported and resolved in a manner acceptable to the Procuring Entity throughout the RFP processes and execution of the contract.1.4.2 Participation of only One Entity from Affiliates: Only one entity from among a Consultant and its affiliates (that directly or indirectly control or are controlledb y or are under common control with that firm) individually or as part of a joint venture shall be permitted to participate in RFP. 1.4.3 The consultant shall furnish information on commissions and gratuities, if any, paid or to be paid to agents or any other party relating to this RFP process. 1.5 Qualification Criteria:- S. No. Experience of the firm in last 7 years Annual Preparation of DPR Project Turnover*** (NH/SH/Expresswa Supervision/IC y) (NH/SH/Expressw ay) 1 (a). The firm should have The firm should have minimum Annual turnover minimum experience of experience of Project (updated average preparation of detailed Supervision/Independent of last 3 years) Project Report/ Engineer/Consultant of of the firm from Feasibility Study cum Preliminary Design 2/4/6**- laning/Bridge project consultancy Report of 2/4/6**- of aggregate length equal to 3 business related to laning/ Bridge project of times or more of similar category** civil Engineering aggregate length equal for which RFP is invited. projects should be to 2 times or more equal to or of similar category for which RFP is more than invited 3%% of Estimated Project Cost. 1 (b) Firm should also have experience of Project Supervision/ Independent Engineer/ Authority’ Engineer of at least one project of similar category of two/four/six** laning/bridge work of length equal to 40% of project length. Additional requirement in case of specialized projects*** ** Similar project means 2/4/6 lane project of Expressway/NH/SH standards and specification as applicable for the project for which RFP is invited. For 2-lane projects experience of 4/6 lane also to be considered with a multiplication factor of 1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2 lane will be considered with a multiplication factor of 0.4, but only for those 2 lane projects whose cost of consultancy services was more than Rs.3.0 crores. For standalone bridge projects, experience inbridge work (either standalone project or as a part of road project) only be considered. *** In case the project includes any specialized nature of work such as tunnels, specialized structures etc. in substantial quantum, this requirement may be suitably included. Note to Consultant: During RFP Process, while original documents/ certificates are called for to authenticate the qualification claimed, the following may be kept in mind: 1) When a joint venture submits the bid, in that case, all members (other than non-substantial members) in the JV/C must submit their financial statements in order of the member's share in the partnership, greatest to least. The figures of members of a JV/C (other than non-substantial members) shall be added to determine compliance with the minimum financial qualifying criteria. However, for JV/C to qualify, the Lead member must meet at least 40 percent of those minimum criteria for an individual Bidder and other members at least 20% of t he criteria. Failure to comply with this requirement shall result in the rejection of the JV/C's bid. 2) The weightage given for experience of a firm would depend on the role of the firm in the respective assignments. The firm’s experience would get full credit if it was the sole firm in the respective assignment. If the applicant firm has completed projects as JV with some other firms, weightage shall be given as per the JV share***. However if the applicant firm has executed the project as associate/ non substantial partner with some other firms, weightage shall be given as per the Actual share subjected to maximum of 25% to the applicant firm for the projects completed under such association. *** For weightage of experience in any past Consultancy assignment, experience certificate from the client shall be submitted with clear demarcation of JV share in client certificate Annual turnover duly certified by Chartered Accountant shall be accepted. In case of non-availability of such documents no weightage of turnover/experience will be considered. 3) In case the financial figures and values of services provided are in foreign currency current market exchange rate (State Bank of India BC Selling rate as on last date of submission of the bid) will be applied for the purpose of conversion of amount in foreign currency into Indian Rupees. 4) The consultant shall submit the audited balance sheet and/or banking reference and certificate from Statutory Auditor with UDIN certifying that turnover is from civil engineering consultancy business with their RFP proposal. An authorised representative of the consultant must -sign the statement.Section II: Instructions to Consultants (ITC) The RFP Document 1.1. This ‘RFP Document’ Document (hereinafter referred to as ‘the RFP Document’) details the terms and conditions for entering a contract for delivery of the Consultancy Services (hereinafter called ‘the Services’) described in Section VI: “Terms of Reference”. The ‘Services’ may include incidental Goods, Works, and other Services if so indicated. In this RFP Document, any generic reference to ‘Services’ shall be deemed to include such incidental Goods, Works, and other Services. Proposals are invited from the Consultants meeting the criteria (hereinafter called ‘the Consultants') as mentioned RFPL. 1.2 Interpretations, Definitions, Abbreviations and Document Conventions Section IV: General Conditions of Contract (GCC), details tenets of interpretation (GCC- clause 1.1), definitions (GCC-clause 1.2), document conventions (GCC-clause 1.3) and abbreviations (GCC-clause 1.4), which shall also apply to the rest of the RFP Document. 1.3 Overview of Contents 1) Unless otherwise stipulated in AITC, the Sections, Forms and Formats comprising this RFP Document are described in ITC-clauses 1.4, 1.5 and 1.6 below. A separate BOQ file for Financial Proposal on the eProcurement Portal is also part of this RFP Document. Any generic reference to RFP Document shall also imply a reference to any/ all the sections, Forms, Formats and the BOQ file or other files that comprise this RFP Document. 2) Consultants must submit the Proposal in the Forms/ Formats mentioned in ITC- clauses 1.5 and 1.6 below (as relevant). 1.4 Sections of the RFP Document 1.4.1 Sections of the RFP Document Unless otherwise stipulated in AITC, the RFP Document contains the following sections, which are described in subsequent sub-clauses: Section I: Request for Proposal Letter (RFPL) and its Appendix: Tender Information Summary (TIS) Section II: Instructions to Consultants (ITC) Section III: Appendix to Instructions to Consultants (AITC) Section IV: General Conditions of Contract (GCC) Section V: Special Conditions of Contract (SCC) Section VI: Terms of Reference a) Section VI-A: List of Key Experts and Required Qualifications Section VII: Evaluation/ Scoring Criteria1.4.2 Section I: Request for Proposal Letter (RFPL) and its Appendix: Tender Information Summary (TIS) Section I – Request for Proposal Letter (RFPL) and its Appendix – Tender Information Summary (TIS) provides a synopsis of information relevant for a Consultant to decide on participating in the RFP. Consultants must fill up ‘Form T-7: Terms and Conditions - Compliance’ regarding any proposed deviations from this Section. 1.4.3 Section II: Instructions to Consultants (ITC) and Section III: Appendix to Instructions to Consultants (AITC) Section II: “Instructions to Consultants” (ITC), along with Section III: “Appendix to Instructions to Consultants (AITC)”, provides the relevant information as well as instructions to assist the Consultants in preparing their proposals. It also includes the mode and procedure adopted for receipt/ opening, evaluation of Proposals, and contract award. In case of a conflict, provisions of AITC shall prevail over those in the ITC. Any generic reference to ITC shall also imply a reference to AITC as well. Consultants must fill up ‘Form T-7: Terms and Conditions - Compliance’ regarding any proposed deviations from these Sections. 1.4.4 Section IV: General Conditions of Contract (GCC) and Section V: Special Conditions of Contract (SCC) Section IV – General Conditions of Contract (GCC) and Section V – Special Conditions of Contract (SCC) describe the conditions governing the resulting contract. In case of a conflict, provisions of the SCC shall prevail over those in the GCC. Any generic reference to GCC shall also imply a reference to SCC as well. In case of any conflict, provisions of GCC/ SCC shall prevail over those in ITC/ AITC. Consultants must fill up ‘Form T-7: Terms and Conditions - Compliance’ regarding any proposed deviations from terms and conditions in these Sections. 1.4.5 Section VI: Terms of Reference (TOR) and Section VI-A: List of Key Experts andR equired Qualifications Section VI: Terms of Reference describe the background, purpose/ objectives, description/ scope, deliverables/ outcomes, timelines, Procuring Entity’s inputs and counterpart personnel, statutory requirements of Services required etc. Section VI-A: ‘List of Key Experts and Required Qualifications’ describes the team composition, expertise, experience and professional qualifications required for each Key Experts. Any generic reference to TOR shall imply a reference to Section VI-A: ‘List of Key Experts and Required Qualifications’ as well. Consultants must fill up ‘Form T-3: Comments and Suggestions on Terms of Reference, Counterpart Staff, and Facilities to be provided by the Procuring Entity’ regarding these Sections. Regarding this Section, Consultants must fill out Form T-3: Comments and Suggestions on Terms of Reference, Counterpart Staff, and Inputs to be provided by the Procuring Entity.1.4.6 Section VII: Evaluation/ Scoring Criteria 1) Section VII – Evaluation/ Scoring Criteria stipulates the scoring scheme for evaluating various Technical criteria. These may cover scoring of criteria relating to the Consultant’s experience, Technical Approach and Methodology, understanding of requirements, qualification and experience of Key Experts, transfer of knowledge etc. It may also lay down a minimum technical score to qualify for the next stage of Financial Evaluation. In a specific evaluation scheme, instead of a scheme of scoring, a scheme may be laid down to evaluate criteria on a pass/ fail basis. 2) Consultants must fill up the following Forms regarding this Section: a) Form T-2: Consultant’s Organisation and Experience and past performance b) Form 2-A Consultant’s Technical Capacity c) Form T-3: Comments and Suggestions on Terms of Reference, Counterpart Staff, and Inputs to be Provided by the Procuring Entity d) Form T-4: Description of Approach, Methodology and Work Plan in Responding to the Terms of Reference e) Form T-5: Work Schedule and Planning for Deliverables f) Form T-6: Team Composition, Assignment, and Key Experts’ Inputs i) Annex to Form T-6: Key Experts’ Curriculum Vitae (CV) 1.5 Forms (To be filled, digitally signed, and uploaded by Consultants) Please refer to ITC-clause 1.4 above to relate the following forms to the corresponding Sections. 1) Technical Proposal: a) Form T-1: Proposal Form – (To serve as a covering letter to both the Techno- commercial and Financial Proposals) b) Form 1.2- Eligibility Declaration c) Form T-1A: Consultant’s Commercial Information d) Form T-2: Consultant’s Organisation and Experience e) Form T-2A:- Consultant Technical capacity f) Form T-3: Comments and Suggestions on Terms of Reference, Counterpart Staff, and Inputs to be Provided by the Procuring Entity g) Form T-4: Description of Approach, Methodology and Work Plan in Responding to the Terms of Reference h) Form T-5: Work Schedule and Planning for Deliverables i) Form T-6: Team Composition, Assignment, and Key Experts’ Inputs j) Annex to Form T-6: Key Experts’ Curriculum Vitae (CV) k) Form T-7: Terms and Conditions - Compliance l) Form T-8: Checklist for Consultants. The consultant must also upload the Checklist to confirm that he has complied with all the instructions in the RFP Document and that nothing is inadvertently left out. This checklist is only for general guidance, is not comprehensive, and does not absolve the Consultant from complying with all the requirements stipulated elsewhere in the RFP Document.m) Form T-9A: Bank Guarantee Format for Earnest Money Deposit n) Form T-9B: Bid Securing Declaration o) Form T-10: Integrity Pact p) Any other format/ Form if stipulated in AITC or considered relevant by the Consultant. 2) Financial Proposal The financial proposal is to be submitted in a separate file available on the eProcurement Portal. 1.6 Other Formats Format 1: Contract Form (Required after Letter of Award) Appendix A: Terms of Reference Appendix B: Key Experts Appendix C: Remuneration Cost Estimates i) Annex to Appendix C: Breakdown of Agreed Fixed Rates in Consultant’s Contract Appendix D: Reimbursable Expenses Cost Estimates Appendix E-1: Bank Guarantee Format for Performance Security Appendix E-2: Bank Guarantee Format for Advance Payment 2) Format 2: Certification by Prospective Arbitrators 3) Format 3: Authorisation to Attend Pre-Proposal Conference. (To be filled up, if required, by Consultant) Procuring Entity - Rights and Disclaimers 2.1. The Procuring Entity Proposals are to be addressed to the President of India through the Head of Procurement/ Chairman NHAI/ MD NHIDCL, Procuring Entity in the Procuring Organization (headed by the Head of the Procuring Organisation). The Tender Inviting Authority (TIA) is the designated officer for uploading and clarifying this RFP Document. The contract may designate, as required, a counterpart Contract Manager (or Contract Management Team); and Paying authority who shall discharge the designated function during contract execution. 2.2. Right to Intellectual Property and confidentiality: 1) The RFP Document and associated correspondence are subject to copyright laws and shall always remain the property of the Procuring Entity and must not be shared with third parties or reproduced, whether in whole or part, without the Procuring Entity’s prior written consent. 2) However, Consultants may share these to prepare and submit their Proposals with their employees, Sub-consultant(s) or holding Company after obtaining an undertaking of confidentiality similar to that imposed on the Consultant. 3) This condition shall also apply to Consultants who do not submit a Proposal after downloading it or are not awarded a contract. 4) The obligation of the Consultants under sub-clauses above, however, shall not apply 11to information that: a) now or hereafter is or enters the public domain through no fault of Consultant; b) is legally possessed by consultant at the relevant time and was not previously obtained, directly or indirectly, from the Procuring Entity; or c) otherwise lawfully becomes available to Consultant from a third party with no obligation of confidentiality. 5) The provisions of this clause shall survive completion or termination for whatever reason of the Procurement Process or the contract. 2.3. Right to Reject any or all Proposals The Procuring Entity reserves its right to accept or reject any or all Proposals, abandon/ cancel the Procurement Process, and issue another RFP for the same or similar Services before the award of the contract. It would have no liability to the affected Consultant(s) or any obligation to inform them of the grounds for such action(s). 2.4. Disclaimers 2.4.1 Regarding the Purpose of the RFP Document The RFP Document is neither an agreement nor an offer to the prospective Consultant(s) or any other party. The purpose of the RFP Document is to provide the Consultant(s) with information to assist them in participation in this Procurement Process. 2.4.2 Regarding Documents/ guidelines The RFP Document, ensuing communications, and Contracts shall determine the legal and commercial relationship between the Consultants and the Procuring Entity. No other Government or Procuring Entity’s document/ guidelines/ Manuals, including its Procurement Manual (for internal and official use of its officers), notwithstanding any mention thereof in the RFP Document, shall have any locus-standii in such a relationship. Therefore, such documents/ guidelines/ Manuals shall not be admissible in legal or dispute resolution or grievance redressal proceedings. 2.4.3 Regarding Information Provided Information contained in the RFP Document or subsequently provided to the Consultant(s) is on the terms and conditions set out in the RFP Document or subject to which that was provided. Similar terms apply to information provided verbally, in the documentary, or any other form, directly or indirectly, by the Procuring Entity, its employees, or associated agencies. 2.4.4 Regarding RFP Document: 1) The RFP Document does not purport to contain all the information Consultant(s) may require. It may not address the needs of all Consultants. They should conduct due diligence, investigation, and analysis, check the information's accuracy, reliability, and completeness, and obtain independent advice from appropriate sources. Information provided in the RFP Document to the Consultant(s) is on various matters, some of which may depend upon interpreting the law. The information given is not an exhaustive account of statutory requirements and should not be regarded as acomplete or authoritative statement of law. The Procuring Entity, its employees and other associated agencies accept no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein. 2) The Procuring Entity, its employees and other associated agencies make no representation or warranty for the accuracy, adequacy, correctness, completeness or reliability of any assessment, assumption, statement, or information in the RFP Document. They have no legal liability, whether resulting from negligence or otherwise, for any loss, damages, cost, or expense arising from/ incurred/ suffered, howsoever caused, to any person, including any Consultant, on such account. Consultants – Participation in this RFP process 3.1. Eligibility to Participate Consulting firms meeting the eligibility criteria as mentioned in Appendix-1 to Tender Information Summary (TIS) are only eligible for applying for this assignment. Firms not meeting these criteria, need not apply. 4) Participation in only one Proposal: The Consultant shall not participate in more than one Proposal in this RFP Process. Participation in any capacity by a Consultant (including the participation of a Consultant as a Sub-consultant or as a member of a JV/C or vice-versa) in more than one Proposal shall result in the disqualification of all Proposals in which he is a party. A Consultant shall not be allowed to participate both as an individual Consultant and as a part of the joint venture 3.2. Conflict of Interest The Consultant must provide professional, objective, and impartial advice, holding the Procuring Organisation’s interests paramount at all times, and shall not try to get benefits beyond the legitimate payments and credentials in the contract. He should strictly avoid conflicts with other assignments or their corporate interests. Consultants must disclose to the Procuring Entity in Form T-1 ‘Proposal Form (Covering Letter)’ any actual or potential conflict that impacts its capacity to serve the best interest of the Procuring Organisation. Failure to disclose such situations shall be treated as a violation of the Code of Ethics (ITC-Clause 15) and shall attract penalties mentioned therein. Proposals found to have a conflict of interest shall be rejected as nonresponsive. Without limitation on the generality of the preceding, a Consultant in this Procurement Process shall be considered to have a conflict of interest if the Consultant: 1) Conflicting Associations:` a) directly or indirectly controls, is controlled by or is under common control with another Consultant; or b) receives or has received any direct or indirect subsidy/ financial stake from another Consultant; or c) has the same correspondence address or same legal representative/ agent as another consultant for purposes of this proposal; or d) has a relationship with another Consultant, directly or through common third parties, that puts it in a position to have access to information about or 13influence the Proposal of another Consultant or influence the decisions of the Procuring Entity regarding this Procurement Process; or 2) Unfair Competitive Advantage and Conflicting Activities: had (or any of its Affiliates) been engaged by the Procuring Entity to provide goods, works, or services for a project, shall be disqualified from providing consulting services resulting from or directly related to those goods, works, or services. Conversely, a firm (or any of its Affiliates) hired to provide consulting services for the preparation or implementation of a project shall be disqualified from subsequently providing goods or works or services resulting from or directly related to the consulting services for such preparation or implementation. 3) Conflicting Assignments: would (including its Experts and Sub-consultants) or any of its Affiliates) be or are providing consultancy services in another assignment for the same or another Procuring Entity that, by its nature, may conflict with this assignment. 4) Commissions and Gratuities: The Consultant shall disclose any commissions or fees that may have been paid or are to be paid to agents, representatives, or commission agents concerning the selection process or execution and performance of the resulting Contract. The information disclosed must include the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee. 5) Conflicting Relationships: has close business/ family relationship with a staff of the Procuring Organisation who are/ would be directly/ indirectly involved in any of the following activities: a) preparation of the RFP document or TOR of the Procurement Process b) evaluation of Proposals or award of Contract, or c) implementation/ supervision of the resulting Contract The Terms of Reference (TOR) and Form of Contract 4.1. Facilities to be provided by the Procuring Entity All inputs, relevant project data, and reports required for preparing the Consultant’s Proposal shall be included in the TOR. Unless otherwise stipulated in the TOR, utilities or facilities (e.g., Rooms, Furniture, Transport, and Access to IT Services etc.) shall NOT be provided by the Procuring Entity to the Consultant. 4.2. Forms of BOQ/ Contract and Selection Methods Evaluation of Proposals and the resulting Contract shall be based on the form of BOQ/ Contract and the Selection method applicable for the RFP, as elaborated in ITC-Clause 11 and 12 below. 4.2.1 Time-Based (Inputs Admeasurement) form of BOQ/ Contract: Unless otherwise stipulated in the TIS form of BOQ/ Contract shall be ‘Time-Based (Inputs Admeasurement)’. In such contracts, the Consultant shall provide services on a timed basis according to the Terms of Reference. The Consultant’s remuneration shall be determined based on the time spent by the Consultant in carrying out the Servicesbased on (i) agreed-upon unit rates for the Consultant’s experts multiplied by the actual time spent by the experts in executing the assignment and (ii) reimbursable expenses using actual expenses and/or agreed unit prices. 4.2.2 Selection Method 1) Unless otherwise specified in TIS, the selection method applicable in this RFP shall be Quality and Cost Basis Selection (QCBS). If so stipulated in TIS/ AITC following selection methods can also be used in this RFP: a) Least Cost Selection (LCS) b) Fixed Budget Selection (FBS). c) Single Source Selection (SSS) 2) Please refer to ITC-Clause 11 and 12 for details. 4.3. Inputs of Key Experts 4.3.1 Consultant shall not propose alternative Key Experts. Only one CV shall be submitted for each Key Expert position. Failure to comply with this requirement shall make the Proposal non-responsive. 15Proposal Prices, Taxes and Duties 5.1. Prices 5.1.1 Competitive and Independent Prices The prices should be arrived at independently, without restricting competition, any consultation, communication, or agreement with any other Consultant or competitor relating to: i) those prices; or ii) the intention to submit an offer; or iii) the methods or factors used to calculate the prices offered. The prices should not be knowingly disclosed by the Consultant, directly or indirectly, to any other Consultant or competitor before the Financial Proposal opening unless otherwise required by law. 5.1.2 Price Components Consultant shall indicate in the Price Schedule prices/ rates against all the specified components, including the unit prices and total Proposal prices. 5.1.3 Price Schedule Consultants are to upload only the downloaded BOQ (in excel format) after entering the relevant fields without any alteration/ deletion/ modification of other portions of the excel sheet. All the columns in the price schedule should be filled up as required. If any column does not apply to a Consultant, he should clarify the same. Consultants shall fill in rates other than zero value in the specified cells without leaving them blank. The quoted price shall be considered to include all relevant financial implications, including inter-alia the scope of the Services to be delivered and the incidental goods/ works to be supplied, location of the Consultant, site(s) of the delivery of Services, terms of delivery, extant rules and regulations relating totaxes, duties, customs, transportation, environment, labour, Mining & Forest of the Consultant's country and in India. 5.1.4 Provisions of GST Break up of different price elements, i.e., as per GST Act, shall be indicated separately, along with its associated HSN code and GST rate. While quoting the basic rate, the Consultant should offset the input credit available as per the GST A ct. Please refer to ITC-Clause 5.3 for further details. 5.1.5 Currencies of Proposal and Payment 1) Unless otherwise stipulated in the AITC, the Consultant's currency of Proposal and payment shall be quoted entirely in Indian Rupees. All payments shall be made in Indian Rupees only. 2) Where the AITC permits quotations in different currencies, then, for Services performed in or sourced from India, prices shall be quoted in Indian rupees only, and for Services performed from foreign locations, prices shall be quoted in Indian rupees or the currency stipulated in the AITC. For evaluation, all quoted prices shall be converted into Indian Rupees as per the procedure mentioned in ITC-clause 11.4.2 below. 5.1.6 Non-compliance Tenders, where prices are quoted in any other way, shall be rejected as nonresponsive. 5.2. Firm/ Variable Price 5.2.1 Firm Price Unless otherwise stipulated in the AITC, prices quoted by the Consultant shall remain firm and fixed during the currency of the contract and not subject to variation on any account. 5.2.2 Price Variation Clause: 1) In case the RFP Documents require/ permit offers on a variable price basis, the price quoted by the Consultants shall be subject to adjustment during the original delivery period to take care of the changes in the input cost of labour, material, and fuel/ power components under the price variation formula as stipulated in the RFP Document. 5.3. Taxes The Consultant and its Sub-consultants and Experts are responsible for meeting all tax liabilities arising from the Contract. 175.3.1 GST Registration Status: 1) All the Consultants should ensure that they are GST compliant and that their quoted tax structure/ rates are as per GST Act/ Rules. Consultants should be registered under GST and furnish a GSTIN number and GST Registration Certificate in their offer unless they are specifically exempted from registration under a specific notification/ circular/ section/ rule issued by statutory authorities. 2) GST Registration Number (15-digit GSTIN). If the Consultant has multiple business verticals in a state and has separate registration for each vertical, the GSTIN of each vertical concerned with the service delivery shall be quoted. If the services provided are from multiple states, the Consultant should mention GST registration numbers for each state separately. 3) Composition scheme: If the Consultant has opted for a composition levy under Section 10 of CGST, he should declare the fact while bidding along with GSTIN and GST registration certificate. 4) Exemption from Registration: If a Consultant is not liable to take GST registration, i.e., having turnover below threshold, he shall submit undertaking/ indemnification against tax liability. Consultant claiming exemption in this respect shall submit a valid certificate from practicing Chartered Accountant (CA)/ Cost Accountant with Unique Document Identification Number (UDIN) to the effect that Consultant fulfils all conditions prescribed in notification exempting him from registration. Such Consultant/ dealer shall not charge any GST and/ or GST Cess in the bill/ invoice. In such case, applicable GST shall be deposited under Reverse Charge Mechanism (RCM) or otherwise as per GST Act by the Procuring Entity directly to concerned authorities. The consultant should note that his offer would be loaded with the payable GST under the RCM. Further, the Consultant should notify and submit to the Procuring Entity within 15 days of becoming liable for registration under GST. 5.3.2 HSN Code and GST Rate: 1) If provided in this RFP Document, the HSN (Harmonized System of Nomenclature) code shall be only indicative. It shall be the responsibility of the Consultant to ensure that they quote the exact HSN Code and corresponding GST rate for each activity of the Services being offered by them a) As per the GST Act, the Proposal and contract must show the GST Tax Rates (and GST Cess if applicable) and GST Amount explicitly and separately from the Proposal/ contract price (exclusive of GST). 2) Applicability to Imported Goods/ Services: If imported into India, the supply of commodities, services, or both shall be considered as supply under inter-state commerce/ trade and shall attract integrated tax (IGST). The IGST rate and GST cessshall be applicable on the ‘Custom Assessable Value’ plus the ‘Basic Customs duty applicable thereon’. 5.4. Payments 5.4.1 General Unless otherwise stipulated in AITC, the usual payment term is 100% on delivery and acceptance of Services at ‘the Site’ by the Procuring Entity and production of all required documents. However, periodic “On Account” payments shall be made unless otherwise stipulated as per the procedure laid down in GCC. 5.4.2 No Advance Payments Unless otherwise stipulated in AITC, the Procuring Entity shall make no advance payment of any type (Mobilization, secured advances, etc.). If AITC does stipulate advance payments, these shall be subject to conditions stipulated therein. Downloading the RFP Document; Corrigenda and Clarifications 6.1. Downloading the RFP Document The RFP document can be downloaded as per the details given in RFPL clause 2.2. 6.2. Corrigenda/ Addenda to RFP Document 1) Before the deadline for submitting Proposals, the Procuring Entity may update, amend, modify, or supplement the information, assessment or assumptions contained in the RFP Document by issuing corrigenda and addenda. The corrigenda and addenda shall be published in the same manner as the original RFP Document. Without any liability or obligation, the Portal may send intimation of such corrigenda/ addenda to Consultants who have downloaded the document under their login. However, the Consultants must check the website(s) for any corrigenda/ addenda. Any corrigendum or addendum thus issued shall be considered a part of the RFP Document. 2) To give reasonable time to the prospective Consultants to take such corrigendum/ addendum into account in preparing their Proposals, the Procuring Entity may suitably extend the deadline for the Proposal submission as necessary. After the procuring entity makes such modifications, any Consultant who has submitted his Proposal in response to the original invitation shall have the opportunity to either withdraw his Proposal or re-submit his Proposal superseding the original Proposal within the extended time of submission as per ITC-clause 9.4.1 below. 3) The Procuring Entity may extend the deadline for the RFP submission by issuing an amendment. In this case, all rights and obligations of the Procuring Entity and the consultants previously subject to the original deadline shall then be subject to the new deadline for the RFP submission. 6.3. Clarification of the RFP Document As detailed in RFPL clause 2.3, a Consultant requiring any clarification regarding the RFP Document may seek clarification through the eProcurement Portal. The Procuring 19Entity shall respond no later than seven days before the deadline for RFP submission. The query and clarification shall be shared with all Consultants on the portal without disclosing its source. If a modification of the RFP document is warranted due to such clarification, an addendum/ corrigendum shall be issued as per ITC-Clause 6.2 above. Pre-Proposal Conference 1) If a Pre-Proposal conference is stipulated in the TIS, prospective Consultants interested in participating in this tender may attend a Pre-Proposal conference to clarify the techno- commercial conditions of the RFP at the venue, date and time specified therein. 2) Participation is not mandatory: However, if a Consultant chooses not to (or fails to) participate in the Pre-Proposal conference or does not submit a written query, it shall be assumed that they have no issues regarding the techno-commercial conditions. 3) The date and time by which the written queries for the Pre-Proposal must reach the authority and the last date for registration for participation in the Pre-Proposal conference are also mentioned in the TIS. If the dates are not mentioned, such date and time shall be 7 days before the date and time of the pre-Proposal conference. 4) Delegates participating in the Pre-Proposal conference must provide a photo identity and an authorization letter as per Format 3: "Authorization to attend a Pre-Proposal Conference" from their Company/ principals; else, they shall not be allowed to participate. The pre-Proposal conference may also be held online at the discretion of the Procuring Entity. 5) After the Pre-Proposal Conference, Minutes of the Pre-Proposal conference shall be published on the Procuring Entity’s portal within seven days from the Pre-Proposal Conference. If required, a clarification letter and corrigendum to RFP Document shall be issued, containing amendments to various provisions of the RFP Document. As per ITC-clause 6.2 above, to give reasonable time to the prospective Consultants to consider such clarifications in preparing their Proposals, the Procuring Entity may suitably extend, as necessary, the deadline for the Proposal submission. Preparation of Proposals 8.1. The Proposal 8.1.1 Language of the Proposal Unless otherwise stipulated in the AITC, the Proposal submitted by the Consultant and all subsequent correspondence and documents relating to the Proposal exchanged between the Consultant and the Procuring Entity shall be written in the language specified in the AITC /SCC (hereinafter referred to as the ‘Proposal Language’. If nothing is specified, the language shall be English). However, the language of any printed literature furnished by the Consultant in connection with its Proposal may be written in any other language provided a certified translation accompanies it in the Proposal language. For purposes of interpretation of the Proposal, translation in the language of the Proposal shall prevail.8.1.2 Acquaintance with Local Conditions and Factors At his own cost, responsibility, and risk, the Consultant is encouraged to visit, examine, and familiarise himself with the local conditions and factors. The Consultant acknowledges that before the submission of the Proposal, he has, after a complete and careful examination, made an independent evaluation of the local conditions, infrastructure, logistics, communications, legal, environmental, and any other conditions or factors which would have any effect on the performance of the contract. Consultants shall be responsible for compliance with Rules, Regulations, Laws and Acts in force from time to time at relevant places. On such matters, the Procuring Entity shall have no responsibility and not entertain any request from the Consultants. 8.1.3 Cost of preparation and submission of Proposals The Consultant(s) shall bear all direct or consequential costs, losses and expenditures associated with or relating to the preparation, submission, and subsequent processing of their Proposals, including but not limited to preparation, copying, postage, delivery fees, expenses associated with any submission of samples, demonstrations, or presentations which the Procuring Entity may require, or any other costs incurred in connection with or relating to their Proposals. All such costs, losses and expenses shall remain with the Consultant(s), and the Procuring Entity shall not be liable in any manner whatsoever for the same or any other costs, losses and expenses incurred by a Consultant(s) for participation in the Procurement Process, regardless of the conduct or outcome of the Procurement Process. 8.1.4 Interpretation of Provisions of the RFP Document The RFP document's provisions must be interpreted in the context in which these appear. Any interpretation of these provisions far removed from such context, contrived, or between-the-lines interpretation is unacceptable. 8.1.5 Alternate Proposals are not allowed. Unless otherwise stipulated in the AITC, conditional offers, alternative offers, and multiple Proposals by a Consultant shall not be considered. The Portal shall permit only one Proposal to be uploaded. 8.2. Documents comprising the Proposal: 8.2.1 Techno-commercial Proposal/ Cover "Technical Proposal" shall include inter-alia the scanned copies of duly signed or digitally signed copies of forms as per ITC-Clause 1.6 in pdf format. The Technical Proposal shall not include any financial information. A Technical Proposal containing material financial information shall be declared non-responsive. 8.2.2 Financial Proposal/ Cover "Financial Proposal" shall comprise the Price Schedule (Submitted separately as an excel sheet) available on the eProcurement Portal. Any additional information may be uploaded as a pdf under "Additional Documents" in the "Proposal Cover Content." It should be filled considering all financially relevant details, including Taxes and Duties, 21as per ITC-clause 5.3. It shall list all costs associated with the assignment, including (a) remuneration for Key Experts and Non-Key Experts, (b) reimbursable expenses in the RFP Document. No additional technical details which have not been brought out in the Technical Proposal shall be brought out in the Financial Proposal. A Financial Proposal containing material Technical Information not disclosed in the Technical Proposal shall be declared non-responsive. 8.3. Proposal Validity 1) Unless specified to the contrary in the TIS, Proposals shall remain valid for a period not less than 90120 days from the deadline for the Proposal submission stipulated in TIS. A Proposal valid for a shorter period shall be rejected as nonresponsive. 2) In case the day upto which the Proposals are to remain valid falls on/ subsequently declared a holiday or closed day for the Procuring Entity, the Proposal validity shall automatically be deemed to be extended upto the next working day. 3) In exceptional circumstances, before the expiry of the original time limit, the Procuring Entity may request the Consultants to extend the validity period for a specified additional period. The request and the Consultants' responses shall be made in writing or electronically. a) The Consultant has the right to refuse to extend the validity of its Proposal, in which case such Proposal shall not be further evaluated. b) If the Consultant agrees to extend the validity of its Proposal, it shall be done without any change in the original Proposal and with the confirmation of the availability of the Key Experts. c) If any Key Experts become unavailable for the extended validity period, the Consultant shall seek permission to substitute another Key Expert. The Consultant shall provide adequate written justification and evidence to the Procuring Entity with the substitution request. In such case, a substitute Key Expert shall have equal or better qualifications and experience than the originally proposed one. The technical evaluation score, however, shall remain based on the evaluation of the CV of the original Key Expert. d) If the Consultant fails to provide a substitute Key Expert with equal or better qualifications, or if the provided reasons for the replacement or justification are unacceptable to the Procuring Entity, such Proposal shall be rejected. 8.4. Bid Security - Related Documents 1) EMD/ BSD as Bid Security: The Consultant shall provide Bid Security as Earnest Money Deposit (EMD) for the amount shown in the TIS (or if permitted in TIS, a Bid Securing Declaration as Form T-9B in lieu of EMD). 2) Modalities of EMD: Unless otherwise provided in TIS, the earnest money shall be denominated in Indian Rupees. Wherever relevant, it shall be in favour of the Account specified in TIS and shall be furnished in one of the following modalities valid for forty-five days beyond the validity of the proposal: a) E- Bank Guarantee b) Insurance Surety Bondsc) Account Payee Demand Draft or d) Fixed Deposit Receipt or e) Banker’s cheque f) Bank Guarantee from/ confirmed by any of the commercial banks in the format specified in Form T-9A, or g) Payment online in an acceptable form 3) Forfeiture of EMD (Enforcement of BSD): EMD shall be forfeited (or in case BSD is permitted, the declaration2 shall be enforced from the date of such decision) if the Consultant breaches any of the following obligation(s) under the RFP: (a) withdraws or amends his Proposal or impairs or derogates from the Proposal in any respect within the period of validity of its Proposal; or (b) after having been notified within the period of Proposal validity of the acceptance of his Proposal by the Procuring Entity: i) refuses to or fails to submit the original documents for scrutiny or the required Performance Security within the stipulated time as per the RFP document's conditions. ii) fails or refuses to sign the contract. 4) Return of EMD (Expiry of BSD): Unsuccessful Consultants’ EMD shall be returned to them without any interest (or if BSD is permitted, it shall stand expired) not later than thirty days after the conclusion of the resultant contract. Successful Consultant’s EMD shall be returned without any interest (or if BSD is permitted, it shall stand expired) after receipt of performance security from them. Signing and Uploading Proposals 9.1. Relationship between Consultant and eProcurement Portal The Procuring Entity is neither a party nor a principal in the relationship between the Consultant and the organisation hosting the e-procurement portal (hereinafter called the Portal). Consultants must comply with the rules, regulations, procedures, and implied conditions/ agreements of the eProcurement portal, including registration, compatible Digital Signature Certificate (DSC) etc. Consultants shall settle clarifications and disputes, if any, regarding the Portal directly with them. In case of conflict between provisions of the Portal with the RFP Document, provisions of the Portal shall prevail. Consultants may study the resources provided by the Portal for Consultants. 9.2. Signing of Proposal The individual signing/ digitally signing the Proposal or any other connected documents should submit an authenticated copy of the document(s), which authorizes the signatory 2 The BSD provides for automatic suspension of the Consultant (all members individually and jointly in case of JV/C) from being eligible for bidding in any procurement in the Ministry/ Department of Procuring Organization for 2 years from the date of such enforcement. 23to commit and submit Proposals on behalf of the Consultant along with Form T-1: Proposal Form (Covering Letter). 9.3. Submission/ uploading of Proposals. 9.3.1 Submission/ Uploading to the Portal Further to details mentioned in RFPL clause 6: 1) Proposals must be uploaded on the eProcurement Portal mentioned in the TIS until the deadline for the Proposal submission as notified therein. If the office happens to be closed on the deadline to submit the Proposal as specified above, this deadline shall not be extended. No manual Proposals shall be made available or accepted for submission. Proposals submitted through modalities other than those stipulated in TIS shall be liable to be rejected as nonresponsive. 2) In the case of downloaded documents, the Consultant must not make any changes to the contents of the documents while uploading, except for filling in the required information– otherwise, the Proposal shall be rejected as nonresponsive. Uploaded Pdf documents should not be password protected. Consultants should ensure the clarity/ legibility of the scanned documents uploaded by them. 3) The date and time of the e-Procurement server clock (also displayed on the dashboard of the consultants) shall be the reference time for deciding the closing time of the Proposal submission. Consultants are advised to ensure they submit their Proposal within the deadline of submission, taking the server clock as a reference, failing which the portal shall not accept the Proposal. No request on the account that the server clock was not showing the correct time and that a particular consultant could not submit their Proposal because of this shall be entertained. Failure or defects on the internet or heavy traffic at the server shall not be accepted as a reason for a complaint. The Procuring Entity shall not be responsible for any failure, malfunction or breakdown of the electronic system used during the e-Tender process. 4) Only one copy of the Proposal can be uploaded, and the Consultant shall digitally sign all statements, documents, and certificates uploaded by him, owning sole and complete responsibility for their correctness/ authenticity as per the IT Act 2000 as amended from time to time. A proposal submitted by a Joint Venture shall be digitally signed by an authorized representative with a written power of attorney signed by each member’s authorized representative to legally bind all members. 5) Unless otherwise instructed in the RFP Document, the consultant need not sign or up-load the Sections in ITC-clause 1.4 above while uploading his Proposal. However, they must declare in his Proposal Form (Form T-1: Proposal Form) that they have read, understood, complied with, and stand bound by all requirements of these sections: 6) Unless otherwise specified, in TIS, originals of the EMD/ Bid Security instrument must be physically submitted sealed in double cover and acknowledgement be obtained before the bid submission deadline at the venue mentioned in TIS. Failure to do sois likely to result in the bid being rejected. If the office is closed on the deadline for such physical submission, the physical submission deadline shall stand extended to the next working day at the same time and venue. 7) The Procuring Entity reserves its right to call for verification, at any stage of evaluation, especially from the successful Consultant(s) before the issue of a Letter of Award (LoA), originals of uploaded scanned copies of documents (in the RFP stages). If a consultant fails at that stage to provide such originals or, in case of substantive discrepancies in such documents, it shall be construed as a breach of the Code of Integrity (see clause 15 below). Such RFP proposals shall be liable to be rejected as nonresponsive and other punitive actions for such a breach. 8) Regarding the protected Price Schedule (excel format, Cover-2), the Consultant shall only enter his name in the space provided in the specified location. Consultant shall type rates in the figure only in the rate column of respective service(s) without any blank cell or Zero values in the rate column, without any alteration/ deletion/ modification of other portions of the excel sheet. If space is inadequate, the Consultant may upload additional documents under "Additional Documents" in the "Proposal Cover Content." 9) All Proposals uploaded by the Consultant to the portal shall get automatically encrypted. The encrypted Proposal can only be decrypted/ opened by the authorised persons on or after the due date and time. The Consultant should ensure the correctness of the Proposal before uploading and take a printout of the system- generated submission summary to confirm the successful Proposal upload. 10) The selected bidder shall use he Link Data Lake Portal' available on website to communicate with Authority and EPC Contractor correspondence. 11) No Physical document shall be accepted unless and until the same is specifically stated so in Ithe RFP or it is a legal requirement 9.3.2 Implied acceptance of procedures by Consultants Submission of Proposal in response to the RFP Document is deemed to be acceptance of the procedures and conditions of e-Procurement and the RFP Document. 9.4. Modification, Resubmission and Withdrawal of Proposals 9.4.1 Modification & Resubmission Once submitted in e-Procurement, the Consultant cannot view or modify his Proposal since it is locked by encryption. However, resubmission of the Proposal by the Consultants for any number of times superseding earlier Proposal(s) before the submission date and time is allowed. Resubmission of a Proposal shall require uploading all documents, including the financial Proposal, afresh. The system shall consider only the last Proposal submitted. 9.4.2 Withdrawal 1) The Consultant may withdraw his Proposal before the Proposal submission deadline, and it shall be marked as withdrawn and shall not get opened during the Proposal 25opening. 2) No Proposal should be withdrawn after the Proposal submission deadline and before the Proposal validity period expires. If a Consultant withdraws the Proposal during this period, the Procuring Entity shall be within its right to forfeit the Bid Security (or enforce the Bid Securing Declaration, if it was allowed in lieu of Bid Security), in addition to other punitive actions provided in the RFP Document for such misdemeanour as per clause 8.4 above. Proposal Opening The Proposals shall be opened on or after the date & time of the opening stipulated in TIS. Proposals cannot be opened before the specified date & time, even by the Tender Inviting Officer, the Procurement Officer, or the Publisher. If the specified date of Proposal opening falls on is subsequently declared a holiday or closed day for the Procuring Entity, the Proposals shall be opened at the appointed time on the next working day. Evaluation of Proposals and Award of Contract 11.1. General norms 11.1.1 Evaluation is based only on declared criteria. 1) The evaluation shall be based upon scrutiny and examination of all relevant data and details submitted by the Consultant in its/ his Proposal and other allied information deemed appropriate by Procuring Entity. Evaluation of Proposals shall be based only on the criteria/ conditions included in the RFP Document. The Selection Method to be used for evaluation shall be QCBS as mentioned in the TIS. 2) The determination shall not consider the qualifications of other firms, such as the consultant's subsidiaries, parent entities, affiliates, or any other firm(s) different from the consultant. 3) Consultants planning to subcontract any Key Activities indicated in Section VI: terms of Reference and its sub-sections must ensure compliance with ITC-Clause 3 above. 4) Information relating to the evaluation of RFPs and evaluation results shall not be disclosed to any participant or any other persons not officially concerned with such process until the notification of shortlisting is made in accordance with clause 13.1 below. 11.1.2 Deviations/ Reservations/ Omissions - Substantive or Minor During the evaluation of Proposals, the following definitions apply: a) “Deviation” is a departure from the requirements specified in the RFP Document; b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirements specified in the RFP Document; and c) “Omission” is failing to submit part or all of the information or documentation required in the RFP Document.A deviation/ reservation/ omission from the requirements of the RFP Document shall be considered a substantive deviation as per the following norm, and the rest shall be considered a Minor deviation: a) which affects in any substantive way the scope, quality, or performance standards of the Services; b) which limits in any substantive way, inconsistent with the RFP Document, the Procuring Entity's rights, or the Consultant's obligations under the contract; or c) Whose rectification would unfairly affect the competitive position of other Consultants presenting substantively responsive Proposals. The decision of the Procuring Entity shall be final in this regard. Proposals with substantive deviations shall be rejected as nonresponsive. Variations, deviations, and other offered benefits (Techno-commercial or Financial) above the scope/ quantum of Services stipulated in the RFP Document shall not influence evaluation Proposals. If the Proposal is otherwise successful, such benefits shall be availed by the Procuring Entity, which would become part of the contract. The Procuring Entity reserves the right to accept or reject Proposals with minor deviations. Wherever necessary, the Procuring Entity shall convey its observation as per ITC-clause 11.1.3 below on such ‘minor’ issues to the Consultant by registered/ speed post/ electronically etc., asking Consultant to respond by a specified date. If the Consultant does not reply by the specified date or gives an evasive reply without clarifying the point at issue in clear terms, that Proposal shall be liable to be rejected as nonresponsive. 11.1.3 Clarification of Proposals and shortfall documents 1) During the evaluation of Techno commercial or Financial Proposals, the Procuring Entity may, at its discretion, but without any obligation to do so, ask the Consultant to clarify its Proposal by a specified date. The consultant should answer the clarification within that specified date (or, if not specified, 7 days from receiving such a request). The request for clarification shall be submitted in writing or electronically, and no change in prices or substance of the Proposal shall be sought, offered, or permitted that may grant any undue advantage to such Consultant. Any clarification submitted by a Consultant regarding its Proposal that is not in response to a request by the Purchasing Entity shall not be considered. 2) The Procuring Entity reserves its right to, but without any obligation to do so, seek any shortfall information/ documents only in case of historical documents which pre- existed at the time of the Proposal Opening and which have not undergone change since then and do not grant any undue advantage to any Consultant. There is a provision on the portal for requesting Short-fall documents from the Consultants. The system allows taking the shortfall documents from consultants only once after the technical Proposal opening. 273) If the consultant fails to provide satisfactory clarification and/or missing information, its RFP shall be evaluated based on available information and documents. 11.1.4 Contacting Procuring Entity during the evaluation From Proposal submission to awarding of the contract, no Consultant shall contact the Procuring Entity on any matter relating to the submitted Proposal. If a Consultant needs to contact the Procuring Entity for any reason relating to this tender and/ or its Proposal, it should do so only in writing or electronically. Any effort by a Consultant to influence the Procuring Entity during the processing of Proposals, evaluation, Proposal comparison or award decisions shall be construed as a violation of the Code of Integrity, and the Proposal shall be liable to be rejected as nonresponsive in addition to other punitive actions for violation of Code of Integrity as per the RFP Document. 11.2. Evaluation of Proposals 11.2.1 Preliminary Examination of Proposals - Determining Responsiveness A substantively responsive Proposal is complete and conforms to the RFP Document's essential terms, conditions, and requirements without substantive deviation, reservation, or omission. Proposals with substantive techno-commercial deviations or other essential aspects of the RFP shall be rejected as nonresponsive. Only substantively responsive Proposals shall be considered for further evaluation. Procuring entity reserves its right to consider and allow minor deviations in technical and Commercial Conditions. Unless otherwise stipulated in the AITC, the following are some of the crucial aspects for which a Proposal shall be rejected as nonresponsive: 1) The Proposal is not in the prescribed format or is not submitted as per the stipulations in the RFP Document. 2) Failure to provide and/ or comply with the required information, instructions etc., incorporated in the RFP Document or evasive information/ reply against any such stipulations. 3) Required Bid Security (EMD) (or Bid Securing Declaration BSD if permitted) has not been provided. 4) Consultant no longer complies with the eligibility criteria in the RFP; 5) The Services offered are not eligible as per the provision of this tender. 6) The consultant has quoted conditional Proposals or more than one Proposal or alternative Proposals unless permitted explicitly in the AITC. 7) The Proposal validity is shorter than the required period. 8) The Proposal departs from the essential requirements stipulated in the bidding document; 9) The consultant has quoted ‘Nil’ Service charges/ margin/overhead over the minimum wages in Personnel Deployment Schedule. 10) Non-submission or submission of illegible scanned copies of stipulated documents/ declarations11) Furnishing wrong and/ or misguiding data, statement(s) etc. In such a situation, besides rejecting the Proposal as nonresponsive, it is liable to attract other punitive actions under relevant provisions of the RFP Document for violating the Code of Integrity. 11.2.2 The evaluation process Unless otherwise stated, only the techno-commercial Proposals shall be opened on the stipulated date of opening of Proposals. After that, the techno-commercial evaluation shall ascertain whether these Proposals meet the requirements of the Terms of Reference, Technical Criteria and Minimum Score. Subsequent opening of financial Proposals and financial evaluation shall be done only of Proposals declared successful in techno-commercial evaluation. The evaluators of the Technical Proposals shall have no access to the Financial Proposals until the technical evaluation results are declared and financial proposals are opened. 11.3. Techno-commercial Evaluation 11.3.1Evaluation of Technical Proposals/ Score 1) Procuring Entity shall evaluate the Technical proposal and assign scores as per the Scheme of criteria and sub-criteria as laid down in ‘Section VII: Evaluation/ Scoring Criteria’. This determination shall, inter-alia, consider the Consultant’s (i) “Specific experience of the Consultant (as a firm) relevant to the Assignment”; ii) “Adequacy and quality of the proposed methodology, and work plan”; iii) “Key Experts’ qualifications and competence for the Assignment”. 2) In the case of JV/C, the evaluation of the Technical proposal shall include the credentials of all members, including non-substantial members. 3) If it is established that any Key Expert nominated in the Consultant’s Proposal was included in the Proposal without his/her confirmation, such Proposal shall be disqualified and rejected for further evaluation and shall be treated as a violation of the Code of Ethics and would be liable for penalties thereunder. 4) All Key Experts (including the Team Lead) must meet the minimum requirements specified in Section VI-A: List of Key Experts and Required Qualifications. If any Key Expert fails to meet these minimum requirements, his score shall be evaluated as Nil. If any Key Expert or Team Lead of the successful consultant scores less than the 50% 75% the maximum score, Procuring Entity shall be entitled to ask for a better replacement before the negotiations as per ITC-Clause 12 below. 11.3.2 Evaluation of Conformity to Commercial and Other Clauses Consultants must comply with all the Commercial and other clauses of the RFP Document as per submissions in Form T-7: ‘Terms and Conditions – Compliance’. The Procuring Entity shall also evaluate the commercial conditions quoted by the Consultant to confirm that all essential terms and conditions stipulated in the RFP Document have been accepted without substantive omissions/ reservations/exceptions/ deviation by the Consultant. Deviations from or objections or reservations to critical provisions such as 29those concerning (but not limited to) Governing laws and Jurisdiction (GCC Clause 3), Consultant’s Obligations and Restrictions of its Rights (GCC Clause 5), Performance Bond/ Security (GCC Clause 5.8), Force Majeure (GCC Clause 9.6), Taxes & Duties (GCC Clause 10.2), and Code of Integrity (GCC Clause 13) shall be deemed to be a substantive deviation and treated as unresponsive as per clause 11.1.2 (3) above. 11.3.3 Evaluation of Techno-commercially Suitable Consultants and Opening Financial Proposals Each responsive Proposal shall be given a technical score applying the evaluation criteria, sub-criteria, and scoring system specified in Section VII: Evaluation/ Scoring Criteria. A Proposal shall be rejected if it fails to achieve the minimum 80% technical score. Proposals that succeed in the above techno-commercial evaluation shall be considered techno-commercially suitable. The list of such techno-commercially suitable Consultants shall be declared on the Portal announcing a date/time and venue for opening their financial Proposals (not less than 10 days from this declaration, in linew ith ITC-Clause 14 below). The Procuring Entity shall notify all Consultants whether their proposal was found responsive/ non-responsive to the RFP and TOR and whether they met the minimum qualifying technical score. Financial proposals of successful Consultants only shall be opened online. The financial proposals of unsuccessful Consultants shall remain encrypted and unopened. 11.4. Financial Proposals Evaluation and Ranking of Proposals 11.4.1Financial Proposals Evaluation 1) Financial Proposals of all Techno-commercially suitable Proposals are evaluated based on the selection method declared in the RFP Document (LCS/QCBS/FBS) and ranked accordingly. The financial proposal will be in 2 parts consisting of (i) the amount of Performance Bank Guarantee offered by the bidder, (ii) the financial quote of the services quoted by the bidder. 2) Unless otherwise stipulated, the evaluation of prices shall be on total outgo from the Procuring Entity’s pocket, to be paid to the Consultant or any third party, including all elements of costs as per the terms of the proposed contract, duly delivered, as the case may be, including any taxes, duties, levies etc. 3) In the case of JV/C, the financial credentials of non-substantial members shall not be considered in the financial evaluation. 4) As per policies of the Central Government, from time to time, the Procuring Entity reserves its option to give purchase preferences to eligible categories of Consultants as indicated in the RFP Document. 5) evaluation of Proposals shall include and consider the following taxes/ duties, as per ITC-clause 5.3 above: a) in the case of Services performed in India or incidental goods of foreign origin already located in India, GST & other similar duties shall be contractually payable on the Services and incidental Goods if a contract is awarded to the Consultant; b) The offers shall be evaluated based on the GST rate quoted by eachConsultant, and the same shall be used for determining the inter-se ranking. The Procuring Entity shall not be responsible for any misclassification of the HSN number or incorrect GST rate quoted by the Consultant. Any increase in GST rate due to misclassification of HSN number shall have to be absorbed by the supplier; and c) If GST is quoted extra but with the provision that it shall be charged as applicable at the time of delivery, the offer shall be evaluated for comparison purposes by loading the maximum existing rate of GST for the product/ HSN code. d) If a bidder enters “zero/blank” GST or an erroneous GST, the financial evaluation will be done considering the “Zero” or quoted GST rate, as the case may be. In cases where the successful bidder quotes the wrong GST rate for releasing the order, the following methodology will be followed: i) If the actual GST rate applicable is lower than the quoted GST rate, the actual GST rate will be added to the quoted basic prices. The final cash outflow will be based on the actual GST rate. ii) If the actual GST rate applicable is more than the quoted GST rate, the basic prices quoted will be reduced proportionately, keeping the final cash outflow the same as the overall quoted amount. 6) Correction Errors/ adjustments: a) Loading for Deviations: Unless announced beforehand, the quoted price shall not be loaded based on deviations in commercial conditions. If it is so declared, such loading of a financial Proposal shall be done as per the relevant provisions; b) Discrepancies between Technical and Financial Proposal: i) Activities and items described in the Technical Proposal but not priced in the Financial Proposal shall be assumed to be included in the prices of other activities or items, and no corrections are made to the Financial Proposal. ii) If a Lump-Sum contract selection method is declared in the RFP, the Consultant is deemed to have included all prices in the Financial Proposal, so neither arithmetical corrections nor price adjustments shall be made. iii) If a Time-Based contract selection method is declared in the RFP, in case of discrepancy between the Technical and Financial Proposals in indicating quantities of input, any higher quantities in Technical Proposal shall prevail, and the quoted total prices shall be assumed to apply to this higher quantum. The unit rate for such activity shall be accordingly adjusted. No such correction shall be done if quantities are lower in the Technical proposal. c) Discounts and Rebates: If any Consultant offers conditional discounts/ rebates in his Proposal or suo-motu discounts and rebates after the Proposal Opening (techno-commercial or financial), such rebates/ discounts shall not 31be considered for ranking the offer. But if such a Consultant gets selected as per the selection method, without discounts/ rebates, such discounts/ rebates shall be availed and incorporated in the contracts; d) Price Variation: If the tenders have been invited on a variable price basis, the tenders shall be evaluated, compared, and ranked based on the position as prevailing on the last deadline for techno-commercial Proposal submission and not on any future date. 7) Ambiguous Financial Proposal: If the financial Proposal is ambiguous and leads to two equally valid total price amounts, it shall be rejected as nonresponsive. 8) Time-Based (Input Admeasurement) Contracts: The Consultant’s Proposal must include the Key Experts’ time-input person-months not less than the minimum specified in Section VI-A: List of Key Experts and Required Qualifications. a) Minimum Time Inputs: if a Proposal includes less or more than the required minimum person-month time input, the proposal shall be considered as per sub-clause 6. b)-iii) above for that key-position b) The proposal shall be evaluated based on remuneration cost plus reimbursable expenses as quoted by the consultants in the prescribed financial forms. The travel expense (TA/DA for authorized travel outside the home station) shall be reimbursed by the Procuring Entity on an actual basis. It shall be limited to the entitlement in Appendix D to the Contract Form. Therefore, travel expenses (TA/DA for authorized travel outside the home station) need not be quoted in the financial proposal for evaluation. 9) Quality and Cost-Based Selection (QCBS): In the case of QCBS, the total score is calculated by 60% weightage to the technical, 20 % Weightage to the performance security Quoted by the bidder and 20% weightage to financial quote submitted by bidder and adding them to obtain a combined QCBS (Technical cum Financial) score, as explained in the sub- clauses below. The proposal obtaining the highest total combined score in evaluating quality and cost will be ranked as H-1, followed by the proposals securing lesser marks as H-2, H-3 etc. The proposal securing the highest combined marks and ranked H-1 will be invited for negotiations as per ITC-Clause 12 below. If two or more bids have the same highest score in the final ranking, the bid with a higher financial score will be H-1. a) The Technical Proposals are given an absolute technical score (Ta out of max 100) based on the evaluation criteria in Section VII: Evaluation/ Scoring Criteria. However, to normalise this w.r.t. Financial Score Sf below, a relative Technical Score (St) based on their relative ranking shall be calculated. Thehighest evaluated Technical Score (Ta-max) is assigned the maximum relative Technical Score (St) of 100 (Hundred). The formula for determining the relative Technical scores (St) of all other Proposals is as follows: St = 100 x Ta/ Ta-max, in which "Ta-max" is the highest evaluated absolute Technical Score, "St" is the relative Technical score calculated, and "Ta" is the absolute Technical Score of the proposal under consideration. This normalisation would avoid any unintended magnification of weightage to the financial score due to different scales of Technical Scores and Financial Scores. b) The Financial Proposals shall be evaluated in two parts :- i) The relative ranking of performance security, with the highest performance Security (PBGm) being assigned the maximum financial score (PBGf) of 100(Hundred). The formula for determining the financial scores (PBGf) of all other Proposals is as follows: PBGf = 100 x PBG/ PBGm, in which "PBGm" is the highest bid security offered, "PBGf" is the financial score calculated, and "PBG" is the amount of PBG of the proposal under consideration. ii) The cost-score based on the relative ranking of prices, with the lowest evaluated Financial Proposal (Fm) being assigned the maximum financial score (Sf) of 100(Hundred). The formula for determining the financial scores (Sf) of all other Proposals is as follows: Sf = 100 x Fm/ F, in which "Fm" is the price of the lowest offer, "Sf" is the financial score calculated, and "F" is the price of the proposal under consideration. c) The weights given to the Technical (T), Performance BG (PBG) and Financial (P) Quote Proposals are specified in TIS/ AITC: T (the weight given to the Technical Proposal) = 60%, and PBG (the weight given to the PBG Financial Proposal) = 20% % Sf (the weight given to the Financial Quote of services by bidder) = 20% % (with T + PBGf+Sf = 100%) d) Proposals would be ranked according to their combined QCBS (weighted technical, St and financial, Sf ( which will include of PBG and financial Quote)) scores as follows: S = (St x T + PGBf x PBG +Sf x P)/100. in which "S" is the combined QCBS score, "St" is the relative technical score calculated as per sub-clause a) above and "Sf" is the financial score calculated as per sub-clause b) above. e) All scores shall be calculated up to two decimal places only. 11.4.2 Global Tender Enquiry (GTE, International Competitive Bidding) The following additional aspects of the evaluation of the financial offer shall also apply: 1) Currency of Tender 33In GTE tenders, if permitted in AITC, the Proposal price may be in foreign currencies, except for expenditure incurred in India (including incidental Works/ Goods/ Services delivered in India and agency commission, if any) should be stated in Indian Rupees. 2) Evaluation of Offers All financial Proposals shall be converted to Indian Rupees based on the “Bill for Collection (BC) selling” exchange rate on the last deadline for the Proposal submission (Techno-commercial offer) from a source as specified (State Bank of India, if not so specified) in the tender document. The offers would be compared based on the principle of the total outgo from Procuring Entity’s pockets, including all applicable taxes and duties (Customs duty, GST, and GSTC ess). For Proposals with Letter of Credit (LC) payment, the likely LC charges (as ascertained from the Procuring Entity’s bankers) should also be loaded. Import of Goods or services or both attract integrated tax (IGST). The IGST rate and GST cess shall be applicable on the ‘Custom Assessable Value’ plus the ‘Basic Customs duty applicable thereon’. The terms FOB, FAS, CIF, DDP etc., shall be governed by the rules & regulations prescribed in the current edition of INCOTERMS, published by the International Chamber of Commerce, Paris Contract Negotiation 12.1. Invitation to Negotiate The negotiations shall be held at the date and address announced after the selection of the successful Consultant with their representative(s), who must have written power of attorney to negotiate and sign a contract on behalf of the Consultant. During the negotiations, it shall be ensured that no undue advantage accrues to the Consultant and that nothing shall vitiate the basis on which he has been declared successful. The minutes of negotiations shall be signed by the Procuring Entity and the Consultant’s authorized representative. 12.2. Verification of Original Documents Before issuing a Letter of Award (LoA) to the successful Consultant(s), the Procuring Entity may, at its discretion, ask the Consultant to present the originals of all such documents whose scanned copies were submitted online during shortlisting process and this RFP process. If so decided, the photocopies of such self-certified documents shall be verified and signed by the competent officer and kept in the records as part of the contract agreement. If the Consultant fails to provide such originals or in case of substantive discrepancies in such documents, it shall be construed as a violation of the Code of Integrity. Such Proposal shall be liable to be rejected as nonresponsive in addition to other punitive actions in the Code of Integrity.12.3. Availability of Key Experts: As a pre-requisite to the negotiations, the invited Consultant shall make the all Key Experts included in the Proposal available for interaction/interview at given date and time before the Authority or the committee so constituted for this purpose. Failure to present Key Experts’ for interaction/interview before the Authority at given date and time may result in the Consultant’s Proposal being declared non-responsive and the Procuring Entity proceeding to negotiate the Contract with the next-ranked responsive Consultant. However, Authority may finalise a scheme of empanelment of key personnel and finding their suitability for a specific job profile and update the suitability/ empaneled status on Infracon. Those key personnel who have been declared suitable on Infracon for a particular role shall not be interviewed again at the time of negotiation. Only those key personnel will be interviewed at negotiation stage who has not been empaneled for a particular post on Infracon portal shall be interviewed at negotiation stage to find their suitability for the assignment. Notwithstanding the above, the substitution of Key Experts at the negotiations may be considered if due solely to circumstances outside the reasonable control of and not foreseeable by the Consultant, including but not limited to death or medical incapacity or as per the conditions specified in this RFP.I n such case, the Consultant shall offer a substitute Key Expert within the period specified in the invitation letter to negotiate the Contract, who shall have equivalent or better qualifications and experience than the original candidate. As per ITC-Clause 11.3.1-4), Procuring Entity reserves its right to seek during negotiations the replacement of the Team Leader/ other Key Experts who found not suitable for assignment during interaction/interview. 12.4. Technical Negotiations The negotiations include discussions of the Terms of Reference (TORs), the proposed methodology, the Procuring Entity’s inputs, the special conditions of the Contract, and finalizing the ‘Appendix A: Terms of Reference’ part of the Contract. These discussions shall not substantially alter the original scope of services under the TOR or the terms of the contract lest the quality of the final product, its price, or the initial evaluation be vitiated. 12.5. Financial Negotiations - :- Deleted 12.6. Conclusion of Negotiations The negotiations are concluded with a review of the finalized draft Contract, which shall be initiated by the Procuring Entity and the Consultant’s authorized representative. If the negotiations fail, the Procuring Entity shall inform the Consultant in writing of all pending issues and disagreements and provide a final opportunity for the Consultant to respond. If disagreement persists, the Procuring Entity shall declare the proposal non- responsive, informing the Consultant of the reasons for doing so. The Procuring Entity 35shall invite the next-ranked responsive Consultant to negotiate a Contract. Once the Procuring Entity commences negotiations with the next-ranked Consultant, the Procuring Entity shall not reopen the earlier negotiations. Award of Contract 13.1. Letter of Award (Acceptance - LoA) and Signing of Contract 13.1.1Letter of Award (LoA) After 10 days from the conclusion of negotiations (in line with ITC-Clause 14 below), the Consultant whose Proposal has been accepted shall be notified of the award by the Procuring Entity before the expiration of the Proposal validity period by written or electronic means. This notification (hereinafter and in the Conditions of Contract called the "Letter of Award - LoA") shall state the sum (hereinafter and in the contract called the "Contract Price") that the Procuring Entity shall pay the Consultant in consideration of delivery of Services. The Letter of Award (LoA) shall constitute the legal formation of the contract, subject only to the furnishing of performance security as per the provisions of the sub-clause below. The Procuring Entity, at its discretion, may directly issue the contract subject only to the furnishing of performance security, skipping the issue of LoA. 13.1.2 Performance Security 1) The performance security shall be criteria for financial evaluation. The consultants are required to quote the amount of performance Security only. The Cost of proposal shall be fixed by the Authority. 2) Within the number of days stipulated in AITC (or 21 days if not specified) of receipt of the Letter of Award (LoA, or the contract if LoA has been skipped), performance Security as per details in GCC-5.8 shall be submitted by the Consultant to the Procuring Entity. 3) If the Consultant, having been called upon by the Procuring Entity to furnish Performance Security, fails to do so within the specified period, it shall be lawful for the Procuring Entity at its discretion to annul the award and forfeit EMD (or enforce Bid Securing Declaration if it was permitted to be submitted in lieu of Bid Security), besides taking any other administrative punitive action like ‘Removal from List of Registered Suppliers’ etc. 13.1.3 Signing of Contract 1) Publication of Results: The Procuring Entity shall send to each techno-commercially suitable Consultant the Notification of Intention to Award the Contract to the successful Consultant. The Notification of Intention to Award shall contain, at a minimum, the following information: a) the name and address of the Consultant with whom the Procuring Entity successfully negotiated a contract; b) the contract price of the successful Proposal; c) the names of all Consultants included in the short list for RFP, indicatingthose that submitted Proposals; d) the final combined scores and the final ranking of the Consultants e) The name and address of the successful Consultant(s) receiving the contract(s) shall be published in the Portal and notice board/ bulletin/website of the Procuring Entity. 2) After the award notification, the Procuring Entity shall share a copy of the Contract Agreement (as per Format 1: Contract Form along with sub-formats) to a successful Consultant for review. The Consultant may point out to the Procuring Entity, in writing/ electronically, any anomalies noticed in the contract within seven days of receipt. The Contract Agreement shall be executed within 21 days after the date of issue of the Letter of Acceptance and after submission and verification of the Performance Security. 3) If asked by the Procuring Entity, the successful Consultant shall return the original copy of the contract, duly signed, and dated, within seven days from the date of receipt of the contract, to the Procuring Entity by registered/ speed post or by a suitable digital means. Grievance Redressal/ Complaint Procedure 1) The consultant has the right to submit a complaint or seek de-briefing regarding the rejection of his proposal, in writing or electronically, within 10 days of the declaration of techno-commercial or financial evaluation results. The complaint shall be addressed to the Head of Procurement. 2) Within 5 working days of receipt of the complaint, the Tender Inviting Officer shall acknowledge the receipt in writing to the complainant, indicating that it has been received, and the response shall be sent in due course after a detailed examination. 3) The Tender Inviting Officer shall convey the final decision to the complainant within 15 days of receiving the complaint. No response shall be given regarding the confidential process of evaluating Proposals and awarding the contract before the award is notified, although the complaint shall be kept in view during such a process. However, no response shall be given regarding the following topics explicitly excluded from such complaint process: a) Only a Consultant who has participated in the procurement process, i.e., pre-qualification, Consultant registration or bidding, as the case may be, can make such representation. b) Only a directly affected Consultant can represent in this regard. c) In the case of RFP, before the bidding of Technical/ financial Proposals, an application for review concerning the technical/ financial Proposal may be filed only by a Consultant who has qualified in the RFP; d) If a technical Proposal has been evaluated before the opening of the financial Proposal, an application for review concerning the financial Proposal may be filed only by a Consultant whose technical Proposal is found to be acceptable. 374) No third-party information (RFPs, evaluation results) can be sought or included in the response. 5) The following decisions of the Procuring Entity shall not be subject to review: a) Determination of the need for procurement. b) Complaints against Terms of Reference except under the premise that they are either vague or too specific to limit competition c) Selection of the mode of procurement or bidding system; d) Choice of the selection procedure. e) Provisions limiting the participation of Consultants in the Procurement Process, in terms of policies of the Government f) Provisions regarding purchase preferences to specific categories of Consultants in terms of policies of the Central Government g) Cancellation of the Procurement Process except where it is intended to subsequently re-tender the same Services. Code Integrity in Public Procurement, Misdemeanors and Penalties: Procuring authorities, Consultants, suppliers, contractors, and consultants should observe the highest standard of integrity and not indulge in prohibited practices or other misdemeanors, either directly or indirectly, at any stage during the Procurement Process or the execution of resultant contracts. GCC-clause 13 (including the penalties prescribed therein) shall be considered part of this clause of ITC (even though it is not being reproduced here for brevity) and shall apply mutatis mutandis during the pre- award Procurement Process.Section III: Appendix to Instructions to Consultants (AITC) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services (Ref ITC-clause 1.4) {Note for Procuring Entity: Text in grey italics font within square bracket [e.g., Mention …] are just suggestions/ directions and must be replaced by applicable text - remove brackets and convert the font to regular and black. Delete the rows not required. Clauses other than those mentioned below may also be mentioned if these need to be changed} Note for Consultants: Following clauses (in column 1), wherever these appear in ITC, shall be taken to be negated or additional provisions be added to, or existing provisions be altered as per column 2. Whenever there is any conflict between the provision in the ITC and that in the AITC, the provision contained in the AITC shall prevail. ITC- To be read as Clauses ITC 1: Contents of RFP ITC 1.3, [Mention any additional Sections, Forms or Formats in the RFP] 1.4, 1.5 ITC 3 Consultants - Eligibility and Preferential Policies ITC 3.2 [Mention if shortlisted Consultants are not allowed to associate with other shortlisted/non-shortlisted Consultants] ITC 3.2 Mention if the participation of Sub-consultants, Key Experts and Non- Key Experts in more than one Proposal is not allowed] ITC 4 The Terms of Reference and Form of Contract ITC 4.1 [Mention facilities, if any, to be provided by the Procuring Entity to Consultant] ITC 5. Proposal Prices, Taxes and Duties ITC 5.1.5 [If prices are permitted to be quoted in currencies other than INR also, as in the case of Global Tenders] ITC 5.2.2 [Mention if the Price Variation Clause is applicable. Also, mention the formula and indices] ITC 5.4.1 [Mention payment terms, if different] ITC 5.4.2 [Mention if Advance Payments are allowed – including types and %age] ITC 6 to 10 Downloading, Preparation, Submission and Opening of Proposals ITC 8.1.1 [Language in which Proposals are to be submitted – English or otherwise] ITC 8.2.1 [Mention if Integrity Pact is to be Signed and Submitted along with Proposal. Include the Name and Contact Details of the Independent External Monitor (IEM) for Integrity Pact]ITC 11 and 12 Evaluation of Proposals and Award of Contract ITC 11.2.1 [Mention if additional criteria for responsive Proposals are proposed] ITC 11.4.2 [Customise by indicating here whether this is a Global Tender Enquiry (International Competitive Bidding) and the foreign currencies permitted] ITC 13.1.2 [Mention the period for submission of Performance Security if different from 21 days]Section IV: General Conditions of Contract (GCC) General 1.1. Tenets of Interpretation Unless where the context requires otherwise, throughout the contract: 1) The headings of these conditions shall not affect the interpretation or construction thereof. 2) Writing or written includes matter either whole or in part, in digital communications, manuscript, typewritten, lithographed, cyclostyled, photographed, or printed under or over signature or seal or digitally acceptable authentication, as the case may be. 3) Words in the singular include the plural and vice-versa. 4) Words importing the masculine gender shall be taken to include other genders, and words importing persons shall include any company, association, or body of individuals, whether incorporated or not. 5) Terms and expressions not herein defined shall have the meanings assigned to them in the contract Act, 1872 (as amended) or the Sale of Goods Act, 1930 (as amended) or the General Clauses Act, 1897 (as amended) or of INCOTERMS, (current edition published by the International Chamber of Commerce, Paris) as the case may be. 6) Any reference to ‘Services’ shall also be deemed to include the incidental Works/ Goods. 7) Any reference to any legal Act, Government Policies or orders shall be deemed to include all amendments to such instruments, from time to time, to date. 1.2. Definitions In the contract, unless the context otherwise requires: 1) “Allied Firm” are all business entities that are within the ‘controlling ownership interest’ (ownership of or entitlement to more than twenty-five per cent of the company's shares or capital or profits) or ‘control’( including the right to appoint a majority of the directors or to control the management or policy decisions including by virtue of their shareholding or management rights or shareholder agreements or voting agreements) of the principal firm acting alone or together or through one or more juridical persons. All successor firms or assigns of the principal firm shall be considered allied firms; 2) “Bill of Quantities” (including the term Price Schedule or BOQ) means the priced and completed Bill of Quantities forming part of the Proposal; 3) "Commercial Bank" means a bank, defined as a scheduled bank under section 2(e) of the Reserve Bank of India Act, 1934; 4) “Contract” (including the terms ‘Purchase Order’ or ‘Supply Order’ or ‘Withdrawal Order’ or ‘Work Order’ or ‘Consultancy Contract’ or ‘Contract for Services’, ‘ratecontract’ or ‘framework contract’ or ‘Letter of Award – LoA’ (letter or memorandum communicating to the Consultant the acceptance of his Proposal) or ‘Agreement’ or a ‘repeat order’ accepted/ acted upon by the Consultant in specific contexts), means a formal legal agreement in writing relating to the subject matter of procurement, entered into between the Procuring Entity and the Consultant on mutually acceptable terms and conditions and which are in compliance with all the relevant provisions of the laws of the country; 5) "Consultant" (as a participant in a Procurement Process - including the term 'contractor', ‘bidder’, ‘tenderer‘, participant’ or 'service provider' in specific contexts) means any person or firm or company, including any member of a consortium or joint venture, every artificial juridical person not falling in any of the descriptions of Consultants stated hereinbefore, including any agency branch or office controlled by such person, participating in a Procurement Process; 6) “Consultant” (as a contract holder - including the terms ‘Supplier’ or ‘Service Provider’ or ‘Contractor’ or ‘Firm’ or ‘Vendor’ or ‘Successful Consultant’ in specific contexts) means the person, firm, company, or Joint Venture with whom the contract is entered into and shall be deemed to include the Consultant's successors (approved by the Procuring Entity), agents, Sub-consultant, representatives, heirs, executors, and administrators as the case may be unless excluded by the terms of the contract; 7) “Contract Manager” means (as distinct from Team Leader of the Consultant) the Procurement Officer or any other officer or a third-party agency who has been assigned the authority to take all actions on behalf of the Procuring Entity during the execution of the contract by the Consultant; 8) “Day”, “Month”, and “Year” shall mean respectively calendar day, month or year (unless reference to financial year is apparent from the context); 9) “Effective Date” means the date on which this Contract comes into force and effect as per the Contract; 10) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other personnel of the Consultant, Sub-consultant or JV member(s) assigned by the Consultant to perform the Services or any part thereof under the Contract; 11) "Goods" (including the terms ‘Stores’, and ‘Material(s)’ in specific contexts) includes all articles, materials, commodities, livestock, medicines, furniture, fixtures, raw material, consumables, spare parts, instruments, machinery, equipment, industrial plant, vehicles, aircraft, ships, railway rolling stock assemblies, sub-assemblies, accessories, a group of machines comprising an integrated production process or such other categories of goods or intangible, products like technology transfer, licenses, patents or other intellectual properties (but excludes books, publications, periodicals, etc., for a library), in specific contexts, procured or otherwise acquired by a Procuring Entity. Any reference to Goods shall be deemed to include small work or some services that are incidental or consequential to the supply of such goods;12) “Government" means the Central Government or a State Government, as the case may be and includes agencies and Public Sector Enterprises under it in specific contexts; 13) “Intellectual Property Rights” (IPR) means the intellectual property owner's rights concerning possession/ exploitation of such property by others of tangible or intangible intellectual property, including rights to Patents, Copyrights, Trademarks, Industrial Designs, Geographical indications (GI); 14) “Joint Venture (JV or JV/C)” means an association or a Consortium with or without a legal personality distinct from that of its members, of more than one entity where one member has the authority to conduct all businesses for and on behalf of any and all the members of the JV, and where the members of the JV are jointly and severally liable to the Procuring Entity for the performance of the Contract.; 15) “Key Expert(s)” means an individual professional (usually identified by name) whose skills, qualifications, knowledge, and experience are critical to the performance of the Services under the Contract and whose Curricula Vitae (CV) was considered in the technical evaluation of the Consultant’s proposal; 16) “Non-Key Expert(s)” means an individual professional (usually not identified by name) provided by the Consultant or its Sub-consultants to perform the Services or any part thereof under the Contract; 17) “Parties”: The parties to the contract are the "Consultant" and the “Procuring Entity”, as defined in GCC clause 2.4; 18) “Performance Security” (includes the terms ‘Security Deposit’ or ‘Performance Bond’ ‘Performance Bank Guarantee’ or other specified financial instruments in specific contexts) means a monetary guarantee to be furnished by the successful Consultant or Contractor in the form prescribed for the due performance of the contract; 19) “Procurement” (in the context of Public/ Government ‘procurement’ or ‘Purchase’, or ‘Acquisition’ including an award of Public-Private Partnership projects, in specific contexts) means the acquisition of Goods/ Services/ works or a combination thereof by way of purchase, lease, license or otherwise, either using public funds or any other source of funds (e.g. grant, loans, gifts, private investment etc.) by a Procuring Entity, whether directly or through an agency with which a contract for procurement is entered into, but does not include any acquisition without consideration. The term “procure”/ “procured” or “purchase”/ “purchased” shall be construed accordingly; 20) “Procuring Entity” means the entity in The Procuring Organization procuring Goods, Works, or Services; 21) “Procurement Officer” means the officer signing the Letter of Award (LoA) and/or the contract on behalf of the Procuring Entity; 22) “Procurement Process” (or “Tender”; “RFP”; “RFP”, “Tender Enquiry” in specific contexts): ‘Procurement Process’ is the whole process from the publishing of the RFP Document to the resultant award of the contract. ‘RFP Document’ means the document (including all its sections, appendices, forms, formats, etc.) published by the Procuring Entity to invite Proposals in a Procurement Process. The RFP Document 44and Procurement Process may be generically and interchangeably referred to as “Bid Document”, “Tender" or " Tender Enquiry, " which would be clear from context without ambiguity; 23) "Proposal" (including the term ‘tender’, ‘offer’, ‘quotation’ or ‘bid’ in specific contexts) means an offer to supply goods, services or execution of works made as per the terms and conditions set out in a document inviting such offers; 24) “Services” means the activities to be performed by the Consultant under this Contract, as described in Appendix A thereto; 25) “Signed” means ink signed or digitally signed with a valid Digital Signature as per IT Act 2000 (amended from time to time). It also includes stamped, except in the case of a Letter of Award or amendment thereof; 26) “Sub-consultant” means a person or corporate body with an agreement with the Consultant to carry out a specific part of the ‘Services’ while the Consultant remains solely liable for the execution of the Contract; 27) “Variation” means an instruction given by the Contract Manager, which varies the scope, quantum or performance standards of the Service performed; 28) “Works” refer to any activity involving construction, fabrication, repair, overhaul, renovation, decoration, installation, erection, excavation, dredging, and so on, which make use of a combination of one or more engineering designs, architectural design, material and technology, labour, machinery, and equipment. 1.3. Document Conventions All words and phrases defined in GCC-clause 1.2 are written as ‘Capitalised words’ and shall have the defined meaning. The rest of the words shall be as per grammar, inter- alia ‘Services’ shall indicate the definition given in the GCC, while ‘services’ shall have the usual dictionary meaning. 1.4. Abbreviations: AITC Appendix to Instructions To Consultants BOQ Bill of Quantities BSD Bid Securing Declaration CV Curriculum Vitae EMD Monetary guarantee to be furnished by a Consultant along with its proposal FBS Fixed Budget Selection GCC General Conditions of Contract GST Goods and Services Tax GSTIN GST Identification NumberGTE Global Tender Enquiry (International Competitive Bidding) HSN Harmonized System of Nomenclature IEM Independent External Monitor IPR Intellectual Property Rights ITC Instructions To Consultants JV/C Joint Venture/ Consortium LCS Least Cost Selection LoA Letter of Award (Acceptance) QCBS Quality and Cost-Based Selection RFP Request for Proposal RFPL Request for Proposal Letter SCC Special Conditions of Contract TIA Tender Inviting Authority TIS Tender Information Summary TOR Terms of Reference The Contract 2.1. Language of Contract The contract and all subsequent correspondence documents, during its execution, between the consultant and the Procuring Entity shall be written in the Language (hereinafter called the contract’s language) as stipulated in the Contract (or, if not so specified, in English). However, the language of any printed literature furnished by a Consultant may be written in any other language provided a certified translation accompanies the same in the contract’s language. For purposes of interpretation, translation in the contract’s language shall prevail. 2.2. The Entire Agreement This Contract and its documents (referred to in GCC-clause 2.5 below) constitute the entire agreement between the Procuring Entity and the Consultant and supersede all other communications, negotiations, and agreements (whether written or oral) of the Parties made before the date of this Contract. No agent or representative of either Party has the authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not outlined in this Contract. 462.3. Severability If any provision or condition of this Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of the Contract or any of its other provisions and conditions. 2.4. Relationship between Parties 1) The parties to the contract are the Consultant and the Procuring Entity, as nominated in the contract. 2) Nothing contained herein shall be construed as establishing a relationship in the nature of master and servant or principal and agent between the Procuring Entity and the Consultant. The Consultant, subject to this Contract, is legally the main principal/ master of the Experts and Sub-consultants, if any, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 3) Authority of Member in Charge: In case the Consultant is a Joint Venture, the members hereby authorize the member specified in the contract to act on their behalf in exercising all the Consultant’s rights and obligations towards the Procuring Entity under this Contract, including without limitation the receiving of instructions and payments from the Procuring Entity. 4) Authorised Representative: Any action required or permitted to be taken and any document required or permitted to be executed under this Contract by the Procuring Entity or the Consultant may be taken or executed by the officials specified in the contract. 5) Good Faith: The Parties shall act in good faith concerning each other’s rights under this Contract and adopt all reasonable measures to ensure the realization of the objectives of this Contract. The Consultant shall always act, in respect of any matter relating to this Contract or the Services, as a faithful adviser to the Procuring Entity and shall at all times support and safeguard the Procuring Entity’s legitimate interests in any dealings with the third parties. 2.5. Contract Documents and their Precedence The following conditions and documents in indicated order of precedence (higher to lower) shall be considered an integral part of the contract, irrespective of whether these are not appended/ referred to in it. Any generic reference to ‘Contract’ shall imply reference to all these documents as well: 1) Valid and authorized Amendments issued to the contract. 2) The Agreement consisting of the initial paragraphs, recitals, and other clauses, including the appendices annexed to it and signatures of Procuring Entity, set forth immediately before the GCC; 3) Appendix A: Terms of Reference; 4) Appendix B: Key Experts; 5) Appendix C – Remuneration Cost Estimates;a) Annex to Appendix C: Breakdown of Agreed Fixed Rates in Consultant’s Contract; 6) Appendix D – Reimbursable Expenses Cost Estimates; 7) the Letter of Award (LoA), if issued 8) the SCC 9) the GCC 10) the Consultant’s Proposal; 11) any other document listed in the contract as forming part of this Contract. 12) Integrity Pact, if any 2.6. Modifications/ Amendments, Waivers and Forbearances 2.6.1 Modifications/ Amendments of Contract 1) After the contract documents have been signed, no modified provisions shall be applicable unless the Procuring Entity suo-moto or, on request from the Consultant, by written order, amend the contract, at any time during the currency of the contract, by making alterations and modifications within the general scope of the Contract. Requests for changes and modifications in the Contract may be submitted in writing by the Consultant to the Procuring Entity. 2) If the Consultant does not agree to the suo-moto modifications/ amendments made by the Procuring Entity, he shall convey his views within 14 days from the date of amendment/ modification. Otherwise, it shall be assumed that the Consultant has consented to the amendment. 3) Any verbal or written arrangement abandoning, modifying, extending, reducing, or supplementing the contract or any of the terms thereof shall be deemed conditional and shall not be binding on the Procuring Entity unless and until the same is incorporated in a formal instrument and signed by the Procuring Entity, and till then the Procuring Entity shall have the right to repudiate such arrangements. 2.6.2 Waivers and Forbearance The following shall apply concerning any waivers, forbearance, or similar action taken under this Contract: 1) Any waiver of a Procuring Entity’s rights, powers, or remedies under this Contract must be in writing, dated, and signed by an authorized representative of the Procuring Entity granting such a waiver and must specify the terms under which the waiver is being granted. 2) No relaxation, forbearance, delay, or indulgence by Procuring Entity in enforcing any of the terms and conditions of this Contract or granting of an extension of time by Procuring Entity to the Consultant shall, in any way whatsoever, prejudice, affect, or restrict the rights of Procuring Entity under this Contract, neither shall any waiver by Procuring Entity of any breach of Contract operate as a waiver of any subsequent or continuing breach of Contract. 48Governing Laws and Jurisdiction 3.1. Governing Laws and Jurisdiction 1) This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Laws of India for the time being in force. 2) Irrespective of the place of delivery, the place of performance or the place of payments under the contract, the contract shall be deemed to have been made at the place from which the Letter of Award (LoA, or the contract Agreement, in the absence of LoA) has been issued. The courts of such Delhi shall alone have jurisdiction to decide any dispute arising out or in respect of the contract. 3.2. Changes in Laws and Regulations Unless otherwise stipulated in the contract, if after the deadline for the Proposal submission (Techno-commercial), any law, regulation, ordinance, order or bye-law having the force of law is enacted, promulgated, abrogated, or changed in India (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the Delivery Date and/ or the contract Price, then such Delivery Date and/ or Contract Price shall be correspondingly increased or decreased as per GCC clause 2.6, by agreement between the Parties hereto, to the extent that the Consultant has thereby been affected in the performance of any of its obligations under the contract. Notwithstanding the foregoing, such additional or reduced cost shall not be separately paid or credited if the same has already been accounted for in the applicable price adjustment provisions. Communications 4.1. Communications All communications under the contract shall be served by the parties to each other in writing, in the contract's language, and served in a manner customary and acceptable in business and commercial transactions. Any notice, request or consent required or permitted to be given or made pursuant to this contract shall be routed through Data Lake only unless the law required to send such notices requests etc through physical/any other specified mode only. Any such notice, request or consent shall be deemed to have been delivered when given or made on the Data Lake to an authorized representative of the Party specified in the SC. The effective date of such communications shall be either the date when delivered to the recipient or the effective date mentioned explicitly in the communication, whichever is later. No communication shall amount to an amendment of the terms and conditions of the contract, except a formal letter of amendment of the Contract expressly so designated. Such communications would be an instruction, a notification, an acceptance, a certificate from the Procuring Entity, or a submission or a notification from the Consultant. A notification or certificate required under the contract must becommunicated separately from other communications. 4.2. Persons signing the Communications For all purposes of the contract, including arbitration, thereunder all communications to the other party shall be signed by: 1) On behalf of the Consultant: The person who has signed the contract on behalf of the Consultant shall sign all correspondences. A person signing communication in respect of the contract or purported to be on behalf of the Consultant, without disclosing his authority to do so, shall be deemed to warrant that he has authority to bind the Consultant. If it is discovered at any time that the person so signing has no authority to do so, the Procuring Entity reserves its right, without prejudice to any other right or remedy, to terminate the contract for default in terms of the contract and/ or avail any or all the remedies thereunder and hold such person personally and/ or the Consultant liable to the Procuring Entity for all costs and damages arising from such misdemeanors. 2) On behalf of the Procuring Entity: Unless otherwise stipulated in the contract, the Contract Manager signing the contract shall administer the contract and sign communications on behalf of the Procuring Entity. Paying Authorities mentioned in the contract shall also administer respective functions during Contract Execution. 4.3. Address of the parties for sending communications by the other party. For all purposes of the contract, including arbitration, thereunder, the address of parties to which the other party shall address all communications and notices shall be: 1) The Consultant's address as mentioned in the contract, unless the Consultant has notified change by a separate communication containing no other topic to the Procuring Entity. The Consultant shall be solely responsible for the consequence of an omission to notify a change of address in the manner aforesaid, and 2) The Procuring Entity's address shall be the one mentioned in the contract. The Consultant shall also send additional copies to officers of the Procuring Entity presently dealing with the contract. 3) In case of communications from the Consultant, copies of communications shall be marked to the Contract Manager and the Procuring Entity’s officer signing the contract and as relevant to the Paying Authorities mentioned in the contract. Unless specified before the contract's start, the Procuring Entity and the Consultant shall notify each other if additional copies of communications are to be addressed to additional addresses. Consultant’s Obligations and restrictions on its Rights 5.1. Changes in Constitution/ financial stakes/ responsibilities Business and Contract’s the Consultant must proactively keep the Procuring Entity informed of any changes in its constitution/ financial stakes/ responsibilities during the execution of the contract. 1) Where the Consultant is a partnership firm, the following restrictions shall apply to changes in the constitution during the execution of the contract: 50a) A new partner shall not be introduced in the firm except with the previous consent in writing of the Procuring Entity, which shall be granted only upon execution of a written undertaking by the new partner to perform the contract and accept all liabilities incurred by the firm under the contract before the date of such undertaking. b) On the death or retirement of any partner of the Consultant firm before the complete performance of the contract, the Procuring Entity may, at his option, terminate the contract for default as per the contract and/ or avail any or all remedies thereunder. c) If the contract is not terminated as provided in Sub-clause (b) above, notwithstanding the retirement of a partner from the firm, that partner shall continue to be liable under the contract for acts of the firm until a copy of the public notice given by him under Section 32 of the Partnership Act, has been sent by him to the Procuring Entity in writing or electronically. 5.2. Obligation to Maintain Eligibility and Qualifications The contract has been awarded to the Consultant based on evaluation and scoring criteria stipulated in the RFP process based on eligibility and qualifications criteria stipulated therein. The Consultant is contractually bound to maintain compliance with all such criteria during the execution of the contract. Any change which would vitiate the basis on which the Consultant was shortlisted or awarded the contract should be pro- actively brought to the notice of the Procuring Entity within 7 days of it coming to the Consultant’s knowledge. 5.3. Restriction on Potential Conflict of Interests 1) Neither the Consultant nor its Sub-consultants nor the Personnel shall engage, either directly or indirectly, in any of the following activities: a) During this Contract's term, any business or professional activities in India that would conflict with the activities assigned to them. b) After this Contract's termination, such other activities as may be stipulated in the contract. 2) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising the Procuring Entity on the procurement of goods, works or services, the Consultant shall at all times exercise such responsibility in the best interest of the Procuring Entity. Any discounts or commissions obtained by the Consultant in the exercise of such procurement responsibility shall be for the account of the Procuring Entity. 3) During the term of this Contract and after its termination, the Consultant and its affiliates, as well as any Sub-consultant and any of its affiliates, shall be disqualified from providing goods, works, or Services (other than the subject Service of this Contract and any continuation thereof) for any project resulting from or closely related to the subject Services of this Contract.4) The payment of the Consultant according to (GCC Clause 10.5) shall constitute the Consultant’s only payment in connection with this Contract. The Consultant shall not accept for its benefit any trade commission, discount, or similar payment in connection with activities under this Contract or the discharge of its obligations hereunder. The Consultant shall use its best efforts to ensure that any Sub- consultants and the Experts and agents of either shall not receive any additional payment. 5) The Consultant has an obligation and shall ensure that its Experts and Sub- consultants shall have an obligation to disclose any actual or potential conflict that impacts their capacity to serve the best interest of the Procuring Entity, or that may reasonably be perceived as having this effect. Failure to disclose said situations may lead to the disqualification of the Consultant and/ or the termination of the Contract. 5.4. Consequences of breach by Constituents of a Consultant Should the Consultant or any of its partners, its Sub-consultants, any of its members in case of JV/C, or their Personnel commit a default or breach of GCC-clause 5.1 to 5.7, the Consultant (in case of JV, by the Lead Member, or in the case of the Lead Member being the defaulter, by the member nominated as Lead Member of the remaining JV/C) shall remedy such breaches within 21 days, keeping the Procuring Entity informed. Procuring Entity may call upon the Lead Member to assign the work of the defaulting member to any other equally competent party acceptable to the Procuring Entity. However, at its discretion, the Procuring Entity shall be entitled, and it shall be lawful on his part, to treat it as a breach of contract and avail any or all remedies thereunder. The decision of the Procuring Entity as to any matter or thing concerning or arising out of GCC-clause 5.1 to 5.7 or on any question whether the Consultant or any partner of the Consultant firm has committed a default or breach of any of the conditions shall be final and binding on the Consultant. 5.5. Assignment and Sub-contracting- Deleted 1) the Consultant shall not, save with the previous consent in writing of the Procuring Entity, sublet, transfer, or assign the contract or any part thereof or interest therein or benefit or advantage thereof in any manner whatsoever to any Sub-consultant. 2) The Consultant shall notify the Procuring Entity in writing of all such Sub-consultants, if not already stipulated in the contract, in its original Proposal or later. Such notification shall not relieve the Consultant from any of its liability or obligation under the terms and conditions of the contract. Sub-consultants must comply with and should not circumvent the Consultant’s compliance with its obligations under GCC-clause 5.1 to 5.7. 3) If the Consultant sublets or assigns this Contract or any part thereof without such permission, the Procuring Entity shall be entitled, and it shall be lawful on his part, to treat it as a breach of contract and avail any or all remedies thereunder. 525.6. Obligation to Indemnify Procuring Entity 5.6.1 For breach of IPR Rights 1) the Consultant shall indemnify and hold harmless, free of costs, the Procuring Entity and its employees and officers from and against all suits, actions or administrative proceedings, claims, demands, losses, damages, costs, and expenses of any nature, including attorney’s fees and expenses, which may arise in respect of the Services provided by the Consultant under this Contract, as a result of any infringement or alleged infringement of any patent, utility model, registered design, copyright, or other Intellectual Proprietary Rights (IPR) or trademarks, registered or otherwise existing on the date of the contract arising out of or in connection with: a) Any design, data, drawing, specification, or other documents or Services provided or designed by the Consultant for or on behalf of the Procuring Entity. b) The sale by the Procuring Entity in any country of the services/ products produced by the Services delivered by Consultant, and c) The delivery of the Services by the Consultant or the use of the Services at the Procuring Entity’s Site 2) Such indemnity shall not cover any use of the Services or any part thereof other than for the purpose indicated by or to be reasonably inferred from the contract, neither any infringement resulting from the use of the Services or any part thereof, or any service/ products produced thereby in association or combination with any other service, equipment, plant, or materials not delivered by the Consultant. 3) If any proceedings are brought, or any claim is made against the Procuring Entity arising out of the matters referred above, the Procuring Entity shall promptly notify the Consultant. At its own expense and in the Procuring Entity’s name, the Consultant may conduct such proceedings and negotiations to settle any such proceedings or claim, keeping the Procuring Entity informed. 4) If the Consultant fails to notify the Procuring Entity within twenty-eight (28) days after receiving such notice that it intends to conduct any such proceedings or claim, then the Procuring Entity shall be free to conduct the same on its behalf at the risk and cost to the Consultant. 5) At the Consultant’s request, the Procuring Entity shall afford all available assistance to the Consultant in conducting such proceedings or claims and shall be reimbursed by the Consultant for all reasonable expenses. 5.6.2 For Losses and Damages Caused by Consultant 1) the Consultant shall indemnify and keep harmless the Procuring Entity, from and against, all actions, suit proceedings, losses, costs, damages, charges, claims, and demands of every nature and description brought or recovered against the Procuring Entity because of any act or omission or default or negligence or trespass of the Consultant, his agents, or employees despite all reasonable and proper precautions may have been taken, during the execution of the Services. TheConsultant shall make good at his own expense all resulting losses and/ or damages to: the Services themselves or any other property of the Procuring Entity or the lives, persons, or property of others 2) In case the Procuring Entity is called upon to make good such costs, loss, or damages or to pay any compensation, including that payable under the provisions of the Workmen's Compensation Act or any statutory amendments thereof, the amount of any costs or charges including costs and charges in connection with legal proceedings, which the Procuring Entity may incur about it, shall be charged to the Consultant. All sums payable by way of compensation under any of these conditions shall be considered reasonable compensation to be applied to the actual loss or damage sustained and whether or not any damage shall have been sustained. 3) The Procuring Entity shall have the power and right to pay or to defend or compromise any claim of threatened legal proceedings, or in anticipation of legal proceedings being instituted consequent on the action or default of the Consultant, to take such steps as may be considered necessary or desirable to ward off or mitigate the effect of such proceedings, charging to Consultant, as aforesaid, any sum or sums of money which may be paid and any expenses whether for reinstatement or otherwise which may be incurred and the propriety of any such payment, defence or compromise, and the incurring of any such expenses shall not be called in question by the Consultant. 5.7. Confidentiality, Secrecy and Property and IPR Rights 5.7.1 Property Rights 1) Physical assets, e.g., Equipment, vehicles and materials made available to the Consultant by the Procuring Entity or purchased by the Consultant wholly or partly with funds provided by the Procuring Entity, shall be the property of the Procuring Entity and shall be marked accordingly. Upon termination or expiration of this Contract, the Consultant shall make an inventory of such equipment, vehicles, and materials available to the Procuring Entity and dispose of such equipment, vehicles, and materials in accordance with the Procuring Entity’s instructions. While in possession of such equipment, vehicles and materials, the Consultant, unless otherwise instructed by the Procuring Entity in writing, shall insure them at the expense of the Procuring Entity in an amount equal to their total replacement value. 2) Intangible assets, e.g., license agreements, Software Packages, and memberships for purposes of performance of this contract provided by the Procuring Entity or purchased by the Consultant wholly or partly with funds provided by the Procuring Entity, shall be the property of the Procuring Entity and shall be registered accordingly., These shall be obtained in the name of the Procuring entity after obtaining the Procuring Entity’s prior written approval. The Procuring entity shall have an encumbered right to use such assets, even after the termination of the 54Contract. Any restrictions about the future use of these documents and software shall be specified in the Contract. 5.7.2 IPR Rights All deliverables, outputs, plans, drawings, specifications, designs, reports, and other documents and software submitted by the Consultant under this Contract shall become and remain the property of the Procuring Entity and shall be subject to laws of copyright and must not be shared with third parties or reproduced, whether in whole or part, without the Procuring Entity’s prior written consent. The Consultant shall, not later than upon termination or expiration of this Contract, deliver all such documents and software to the Procuring Entity, together with a detailed inventory thereof. The Consultant may retain a copy of such documents and software but shall not use it for commercial purposes. 5.7.3 Confidentiality All documents, drawings, samples, data, associated correspondence or other information furnished by or on behalf of the Procuring Entity to the Consultant in connection with the contract, whether such information has been furnished before, during or following completion or termination of the contract, are confidential and shall remain the property of the Procuring Entity and shall, without the prior written consent of Procuring Entity neither be divulged by the Consultant to any third party, nor be used by him for any purpose other than the design, procurement, or other services and activities required for the performance of this Contract. If advised by the Procuring Entity, all copies of all such information in original shall be returned on completion of the Consultant’s performance and obligations under this contract. 5.7.4 Secrecy If the contract declares the subject matter of this Contract as coming under the Official Secrets Act, 1923 or if the contract is marked as “Secret”, the Consultant shall take all reasonable steps necessary to ensure that all persons employed in any connection with the contract, have acknowledged their responsibilities and penalties for violations under the Official Secrets Act and any regulations framed thereunder. 5.7.5 Restrictions on the Use of Information 1) Without the Procuring Entity’s prior written consent, the Consultant shall not use the information mentioned in the sub-clauses above except for performing this contract. 2) The Consultant shall treat and mark all information as confidential (or Secret – as the case may) and shall not, without the written consent of the Procuring Entity, divulge to any person other than the person(s) employed by the Consultant in the performance of the contract. Further, any such disclosure to any such employed person shall be made in confidence and only so far as necessary for such performance for this contract. 3) Notwithstanding the above, the Consultant may furnish to its holding company or its Sub-consultant(s) such documents, data, and other information it receives fromthe Procuring Entity to the extent required for performing the contract. In this event, the Consultant shall obtain from such holding company/ Sub-consultant(s) an undertaking of confidentiality (or secrecy – as the case may be) similar to that imposed on the Consultant under the above clauses. 4) The obligation of the Consultant under sub-clauses above, however, shall not apply to information that: a) the Consultant needs to share with the institution(s) participating in the financing of the contract; b) now or hereafter is or enters the public domain through no fault of Consultant; c) can be proven to have been possessed by the Consultant at the time of disclosure and which was not previously obtained, directly or indirectly, from the Procuring Entity; or d) otherwise lawfully becomes available to the Consultant from a third party with no obligation of confidentiality. 5) The above provisions shall not in any way modify any undertaking of confidentiality (or Secrecy – as the case may be) given by the Consultant before the contract date in respect of the contract, the RFP Document, or any part thereof. 6) The provisions of this clause shall survive completion or termination for whatever reason of the contract. 5.7.6 Protection and Security of Personal Data 1) Where the Consultant is processing Personal Data for the Procuring Entity (as part of Services), the Consultant shall: a) Process the Personal Data only as per instructions from Procuring Entity (which may be specific instructions or instructions of a general nature) as set out in this Contract or as otherwise notified by Procuring Entity; b) Comply with all applicable laws; c) Process the Personal Data only to the extent and in such manner as is necessary for the discharge of the Consultant’s obligations under this Contract or as is required by Law or any Regulatory Body; d) Implement appropriate technical and organisational measures to protect Personal Data against unauthorized or unlawful Processing and accidental loss, destruction, damage, alteration, or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful Processing, accidental loss, destruction, or damage to the Personal Data and having regard to the nature of the Personal Data which is to be protected; e) Take reasonable steps to ensure the reliability of its staff and agents who may have access to the Personal Data; f) Obtain prior written consent from the Authority to transfer the Personal Data to any Sub-consultant for the provision of the Services; 56g) Not cause or permit the Personal Data to be transferred, stored, accessed, viewed, or processed outside of India without the prior written consent of the Procuring Entity. h) Ensure that all staff and agents required to access the Personal Data are informed of the confidential nature of the Personal Data and comply with the obligations set out in this clause. i) Ensure that none of the staff and agents publishes or disclose any personal data to any third parties unless directed in writing to do so by the Procuring Entity. j) Not disclose Personal Data to any third parties in any circumstances other than with the written consent of the Procuring Entity or compliance with a legal obligation imposed upon the Procuring Entity; 2) Notify the Procuring Entity (within five Working Days) if it receives the; a) a request from an employee of Procuring Entity to have access to his or other employees’ Personal Data; or b) a complaint or request relating to the Procuring Entity’s obligations under the law; 3) The provision of this clause shall apply during the contract period and indefinitely after its expiry. 5.8. Performance Bond/ Security 1) Within twenty-one days (or any other period mentioned in RFP Document or Contract) after the issue of the Letter of Award (LoA or the contract, if LoA is skipped) by the Procuring Entity, the Consultant shall furnish to the Procuring Entity performance security, valid up to sixty days (or any other period mentioned in RFP Document or Contract) after the date of completion of all contractual obligations by the Consultant. 2) The amount of Performance security as quoted by bidder in his financial proposal in Indian Rupees or the currency of the contract and shall be in one of the following forms: a) Unless otherwise stipulated in the RFP Document or the Contract, Insurance Surety Bonds, Account Payee Demand Draft, Fixed Deposit Receipt from any commercial bank in India, or online payment in an acceptable form safeguarding the Procuring Entity’s interest, or b) Bank Guarantee (including an e-Bank Guarantee) issued by a commercial bank in India, in the prescribed form provided in Appendix E-1 to Format 1: Contract Form. 3) If the Consultant, having been called upon by the Procuring Entity to furnish Performance Security, fails to do so within the specified period, it shall be lawful for the Procuring Entity at its discretion to annul the award and forfeit the EMD (or enforce Bid Securing Declaration, if that was submitted in lieu of Bid Security),besides taking any other administrative punitive action like ‘Removal from List of Registered Suppliers’ etc. 4) If the Consultant fails to maintain the quoted Performance Security during the Contract's currency, it shall be lawful for the Procuring Entity at its discretion. (a) treat it as a breach of contract and avail any or all contractual remedies provided for breaches/ default, including termination of the Contract for Default, or (b) without terminating the Contract, recover from the Consultant the amount of such security deposit by deducting the amount from the pending bills of the Consultant under the contract or any other contract with the Procuring Entity or the Government or any person contracting throught he Procuring Organisation or otherwise, howsoever as per GCC-clause 10.4. 5) If a contract is amended, the Consultant shall furnish amended Performance Security with revised value and validity within twenty-one days of the issue of such an amendment. 6) The Procuring Entity shall be entitled, and it shall be lawful on his part, (a) to deduct from the performance securities or to forfeit the said security in whole or in part in the event of: i) Any default, failure, or neglect on the part of the Consultant in the fulfilment or performance in all respect of this contract or any other contract with the Procuring Organisation or any part thereof ii) for any loss or damage recoverable from the Consultant which the Procuring Entity may suffer or be put to for reasons of or due to the above defaults/ failures/ neglect (b) and in either of the events aforesaid to call upon the Consultant to maintain the said performance security at its original limit by making further deposits, provided further that the Procuring Entity shall be entitled, and it shall be lawful on his part, to recover any such claim from any sum then due or which at any time after that may become due to the Consultant for similar reasons. 7) Subject to the sub-clause above, the Procuring Entity shall release the performance security without any interest to the Consultant on completing all contractual obligations. Alternatively, upon the Consultant submitting a suitable separate Defect Liability Security for the duration of Defect Liability obligations, the original Performance Guarantee Security shall be released mutatis mutandis. 8) No claim shall lie against the Procuring Entity regarding interest on cash deposits, Government Securities, or depreciation thereof. 5.9. Permits, Approvals and Licenses Whenever the Services and incidental Goods/ Works delivery requires the Consultant to obtain permits, approvals, and licenses from local public authorities or any third 58party, it shall be the Consultant's sole responsibility to obtain these and keep them current and valid. Such requirements may include but not be restricted to licences or environmental clearance if required. If requested by the Consultant, the Procuring Entity shall make its best effort to assist the Consultant in complying with such requirements in a timely and expeditious manner without diluting the Consultant’s responsibility in this regard. 5.10. Insurances The Consultant (s) shall take out and maintain, and shall cause any Sub-consultants tot ake out and maintain, at its (or the Sub-consultants’, as the case may be) own cost but on terms and conditions approved by the Procuring Entity, insurance against the risks,a nd for the coverage, as stipulated in the contract or any applicable law including Labour Codes; and at the Procuring Entity’s request, shall provide evidence to the Procuring Entity showing that such insurance has been taken out and maintained andt hat the current premiums have been paid. The Consultant shall ensure that such insurances are in place before commencing the Services as stated in GCC clause 9.2.A lterations to the terms of insurance shall not be made without the approval of the Contract Manager. The risks and the coverageof insurance shall be as follows (a) Third Party motor vehicle liability insurance as required under Motor Vehicles Act,1988 in respect of motor vehicles operated in India by the Consultants or their Personnel or any Sub- consultants or their Personnel for the period of consultancy. (b) Third Party liability insurance with a minimum coverage, of Rs. 1.0 million for the period of consultancy. (c) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy, with a minimum coverage equal to estimated remuneration and reimbursable. (d) Employer's liability and workers' compensation insurance in respect of the Personnel of the Consultants and of any Sub- consultant, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and (e) Insurance against loss of or damage to(i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the Consultants' property used in the performance of the Services, and(iii)any documents prepared by the Consultants in the performance of the Services. 5.11. Accounting, Inspection and Auditing The Consultant shall keep and make all reasonable efforts to cause its Sub-consultants to keep accurate and systematic accounts and records in respect of the Services and in such form and detail as shall identify relevant time changes and costs and as peraccounting principles prescribed in India. 5.12. Book Examination Clause If explicitly invoked in the contract, the Procuring Entity reserves the right for 'Book Examination' as follows: 1) The Consultant shall, whenever called upon and required to produce or cause to be produced, for examination by any Government Officer duly authorised on that behalf, any cost or other book of account, voucher, receipt, letter, memorandum, paper or writing or any copy of or extract from any such document. The Consultant shall also furnish information relating to the execution of this contract or relevant for verifying or ascertaining the cost of execution of this contract to such Government Officer in such manner as may be required. This Government Officer’s decision on the relevancy of any document or information of return shall be final and binding on the parties. The obligation imposed by this clause is without prejudice to the Consultant's obligations under any other statute, rules or orders which shall be concurrently binding on the Consultant. 2) The Consultant shall, if the authorised Government Officer so requires (whether before or after the prices have been finally fixed), afford facilities to the Government Officer concerned to visit the Consultant's premises to examine the processes of delivery of Services and estimate or ascertain the cost of performance of Contract. The authorised Government Officer shall have the power, mutatis mutandis, to examine all the relevant books of the Consultant’s Sub-consultant or any subsidiary or allied firm or company, If any portion of the contract is entrusted or carried out by such entities. 3) If, on such examination, it is established that the contracted price is more than the actual cost-plus reasonable profit margin, the Procuring Entity shall have the right to reduce the price and determine the amount to a reasonable level. 4) The Consultant or its agency is bound to allow examination of its books within 60 days from the date the notice is received by the Consultant or its agencies calling for the production of documents under sub-clause (1) above. In the event of the Consultant's or his agency's failure to do so, the contract price would be reduced and determined according to the best judgment of the Procuring Entity, which would be final and binding on the Consultant and his agencies. 5.13 Legal Compliance The Consultant shall perform the Services in accordance with the Contract and the Applicable Law and shall take all practicable steps to ensure that any of its Experts and Sub-consultants comply with the Applicable Law. 5.14 Custody and Return of the Procuring Entity’s Assets loaned to Consultant 1) The contractors shall sign accountable receipts for all documents and materials or other assets/ properties made over to them by the Contract Manager on behalf of the Procuring Entity. All such assets shall be deemed in good condition when received by the Consultant unless he has notified the Procuring Entity to the contrary within twenty-four hours of receipt. Otherwise, he shall be deemed to have waived the right to do so at any subsequent stage. 602) These assets shall remain the property of the Procuring Entity, and the Consultant shall take all reasonable care of all such assets. The Consultant shall be responsible for all damage or loss from whatever cause while assets are possessed or controlled by the Consultant, staff, workmen, or agents. 3) Where the Consultant insures such assets against loss or fire at the request of the Procuring Entity, such insurance shall be deemed to be by way of additional precaution and shall not prejudice the Consultant's liability as aforesaid. 4) The Consultant shall return all such assets in good order and repair, reasonable wear and tear excepted, before the completion/ closure/ termination of the contract and shall be responsible for any failure to account for the same or any damage done to that as assessed by the Procuring Entity whose decision shall be final and binding. Procuring Entity’s Obligations 6.1. Assistance by the Procuring Entity Unless otherwise specified in the contract, the Client shall use its best efforts to: • provide the Consultants, Sub-consultants and Personnel with work permits and such other documents as shall be necessary to enable the Consultants, Sub- consultants or Personnel to perform the Services; • assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly with all necessary entry and exit visas, residence permits, exchange permits and any other documents required for their stay in Government's country; • Facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Personnel and their -eligible dependents; • Issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services; • assist the Consultants and the Personnel and any Sub-consultants and or Associates employed by the Consultants for the Services from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law; • grant to the Consultants, any Sub-consultants and or Associates and the Personnel of either of them the privilege, pursuant to the Applicable Law, of bringing into Government's country reasonable amounts of foreign currency for the purposes of the Services or for the personal use of the Personnel and their dependents and of withdrawing any such amounts as may be earned therein by the Personnel in the execution of the Services: and• Provide to the Consultants, Sub-consultants and or Associates and Personnel any such other assistance as may be specified in the SC. 2) Issue instructions and information to its officials, agents, and stakeholders for prompt and effective implementation of the Services. 3) Access to Project Site: The Procuring Entity warrants that the Consultant shall have, free of charge, unimpeded access to the project site if such access is required for the performance of the Services. 6.2. Facilities to be provided by the Procuring Entity 1) The Procuring Entity shall make available to the Consultant and the Experts, for the performance of the contract, free of any charge (unless otherwise stated therein), the services, facilities, and property described in the ‘Terms of Reference’ (Appendix A) as per terms and conditions and against appropriate safeguards (including Insurances, Bank Guarantee, Indemnity Bonds, Retention Money etc.) specified therein. The Consultant shall use such property for the execution of the contract and no other purpose whatsoever. 2) In case such services, facilities and property shall not be made available to the Consultant as and when specified in Appendix A, 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) how the Consultant shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the Consultant as a result thereof according to GCC clause 10.1.1. 6.3. Counterpart Personnel 1) The Procuring Entity shall make professional and support counterpart personnel available to the Consultant, as specified in Appendix A. 2) If counterpart personnel are not provided by the Procuring Entity to the Consultant as and when specified in Appendix A, the Procuring Entity and the Consultant shall agree on (i) how the affected part of the Services shall be carried out, and (ii) the additional payments, if any, to be made by the Procuring Entity to the Consultant as a result thereof. 3) Professional and support counterpart personnel, excluding Procuring Entity’s Contract Management and liaison personnel, shall work under the exclusive direction of the Consultant. If any member of the counterpart personnel fails to perform any work assigned to such member by the Consultant that is adequately consistent with the position occupied by such member, the Consultant may request the replacement of such member, and the Procuring Entity shall not unreasonably refuse to act upon such request. 6.4. Payment Obligation Considering the Services performed by the Consultant under this Contract, the Procuring Entity shall pay the Consultant for the deliverables specified in Appendix A and in such manner as is provided in the Contract. 62Scope of Services and Performance Standards 7.1. Scope of Services 1) Services: This contract is for the performance/ delivery of Services of the description, scope/ quantum outlined in Appendix A: ‘Terms of Reference’ during the contract period specified therein. 2) Incidental Works/ Goods/ Other Services: If so stipulated, the Consultant shall be required to perform/ deliver specified incidental Works/ Goods/ other Services as an integral part of the Services in the contract. 3) Location: The Services shall be performed at such locations as are specified in Appendix A and, where the location of a particular task is not so specified, at such locations, whether in the Procuring Entity’s country or elsewhere, as the Procuring Entity may approve. 4) Reporting Requirements: The Consultant shall deliver to the Procuring Entity the reports, deliverables, outputs, and documents specified in Appendix A: ‘Terms of Reference’, in the form, in the numbers and within the periods outlined in the said Appendix, besides progress reports as per GCC Clause 9.3. 5) Standard of Performance: a) The Consultant shall perform and carry out the Services with all due diligence, efficiency, and economy, in accordance with generally accepted professional standards and practices, observe sound management practices, and employ appropriate technology and safe and effective equipment, machinery, materials and methods. b) Unless otherwise specified, the performance standards and quality of the Services shall conform to the Terms of Reference as stipulated in the contract or as per best standards in the market, where not so specified. c) Defects in Services: The Procuring Entity shall promptly notify the Consultant of any identified defects, lapses/deficiencies in services requesting the correction of the notified defect within a reasonable time. If the Consultant has not corrected notified defect within the time stipulated in the Procuring Entity’s notice, the Procuring Entity may suspend payments as per GCC clause 10.6 and terminate the agreement as per GCC clause 12.1 of contract agreement. 6) Consultants' Actions Requiring Client's Prior Approval;- The Consultants shall obtain the Client's prior approval in writing before taking any of the following actions: (a) appointing such members of the Personnel as are listed in Appendix ‘C’ ("Consultants' Sub-consultants' Key Personnel") merely by title but not by name; (b) entering into a subcontract for the performance of any part of the Services, it being understood (i) that the selection of the Sub-Consultant and the terms and conditions of the subcontract shall have been approved in writing by the 63Client prior to the execution of the subcontract, and (ii) that the Consultants shall remain fully liable for the performance of the Services by the Sub- Consultant and its Personnel pursuant to this Contract; and (c) taking any action under a civil works contract designating the Consultants as "Authority’s Engineer", for which action, pursuant to such civil works contract, the written approval of the Client as "Employer" is required". 7.2. Eligible Services Unless otherwise stipulated in the Contract, the country of origin of ‘Services’ and related ‘Goods’ under the contract shall have their origin in India or other countries (if specified in the Contract). It must conform to the declaration made by the Consultant during regarding Central Government policies restricting the participation of entities from i) Certain countries sharing land borders with India and ii) Countries that restrict the participation of Bidders from India on a reciprocal basis. They should ensure that they continue to be free from such restrictions. Deployment of Resources 8.1. Site and Assets thereon 8.1.1 Site of Service Delivery 1) The site for Service delivery shall be the lands, spaces, and other places on, under, in or through which the Services are to be carried out and any other lands or places provided by the Procuring Entity for the contract. 2) No land or building or any other asset belonging to or in possession of the Procuring Entity shall be occupied/ used by the Consultant without the permission of the Procuring Entity. The Consultant shall not use or allow the site to be used for any purposes other than executing or concerning the execution of the services. 3) Prohibition of Smoking and Intoxicants: The Consultant shall exercise influence and authority to the utmost extent to secure strict compliance by his staff or any labour employed through Sub-consultants or petty contractors with all the rules and regulations stipulated by the Procuring Entity relating to the access to the project site, including but not limited to a) Prohibition of Smoking in ‘No Smoking Zone’ and in Public Places b) Prohibition of the use of any intoxicating substances including, but not limited to, intoxicating beverages during the service period or on-site or near the site or in any of the facilities, sites, buildings, encampments, or tenements owned, occupied by or within the control of the Consultant or any of his employees. c) Safety practices relating to Procuring Entity’s staff, Public and third parties d) Maintenance of peace and business-like ambience 8.1.2 Clearance of Site on Completion 1) On completion of the services, the Consultant shall hand over the whole project site to the procuring Entity on ‘as it was’ basis. No final payment in settlement of the 64accounts for the Services shall be paid to the Consultant till, in addition to any other condition necessary for final payment, site clearance shall have been affected by him. 2) In the event of failure on the part of the Consultant to comply with this provision within 7 days after receiving notice for clearance of Procuring Entity’s site and lands, the Contract Manager shall cause them to be removed in such a way as deemed fit and convenient and cost as increased by supervision and other incidental charges shall be recovered from the Consultant. The Procuring Entity shall not be held liable for any loss or damage to the Consultant's property as may be on the site and due to such removal. 8.2. Key and Non-key Personnel 8.2.1 General Requirements 1) Restrictions on the Employment of Retired Staff or Officers or Managers of Procuring Entity within One Year of their Retirement: the Consultant shall not himself be a retired Government employee of Gazetted rank or engage any employee or associate who is a retired Government employee of Gazetted rank, if such persons have not completed one year (or any other period prescribed by the relevant authority) from the date of retirement, in connection with this Contract in any manner whatsoever without obtaining prior permission of the relevant authority. If the Consultant is found to have contravened this provision, it shall constitute a breach of contract, and Procuring Entity shall be entitled to terminate the contract and/ or avail any or all the remedies thereunder. 2) Team Lead: The Consultant, when he is not personally present on the workplace site, shall nominate a Team Lead during working hours, which shall, on receiving reasonable notice, present himself to the Contract Manager. Orders given by the Contract Manager or his representative to the Team Lead shall be deemed to have the same force as if given to the Consultant. 3) The Consultant shall employ and provide qualified and experienced Key and Non- key Experts and Sub-consultants as required to carry out the Services. 4) All key personnel and sub professional staff of the Authority Engineer shall use the Aadhaar based biometric attendance! Geotagged selfie-based attendance system for marking their daily attendance. Aadhaar based Biometric attendance! Gee-tagged selfie-based attendance shall be marked at least once a day and anytime during the day. 1 Aadhaar based biometric attendance! Gee-tagged selfie-based attendance system shall be installed by the Authority Engineer its own cost at the site office in order to facilitate the attendance marking. More systems can be installed near the project highway upto a maximum of 1 system per 50 km in order to encourage frequent visits of project highway by key personnel and sub professional staff. A copy of monthly Aadhaar based biometric attendance/ Geo-tagged selfie-based attendance shall be attached with Monthly Status Report. Proper justification shall be provided for cases of absence of key personnel/ sub professional staff which do not have prior approval from Project Director of concerned stretch. Authority Engineer have to provide a certificate that all key personnel as envisaged in the Contract Agreement has been actually deployed iii the project. 655) Authority Engineer will intimate concerned Project Director/Project Incharge immediately after establishing its site office regarding installation of Aadhaar based Biometric attendance/ Geotagged selfie-based attendance system and complete address of its site office 6) Fake CV:- If any case of fake/incorrect/inflated CV is found, it shall be dealt with very severely and would result in all possible penal action including blacklisting from future projects of <Agency>. This would also apply even when the consulting firm is not successful in getting the assignment. In case CV of a person is turned out to be fake/incorrect/inflated during the assignment, the consultancy firms will have to refund the salary and perks drawn including interest @12% per annumin respect of the person apart from other consequences. In addition to above, 10% of the salary and perks to be refunded shall be recovered from the Firm as penalty. 8.2.2 Key Personnel 1) The titles, job descriptions, minimum qualifications, and estimated periods of the Consultant’s Key Personnel engagement in carrying out the Services are described in Appendix B to the Contract. 2) The Key Experts shall not be entitled to be paid for overtime nor to take paid sick leave or vacation leave except as specified in Appendix B, and the Consultant’s remuneration shall be deemed to cover these items. 3) Working hours and holidays for Experts are outlined in Appendix B. Foreign Key Experts carrying out Services in India shall be deemed to have commenced or finished work in respect of the Services several days before their arrival in or after their departure from India, as is specified in Appendix B. 4) Any leave-taking by Key Experts shall be subject to the prior approval by the Consultant, who shall ensure that absence for leave purposes shall not delay the progress and or impact adequate supervision of the Services. If Key Experts are not deployed for significant periods, affecting the progress and quality of the assignment, payments may be suspended as per clause 10.6 below. 5) Substitution of Key Experts: a) Unless the Procuring Entity may otherwise agree in writing, no changes shall be made in the Key Experts. b) In case notice to commence services pursuant to Clause 2.1 of this Contract is not ordered by Client within 120 days of signing of contract the key personnel can excuse themselves on valid grounds, e.g., selection on some other assignment, health problem developed after signing of contract, etc. In such a case no penalty shall be levied on the Firm or on the person concerned. The firm shall however be asked to give a replacement by an equal or better scoring person, whenever mobilization is ordered. c) In case notice to commence services is given within 120 days of signing of contract the, the Authority expects all the Key Personnel specified in the Proposal to be available during implementation of the Agreement. The Authority will not consider any 66substitution of Key Personnel except under compelling circumstances beyond the control of the Consultant and the concerned Key Personnel. Such substitution shall be limited to not more than three Key Personnel subject to equally or better qualified and experienced personnel being provided to the satisfaction of the Authority. Replacement of the Team Leader will not normally be considered and may lead to disqualification of the Applicant or termination of the Agreement. Replacement of one Key Personnel shall be permitted subject to reduction of remuneration equal to 5 % (five per cent) of the total remuneration specified for the Key Personnel who is proposed to be replaced. In case of second replacement the reduction in remuneration shall be equal to 10% (ten per cent) and for third and subsequent replacement, such reduction shall be equal to 15% (fifteen per cent). The maximum age limit of replaced key personnel shall be 65 years as on the date of submission of proposal for such replacement. The Consultant shall make all endeavors to ensure that replacement of a Key Personnel is approved before the concerned Key Personnel leaves the consultancy assignment, in any case the Consultant shall submit replacement acceptable to Client not more than 3 weeks after the Key Personnel leaves the consultancy assignment, failing which Client may terminate the Contract in pursuance to Clause 12.1 of GC. The personnel so replaced shall be debarred from future projects for 2 years. For avoidance of doubt it is clarified that for one position replace shall be allowed only once during currency of contract. Repeated replacement for one key position shall not be allowed except in case of death. d) In case, person permanently employed with the firm is to be replaced, technical score of both the CVs shall be compared excluding the marks given for employment with firm. Replacement would be allowed when the Technical Score (excluding the marks given for employment with firm) of the new key person is equal or better than the existing key person's Technical Score excluding marks assigned for permanent employment with the firm. However, the remuneration of such replacement shall be reduced on proportionate basis in case the overall score of the replacement person is less than the overall score of original person. e) Replacement after original contract period is over: - There shall be no limit on the replacements and no reduction in remunerations shall be made. The replacement shall however be of equal or better score. f) If the Employer (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action or (ii) has reasonable ground to be dissatisfied with the performance of any of the Personnel, then the consultant shall, at the Employer’s written request specifying the grounds therefore, forthwith provide a replacement with qualifications and experience acceptable to him. For such replacement there will be no reduction in remuneration. g) The remuneration to the replaced key personnel shall be paid at the original quoted remuneration by the consultancy firm. The amount equivalent to the reduction as mentioned in clause 5(e) above shall be deducted from the overhead quoted by the consultancy firm. 67h) If any member of the approved team of a consultant engaged by <Agency> leaves that consultant before completion of the job, he shall be barred for a period of 6 months to 24 months from being engaged as a team member of any other consultant working (or to be appointed) for any other <Agency>/ MoRTH projects. 6) Additional Key Experts: If additional Key Experts are required to carry out the Services during the execution of the contract, the Consultant shall submit to the Procuring Entity for review and approval a copy of their Curricula Vitae (CVs). If the Procuring Entity does not object in writing (stating the reasons for the objection) within twenty- one (21) days from receiving such CVs, such additional Key Experts shall be deemed approved by the Procuring Entity. The rate of remuneration payable to such new additional Key Experts shall be based on the rates for other Key Experts' positions which require similar qualifications and experience. 7) Notwithstanding anything to the contrary stated in the GCC and SCC, it shall be mandatory to deploy the key personnel and sub-professional as per the Man- Months Input specified in the Terms of Reference. Inadequate deployment of key personnel and sub- professional shall lead to deduction in the monthly payment as per following table. The key personnel and sub-professional shall be considered to be inadequately deployed if he/she is not present for at least 90% (Except the leaves as specified in the Special Conditions of Contract, Appendix B: Hours of Work for Key Personnel) of the time stipulated in the month, ds per the Man-Months input in the Terms of Reference and the Deployment Schedule proposed by the firm Sr. Personnel % reduction of No. monthly remuneration Normal Highway Project 1 Team Leader cum Senior Highway Engineer 20% 2 Resident Engineer cum Highway Engineer 25% 3 Bridge/Structural Engineer 20% 4 Other Key Personnel 20% 5 Sub- Professional Staff 15% Standalone Bridge Project 1 Team Leader cum Senior Bridge Engineer 20% 2 Resident cum Pavement Specialist 25% 3 Bridge/Structural Engineer 20% 4 Other Key Personnel 20% 5 Sub- Professional Staff 15% Standalone Tunnel Project 1 Team Leader cum Senior Tunnel Expert 20% 2 Resident Engineer cum Excavation Specialist 25% 3 Tunnel Design Engineer 20% 684 Other Key Personnel 20% 5 Sub- Professional Staff 15% Note: - 1. In the case of “Other Key Personnel (Sr. No. 4)” and “Sub – Professional Staff (Sr. No. 5)”, “the average availability across the group shall be considered for calculation. 2. The key personnel shall be paid for the only time he has been actually been present at site. Further, a deduction equivalent to the percentage mentioned above, shall be deducted from the gross bill of the consultant as deterrent for inadequate deployment. For avoidance of doubt, in case the Team Leader cum Senior Highway Engineer has been made available for 85 % of the stipulated time in the month, then only 85 % of the monthly remuneration shall be paid to the key personnel. In addition to above, a penalty equivalent to 20 % of the quoted remuneration of Team leader shall also be deducted. In the case of “Other Key Personnel (Sr. No. 4)” and “Sub – Professional Staff (Sr. No. 5)”, for percentage deduction as mentioned above, total remuneration of that group shall be considered for calculation. 3. The 50% of the above deduction shall be recovered from remuneration payable to key personnel and remaining 50% shall be deducted from the payment due to the firm. 4. The non-deployment of any professional staff for any reason including replacement etc shall be considered as absence. And the deduction as mentioned above shall be fully recovered from the payment of the firm. 5. Consultant Have to provide a certificate that all key personnel as envisaged in the contract Agreement has been actually deployed in the project. They have to submit the proof of Aadhar Based Biometric attendance/ Geo –tagged selfie-based attendance/ or any other document as decided by the Authority, at the time of submission of bills to the <agency> 8.2.3 Non-key Personnel the Consultant must ensure the deployment of non-key Personnel as per Annexure C, the Terms of Reference, and the approved Works plan as updated. Daily attendance records of such non-key personnel shall be maintained by the Consultant and shared with the Contract Manager. If the Contract Manager believes that the Consultant is not employing sufficient Non-key personnel as is specified or otherwise for the proper execution of the Services, he shall issue a notice to the Consultant for remedial measures. The Consultant shall forthwith, on receiving intimation to this effect, deploy the additional number of non-key personnel as specified by the Contract Manager immediately, and failure on the part of the Consultant to comply with such instructions 69shall entitle the Procuring Entity to suspend payments as per GCC clause 10.6 for the shortfall in performance or terminate the contract and/ or avail all the remedies thereunder. Such action shall be in addition to the deduction from the Consultant’s payment cost of shortfall personnel as per Annexure C. 8.2.4 Removal of Key and Non-key Experts or Sub-consultants on Orders The Contract Manager 1) The Consultant shall, at the Procuring Entity’s written request, provide a 70Replacement, if the Procuring Entity finds that any of the Experts or Sub-consultant: commits severe misconduct or has been charged with having committed a criminal act a) persists in any misconduct or lack of care; b) is found to be negligent, incompetent or incapable of discharging assigned duties; c) fails to comply with any provision of the Contract; d) based on reasonable evidence, is determined to have engaged breached the Code of Integrity (including Fraud and Corruption) during the execution of the Works; 2) Subject to the requirements in the sub-clause above, and notwithstanding any requirement from the Procuring Entity to request a replacement, the Consultant shall take immediate action as appropriate in response to any violation in the sub-para above. Such immediate action shall include removing (or causing to be removed) such Key/ Non-Key Expert or sub-consultant from carrying out the Services. 3) Any replacement of the removed Experts or Sub-consultants shall possess better qualifications and experience and be acceptable to the Procuring Entity. 4) The Consultant shall bear all costs from or incidental to any removal and/or replacement of such Experts. 8.3. Equipment and Tools of Trade The Consultant must ensure the deployment of Equipment and Tools of Trade necessary to deliver services as per the Terms of Reference and approved Works plan as updated. If the Contract Manager believes that the Consultant is not employing on the Services sufficient Equipment/Tools of Trade as is specified or otherwise for the proper execution of the Services within the prescribed time, the Consultant shall forthwith on receiving intimation to this effect deploy the additional equipment/ tools of the trade as specified by the Contract Manager immediately and failure on the part of the Consultant to comply with such instructions shall entitle the Procuring Entity to suspend payments as per GCC clause 10.6 for the shortfall in performance or terminate the contract and/ or avail any or all the remedies thereunder for breach of contract. Delivery of Services and delays 9.1. Works plan 1) Before the commencement of the Services, the Consultant shall submit for approval of the Contract Manager a Works plan showing the Methods, schedule of delivery of services, and deployment plans for Personnel, Equipment and Materials for the execution of the services. The programme of delivery of Services amended as necessary by discussions with the Contract Manager shall be treated as the agreed Works plan for this Contract. The Services shall be carried out and monitored as per the approved Program as updated. 2) The Contract Manager shall direct the order in which the several components of the Services shall be provided, and the Consultant shall execute all orders the Contract 71Manager gives from time to time without delay. Still, the Consultant shall not be relieved thereby from responsibility for the due performance of the Services in all respects. 9.2. Commencement of Services Effective Date of Contract: Consultant shall commence the Services and shall proceed with due expedition and without delay from the effective date of Contract (all dates of delivery shall be counted from such a date), which shall be the date mentioned as the effective date in the contract, or if not so mentioned: a) 15 days from the Procuring Entity’s notice (unless specified otherwise) to the Consultant instructing him to begin carrying out the Services. This notice shall confirm that the effectiveness prerequisites listed in the contract have been met. b) If no such order is issued,15 days from the date of the Issue of the LOA or the signing of the Contract agreement, whichever is earlier. 2) Commencement of Services: Not later than the number of days after the Effective Date specified in the Contract or the Notice to proceed, the Consultant shall begin carrying out the Services after confirming the following: a) As required by the Contract, all JV members and key experts needed at the beginning of the assignment are effectively participating. b) That upon provision of Bank Guarantees, advance payments, if any, are implemented. c) That the Procuring Entity has provided facilities (including Data, Documents and Background Information) as per the Contract d) that all parties involved in the assignment (users, security team, and other relevant departments of the Procuring Entity and other third-party stakeholders) have been informed by the Procuring Entity e) that all permits, licences, and authorisations have been obtained. 3) Termination of Contract for Failure to Become Effective: If this Contract has not become effective (as per sub-clause 1) above) within such period after the date of Contract signature as specified in the Contract, 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, neither Party shall have any claim against the other Party with respect hereto. 9.3. Contract Management 9.3.1 Consultancy Management Teams The Procuring Entity shall nominate a Contract Manager (or a Consultancy Management Team), and the Consultant shall nominate a counterpart Team Lead to monitor the assignment so that the output is in line with the Procuring Entity's objectives of the Contract. 729.3.2 Review of Phases and Milestones The Contract Manager and Consultant/ Team Lead shall hold progress meetings at various phases and Milestones into which the assignment is divided as per Annexure A. Unless otherwise indicated in Annexure A, the following actions would be taken during such progress meetings. 1) Kick-off Meeting: The contract Manager and the Consultant/ Team Lead shall meet at the start of the assignment to ensure that the Contract requirements are clearly understood by all concerned and that the Contract Management procedures are finalised. 2) Inception Phase Review: The inception meeting shall be held at a period (specified in Annexure A or the Notice to Proceed) after the effective date of the contract or, if not so specified, within 21 days of the effective date. Before this meeting, the consultant must provide a draft Inception Report for discussion. The Consultant shall submit a final Inception Report within the specified time in the ‘Terms of Reference’ or as agreed in the Inception Meeting, or if not so specified, within 7 days of the Inception Meeting. Template for Inception Report may be agreed to beforehand in the Inception Meeting. It should, at the minimum, cover comments and suggestions on the following: a) Terms of Reference b) Work plan and staffing schedule c) Facilities to be provided by the Procuring Entity d) Working arrangements and liaison 3) Periodic Reviews: Unless otherwise decided by the Contract Manager and the Consultant’s Team Lead, periodic review meetings (monthly if not otherwise stipulated) shall be held to review the pace of progress as compared to the Work Plan and remedial actions thereto. 4) Deliverables Reviews: The contract Manager and Consultant/ Team Lead may hold other meetings to review and approve specific deliverables or phases (including Interim and Final Reports) as specified in Annexure A or as agreed between the parties. 9.4. Delivery of services, Time of Delivery and Extensions Thereof 9.4.1 Delivery of Services: The Consultant shall deliver all Services and submit deliverables as per the approved work plan in the manner specified in the Contract. 9.4.2 Time of Delivery of Services is of Essence of the Contract: 1) The time for delivery of Services shall be deemed to be the essence of the contract. Subject to any requirement in the contract as to the completion of any portions or portions of the Services before completion of the whole, the Consultant shall fully and finally complete the whole of the services comprised in the contract as per the Delivery and Completion Schedule stipulated in Annexure A: ‘Terms of Reference’. 732) If at any time during the currency of the contract, the Consultant encounters conditions hindering the timely performance of services; the Consultant shall promptly inform the Procuring Entity in writing about the same and its likely duration. 3) He may request to the Procuring Entity for an extension of the delivery schedule not less than one month before the expiry of the date fixed for completion of the services. Procuring Entity may agree to extend the completion schedule, with or without liquidated damages and denial clause, by issuing an amendment to the contract in terms of the following clauses. 9.4.3 Extension for Excusable Delay Not Due to Consultant 1) If in the opinion of the Consultant, the progress of Services has at any time been delayed due to the following reasons, then within 15 days of such happening causing delay, he shall give notice thereof in writing to the Contract Manager, but shall nevertheless do due diligence to bring down or make good the delays and to proceed with the services: Proceedings taken or threatened by or dispute with external third parties arising otherwise than from the Consultant's own default etc. or delay due to circumstances beyond the control of either party delay authorized by the Contract Manager pending arbitration or Any act or neglect of Procuring Entity, e.g.: i) Delay or failure to issue notice to commence the services or ii) delay or failure to issue necessary instructions for which the Consultant had applied explicitly in writing. iii) Delay in or failure to handover of possession of the site or the necessary facilities/ documents/ data or instructions by the Procuring Entity to the Consultant iv) Delay caused by modification issued by the Contract Manager or v) any other delay caused by the Procuring Entity due to any other cause. 2) The Consultant may also indicate the period for which the Services are likely to be delayed and ask for a necessary extension of time. On receipt of such request from the Consultant, the Contract Manager shall consider the same and grant such extension of time as, in his opinion, is reasonable regarding the nature and period of delay and the type and quantum of work affected thereby. No other compensation shall be payable for work carried forward to the extended period. The same rates, terms, and conditions as the original Contract shall apply during the extended period. 9.4.4 Extension of Time for Inexcusable Delay Due to Consultant 1) If the Consultant fails to deliver the Services within the fixed/ extended period for reasons other than those stipulated in GCC-clause 9.4.3 above, the Procuring Entity may, if satisfied that the service delivery can still be completed within a reasonable time, extend the period further. 742) On such extension, the Procuring Entity shall be entitled without prejudice to any other right and remedy available on that behalf to recover from the Consultant as agreed damages and not by way of penalty Liquidated Damages as per GCC- clause 9.5 below. 3) Provided further that if the Procuring Entity is not satisfied that the service can be completed by the Consultant or in the event of failure on the part of the Consultant to complete the service within the extension of time allowed further as aforesaid, the Procuring Entity shall be entitled without prejudice to any other right or remedy available in that behalf, treat the delay as a breach of contract and avail any or all the remedies thereunder, whether or not actual damage is caused by such default. 4) Inordinate Delays: Delays due to the Consultant of more than one-fourth (25%) of the total completion period shall be treated as inordinate delays. Such inordinate delays shall be noted as poor performance and be held against the Consultant in future procurements. A show-cause notice shall be issued to the Consultant before declaring it a poor performance. Such delays may be considered a breach of the contract at the option of the Procuring Entity. 9.4.5 Extension of Time for Concurrent Delay Due to Both Parties If the Contract Manager determines that two or more events responsible for delay overlap each other. The delays may be concurrently attributable to both Procuring Entity and the Consultant. The proportion for extension of time as per GCC-Clause 9.4.3 or 9.4.4 above shall be determined by plotting each contributing concurrent delay on the critical path. 9.5. Damages and Deductions Thereof 9.5.1 Right of the Procuring Entity to recover Damages. Procuring Entity shall be entitled to, and it shall be lawful to recover Liquidated damages and any other penalty, if levied, as detailed in this clause from all payments due, any Performance Security, or any retention money. 9.5.2 Liquidated damages 1) For delays covered under clause 9.4.4 (Extension of Time for Inexcusable Delay Due to Consultant) above: a) The Procuring Entity shall, without prejudice to other rights and remedies available to the Procuring Entity under the contract, deduct from the contract price as liquidated damages for each week of delay or part thereof until actual delivery or performance, but not as a penalty, a sum equivalent to the 1/2% per cent (or any other percentage if prescribed) of the related monthly bill of the Services. Besides liquidated damages during such a delay, the denial clause as per GCC-clause 9.5.3 shall also apply. Total damages in the contract shall be limited as per clause 9.5.4 below. b) Any failure or delay by any Sub-consultant, though their employment may have been sanctioned, shall not be admitted as a ground for any extension 75of time or for exempting the Consultant from liability for any such loss or damage as aforesaid. 9.5.3 Denial Clause: 1) For delays covered under clause 9.4.4 (Extension of Time for Inexcusable Delay Due to Consultant) above: a) no increases in price on account of any statutory increase in or fresh Imposition of GST, or on account of any other taxes/ duty/ cess/ levy) leviable in respect of the Services and incidental goods/ works stipulated in the said Contract which takes place after the original delivery date shall be admissible on such of the said Services, as are delivered after the said date; and b) Notwithstanding any stipulation in the contract for an increase in price on any other ground, including the price variation clause, no such increase after the original delivery date shall be admissible on such Services delivered after the said date. c) Nevertheless, the Procuring Entity shall be entitled to the benefit of any decrease in price on account of reduction in or remission of GST or on account of any other tax or duty or any other ground as stipulated in the price variation clause, which takes place after the expiry of the original delivery date. 9.5.4 Limit on total Damages However, deduction on account of damages for delays under this clause put together shall be subject to a maximum of 10% (or any other percentage if prescribed) of the entire value of the Contract of Services. Penalties/ liabilities outside this clause shall be covered by GCC clause 12. 9.6. Force Majeure 1) On the occurrence of any unforeseen event beyond the control of either Party, directly interfering with the delivery of Services arising during the currency of the contract, such as war, hostilities, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, or acts of God, the affected Party shall, within a week from the commencement thereof, notify the same in writing to the other Party with reasonable evidence thereof. Unless otherwise directed by the Procuring Entity in writing, the Consultant shall continue to perform its obligations under the contract as reasonably practicable and seek all reasonable alternative means for performance not prevented by the Force Majeure event. If the force majeure condition(s) mentioned above be in force for 90 days or more at any time, either party shall have the option to terminate the contract on expiry of 90 days of commencement of such force majeure by giving 14 days’ notice to the other party in writing. In case of such termination, no damages shall be claimed by either party against the other except 76those which had occurred under any other clause of this Contract before such termination. 2) Notwithstanding the remedial provisions contained in GCC-clause 9.5 and 12, none of the Party shall seek any such remedies or damages for the other Party's delay and/ or failure in fulfilling its obligations under the contract if it is the result of an event of Force Majeure. Prices and Payments 10.1. Prices 10.1.1Contract Price 1) The Contract price is outlined in the Contract. The Contract price breakdown is provided in Appendix C, and the total payments under this Contract shall not exceed this Contract price. 2) Any change to the Contract price specified above can be only made if the Parties have agreed to the revised scope of Services under GCC clause 2.6 and have amended the Terms of Reference in Appendix A in writing. 10.1.2 Firm Prices Unless otherwise stipulated in the contract, Prices shall be fixed and firm. If the Price Variation Clause is included, such up and down, variations shall also be payable. 10.1.3 Variations In case the Contract provides for a Price Variation Clause or variation on any other account, the price shall be subject to adjustment as per such clauses only during the original Delivery Period, subject to the following: For Extension of Time covered by clause 9.4.5 above, any increase due to such variations during the extended delivery period beyond the original delivery period shall not be paid by the Procuring Entity; however, it shall be entitled to any reduction under GCC clause- 9.5.3 (Denial Clause). Taxes and duties, if any, chargeable and payable on the Services shall be charged on the nett price after variations. While claiming payments where such variations are applicable, the Consultant must submit its calculations for each invoice, even if the payment for these variations is nil. Any price reduction due to such variations must be passed to the Procuring Entity. No Other Claim due to Variations: With the payment of such variations, no additional individual claim shall be admissible on account of fluctuations in market rates, increase in taxes/any other levies/tolls etc. If the Price Variation clause is applicable as per the contract, the price shall be subject to adjustment to take care of the changes in the cost of labour, material, and fuel/ power components as per the price variation formula specified therein. 77Base Month: Unless otherwise stipulated in the contract, the ‘Base Month’ for the ‘Price Variation Clause’ shall be taken as the month before the month of the last date of Proposal submission. Unless the contract has stipulated a different time lag for reckoning Price Variation, the month of reckoning the variated price shall be the month before the month in which delivery has been made. The Price Variation shall be based on the relevant Indices in the Base Month and Month of reckoning. Applicability: If the Contract provides for some inputs to be supplied by Procuring Entity free or at a fixed rate, the cost of such inputs shall be excluded from the value of the Goods supplied in the relevant month for payment/recovery Of price variation. 10.2. Taxes and Duties The Consultant, Sub-consultants, and Experts shall be entirely responsible for all taxes, duties, fees, levies etc., incurred relating to the delivery of the Services. Further instruction, if any, shall be as provided in the Contract. If applicable under relevant tax laws and rules, the Procuring Entity shall deduct from all payments and deposit required taxes to respective authorities on account of GST Reverse Charge Mechanism; Tax Deducted at Source (TDS), and Tax Collected at Source (TCS) relating to Income Tax, labour cess, royalty etc. Payment of GST Tax under the contract: (a) The payment of GST and GST Cess to the Consultant shall be made only on the latter submitting a GST compliant Bill/ invoice indicating the appropriate HSN code and applicable GST rate duly supported with documentary evidence as per the provision of the relevant GST Act and the Rules made there under. The delivery of Services shall be shown as being made in the name, location/ state, and GSTIN of the beneficiary of the Services only; the location of the procurement office of the procuring entity has no bearing on the invoicing. (b) Provision w.r.t. E-Invoicing requirement as per GST laws: Consultant who is required to comply with the requirements of E-invoice as per the GST Law, all payments shall be made against proper e-invoice(s) only. Invoices issued in violation shall not be processed for payment, as Procuring Entity shall not be allowed to avail of Input Tax Credit (ITC) against such invoices. (c) Returns and details required to be filled under GST laws & rules regarding invoices (or e-invoices) should be filed promptly by the Consultant. If input tax credit (ITC) is not available to Procuring Entity for any reason attributable to the Consultant, then Procuring Entity shall not be liable to pay or reimburse GST (CGST & SGST/UTGST or IGST) claimed in the invoice(s) and shall be entitled to deduct / setoff/ recover such GST amounts (CGST & SGST/UTGST or IGST) together with penalties and interest, if any, by adjusting against any amounts paid or becomes payable in future to the Consultant under this contract or under any other contract. 78(d) While claiming reimbursement of duties, taxes etc. (like GST) from the Procuring Entity, as and if permitted under the contract, the Consultant shall also certify that in case it gets any refund out of such taxes and duties from the concerned authorities at a later date, it (the Consultant) shall refund to the Procuring Entity, the Procuring Entity’s share out of such refund received by the Consultant. The Consultant shall also refund the appropriate amount to the Procuring Entity immediately after receiving the same from the concerned authorities. (e) All necessary adjustment vouchers, such as Credit Notes/ Debit Notes for any short/ excess delivery of Services or revision in prices or any other reason under the contract, shall be submitted to the Procuring Entity in compliance with GST provisions. (f) GST shall be paid as per the rate at which it is liable to be assessed or has been assessed, provided the provision of Services is legally liable to such taxes and is payable as per the terms of the contract subject to the following conditions: i) The Procuring Entity shall not pay a higher GST rate if leviable due to any misclassification of the HSN number or incorrect GST rate incorporated in the contract due to the Consultant's fault. Wherever the Consultant invoices the Goods at GST rate or HSN number, which is different from that incorporated in the contract, payment shall be made as per GST rate, which is lower of the GST rates incorporated in the contract or billed. ii) However, the Procuring Entity shall not be responsible for the Consultant's tax payment or duty under a misapprehension of the law. iii) The consultant is informed that he shall be required to adjust his basic price to the extent required by a higher tax rate billed as per invoice to match the all-inclusive price mentioned in the contract. iv) In case of profiteering by the Consultant relating to GST tax, the Consultant shall treat it as a violation of the Code of Integrity in the contract and avail any or all punitive actions thereunder, in addition to recovery and action by the GST authorities under the Act. (g) The Consultant should issue Receipt vouchers immediately on receipt of all types of payments along with tax invoices after adjusting advance payments, if any, as per Contractual terms and GST Provisions. (h) Liquidated damages or any other recoveries should be shown as deductions on the invoice, and GST shall be applicable only on the net balance payment due. Statutory Variation Clause: Unless otherwise stated in the contract, statutory increase in applicable GST rate only during the original delivery period shall be to Procuring Entity’s account. Any increase in the rates of GST beyond the original completion date during the extended delivery period (excepting extension under GCC-Clause 9.4.3) shall be borne by the Consultant. The benefit of any reduction in the GST rate must be passed on to the Procuring Entity during the original and extended delivery period. However, GST rate amendments shall be 79considered for quoted HSN code only, against documentary evidence, provided such an increase of GST rates occurs after the last proposal submission date. 10.3. Terms and Mode of Payment 1) Unless otherwise stipulated, the usual payment term is 100% on delivery and acceptance of Services at ‘the Site’ by the Procuring Entity and the Consultant's production of all required documents. 2) The payments shall be made as per Procuring Entity’s payment procedures. Unless otherwise stipulated in the contract, payments above INR 5,000 (or any other specified threshold) to Consultants shall only be made through EFT (Electronic Funds Transfer). The Consultant shall consent in a mandate form for receipt of payment through NEFT (National Electronic Fund Transfer). In case of non-payment through EFT or where the EFT facility is unavailable, payment may be released through cheque. 3) In Domestic Contracts, payments shall only be made in Indian Rupees. In Global Tenders, payment to foreign Consultants shall be made in the currency/ currencies authorized in the contract. However, agency commission and local value addition shall be paid only in Indian Rupees. 4) The Consultant shall send its claim for payment in writing as per GST-compliant Invoice and documents, when contractually due, along with relevant documents etc., as stipulated in the Contract and as specified therein. 5) While claiming payment, the Consultant is also to certify in the bill that the payment being claimed is strictly in terms of the contract and all the Consultant's obligations for claiming that payment has been fulfilled as required. 10.4. Withholding and lien in respect of sums claimed: 1) Whenever any claim or claims for payment of a sum of money arises against the Consultant, out of or under the contract, the Procuring Entity shall be entitled, and it shall be lawful on his part, to withhold and also have a lien to retain such sum or sums, in whole or in part pending finalisation or adjudication of any such claim from - a) any security or retention money, if any, deposited by the Consultant. b) Any sum(s) payable till now or hereafter to the Consultant under the same Contract or any other contract with the Procuring Entity if the security is insufficient or if no security has been taken from the Consultant. 2) Where the Consultant is a partnership firm or a limited company, the Procuring Entity shall be entitled, and it shall be lawful on his part, to withhold and also have a lien to retain towards such claimed amount or amounts in whole or in part from any sum found payable to any partner/ limited company, as the case may be, whether in his capacity or otherwise. 3) It is an agreed term of the contract that the sum(s) of money so withheld or retained under the lien referred above shall be kept withheld or retained till the claim arising out of or under the contract is determined under GCC clauses 11 and/ or 12. The 80Consultant shall have no claim for interest or damages whatsoever on any account regarding such withholding or retention under the supra lien and duly notified to the Consultant. 4) Lien in respect of Claims in other Contracts: Any sum of money due and payable to the Consultant (including the security deposit returnable to him) under the contract may be withheld or retained by way of lien by the Procuring Entity or Government against any claim of the Procuring Entity or Government in respect of payment of a sum of money arising out of or under any other contract made by the Consultant with the Procuring Entity or Government. 10.5. Payments to Consultant 10.5.1 General 1) All payments under this Contract shall be made to the Consultant's accounts Specified in the contract. 2) Currency of Payment: Unless otherwise specified in the Contract, any payment shall be made in Indian Rupees (INR). 3) The Itemized Invoices: As soon as practicable and not later than fifteen (15) days after the end of each time interval stipulated in the Contract in this regard (if not stipulated, then after the end of each calendar month), the Consultant shall submit to the Procuring Entity, in duplicate, itemized invoices, accompanied by the receipts or other appropriate supporting documents, of the amounts payable for such an interval under GCC Clause 10.5. Separate invoices shall be submitted for expenses incurred in foreign and local currencies. Each invoice shall show remuneration and reimbursable expenses separately. 4) The Contract Manager shall cross-check all relevant records before passing the Consultant's bills. Upon verification of the records by Procuring Entity, payments can be released to the Consultant. 5) The Procuring Entity shall pay the Consultant’s invoices within sixty (60) days after the receipt by the Procuring Entity of such itemized invoices with supporting documents. Only a portion of an invoice not satisfactorily supported may be withheld from the payment. Should any discrepancy exist between actual payment and costs authorized to be incurred by the Consultant, the Procuring Entity may add or subtract the difference from subsequent payments. 6) Except for the final payment under GCC Clause 10.5.5 below, payments do not constitute acceptance of the Services nor relieve the Consultant of any obligations. 7) Time-Based (Inputs admeasurement): Unless instructed in writing by the Procuring entity, payments shall not be made for any extra inputs deployed over and above Annexure A, Annexure B, or Annexure C mentioned in the contract. Nevertheless, if such inputs are deployed less than those stipulated, deductions shall be made based on the rates indicated for the inputs listed in Annexures C and D in the contract. 8) The remuneration for professional staff (Key personnel and sub professional staff quoted in Appendix C-1 shall be credited into a separate Escrow Account wherein release of the remuneration of the Key-Personnel in their respective salary account would be jointly regulated by the Authority and AE firm. The remaining payment(after deducting the remuneration of professional staff and any other deduction) as quoted by the consultant shall be credited in the bank account of the consultant firm. All payment of salary to all key personnel in their respective bank accounts through electronic mode only. No cash transaction w.r.t salary will be made. 8) Consultants shall be paid billing rates for services rendered by the personnel of all categories namely (i) key Personnel; (ii) sub-Professional personnel and (iii) Support staff on man-month basis. Billing rates of remaining items of the financial proposal, namely (i) transportation, (ii) Duty travel to site (iii) Office Rent, (iv) office supplies communication etc. (v) reports & document printing and (vi) survey equipment etc. shall be worked out month wise as per actual expenditure. 9) Beginning 13th months from the last date of submission of bid, billing rates shall be increased to cover all items of contract i.e. remuneration, vehicle hire, office rent, consumables, furniture etc. @ 5% every 12 months. However, for evaluation and award of the Bid proposals, the quoted initial rate (as applicable for first 12 months from last date of submission of bid) shall be multiplied by the total time input for each position on this contract, i.e. without considering the increase in the billing rates. All payments shall be made in Indian Rupees and shall be subjected to applicable Indian laws withholding taxes if any. Remuneration paid pursuant to the rates set forth in Appendix- C shall be adjusted every twelve (12) months (and, the first time, with effect for the billing rates earned in the 13th calendar month after the last date of submission of bid) by 5% every 12 month for personnel. Notwithstanding any other provisions in the agreement in this regard, this provision will prevail and override any other provision to the contrary in this agreement 10) Payment of Authority Engineer shall be released on approval of the monthly reports. Report shall be approved by the Authority only if it includes all the sections prescribed in the format and submitted as per specified timelines. 11) Payment shall be released as per rates quoted in Appendix C3- Breakup of Local currency costs 12) For equipment based road inspection to be conducted in O&M phase, payment shall be released as per actual use of equipment on road and rates quoted in Appendix C3- Breakup of Local currency costs. 13) If any of the report is found to be misleading or containing incorrect information as determined by the Authority, 10% of payment linked to that report shall be deducted as penalty 14) It is understood(i)that the remuneration rates shall cover(A) such salaries and allowances as the Consultants shall have agreed to pay to the Personnel as well as factors for social charges and overhead, and (B)the cost of back stopping by home office staff not included in the Personnel listed in 82Appendix C, and(C)the Consultants' fee;(ii)that bonuses or other means of profit-sharing shall not be allowed as an element of overhead, and(iii)that any rates specified for persons not yet appointed shall be provisional and shall be subject to revision, with the written approval of the Client, once the applicable salaries and allowances are known. 15) Remuneration for periods of less than one month shall be calculated on an hourly basis for actual time spent in the Consultants' home office and directly attributable to the Services (one hour being equivalent to 1/240th of a month) and on a calendar-day basis for time spent away from home office (one day being equivalent to 1/30th of a month). 10.5.2 The rates for foreign and local Personnel are set forth in Appendix C-1. 10.5.3 Advance Payments 1) If the contract provides explicitly for Advance Payments to be made to the Consultant, then on the request of the Consultant, the Procuring Entity shall make the advance payment to the Consultant against submission of an unconditional Bank Guarantee from a Commercial bank acceptable to the Procuring Entity in amounts equal to 110% (one hundred ten per cent) of the amount of the advance payment being requested. Such Bank Guarantee shall be in the form outlined in Appendix E-2 or the other form the Procuring Entity shall have approved in writing. Advance payments shall be released in not less than two instalments commensurate with work progress. 2) The Bank Guarantee shall remain effective until the advance payment has been repaid, but the amounts repaid by the Consultant shall progressively reduce the guaranteed amount. Interest shall not be charged on the advance payment. However, if the contract is terminated due to the Consultant's default, the Advance payment shall be deemed an interest-bearing advance at the prevailing rate (MIBID - Mumbai Interbank Proposal Rate) on the date of such advance payment. 3) The Consultant is to use the advance payment only for the performance of Services. The Consultant shall demonstrate that the advance payment has been used by Utilization certificate enclosing copies of invoices or other documents to the Contract Manager. Further instalments shall be released after getting a satisfactory utilization certificate from the Consultant for the earlier instalment. 4) The advance payment shall be recovered in a time-based manner not linked with the work progress by deducting proportionate amounts from payments otherwise due to the Consultant for the Services performed. Any delayed recoveries due to the late submission of bills by the Consultant shall attract interest at the prevailing rate (MIBID - Mumbai Interbank Proposal Rate). No account of the advance payment or repayment shall be taken in assessing valuations of Services performed, variations, price adjustments, or liquidated damages. 10.5.3 Remuneration and Reimbursable Expensesa) The Procuring Entity shall pay to the Consultant (i) remuneration that shall be determined based on time spent by each Expert in the performance of the Services after the date of commencing of Services or such other date as the Parties shall agree in writing; and (ii) reimbursable expenses that are actually and reasonably incurred by the Consultant in the performance of the Services. b) All payments shall be at the rates outlined in Appendix C and Appendix D. c) Unless the Contract provides for the price adjustment of the remuneration rates, said remuneration shall be fixed for the duration of the Contract. d) The remuneration rates shall cover: (i) such salaries and allowances as the Consultant shall have agreed to pay to the Experts as well as factors for social charges and overheads (bonuses or other means of profit-sharing shall not be allowed as an element of overheads), (ii) the cost of backstopping (reinforcement/ support) by home office staff not included in the Experts’ list in Appendix B, (iii) the Consultant’s profit, and (iv) any other items as specified in the contract. e) Any rates specified for Experts not yet appointed shall be provisional and be subject to revision, with the written approval of the Procuring Entity once the applicable remuneration rates and allowances are known. 10.5.4 "On-Account" Payments 1) the Consultant shall be entitled to be paid (unless otherwise stipulated in the contract) by way of "On-Account" payment, only for such Services, as in the opinion of the Contract Manager, the Consultant has executed in terms of the contract during the period. All payments due against the Contract Manager or his representative's certificates shall be subject to any deductions, which may be made under the contract, always provided that the Contract Manager may by any certificate make any correction or modification in any previous certificate, which he may have issued. The Contract Manager may withhold any certificate if the Services or any part thereof are not carried out as per the contractual performance standards. 2) On-Account Payments Not Prejudicial to Final Settlement: "On-Account" payments made to the Consultant shall be without prejudice to the final settlement of the accounts. They shall not be considered or used as evidence of any facts stated in or inferred from such accounts, any particular quantity of service being executed, or the manner of its execution being satisfactory. 3) The Final Payment: 10.5.5 Final Payment 1) The final payment under this Clause shall only be made after the final report/ deliverables and a final invoice, identified as such, shall have been submitted by the Consultant and approved as satisfactory by the Procuring Entity. Completion certificate/ Final payment shall be made only after ensuring that all facilities/ documents/ sites have been returned to the Procuring Entity as per GCC clause 5.14. The Services shall be deemed completed and finally accepted by the Procuring Entity. 2) The Consultant shall submit a final bill on the Contract Manager's acceptance 84certificate of final deliverables. The Final payment shall be made as per the following calculations after receiving a clear "No Claim Certificate” signed by the Consultant: a) necessary adjustment for any payments already made or retained b) any deduction which may be made under the contract, c) A complete account of all claims the Consultant may have on the Procuring Entity, and the Contract Manager gave a certificate in writing that such claims are correct, 3) The final report and final invoice shall be deemed approved by the Procuring Entity as satisfactory ninety (90) calendar days after receipt of the final report and final invoice by the Procuring Entity unless the Procuring Entity, within such ninety (90) calendar day period, gives written notice to the Consultant specifying in detail deficiencies in the Services, the final report or final invoice. The Consultant shall promptly make any necessary corrections, and the preceding process shall be repeated. 4) Any amount that the Procuring Entity has paid or has caused to be paid under this Clause more than the amounts payable under the provisions of this Contract shall be reimbursed by the Consultant to the Procuring Entity within thirty (30) days after receipt by the Consultant of notice thereof. Any such claim by the Procuring Entity for reimbursement must be made within twelve (12) calendar months after receipt by the Procuring Entity of a final report and a final invoice approved by the Procuring Entity in accordance with the above. 10.5.6 No Claim Certificate and Release of Contract Securities The Consultant shall submit a ‘No-claim certificate’ to the Procuring Entity in such form as shall be required by the Procuring Entity after the Services are finally accepted and before the final payment/ performance securities are released. The Procuring Entity shall release the contractual securities without any interest if no outstanding obligation, asset, or payments are due from the Consultant. The Consultant shall not be entitled to make any claim whatsoever against the Procuring Entity under or arising out of this Contract, nor shall the Procuring Entity entertain or consider any such claim, if made by the Consultant, after he shall have signed a "No Claim" Certificate in favour of the Procuring Entity. The Contactor shall be debarred from disputing the correctness of the items covered by the "No Claim" Certificate or demanding arbitration. 10.5.7 Post Payment Audit Notwithstanding the issue of the Completion Certificate and release of final Payment, the Procuring Entity reserves the right to carry out within 180 days (unless otherwise stipulated in the contract) of such completion/ final payment, a post-payment audit and/ or technical examination of the Services and the final bill including all supporting vouchers, abstracts etc. If any over-payment to the Consultant is discovered due to such examination, the Procuring Entity shall claim such amount from the Consultant. 10.5.8 Signature on Receipts for Amounts Every receipt for money, which may become payable, or for any security which maybecome transferable to the contractors under the contract, shall be signed by a person authorized to do so by the Consultant (or otherwise as per GCC-Clause 4.2), to be a suitable and sufficient discharge to the Procuring Entity in respect of the sums of money or security purported to be acknowledged thereby. In the event of the death of any Consultant or partner during the pendency of the contract, every receipt by anyone of the surviving constituents shall be suitable and sufficient discharge as aforesaid. Nothing in this Clause shall be deemed to prejudice or effect any claim that the Procuring Entity may have against the legal representative regarding any breach of any contract conditions by any Consultant partner/member so dying. Nothing in this clause shall be deemed to prejudice or affect the respective rights or obligations of the Consultant partners/ members and the legal representatives of any deceased Consultant partners/ members. 10.6. Suspension of Payments The Procuring Entity may, by written notice of suspension to the Consultant, suspend part or all payments to the Consultant hereunder if the Consultant fails to deliver the Services as per the Terms of Reference, including the non-rectification of notified defects in the Services/ deliverables, 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) calendar days after receipt by the Consultant of such notice of suspension. Such a suspension shall not entitle the Consultant to any extension of time for delivery of Service. 10.7. Payment Against Time-Barred Claims In accordance with the Limitation Act 1963, all claims against the Procuring Entity shall be legally time-barred after three years calculated from when the payment falls due unless the payment claim has been under correspondence. The Procuring Entity is entitled to, and it shall be lawful to reject such claims. 10.8. Commissions and Fees The Consultant shall disclose any commissions or fees that may have been paid or are to be paid to agents, representatives, or commission agents concerning the selection process or execution and performance of this Contract. The information disclosed must include the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee. 86Resolution Disputes 11.1. Disputes and Excepted Matters All disputes and differences between the parties hereto, as to the construction or operation of this Contract, or the respective rights and liabilities of the parties on any matter in question, or any other account whatsoever, but excluding the Excepted Matters (detailed in GCC-Clause 11.2 below); arising out of or in connection with the contract, within thirty (30) days from aggrieved Party notifying the other Party of such matters; whether before or after the completion/ termination of the contract, that cannot be resolved amicably between the Contract Manager and the Consultant, shall be hereinafter called the “Dispute”. The aggrieved party shall give a ‘Notice of Dispute’ indicating the Dispute and claims citing the relevant Contractual clause to the designated authority requesting invoking the following dispute resolution mechanism. Before any recourse to courts, the dispute shall be resolved through dispute resolution mechanisms detailed subsequently in the sequence mentioned below, and the next mechanism shall not be invoked unless the earlier mechanism has been invoked or has failed to resolve it within the deadline mentioned therein. Adjudication Conciliation Arbitration 11.2. Excepted Matters Matters for which provision has been made in any Clause of the contract shall be deemed as ‘excepted matters’ (matters not disputable/ arbitrable), and decisions of the Procuring Entity, thereon, shall be final and binding on the Consultant. The ‘excepted matters’ shall stand expressly excluded from the purview of the sub-clauses below, including Arbitration. However, where the Procuring Entity has raised the dispute, this sub-clause shall not apply. Unless otherwise stipulated in the contract, excepted matters shall include but are not limited to: 1) Any controversies or claims brought by a third party for bodily injury, death, property damage or any indirect or consequential loss arising out of or in any way related to the performance of this Contract (“Third Party Claim”), including, but not limited to, a Party’s right to seek contribution or indemnity from the other Party in respect of a Third- Party Claim. 2) Issues related to the pre-award Procurement Process or conditions 3) Issues related to ambiguity in Contract terms shall not be taken up after a Contract has been signed. All such issues should be highlighted before the signing of the contract by the Consultant. 4) Provisions incorporated in the contract which are beyond the purview of The Procurement Entity or are in pursuance of policies of Government, including but not limited toa) Provisions of restrictions in terms of the Make in India policy of the Government b) Provisions regarding restrictions on Entities from Countries having land borders with India in terms of the Central Government’s policies in this regard. c) Relaxations stipulated for Startups etc. 11.3. Adjudication After exhausting efforts to resolve the Dispute with the Contract Manager executing the contract on behalf of the Procuring Entity, the Consultant shall give a ‘Notice of Adjudication’ specifying the matters which are in question or subject of the dispute or difference indicating the relevant contractual clause, as also the amount of claim item- wise to Head of Procurement or any other authority mentioned in the contract (hereinafter called the “Adjudicator”) for invoking resolution of the dispute through Adjudication. During his adjudication, the Adjudicator shall give adequate opportunity to the Consultant to present his case. Within 60 days after receiving the representation, the Adjudicator shall make and notify decisions in writing on all matters referred to him. During the adjudication proceedings, the parties shall not initiate any conciliation, arbitral, or judicial proceedings in respect of a dispute that is the subject matter of the adjudication proceedings. If not satisfied by the decision in adjudication, or if the adjudicator fails to notify his decision within the abovementioned time-frame, the Consultant may proceed to invoke the process of Conciliation as follows. 11.4. Conciliation of disputes 1) Parties may invoke Conciliation, in terms of the Arbitration and Conciliation Act 1996, by submitting a “Notice of Conciliation” to the other party with a request to the Head of the Procuring Organisation to notify a Conciliator. Since conciliation is voluntary, within 30 days of “Notice of Conciliation”, the Head of the Procuring Organisation shall notify a sole Conciliator if the other party is agreeable to entering Conciliation. If the other party is not agreeable to Conciliation, the aggrieved party may invoke Arbitration. 2) The Conciliator shall proactively assist the parties to reach an amicable settlement independently and impartially within the contract terms within 60 days from the appointment date. 3) If the parties agree on a dispute settlement, they shall draw up a written settlement agreement duly signed by the parties and conciliator. When the parties sign the settlement agreement, it shall be final and binding on the parties. The dispute shall be treated as resolved on the date of such agreement. 4) During the conciliation proceedings, the parties shall not initiate any arbitral or judicial proceedings in respect of a dispute that is the subject matter of the conciliation proceedings. 5) Termination of Conciliation: Disputes shall remain alive if the conciliation is terminated as follows: 88a) By written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified on the date of such declaration; or b) By a written declaration of any party to the conciliator to the effect that the conciliation proceedings are terminated on the date of such declaration; or c) If the parties fail to reach an agreement on a settlement of the dispute within 60 days of the appointment of the Conciliator 6) On termination of Conciliation, the aggrieved party shall be free to invoke Arbitration if the dispute is still alive. 11.5. Arbitration Agreement 11.5.1This Agreement 1) This Arbitration Agreement (hereinafter referred to as this “Agreement”) relating to this Contract (hereinafter called the “Main Agreement” for this agreement) is made under the provisions of The Arbitration and Conciliation Act, 1996, as amended from time to time and the rules thereunder (hereinafter called The Arbitration Act). This Agreement shall continue to survive termination, completion, or closure of the Main Agreement for 120 days afterwards. 2) Subject to aforesaid provisions, relevant clauses of the contract shall apply to the appointment of arbitrators and arbitration proceedings under this Agreement. 3) The Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 provides parties to a dispute (where one of the parties is a Micro or Small Enterprise) to be referred to the Micro and Small Enterprises Facilitation Council if the dispute is regarding any amount due under Section 17 of the MSMED Act, 2006. If a Micro or Small Enterprise, being a party to dispute, refers to the MSMED Act 2006, these provisions shall prevail over this Agreement. However, if an arbitrator has already been appointed under this agreement before the appointment of a conciliator/ arbitrator by the facilitation council, the arbitrator already appointed under this agreement shall continue to perform the duties including on matters related to delayed payments. Such an arbitrator shall be deemed to be the arbitrator appointed by the facilitation council. None of the parties shall approach the facilitation council to appoint an arbitrator once an arbitrator under this agreement has already been appointed. 11.5.2 Notice for Arbitration 1) Authority to Appoint Arbitrator(s): For this Arbitration Agreement, ‘The Appointing Authority’ to appoint the arbitrator shall be Head of the Procuring Organisation or any other authority or Arbitration Institution named in the contract and includes if there be no such authority, the officer who is for the time being discharging the functions of that authority, whether in addition to other functions or otherwise. 2) In the event of any dispute as per GCC-clause 11.1 above, if the Adjudicator fails to decide within 60 days (as referred in 11.3 above), or the Conciliation isterminated (as referred in sub-clause 11.4 above), then any party to the contract, after 60 days but within 120 days of ‘Notice of Dispute” (clause 11.1 above) shall request the other party through a “Notice for Arbitration” in writing that the dispute or difference be referred to arbitration. 3) The “Notice for arbitration” shall specify the matters in question or the subject of the dispute or difference, indicating the relevant contractual clause and the amount of claim item-wise. 11.5.3 Reference to Arbitration After appointing Arbitrator(s), the Appointing Authority shall refer the Dispute to them. Only such dispute or difference shall be referred to arbitration regarding which the demand has been made, with counter-claims or set off. Other matters shall be beyond the jurisdiction of the Arbitrator(s) 11.5.4 Appointment of Arbitrator 1) Qualification of Arbitrators: a) In the case of retired officers of The Procuring organization, they shall have retired in the rank of Senior administrative grade (or equivalent) and shall have retired at least 1 year prior and must not be over 70 years of age on the date of Notice for arbitration. b) The arbitrator(s) shall be expert with extensive experience in relation to the matter in dispute. c) He/ they shall not have had an opportunity to deal with the matters to which the contract relates or who, in the course of his/ their duties as an officer of the Procuring Organisation, expressed views on any or all of the matters under dispute or differences. A certification to this effect (as per Format 1.1.4) shall be taken from Arbitrators. The proceedings of the Arbitral tribunal or the award made by such Tribunal shall, however, not be invalid merely for the reason that one or more arbitrators had, in the course of his service, an opportunity to deal with the matters to which the contract relates or who in the course of his/ their duties expressed views on all or any of the matters under dispute. d) An Arbitrator may be appointed notwithstanding the total number of arbitration cases in which he has been appointed. e) Not be other than the person appointed by The Appointing Authority, and if for any reason that is not possible, the matter shall not be referred to arbitration. 2) Replacement of Arbitrators If one or more of the arbitrators appointed as above refuses to act as arbitrator, withdraws from his office as arbitrator, or in the event of the arbitrator dying, neglecting/ unable or unwilling or refusing to act for any reason, or his award being set aside by the court for any reason, or in the opinion of The Appointing Authority fails to act without undue delay, the Appointing Authority shall appoint new 90arbitrator/ arbitrators to act in his/ their place in the same manner in which the earlier arbitrator/ arbitrators had been appointed. Such a re-constituted Tribunal may, at its discretion, proceed with the reference from the stage at which it was left by the previous arbitrator (s). 3) Appointment of Arbitrator: a) In cases where the total value of all claims in question added together does not exceed Rs 50,00,000/ - (Rupees Fifty Lakh only), the Arbitral Tribunal shall consist of the sole Arbitrator. For this purpose, The Appointing Authority shall send to the Consultant, within 60 days from receipt of a written and valid notice for arbitration, a panel of at least four (4) names of retired officers duly indicating their retirement dates. b) The Consultant shall be asked to nominate at least two names out of the panel for appointment as his nominee within 30 days from the dispatch date of the request by The Appointing Authority. The Appointing Authority shall appoint at least one out of them as the sole arbitrator within 30 days from the receipt of the names of the Consultant’s nominees. c) In cases where the total value of all claims in question added together exceeds Rs 50,00,000/ - (Rupees Fifty Lakh only), the Arbitral Tribunal shall consist of three (3) retired Officers of the Procuring Organisation. arbitrators. For this purpose, The Appointing Authority shall send a panel of at least four (4) names of such Officer(s) empanelled to work as Arbitrators duly indicating their retirement date to the Consultant within 60 days from the day when a written and The Appointing Authority receives valid demand for arbitration. d) The Consultant shall be asked to nominate at least 2 names out of the panel for appointment as his nominee within 30 days from the dispatch date of the request by The Appointing Authority. The Appointing Authority shall appoint at least one of them as the Consultant’s nominee. It shall also simultaneously appoint the balance number of arbitrators from the panel or outside the panel, duly indicating the ‘Presiding Arbitrator’ from amongst the 3 arbitrators so appointed within 30 days from the receipt of the names of the Consultant’s nominees. e) If the Consultant does not suggest his nominees for the arbitral tribunal within the prescribed timeframe, The Appointing Authority shall proceed to appoint the arbitral tribunal within 30 days of the expiry of such a time Provided to the Consultant. 11.5.5 Failure to appoint Arbitrators. If The Appointing Authority fails to appoint an arbitrator within 60 (sixty) days, then the Appointment of the Arbitrator may be sought under the relevant provision of the Arbitration and Conciliation Act 1996, as amended.11.5.6 The Arbitral Procedure 1) Effective Date of Entering Reference: The arbitral tribunal shall be deemed to have entered the reference on the date the arbitrator(s) received notice of their appointment. All subsequent time limits shall be counted from such date. 2) Seat and Venue of Arbitration: The seat of arbitration shall be where the Letter of Award or the contract is issued. The venue of arbitration shall be the same as the seat of arbitration. However, in section 20 of The Arbitration Act, the arbitrator, at his discretion, may determine a venue other than the seat of the arbitration without affecting the legal jurisdictional issues linked to the seat of the arbitration. 3) If the Adjudication and/ or Conciliation mechanisms had not been exhausted before such a reference to Arbitration, the Arbitrator should ask the aggrieved party to approach the designated authority for such mechanisms before the Arbitration proceedings are started. 4) The claimant shall submit to the Arbitrator(s) with copies to the respondent his claims stating the facts supporting the claims along with all the relevant documents and the relief or remedy sought against each claim within 30 days from the date of appointment of the Arbitral Tribunal unless otherwise extension has been granted by Arbitral Tribunal. 5) On receipt of such claims, the respondent shall submit its defence statement and counter-claim(s), if any, within 60 days of receipt of the copy of claims, unless otherwise extension has been granted by Arbitral Tribunal. 6) No new claim shall be added during proceedings by either party. However, a party may amend or supplement the original claim or defence thereof during arbitration proceedings subject to acceptance by the Tribunal due to the delay in making it. 7) Statement of claims, counterclaims and defence shall be completed within six months from the effective reference date. 8) Oral arguments to be held on a day-to-day basis: Oral arguments as far as possible shall be heard by the arbitral tribunal daily, and no adjournments shall be granted without sufficient cause. The arbitrator (s) may impose an exemplary cost on the party seeking adjournment without sufficient cause. 9) Award within 12 (twelve) months: The arbitral tribunal is statutorily bound to deliver an award within 12 (twelve) months from when the arbitral tribunal enters reference. The award can be delayed by a maximum of six months under exceptional circumstances where all parties consent to such an extension. The court's approval shall require further extension if the award is not made out within an extended period. When an application for an extension of time is awaiting before the court, the arbitrator's proceedings shall continue until the disposal of the application. 10) Fast Track Procedure: The parties to arbitration may choose to opt for a fast-track procedure either before or after the commencement of the arbitration. The award in fast-track arbitration is to be made within six months, and the arbitral tribunal shall be entitled to additional fees. The salient features of fast-track arbitration are: a) The dispute is to be decided based on written pleadings only. 92b) Arbitral Tribunal shall have the power to call for clarifications and the necessary written pleadings. c) An oral hearing may only be held if all the parties request or the arbitral tribunal considers it necessary. d) The parties are free to decide the fees of the arbitrator(s) for a fast-track procedure. 11) Powers of Arbitral Tribunal to grant Interim Relief: The parties to arbitration may approach the arbitral tribunal to seek interim relief on the grounds available under section 9 of the act. The tribunal has the powers of a court while making interim awards in the proceedings before it. 12) Confidentiality: As provided in Section 42A of The Arbitration Act, all the details and particulars of the arbitration proceedings shall be kept confidential except in certain situations, like if the disclosure is necessary for the implementation or execution of the arbitral award. 13) Obligation During Pendency of Arbitration: Performance of the contract shall, unless otherwise directed by the Procuring Entity, continue during the arbitration proceedings, and no payment due or payable by the Procuring Entity shall be withheld on account of such proceedings, provided; however, it shall be open for Arbitral Tribunal to consider and decide whether or not the performance of the contract or payment therein should continue during arbitration proceedings. 11.5.7 The Arbitral Award In the case of the Tribunal, comprising three members, any ruling on an award shall be made by a majority of members of the Tribunal. In the absence of such a majority, the views of the Presiding Arbitrator shall prevail. The arbitral award shall state item-wise the sum and reasons it is based. The analysis and reasons shall be detailed enough to infer the award. It is further a term of this arbitration agreement that where the arbitral award is for the payment of money, no interest shall be payable on the whole or any part of the money for any period till the date on which the award is made in terms of Section 31 (7) (a) of The Arbitration Act. The arbitrator's award shall be final and binding on the parties to this Contract. A party may apply for corrections of any computational errors, typographical or clerical errors, or any other error of similar nature occurring in the award or interpretation of a specific point of the award to the Tribunal within 60 days of receipt of the award. A party may apply to the Tribunal within 60 days of receiving the award to make an additional award for claims presented in the arbitral proceedings but omitted from the arbitral award.11.5.8 Savings The Arbitral Tribunal shall decide any matter related to Arbitration not covered under this Arbitration Agreement as per the provisions of The Arbitration Act. 11.5.9 Cost of Arbitration and fees of the Arbitrator(s) 1) The concerned parties shall bear the arbitration cost as per section 31 (A) of The Arbitration Act. The cost shall inter-alia include fees of the Arbitrator. Further, the fees payable to the Arbitrator shall be governed by instructions issued on the subject by the Procuring Entity and/ or the Government from time to time, in line with the Arbitration and Conciliation Act, irrespective of the fact whether the Arbitrator is appointed by the Procuring Entity or the Government under this clause or by any court of law unless directed explicitly by Hon'ble court otherwise on the matter. A sole arbitrator shall be entitled to a 25% extra fee over such a prescribed fee. 2) The arbitrator shall be entitled to a 50 per cent extra fee if the award is made within 6 months as per provisions in section 29(A) (2) of The Arbitration Act. The Arbitrator shall also be entitled to this extra fee in cases where the Fast Track Procedure in section 29 (B) of The Arbitration Act is followed. Defaults, Breaches, Termination, and closure of Contract 12.1. Termination due to Breach, Default, and Insolvency 12.1.1Defaults and Breach of Contract In case the Consultant undergoes insolvency or receivership, neglects or defaults or expresses inability or disinclination to honour his obligations relating to the performance of the contract or ethical standards or any other obligation that substantively affects the Procuring Entity’s rights and benefits under the contract, it shall be treated as a breach of contract. Such defaults could include inter-alia: 1) Default in Performance and Obligations: if the Consultant fails to deliver any or all of the Services or fails to perform any other contractual obligations (including Code of Integrity or obligation to maintain eligibility and evaluation criteria based on which contract was awarded) within the period stipulated in the contract or within any extension thereof granted by the Procuring Entity. In the case of a Joint Venture/ Consortium, If the performance of any JV/C member is persistently un- satisfactory by the Procuring Entity in respect of the responsibilities assigned to him as per the JV agreement, which is part of this Contract. The lapse/ deficiencies in services as mentioned in ToR shall be treated as default in performance and Obligations. 2) Insolvency: If the Consultant being an individual or if a firm, any partner thereof, shall at any time be adjudged insolvent or shall have a receiving order or order for the administration of his estate made against him or shall take any proceeding for composition under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into any assignment or composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act, or 943) Liquidation: if the Consultant is a company being wound up voluntarily, or by order of a Court or a Receiver, Liquidator or Manager on behalf of the Debenture-holders is appointed, or circumstances shall have arisen which entitle the Court or Debenture-holders to appoint a Receiver, Liquidator or Manager 12.1.2 Notice for Default: As soon as a breach of contract is noticed, a show-cause ‘Notice of Default’ shall be issued to the Consultant, giving two weeks' notice, reserving the right to invoke contractual remedies. After such a show-cause notice, all payments to the Consultant would be suspended as per GCC clause 10.6 above to safeguard needed recoveries due to invoking contractual remedies. 12.1.3 Remedies for Breaches/ Default In the event of an unsatisfactory resolution of ‘Notice of Default’ within two weeks of its issue as per the sub-clause above, the Procuring Entity, if so decided, shall 1) take one; or more of the following contractual remedies. a) Recover liquidated damages and invoke a denial clause for delays. b) In the case of JV/C, Procuring Entity may call upon the Lead Member to assign the work of the defaulting member to any other equally competent party acceptable to the Procuring Entity. c) Temporarily withhold payments due to the Consultant till recoveries due to invocation of other contractual remedies are complete. d) Call back any loaned property or payment advances with a levy of interest at the prevailing rate (MIBID - Mumbai Interbank Proposal Rate). e) Encash and/ or Forfeit performance or other contractual securities. f) Prefer claims against the insurance, if any. g) Terminate the Contract for default, fully or partially, including its right for Risk- and-Cost Procurement as per the following sub-clause. h) Initiate proceedings in a court of law for the transgression of a law, tort, and loss not addressable by the other remedies above. 2) By written Notice of Termination for Default sent to the Consultant, terminate the contract in whole or in part, without compensation to the Consultant. a) Such termination shall not prejudice or affect the rights and remedies, including under the sub-clause below, which have accrued and/ or may accrue to the Procuring Entity after that. b) Unless otherwise instructed by the Procuring Entity, the Consultant shall continue to perform the contract to the extent not terminated. c) All Defect Liability obligations, if any, shall survive despite the termination. 3) Risk and Cost Procurement: In addition to termination for default, the Procuring Entity shall be entitled, and it shall be lawful on his part, to procure Services similar to those terminated, with such terms and conditions and in such manner as it deems fit at the “Risk and Cost” of the Consultant. Such Risk and Cost Procurement mustbe contracted within nine months from the breach of contract. The Consultant shall be liable for any loss which the Procuring Entity may sustain on that account provided the procurement, or, if there is an agreement to procure, such agreement is made. The Consultant shall not be entitled to any gain on such procurement, and the manner and method of such procurement shall be at the discretion of the Procuring Entity. It shall not be necessary for the Procuring Entity to notify the Consultant of such procurement. It shall, however, be at the discretion of the Procuring Entity to collect or not the security deposit from the firm/ firms on whom the contract is placed at the risk and cost of the defaulted firm. 12.1.4 Limitation of Liability Except in cases of criminal negligence or wilful misconduct, the aggregate liability of the Consultant to the Procuring Entity, whether under the contract, in tort or otherwise, shall not exceed the total Contract Price, provided that this limitation shall not apply to the cost of repairing or replacing defective equipment, or to any obligation of the Consultant to indemnify the Procuring Entity concerning IPR infringement. 12.2. Termination for Default/ Convenience of Procuring Entity or Frustration of Contract 12.2.1 Notice for Determination of Contract The Procuring Entity reserves the right to terminate the contract, in whole or in part, for its (the Procuring Entity’s) convenience or frustration of Contract as per the sub-clause below, by serving written ‘Notice for Determination of Contract’ on the Consultant at any time during the currency of the contract. The notice shall specify that the termination is for the Procuring Entity's convenience or the contract's frustration. The notice shall also indicate inter-alia, the extent to which the Consultant’s performance under the contract is terminated, and the date from which such termination shall become effective. Such termination shall not prejudice or affect the rights and remedies accrued and/ or shall accrue after that to the Parties. Unless otherwise instructed by the Procuring Entity, the Consultant shall continue to perform the contract to the extent not terminated. All Defect Liability obligations, if any, shall survive despite the termination. The Services and incidental goods/ works that can be delivered or performed within thirty days after the Consultant’s receipt of the notice of termination shall be accepted by the Procuring Entity as per the contract terms. For the remaining Services and incidental goods/ works, the Procuring Entity may decide: a) To get any portion of the balance completed and delivered at the contract terms, conditions, and prices; and/ or b) To cancel the remaining portion of the Services and incidental goods/ works and compensate the Consultant by paying an agreed amount for the cost 96incurred by the Consultant, if any, towards the remaining portion of the Services and incidental goods/ works. 12.2.2 Frustration of Contract 1) Notice of Frustration Event: Upon a supervening cause occurring after the effective date of the contract, including a change in law, beyond the control of either party, whether as a result of the Force Majeure clause (GCC 9.6) or within the scope of section 56 of the Indian Contract Act, 1872, that makes it impossible to perform the contract within a reasonable timeframe, the affected party shall give a ‘Notice of Frustration Event’ to the other party giving justification. The parties shall use reasonable efforts to agree to amend the contract as necessary to complete its performance. However, if the parties cannot reach a mutual agreement within 60 days of the initial notice, the Procuring Entity shall issue a ‘Notice for Determining the contract’ and terminate the contract due to its frustration, as in the sub-clause above. 2) However, the following shall not be considered as such a supervening cause a) Lack of commercial feasibility or viability or profitability or availability of funds b) if caused by either party's breach of obligations under this Contract or failure to act in good faith or use commercially reasonable due diligence to prevent such an event. 12.3. Closure of Contract 12.3.1 Unless terminated earlier under GCC clauses 12.1 and 12.2 above, this Contract shall expire: At the end of such a period after the Effective Date as specified in the Contract. Upon successful performance of all obligations by both parties, including completion of Defect Liability obligations and final payment termination and settlements after that, if any, as per GCC clause 12.1 or 12.2 above. 12.3.2 Cessation of Rights and Obligations Upon termination of this Contract under Clauses GCC 12.1 or 12.2 hereof or expiration of this Contract under GCC clause 12.3.1, 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 outlined in GCC clause 5.7. (iii) the Consultant’s obligation to permit inspection, copying and auditing of their accounts and records outlined in GCC clause 5 and to cooperate and assist in any inspection or investigation, and (iv) any right a Party may have under the Applicable Law.12.3.3 Cessation of Services Upon termination of this Contract by notice under Clauses GCC 12.1 or GCC 12.2, 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. Concerning documents prepared by the Consultant and equipment and materials furnished by the Procuring Entity, the Consultant shall proceed as provided by Clauses GCC 9.4 and GCC 5.14. 12.3.4 Payments upon Termination Upon termination of this Contract, the Procuring Entity shall make the following payments to the Consultant: (a) payment for Services satisfactorily performed before the effective date of termination; and (b) in the case of termination under GCC clause 12.2, reimbursement of any reasonable cost incidental to the prompt and orderly termination of this Contract, including the cost of the return travel of the Experts. Code of Public Procurement; Misdemeanours and Integrity Penalties 13.1. Code of Integrity 98Procuring authorities as well as Consultants, suppliers, contractors, and consultants - should observe the highest standard of ethics and should not indulge in following prohibited practices, either directly or indirectly, at any stage during the Procurement Process or during the execution of resultant contracts: 1) “Corrupt practice” - making an offer, solicitation or acceptance of a bribe, reward or gift or any material benefit in exchange for an unfair advantage in the Procurement Process or to otherwise influence the Procurement Process; 2) “Fraudulent practice” - any omission or misrepresentation that may mislead or attempt to mislead so that financial or other benefits may be obtained or an obligation avoided. Such practices include a false declaration or false information for participation in a Procurement Process or to secure a Contract, or in the execution of the contract; 3) “Anti-competitive practice” - any collusion, Proposal-rigging or anti-competitive arrangement, or any other practice coming under the purview of the Competition Act, 2002, between two or more Consultants, with or without the knowledge of the Procuring Entity, that may impair the transparency, fairness, and the progress of the Procurement Process or to establish Proposal prices at artificial, non-competitive levels; 4) “Coercive practice” - harming or threatening to harm persons or their property to influence their participation in the Procurement Process or affect the execution of a contract; 5) “Conflict of interest” –participation by a bidding firm or any of its affiliates who are either involved in the Consultancy Contract to which this procurement is linked; if they are part of more than one Proposal in the procurement; or if their personnel have a relationship or financial or business transactions with any official of procuring entity who are directly or indirectly related to tender or execution process of contract; or improper use of information obtained by the (prospective) Consultant from the Procuring Entity with an intent to gain unfair advantage in the Procurement Process or for personal gain; 6) “Obstructive practice” - materially impede procuring entity’s investigation into allegations of one or more of the above-mentioned prohibited practices either by deliberately destroying, falsifying, altering; or concealing evidence material to the investigation; or by making false statements to investigators and/ or by coercive practices mentioned above, to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or by impeding the Procuring Entity’s rights of an audit or access to information; 13.2. Obligations for Proactive Disclosures: 1) Procuring authorities, Consultants, suppliers, contractors, and consultants are obliged under this Code of Integrity to suo-moto proactively declare any violation of the Code of Integrity (pre-existing or as and as soon as these arise at any stage) in any Procurement Process or execution of the contract. Failure to do so shall amount toa violation of this code of integrity. 2) Any Consultant must declare, whether asked or not in a Proposal-document, any previous transgressions of such code of integrity during the last three years or of being under any category of debarment by the Central Government or the Ministry/ Department of the Procuring Organisation from participation in Procurement Processes. Failure to do so shall amount to a violation of this code of integrity. 13.3. Misdemeanours The following shall be considered misdemeanours - if a Consultant, either directly or indirectly, at any stage during the Procurement Process or during the execution of resultant contracts: 1) Commits any of the following misdemeanours: (a) Violates the code of Integrity mentioned in GCC-clause 13.1 or the Integrity Pact if included in the Tender/ Contract; (b) Any other misdemeanour, e.g., supply of sub-standard quality of material/ services/ work, non-performance or abandonment of contract, or violations of Bid/ performance Security conditions. 2) Commits any of the following misdemeanours: (a) Has been convicted of an offence: i) Under the Prevention of Corruption Act, 1988; or ii) The Indian Penal Code or any other law is in force for causing any loss of life or property or causing a threat to public health as part of the execution of a public procurement contract. (b) It is determined by the Government of India to have doubtful loyalty to the country or national security considerations. (c) Employs a government servant who has been dismissed or removed on account of corruption or employs a non-official convicted for an offence involving corruption or abetment of such an offence in a position where he could corrupt government servants or employs a government officer within one year (or any other period prescribed by the relevant authority) of his retirement, who has had business dealings with him in an official capacity before retirement. 13.4. Penalties for Misdemeanours Without prejudice to and in addition to the rights of the Procuring Entity to other remedies as per the Tender-documents or the contract, If the Procuring Entity concludes that a (prospective) Consultant directly or through an agent has committed a misdemeanour in competing for the tender or in executing a contract, the Procuring Entity shall be entitled, and it shall be lawful on his part to take appropriate measures, including the following: 13.4.1 if his Proposals are under consideration in any procurement 1) Enforcement of Bid Securing Declaration in lieu of forfeiture or encashment of Bid Security. 1002) calling off any pre-contract negotiations and; 3) rejection and exclusion of Consultants from the Procurement Process 13.4.2if a contract has already been awarded 1) Termination of Contract for Default and availing all remedies prescribed thereunder; 2) Encashment and/ or Forfeiture of any contractual security or bond relating to the procurement; 3) Recovery of payments, including advance payments, if any, made by the Procuring Entity along with interest thereon at the prevailing rate (MIBID - Mumbai Interbank Proposal Rate); 13.4.3Remedies in addition to the above: In addition to the above penalties, the Procuring Entity shall be entitled, and it shall be lawful on his part, to: 1) File information against Consultant or any of its successors with the Competition Commission of India for further processing in case of anti-competitive practices; 2) Initiate proceedings in a court of law against Consultant or any of its successors under the Prevention of Corruption Act, 1988 or the Indian Penal Code or any other law for transgression not addressable by other remedies listed in this sub-clause. 3) Remove the Consultant or any of its successors from the list of registered suppliers for a period not exceeding two years. Suppliers removed from the list of registered vendors or their related entities may be allowed to apply afresh for registration after the expiry of the removal period. 4) Initiate suitable disciplinary or criminal proceedings against any individual or staff found responsible. 5) Debar, a Consultant, from participation in future procurements without prejudice to Procuring Entity’s legal rights and remedies. Debarment shall automatically extend to all the allied firms of the debarred firm. In the case of a Joint Venture/ consortium, all its members shall also stand similarly debarred: A Ministry/ Department (or any of its CPSUs, attached offices, autonomous bodies) may debar a Consultant or any of its successors from participating in any Procurement Process undertaken by all its procuring entities for a period not exceeding two years commencing from the date of debarment for misdemeanours listed in GCC sub- clause 13.3 -1) above. The Ministry/Department shall maintain such a list which shall also be displayed on their website. Central Government (Department of Expenditure (DoE), Ministry of Finance) may debar a Consultant or any of its successors from participating in any Procurement Process undertaken by all its procuring entities for a period not exceeding three years commencing from the date of debarment for misdemeanours listed in GCC sub-clause 13.3 -above. DoE shall maintain such a list which shall be displayed on Central Public Procurement Portal (CPPP).Section V: Special Conditions of Contract (SCC) Document No. RFP No./ xxxx; Tender Title: Consultancy Services (Ref ITC-clause 1.4) {Note for Procuring Entity: Text in grey italics font within square bracket [e.g., Mention …] are just suggestions/ directions and must be replaced by applicable text - remove brackets and convert the font to regular and black. Delete the rows not required. Clauses other than those mentioned below may also be mentioned if these need to be changed} Note for Consultants: Following Special Conditions of Contract (SCC) shall apply for this procurement. These Special Conditions shall modify/ substitute/ supplement the corresponding (GCC) clauses as indicated below. Whenever there is any conflict between the provision in the GCC and that in the SCC, the provision in the SCC shall prevail. GCC Topic To be read as Clause No. GCC 1, 2, 3 and 4: General, The Contract, Governing Laws and Jurisdiction, Communications 1.1, 1.2, General No change 1.3, 1.4 2.1 Language of Contract English 3.1 Governing Laws and The courts in Delhi shall have Jurisdiction jurisdiction 4.1, 4.3 Communications and 4.1 Notice will be deemed to be effective as follows: notices (a) in the case of personal delivery or registered mail, on delivery; (b) in the case of telexes, 24 hours following confirmed transmission; (c) in the case of telegrams, 24 hours following confirmed transmission; and (d) in the case of facsimiles, 24 hours following confirmed transmission. 4.3 The addresses are: Client:- Address of Employer Attention: - ………… Telex: - ………….. Facsimile: - ……………… Consultant:- Address of consultant Attention:- 102Cable Address: - ………………. Telex: - ………………… Facsimile:- …………… ( Note:- Fill in the Blanks) 4.2 Persons SigningThe Authorised Representative are: Communications For the Client: …………………… For the Consultants: …………….. GCC 5 and 6: Consultant’s and Procuring Entity’s Obligations 5.7. Confidentiality and SecrecyN o change of information 5.7.1 Property Rights No change 5.8 Performance Bond/ The performance security shall be 10% of Security contract Price 6.1, 6.2, Facilities, Utilities to beNil 6.3 provided by Procuring EntityGCC 7: Scope of Services and Performance Standards 7.1 Scope of Services As defined in TOR 7.1 5(c ) Lapse/ deficiencies in As per Annexure-1 of SCC services 7.2 Eligible Services As per the Extant Guidelines of Govt of India from time to time GCC 8: Deployment of Resources 8.2.2 Key Personnel No Replacement of Team Leader shall be allowed. In case of extension of bid validity, the consultants shall submit the replacement CV along with Extension request. ln addition, casual [eave for 12 days shall be permitted in a year to each Key Personnel/ Sub-Professional with prior intimation to the Authority. Out of this, a maximum of 3 CLs can be availed either separately or together in a quarter and the period of the CLs would be counted as Key Personnel I Sub Professional being on duty. GCC 9: Delivery of Services and Delays 9.1 Works plan No Change 9.2 Commencement ofThe time period shall be one month or such Services other time period as the Parties may agree in writing. GCC 10: Prices and Payments 10.1.3 Variations No change 10.2 Taxes and Duties No change 10.3 Terms and Mode ofPayment shall be released as per rates Payment quoted in Appendix C1 Breakup of Local currency costs. However, proof of remuneration paid to professional staffs in previous month submitted alongwith shall be current month's bill. The quoted remuneration to professional staff shall be paid by the Authority's Engineer directly into their respective ban account . The overhead charges shall be paid at the rate as mentioned in Appendix C-1 "Financialproposal submission form 10.5.2 Payment to Consultants An advance payment of 10% of the contract price in proportion to the quoted Indian currency (INR) in the bid shall be made within 60 days after receipt and verification of advance payment bank guarantee. The advance payment along with interest will be set off by the Client in equal instalments against the statements for the first 12 months of the Service until the advance payment has been fully set off. The advance payment shall be in Indian Rupee. GCC 11 Resolution of Disputes 11.2 Excepted Matters No change 11.5 Arbitration GCC 12 Defaults, Breaches, Termination and Closure of Contract 12.3.1 Period of Contract The time period shall be ….. months ( …. construction period of the project and ….months for Maintenance period as per EPC Contract ). In case construction period of EPC project is extended by more than 1 year, no escalation shall be paid to the Authority Engineer. Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which Such Party was unable to perform such action as a result of Force Majeure. Extension of Time for providing Services of the Authority’s Engineer may be extended concurrently with the Extension of Time granted, if any, to the EPC Contractor for the project, subject to satisfactory performance of the Authority’s Engineer and limited to original period of consultancy services. 12.1.4-7) Risk and Cost Procurement No changeAnnexure-I Type of lapses/ deficiencies in services and action to be taken against consultant/firm and key personnel engaged during construction & Maintenance S. Type of deficiencies Action to be taken against consultant No. engaged during construction & Maintenance Key Personnel Firm 1 (a) Failure to detect design/quality For first three, key i) For first threedeficiency in Non-key) Components* personnel may be instances, to be kept 1 (b) Failure to issue follow-up notices _to kept on “ watch list”. on watch list. contractor/concessionaire for delays in Thereafter the ii. Thereafter, a closure off/ NCRs, delays in furnishing concerned key monetary penalty of detail of time & cost claims/COS/ Personnel & Team 1% of the revised work programmes/work Leader to be consultancy fee (the methodologies, etc. removed from the aggregate of such 1(c) Delay in submission of improper project and debarred penalties in a MPRs, improper review of up to 6 months contract would not methodologies, temporary works, QA exceed the plan/manual, O& M plan/ Manual etc performance Guarantee amount and/or declaring the consultant as Non- Performer upto 6 months or till rectification of deficiencies and taking adequate measures not to repeat such instances in future whichever is earlier 2 (a) Failure to detect design/quality The concerned key Declaring the deficiency in Key Component **not personnel & Team Consultant as Non- having substantial cost (below 1% of leader to be removed Performer up to 1 civil work (cost) and /or time implication from the project and year or till (below 5% or project completion debarred up to 1 rectification of periods year Deficiencies and (b) Failure to detect deficiency in quantity taking adequate executed vis- â-is design no( having measures not to substantial fnancal implication (below repeat such 1% of civil work cost) Instances in future, (c) Failure to conduct/witness tests as whichever is earlier. prescribed in the consultancy contract agreement (d) Delay in processing EOT/COS proposals, inaccurate assessment of COS proposals, not issuing MCRs, delays/improper review of designs/drawings/work programme or failure to submit Completion/Provisional Completion Certification as prescribed in contract 3( a) Failure to detect deficiency in quantity The concerned key In addition to executed vis- à-vis design having personnel & team Rectification of substantial financial implication {1% of leader to be removed deficiencies and civil work cost or more) from the project and taking adequate (b) Failure to detect design/quality debarred up to 2 measures not to deficiency in Key Component having years repeat such substantial cost (1% of civil work cost Instances in future, or code) and/or time implication (5o/ of the consultant to be project completion period or more) debarred up to 2 (c ) Failure to detect deficiency/not years. reviewing design (including temporaryworks) and construction (including methodology) of structural components of flyover/bridges/ underpasses/ overpasses/ROB/RUB etc. (d) Failure to propose action (like cure period notice, levy of damages, etc.) on contractor/concessionaire as per contract agreement for their default/poor progress having material adverse effect on the project implementation in terms of cost (1% of civil work cost or more) and/ time (50/ of project completion period of more). (e) Improper/wrong interpretation of provision in contract agreement; or wrong certification of payment/COS value/cost & time claims; or poor performance of services leading to cost (1% of civil work cost) and/o‹ time (5% of project completion period) claims against MoRTH or its executing agencies awarded by DRB/CCIE/Arbitration/Court. Note ‘” Key Components are specified as under: i) Foundation, sub-structure and super-structure of flyovers, road over bridges, road under bridges, vehicular under passes, vehicular over passes, major bridges, minor bridges, etc. ii) Tunnels iii) Expansion joints and bear1ngs iv) RE walls/ retaining walls v) The crust layers of flexible pavement vi) The crust layers of rigid pavement vii) Embankment and slope protection viii) Issues affecting road safety ix) Any other work endangering/impacting/stability/ reliability/durability/ performance of pavement/structures “The items not covered in above list shall be in the category of Non-key Components. # Excluding the delay solely attributable to the contractor beyond stipulated time.Section VI: Terms of Reference RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services (Ref ITC-clause 1.4) Note for Consultants: Regarding this Section, Consultants must fill following forms: a) Form T-3: Comments and Suggestions on Terms of Reference, Counterpart Staff, and Inputs to be Provided by the Procuring Entity b) Form T-4: Description of Approach, Methodology and Work Plan in Responding to the Terms of Reference c) Form T-5: Work Schedule and Planning for DeliverablesTerm of Reference Note: The term “Agreement” and clauses thereof refer to the EPC Agreement dated----- - entered between Authority and --------(the Contractor) for the work of from km---- to ---- of NH No.------- in the State of ------------ on Engineering, Procurement and Construction (EPC) basis]. 1. Scope 1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified pursuant to the EPC Agreement dated........... (the “Agreement”), which has been entered into between the Authority and (the “Contractor”) for [Two- Laning] of the **** section (km ** to km**) of National Highway No. ** in the State of *** on Engineering, Procurement, Construction (EPC) basis, and a copy of which is annexed hereto and marked as Annex-A to form part of this TOR. 1.2 The TOR shall apply to Development, construction and maintenance period of the Project Highway. 2 Definitions and interpretation 2.1 The words and expressions beginning with or in capital letters and not defined herein but defined in the Agreement shall have, unless repugnant to the context, the meaning respectively assigned to them in the Agreement. 2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the context otherwise requires, be deemed to be reference to the Articles, Clauses and Schedules of the Agreement, and references to Paragraphs shall be deemed to be references to Paragraphs of this TOR. 2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply, mutatis mutandis, to this TOR. 3 General 3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient manner, consistent with the highest standards of professional integrity and Good Industry Practice. 3.2 The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the provisions of this Agreement, but subject to obtaining prior written approval of the Authority before determining. (a) any Time Extension. (b) Any additional cost to be paid by the Authority to the Contractor; (c) The Termination Payment; or (d) Any other matter which is not specified in (a), (b) or (c) above and which createsan obligation or liability on either Party for a sum exceeding Rs. 5,000,000 (Rs. Fifty lakh.) 3.3 The Authority’s Engineer shall submit regular periodic reports, once every month, to the Authority in respect of its duties and functions under this Agreement. Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every month. 3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties and responsibilities to its suitably qualified and experienced personnel; provided, however, that it shall not delegate the authority to refer any matter for the Authority’s prior approval in accordance with the provisions of Clause 18.2 EPC Agreement. 3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of Scope under Article 13. 3.6 In the event of any disagreement between the Parties regarding the meaning, scope and nature of Good Industry Practice, as set forth in any provision of the Agreement, the Authority’s Engineer shall specify such meaning, scope and nature by issuing a reasoned written statement relying on good industry practice and authentic literature. 3.7 Development/ Design Period 3.7.1 Authority will engage Authority Engineer at least 3 months before appointed date of the project. During design and development period of project or immediately after mobilization at site, the Authority Engineer shall review the Schedule-A, Schedule-B, Schedule-C, Schedule-D and Schedule-H of the contract agreement and DPR prepared by the Authority as per site conditions and project Requirements and submit a comprehensive review report, indicating suggested modification in Scope of project. 3.7.2 Authority Engineer will witness traffic census, Geotechnical Investigation and all other investigations being carried out by the contractor and certify the correctness of the data and maintain the details in MPR. 4. Role and responsibility of Officers of the Authority The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and PD/ED/Director in the case of NHIDCL) is responsible for the overall supervision and monitoring of the execution of project as the representative of the owner of the project. The Authority's Engineer is appointed to assist the Authority for carrying out the functions as detailed under clause 18.2 of the EPC Agreement. As such, an officer of the Authority is vested with all such powers and responsibilities as are enjoined upon the Authority's Engineer and is fully competent to issue any instructions for proper monitoring and supervision of the project, either by himself or throughthe Authority's Engineer. Instructions issued by the concerned officer of the Authority shall have the same effect as that of the Authority's Engineer in terms of this Agreement. Wherever such concerned officer issues any instructions or notice to the Contractor, he shall endorse a copy thereof to the Authority's Engineer. 5 Construction Period 5.1 During the Construction Period, the Authority’s Engineer shall review and approve the Drawings furnished by the Contractor along with supporting data, including the geo- technical and hydrological investigations, characteristics of materials from borrow areas and quarry sites, topographical surveys, and the recommendations of the Safety Consultant in accordance with the provisions of Clause 10.1.6 of EPC Agreement. The Authority’s Engineer shall complete such review and approve and send its observations to the Authority and the Contractor within 15 (fifteen) days of receipt of such Drawings; provided, however that in case of a Major Bridge or Structure, the aforesaid period of 15 (fifteen) days may be extended upto 30 (thirty) days. In particular, such comments shall specify the conformity or otherwise of such Drawings with the Scope of the Project and Specifications and Standards. 5.2 The Authority’s Engineer shall review and approve any revised Drawings sent to it by the Contractor and furnish its comments within 10 (ten) days of receiving such Drawings. The review/approval of drawing should be authenticated by Authority’s Engineer. 5.3 Verification of Material and its Sources by Authority Engineer:- 5.3.1 The Authority Engineer shall ensure that all materials used by the contractor are procured exclusively from sources approved by the Engineer in accordance with the contract specifications and standards. 5.3.2 The Authority Engineer shall verify and document the source of materials proposed by the contractor during the approval process and maintain a record of all approved material sources, including relevant test reports, certifications, and compliance documents. The Authority Engineer shall communicate any changes or updates regarding material source approvals to the contractor in writing. 5.3.3 The Authority Engineer shall conduct periodic inspections to verify that the materials delivered to the site match the approved source. Authority Engineer shall ensure that the contractor provides evidence of procurement from the approved source (e.g., invoices, transport receipts, or certifications). 5.3.4 In the event of non-compliance, the Authority Engineer shall immediately notify the contractor in writing and Direct the removal of non-compliant materials from the site at the contractor's cost. He shall ensure that corrective actions are taken before work proceeds further. 5.3.5 In the Monthly Report the Authority Engineer shall submit Compliance status of materials used, any issues or deviations identified, along with corrective measures taken alongwith supporting documentation such as test reports, certificates, and inspection records.5.3.6 The Authority Engineer shall be held accountable for any lapses in ensuring material compliance that result in deviations from approved standards or specifications and the suitable action under the agreement shall be taken against the Authority Engineer. 5.4 Quality Assurance Manual and Plan forms the basis of quality of the work. It is therefore to be ensured that the Quality Assurance Plan prepared by the contractor be checked and submitted by Authority Engineer to Authority within 15 days time period of its submission by contractor. The Authority shall approve the QAP within 15 days from date of submission by AE, Thus, the Authority’s Engineer shall ensure that contents of Quality Assurance Plan is as per requirements of IRC SP 112 and ISO : 9001. The copy of the approved Quality Assurance Plan will be sent by Authority’s Engineer to the contractor and the Authority. The Authority’s Engineer will after review and submit to the Authority the methodology within 10 days of its receipt from the contractor for approval of Authority. The Authority shall approve the methodology within 10 days of receiving from Authority Engineer. The Authority Engineer will ensure that the methodology of the different components of the work are prepared keeping in view the specifications & Standards and machinery deployed by the contractor. The Authority Engineer may also offer their comments for modifying/ improving either of the document. After receiving the corrected document, the Authority Engineer shall review and formally submit these documents to Authority for approval of the same 5.5 The Authority’s Engineer shall grant written approval to the Contractor, where necessary, for interruption and diversion of the flow of traffic in the existing lane(s) of the Project Highway for purposes of maintenance during the Construction Period in accordance with the provisions of Clause 10.4 EPC Agreement. 5.6 The Authority Engineer shall approve the CV of Project Manager/ Dy. Project Manager/ other key personnel deployed by the contractor at site. If Authority Engineer, observed that qualified Key personnel have not been deployed by contractor at site, he will submit a report in this regard to the Authority. 5.7 The Authority’s Engineer shall review the monthly progress report furnished by the Contractor and send its comments thereon to the Authority and the contractor within 7 (seven) days of receipt of such report. 5.8 On a daily basis, the concerned key personnel of Authority Engineer shall inspect the Construction Works. Following activities need to be undertaken during the visits. • Review of construction including progress, quality and safety of construction • Inspection of defects and deficiencies in construction works • Witnessing quality inspection tests at labs established by Concessionaire on a sample basis Review of quality of work shall be done in reference to Quality Assurance Plan (QAP)/Manual and ISO 9001:2008, IRC: SP: 47-1998 and IRC: SP: 57- 2000 for road bridges and roads respectively. The Authority’s Engineer also needs to capture following documents and send to <Agency> field office via email on a daily basis• Scanned copy of filled RFI (Request for Inspection) form including commentary on ‘Satisfactory/Unsatisfactory’ nature of work completed by Concessionaire • Daily inspection report Proforma as provided in Annexure I • Readings of quality inspection tests witnessed by the Consultant • Minimum 6 high resolution photographs supporting the remarks made by the Authority’s Engineer in RFI form Team Leader will be responsible for sending daily emails to <Agency> office 5.9 On a monthly basis, the Authority Engineer shall prepare a Monthly Inspection Report in accordance with the format prescribed in Annexure V setting forth an overview of the status, progress, quality and safety of construction, including the work methodology adopted, the materials used and their sources, and conformity of Construction Works with the Scope of the Project and the Specifications and Standards. In a separate section of the Inspection Report, the Authority Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the construction of the Project Highway. The Authority Engineer shall send a copy of its Inspection Report to the Authority and the Concessionaire latest by 7th of every month. Key sections of the Monthly Progress Report are as follows. S No. Section Sub-Sections 1.1 Construction progress in current month 1.2 Summary of strip plan 1 Executive Summary 1.3 Detailed strip plan 1.4 Current issues and recommended actions by AE 2.1 Salient Features of the Project 2.2 Project Milestones 2 Project Overview 2.3 Location Map 2.4 Key Plan Critical issues and Action 3.1 Pending issues and action log 3 log 3.2 Obligations as per contract 4 Physical Progress 4.1 Detailed physical progress by component 5.1 LA summary 5.2 LA detail by CALA Land Acquisition and 5.3 LA detail by village 5 Clearances 5.4 Manpower with each CALA 5.5 Clearances summary 5.6 Status of utility shifting 6 Change of Scope 6.1 Status of pending COS proposals 7 Mobilization of Resources 7.1 Resource mobilization by contractor/ concessionaire 8.1 Pen picture- Escrow 8 Financial Progress Details 8.2 Escrow details Summary of quality control 9.1 Tests witnessed by IE/AE 9 tests 9.2 Tests conducted by IE/AE Monitoring of maintenance 10.1 Critical issues and action log 10 obligations during 10.2 Cumulative defects and deficiencies construction phase 10.3 Status of damages 11.1 Pen picture on safety features at construction site11.2 Accident report 11 Safety features Annex 1: Detailed list of physical components as per 12 Annexures Schedule G Annex 2 onwards: Additional details provided by AE 5.9.1 If at any time during the Construction Period, the Authority Engineer determines that the Concessionaire has not made adequate arrangements for the safety of workers and Users in the zone of construction or that any work is being carried out in a manner that threatens the safety of the workers and the Users, it shall make a recommendation to the Authority forthwith, identifying the whole or part of the Construction Works that should be suspended for ensuring safety in respect thereof 5.9.2 The Authority Engineer shall prepare a Milestone Report setting forth an overview of the status, progress, quality and safety of construction, including the status of the milestone, the available resources and details of lack of resources, to achieve the milestone, if any. In a separate section of the Milestone Report, the Authority Engineer shall describe in reasonable detail the lapses, defects or deficiencies observed by it in the achievement of the Project Highway. The Authority Engineer shall send a copy of its Milestone Report to the Authority within 15 days of schedule Milestone Date. The Millstone report shall be approved by the Authority before making milestone payment. 5.10 The Authority’s Engineer shall conduct the pre-construction review of manufacturer’s reports and standard samples of manufactured Materials, and such other Materials as the Authority’s Engineer may require. 5.11 For determining that the Works conform to Specifications and Standards, the Authority’s Engineer shall require the Contractor to carry out, or cause to be carried out, tests at such time and frequency and in such manner as specified in the Agreement and in accordance with Good Industry Practice for quality assurance. For purposes of this, the tests specified in the IRC Special Publication-11 (Handbook of Quality Control for Construction of Roads and Runways) and the Specifications for Road and Bridge Works issued by MORT&H (the “Quality Control Manuals”) or any modifications/substitution thereof shall be deemed to be tests conforming to Good Industry Practice for quality assurance. 5.12 The Authority’s Engineer shall witness all the quality control tests and calibrations of plants and equipment carried out by the contractor at its site laboratory/ main laboratory/field/plants. Those include test for all material, mixes, products etc. Authority Engineer shall also witness all test of proprietary products like bearing in the manufacturer’s laboratory as mandated in respective standards. Authority Engineer will also conduct review of quality control documents in respect of factory manufactured materials/ proprietary products etc as per IRC:SP: 112. 5.13 The timing and location of tests referred to in Paragraph 5.10, and the criteria for acceptance/rejection of their results shall be determined by the Authority’s Engineer in accordance with MoRTH specifications for road & Bridge works and respective Indian Road CongressStandards/Guidelines/Manuals together with any other Indian/ International Standards, the methodology proposed by him at the time of bid submission referred thereto. Authority Engineer/Independent Auditors/ officers of Authority may also undertake minimum 1% random tests as directed by the Authority, on random sample basis at the locations to be decided by the Authority/Independent Auditors/ officers of Authority. These random tests shall be in addition to, and independent of, the tests that may be carried out by the Contractor for its own quality assurance in accordance with Good Industry Practice. These random tests shall be tested by the Authority Engineer in contractor’s laboratory or any third party NABL accredited laboratory as directed by the Authority. The payments of these test shall be made by the Authority separately if the result of these tests are as per specifications/ guidelines. If random sample/ test result is not as per the standards/ specifications, the cost of such testing shall be paid by the Contractor The cost of establishment of own laboratory or to carry out from NABH accredited laboratory shall be incidental to the cost of AE and will be part of overheads to be quoted by the consultant. 5.14 The Authority Engineer shall witness collection of the all test samples including random samples collected by AE/Independent Auditors/ Authority officers from site and geotagged location of the collected sample shall be mentioned on the sample/ records. The details of the sample collected, and its geotag location data shall be uploaded on datalake or any other app developed by Authority for this purpose. 5.15 In the event that results of any tests conducted under Clause 11.10 establish any Defects or deficiencies in the Works, the Authority’s Engineer shall require the Contractor to carry out remedial measures. 5.16 The Authority’s Engineer may instruct the Contractor to execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 of EPC Agreement shall apply. 5.17 In the event that the Contractor fails to achieve any of the Project Milestones, the Authority’s Engineer shall undertake a review of the progress of construction and identify potential delays, if any. If the Authority’s Engineer shall determine that completion of the Project Highway is not feasible within the time specified in the Agreement, it shall require the Contractor to indicte within 15 (fifteen) days the steps proposed to be take to expedite progress, and the period within which the Project Completion Date shall be achieved. Upon receipt of a report from the Contractor, the Authority’s Engineer shall review the same and send its comments to the Authority and the Contractor forthwith. 5.18 The Authority’s Engineer shall obtain from the Contractor a copy of all the Contractor’s quality control records and documents before the Completion Certificate is issued pursuant to Clause 12.2 of EPC Agreement. 5.19 Authority’s Engineer may recommend to the Authority suspension of the whole or part of the Works if the work threatens the safety of the Users and pedestrians. After the Contractor has carried out remedial measure, the Authority’s Engineer shall inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. 5.20 In the event that the Contractor carries out any remedial measures to secure thesafety of suspended works and users, and requires the Authority’s Engineer to inspect such works, the Authority’s Engineer shall inspect the suspended works within 3 (three) days of receiving such notice, and make a report to the Authority forthwith, recommending whether or not such suspension may be revoked by the Authority. 5.21 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests specified in Schedule-K and issue a Completion Certificate or Provisional Certificate as the case may be. For carrying out is functions under this Paragraph 4.18 and all matters incidental thereto, the Authority’s Engineer shall act under and in accordance with the provisions of Article 12 and Schedule-K. The Authority’s Engineer shall use following equipment in carrying out the tests. S No Key metrics of Asset Equipment to be used 1 Surface defects of pavement Network Survey Vehicle (NSV) 2 Roughness of pavement Laser Profilometer 3 Strength of pavement Falling Weight Reflectometer (FWD) 4 Bridges Mobile Bridge Inspection Unit (MBIU) 5 Road signs and road markings Retro-reflectometer 6 Maintenance Period 6.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of its monthly Maintenance Programme and for this purpose carry out a joint monthly inspection with Contractor. 6.2 The Authority’s Engineer shall undertake regular inspections, at least once every month to evaluate compliance with the Maintenance Requirements and submit a Maintenance Inspection Report to the Authority and the Contractor. 6.3 Visual Inspection of project highway 6.3.1 The Authority Engineer shall carry out visual inspection of entire highway stretch as per the frequency defined in the following table Frequency Nature of defect or deficiency of inspection ROADS (a) Carriageway and paved shoulders (i) Breach or blockade Daily (ii) Pot holes Daily (iii) Cracking Weekly (iv) Rutting Weekly (v) Bleeding/skidding Weekly (vi) Ravelling/Stripping of bitumen surface Weekly (vii) Damage to pavement edges Weekly (viii Removal of debris Daily ) (b) Hard/earth shoulders, side slopes, drains and culverts(i) Variation by more than 2% in the prescribed slope of camber/cross fall Weekly (ii) Edge drop at shoulders Weekly (iii) Variation by more than 15% in the prescribed side (embankment) slopes Weekly (iv) Rain cuts/gullies in slope Weekly Damage to or silting of culverts and side drains during and immediately (v) Weekly preceding the rainy season (vi) Desilting of drains in urban/semi-urban areas Daily (c) Road side furniture including road signs and pavement marking Damage to shape or position; (i) Daily poor visibility or loss of retro-reflectivity (d) Street lighting and telecom (ATMS) (i) Any major failure of the system Daily (ii) Faults and minor failures Daily (iii) Streetlight with Lux Meter Weekly (e) Trees and plantation Obstruction in a minimum head-room of 5 m above carriageway or (i) Daily obstruction in visibility of road signs (ii) Deterioration in health of trees and bushes Weekly (iii) Replacement of trees and bushes Weekly (iv) Removal of vegetation affecting sight line and road structures Weekly (f ) Rest areas/Wayside amenities (i) Cleaning of toilets Daily (ii) Defects in electrical, water and sanitary installations Daily (g) Toll plaza[s] (i) Failure of toll collection equipment including ETC or lighting Daily (ii) Damage to toll plaza Weekly (h) Other Project Facilities and Approach roads Damage or deterioration in Approach Roads, -[pedestrian facilities, (i) truck lay-bys, bus-bays, bus- shelters, cattle crossings, Traffic Aid Posts, Daily Medical Aid Posts and other works] (j) Incident Management Frequency Nature of defect or deficiency of inspection Instances of Incident Management as reported including time of call, (i) Daily response time, services rendered and time of clearing of the Highway. (ii) List of the Incident Management Services rendered. Weekly BRIDGES (a) Superstructure of bridges (i) Cracks Weekly (ii) Spalling/scaling Weekly (b) Foundations of bridges (i) Scouring and/or cavitation Weekly (c) Piers, abutments, return walls and wing walls of bridges (i) Cracks and damages including settlement and tilting Weekly (d) Bearings (metallic) of bridges (i) Deformation Weekly (e) Joints in bridges(i) Loosening and malfunctioning of joints Weekly (f) Other items relating to bridges (i) Deforming of pads in elastomeric bearings Weekly Gathering of dirt in bearings and joints; or clogging of spouts, weep holes (ii) Weekly and vent-holes (iii) Damage or deterioration in parapets and handrails Weekly (iv) Rain-cuts or erosion of banks of the side slopes of approaches Weekly (v) Damage to wearing coat Weekly Damage or deterioration in approach slabs, pitching, apron, toes, floor or (vi) Weekly guide bunds (vii) Growth of vegetation affecting the structure or obstructing the waterway Weekly 6.3.2 All elements which have daily inspection frequency shall be inspected weekly as well. Similarly, all elements which have weekly inspection frequency shall be inspected monthly as well. 6.3.3 Daily inspection report format and weekly inspection report format has been provided in Annexure II and III of this document respectively. Manpower which needs to conduct visual inspection and mode of reporting is defined in the following table Frequency of inspection Inspection to be carried out by Mode of reporting Daily Sub-professional staff Soft copy by Email Weekly Key personnel Soft copy by Email Monthly Key personnel Hard copy and Soft copy 6.3.4 High resolution photographs and video of the highway stretches having defects and/or deficiencies shall be submitted along with Weekly Inspection Report and Monthly Status Report. Summary of key observations around defects and deficiencies in highway stretch shall be reported in Monthly Progress Report and detailed inspection report shall be provided as Annexure to Monthly Progress Report. 6.3.5 The Authority’s Engineer shall also be responsible for inspection and monitoring of WaysideAmenities. ETC (Electronic Toll Collection) and ATMS (Advanced Traffic Management System) and incident management. 6.4 Road conditions surveys 6.4.1 The carrying out of condition surveys will be one of the most important and crucial field tasks under the project. The Authority Engineer shall carry out condition surveys using equipment and following a frequency as defined under. Frequency of S No Key metrics of Asset Equipment to be used condition survey At least twice a year (As per Surface defects of 1 Network Survey Vehicle (NSV) survey months defined for the pavement state basis rainy season) At least twice a year (As per 2 Roughness of pavement Laser Profilometer survey months defined for the state basis rainy season) Falling Weight Reflectometer 3 Strength of pavement At least once a year (FWD) At least twice a year (As per Mobile Bridge Inspection Unit 4 Bridges survey months defined for the (MBIU) state basis rainy season) At least twice a year (As per 5 Road signs Retro-reflectometer survey months defined for the state basis rainy season) The first equipment based inspection shall be conducted at the time of completion testing. The other inspections shall be conducted before and after the rainy seasons as per the schedule defined in Annexure IV, except for FWD testing which shall be conducted once a year. Calibration of equipment, wherever needed, is required to be done in presence of Competent Authority. Once approval of equipment, the settings and a sample data set is provided by Competent Authority, network level data for entire project stretch can be collected. Month of survey for each state has been defined in Annexure IV of this document. 6.4.2 Measurement of pavement surface defects and roughness i. The Authority Engineer shall use Network Survey Vehicles mounted with equipment such as Laser based automatic crack detection , high resolution digital cameras for RoW and pavement, high accuracy DGPS receiver and in vehicle data processing software or better technology to accurately measure following pavement surface properties Surface defect Dimensions to be reported• Length Cracking • Width • Depth • Area Potholes • Depth Raveling • Indicator • % • Area • Depth Rutting • Width Concrete Joint/ Faulting • Length Roughness • IRI in both wheel paths ii. The following criteria shall be met by the process of defects detection • Measurement of 3D road profile using such technologies as laser scanning or other proven technologies. • Ability to operate (collect data) at different speeds with a minimum speed of 30km/hr and upto at least 75 km/ hr. • Profile depth accuracy of 0.5mm • Capability for lane tracking to control driver wander’ and ensure high repeatability of data between surveys. • Measure at least 3.5m width of highway lane. • Transverse Profile including rut depth measurement of pavement surface widths of both carriageway and shoulders. The rut depth data must be convertible to different straightedge lengths (1.8m to 3.5m) and meet industry standards (ASTM E1703 / E1703M). • Pavement images with capability to automatically identify and rate distresses • Roughness measurement with outputs of both raw longitudinal profiles and International Roughness Index (IRI) calculation shall be reported at least 100m referenced to the preceding Location Reference Post (LRP). The roughness must meet ASTM-E950 (equivalent to Class I road profiler). The IRI shall be determined in both wheel paths. • Ability to record images at user-defined intervals (e.g. every 5, 10m, etc.) • Minimum images resolution of 1600x1200 • Outputs must include Standard JPEG image or similar industry standard • Distance resolution of <1mm, • Capable of achieving distance accuracy of 0.1% (i.e. within 1m over 1km distance) • All data outputs should be in a non-proprietary format (e.g. .CSV, .MDB, Excel) and not require specialist software in order to view or format data • Data should also be capable of being easily formatted into data compatible with HDM-4 iii. The following are the set of deliverables which should be submitted after completion of survey as part of Monthly Progress Report • Raw data generated from the equipment which are part of Network Survey covering the parameters mentioned in above table. It should also include o Survey ID, Description, Date, Laneo GPS referenced data for GIS mapping • Video logging o Pavement imagery (AVI/JPEG) o 360 degree imagery (JPEG)• Interpretation report covering summary of entire survey and analysis of defects and deficiencies 6.4.3 Measurement of pavement strength (i) The Authority Engineer shall carry out structural strength surveys for existing pavements using Falling Weight Deflectometer technique in accordance with the procedure given in IRC:115-2014 (Guidelines for Structural Evaluation and Strengthening of Flexible Road Pavements Using Falling Weight Deflectometer (FWD) Technique) and IRC: 117-2015 (Guidelines for the Structural Evaluation of Rigid Pavement by Falling Weight Deflectometer) (ii) The interval at which deflection measurements are to be taken up are as per IRC:115- 2014 / IRC:117-2015. For flexible pavements, the sample size and the interval of the data to be collected depends on the length of the uniform section calculated and condition of the pavement section i.e. ‘good’, ‘fair’ and ‘poor’ for each lane, established on the pavement condition data based on the criterion given in IRC:115-2014. For rigid pavements, the deflection data may be collected at interiors, corners, transverse joints and longitudinal joints in the outer lanes at intervals as specified in IRC:117-2015. (iii) The following are the set of deliverables which should be submitted after completion of inspection test as part of Monthly Progress Report • Data report covering following parameters o Deflection Bowl (Transient Deflections at seven different points) o Corrected Elastic Modulus Bituminous E1 o Corrected Elastic Modulus Granular E2 o Corrected Elastic Modulus Subgrade E3 o Subgrade CBR • Interpretation report covering summary of entire survey results and analysis of key parameters 6.4.4 The Authority Engineer shall carry out the condition and structural assessment survey of the bridges in accordance with IRC-SP; 35 with the use of Mobile Bridge Inspection unit (MBIU) or better technology. (i) The following criteria shall be met by the process of bridge condition assessment • Automatic folding and unfolding of platform • 90 degree rotation of platform • Sufficient safety features to be incorporated such as dedicated power supply, emergency cut off system, etc • Complete access to hidden parts of the bridge by the raters (ii) Detailed bridge inspection report shall be submitted as per the Inspection Proforma provided in IRC-SP 356.4.5 Measurement of retro reflection of road signs (i) The Authority Engineer shall measure Coefficient of retro reflected luminance R A (night time retro reflection) of road traffic signs using a portable retro reflectometer. (ii) The following criteria shall be met by the process of road signs retro reflection measurement • Measurement of retro reflective signs shall be conducted in accordance with ASTM E1709 and ASTM E2540 • Measurement time after pressing trigger shall be less than or equal to 1 sec • Observation angle adjustment from 0.2 degrees to 2.0 degrees • Entrance angle adjustment from -45 degrees to +45 degrees • Self-contained commercially available battery • Inbuilt data storage of at least 2,000 measurements so that data transfer requirement is minimized while the survey is being conducted • Interface for transferring data from device to Computer • Built in GPS to capture GPS coordinates of road sign • Range shall be at least 0-2000 cd/lx/m2 (iii) The following are the set of deliverables which should be submitted after completion of survey as part of Monthly Progress Report • System generated coefficient of retro reflected luminance R (nighttime retro A reflection) of all road signs • Interpretation report covering analysis of road signs falling in different range of R A and actions to be taken 6.5 The Authority Engineer shall carry out following inspections of ETC lanes at toll plazas on a month basis: (i) Infrastructure: • Availability of civil infrastructure at toll plazas required for installation of ETC systems • Adequacy of hardware, software and other related items as per IHMCL/<Agency> technical specifications and requirements (ii) Operations: • Adherence of various stakeholders (acquirer bank, system integrator, toll operator, issuer bank etc) of the ETC system to the service level agreements • Efficacy of the ETC system (RFID tagging, AVC, WIM etc) in terms of accuracy and uptime • Tracking and reporting toll plaza experience metrics such as average waiting time, transaction times for different modes of payment (RFID, cash, smart cards, QR codesetc) and congestion levels (eg. length of queue in different lanes) across 4 different times in a day • Robustness of dispute resolution mechanisms in place for the tag holder and toll operators by the issuer and acquirer banks 6.6 The Authority Engineer shall prepare a Monthly Status Report in O&M phase of project in respect of its duties and functions under this Agreement and in accordance with the format prescribed in Annexure VI. 1st deliverable of the report which is an executive summary to the main report (Section 1) shall be submitted to the Authority and updated on the PMIS and project specific website by 4th of every month. Main report (Section 2 onwards) shall be submitted to the Authority and updated on the PMIS and project specific website by 7th of every month. Key sections of the Monthly Status Report are as follows; S.No Sections Sub sections 1.1 Overall road condition 1.2 Key reporting metrics 1.3 Key maintenance activities undertaken 1 Executive Summary 1.4 Pending issues 1.5 Recommended actions by AE 1.6 Strip plan for maintenance 2.1 Key project details 2.2 Location map 2 Project Overview 2.3 Key plan 2.4 Summary of project features 2.5 RoW availability 3.1 Issue and action log Critical issues and 3.2 Summary of deficiencies 3 action taken 3.3 Obligations as per contract 3.4 Inspection schedule 4.1 Summary of NCR issued 4 Monthly Inspection Report 4.2 Equipment based inspection report 5.1 Monthly ETC Report 5 Monitoring of ETC Lanes 5.2 On-ground infrastructure report 5.3 On ground ETC operations & SLA adherence 6.1 Damages for non completion of project facilities 6.2 Damages for breach of maintenance activities 6 Status of damages 6.3 Damages for non completion of major maintenance works Change of Scope 7 7.1 Change of Scope proposals proposals 8 Status of pending 8.1 Status of pending disputes disputes 9.1 Toll collection statement 9 Reports 9.2 Accident ReportS.No Sections Sub sections 9.3 Details of user complaints 9.4 Encroachment list 9.5 Lane closure report Annex I- Detailed visual inspection report of project highway 10 Annexures Annex II onwards- Additional details provided by AE 6.7 The Authority’s Engineer shall specify the tests, if any, that the Contractor shall carry out, or cause to be carried out, for the purpose of determining that the Project Highway is in conformity with the Maintenance Requirements. It shall monitor and review the results of such tests and remedial measures, if any, taken by the Contractor in this behalf. 6.8 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-E, the Authority’s Engineer shall, in conformity with Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit. 6.9 The Authority’s Engineer shall examine the request of the Contractor for closure of any lane (s) of the Project Highway for undertakings maintenance/repair thereof, and shall grant permission with such modifications, as it may deem necessary, within 5 (five) days of receiving a request from the Contractor. Upon expiry of the permitted period of closure, the Authority’s Engineer shall monitor the reopening of such lane (s), and in case of delay, determine the Damages payable by the Contractor to the Authority under Clause 14.5 of EPC Agreement 7 Determination of costs and time 7.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness, that are required to be determined by it under the Agreement. 7.2 The Authority’s Engineer shall determine the period of Time Extension that is required to be determined by it under the Agreement. 7.3 The Authority’s Engineer shall consult each Party in every case of determination in accordance with the provisions of Clause 18.5 of EPC Agreement. 8 Payments 8.1 The Authority’s Engineer shall withhold payments for the affected works for which the Contractor fails to revise and resubmit the Drawings to the Authority’s Engineer in accordance with the provision of Clause 10.2.4 (d) of EPC Agreement. 8.2 Authority’s Engineer shall(a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor pursuant to Clause 19.4, determine the amount due to the Contractor and recommend the release of 90 (ninety) percent of the amount so determined as part payment, pending issue of the Interim Payment Certificate; and (b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause 19.4, deliver to the Authority and the Contractor an Interim Payment Certificate certifying the amount due and payable to the Contractor, after adjustments in accordance with the provisions of Clause 19.10 of EPC Agreement. 7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the First stage Maintenance Payment Statement from the Contractor pursuant to Clause 19.6 of EPC Agreement, verify the Contractor’s statement and certify the amount to be paid to the Contractor in accordance with the provisions of the Agreement. 7.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the receipt of the final payment statement of Maintenance in accordance with the provisions of Clause 19.16 of EPC Agreement. 9 Other duties and functions The Authority’s Engineer shall perform all other duties and functions as specified in the Agreement. 10 Miscellaneous 10.1 All key personnel and sub professional staff of the Authority Engineer shall use the fingerprint based (biometric) attendance system for marking their daily attendance. Attendance shall be marked at least once a day and anytime during the day. 1 Biometric Attendance System shall be installed by the Authority Engineer at its own cost at the site office in order to facilitate the attendance marking. More systems can be installed near the project highway upto a maximum of 1 system per 50 km in order to encourage frequent visits of project highway by key personnel and sub professional staff. A copy of monthly attendance records shall be attached with Monthly Status Report. Proper justification shall be provided for cases of absence of key personnel/ sub professional staff which do not have prior approval from Project Director of concerned stretch 10.2 A copy of all communications, comments, instructions, Drawings or Documents sent by the Authority’s Engineer to the Contractor pursuant to this TOR, and a copy of all the test results with comments of the Authority’s Engineer thereon, shall be furnished by the Authority’s Engineer to the Authority forthwith. 10.3 The Authority’s Engineer shall retain at least one copy each of all Drawings and Documents received by it, including ‘as – built’ Drawings and keep them in its safe custody.10.4 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall obtain a complete set of as built Drawings in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Project Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Project Highway and setback lines, if any, of the buildings and structures forming part of project Facilities; and shall hand them over to the Authority against receipt thereof. 10.5 The Authority’s Engineer, if called upon by the Authority or the Contractor or both, shall mediate and assist the Parties in arriving at an amicable settlement of any Dispute between the Parties. 10.6 The Authority’s Engineer shall inform the Authority and the Contractor of any event of Contractor’s Default within one week of its occurrence. 11. PERFORMANCE CLAUSE Authority’s Engineers shall be expected to fully comply with all the provisions of the `Terms of Reference’, and shall be fully responsible for supervising the Designs, Construction and maintenance and operation of the facility takes place in accordance with the provisions of the EPC Agreement and other schedules. Any failure of the Authority Engineer in notifying to Employer and the Contractor on non-compliance of the provisions of the EPC Contract Agreement and other schedules by the EPC Contractor, non-adherence to the provision of ToR and non-adherence to the time schedule prescribed under ToR shall amount to non-performance. The Authority Engineer shall appoint its authorized representative, who shall issue on behalf of the AE, Completion Certificate along with the Team Leader and shall carry out any such task as may be decided by Employer. The AE shall take prior approval of Employer before issuing Completion Certificate. The proposal submitted shall also include the name of the authorized representative along with the authorization letter and power of attorney. 12. CONSULTANT’S PROPOSAL 12.1 List of key personnel to be fielded by the Consultants shall be as below: Normal Highway Project: i. Team Leader Cum Senior Highway Engineer ii. Resident cum Highway Engineer iii. Senior Quantity cum Material Expert iv. Bridge/Structural Engineer v. Senior Pavement Specialist vi. Contract Specialist cum Planning Engineervii. Road Safety Expert Standalone Bridge Project: i. Team Leader Cum Senior Highway Engineer ii. Resident cum Pavement Specialist iii. Bridge/Structural Engineer iv. Contract Specialist cum planning Engineer v. Senior Quantity cum Material Expert vi. Road Safety expert Standalone Tunnel Project: i. Team Leader Cum Senior Tunnel Expert ii. Resident cum Excavation Specialist iii. Senior Geotechnical Expert iv. Tunnel Design Engineer v. Tunnel Safety Expert vi. Contract Specialist cum planning Engineer vii. Senior Geologist 12.2 Broad job-description and minimum qualification for key personnel mentioned in Section-VIA . However, higher marks shall be accorded to the Candidate with higher relevant qualification and experience. All the CV’s of the personals mentioned in Para5.3 (iii) of Data Sheet shall be evaluated at the time of evaluation of technical proposal. The age of the Key Personnel should not be more than 65 years on the date of submission of proposal. Consultants are advised in their own interest to frame the technical proposal in an objective manner as far as possible so that these could be properly assessed in respect of points to be given as part of evaluation criteria. The bio-data of the key personnel should be signed on every sheet by the personnel concerned and the last sheet of each bio-data should also be signed by the authorised signatory for the Consultant. The key personnel shall also certify at the end of their bio- data proforma that they have not left any of the Employer works without completing of their assignment and have not accepted any other offer at the time of signing of the bio-data and as such shall be available to work with the Authority Engineer, if the Project is awarded. In case the key personnel leaves the assignment without approval of Employer, Employer would beat liberty to take any appropriate action against that key personnel including debarment. The CV submitted by selected firm/JV shall be hoisted on official website of Employer. 12.3 In addition to above, consultants are required to propose other key personnel, sub- professional staff and other field engineers as detailed in Section-VIA and the minimum qualification requirements for the same is enclosed in Section VIA13. PERIOD OF SERVICES 13.1 The services of an Authority’s Engineer will be in phases as per Contract Agreement. 13.1.1 The appointment of the Authority’s Engineer shall initially be as per details given below. Period of service Construction Maintenance/ DLP (in period Period months) (in months) (in months) Construction Period DLP Period as per Civil + DLP Period as per Contract Agreement Civil Contract Agreement The proposed manpower deployment for this period shall be matching the activities to be performed during the said period. The time frame for services during the deployment of key personnel during this period shall be as shown in Section VIA. Extension of Time for providing services of Engineer may the Authority’s be_- extended concurrently with the Extension of EPC Time granted, if any, to the Contractor for the project, Subject to satisfactory| performance of the Authority’s Engineer and limited to original period of consultancy services. 14. Project Coordinator The Firm shall appoint a personnel from its head office to act as Project Coordinator for the assignment with approval of the Authority. The CV of the project coordinator shall be submitted to the Authority for approval and he shall full fill the eligibility criteria for Team Leader as per RFP. He will be authorized to communicate with the Authority in respect of all matters pertaining to the project. If the performance of the project coordinator is found unsatisfactory, the Authority may direct replacement of the project coordinator. The cost of the Project Coordinator shall be incidental to the Consultancy Assignment. Annexure I- Daily Inspection Report in construction period Results of lab Description Name of key tests of inspection personnel Componen Item Description conducted work carried inspecting t (Test out the work conducted, Pass/Fail) 1. Road works Embankment/ Sub including Grade/ GSB/ WMM/ culverts, and DBM/ BC minor bridges2. Major Bridge Foundation/ Sub works, Flyovers, structure/ Super ROB, RUB, VUP, structure PUP 3. Approach to Foundation/ Sub ROB/RUB/ Major structure/ Super Bridges/ Viaduct / structure RE wall 4. Other WorksAnnexure II- Daily Inspection Report in O&M period Nature of defect/ deficiency Defect If defect Compliance of AE Remarks found found, previous (Yes/No) Chainage & defect side (Yes/No/NA) ROADS Carriageway and paved shoulders Breach or blockade Pot holes Removal of debris Hard/earth shoulders, side slopes, drains and culverts Desilting of drains in urban/semi- urban areas Road side furniture including road signs and pavement marking Damage to shape or position; poor visibility or loss of retro-reflectivity Street lighting and telecom (ATMS) Any major failure of the system Faults and minor failures Trees and Plantation Obstruction in a minimum head- room of 5 m above carriageway or obstruction in visibility of road signs Rest areas Cleaning of toilets Defects in electrical, water and sanitary installations Toll plaza[s] Failure of toll collection equipment including ETC or lighting Other Project Facilities and Approach roads Damage or deterioration in Approach Roads, -[pedestrian facilities, truck lay-bys, bus-bays, bus- shelters, cattle crossings, Traffic Aid Posts, Medical Aid Posts and other works]Annexure III- Weekly Inspection Report in O&M period Defect If defect Compliance of AE Remarks found found, previous defect Nature of defect or deficiency (Yes/No) Chainage & (Yes/No/NA) side ROADS (a) Carriageway and paved shoulders (i) Breach or blockade Roughness value exceeding 2,500 mm in a stretch of 1 km (as (ii) measured by a standardised roughometer/bump integrator) (iii) Pot holes Cracking in more than 5% of (iv) road surface in a stretch of 1 km Rutting exceeding 10 mm in more than 2% of road surface in a (v) stretch of 1 km (measured with 3 m straight edge) (vi) Bleeding/skidding Ravelling/Stripping of bitumen (vii) surface exceeding 10 sq m Damage to pavement edges (viii) exceeding 10 cm (ix) Removal of debris Hard/earth shoulders, side slopes, drains and (b) culverts Variation by more than 2% in the (i) prescribed slope of camber/cross fall Edge drop at shoulders exceeding (ii) 40 mm Variation by more than 15% in (iii) the prescribed side (embankment) slopes (iv) Rain cuts/gullies in slopeDefect If defect Compliance of AE Remarks found found, previous defect Nature of defect or deficiency (Yes/No) Chainage & (Yes/No/NA) side Damage to or silting of culverts and (v) side drains during and immediately preceding the rainy season Desilting of drains in urban/semi- (vi) urban areas Road side furniture including road signs (c) and pavement marking Damage to shape or position; (i) poor visibility or loss of retro- reflectivity (d) Street lighting and telecom (ATMS) (i) Any major failure of the system (ii) Faults and minor failures (e) Trees and plantation Obstruction in a minimum head- (i) room of 5 m above carriageway or obstruction in visibility of road signs Deterioration in health of trees (ii) and bushes (iii) Replacement of trees and bushes Removal of vegetation affecting (iv) sight line and road structures (f ) Rest areas (i) Cleaning of toilets Defects in electrical, water and (ii) sanitary installations Toll (g) plaza[s] Failure of toll collection equipment (i) including ETC or lighting (ii) Damage to toll plaza (h) Other Project Facilities and Approach roadsDefect If defect Compliance of AE Remarks found found, previous defect Nature of defect or deficiency (Yes/No) Chainage & (Yes/No/NA) side Damage or deterioration in Approach Roads, -[pedestrian facilities, truck lay-bys, bus-bays, (i) bus- shelters, cattle crossings, Traffic Aid Posts, Medical Aid Posts and other works] BRIDGES (a) Superstructure of bridges (i) Cracks (ii) Spalling/scaling (b) Foundations of bridges (i) Scouring and/or cavitation Piers, abutments, return walls and wing (c) walls of bridges Cracks and damages including (i) settlement and tilting (d) Bearings (metallic) of bridges (i) Deformation Joints in (e) bridges Loosening and malfunctioning of (i) joints (f) Other items relating to bridges Deforming of pads in elastomeric (i) bearings Gathering of dirt in bearings and (ii) joints; or clogging of spouts, weep holes and vent-holes Damage or deterioration in (iii) parapets and handrails Rain-cuts or erosion of banks of the (iv) side slopes of approaches (v) Damage to wearing coatDefect If defect Compliance of AE Remarks found found, previous defect Nature of defect or deficiency (Yes/No) Chainage & (Yes/No/NA) side Damage or deterioration in (vi) approach slabs, pitching, apron, toes, floor or guide bunds Growth of vegetation affecting the (vii) structure or obstructing the waterwayAnnexure IV- Month of survey for equipment based road condition assessment Equipment based road inspection shall be done by the Authority’s Engineer twice a year as per the month of the year defined in the following table. However, since the first survey shall be conducted at the time of completion testing, the following modification to the schedule shall be adopted. For example, if majority of highway length (>50%) passes through a state, where defined survey months are May and November, if completion testing is conducted in April, then the first equipment based survey shall be conducted in the month of April. This shall be considered as the equipment based survey to be conducted in the month of May. The 2nd equipment based survey shall be conducted in the month of November, the 3rd survey shall be conducted in the month of May and so on. As regards FWD, the first test/survey shall be conducted at the time of completion in April. The 2nd test/survey shall be conducted in April of next year and so on. Region State Survey before Survey after rains rains East Bihar May Nov East Chhattisgarh May Nov East Jharkhand May Nov East Orissa May Nov East West Bengal May Nov Central Madhya Pradesh May Nov NE Arunachal Pradesh Mar Oct NE Assam Mar Oct NE Manipur Mar Oct NE Meghalaya Mar Oct NE Mizoram Mar Oct NE Nagaland Mar Oct NE Sikkim Mar Oct NE Tripura Mar Oct North Chandigarh May Nov North Delhi May Nov North Haryana May Nov North Himachal May Nov North Jammu And Kashmir May Nov North Punjab May Nov North Uttar Pradesh May NovRegion State Survey before Survey after rains rains North Uttaranchal May Nov Andaman And Nicobar South Apr Nov Islands South Andhra Pradesh Apr Nov South Karnataka Apr Nov South Kerala Apr Nov South Pondicherry Jun Jan South Tamil Nadu Jun Jan West Dadar Nagar Haveli Apr Oct West Daman And Diu Apr Oct West Goa May Nov West Gujarat Apr Oct West Maharashtra May Nov West Rajasthan Apr OctAnnexure V- Monthly Progress Report in Construction Phase [NAME & LOGO OF IMPLEMENTING AGENCY] [PROJECT NAME] Authority Engineer [NAME OF CONSULTING FIRM] MONTHLY PROGRESS REPORT NO. [XX] FOR THE MONTH OF: [MONTH], [YEAR]Table of content Contents Page Nos. 1 Executive Summary ................................................................................. 126 1.1 Construction progress in current month 126 1.2 Current issues and recommended actions by IE / AE 126 1.3 Strip Plan (Summary) 127 1.4 Strip Plan (Details) 128 2 Project Overview ..................................................................................... 129 2.1 Salient Features of Project 129 2.2 Project Milestones 130 2.3 Location Map 131 2.4 Key Plan 132 3 Critical Issues & Action Log ...................................................................... 133 3.1 Pending Issues & Action Log 133 3.2 Obligations as per Contract 134 4 Physical Progress ..................................................................................... 134 4.1 Detailed Scope of Work & Physical Progress by Component 135 4.2 Details of verification of source of material 5 Land Acquisition and Clearance ................................................................ 136 5.1 LA Summary 136 5.2 LA Detail by CALA 136 5.3 LA Detail by Village for each CALA 136 5.4 Manpower details of CALA137 5.5 Clearances Summary 137 5.6 Status of utilities shifting 139 6 Change of Scope ..................................................................................... 139 7 Mobilization of Resources ......................................................................... 1408 Financial Progress Details (for PPP projects) .............................................. 140 8.1 Pen Picture - Escrow 1408.2 Escrow details 141 9 Summary of quality control tests .............................................................. 142 9.1 Tests witnessed by IE/ AE 142 9.2 Tests conducted by IE / AE 143 10 Monitoring of maintenanceobligations during construction phase.............. 144 10.1 Critical issues and action log 144 10.2 Summary of repair work 144 10.3 Status of damages 146 11 Safety features ..................................................................................... 146 11.1 Pen picture of safety features 146 11.2 Accident Report 147 12 Annexures ............................................................................................ 1491 Executive Summary 1.1 Construction progress in current month Key reporting metrics Value/ %/ Amount Scheduled Physical Progress (%) Cumulative Physical Progress upto current month (%) Physical Progress during current month (%) Financial progress (%) Cumulative Expenditure till date (Rs Cr) Tests passed as % of total tests witnessed by IE Tests passed as % of total tests conducted by IE Number of pending COS proposals Amount for pending COS (Rs Cr) 1.2 Current issues and recommended actions by IE / AE 1. Slow Progress of Structures: The progress of structures (especially, major bridges, flyovers and ROB’s) is very slow. Overall progress is only XX%. Out of the total YY underpasses not even single underpass structure and its approaches is completed so far. No bridge is open to traffic sofar. a. Recommendation: Concessionaire should improve the progress of structures. Request for revised workplan from Concessionaire including specific activities on structures. 2. Status of Change of Scope Proposals: Concessionaire has submitted Xx No. Change of Scope proposals. Yy No. of them are still pending for decision. Concessionaire has not submitted necessary clarifications /details for the following Changes of Scope in spite of severalreminders. a. Recommendation: Concessionaire to submit all pending clarifications to Authority. Authority and Concessionaire to expedite pending COS proposals.1.3 Strip Plan (Summary) 2. Length completed 3. Length 1. Work front Unavailable by layer (MCW) completed by & reason for layer (Service Unavailability Road)1.4 Strip Plan (Details)Detailed report 2 Project Overview 2.1 Salient Features of Project Project Name NH No. (New/ Old) Scheme/ Phase Mode of the Execution (BOT Toll/ BOT Annuity/ EPC/ HAM/ Item Rate/ Others) No. of Lanes/ Configuration Length of the Project (in Km) Total Project Cost (in Cr) No. of Bypasses (Name of Town, Length) No. of Major Bridges (Number and Location) No. of Toll Plazas (Number and Location) No. of Fly Overs (Number and Location) DPR Authority’s EngineerName Lead & Consortium Members of Banks Concessionaire Name (SPV & Parent Company) Date of Award (LOA Date) Appointed Date Concession Period Construction Period (in Days) O&M Period (in Days) Scheduled Date of Completion Authority Engineer IE / AE Agreement Date IE / AE Mobilization Date2.2 Project Milestones Ac Pla Descripti tu Projec on n Dela Curren al t (Days ned y (No. t Milest from Physical Physical of Status Scheduled o ne Appoint Progress Progress Revised Date mont Date h s) e d (%) (%) Date) Mileston [DD/MM/YYYY [DD/MM/YYYY Achieve [Description] 25 25 5 e I ] ] d Started [DD/MM/YYYY [DD/MM/YYYY , not Milesto [Description] 65 22 ] ] achieve ne II d Schedule Not d [DD/MM/YYYY [DD/MM/YYYY starte Completi [Description] 100 21 ] ] d o n2.3 Location Map2.4 Key Plan [Above image is illustrative only. Please include chainage and name below the axis and list of features above the axis]3 Critical Issues & Action Log 3.1 Pending Issues & Action Log Ongoin Expected Chainage( Action(s g/ New Lengt Action(s) date/ S.N Issue Concerned s) ) Type Issue/ h taken till Actual Date o Description Authorit affected suggeste Resolve affect now for y due to d by d e d resolving the issue the AE (km) issue 1. Proposal submitted to Diversion of MoEFLetter Escalate to Ongoin sent by RO to higher level [DD/MM/YYY 1 Xx ha of Clearance MoEF [Chainage] 4 kms g MoEF nodal officers at Y] forest Land Issue officer on MoEF [DD/MM/YYY Y] 1. Escalated to chief 21 secretary level through Crcompensati Land Resolve [CALANam DO from [DD/MM/YYY 2 on [Chainage] 2.4 km Acquisition d e] Chairman/ Y] disbursement Secretary, pending dated [DD/MM/YYY Y] Project Slow Director to progress by Concessionai New [Concess. call higher [DD/MM/YYY 3 [Chainage] 57 km None concessionair re Issue Issu Name] ups of Y] e e concessionai re3.2 Obligations as per Contract 4 Physical Progress Physical Physical Progress % Compone Progress(Duri (Cumulati Weighta nt n g Current v e, Upto g e Month) Current Month ) Road Works 35.00% 5% 15.0% Major Bridge works and ROB / 40.00% 1.20% 26.2% RUB Structures 21.00% 0.00% 0.8% Other Works 4.00% 0.00% 0.0% Physical 2 42.0% Progress %4.1 Detailed Scope of Work & Physical Progress by Component Cost Cost Planned in Value of Weightag Weightag Scope (As Progress %PhysicaPhysical Component Item e in e in Description per Scope till Date l Progress Componen Project of Work) Progress (7X4) t (%) (%) 1 2 3 4 5 6 7 8 35.00% 1. C&G 5.00% 80 km 45 km 56% 2.8% 1. Road works 2. Embankment 5.00% 80 km 40 km 50% 2.5% including 3. Sub Grade 5.00% 80 km 35 km 44% 2.2% culverts, minor 4. GSB 5.00% 80 km 33 km 41% 2.1% bridges, 5. WMM 5.00% 80 km 30 km 38% 1.9% underpasses, 6. DBM 5.00% 80 km 28 km 35% 1.8% overpasses, 7. BC 5.00% 80 km 27 km 34% 1.7% approaches to ROB/RUB/ Major Bridges/ Structures (but excluding service roads) 40.00% 1. Major Bridges 10.00% 6 No 6 No 100% 10.0% 2. Major Bridge 2. Minor Bridges 5.00% 23 No 21 No 91% 4.6% works and 3. Flyovers 5.00% 2 No 0 0% 0.0% ROB/RUB 4. ROB 5.00% 228 No 121 No 53% 2.7% 5. VUP 5.00% 11 No 6 No 55% 2.7% 6. PUP 5.00% 15 No 6 No 40% 2.0% 7. RUB 5.00% 136 No 114 No 84% 4.2% 3. Structures 21.00% 1. Foundation 5.00% 35 km 2.2 km 6% 0.2% (elevated 2. Sub-structure 5.00% 35 km 2.1 km 6% 0.2% sections, 3. Super-structure 5.00% 35 km 2.1 km 6% 0.2% reinforced earth) 4. Reinforced Earth 6.00% 35 km 2.1 km 6% 0.2% Wall 4. Other 4.00% 1. Toll Plaza 4.00% 4 No 0 0% 0.0% Works GRAND TOTAL 100% 42.0 % 4.2 Details of verification of Source of material received at yard/Plant/ site Material Quantity received at Approved quantity and Quantity received from Project Site source of material the approved source 1. Earth 2. Aggregate3. Cement 4. Steel 5. Bitumen 6. Admixtures 7. Bearings 8. Other materials i) ii) iii)5 Land Acquisition and Clearance 5.1 LA Summary Total Total in Total to be acquired Descriptio Required possession at (ha) n (ha) start (ha) Existing ROW 135.00 135.00 0.00 Pvt. Land To be Acquired 240.00 0.000 240.00 Public Land To be Transferred 52.00 50.35 1.65 Grand Total 427 185 242 5.2 LA Detail by CALA Amount Total Land 3H 3G 3DD 3ADo Amoun Amount Disburse Pendin CALA Ale cf (qt H ut ao ir )b e e d P (e i hnn agd ) - 3 enH (D ho a (P - hie nn agd ) n )3 o e G (D ha 3 i ( D n hgP a )e nd neo a( h 3 n )A gP (e Hnd ai ne a )( h Awa dt r de dD (e RCp sro .os )i rt ee CA reLd A Rb ( sy C . )r o A (m Crog ou rn et ) ) (Crore Rs.) Rs.) CALA 1] 150 15 15 15 135 0 150 0 150 396 370 327 43 [CALA2 67 0 0 0 67 0 67 0 67 132 132 120 23 ] [CALA 23 23 23 23 0 14 9 0 23 0 0 0 0 3] Grand 240 38 20 38 20 14 226 0 240 528 502 447 66 Total 2 2 5.3 LA Detail by Village for each CALA CALA 15.4 Manpower details of CALA Provided Revenu Tehsilda Patwaris Compu by Amins e r s/ Clerks / Village Accounta t er Chain CALA <Agency / Inspect Dep. / Peons Tota account nts operat m an > Survey o rs/ Tehsilda Sahay l a nt o rs / State o rs Kanung r s a ks Govt o <Agency [CALA 1] 4 1 0 0 3 0 3 1 0 12 > [CALA 1] State Govt 2 0 2 0 0 0 1 0 0 5 <Agency [CALA 2] > [CALA 2] State Govt Grand Total 5.5 Clearances Summary Environmen t Length Proposal Description Status Current Stage Issues/ Comments Impacte d Approval of construction in coastal Obtaine Nil Completed zone d Forest Land Length Proposal Description Status Current Stage Issues/ Comments Impacted Diversion of Xx ha ([Chainage]) Pending [Length in Completed Stage 1 clearance km] pending Diversion of Xx Ha. ([Chainage]) Obtaine Nil Ongoing dWildlife Length Proposal Description Status Current Stage Issues/ Comments Impacted Diversion of Xx Ha. of forest Pending [Length in Ongoing Queries sent to MoEF by RO, land km] compliance pending TreeCutting Length Proposal Description Status Current Stage Issues/ Comments Impacted N.A. N.A. N.A. N.A. N.A. Railway (ROBs/RUBs) Length Proposal Description Status Current Stage Issues/ Comments Impacted [GAD Number] Proposal [Chainage] Uploaded on N.A. Submitted, portal on Approval pending [DD/MM/YYYY]5.6 Status of utilities shifting Date Date of when Date of Date of Progre Utility Lengt Date of Estimate Approval Deposit ss Certificat Estima request i on from t e Issue/ Catego Na Status h Depart by was by of ofPhys Agency Amoun Comme r y m affect m ent Received Authorit super- ical Authority for t n ts e e d from y RO/ HQ vision Shifti for Completi concerne charge n g estimate o d dept. n Estima [Lengt [DD/MM/ [DD/MM/ [DD/MM/ [DD/MM Not Wate te [DEPART / TBD h YYYY] YYYY] YYYY] started r Appro MENT] YYYY] in km] ved Electric Estima [Lengt [DD/MM/ [DD/MM/ [DD/MM/ [DD/MM Not te [DEPART / TBD ity h YYYY] YYYY] YYYY] started Appro MENT] YYYY] in km] ved Estima [Lengt [DD/MM/ [DD/MM/ [DD/MM/ [DD/MM/ Other te [DEPART TBD h YYYY] YYYY] YYYY] YYYY] s Appro MENT] in km] ved 6 Change of Scope Date of COS ed/ Actual Date first S No. Proposal Details Current Status Amoun of Approval submission t to AE Construction of [Flyover Approved in principle by Authority. [+/ - 1 Name] at [DD/MM/YYYY] Detailed quantities in proper order [DD/MM/YYYY] Amount] [Chainage] yet to be submitted Clarifications to be submitted by Nallah diversion through [+/ - 2 box culvert at[Chainage] [DD/MM/YYYY] Concessionaire , expected Amount] [DD/MM/YYYY] date[DD/MM/YYYY]1 Mobilization of Resources: - All contractor equipment should be mandatorily fitted with GPS and the tracking of the same shall be maintained by the AE and submitted as part of the MPR. Vehicles without evidence of GPS history shall not be accepted as part of machinery deployment of the Contractor by the AE. The details of Mobilization of resource shall be submitted in the following format 2 Details Expecte Deploy Reason(s) of Age of Planned d Delay S Equipment Ma Mod ownershi Actual e d for Remark Equipm / due to No Name k e e l p/Hiring Quantit During Under/Ove s e nt Require Under- . y the r d Mobilizat Mont h Mobilizatio Quantit i on n y Excavator/ 5 Poclain Paver 2 Transit Meter 0 Plate 0 Compactors [ADD OTHERS] 2. Financial Progress Details (for PPP projects) 2.1 Pen Picture - Escrow Cumulative Cumulative Inflow to Outflow from inflow to Escrow TPC (Cr) outflow from Escrow during Escrow during till previous Escrow till the month (Cr) the month(Cr) month (Cr) previous month(Cr) 1,206 1,033 900 30 35 Are the Escrow withdrawals in accordance with the order of withdrawal as specified in the Concession Agreement? Tick as applicableIf not, details to be provided below: 2.2 Escrow details Escrow Plan Escrow Escrow Cumulativ Escrow Plan Escrow Plan Escrow Actual till date- Actual till Actual till TPC (Cr) e exp. till till date- till date- till date- Equity date- date- date (Cr) Debt VGF (BOT) Equity (BOT) (BOT) (Cr) Debt VGF (BOT)(Cr) (Cr) (Cr) (BOT) (BOT) (Cr) (Cr) 1,206 1,033 900 306 - 769 264 -3. Summary of quality control tests 3.1 Tests witnessed by IE/ AE Total test up Frequenc Total test in This Cumulative No. to Previous y of Month of tests Descriptio Uni Month Remar tests n t k s No. Conducte Pas Fai Conducte Pas Fai Conducte Pas Fai Qty. s d s l d s l d s l Sub grade 150 Procter test 1 m3 0 0 0 0 0 0 0 0 0 0 Atterberg 150 1 m3 0 0 0 0 0 0 0 0 0 Limits 0 Free Swell 150 1 m3 0 0 0 0 0 0 0 0 0 Index 0 Grain Size 150 1 m3 0 0 0 0 0 0 0 0 0 Analysis 0 300 C.B.R 1 m3 0 0 0 0 0 0 0 0 0 0 Granular Sub Base Gradation 1 200 m3 151 151 0 5 5 0 156 156 0 Atterberg 1 200 m3 151 136 15 5 5 0 151 136 15 Limits 150 Procter test 1 m3 0 0 0 0 0 0 0 0 0 0 Wet Mix Macadam Filter materia l Concrete Cement Water Prim e Coat Tack coat Dense BituminouTotal test up Frequenc Total test in This Cumulative No. to Previous y of Month of tests Descriptio Uni Month Remar tests n t k s No. Conducte Pas Fai Conducte Pas Fai Conducte Pas Fai Qty. s d s l d s l d s l s Macadam Bituminou s Concrete Bitumen test DLC Steel 3.2 Tests conducted by IE / AE <Quality inspection test results to be reported in a table similar to the table provided in previous section>4. Monitoring of maintenance obligations during construction phase 4.1 Critical issues and action log oNS noitpircseD eussI weN/gniognO eussI denrecnoC ytirohtuA )s(eganiahC eud detceffa eussi eht ot htgneL detceffa )mk( nekat )s(noitcA won llit )s(noitcA yb detseggus CS etaD detcepxE gnivloser rof eussi 1 Drying up Ongoing Concessionair e 325+200 2.6 Irregular Replacemen t NA of plants to watering of plants on median 327+800 and daily watering 2 Large New Concessionair e 387+300 0.1 None Filling of <DD/M potholes LHS potholes M> 4.2 Summary of repair work Work Work done upto done SNo Description Unit Total Balance Remarks previous during month reporting month 1 Carriageway and paved shoulders (a) Pot Holes Sqm 42 - - 42 (b) Roughness value mm exceeding 2,500mm (c ) Cracking in more than 5% Sqm 7179 - - 7179 of road surface (d) Rutting exceeding 10mm Sqm 5 - - 5 in more than 2% of road surface (e) Bleeding/Skiding Sqm (f) Ravelling Sqm (g) Damage to pavement m edges exceeding 10cm 2 Hard/Earth ShouldersWork Work done upto done SNo Description Unit Total Balance Remarks previous during month reporting month (a) Rain cuts/ gullies in slope Cum 650 25 - 625 (b) Edge drop at shoulders m exceeding 40 mm 3 Drains and culverts (a) Cleaning of Culvert Nos 1 - - 1 (b) Damage to or silting of culverts (c) Silting of drains in urban/ semi urban areas 4 Road furniture (a) Sign Boards Nos 456 - - 456 (b) Kilometer Stones (c ) Metal Beam Crash Barrier (d) Bus Shelters Nos 72 4 - 68 (e) Junction signs Nos 26 8 - 18 (f) Median Grills Rmt 894 - - 894 (g) Studs Nos 5328 - - 5328 (h) Delinators Nos 8236 - - 8236 (i) Road Marking Sqm 1899 - - 1899 (j) Kerb Painting Sqm 4575 - - 4575 (k) Guard Posts Nos 3657 - - 3657 5 Street lighting and telecom (ATMS) (a) Street lights Nos (b) Telecom Nos 6 Trees and plantation (a) Removal of vegetation Ha 77.42 - 3.57 73.85 affecting sight line and road structures (b) Replacement of trees and Nos 15072 - - 15072 bushesWork Work done upto done SNo Description Unit Total Balance Remarks previous during month reporting month 7 Buildings and bridges (a) Rest areas (b) Toll plazas (c ) Bridges 4.3 Status of damages SNo Period Amount of damages (Rs) 1 Upto June 2016 2 Jul 2016 3 Aug 2016 4 Sep 2016 Total 5. Safety features 5.1 Pen picture of safety features Details to be provided after assessment of the site requirement vis-à-vis provisions in the Concession Agreement: Suggested Remedial Financial implications of Location of Black Measures within Additional additional Remedial Spots provisions of Remedial Measures for Concession Measures (if any) Authority(Cr.) Agreement5.2 Accident Report oN S etaD on eganiahC tnedicca fo emiT )F/M( xeS A B C D E F G H I J K No of affecte d persons noitacol tnediccA tnedicca fo erutaN fo noitacifissalC sesuaC fo snoitidnoc daoL noitidnoc daoR fo epyt noitcesretnI noitidnoc rehtaeW mitciv fo egA mitciv fo epyT elcihev fo epyT lataF rojaM roniM yb dedivorp pleH 382/050 05:25 1 1/1/17 M 2 2 3 4 1 1 - 1 3 1 3 - 1 1 Ambu RHS pmMapping of report fields to responses A 1. Urban 2. Rural 1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn Collision B 6. Left turn Collision 7. Veered Out off The Road 8. Hit Pedestrian 9. Unknown/Hit & Ran Away C 1. Fatal 2. Major injury 3. Minor injury 1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical D Problem 6. Drowsiness/Not Applicable 7. Fault of Driver E 1. Normally Loaded 2. Overloaded/Handing 3. Empty 4. Unknown F 1. Straight road 2. Slight Curve 3. Sharp Curve 4. Hump 5. Dip 1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more G than 6. Round about 1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust Storm 8. H Cold 9. Hot I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years J 1. Driver 2. Passenger 3. Pedestrian 4. Cyclist 5. Others 1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7. Tractor K 8. Bicycle 9. Cycle Rickshaw 10. Hand Drawn Cart 11. Animal Drawn Cart6. Annexures Annex 1. Detailed List of Physical Components as per Schedule G Physical Component Item A- Widening and strengthening of existing road (1) Earthwork up to top of the sub-grade (2) Granular work (sub- base, base, shoulders) (a) GSB (b) WMM (3) Shoulders (4) Bituminous work (a) DBM (b) BC (5) Rigid Pavement Concrete work (6) Widening and repair of culverts (7) Widening and repair of minor bridges B- New realignment/bypass (1) Earthwork up to top of the sub-grade (2) Granular work (sub- base, base, shoulders) Road works (a) GSB including culverts, (b) WMM minor bridges, (3) Shoulders underpasses, (4) Bituminous work overpasses, (a) DBM approaches to (b) BC ROB/RUB/ Major (5) Rigid Pavement Bridges/ Concrete work Structures (but C-New culverts, minor bridges, underpasses, overpasses on existing excluding service road, roads) realignments, bypasses: (1) Culverts (2) Minor bridges (a) Foundation (b) Sub-structure (c) Super-structure (including crash barriers etc. complete) (3) Cattle/Pedestrian underpasses (a) Foundation (b) Sub-structure (c) Super-structure (including crash barriers etc. complete) (4) Pedestrian overpasses (a) Foundation (b) Sub-structure (c) Super-structure (including crash barriers etc. complete) (5) Grade separated structures (a) UnderpassesPhysical Component Item (i) Foundation (ii) Sub-structure (iii) Super-structure (including crash barriers etc.complete) (b) Overpass (i) Foundation (ii) Sub-structure (iii) Super-structure (including crash barriers etc. complete) (c) Flyover (i) Foundation (ii) Sub-structure (iii) Super-structure (including crash barriers etc. complete) (d) Foot over Bridge A- Widening and repairs of Major Bridges (1) Foundation (a) Open Foundation (b) Pile Foundation/Well Foundation (2) Sub-structure (3) Super-structure (including crash barriers etc. complete) B- Widening and repair of (a) ROB (1) Foundation (2) Sub-structure (3) Super-structure (including crash barriers etc. complete) (b) RUB (1) Foundation (2) Sub-structure (3) Super-structure (including crash barriers etc. complete) MajorBridge works C- New Major Bridges and ROB/RUB (1) Foundation (a) Open Foundation (b) Pile Foundation/Well Foundation (2) Sub-structure (3) Super-structure (including crash barriers etc. complete) D- New rail-road bridges (a) ROB (1) Foundation (2) Sub-structure (3) Super-structure (including crash barriers etc. complete) (b) RUB (1) Foundation (2) Sub-structure (3) Super-structure (including crash barriers etc. complete) Structures (1) Foundation (elevated sections, (2) Sub-structure reinforced (3) Super-structure (including crash barriers etc. complete) earth)Physical Component Item (4) Reinforced Earth Wall (includes Approaches of ROB, Underpasses, Overpasses, Flyover etc. (i) Service roads/ Slip Roads (ii) Toll Plaza (iii) Road side drains (iv) Road signs, markings, km stones, safety devices, …. (a)Road signs, markings, km stones, …. (b) Concrete Crash Barrier/ W-Beam Crash Barrier in Road work (v) Project facilities (a) Bus bays (b) Truck lay-byes (c) Rest areas Other Works (vi) Repairs to bridges/structures (vii) Road side plantation (viii) Protection works (a) Boulder Pitching on slopes (b) Toe/Retaining wall (ix) Tunnel (a) Excavation (b) Construction of support systemincluding rock bolting, lining etc. (c) On complete completion of tunnel (x) Miscellaneous * The above list is illustrative and may require modification as per the actual scope of the workAnnex 2. Onwards IE / AE should include comments, status update, data points and reports in following annexures which have not been included elsewhere in the main report. Such reports may include but not limited to: • Review status of drawings/ design reports • Review status of other documents • Minutes of review meeting • Detailed Inspection report of project highway • Correspondence details • Weather report • Organizational chart of Concessionaire / Contractor and IE / AE • List of lab equipment • Details of user complaints • Project photographsANNEXURE-VI - FORMAT FOR MONTHLY PROGRESS REPORT DURING O&M PHASE [NAME & LOGO OF IMPLEMENTING AGENCY] [PROJECT NAME (O&M)] Authority Engineer [NAME OF CONSULTING FIRM] MONTHLY STATUS REPORT NO. [XX] FOR THE MONTH OF: [MONTH], [YEAR]Table of content Contents Page Nos. 1 Executive Summary ................................................................................. 156 1.1 Overall road condition 156 1.2 Key reporting metrics 156 1.3 Key maintenance activities undertaken 156 1.4 Pending issues 157 1.5 Recommended actions by Authority Engineer 157 1.6 Strip Plan for maintenance 158 2 Project Overview ..................................................................................... 159 2.1 Key project details 159 2.2 Location Map 160 2.3 Key plan 161 2.4 RoW availability 161 2.5 Summary of project features 162 3 Critical Issues and Action taken ................................................................ 163 3.1 Issue and action log 163 3.2 Summary of items (Cumulative Observations/ Deficiencies) 163 3.3 Obligations as per contract 165 3.4 Major maintenance and Inspection schedule 166 4 Inspection Report .................................................................................... 167 4.1 Summary of NCR issued 167 4.2 Equipment based inspection report 167 5 Monitoring of ETC lanes ........................................................................... 169 5.1 Monthly ETC Report 169 5.2 On-ground infrastructure report 169 5.3 On-ground ETC operations and SLA adherence 170 6 Status of Damages for breach of maintenance activities ............................. 1706.1 Damages for non completion of project facilities 170 6.2 Damages for breach of maintenance activities 171 6.3 Damages for non completion of major maintenance/ periodic overlay 171 7 Change of Scope proposals ...................................................................... 172 8 Status of pending disputes ....................................................................... 172 9 Reports ................................................................................................... 173 9.1 Monthly Toll Collection Report (Applicable only if project highway is tolled) 173 9.2 Accident Report 174 9.3 Details of complaints 176 9.4 Encroachment list 177 9.5 Lane Closure Report 177 10 Annexures ............................................................................................ 1781 Executive Summary 1.1 Overall road condition Road LHS RHS condition Satisfactory road condition 40 km 20 km Poor road condition 50 km 70 km Total length of project 90 km 90 km 1.2 Key reporting metrics Key metrics Value/Amoun t No of pending NCRs 35 Damages amount recommended on Concessionaire (Rs Cr) Rs 5.9 Cr No of pending Change of Scope proposals 2 No of pending disputes 2 Monthly toll collection (Rs Cr) (If applicable) Rs 3.8 Cr No of accidents 12 No of encroachments 47 1.3 Key maintenance activities undertaken Asset Maintenance activities undertaken • Concessionaire has commenced the work for renewal and repair of pavement Pavement on the project highway w.e.f 14th September 2016 Shoulder Drainage • Cleaning of drainage in built up areas n progress Median • Concessionaire has taken up repairs and maintenance of MBCB and electric Road furniture poles, etc on issuance of NCPs from Authority Engineer Bridges • As per provisions of CA and policy decided by MoRTH/<Agency>, 2 ETC lanes at each toll plaza have been operationalised w.e.f. 25th September 2016. The Buildings connectivity of ETC lanes with Central Clearing House (CCH) has been achieved and presently ETC lanes are operationalized in Hybrid Mode due to less number of tags purchased by highway users • Planting of new trees from Chainage 200+300 to 226+650 Horticulture • Trimming of plants which were causing obstruction to highway users1.4 Pending issues • Overlay on the entire stretch of project length of 252 km and service roads has not been taken up by Concessionaire yet since the date of completion of overlay is due in next 25 days • Over all progress is very slow regarding repair of potholes and rutting on Main Carriageway which is causing inconvenience to highway users and is also a concern from road safety point of view. • Street lighting in – Anantapur bypass completed on main carriageway and is energized but for service roads street lighting is pending on both sides – Kurnool bypass erection of poles only completed in main carriageway not yet energized till to date, but for service roads not started 1.5 Recommended actions by Authority Engineer • In spite of the repeated requests, there is no material change in status of works pertaining to repairs/ rectifications of defects on the project highway. AE has recommended the damages of Rs 5.9 Cr on the Concessionaire on account of delay in repairs of defects in road and bridge works in terms of the provision of Clause 15.8.1 of the Concession Agreement. Concessionaire shall be liable for imposition of further damages on similar lines till the date of completion • Concessionaire is requested to take at most care for completing the overlay before 31.03.2017 since the existing road condition is getting deteriorated day by day causing much inconvenience to the traffic1.6 Strip Plan for maintenance Satisfactory road condition (Maintenance not required) Poor road condition (Maintenance required)Main report 2 Project Overview 2.1 Key project details Project Name NH no (New/Old) Mode of the Project No. of Lanes Length of the Project Total Project Cost Concessionaire/ Contractor Date of Award (LOA date) Appointed Date Commercial Operation Date (COD) Concession Period O&M Period Authority Engineer AE Agreement Date AE Mobilization Date AE Scheduled Completion Date AE EOT (Extension Of Time)2.2 Location Map 2.3 Key plan 2.4 RoW availability Width of RoW available on both sides of the highway WoR fo htdiW -SHL elbaliava >20 m 20 m 18 m 16 m 16 16 16 16 16 16 16 14 m 12 m 10 m 8 m 8.2 8.2 8.2 8.2 8.2 6 m 4 m 4.7 4.7 4.7 4.7 4.7 2 m 1.8 1.8 Chainage WoR fo htdiW -SHR elbaliava 2 m 4 m 6 m 6.2 6.2 6.2 6.2 6.2 6.2 8 m 10 m 10 10 12 m 14 m 16 m 18 m 17.5 17.5 17.5 17.5 17.5 17.5 17.5 17.5 20 m >20 m 25 25 252.5 Summary of project features SNo Particular Value s 1 No of flyovers 2 2 Service Road 45 3 ROBs 5 261.975, 299.606, 350.547, 4 ROB location (chainage) 396.135 & 420.302 5 RUBs 0 6 RUB location (chainage) NA 7 No of Bypass 7 8 Length of Bypass 43 9 No of Major Bridges 7 10 No of Minor Bridges 67 11 No of Culvert 640 12 No of VUP 16 13 No of PUP/ Cattle Underpass 12 14 No of Major Intersection/ Junction 22 15 No of Toll Plaza 3 16 Location of Toll Plaza (chainage) 17 No of Truck Laybye 30 18 No of Bus Bays 122 19 No of Wayside Amenities 0 20 Location of Wayside Amenities (chainage) NA3 Critical Issues and Action taken 3.1 Issue and action log oNS noitpircseD eussI weN/gniognO eussI denrecnoC ytirohtuA )s(eganiahC eud detceffa eussi eht ot htgneL detceffa )mk( nekat )s(noitcA won llit )s(noitcA yb detseggus CS etaD detcepxE gnivloser rof eussi Drying up Replacemen t of plants Concession 325+200 to Irregular of plants 1 Ongoing 2.6 NA on aire 327+800 watering and daily median watering Large Concession 387+300 Filling of <DD/M 2 New 0.1 None potholes aire LHS potholes M> 3.2 Summary of items (Cumulative Observations/ Deficiencies) Work Work done upto done SNo Description Unit Total Balance Remarks previous during month reporting month 1 Carriageway and paved shoulders (a) Pot Holes Sqm 42 - - 42 (b) Roughness value mm exceeding 2,500mm (c ) Cracking in more than 5% Sqm 7179 - - 7179 of road surface (d) Rutting exceeding 10mm Sqm 5 - - 5 in more than 2% of road surface (e) Bleeding/Skiding Sqm (f) Ravelling Sqm (g) Damage to pavement m edges exceeding 10cm 2 Hard/Earth Shoulders (a) Rain cuts/ gullies in slope Cum 650 25 - 625Work Work done upto done SNo Description Unit Total Balance Remarks previous during month reporting month (b) Edge drop at shoulders m exceeding 40 mm 3 Drains and culverts (a) Cleaning of Culvert Nos 1 - - 1 (b) Damage to or silting of culverts (c) Silting of drains in urban/ semi urban areas 4 Road furniture (a) Sign Boards Nos 456 - - 456 (b) Kilometer Stones (c ) Metal Beam Crash Barrier (d) Bus Shelters Nos 72 4 - 68 (e) Junction signs Nos 26 8 - 18 (f) Median Grills Rmt 894 - - 894 (g) Studs Nos 5328 - - 5328 (h) Delinators Nos 8236 - - 8236 (i) Road Marking Sqm 1899 - - 1899 (j) Kerb Painting Sqm 4575 - - 4575 (k) Guard Posts Nos 3657 - - 3657 5 Street lighting and telecom (ATMS) (a) Street lights Nos (b) Telecom Nos 6 Trees and plantation (a) Removal of vegetation Ha 77.42 - 3.57 73.85 affecting sight line and road structures (b) Replacement of trees and Nos 15072 - - 15072 bushes 7 Buildings and bridges (a) Rest areas (b) Toll plazas (c ) Bridges3.3 Obligations as per contract Please write a summary of contractual obligations of Concessionaire and non- compliances of critical obligations highlighting reasons for delay and stating pending actions • Critical obligations of Concessionaire as per contract • Non compliances of critical contractual obligations3.4 Major maintenance and Inspection schedule Item Responsibility Last completed Due date on Major maintenance Concessionaire [DD/MM/YY] [DD/MM/YY] Periodic overlay Concessionaire [DD/MM/YY] [DD/MM/YY] Pavement inspection Authority Engineer [DD/MM/YY] [DD/MM/YY] using NSV Roughness using Authority Engineer [DD/MM/YY] [DD/MM/YY] Laser Profilometer Pavement Authority Engineer [DD/MM/YY] [DD/MM/YY] strength using FWD Bridge inspection Authority Engineer [DD/MM/YY] [DD/MM/YY] using MBIU Road sign inspection Authority Engineer [DD/MM/YY] [DD/MM/YY] using Reflectometer Other4 Inspection Report 4.1 Summary of NCR issued Total NCR NCR issued in NCR closed in issued till Balance NCR SNo Highway reporting reporting previous (A+B-C) asset month (B) month (C) month (A) 1 Pavement 48 12 25 35 2 Shoulder 7 0 3 4 3 Drainage 4 Median 5 Road furniture 6 Bridges 7 Buildings 8 Horticulture 9 [Other assets] Total 4.2 Equipment based inspection report Pavement Surface Defects Roughness Pavement Strength gnitratS eganiahC gnidnE eganiahC rebmun enaL )mc( skcarC )mc( selohtoP )mc( gnilevaR )mc( gnideelB htped gnittuR )mm( htped erutxeT )mm( dikS ecnatsiseR )mm( IRI lanoitanretnI( ssenhguoR )xednI citsalE suludoM suonimutiB cit s1aElE suludoM citsalE suludoM edarGbuS 0.000 0.500 L1 2X10 20X35 2.5X1.2 4X12 25 1.4 4.23 7110 34 14 0.500 1.000 L1 3X5 10X15 1.5X0.8 3X10 24 1.8 2.68 7430 36 15 1.000 1.500 L1 Report of equipment based inspection needs be provided as an Annexure to monthly report as per the defined frequency. Following documents/media to be submitted for equipment based inspection. • Video footage of all cameras installed on Network Survey Vehicle- ROW cameras and pavement camera • Network Survey Vehicle report capturing dimensions of following key metrics of pavement– Cracks – Potholes – Raveling – Bleeding – Rutting – Texture depth – Skid resistance – Roughness (IRI) • Falling Weight Deflectometer (FWD) report capturing following key metrics of pavement strength – Deflection Bowl (Transient Deflections at seven different points) – Corrected Elastic Modulus Bituminous E1 – Corrected Elastic Modulus Granular E2 – Corrected Elastic Modulus Subgrade E3 – Subgrade CBR – Bituminous layer coefficient A1 – Base layer coefficient A2 – Granular base layer coefficient A3 – Modified structural number • Mobile Bridge Inspection Report (MBIU) capturing following key metrics of bridges – Condition Approach – Condition Signs – Condition Debris – Condition Joint – Condition Deck – Condition Rails – Condition Protect – Condition Stream – Condition Superstructure – Condition Piers – Condition Abutment • Retro reflectometer report capturing following key metrics of road furniture – Coefficient of retroreflected luminance R A (night time retroreflection) of road traffic signs5 Monitoring of ETC lanes 5.1 Monthly ETC Report For TYPE OF VEHICLE Corresponding For Previous Month For Current Month month of previous year No of Fee No of Fee Fee No of Fee vehicles Collected vehicles Collected per vehicles Collected vehicle A Car Total 3845 384500 4659 465,900.00 100 4289 428,900.00 B LCV Total 1521 243360 1312 209,920.00 160 1399 223,840.00 C Bus Total 2404 793386 2284 765,207.00 201 2349 786,915.00 D Truck Total 1603 528924 1523 510,138.00 134 1566 524,610.00 E 3 Axle Total 18990 6836400 16310 5,953,150.00 365 15127 5,521,355.00 F MAV Total 16119 8381880 21111 11,188,830.00 530 18790 9,958,700.00 Over G Total 1 630 27 17,280.00 640 36 23,040.00 Size Total for the 49844 18,050,61 52963 19,898,834 49016 18,265,66 Month 8 1 5.2 On-ground infrastructure report Total number of plaza lanes = Total number of dedicated ETC lanes = Total number of hybrid lanes = Equipment as Units Equipment Tota Units per SNo Description damaged owner/ Remark l working specifications / provider s unit (Y/N) missing s 1 Hardware (a) Over-head transceiver 4 3 1 ABC Co. Y (b) Hand-held reader (c ) Lane controller (d) AVC (e) Camera (f) Weigh-in-motion (g) Static weigh bridge(h) Any other items 2 SoftwaresEquipment as Units Equipment Tota Units per SNo Description damaged owner/ Remark l working specification / provider s unit s (Y/N) missing s (a) Software – Lane/ Plaza level (b) TMS (c) Any other items 5.3 On-ground ETC operations and SLA adherence Average Average Average queue queue Average Average Average Average transctio Lane length length Transactio transaction transactio transactio n time during during n time time n time n time (others) peak time non peak (cash) (RFID) (cards) (wallet) time UPI – 20 Lane 1 10 vehicles 5 vehicles 15 seconds 10 seconds 20 seconds 25 seconds seconds Lane 2 Lane 3 • Average system uptime = 80% • Transactions uploaded (as per SLA) = 80% • Blacklists uploaded (as per SLA) = 50% • Blacklists downloaded (as per SLA) = 85% 6 Status of Damages for breach of maintenance activities 6.1 Damages for non completion of project facilities SNo Period Amount of damages (Rs) 1 Upto June 2016 15,00,35,000 2 Jul 2016 2,00,88,000 3 Aug 2016 2,00,88,000 4 Sep 2016 1,94,40,000 Total 20,96,51,000 Supporting Calculations for damages for Sep 2016 • No of days in Sep = 30 • Performance security is Rs 64,80,00,000 • As per CA Clause 12.3.2 damages payable is 0.1% of performance security per day = Rs 6,48,000 • Total damages payable = 30 X 6,48,000 = Rs 1,94,40,0006.2 Damages for breach of maintenance activities SNo Period Amount of damages (Rs) 1 Upto June 2016 1,00,35,000 2 Jul 2016 6.63,196 3 Aug 2016 6,63,196 4 Sep 2016 52,22,444 Total 1,65,83,836 Supporting Calculations for damages for reporting month oN S fo erutaN tcefed tinU latoT ytitnauQ etaR riaper o tsoC detamitse sa sa segamaD AC rep ta segamaD edis rehgih fo etaD noitcepsni sa syad fo oN AC rep segamaD morf syad fo oN segamad segamaD tnuoma 6.3 Damages for non completion of major maintenance/ periodic overlay SNo Period Amount of damages (Rs) 1 June 2016 6,48,000 2 Jul 2016 2,00,88,000 3 Aug 2016 2,00,88,000 4 Sep 2016 1,94,40,000 Total 6,02,64,000 Supporting Calculations for damages for Sep 2016 • No of days in Sep = 30 • Performance security is Rs 64,80,00,000 • As per CA Clause 12.3.2 damages payable is 0.1% of performance security per day = Rs 6,48,000 • Total damages payable = 30 X 6,48,000 = Rs 1,94,40,0007 Change of Scope proposals Date of Expected SN Proposal Details first Current status COS Amount / Actual o submission date of to AE approval Approved in principle by Construction of [Flyover [DD/MM/YYYY Authority. Detailed [DD/MM/YYY 1 [+/- Amount] Name] at [Chainage] ] quantitSCs in proper order Y] yet to be submitted Clarifications to be Nallah diversion through [DD/MM/YYYY submitted by [DD/MM/YYY 2 box culvert at [+/- Amount] ] Concessionaire, expected Y] [Chainage] date [DD/MM/YYYY] 8 Status of pending disputes Date of first Dispute SN Curren Dispute Details submission Suggested resolution by AE Amount (if o t to AE applicable) stage Increased tollable No merit in increasing tollable length to be 1 [DD/MM/YYYY] length hence no action required NA SAROD applicable in toll fee by <Agency> calculations Filling stations B/w <Agency>to consider the energized without Concession 2 [DD/MM/YYYY] Concessionaire's request for [+/- obtaining NOC from aire and intervention and assistance Amount] ministry <Agency>9 Reports 9.1 Monthly Toll Collection Report (Applicable only if project highway is tolled) For TYPE OF VEHICLE Corresponding For Previous Month For Current Month month of previous year Fee No of Fee No of Fee No of Fee per vehicles Collected vehicles Collected vehicles Collected vehicl e Single 3845 384500 4659 465,900.00 100 4289 428,900.00 A Car Return 1506 218370 1972 295,800.00 150 1758 263,700.00 Local 769 38450 979 48,950.00 50 1029 51,450.00 Single 1521 243360 1312 209,920.00 160 1399 223,840.00 B LCV Return 134 31490 162 38,880.00 240 132 31,680.00 Local 1683 134640 1838 147,040.00 80 1461 116,880.00 Single 2404 793386 2284 765,207.00 201 2349 786,915.00 C Bus Return 359 177903 173 87,567.00 303 203 102,717.00 Local 277 45738 205 34,782.00 102 318 54,060.00 Single 1603 528924 1523 510,138.00 134 1566 524,610.00 D Truck Return 240 118602 116 58,378.00 202 136 68,478.00 Local 185 30492 136 23,188.00 68 212 36,040.00 Single 18990 6836400 16310 5,953,150.00 365 15127 5,521,355.00 E 3 Axle Return 131 70740 34 18,700.00 550 37 20,350.00 Local 69 12420 84 15,540.00 185 131 24,235.00 Single 16119 8381880 21111 11,188,830.00 530 18790 9,958,700.00 F MAV Return 2 1550 20 15,800.00 790 35 27,650.00 Local 6 1560 18 4,770.00 265 8 2,120.00 Single 1 630 27 17,280.00 640 36 23,040.00 G Over Return 0 0 - 965 - Size Local 0 0 - 320 - Total for the 49844 18,050,61 52963 19,898,834 49016 18,265,66 Month 8 19.2 Accident Report oN S etaD on eganiahC tnedicca fo emiT )F/M( xeS A B C D E F G H I J K No of affecte d persons noitacol tnediccA tnedicca fo erutaN tnedicca fo noitacifissalC sesuaC elcihev fo snoitidnoc daoL noitidnoc daoR lortnoc fo epyt noitcesretnI noitidnoc rehtaeW mitciv fo egA mitciv fo epyT elcihev fo epyT lataF ojaM r oniM r yb dedivorp pleH 382/050 05:25 1 1/1/17 M 2 2 3 4 1 1 - 1 3 1 3 - 1 1 Ambu RHS pmMapping of report fields to responses A 1. Urban 2. Rural B 1. Overturned 2. Head On Collision 3. Hit from Back 4. Hit to Fix Object 5. Right turn Collision 6. Left turn Collision 7. Veered Out off The Road 8. Hit Pedestrian 9. Unknown/Hit & Ran Away C 1. Fatal 2. Major injury 3. Minor injury D 1. Drunken 2. Over Speeding 3. Vehicle out of Control 4. Driven on wrong side 5. Mechanical Problem 6. Drowsiness/Not Applicable 7. Fault of Driver E 1. Normally Loaded 2. Overloaded/Handing 3. Empty 4. Unknown F 1. Straight road 2. Slight Curve 3. Sharp Curve 4. Hump 5. Dip G 1. T-Junction 2. Y-Junction 3. Four arm Junction 4. Staggered Junction 5. Junction with more than 6. Round about Junction H 1. Fine/Clear 2.Mist/Fog 3. Cloudy 4. Light Rain 5. Heavy Rain 6. Strong Wind 7. Dust Storm 8. Cold 9. Hot I 1. 0-18 Years 2. 18-25 Years 3. 25-40 Years 4.40-60 Years 5. 60-80 Years J 1. Driver 2. Passenger 3. Pedestrian 4. Cyclist 5. Others K 1. Two Wheeler 2. Auto Rickshaw 3. Car/Jeep 4. Bus 5. Light Truck 6. Heavy Truck 7. Tractor 8. Bicycle 9. Cycle Rickshaw 10. Hand Drawn Cart 11. Animal Drawn Cart9.3 Details of complaints Contact Toll Complaint Name of the Details of Compliance by the SNo Date details plaz No person complaint concessionaire of a person Mr. Shailendra Mr. Shailendra Gurjar, LIG- Complaints 44,RSS regarding Pot holes Pot holes are 1 81 8/9/2016 mohalla, on the Highway repaired Shivaji Nagar, may cause Bhopal (M.P.) accidents. Dr. Diwakar Animals are Dr. Anil complaints that continuously driven Diwakar, HIG presence of out from the Road Swarganga Animals and also 2 82 10/9/2016 by the Highway Complex Bus Pot holes on road Patrolling team and Stand Seoni are obstructing the Pot holes are (M.P.) driving which may repaired. cause accidents. The Exemption under Indian Toll (Army and Air Maj. Sidharth while force) Act 1901, to travelling in army personnel Maj. Sidharth, personal car wants travelling in private 3 83 11/9/2016 238 Fd wksp Exemption from vehicle may be C/o- 56 APO Toll Fee on given if on Govt. production of I.D. duty with requisite Card pass as specified in the Indian Toll (Army and Air Force Rules, 1942)9.4 Encroachment list oNS )mk( eganiahC hctertS )SHR/SHL( ediS tcirtsiD / lisheT egalliV epyt tnemhcaorcnE )tnenamreP /yraropmeT( ,llats aeT( yrogetaC )cte ,elpmeT /weN( tnemhsilbatsE )gnitsixe )m( egde daor morf ecnatsiD dna htdiw tnemhcaorcnE htgnel rehcaorcnE fo emaN 212+50 Temporar Tea Vijay Kumar 1 LHS Kurnool Kurnool New 7 5mX3.5m 0 y stall Reddy 213+20 Dinnedevara Permanen Godow 10.5m X 2 RHS Kurnool Existing 5 Buddana 0 Padu t n 4m 9.5 Lane Closure Report S.No Date Chainage (Km) Side Time of Closure Reasons for Lane Remarks Closure & Approval From To Details 9/9/201 215+30 215+35 1 RHS 1pm-4pm Patch work 6 0 010 Annexures Annexure 1: Detailed visual inspection report of project highway Assets to be covered- Pavement, Shoulder, Drainage, Median, Bridges, Road furniture, Buildings, Horticulture, Service Road Description SNo NCP/ Date of Chainage Side AE Remarks of defect SNo issue 1 311 15.08.2016 Potholes 311+200 LHS To be repaired To be filled 2 312 15.08.2016 Cracking 311+500 RHS immediately 3 4 Annexure 2 onwards: AE should include comments, status update, data points and reports in following annexures which have not been included elsewhere in the main report. Such reports may include but not limited to: • Minutes of review meeting • Correspondence details • Weather report • Organizational chart of Concessionaire and AE • Project photographsAnnexure VII-OUTPUT FORMAT FROM NETWORK SURVEY VEHICLE AND FWD TESTING [NAME & LOGO OF IMPLEMENTING AGENCY] [PROJECT NAME] Authority Engineer [NAME OF CONSULTING FIRM] OUTPUT FROM NETWORK SURVEY VEHICLE AND FWD TESTINGTable of contents Contents Page Nos. SECTION ROAD INVENTORY DATA 1 161 1.1. Location Reference Post (LRP) Master 161 1.2. Carriageway Type 162 1.3. Road Type 162 1.4. Pavement Type 163 1.5. Pavement Width 164 1.6. Shoulder Type 165 1.7. Shoulder Width 166 1.8. Topography 166 1.9. Cross Section 167 1.10. Drain Type 168 1.11. Median Opening 169 1.12. Right Of Way 170 1.13. Pavement composition 171 1.14. Carriageway Furniture 173 1.15. Wayside Amenities 174 1.16. Land Use 175 SECTION ROAD CONDITION DATA 176 2 2.1. Visual condition 176 2.2. Roughness 179 2.3. Rutting 180 2.4. Texture Depth 181 2.5. Skid Resistance 182 2.6. Falling Weight Deflectometer (FWD) 183 2.7. Falling Weight Deflectometer (FWD) Rigid 187Annexure VII: OUTPUT FORMAT FROM NETWORK SURVEY VEHICLE AND FWD TESTING (SECTION 1: TESTING AT TIME OF COMPLETION, SECTION 2: FWD ATTRIBUTES - ANNUALLY, BALANCE PARAMETERS –BIANNUALLY AFTER CONSTRUCTION PHASE) In addition to the reports being submitted on equipment based inspection as specified in Section 4.2 of the Monthly Progress Report in the O&M phase, the Authority Engineer (AE) shall submit electronically in excel (.xls) format certain key parameters to the Project Director in the following format. Worksheets under Section 1 (‘Road inventory data’) shall be updated from surveys conducted only once at the time of completion testing. Worksheets under Section 2 (‘Road condition data’) shall be updated from surveys carried out annually for FWD attributes and biannually for the remaining attributes. The fields to be updated in each of the worksheets are described below. Each description is followed by an example of data for a sample project. SECTION 1 - ROAD INVENTORY DATA Road inventory data consists of parameters which provide basic information about roads such as pavement type, number of lanes, topography, etc. These parameters are largely static in nature, and therefore a survey to update this dataset shall be conducted only once at the time of completion testing. The road inventory data shall be used to update specific worksheets listed below. 1.1 Location Reference Post (LRP) Master The following table lists the fields which need to be populated for the ‘LRP Master’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 LRP Name Name of location reference post (LRP) Km stone 17 Chainage Chainage of the survey point (in km) 17 Direction Direction of survey Increasing • Increasing (chainage) • Decreasing (chainage) Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Old NH Number Old National Highway number NH0065 Section Code HYD-VIJ (Hyderabad- Code indicating starting and ending locations of section Vijayawada)A sample output is shown below for reference NH Survey Old NH Section LRP Name Chainag Direction Latitud Longitude Altitude Numbe Date Numbe Code e e r r NH0xxx Road Start 1.230 Increasing 9.98897 78.02671 63.07767 23-12-15 NH0yyy ABC-DEF NH0xxx Km Stone 8 8.000 Increasing 9.98444 78.02934 68.60126 23-12-15 NH0yyy ABC-DEF NH0xxx Km Stone 8 8.030 Increasing 9.98341 78.03004 68.15520 23-12-15 NH0yyy ABC-DEF NH0xxx Km Stone 9.008 Increasing 9.98107 78.03078 65.17153 23-12-15 NH0yyy ABC-DEF NH0xxx Km Stone 12.012 Increasing 9.96328 78.04160 56.03436 23-12-15 NH0yyy ABC-DEF NH0xxx Km Stone 17 17.085 Increasing 9.95385 78.05255 56.24748 23-12-15 NH0yyy ABC-DEF 1.2 Carriageway Type The following table lists the fields which need to be populated for the ‘Carriageway Type’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 HYD-VIJ Section Code Code indicating starting and ending locations of section (Hyderabad- Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Type of carriageway, classified into one of the below Divided categories: Carriageway Type • Divided • Undivided Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference Start End Carriagewa Date of NHNumbe Section Latitude Longitude Chainage Chainage y Survey r Type NH00xx ABC-DEF 0.000 0.794 Undivided 06-05-17 9.98897 78.02671 NH00xx ABC-DEF 0.794 1.000 Undivided 06-05-17 9.98444 78.02934 NH00xx ABC-DEF 1.000 2.810 Undivided 06-05-17 9.98341 78.03004 NH00xx ABC-DEF 2.810 4.335 Undivided 06-05-17 9.98107 78.03078 NH00xx ABC-DEF 4.335 6.666 Undivided 06-05-17 9.96328 78.04160 NH00xx ABC-DEF 6.666 12.906 Undivided 06-05-17 9.95385 78.052551.3 Road Type The following table lists the fields which need to be populated for the ‘Road Type’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Classification of road on basis of number of lanes Four Lane • Single Lane • Two Lane Road Type • Intermediate Lane • Four Lane • Six Lane Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Start End Date of NHNumbe Section RoadType Latitud Longitude Chainage Chainage Survey r e NH00xx ABC-DEF 0.000 0.794 Two Lane 06-05-17 9.98897 78.02671 NH00xx ABC-DEF 0.794 1.000 Two Lane 06-05-17 9.98444 78.02934 NH00xx ABC-DEF 1.000 2.810 Two Lane 06-05-17 9.98341 78.03004 NH00xx ABC-DEF 2.810 4.335 Two Lane 06-05-17 9.98107 78.03078 NH00xx ABC-DEF 4.335 6.666 Two Lane 06-05-17 9.96328 78.04160 NH00xx ABC-DEF 6.666 12.906 Two Lane 06-05-17 9.95385 78.05255 1.4 Pavement Type The following table lists the fields which need to be populated for the ‘Pavement Type’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Pavement Type Classification of pavement based on type of surface: AsphaltField Description Example • Asphalt • Cement concrete Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Start End Pavement Date NHNumbe Section Directio Latitud Longitude Chainage Chainage Type of r n e Survey ABC- NH00xx 0.000 0.804 Both Asphalt 06-05-17 9.98897 78.02671 DEF ABC- NH00xx 0.804 1.000 Both Asphalt 06-05-17 9.98444 78.02934 DEF ABC- NH00xx 1.000 1.172 Both Asphalt 06-05-17 9.98341 78.03004 DEF ABC- NH00xx 1.172 2.821 Both Asphalt 06-05-17 9.98107 78.03078 DEF ABC- NH00xx 2.821 4.350 Both Asphalt 06-05-17 9.96328 78.04160 DEF ABC- NH00xx 4.350 6.710 Both Asphalt 06-05-17 9.95385 78.05255 DEF ABC- NH00xx 6.710 12.925 Both Asphalt 06-05-17 9.93102 78.05648 DEF 1.5 Pavement Width The following table lists the fields which need to be populated for the ‘Pavement Width’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Width of the pavement in metres, classified into one of >7m and <10.5m the below categories • >= 3.75m and < 5.5m Pavement Width • >5.5m and < 7m • >= 7m and < 10.5m • >=10.5m and <=12.5m • > 12.5m Width of the pavement in metres, rounded to two 7.0 Pavement Width Value places after decimalField Description Example Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Pavemen Section Start End Pavement Survey NH Directio t Latitud Longitud Code Chainage Chainage Width Date Number n Widt e e h Value NH00xx ABC-DEF 0.000 0.794 Both 7 – 10.5 m 7.00 06-05-17 9.98897 78.02671 NH00xx ABC-DEF 0.794 1.000 Both 7 – 10.5 m 7.00 06-05-17 9.98444 78.02934 NH00xx ABC-DEF 1.000 2.810 Both 7 – 10.5 m 7.00 06-05-17 9.98341 78.03004 NH00xx ABC-DEF 2.810 4.335 Both 7 – 10.5 m 7.00 06-05-17 9.98107 78.03078 NH00xx ABC-DEF 4.335 6.666 Both 7 – 10.5 m 7.00 06-05-17 9.96328 78.04160 NH00xx ABC-DEF 6.666 12.906 Both 7 – 10.5 m 7.00 06-05-17 9.95385 78.05255 1.6 Shoulder Type The following table lists the fields which need to be populated for the ‘Shoulder Type’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing • Increasing (chainage) Direction • Decreasing (chainage) Type of shoulder, classified into one of the below Gravel categories: • None • Paved • Gravel Shoulder Type • Earth Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Section End NH Start Directio ShoulderType Survey Latitud Longitude Code Chainage Number Chainage n Date e NH00xx ABC-DEF 0.000 0.763 Increasing No Shoulder 09-01-16 9.98897 78.02671 NH00xx ABC-DEF 0.763 0.834 Increasing Gravel 09-01-16 9.98444 78.02934NH00xx ABC-DEF 0.834 1.254 Increasing Gravel 09-01-16 9.98341 78.03004 NH00xx ABC-DEF 1.254 2.945 Increasing Gravel 05-01-16 9.98107 78.03078 NH00xx ABC-DEF 2.945 4.327 Increasing Gravel 05-01-16 9.96328 78.04160 NH00xx ABC-DEF 4.327 4.405 Increasing Gravel 05-01-16 9.95385 78.05255 NH00xx ABC-DEF 4.405 6.844 Increasing Gravel 05-01-16 9.93102 78.05648 NH00xx ABC-DEF 6.844 9.359 Increasing Gravel 05-01-16 9.91229 78.04961 NH00xx ABC-DEF 9.359 12.966 Increasing Gravel 05-01-16 9.89041 78.03458 1.7 Shoulder Width The following table lists the fields for the ‘Shoulder Width’ attribute, which need to be populated. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing • Increasing (chainage) Direction • Decreasing (chainage) Width of the shoulder in metres, classified into one of < 1m the below categories • No shoulder • < 1m • >= 1m and <= 2m Shoulder Width • > 2m Width of the shoulder in metres, rounded to one place 0.5 Shoulder Width Value after decimal Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Shoulder Section Start End Shoulder Survey NH Direction Width Latitude Longitude Code Chainage Chainage Width Date Number Value No NH0xxx ABC-DEF 0.000 0.785 Increasing 0.0 03-01-16 9.98897 78.02671 Shoulder No NH0xxx ABC-DEF 0.785 2.612 Increasing 0.0 03-01-16 9.98444 78.02934 Shoulder NH0xxx ABC-DEF 2.612 3.170 Increasing 1-2m 2.0 03-01-16 9.98341 78.03004 NH0xxx ABC-DEF 3.170 5.194 Increasing 1-2m 2.0 03-01-16 9.98107 78.03078 NH0xxx ABC-DEF 5.194 6.793 Increasing 1-2m 2.0 03-01-16 9.96328 78.04160 NH0xxx ABC-DEF 6.793 11.404 Increasing 1-2m 2.0 03-01-16 9.95385 78.052551.8 Topography The following table lists the fields which need to be populated for the ‘Topography’ attribute. The descriptions of the fields are given below. Field Descriptio Example n NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Topography of the road, classified into one of the Flat below categories • Flat • Rolling Topography • Hilly Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Section Start End Survey NH Topography Latitud Longitude Code Chainage Chainage Date Number e NH0xxx ABC-DEF 0.000 0.808 Flat 05-01-16 9.98897 78.02671 NH0xxx ABC-DEF 0.808 1.254 Flat 05-01-16 9.98444 78.02934 NH0xxx ABC-DEF 1.254 2.828 Flat 05-01-16 9.98341 78.03004 NH0xxx ABC-DEF 2.828 4.363 Flat 05-01-16 9.98107 78.03078 NH0xxx ABC-DEF 4.363 6.724 Flat 05-01-16 9.96328 78.04160 NH0xxx ABC-DEF 6.724 12.933 Flat 05-01-16 9.95385 78.05255 1.9 Cross Section The following table lists the fields which need to be populated for the ‘Cross Section’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing • Increasing (chainage) Direction • Decreasing (chainage) Cross section type, classified into one of the below Fill Cross Section categoriesField Description Example • Cut • Fill • Cut and Fill • Level Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Section Start End NH Direction Cross Section Survey Latitud Longitude Code Chainage Chainage Number Date e NH0xxx ABC-DEF 0.000 0.822 Increasing Level 03-01-16 9.98897 78.02671 NH0xxx ABC-DEF 0.822 2.642 Increasing Level 03-01-16 9.98444 78.02934 NH0xxx ABC-DEF 2.642 3.199 Increasing Level 03-01-16 9.98341 78.03004 NH0xxx ABC-DEF 3.199 5.360 Increasing Level 03-01-16 9.98107 78.03078 NH0xxx ABC-DEF 5.360 5.715 Increasing Fill 03-01-16 9.96328 78.04160 NH0xxx ABC-DEF 5.715 6.941 Increasing Level 03-01-16 9.95385 78.05255 NH0xxx ABC-DEF 6.941 11.163 Increasing Level 03-01-16 9.93102 78.05648 1.10 Drain Type The following table lists the fields which need to be populated for the ‘Drain Type’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing • Increasing (chainage) Direction • Decreasing (chainage) Type of drain, classified into one of the below Open lined drain categories • Open unlined drain • Open lined drain • Covered line drain Drain Type • No drain Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671A sample output is shown below for reference: NH Section Start End Direction Drain Type Survey Latitud Longitud Number Code Chainage Chainage Date e e Open Unlined NH0xxx ABC-DEF 0.000 0.069 Increasing 09-01-16 9.98897 78.02671 Drain NH0xxx ABC-DEF 0.069 0.782 Increasing Open Lined Drain 09-01-16 9.98444 78.02934 Open Unlined NH0xxx ABC-DEF 0.288 0.000 Decreasing 09-01-16 9.98341 78.03004 Drain Open Unlined NH0xxx ABC-DEF 0.782 0.846 Increasing 09-01-16 9.98107 78.03078 Drain Open Unlined NH0xxx ABC-DEF 0.846 1.254 Increasing 09-01-16 9.96328 78.04160 Drain Open Unlined NH0xxx ABC-DEF 1.254 2.265 Increasing 05-01-16 9.95385 78.05255 Drain Open Unlined NH0xxx ABC-DEF 1.929 0.288 Decreasing 09-01-16 9.93102 78.05648 Drain NH0xxx ABC-DEF 1.952 1.929 Decreasing No Drain 09-01-16 9.91229 78.04961 Open Unlined NH0xxx ABC-DEF 2.265 3.005 Increasing 05-01-16 9.89041 78.03458 Drain Open Unlined NH0xxx ABC-DEF 2.680 1.952 Decreasing 09-01-16 9.88489 78.02995 Drain Open Unlined NH0xxx ABC-DEF 3.005 4.424 Increasing 05-01-16 9.87474 78.02828 Drain Open Unlined NH0xxx ABC-DEF 3.109 2.680 Decreasing 09-01-16 9.87363 78.02744 Drain Covered Line NH0xxx ABC-DEF 3.320 3.109 Decreasing 09-01-16 9.84857 78.01535 Drain Open Unlined NH0xxx ABC-DEF 3.917 3.320 Decreasing 09-01-16 9.83764 78.00392 Drain Open Unlined NH0xxx ABC-DEF 4.424 4.601 Increasing 05-01-16 9.83711 77.98576 Drain Open Unlined NH0xxx ABC-DEF 4.601 5.693 Increasing 05-01-16 9.83386 77.97729 Drain 1.11 Median Opening The following table lists the fields which need to be populated for the ‘Median Opening’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing • Increasing (chainage) Direction • Decreasing (chainage) Type of median, classified into one of the below Raised categories • Raised; • Depressed; • Barrier; • None. Median TypeField Description Example Width of the median in metres, rounded to one place 0.5 Median Width after decimal Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Section Start End Median Median Survey NH Direction Latitud Longitud Code Chainage Chainage Type Width Date Number e e NH00xx ABC-DEF 0.000 0.794 Both Raised 0.5 05-01-16 9.98897 78.02671 NH00xx ABC-DEF 0.794 1.000 Both Raised 0.5 05-01-16 9.98444 78.02934 NH00xx ABC-DEF 1.000 2.810 Both No Median 0.0 05-01-16 9.98341 78.03004 NH00xx ABC-DEF 2.810 4.335 Both Raised 1.5 05-01-16 9.98107 78.03078 NH00xx ABC-DEF 4.335 6.666 Both No Median 0.0 05-01-16 9.96328 78.04160 NH00xx ABC-DEF 6.666 12.906 Both No Median 0.0 05-01-16 9.95385 78.05255 1.12 Right Of Way The following table lists the fields which need to be populated for the ‘Right of Way’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing • Increasing (chainage) Direction • Decreasing (chainage) Row Width Width of Right of Way (in metres) 24 Remarks Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Section Start End ROW Survey NH Direction Remark Latitud Longitude Code Chainage Chainage Width Date Number s e NH0xxx ABC-DEF 0.000 1.000 Increasing 28 05-05-15 9.98897 78.02671 NH0xxx ABC-DEF 1.000 2.000 Increasing 24 05-05-15 9.98444 78.02934 NH0xxx ABC-DEF 2.000 3.000 Increasing 30 05-05-15 9.98341 78.03004 NH0xxx ABC-DEF 3.000 4.000 Increasing 26 05-05-15 9.98107 78.03078 NH0xxx ABC-DEF 4.000 11.000 Increasing 24 05-05-15 9.96328 78.041601.13 Pavement composition The following table lists the fields which need to be populated for the ‘Pavement composition’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Type of pavement Asphalt Pavement Type • Asphalt • Cement concrete Bituminous Surface Type of bituminous surface course BC Course Type Bituminous Surface Thickness of BSC layer in mm 40 Course Thickness MM BSC Construction Year Year of construction of BSC layer in flexible pavements 2015 Bituminous Base Type of bituminous base course DBM Course Type Bituminous Base Thickness of BBC layer in mm 100 Course Thick—ness BBC Construction Year Year of construction of BBC layer in flexible pavements 2015 Granular Base Type Type of granular base WMM Granular Base Thick- Thickness of GB layer in mm 250 ness GB Construction Year Year of construction of GB layer in flexible pavements 2015 Pavement Quality Type of pavement quality concrete PQC Concrete Type Pavement Quality Thickness of PQC layer in mm 300 Concrete Thickness PQC Construction Year Year of construction of PQC layer in rigid pavements 2015 Dry Lean Concrete Thickness of DLC layer in mm 100 Thickness MM Dry Lean Concrete Type of dry lean concrete DLC Type DLC Construction Year Year of construction of DLC layer in rigid pavements 2015 Granular Sub Base Type of granular sub base GSB Type Granular Sub Base Thickness of GSB layer in mm 200 Thickness GSB Construction Year Year of construction of GSB layer 2014 Design CBR Design CBR of the subgrade, expressed in % 5% Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897Field Description Example Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Bitumino Bitumino Bitumino BSC Bitumin BBC Granula Sec- Star End us Base Granu NH Direc Pavem u s u s Constru o us Constru r Base tion t Chai Course l ar No. - e nt Surface Surface c-tion Base c-tion Thickne Code Chai nag Thicknes Base tion Type Course Course Year Course Year ss nag e s Type Type Thickness Type e NH00x ABC- Both 0.0 5.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250 x DEF side NH00x ABC- Both 5.0 11.0 Asphalt BC 40.0 2015 DBM 80 2015 WMM 250 x DEF side NH00x ABC- Both 11.0 20.0 Asphalt SDBC 25.0 2015 BM 115 2015 WMM 250 x DEF side NH00x ABC- Both 20.0 22.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250 x DEF side NH00x ABC- Both 22.0 30.0 Asphalt SDBC 25.0 2015 BM 115 2015 WMM 250 x DEF side NH00x ABC- Both 30.0 31.0 Asphalt BC 40.0 2015 DBM 100 2015 WMM 250 x DEF side (table continued…) Pavem Dry GB Pavem e nt PQC Lean Dry DLC Granul Granul GSB e nt Quality a r Desi Const Const Concre Lean Const ar Constr Surve Lati Longi Quality Concre SubBas g n r r t e Concrer SubBa u ction y t t ude Concre t e e CBR uctio uctio Thickn t e uctio s e Year Date ude t e Type Thickn Thickn n Year n ess Type n Type e e ss Year Year ss 05-05- 2015 NA NA NA NA NA NA GSB 300 2015 5% 9.99 78.03 15 05-05- 2015 NA NA NA NA NA NA GSB 300 2015 5% 9.98 78.03 15 05-05- 2015 NA NA NA NA NA NA GSB 300 2015 5% 9.98 78.03 15 05-05- 2015 NA NA NA NA NA NA GSB 300 2015 5% 9.98 78.03 15 05-05- 2015 NA NA NA NA NA NA GSB 300 2015 5% 9.96 78.04 15 05-05- 2015 NA NA NA NA NA NA GSB 300 2015 5% 9.95 78.05 15 1.14 Carriageway Furniture The following table lists the fields which need to be populated for the ‘Carriageway Furniture’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Chainage Chainage of the point (in km) 0.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage)Field Description Example Wayside amenities classified into one of the below Road sign categories: • Crash barriers Wayside Amenity Type • Signs • Street Lights • Km stone Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: NHNumbe SectionCode Chainage Direction EventType SurveyDat Latitud Longitude r e e Street Light NH00xx ABC-DEF 0.012 Increasing 03-01-16 9.98897 78.02671 Start Street Light NH00xx ABC-DEF 0.287 Increasing 03-01-16 9.98444 78.02934 End NH00xx ABC-DEF 2.491 Decreasing Road Sign 03-01-16 9.98341 78.03004 NH00xx ABC-DEF 2.708 Decreasing Road Sign 03-01-16 9.98107 78.03078 NH00xx ABC-DEF 3.496 Increasing Road Sign 03-01-16 9.96328 78.04160 NH00xx ABC-DEF 5.160 Increasing Road Sign 03-01-16 9.95385 78.05255 NH00xx ABC-DEF 5.356 Decreasing Road Sign 03-01-16 9.93102 78.05648 NH00xx ABC-DEF 8.402 Decreasing Road Sign 03-01-16 9.91229 78.04961 NH00xx ABC-DEF 10.966 Decreasing Road Sign 03-01-16 9.89041 78.03458 1.15 Wayside Amenities The following table lists the fields which need to be populated for the ‘Wayside Amenities’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Chainage Chainage of the point (in km) 0.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Wayside amenities classified into one of the below Restaurant/Motel categories: • Bus shelter; • Culverts; Wayside Amenity • Restaurant/Motel; • Toilet/Public convenience; • Rest Rooms for short stay; • Toll Plaza; • First aid/Medical centre;Field Description Example • Telephone booth; • Petrol pump/minor repair shop (optional); • Police Station; • Temple /Mosque; • Bridges. Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Data Source Remarks Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: NH Section Survey Data Chainage Direction Wayside Remark Latitude Longitude Number Code Date Source Amenity s ABC- NH00xx 0.650 Increasing Restaurant/Motel 05-01-16 9.98897 78.02671 DEF ABC- NH00xx 1.998 Increasing Restaurant/Motel 05-01-16 9.98444 78.02934 DEF ABC- NH00xx 5.524 Increasing Petrol Pump 05-01-16 9.98341 78.03004 DEF ABC- NH00xx 11.413 Increasing Restaurant/Motel 05-01-16 9.98107 78.03078 DEF 1.16 Land Use The following table lists the fields which need to be populated for the ‘Land Use’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Land use classified into one of the below categories: Commercial • Residential; • Commercial; Land Use • Industrial; • Agricultural; • Water bodies; • Mixed. Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897Field Description Example Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: NHNumbe SectionCode StartChainag EndChainage Direction LandUse SurveyDat Latitude Longitud r e e e NH00xx ABC-DEF 0.000 0.797 Increasing Mixed 03-01-16 9.98897 78.02671 NH00xx ABC-DEF 0.511 0 Decreasing Mixed 03-01-16 9.98444 78.02934 NH00xx ABC-DEF 0.797 2.699 Increasing Mixed 03-01-16 9.98341 78.03004 NH00xx ABC-DEF 0.835 0.511 Decreasing Mixed 03-01-16 9.98107 78.03078 NH00xx ABC-DEF 0.987 0.835 Decreasing Mixed 03-01-16 9.96328 78.04160 NH00xx ABC-DEF 1.641 0.987 Decreasing Agriculture 03-01-16 9.95385 78.05255 Barren NH00xx ABC-DEF 2.081 1.641 Decreasing 03-01-16 9.93102 78.05648 Land NH00xx ABC-DEF 2.378 2.081 Decreasing Agriculture 03-01-16 9.91229 78.04961 NH00xx ABC-DEF 2.458 2.378 Decreasing Agriculture 03-01-16 9.89041 78.03458 NH00xx ABC-DEF 2.699 3.234 Increasing Agriculture 03-01-16 9.88489 78.02995 SECTION 2 - ROAD CONDITION DATA Road condition data consists of parameters which directly affect maintenance requirements of the road. These parameters are dynamic in nature, and therefore a survey to update this dataset shall be conducted annually for FWD testing and every six months as per Annexure IV for network survey vehicle testing. The first survey shall be conducted at the time of completion testing and the remaining surveys shall be conducted as per the defined frequency. As an example, if majority of highway length (>50%) passes through a state, where defined survey months are May and November, if completion testing is conducted in April, then the first network survey shall be conducted in the month of April. This shall be considered as the network survey to be conducted in the month of May. The 2nd survey shall be conducted in the month of November, the 3rd survey shall be conducted in the month of May and so on. As regards FWD, the first test/survey shall be conducted at the time of completion in April. The 2nd test/survey shall be conducted in April of next year and so on. The road condition data shall be used to update specific worksheets, which are listed below. 2.1 Visual condition The following table lists the fields which need to be populated for the ‘Visual Condition’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065Field Description Example Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Number of the lane: L1, L2, R1, R2, etc., L1 being 1st L1 Lane Number lane on the left from centreline of carriageway, L2 being 2nd lane on the left from centerline and so on Percent of pavement area affected by ravelling, which 2 is converted to the following rating scale: • 1 - Very Poor (> 30%) Ravelling • 2 - Poor (11-30%) • 3 - Fair (6-10%) • 4 - Good (1-5%) • 5 - Very Good (0%) No. of potholes, which is converted to the following 1 rating scale: • 1 - Very Poor (> 5) Pot Holes • 2 - Poor (3-5) • 3 - Fair (2) • 4 - Good (1) • 5 - Very Good (0) Pavement area containing edge breaks, which is 3 converted to the following rating scale: • 1 - Very Poor (> 5m2) Edge Break • 2 - Poor (1-5m2) • 3 - Fair (0.5-1m2) • 4 - Good (0-0.5m2) • 5 - Very Good (0m2) Percent of pavement area affected by cracking, which 3 is converted to the following rating scale: • 1 - Very Poor (> 30%) Cracking • 2 - Poor (21-30%) • 3 - Fair (11-20%) • 4 - Good (5-10%) • 5 - Very Good (<5%) Percent of pavement area affected by disintegration, 2 which is converted to the following rating scale: • 1 - Very Poor (> 50%) Disintegration • 2 - Poor (20-50%) • 3 - Fair (10-20%) • 4 - Good (1-10%) • 5 - Very Good (<1%)Field Description Example Percent of pavement area affected by depression, 5 which is converted to the following rating scale: • 1 - Very Poor (> 5%) Depression • 2 - Poor (3-5%) • 3 - Fair (1-2%) • 4 - Good (0-1%) • 5 - Very Good (0) Percent of pavement area affected by bleeding, which 3 is converted to the following rating scale: • 1 - Very Poor (> 50%) Bleeding • 2 - Poor (20-50%) • 3 - Fair (10-20%) • 4 - Good (1-10%) • 5 - Very Good (<1%) Percent of pavement area affected by patching, which 4 is converted to the following rating scale: • 1 - Very Poor (> 30%) Patching • 2 - Poor (16-30%) • 3 - Fair (6-15%) • 4 - Good (2-5%) • 5 - Very Good (<2%) Condition of the drain, which is converted to 2 the following rating scale: Drain Condition • 1 - Poor • 2 - Fair • 3 - Good Condition of the shoulder, which is converted to the Fair following rating scale: Shoulder Condition • 1 - Poor • 2 - Fair • 3 - Good Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Start End Lane NHNumbe Section Directio Ravelling PotHoles EdgeBreak Cracking Chainage Chainage Numbe r n r NH00xx ABC-DEF 0.000 0.500 Increasing L1 4 4 4 4 NH00xx ABC-DEF 0.500 1.000 Increasing L1 4 4 4 5 NH00xx ABC-DEF 1.000 1.500 Increasing L1 5 5 4 5 NH00xx ABC-DEF 1.500 2.000 Increasing L1 5 5 5 5 NH00xx ABC-DEF 2.000 2.500 Increasing L1 5 5 5 5 NH00xx ABC-DEF 2.500 3.000 Increasing L1 5 5 4 5 NH00xx ABC-DEF 3.000 3.500 Increasing L1 5 5 4 5 NH00xx ABC-DEF 3.500 4.000 Increasing L1 5 4 3 5Start End Lane NHNumbe Section Direction Ravelling PotHoles EdgeBreak Cracking Chainage Chainage Numbe r r NH00xx ABC-DEF 4.000 4.500 Increasing L1 4 4 4 5 NH00xx ABC-DEF 4.500 5.000 Increasing L1 5 5 4 5 NH00xx ABC-DEF 5.000 5.500 Increasing L1 5 5 4 5 NH00xx ABC-DEF 5.500 6.000 Increasing L1 5 5 4 5 NH00xx ABC-DEF 6.000 6.500 Increasing L1 5 5 4 5 NH00xx ABC-DEF 6.500 7.000 Increasing L1 5 5 4 5 NH00xx ABC-DEF 7.000 7.500 Increasing L1 5 5 5 5 NH00xx ABC-DEF 7.500 8.000 Increasing L1 5 5 4 5 NH00xx ABC-DEF 8.000 8.500 Increasing L1 5 5 4 5 NH00xx ABC-DEF 8.500 9.000 Increasing L1 5 5 4 5 NH00xx ABC-DEF 9.000 9.500 Increasing L1 5 5 4 5 NH00xx ABC-DEF 9.500 10.000 Increasing L1 5 5 3 5 (table continued…) Drain Date of Disintegratio Depression Bleeding Patching ShoulderConditio Latitude Longitude Condition Survey n n 4 4 4 4 2 2 06-05-17 9.98897 78.02671 4 4 4 4 2 2 06-05-17 9.98444 78.02934 5 5 5 4 2 2 06-05-17 9.98341 78.03004 5 5 5 5 2 2 06-05-17 9.98107 78.03078 5 5 5 5 2 2 06-05-17 9.96328 78.04160 5 5 5 5 2 2 06-05-17 9.95385 78.05255 5 5 5 5 2 3 06-05-17 9.93102 78.05648 4 4 4 4 2 3 06-05-17 9.91229 78.04961 4 4 4 4 2 2 06-05-17 9.89041 78.03458 5 5 5 5 2 2 06-05-17 9.88489 78.02995 5 5 5 5 2 2 06-05-17 9.87474 78.02828 5 5 5 5 2 2 06-05-17 9.87363 78.02744 5 5 5 5 2 2 06-05-17 9.84857 78.01535 5 5 5 5 2 2 06-05-17 9.83764 78.00392 5 5 5 5 2 2 06-05-17 9.83711 77.98576 5 5 5 5 1 2 06-05-17 9.83386 77.97729 5 5 5 5 2 2 06-05-17 9.81804 77.97875 5 5 5 5 2 2 06-05-17 9.77426 77.98129 5 4 4 4 2 2 06-05-17 9.73071 77.97999 5 5 5 3 2 2 06-05-17 9.68686 77.97017 2.2 Roughness The following table lists the fields which need to be populated for the ‘Roughness’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 Code indicating starting and ending locations of HYD-VIJ (Hyderabad- Section Code section Vijayawada)Field Description Example Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) LwpIri International roughness index (IRI) of left wheel 2.33 path measured from laser profilometer RwpIri International roughness index (IRI) of right wheel path 1.97 measured from laser profilometer LaneIri Average of the International roughness index (IRI) 2.15 of left and right wheel paths Speed Speed of vehicle in km/h 42 Survey Date Date of survey in the format <DD-MM-YYYY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: NH Section Start End Lane Survey Directio LwpIrRwpIr LaneIr Speed LatitudLongitude Numbe Code ChainageChainage Numbe Date r n r i i i e ABC- 06-05- NH00xx 0.0 0.1 Increasing L1 3.31 5.16 4.24 20 9.98897 78.02671 DEF 17 ABC- 06-05- NH00xx 0.1 0.2 Increasing L1 2.81 3.54 3.18 37 9.98444 78.02934 DEF 17 ABC- 06-05- NH00xx 0.2 0.3 Increasing L1 2.31 1.92 2.12 42 9.98341 78.03004 DEF 17 ABC- 06-05- NH00xx 0.3 0.4 Increasing L1 2.17 2.37 2.27 46 9.98107 78.03078 DEF 17 ABC- 06-05- NH00xx 0.4 0.5 Increasing L1 2.11 1.72 1.92 42 9.96328 78.04160 DEF 17 ABC- 06-05- NH00xx 0.5 0.6 Increasing L1 2.33 1.97 2.15 49 9.95385 78.05255 DEF 17 ABC- 06-05- NH00xx 0.6 0.7 Increasing L1 2.37 2.00 2.19 42 9.93102 78.05648 DEF 17 ABC- 06-05- NH00xx 0.7 0.8 Increasing L1 2.15 2.17 2.16 33 9.91229 78.04961 DEF 17 ABC- 06-05- NH00xx 0.8 0.9 Increasing L1 2.45 2.05 2.25 32 9.89041 78.03458 DEF 17 ABC- 06-05- NH00xx 0.9 1.0 Increasing L1 2.18 2.51 2.35 48 9.88489 78.02995 DEF 17 2.3 Rutting The following table lists the fields which need to be populated for the ‘Rutting’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 HYD-VIJ (Hyderabad- Section Code Code indicating starting and ending locations of section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500Field Description Example End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Number of the lane: L1, L2, R1, R2, etc., L1 being 1st L1 Lane Number lane on the left from centreline of carriageway, L2 being 2nd lane on the left from centerline and so on Rutting Left Rut depth in mm, measured from left wheel path 20 Rutting Right Rut depth in mm, measured from left wheel path 18 Rutting Avg Average rut depth measured from left and right wheel 19 paths Speed Speed of vehicle in km/h 42 Survey Date Date of survey in the format <DD-MM-YYYY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: NH Section Start End Lane Ruttin Ruttin Ruttin Survey Directio Speed Latitud Longitud Numbe Code ChainageChainage Numbe g g g Date r n r Left Right Avg e e ABC- 06-05- NH00xx 0.0 0.5 Increasing L1 15 14 15 20 9.98897 78.02671 DEF 17 ABC- 06-05- NH00xx 0.5 1.0 Increasing L1 20 18 19 37 9.98444 78.02934 DEF 17 ABC- 06-05- NH00xx 1.0 1.5 Increasing L1 10 8 9 42 9.98341 78.03004 DEF 17 ABC- 06-05- NH00xx 1.5 2.0 Increasing L1 5 6 6 46 9.98107 78.03078 DEF 17 ABC- 06-05- NH00xx 2.0 2.5 Increasing L1 10 10 10 42 9.96328 78.04160 DEF 17 ABC- 06-05- NH00xx 2.5 3.0 Increasing L1 7 5 6 49 9.95385 78.05255 DEF 17 ABC- 06-05- NH00xx 3.0 3.5 Increasing L1 20 18 19 42 9.93102 78.05648 DEF 17 ABC- 06-05- NH00xx 3.5 4.5 Increasing L1 5 5 5 33 9.91229 78.04961 DEF 17 ABC- 06-05- NH00xx 4.5 5.0 Increasing L1 5 5 5 32 9.89041 78.03458 DEF 17 2.4 Texture Depth The following table lists the fields which need to be populated for the ‘Texture Depth’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 HYD-VIJ (Hyderabad- Section Code Code indicating starting and ending locations of section Vijayawada) Start Chainage Chainage of the start point (in km) 0.500Field Description Example End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Number of the lane: L1, L2, R1, R2, etc., L1 being 1st L1 Lane Number lane on the left from centreline of carriageway, L2 being 2nd lane on the left from centerline and so on Texture Left Texture depth of pavement in mm, measured from left 0.40 wheel path Texture Right Texture depth of pavement in mm, measured from left 0.30 wheel path Texture Average Average texture depth measured from left and right 0.35 wheel paths Speed Speed of vehicle in km/h 42 Survey Date Date of survey in the format <DD-MM-YYYY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: NH Section Start End Lane TexturTextur Texture Survey Direction Speed Latitud Longitud Numbe Code Chainag Chainage Numbe e e Average Date r e r Left Right e e ABC- 06-05- NH00xx 0.0 0.5 Increasing L1 0.40 0.30 0.35 20 9.98897 78.02671 DEF 17 ABC- 06-05- NH00xx 0.5 1.0 Increasing L1 0.60 0.50 0.55 37 9.98444 78.02934 DEF 17 ABC- 06-05- NH00xx 1.0 1.5 Increasing L1 0.80 0.90 0.85 42 9.98341 78.03004 DEF 17 ABC- 06-05- NH00xx 1.5 2.0 Increasing L1 0.40 0.40 0.4 46 9.98107 78.03078 DEF 17 ABC- 06-05- NH00xx 2.0 2.5 Increasing L1 0.30 0.30 0.3 42 9.96328 78.04160 DEF 17 ABC- 06-05- NH00xx 2.5 3.0 Increasing L1 0.70 0.60 0.65 49 9.95385 78.05255 DEF 17 ABC- 06-05- NH00xx 3.0 3.5 Increasing L1 0.40 0.50 0.45 42 9.93102 78.05648 DEF 17 ABC- 06-05- NH00xx 3.5 4.5 Increasing L1 0.90 0.80 0.85 33 9.91229 78.04961 DEF 17 ABC- 06-05- NH00xx 4.5 5.0 Increasing L1 0.40 0.30 0.35 32 9.89041 78.03458 DEF 17 2.5 Skid Resistance The following table lists the fields which need to be populated for the ‘Skid Resistance’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 HYD-VIJ (Hyderabad- Section Code Code indicating starting and ending locations of section Vijayawada)Field Description Example Start Chainage Chainage of the start point (in km) 0.500 End Chainage Chainage of the end point (in km) 1.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Number of the lane: L1, L2, R1, R2, etc., L1 being 1st L1 Lane Number lane on the left from centreline of carriageway, L2 being 2nd lane on the left from centerline and so on Skid Left Skid resistance of pavement measured as skid 25 number, measured from left wheel path Skid Right Skid resistance of pavement measured as skid number, 24 measured from left wheel path Skid Average Average skid resistance measured from left and right 24.5 wheel paths Speed Speed of vehicle in km/h 42 Survey Date Date of survey in the format <DD-MM-YYYY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: NH Section Start End Lane Skid Skid Skid Surve Directio Speed Latitud Longitud Numbe Code Chainage Chainag Number Left Right Averag y r e n e Date e e ABC- 06-05- NH00xx 0.0 0.5 Increasing L1 25.0 24.0 24.5 20 9.98897 78.02671 DEF 17 ABC- 06-05- NH00xx 0.5 1.0 Increasing L1 23.0 23.0 23.0 37 9.98444 78.02934 DEF 17 ABC- 06-05- NH00xx 1.0 1.5 Increasing L1 23.0 24.0 23.5 42 9.98341 78.03004 DEF 17 ABC- 06-05- NH00xx 1.5 2.0 Increasing L1 22.0 22.0 22.0 46 9.98107 78.03078 DEF 17 ABC- 06-05- NH00xx 2.0 2.5 Increasing L1 20.0 21.0 20.5 42 9.96328 78.04160 DEF 17 ABC- 06-05- NH00xx 2.5 3.0 Increasing L1 24.0 24.0 24.0 49 9.95385 78.05255 DEF 17 ABC- 06-05- NH00xx 3.0 3.5 Increasing L1 28.0 28.0 28.0 42 9.93102 78.05648 DEF 17 ABC- 06-05- NH00xx 3.5 4.5 Increasing L1 21.0 21.0 21.0 33 9.91229 78.04961 DEF 17 ABC- 06-05- NH00xx 4.5 5.0 Increasing L1 25.0 24.0 24.5 32 9.89041 78.03458 DEF 17 2.6 Falling Weight Deflectometer (FWD) The following table lists the fields which need to be populated for the ‘FWD’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065Field Description Example HYD-VIJ (Hyderabad- Section Code Code indicating starting and ending locations of section Vijayawada) Chainage Chainage of survey point (in km) 0.500 Direction of survey Increasing Direction • Increasing (chainage) • Decreasing (chainage) Number of the lane: L1, L2, R1, R2, etc., L1 being 1st lane on the L1 Lane Number left from centreline of carriageway, L2 being 2nd lane on the left from centerline and so on Air Temperature Air temperature recorded in °C 33 Surface Temperature Temperature of the pavement surface, recorded in °C 39.3 Peak Load Peak impulse load, measured in kN 45.7 Deflection0 Surface deflection at the test load center, measured in micron 246 Surface deflection at location 1 from the test load center, Deflection1 measured in micron 110 Distance1 Distance of location 1 from the test load center 300 Surface deflection at location 2 from the test load center, Deflection2 measured in micron 153 Distance2 Distance of location 2 from the test load center 600 Surface deflection at location 3 from the test load center, Deflection3 measured in micron 110 Distance3 Distance of location 3 from the test load center 900 Surface deflection at location 4 from the test load center, Deflection4 measured in micron 76 Distance4 Distance of location 4 from the test load center 1200 Surface deflection at location 5 from the test load center, Deflection5 measured in micron 59 Distance5 Distance of location 5 from the test load center 1500 Surface deflection at location 6 from the test load center, Deflection6 measured in micron 44 Distance6 Distance of location 6 from the test load center 1800 Surface deflection at location 7 from the test load center, Deflection7 measured in micron 35 Distance7 Distance of location 7 from the test load center 2100 Surface deflection at location 8 from the test load center, Deflection8 measured in micron 28 Distance8 Distance of location 8 from the test load center 2400 Elastic Modulus BituminousE1 Elastic modulus of bituminous layer, back calculated in MPa 3359 Elastic Modulus GranularE2 Elastic modulus of granular layer, backcalculated in MPa 396 Elastic Modulus Elastic modulus of subgrade, back calculated in MPa 90 SubGradeE3Field Description Example Corrected Elastic Corrected elastic modulus of bituminous layer in MPa 3424 Modulus BituminousE1 Corrected Elastic Modulus GranularE2 Corrected elastic modulus of granular layer in MPa 300 CorrectedElasticModul Corrected elastic modulus of subgrade in MPa 69 usSubGradeE3 Bituminous Layer Thickness of bituminous layer in mm 105 Base Layer Thickness of base layer in mm 230 GSB Layer Thickness of GSB layer in mm 200 Subgrade CBR CBR of subgrade 0.08 BituminousLayerCoeffic Layer coefficient of the bituminous layer ientA1 0.36 BaseLayerCoefficientA 2 Layer coefficient of the base layer 0.17 GranularBaseLayerCoe Layer coefficient of the GSB layer fficientA3 0.17 Structural Number Structural number of the pavement 3.86 Modified Structural Modified structural number including contribution from subgrade Number 4.85 Survey Date Date of survey in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference: Pe NH Lane Air Surface Sectio Chainag Directi a k Deflectio Deflectio Locatio Deflectio Numb Numb Temperatu Temperatu n Code e o n Loa n 0 n 1 n 1 n 2 e r e r r e r e d ABC- NH00xx 0.500 RHS R2 32.6 43.7 45.7 333 188 300 243 DEF ABC- NH00xx 1.000 LHS L1 29.9 32.6 45.4 317 163 300 217 DEF ABC- NH00xx 1.499 RHS R1 33.0 39.3 45.7 246 110 300 153 DEF ABC- NH00xx 2.000 LHS L2 28.7 32.4 46.0 293 130 300 187 DEF ABC- NH00xx 2.500 RHS R2 33.7 45.8 45.3 429 232 300 316 DEF ABC- NH00xx 3.000 LHS L1 29.0 33.0 45.7 343 204 300 252 DEF ABC- NH00xx 3.500 RHS R1 33.5 45.4 44.5 373 194 300 268 DEF ABC- NH00xx 4.010 LHS L2 28.9 33.5 45.0 348 201 300 254 DEF ABC- NH00xx 4.500 RHS R2 33.3 40.3 46.0 393 241 300 301 DEF (table continued…)Locatio Deflectio Locatio Deflectio Locatio Deflectio Locatio Deflectio Locatio Deflectio Locatio Deflectio n 2 n 3 n 3 n 4 n 4 n 5 n 5 n 6 n 6 n 7 n 7 n 8 600 180 900 128 1200 102 1500 75 1800 58 2100 42 600 158 900 104 1200 70 1500 48 1800 38 2100 28 600 110 900 76 1200 59 1500 44 1800 35 2100 28 600 126 900 81 1200 62 1500 44 1800 32 2100 23 600 227 900 152 1200 116 1500 86 1800 71 2100 58 600 196 900 144 1200 117 1500 85 1800 65 2100 48 600 187 900 118 1200 83 1500 47 1800 31 2100 22 600 198 900 135 1200 105 1500 64 1800 42 2100 26 600 231 900 162 1200 123 1500 82 1800 62 2100 46 (table continued…) Sub Loca ElasticMod ElasticMod ElasticMod CorrectedElasti CorrectedElast CorrectedElast Bitum Bas GS gra tionulusBitumi ulusGranul ulusSubGra c i i i eLa BLa de 8 nousE1 arE2 deE3 ModulusBitumi cModulusGran cModulusSubGr nousL yer yer CB n ousE1 ularE2 adeE3 ayer R 2400 6213 185 100 6447 135 78 105 230 200 0.08 2400 5356 195 100 5295 143 78 105 230 200 0.08 2400 3359 396 90 3424 300 69 105 230 200 0.08 2400 4830 226 100 4770 169 78 105 230 200 0.08 2400 4570 137 97 4781 93 75 105 230 200 0.08 2400 8454 135 100 8374 91 78 105 230 200 0.08 2400 4394 165 100 4590 117 78 105 230 200 0.08 2400 7817 139 96 7762 95 74 105 230 200 0.08 2400 7666 123 95 7847 81 73 105 230 200 0.08 (table continued…) Granular Base Modifie Bituminous Layer Base Layer Structura Survey Layer d Latitude Longitud Coefficient A1 CoefficientA2 l Date Coefficient A3 Structura e Number l Number 0.45 0.13 0.13 3.68 4.82 01-07-16 9.98897 78.02671 0.42 0.13 0.13 3.56 4.70 23-06-16 9.98444 78.02934 0.36 0.17 0.17 3.86 4.85 01-07-16 9.98341 78.03004 0.41 0.14 0.14 3.65 4.79 23-06-16 9.98107 78.03078 0.41 0.11 0.11 3.24 4.34 01-07-16 9.96328 78.04160 0.49 0.11 0.11 3.58 4.72 23-06-16 9.95385 78.05255 0.40 0.12 0.12 3.34 4.48 01-07-16 9.93102 78.05648 0.48 0.12 0.12 3.67 4.75 23-06-16 9.91229 78.04961 0.48 0.11 0.11 3.53 4.59 01-07-16 9.89041 78.03458 2.7 Falling Weight Deflectometer (FWD) RigidThe following table lists the fields which need to be populated for the ‘FWD Rigid’ attribute. The descriptions of the fields are given below. Field Description Example NH Number New National Highway number NH0065 HYD-VIJ (Hyderabad- Code indicating starting and ending locations of section Section Code Vijayawada) Chainage Chainage of the point (in km) 0.500 Direction of survey Increasing • Increasing (chainage) Direction • Decreasing (chainage) Lane Number Number of the lane: L1, L2, R1, R2, etc. L2 Air Temperature Air temperature recorded in °C 30.1 Surface Temperature Temperature of the pavement surface, recorded in °C 39.4 Peak Load Peak impulse load, measured in kN 103.7 Deflection1 Surface deflection at the test load center, measured in micron 140 Surface deflection at 300 mm from the test load center, measured Deflection2 in micron 121 Surface deflection at 600 mm from the test load center, measured Deflection3 in micron 108 Surface deflection at 900 mm from the test load center, measured Deflection4 in micron 101 Concrete Slab Thicknessh Thickness of concrete slab, measured in mm 300 Area of deflection basin, calculated from measured deflections, in Area of Deflection Basin cm2 761 Radius of Relative Stiffness Radius of relative stiffness, calculated in mm 823 NormalizedDeflectiond Normalized deflection at location 1, in mm 3.1 1 NormalizedDeflectiond 2 Normalized deflection at location 2, in mm 2.9 NormalizedDeflectiond Normalized deflection at location 3, in mm 2.4 3 NormalizedDeflectiond Normalized deflection at location 4, in mm 1.9 4 Modulus of Subgrade Modulus of subgrade reaction, measured in MPa/m 131 Reaction k Elastic Modulus of Elastic modulus of concrete, calculated in MPa 26118 Concrete Ec Cube Strength of Cube strength of concrete, calculated inMPa 27 Concrete fck Flexural strength of Flexural strength of concrete, calculated in MPa 3.7 concrete fmr Date Of Testing Date of testing in the format <DD-MM-YY> 06-05-17 Latitude Latitude of survey point 9.98897 Longitude Longitude of survey point 78.02671 A sample output is shown below for reference:Pea Concrete Sectio Chain Lan Air Surface Directi k Deflecti Deflecti Deflecti Deflecti Slab NH n - e Temperatu Temperatu o n Loa o n 1 o n 2 o n 3 o n 4 Thickness No Code -age No. r e r e d h NH00x ABC- 104. 0.0 LHS L2 29.0 34.9 167 143 130 119 300 x DEF 1 NH00x ABC- 104. 0.5 RHS R2 30.5 38.1 141 130 122 115 300 x DEF 4 NH00x ABC- 105. 1.0 LHS L1 30.0 35.6 147 111 100 91 300 x DEF 2 NH00x ABC- 102. 1.5 RHS R1 28.9 38.3 140 126 116 107 300 x DEF 4 NH00x ABC- 103. 2.0 LHS L2 30.1 39.4 140 121 108 101 300 x DEF 7 NH00x ABC- 104. 2.5 RHS R2 29.0 37.5 150 134 126 117 300 x DEF 6 NH00x ABC- 102. 3.0 LHS L1 30.6 38.9 124 109 104 92 300 x DEF 7 NH00x ABC- 105. 3.5 RHS R1 29.3 39.1 149 136 128 119 300 x DEF 9 NH00x ABC- 104. 4.5 RHS R2 30.3 41.0 138 127 121 114 300 x DEF 9 (table continued…) Modul Flexur Radius Elastic Cube Area of Normali Normali Normali Normali u s of a l Date of Modul Streng Deflect z ed z ed z ed z ed Subgra streng Of Latit Longit Relativ u s of t h of i on Deflecti Deflecti Deflecti Deflecti de t h of Testin u de u de e S Concre Concre Basin o n d1 o n d2 o n d3 on d4 Reacti concre g tiffnes te Ec te fck o n k te fmr s 25-06- 9.9889 78.0267 759 816 3 3 2 2 112 21590 19 3 16 7 1 28-06- 9.9844 78.0293 821 1214 3 3 3 2 62 58161 135 8 16 4 4 25-06- 9.9834 78.0300 684 580 3 3 2 1 246 12051 6 2 16 1 4 28-06- 9.9810 78.0307 796 1014 3 3 3 2 87 39783 63 6 16 7 8 25-06- 9.9632 78.0416 761 823 3 3 2 2 131 26118 27 4 16 8 0 28-06- 9.9538 78.0525 800 1040 3 3 3 2 79 39908 64 6 16 5 5 25-06- 9.9310 78.0564 789 971 3 3 3 2 107 41290 68 6 16 2 8 28-06- 9.9122 78.0496 814 1150 3 3 3 2 66 50086 100 7 16 9 1 28-06- 9.8904 78.0345 826 1257 3 3 3 2 59 64082 164 9 16 1 8RFP Document - RFP No./ xxxx Section VI-A: List of Key Experts and Required Qualifications: RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services (Ref ITC-clause 1.4) Note for Consultants: Regarding this Section, Consultants must fill following forms: a) Form T-6: Team Composition, Assignment, and Key Experts’ Inputs b) Annex to Form T-6: Key Expert Curriculum Vitae (CV) The total estimated inputs of the Key Experts and their breakup is given below:Enclosure-A MAN MONTHS INPUT FOR KEY PROFESSIONAL STAFF AUTHORITY ENGINEER Normal Highway Project (For projects with length 0-60 km) S. No. Key Personnel Man-month Man-month in in Defect Constructio Liability Period A: Key Personnel n Period of of 60 months 18 months Team Leader Cum Senior Highway Engineer 18 15 Resident cum Highway Engineer 18 60 Bridge/Structural Engineer 18 10 Senior Pavement Specialist 18 0 Senior Quality cum Material Expert 18 0 Contract specialist cum planning Engineer 5 3 Road Safety Expert 6 10 Sub Total 101 98 Total for Construction and Maintenance 199 B: Sub Professional Staff Survey Engineer 18 10 Assistant Highway Engineer (2 Nos) 2 x 18 1 X 60 CAD Expert 4 4 Environmental Engineer 4 0 Assistant Bridge Engineer 18 0 Assistant Quality cum Material Engineer (2 nos) 2 x 18 0 Electrical Engineer 4 3 HTMS/Toll Expert 2 0 Quantity Surveyor 18 8 Horticulture cum Landscaping Expert 6 18 Lab technician 2x18 0 Document/ Data entry Operator 18 0 Sub Total 200 103 Total for Construction and Maintenance 303 Sub Total 182 0 Total for Construction and Maintenance 72 Grand Total 574Note: 1. The other inputs like support staff shall be provided by the Consultant of an acceptable type commensurate with the roles and responsibilities of each position 2. In case of project having different construction period, Man Month Input shall be adjusted proportionately 3. The Financial Expert or Legal expert or any other expert as per project requirement may be required for the project for specific needs. Their deployment shall be arranged by the Consultant on specific requisition from the Authority and the payment shall be made as per the actual deployment. The Financial Expert or Legal expert or Contract Specialist shall be paid at the rates quoted for Senior Pavement Specialist. MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF AUTHORITY ENGINEER Normal Highway Project (For projects with length more than 60 km) S. No. Key Personnel Man-month in Man-month in Construction Defect Liability period of 24 Period of 60 A: Key Personnel months months Team Leader Cum Senior Highway Engineer 24 15 Resident cum Highway Engineer (2 nos) 2x24 1x60 Bridge/Structural Engineer 24 15 Senior Pavement Specialist 24 0 Senior Quality cum Material Expert 24 0 Contract Specialist cum planning Engineer 6 3 Road Safety Expert 8 15 Sub Total 158 108 Total for Construction and Maintenance 266 B: Sub Professional Staff Survey Engineer (3 nos) 3x24 1x10 Assistant Highway Engineer (3 nos) 3x24 1x60 CAD Expert 8 4 Environmental Engineer 6 0 Assistant Bridge Engineer (2 nos) 2 x 24 0 Assistant Quality cum Material Engineer (3 nos) 3 x 24 0 Electrical Engineer 4 3 HTMS/Toll Expert 3 0 Quantity Surveyor 24 8 Horticulture cum Landscaping Expert 8 28 Lab technician 4x24 0 Document/ Data Entry Operator 24 0 Sub Total 437 113 Total for Construction and Maintenance 550Total for Construction and Maintenance 406 Grand Total 783 912 Note: 1. The other inputs like support staff shall be provided by the Consultant of an acceptable type commensurate with the roles and responsibilities of each position 2. In case of project having different construction period, Man Month Input shall be adjusted proportionately 3. The Financial Expert or Legal expert or Contract Specialist may be required for the project for specific needs. Their deployment shall be arranged by the Consultant on specific requisition from the Authority and the payment shall be made as per the actual deployment. The Financial Expert or Legal expert or Contract Specialist shall be paid at the rates quoted for Senior Pavement Specialist.MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF AUTHORITY ENGINEER Standalone Bridge Project Man-month in S. No. Key Personnel Man-month in Defect Liability Construction period of A: Key Personnel Period of 60 36 months months 1. Team Leader Cum Senior Bridge 36 15 Engineer 2. Resident cum Pavement Specialist 36 60 3. Bridge/Structural Engineer 36 15 4. Senior Contract Specialist cum 10 0 Planning Engineer 5. Senior Quality cum Material Expert 36 0 6. Road Safety Expert 12 10 Sub Total 166 100 26 Total for Construction and 6 Maintenance B: Sub Professional Staff (To be decided by the Authority as per requirement of the Project at the time of preparation of RFP) (a) (b) (c) d) Lab technician 36 3 Sub Total a) b) c) Sub Total Total for Construction and Maintenance Grand Total Note: The number of key personnel may be modified as per the requirement with the approval of Competent Authority.MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF AUTHORITY ENGINEER Standalone Tunnel Project Man-month Man-month S. No. Key Personnel in Defect in Liability A: Key Personnel Constructio Period of 60 n period of months 60 months 1. Team Leader Cum Senior Tunnel Expert 60 15 2. Resident cum Excavation Specialist 60 60 3. Senior Geotechnical Expert 60 0 4. Tunnel Design Engineer 60 0 5. Tunnel Safety Expert 60 5 6. Contract Specialist cum planning Engineer 10 0 7. Senior Geologist 20 0 Sub Total 33 80 0 Total for Construction and Maintenance 41 0 B: Sub Professional Staff (To be decided by the Authority as per requirement of the Project at the time of preparation of RFP) Lab technician Sub Total (To be decided by the Authority as per requirement of the Project at the time of preparation of RFP) Total for Construction and Maintenance Grand Total Note: The number of key personnel may be modified as per the requirement with the approval of Competent Authority.Enclosure-B QUALIFICATION OF KEY PERSONNEL TEAM LEADER CUM SENIOR HIGHWAY ENGINEER This is the senior most position and the expert engaged as the team leader shall be responsible for reviewing the entire Project preparation and implementation activities of the Concessionaire. He shall check all the Designs being prepared by the Concessionaire, ensure execution of works on site as per specification and standards, and continuously interact with the <Agency> and the Concessionaire. He shall undertake Project site visits and shall guide, supervise, coordinate and monitor the work of other experts in his team as well as those of the Concessionaire. The candidate is required to be a Senior Highway Engineer, who should have a proven record of supervising, organising and managing of construction of highway projects and also of Project preparation of large magnitudes projects, as defined below, financed by international lending agencies and others. Knowledge of Project management shall be an added advantage. He should have the following qualification / experience. 1. Essential Qualifications. a) Graduate in Civil Engineering from recognized university. b) Total Professional Experience of at least 12 years in handling Highway Projects. c) At least 5 years experience as Team Leader/Project Manager or similar capacity in Highway Development Project. d) He should have handled as Team Leader/Project Manager or similar capacity of at least two projects in Construction Supervision / IC (of length 40% of project length or more of similar configuration (2/4/6 laning**) e) He should have handled as Team Leader or similar capacity of at least two Projects of project Preparation of major highway Project (of length 40% of project length or more of similar configuration (2/4/6 laning**). f) Experience as Team Leader/Project Manager or similar capacity in Operation and Maintenance of Major Highway Projects (of length 40% of project length or more of similar configuration (2/4/6 laning**). 2. Preferential Qualifications. a) Post Graduate Degree in Construction Management/Transportation/Highway Engineering//Structural Engineering/ any specialised stream of Civil Engineering. b) Highway Development Projects (of length 40% of project length or more of similar configuration (2/4/6 laning**) taken up under EPC. c) Degree/Diploma/Certificate in Project Management/Training programme in Highways Engineering from IAHE d) Note: (1) Similar Capacity includes the following positions i. On behalf of Consultant: Team Leader / Resident Engineer (Construction Supervision/IE/AE).ii. On behalf of Contractor : Project Manager (Construction/ Construction Supervision) iii. In Government Organizations : Superintending Engineer (or equivalent) and above (2) Only those projects will be considered for evaluation at Sl. No. 1(d), 1(e) & 1(f) above, where the input of the personnel is 12 months, 9 months and 12 months respectively. RESIDENT CUM HIGHWAY ENGINEER The Resident cum Highway Engineer shall be responsible for supervising the works of highway to be constructed by the Concessionaire for this project. He shall also inspect the pavement rehabilitation and repair works to be undertaken by the Concessionaire. He should have the following qualification / experience. 1. Essential Qualifications. a) Graduate in Civil Engineering from a recognized University. b) Professional Experience of at least 12 years in Highway Projects. c) At least 5 years experience in similar capacity in Highway Development Project. d) Should have handled at least 2 major projects(of length 40% of project length or more of similar configuration (2/4/6 laning**) and above). 2. Preferential Qualifications. a) Post Graduate Degree in Transportation/Highway Engineering/Structural Engineering/Geotechnical Engineering/any specialised stream of Civil Engineering. b) Attended Minimum 5 days training programme in field related to Design and supervision of Highways related topic from IAHE c) Experience of Highway Project (of length 40% of project length or more of similar configuration (2/4/6 laning**) and above) of Construction / Construction Supervision / IC of Highway projectsBRIDGE & STRUCTURAL ENGINEER The Bridge& Structural Engineer shall be responsible for checking the designs of bridges, ROBs, interchanges and any other structure to be constructed in the Project highway and supervising the works of bridges, interchanges and any other structure to be constructed by the Concessionaire for this project. He shall also inspect the bridge rehabilitation and repair works to be undertaken by the Concessionaire. He should have thorough understanding and experience with international `best practices’ of modern bridge construction technology. He should have the following qualification / experience. 1. Essential Qualifications. a) Graduate in Civil Engineering from a recognized University. b) Professional Experience of at least 10 years in handling Highway/Bridge projects. c) At least 5 years experience in Construction / Construction Supervision of bridge /Interchange / any other structures. d) Experience in similar capacity in supervision of at least 2 Major Highway Bridges. e) Experience in supervision of Rehabilitation and repair of 2 nos Major Bridges. 2. Preferential Qualifications. a) Post Graduate Degree in Structural Engineering. b) He should have thorough understanding and experience of modern bridge construction technology. viz., Precast Segmental, Balanced Cantilever Construction, Extradosed Bridge, Full Span Launching, Incremental Launching. c) Attended 3 days residential training programme on Collapse/failure of bridges/structures. SENIOR PAVEMENT SPECIALIST The expert shall be continuously interacting with the Concessionaire, for the review of highway designs and drawings using sophisticated computer software and also construction and O&M works and to ensure life cycle cost effectiveness and viable design of pavement including appropriate rehabilitation / strengthening of the existing two lane pavement which is significantly distressed. He shall also be responsible for ensuring complete adherence to maintenance standards during Construction and Operation period. Thus, the position requires a pavement specialist with thorough knowledge and understanding of international ‘best practices’ in the field of Design, Construction and maintenance of flexible/rigid type of pavements including latest Codal stipulations and specifications. He should have the following qualification / experience. 1. Essential Qualifications. a) Graduate in Civil Engineering from a recognized University. b) Professional Experience of at least 10 years in Pavement Design / Pavement Construction / Pavement Maintenance of Highways / Roads / Airfield Runways c) Experience of at least 5 years in similar capacity in Construction / Construction Supervision of 2/4/6 laning** of major highway projects. d) Experience as Pavement / Geotechnical Engineer in Construction/Construction Supervision of at least 2 major highway projects (of length 40% of project length or more of similar configuration (2/4/6 laning**) and above). 2. Preferential Qualifications. a) Post Graduate Degree in Highway Engineering / Pavement Engineering /Transportation Engineering b) Experience as a Pavement Specialist/Pavement Engineer in Highway project(of length 40% of project length or more of similar configuration (2/4/6 laning**) and above). c) Attended residential training programme related to pavement/highway design design from IAHESENIOR QUALITY/MATERIAL EXPERT The Quality/Material Expert shall review the test results of bore holes, quarry and borrow area material to find out their strength characteristics and suitability for using them in construction. He shall inspect the Concessionaire’s field laboratories to ensure that they are adequately equipped and capable of performing all the specified testing requirements of the contract. He shall look into the quality assurance aspect of the construction works and supervise the setting-up of the various Concessionaire’s rock crushers and bituminous mixing plants to ensure that the specified requirements for such equipment are fully met. Experience in latest Quality Management techniques in highway projects shall have added advantage. He should have the following qualification / experience. 1. Essential Qualifications. a) Graduate in Civil Engineering from a recognized University. b) Professional Experience of at least 10 years in handling Highway projects. c) Experience of at least 5 years as Senior Quality/ Material Expert or in similar capacity in Construction / Construction Supervision /major highway projects d) Experience as Senior Quality/ Material Expert or in similar capacity in handling of at least 2 similar highway projects.(of length 40% of project length or more of similar configuration (2/4/6 laning**) and above) 2. Preferential Qualifications. a) Post Graduate Degree in Geotechnical Engineering / Foundation Engineering / Soil Mechanics. b) Trained in 16 days material testing process course imparted by Indian Academy of Highway Engineers or CRRIROAD SAFETY EXPERT Shall be responsible for the overall Road Safety Aspect of the Project. He shall ensure that safety provisions as per relevant codes are strictly followed at site during Construction of Road and also during the Maintenance Period 1. Essential Qualifications. a) Graduate in Civil Engineering from a recognized University. b) Professional Experience of at least 10 years in handling Highway projects. c) Minimum 5 years experience in Road Safety works of Major Highway Projects (4 / 6 laning projects) d) Experience in similar capacity in Road Safety Audit of at least 2 nos. 2/4/6 lane** highway / expressway project including 1 nos. at design stage e) Experience in similar capacity in the field of Road Safety Management Plan. 2. Preferential Qualifications a) Post Graduate Degree in Traffic Transportation/Safety Engineering. b) Experience in similar capacity in identification and improvement of black spots on Major Highway Project. c) Experience in similar capacity in Preparation of Road Safety Management Plan for inter urban Highways. d) 15 days Certificate course on Road Safety Audit from IAHE/CRRITEAM LEADER CUM SENIOR BRIDGE ENGINEER This is the senior most position and the expert engaged as the team leader shall be responsible for reviewing the entire Project preparation and implementation activities of the contractor. He shall check all the Designs/Drawings/Plan & Profile being prepared by the Concessionaire for pavement as well as structures with assistance of other experts in the team. He shall ensure execution of works on site as per specification and standards with all adequate safety measures for workmen, machinery and road users, and continuously interact with the NHAI and the Concessionaire. He shall continuously keep a track of the physical & Financial progress of the work, available work front, pending permissions, identify anticipated bottlenecks in timely completion of the project in time, and update the program schedule on MS Project or Prima Vera or any other project scheduling software on regular intervals. He shall be responsible for uploading all requisite details, as may be required from time to time, on Datalake portal of Ministry/NHAI/NHIDCL. He shall examine and submit his recommendations, with the assistance of his team at site as well as authorized representative of AE/IE, on all the EOT, Change of Scope & Force Majeure proposals & any Disputes that arise during execution/O&M phase submitted by the Contractor/Concessionaire. He shall be responsible to ensure that there is no loss to Authority on account of misrepresentation of facts/reports/invoices/poor construction quality etc. He shall undertake Project site visits and shall guide, supervise, coordinate and monitor the work of other experts in his team as well as those of the Contractor/Concessionaire. He shall track the mobilisation of resources done by the Contractor/Concessionaire on monthly basis and report the same to Authority as well Contractor/Concessionaire. Any delay in approvals/recommendations from the Authority Engineer shall be attributable to the Team Leader/AE/IE, as the case may be. The candidate is required to be a team leader/Senior Highway Engineer, who should have a proven record of supervising, organising and managing of construction of highway projects and also of Project preparation of large magnitudes projects, as defined below, financed by international lending agencies and others. Knowledge of Project management shall be an added advantage. He should have the following qualification / experience. 1. Essential Qualifications. a) Graduate in Civil Engineering from recognized university. b) Total Professional Experience of at least 12 years in handling Bridge Projects. c) At least 5 years experience as Team Leader/Project Manager or similar capacity in Highway Development Project. d) He should have handled as Team Leader/Project Manager or similar capacity of at least two projects in Construction Supervision / IC (of length 40% of project length or more of similar configuration (2/4/6 laning**) e) He should have handled as Team Leader or similar capacity of at least Two projects in Construction Supervision / AE/ IE/ Project preparation involving at least one Major Bridge (minimum 300 m length without approaches) in the Project (of length 40% of project length or more of similar configuration (2/4/6 laning**) f) Experience as Team Leader/Project Manager or similar capacity in Operation and Maintenance of Major Bridge (minimum 300 m length without approaches) in theProject (of length 40% of project length or more of similar configuration (2/4/6 laning**). 2. Preferential Qualifications. a) Post Graduate Degree in Structural Engineering or equivalent. b) Highway Development Projects (of length 40% of project length or more of similar configuration (2/4/6 laning**). c) Degree/Diploma/Certificate in Project Management d) Residential training programme on Collapse/failure of bridges/structures. e) Note: (1) Similar Capacity includes the following positions i. On behalf of Consultant: Team Leader / Resident Engineer (Construction Supervision/IE/AE). ii. On behalf of Contractor : Project Manager (Construction/ Construction Supervision) In Government Organizations : Superintending Engineer (or equivalent) and above iii. (2) Only those projects will be considered for evaluation at Sl. No. 1(d), 1(e) & 1(f) above, where the input of the personnel is 12 months, 9 months and 12 months respectively.TEAM LEADER CUM SENIOR TUNNEL ENGINEER Duties: The Team Leader will reside at project site throughout the period of construction supervision services. He will be overall in-charge of the project supervision of the construction package. He shall act as representative of the consulting firm appointed by the Authority. His duties will involve overall superintendence over the Resident Engineers and other experts of the construction package. He will guide, monitor, supervise and control all the activities related to supervision for the construction package. He will interact with the Project Director/ General Manager and the other officials of the Authority. He should have the following qualification / experience. (1) Essential Qualifications. a) Graduate in Civil/Mining Engineering or equivalent from a recognized university. b) Total professional experience of at least20 years c) Professional Experience of at least 15 years in handling major tunnelling projects d) He should be involved in at least 10 years in construction/construction supervision of major Road/ Rail/ Metro tunnel projects e) At least 5 years’ experience as Team Leader/Resident Engineer/Project Manager or similar capacity in supervision of transportation tunnel projects of length equal to or more than 4 km f) He should have handled as Team Leader or similar capacity of at least two projects in Construction Supervision of transportation tunnels equal to more than 4 Km length g) Not more than 65 years of age. (2) Preferential Qualifications. a) Post Graduate or chartered engineer in Mining Engineering/ Geotechnical Engineering/ Structural Engineering/ Rock Mechanics or equivalent. b) Project preparation/ design experience of transportation Tunnel projects c) at least one training course preferably in relevant field in past two years from IAHE d) Note: (1) Similar Capacity includes the following positions i) On behalf of Consultant: Team Leader / Resident Engineer/Professional Engineer/Charted Engineer (Construction Supervision/IE/AE). ii) On behalf of Contractor : Project Manager/ Professional Engineer/Charted Engineer (Construction/ Construction Supervision) iii) In Government Organizations : Superintending Engineer (or equivalent) and above (2) Only those projects will be considered for evaluation at Sr. no 1(d), 1(e) and 1(f) where the input of the personnel is at least of one year. (3) Unless otherwise mentioned specifically, tunnel projects of length > 1.5km shall be considered as major tunnel projects.RESIDENT ENGINEER CUM TUNNEL EXCAVATION EXPERT Duties: He shall oversee construction supervision of the project stretch and shall coordinate with all other experts of the project and shall report to the Team Leader. He shall be directly responsible for regulating the construction process. He shall be assisted by Tunnel Engineers, Tunnel Lining Experts and Tunnel ventilation Expert and other support engineers/personnel. He shall deal directly with the tunnel engineers/experts and other support staff attached with the Team Leader to ensure that the construction process is well controlled as per established specification controls to avoid later quality control stage problems. Expert shall be responsible for checking and verifying the excavation plan and methodology submitted by the Contractor. He shall monitor the tunnel excavation activities including blasting. He shall also monitor the tunnel lining activities including installation of water proofing layers. He will be required to be fielded throughout the Currency of the project. The candidate is expected to be thoroughly familiar with various standard/specifications, contract procedures, Primavera or other project management software, design and quality control etc. In addition he will be responsible for tunnel works during Operation & Maintenance period of the project. He should have the following qualification / experience. (1) Essential Qualifications. a) Graduate in Civil/Mining Engineering from a recognized University. b) Total Professional Experience of at least 15 years c) He should have at least 10 years’ experience in similar capacity for major tunnel projects d) At least 7 years’ experience in construction supervision of major transportation tunnel construction projects e) Should have handled construction/construction supervision of at least 2 transportation Tunnel projects of length equal or more than 4 km f) Experience in tunnel design/ DPR preparation/ feasibility study/ design review of transportation Tunnel projects of length equal or more than 4 km g) Not more than 65 years of age. (2) Preferential Qualifications. a) Post Graduate or chartered engineer in civil/mining b) at least one training course preferably in relevant field in past two years from IAHE c) Note: (1) Unless otherwise mentioned specifically, tunnel projects of length > 1.5km shall be considered as major tunnel projects.TUNNEL DESIGN ENGINEER Duties: The Tunnel Design Engineer shall be responsible for checking the designs of tunnel/design review and other incidental works to be constructed in the Project using sophisticated computer software. He shall be responsible for Detailed Design Calculation and drawing for tunnels. He shall be responsible for comprehensive assessment of structural condition of all the tunnel assets. His expertise shall include computer aided design methods for Tunnel Engineering with particular reference to Tunnel design. He should have the following qualification / experience. 2) Essential Qualifications. a) Graduate in Civil Engineering from a recognized University. b) Professional Experience of at least 20 years c) Experience of at least 12 years in major tunnel projects d) Experience in tunnel design (Road/ Rail/ Metro) of at least 12 years e) Experience in similar capacity in construction/construction supervision of 2 transportation tunnel projects of length at least equal to 4 Km each f) Experience in similar capacity in design of at least 3 transportation tunnel projects of length at least equal to 4 Km each g) Not more than 65 years of age. 3) Preferential Qualifications. a) Post Graduate in Engineering in structural engineering b) Innovative transport tunnel design (road/ Rail/ Metro) such as immersed tunnel and sub-sea bored tunnel c) at least one training course preferably in relevant field in past two years from IAHE Note: (1) Unless otherwise mentioned specifically, tunnel projects of length > 1.5km shall be considered as major tunnel projects.SENIOR GEO-TECHNICAL EXPERT Duties: He will be responsible for supervising all the tests to be done in different stages of construction, besides ensuring that specified tests are done as per codal stipulations and as per the specifications laid down in the contract for all the different stages of construction. The Senior Geotechnical Engineer shall be responsible for checking and verifying the Specifications for Geotechnical investigations and the geotechnical details submitted by the Contractor. He shall assist the Team Leader & Tunnel Design Engineer in design of tunnel. He shall monitor the tunnel excavation activities including blasting He should have the following qualification / experience. (1) Essential Qualifications. a) Graduate in Civil Engineering/masters in engineering geology or equivalent from a recognized University. (2) Professional Experience of at least 20 years (3) Experience of at least 10 years in Construction / Construction Supervision of transportation tunnel projects in developed countries (4) Experience as Geotechnical Engineer in Construction/Construction Supervision of at least 4 transportation Tunnel projects of length equal to or more than 4 Km (5) Specific experience in construction of tunnel projects involving vertical shaft sinking of at least 200 meter of vertical depth (6) Experience in similar capacity in project preparation of at least 2 transportation tunnel projects each of minimum 4 Km in length (7) Not more than 65 years of age. (8) Preferential Qualifications. a) Post Graduate in Rock Mechanics/ Foundation Engineering/ Tunnel Engineering b) at least one training course preferably in relevant field in past two years from IAHE c) Note: (1) Unless otherwise mentioned specifically, tunnel projects of length > 1.5km shall be considered as major tunnel projects.TUNNEL SAFETY EXPERT Duties: The Tunnel Safety Expert shall be responsible for checking and verifying the Safety Plan prepared by the Contractor. He will also ensure effective implementation of the Safety Plan, undertake safety audits during Construction, Operation and Maintenance of the Tunnel. (1) Essential Qualifications. a) Post Graduate in Civil/Mining Engineering from recognized university. b) Total Professional Experience of at least 20 years c) Experience of at least 7 years in transportation tunnel safety management in developed countries d) At least 10 years’ experience in transportation tunnel safety works e) Experience in similar capacity of tunnel safety audits during construction stage of at least 2 transportation tunnel projects each of which should be minimum 4 km in length f) Not more than 65 years of age. (2) Preferential Qualifications. a) Any professional Certification from a recognized/statutory body in safety/health/shot firer/ Explosives. b) at least one training course preferably in relevant field in past two years from IAHE c) Note: (1) Unless otherwise mentioned specifically, tunnel projects of length > 1.5km shall be considered as major tunnel projects.SENIOR GEOLOGIST Duties: The Senior Geologist shall be responsible for checking and verifying the geological details submitted by the Contractor. He shall assist Team Leader & Tunnel Design Engineer in design of Tunnel. He shall monitor the tunnel excavation activities including blasting. The candidate should have exposure of working in Himalayan region and good understanding of rock and soil mechanics. He should have experience of tunnel works with appropriate design software. The candidate should be a Post Graduate in Geology preferably with exposure in Himalayan region. He should have a minimum 20 years of professional experience of geological works, out of which 5years should be in similar capacity for tunnelling design/ construction projects in the Himalayan region. (1) Essential Qualifications. a) Masters in Geology/Applied Geology from recognized university. b) Total Professional Experience of at least 20years c) At least 7years experience in similar capacity in construction/construction supervision of transportation tunnel projects d) Experience of 5 years of construction/construction supervision of major transportation tunnel projects in the Himalayan region using NATM technology e) He should have handled at least 2 highway tunnel projects of construction/construction supervision in similar capacity of 4 Km length each f) Not more than 65 years of age (2) Preferential Qualifications. a) He should have handled at least 2 major transportation tunnel projects in similar capacity in project preparation/DPR. b) Training/ certificate course in relevant field from an institute of Repute. Note: (1) Unless otherwise mentioned specifically, tunnel projects of length > 1.5km shall be considered as major tunnel projects. CONTRACT cum Planning Engineer Duties: He will be deployed in working season in stages for cumulative duration of period mentioned in Enclosure-A for obtaining his expert opinion on emerging contractual issues and review the project planning. His key responsibilities will be to guide and assist Team Leader/Employer in all aspects of contract management and project planning in proper implementation of contract provisions including controlling the project cost of the construction package. He will also be required to offer his advice on contractual complications arising during the implementation as per the request of the employer. He will be required to prepare manuals/schedules for the consultants team/employer based on the provisions of the contract document. He will be responsible for giving appropriate suggestions in handling claims of the contractors and any dispute arising thereof.(1) Essential Qualifications. a) Graduate in Civil Engineering from a recognized University. b) Professional Experience of 15 years in Contract Management/ planning Engineer. c) Experience of at least 4 years as Contract Specialist /planning Engineeron any National/State Highway project/Bridge Project. d) Contract Manager and planning Engineer of a large Highway/Bridge contract say over Rs.150 crore including experience of handling Variation orders, claims of the contractor and there appropriate disposal for at least 2 projects. e) Handled at least one Arbitration cases in respect of any Highway/Bridge projects. f) Not more than 65 years of age. (2) Preferential Qualifications. (a) Degree in Law/PG in management/certificate course in management/ certificate course in construction management/certificate course in contract management. (b) Training/ certificate course in relevant field from an institute of Repute. (c) Certificate in MS Road/ MS Project/ PrimaveraRESIDENT CUM PAVEMENT SPECIALIST The expert shall be continuously interacting with the Concessionaire, for the review of highway designs and drawings using sophisticated computer software and also construction and O&M works and to ensure life cycle cost effectiveness and viable design of pavement including appropriate rehabilitation / strengthening of the existing pavement. He shall also be responsible for ensuring complete adherence to maintenance standards during Construction and Operation period. Thus, the position requires a pavement specialist with thorough knowledge and understanding of international ‘best practices’ in the field of Design, Construction and maintenance of flexible/rigid type of pavements including latest Codal stipulations and specifications. He should have the following qualification / experience. 3. Essential Qualifications. a) Graduate in Civil Engineering from a recognized University. b) Professional Experience of at least 12 years c) Experience of at least 5 years in similar capacity in Construction / Construction Supervision of 2/4/6 laning** of major highway projects. d) Experience in similr capacity in handling at least 2 major highway projects (of length 40% of project length or more of similar configuration (2/4/6 laning**) and above). 4. Preferential Qualifications. a) Post Graduate Degree in Highway Engineering/ Geotechnical Engineering/ Transportation Engineering/ Structural Engineering b) Experience in similar capacity in Highway project construction/ construction supervision on EPC mode (of length 40% of project length or more of similar configuration (2/4/6 laning**) and above). c) at least one training course preferably in relevant field in past two years from IAHESUB PROFESSIONAL SURVEY ENGINEER The candidate should be Graduate in Civil Engineering at least 5 years experience or diploma in civil Engineering with 10 years experience in the field of surveying in highway projects and they should have also dealt with at least 2 project of similar nature. This position requires thorough understanding of modern computer based method of surveying with total station digital level etc. ASSISTANT HIGHWAY ENGINEER The Candidate should be Graduate in Civil Engineering with minimum 5 year experience or diploma in Civil Engineering with 10 years experience in highway Projects. He should have dealt with atleast 2 project of similar nature. CAD EXPERT He should be Graduate in Civil Engineering/Computer Science having experience 3 year experience in computer related design method for highway engineering. ENVIRONMENTAL ENGINEER The Candidate should be Graduate in Civil Engineering/Environmental Engineering or other relevant qualification. He should have at least 6 years experience out of which 2 years in highway projects. He should have good knowledge of MOEF guidelines/requirements for mitigation measures. ASSISTANT BRIDGE ENGINEER The Candidate should be Graduate in Civil Engineering with minimum 5 year experience or diploma in civil Engineering with 10 years experience in highway Projects. He should have handled at least 2 major bridge project. ASSISTANT QUALITY CUM MATERIAL ENGINEER The Candidate should be Graduate in Civil Engineering with minimum 5 year experience or diploma in civil Engineering with 10 years experience in highway Projects. He should have handled at least 2 project. ELECTRICAL ENGINEER The Candidate should be Graduate in Electrical Engineering from recognised institute. He should have at least 5 years experience. HTMS/TOLLING SYSTEM EXPERT The candidate should be a Systems Engineer having experience of at least 5 Years.He should be well versed either in preparation of standards or in implementation of projects of electronic toll collection and ATMS/ITS/HTMS. He should have bachelor’s degree in Electronics/Computer Science/IT. He should have knowledge of international latest practices in the field of electronic toll collection (ETC) and ATMS/ITS/HTMS. He should have work experience of either design or implementation on at least 1 ATMS/ITS/HTMS project and at least 1 ETC project in similar capacity. QUANTITY SURVEYOR He should be Graduate or equivalent in Civil Engineering having Min. 5 years of professional experience or diploma in civil Engineering with 10 years experience in preparation of highway project estimates. He should have Min. 3 years experience in Preparation of Bill of Quantities/estimates for major highway projects costing Rs.300 Crore or above. HORTICULTURE CUM LANDSCAPING SPECIALIST He should be a Graduate in Agriculture with specialization in Horticulture/Arboriculture having minimum 5 year of field experience in Horticulture/Arboriculture and landscaping. He should have minimum 5 years field experience. Lab Technician: - Graduate in Civil Engineering with one year experience or Diploma in Civil Engineering or B.Sc. with 3 year experience.Section VII: Evaluation/ Scoring Criteria RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services (Ref ITC-clause 1.4) Consultants must fill up the following Forms regarding this Section: a) Form T-2: Consultant’s Organisation and Experience b) Form T-2A Technical Capacity c) Form T-3: Comments and Suggestions on Terms of Reference, Counterpart Staff, and Inputs to be Provided by the Procuring Entity d) Form T-4: Description of Approach, Methodology and Work Plan in Responding to the Terms of Reference e) Form T-5: Work Schedule and Planning for Deliverables f) Form T-6: Team Composition, Assignment, and Key Experts’ Inputs g) Annex to Form T-6: Key Experts’ Curriculum Vitae (CV) The eligibity and evaluation criteria shall be as follows as given in this section below:- • The points assigned to Technical Evaluation criteria are: S. Descriptio Marks No. n 1 Relevant experience for the assignment 25 2 Rating of the Firm 40 2 Experience in use of technology for road inspection 10 4 Qualifications and competence of the key staff for the assignment 25 Total 100 1. Sub criteria for Relevant Experience of the firm for the assignment Average Annual Turnover (last 3 years) from consultancy business of civil Engineering 5 Projects (Min 3% of the EPC of Project for which AE has been invited) No of Highway Professionals with the Firm 5 Experience as Independent Engineer/Authority Engineer/Construction Supervision in Number of 7 Highway Projects of length equal to project length for which AE bids are invited of similar category for which RFP invited of 2/ 4/6**-laning or more in last 7 years* Experience in DPR preparation for Number of Highway Projects (of length equal to project length 3 of similar category for which RFP invited of 2/4/6**-laning or more) in last 7 years * In hand DPRs for Authority (Ministry /NHAI/NHIDCL-As applicable) Projects (presently 10 under progress) Experience in Construction Supervision as AE/IE/PMC of Major structures having length of more 3 than 500 meter in last 7 years. Experience preparation of DPR of Major structures having length of more than 500 meter in 2 last 7 years. Additional requirement in case of specialized projects*** ** ** Consultants should give details of the experience of the firm considering the completed and the on-going highway assignments, separately for PPP and non-PPP Projects along with experience certificates from clients. This list of the completed works should also include those assignments which are substantially (90% of Contract value) completed. No Qualification/Experience etc. shall be considered without proof of experience. Experience of Authority’s Engineer for having offered consultancy services to a private organization shall not be considered as relevant experience for current assignment. ** Similar projects means 2/4/6 lane as applicable for the project for which RFP is invited. For 2-lane projects experience of 4/6 lane also to be considered with a multiplication factor of 1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2 lane will be considered with a multiplication factor of 0.4, but only for those 2 lane projects whose cost of consultancy services was more than Rs.3.0 crores. *** In case the project includes any specialized nature of work such as tunnels, specialized structures etc. in substantial quantum, this requirement/Marks may be included by suitably adjusting marks of other attributes. In case of JV the turnover and experience details of Lead and JV Employer’s certificate should be submitted substantiating the experience claimed by the firm. 2. Sub- Criteria for assessment of rating of the Firm S. Rating of the Marks No lead Partner 1. A- Grade firm 40 2. B- Grade Firm 30 3. C- Grade Firm 20 4. D- Grade firm 10 5. Unrated firm 5 For evaluation purpose Rating of the firm published by NHAI shall be considered. 3. Sub criteria for Ownership of technology/ Equipment for road inspection Sr. Maximu Description Sub- No. m Points PointsOwnership of Network Survey vehicle technology for 1 2.0 pavement inspection Ownership of Mobile Quality Control Unit having Soil 2. 3.0 Testing, Asphat Testing, Concrete testing, Aggregate Testing and pavement testing equipment onboard along with sufficient IT and communication systems Ownership of NABL Acerbated Lab by the firm 3. 1.5 Ownership of Mobile Bridge Inspection Unit or better 4. 1.5 technology for bridge inspection Ownership of Falling Weight Reflectometer (FWD) or 5. 1.0 better technology for pavement strength measurement 6. Ownership of Retro reflectometer technology 1.0 Total 10 Note: A. The Authority’s Engineer owning the equipment’s shall be required to submit proof of ownership. B. The experience of the JV firms in use of technology shall also be counted in the evaluation. The experience of firm or JV firm in NSV or equivalent technology, FWD or equivalent technology, MBIU or equivalent technology and Retro reflectometer or equivalent technology shall be supported by experience certificate. The experience of a firm/ JV firm for a private concessionaire/ contractor (client) shall be considered certificate by the Govt Department. Any false certification shall attract penel provisions as per contract 4. Qualification and competence of following professional/sub-professional staff for the assignment shall be evaluated. The weightage for various key staff are as under:- Normal Highway Project: S. No Staff Marks. Position 1 Team Leader Cum Senior Highway Engineer 7 2 Resident cum Highway Engineer 4 3 Bridge/Structural Engineer 3 4 Pavement Specialist 3 5 Quality cum Material Expert 3 6 Contract Specialist cum Planning Engineer 2 7 Road safety Expert 3 Total 25 Standalone Bridge Project: S. No Staff Marks. Position 1 Team Leader Cum Senior Bridge Engineer 7 2 Resident cum Pavement Specialist 4 3 Bridge/Structural Engineer 4 4 Contract Specialist 2 5 Road Safety Expert 36 Planning Engineer 2 7 Quality cum Material Expert 3 Total 25 Standalone Tunnel Project: S. No Staff Marks. Position 1 Team Leader Cum Senior Tunnel Expert 7 2 Resident Engineer cum Excavation Specialist 4 3 Geotechnical Expert 4 4 Tunnel Design Engineer 3 5 Tunnel Safety Expert 3 6 Geologist 2 7 Contract Specialist cum Planning Engineer 2 Total 25 Sub criteria for qualification of Key Personnel (i.e. Professional staff) General qualifications 25 Adequacy for the project 70 Employment with firm 5 Total 100 The technical proposal should score at least 75 points to be considered responsive for financial evaluation. v) Detailed evaluation criteria which is to be used for evaluation of technical bids is as indicated below as Appendix-EC. vi) The Authority’s Engineer should carryout self-evaluation based on the evaluation criteria at Appendix-EC. While submitting the self-evaluation along with bid, Authority’s Engineer shall make references to the documents which has been relied upon in his self-evaluation. vii) Detailed/complete technical evaluation of a bidder shall be made available to that bidder only giving opportunity to the bidder to respond within 7 days in case they have any objection on their evaluation. viii) The single currency for price conversion is INR. For evaluation of bid proposals, the foreign currency conversation rate of 1US Dollar = Rs. And 1 Euro = Rs. – shall be used. ix) The weightage given to technical proposal is 60%.The weightage to the Performance Security Quoted by bidder shall be 20% and The weightage given to financial quote is 20%. Remarks: Based on experience and the Consulting Industry’s Capacity, Project specific requirement etc., <Agency> may modify the above criteria for Selection of AE.Appendix-EC 1. Evaluation Criteria for Assessment of Experience of the Firm. Reference/Details Marks self- Max. S. No. Descriptio of projects Claimed assessed Marks n for self- by the assessment bidder 1 Average Annual Turnover (last 3 years) from 5 consultancy business of civil Engineering Projects < 3% of TPC – 0 marks 3% of TPC – 3.0 marks Add for additional turnover 0.50 (Zero point five) marks for every 1% of TPC above 3% of TPC subject to maximum 2.0 marks. 2. Nos of Highways Professional with Firm 5 2.1 <10 0 2.2 10-20 3 2.3 >20 but ≤30 4 2.5 >30 5 *The pr ofessionals who possess degree in Civil Engineering/Transport Planning /Transport Economics/Traffic Management / Geology/ Environment Science or Engineering and 8 years experience in highway/bridge /tunnel with employment in the firm for more than one year. The current Employment Certificate shall be uploaded by Key Personnel on INFRACON. 3. Experience as Independent 7 Engineer/Authority Engineer/Construction Supervision in Number of Highway Projects of length equal to project length for which AE bids are invited of similar category for which RFP invited of 2/ 4/6**-laning or more in last 7 years* 1 project – 3 marks Add 0.5(one) mark extra for completed assignment of Authority Engineer/Independent Engineer and add 0.25 (Zero point five) marks extra for completed assignment of supervision consultancy subject to maximum 4 (Four) 4. Experience in DPR preparation for Number of Highway 3 Projects (of length 40% of project length of similar category for which RFP invited of 2/4/6**-laning or more) in last 7 years * 2 project – 2 marks Add 0.5 (Zero point five) marks extra for each additional project subject to maximum 1 mark.5 Experience in Construction Supervision as AE/IE/PMC 3 of Major structures having length of more than 500 meter in last 7 years. 2 project – 1.0 marks Add 0.5 (Zero point five) marks extra for each additional project subject to maximum 2.0 marks 6 Experience in Preparation of DPR of Major structures 2 having length of more than 500 meter in last 7 years. 2 project – 1.0 marks Add 0. 5 (Zero point twofive) marks extra for each additional project subject to maximum 1.0 marks 7 Additional requirement in case of specialized *** projects*** Note 1: In case of JV the turnover and experience details of Lead and JV partners to be added. Note 2: Employer’s certificate/ certificate from Statutory Auditor should be submitted substantiating the experience/turnover claimed by the firm. Note 3: ** For 4/6 laning projects, experience of 2 lane will be considered with a multiplication factor of 0.4, but only for those 2 lane projects whose cost of consultancy services was more than Rs.3.0 crores. *** In case the project includes any specialized nature of work such as tunnels, specialized structures etc. in substantial quantum, this requirement/Marks may be included by suitably adjusting marks of other attributes. 1A. Evaluation Criteria for assessment of rating of the Lead Firm S. Rating of the Marks No lead Partner 1. A- Grade firm 40 2. B- Grade Firm 30 3. C- Grade Firm 20 4. D- Grade firm 10 5. Unrated firm 5 For evaluation purpose Rating of the firm published by NHAI shall be considered. 2. Evaluation Criteria for assessment of experience in use of technology for road inspection Sr. Maximu Referenc Marks Description No. m e/Details self- Points of assessedprojects by the Claimed bidder for self- assessme nt Ownership of Network Survey vehicle 1 2.0 technology for pavement inspection Ownership of Mobile Quality Control Unit 2. 3.0 having Soil Testing, Asphat Testing, Concrete testing, Aggregate Testing and pavement testing equipment onboard along with sufficient IT and communication systems Ownership of NABL Acerbated Lab by the firm 3. 1.5 Ownership of Mobile Bridge Inspection Unit or 4. 1.5 better technology for bridge inspection Ownership of Falling Weight Reflectometer 5. 1.0 (FWD) or better technology for pavement strength measurement 6. Ownership of Retro reflectometer technology 1.0 Total 10 Notes: (i) The Consultants owning the equipment shall be required to submit proof of ownership. 3 Evaluation Criteria for assessment of score of Key Staff for adequacy of the Assignment. 3.1 Team Leader cum Senior Highway Engineer Reference/Details Marks self- Max. S. No. Description of projects Claimed assessed by Points for self- the bidder assessment 1 General Qualification 25 i) Graduate in Civil Engineering 17 ii) Post-Graduation in Management/ 03 Construction/ Transportation/Highway Engineering/Structural Engineering or equivalent specialized stream of civil engineering iii) Minimum 15 days training course from 03 IAHE/CRRI / Govt institute in any filed related to Highway developmentiv) Essential Software 2 Experience- (MS Roads/ Projects, Prima Vera or other relevant software ) 2 Adequacy for the Project 70 a) Professional Experience in Highway Projects: i) Total Professional Experience in handling 15 Highway projects < 12 years -0 15 years -8 marks Add 1 mark extra for each additional year of experience subject to maximum 7 (seven) marks. ii) Experience as Team Leader or similar capacity in 15 Highway Development Projects (similar configuration (2/4/6 laning**) and above) < 5 years -0 5 years -11 marks Add 1 marks extra for each additional year of experience subject to maximum 4 (four) marks. iii) Experience as Team Leader or similar capacity in 5 Highway Development projects (of length equal to project length or more of similar configuration (2/4/6 laning**) and above) on EPC 1 project -3 marks add 1 mark extra for additional projects subject to maximum2 (two) mark b) Experience as Team Leader or similar capacity of 10 project Preparation including design of major highway Project (of length equal to project length or more of similar configuration (2/4/6 laning**) and above). < 2 projects -0Reference/Details Marks self- Max. S. No. Descriptio of projects Claimed assessed by Points n for self- the bidder assessment 2 Projects -8 marks Add 1 marks for each additional project subject to maximum 2 marks. c) Experience in position of Team Leader/Project 20 Manager or similar capacity in Construction Supervision/IC involving length equal to project length or more of similar configuration (2/4/6** laning) and above < 2 projects – 0 2 Projects – 16 marks Add 2 marks extra for each additional project subject to maximum 4 (four) marks d) Experience as Team Leader or similar capacity in 5 Operation and Maintenance of Major Highway (of length equal to project length or more of similar configuration (2/4/6 laning**) and above). 1 project – 4 marks Add 1 mark extra for each additional project subject to maximum 1 (one) mark 3 Employment with the Firm 5 < 1 year -0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: (1) Similar Capacity includes the following positions i) On behalf of Consultant: Team Leader/Resident Engineer (Construction Supervision/IE/AE/DPR). ii) On behalf of Contractor: Project Manager (Construction/Construction Supervision) iii) In Government Organizations: Superintending Engineer (or equivalent) and above (2) Only those projects will be considered for evaluation at S. No. 2(b) where the input of the personnel is not < 9 months. (3) Only those projects will be considered for evaluation at S. No. 2I, (d) where the input of the personnel is not < 12 months.(4) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall be duly endorsed by the respective Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on INFRACON Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any fake information/ CV, which may result in debarment. 3.2 Resident cum Highway Engineer Reference/Details Marks self- Max. S. No. Descriptio of projects Claimed assessed by Points n for self- the bidder assessment 1 General Qualification 25 i) Graduate in Civil Engineering 17 ii) Post Graduation in 03 Transportation/Highway Engineering/Structural Engineering/Geotechnical Engineering iii) Minimum 15 days training certificates 03 from IAHE/ any Govt Institute in Highways iv) Essential Software 2 Experience- (MS Roads/ Projects, Prima Vera or other relevant software ) 2 Adequacy for the Project 70 Professional Experience i) Total Professional Experience in handling Highway 15 projects < 12 years -0 12 years -12 marks Add 1 mark extra for each additional year of experience subject to maximum 3 (three) marks. ii) Experience as Resident Engineer/Highway 20 Engineer/Project Director/Project Manager/Superintending Engineer or equivalent/Executive Engineer or equivalent on construction works/Authority Engineer/Independent Engineer Projects (similar configuration (2/4/6 laning*) and above). < 5 years -0; 5 years -15 marks Add 1 marks extra for each additional year of experience subject to maximum 5 (five) marks.iii) Experience in similar capacity in handling major 2/4/6- 25 laning** projects (of length equal to project length or more of similar configuration (2/4/6 laning**) and above) < 2 nos. -0 1 nos. -19 marks Add three marks extra for each additional project subject to maximum 6 (Six) marks. iv) Experience in similar capacity of Highway Project of 5 Construction/Construction Supervision/IC on EPC Mode(of length equal to project length or more of similar configuration (2/4/6 laning**) and above) 1 Project- 4 marks Add 1 (one) mark extra for each additional project subject to maximum 1 (one) mark v) Experience as RE or similar capacity in Operation and 5 Maintenance of Major Highway (of length equal to project length or more of similar configuration (2/4/6 laning**) and above). 1 project – 4 marks Add 1 mark extra for each additional project subject to maximum 1 (one) mark 3 Employment with the Firm 5 < 1 year -0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: (1) Similar Capacity includes the following positions i) On behalf of Consultant: Resident / Highway Engineer ii) On behalf of Contractor: Resident Engineer/ Highway Engineer / Project Manager (Construction/Construction Supervision) iii) In Government Organizations: Executive Engineer (or equivalent) and above (2) Only those projects (in numbers) will be considered for evaluation above, where the input of the personnel is not < 12 months (3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall be duly endorsed by the respective Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on INFRACON Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any fake information/ CV, which may result in debarment.3.3 Bridge/Structural Engineer Reference/Details Marks self- Max. S. No. Descriptio of projects assessed by Points n Claimed for self- the bidder assessment 1 General Qualification 25 i) Graduate in Civil Engineering 18 ii) Post-Graduation in Structural Engineering 04 iii) training in residential training 03 programme on Collapse/failure of bridges/structures from IAHE/Govt Institute 2 Adequacy for the Project 70 i) Total Professional Experience in handling 15 Highway/Bridge projects < 10 years -0 10 years -11 marks Add one mark extra for each additional 2 year subject to maximum 4(four) marks ii) Experience in similar capacity in 20 Design/Construction/Construction Supervision of Bridges/ROB/Flyover/Interchanges/any other such structures (similar configuration (2/4/6 laning**) and above) < 5 years -0; 5 years -15 marks Add 1 (one) mark extra for each additional completed year of experience subject to maximum 5 (five) marks iii) Experience in similar capacity in supervision of Major 20 Highway Bridges/ROB/Flyover/ Interchanges/ any other structures < 2 Bridges -0 02 Bridge -15 marks Add 2.5 mark extra for each additional bridge subject to maximum 5 marksiv) Experience in similar capacity in supervision of 10 Rehabilitation and repair of Major Bridges/ROB/Flyover/ Interchanges/ any other structures < 2 nos. – 0 2 nos. -8 marks > 3 nos.- 10 v) Experience in similar capacity of modern bridge 5 construction technology viz., Precast Segmental, Balanced Cantilever Construction, Extra dosed Bridge, Full Span Launching, Incremental Launching. Experience in 1 project – 4 marks More than one project – 5 marks 3 Employment with the Firm 5 < 1 year -0 1 year -3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: (1) Similar Capacity includes the following positions i) On behalf of Consultant/Contractor: Bridge Engineer/Project Manager (Bridges) ii) On behalf of Government: Executive Engineer (2) Only those projects (in numbers) will be considered for evaluation above, where the input of the personnel is not < 12 months (3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall be duly endorsed by the respective Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on INFRACON Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any fake information/ CV, which may result in debarment. 3.4 Senior Pavement Specialist Reference/Details of Marks self- Max. S. No. Description projects Claimed for assessed by Points self-assessment the bidder 1 General Qualification 25 I) Graduate in Civil Engineering 18II Post-Graduation in Transportation/Highway 04 ) Engineering/Pavement engineering or equivalent iii Training certificate from IAHE / Govt Institute in 03 ) design/ maintained of pavement 2 Adequacy for the Project 70 Professional Experience i) Total Professional Experience of Pavement 20 Design/Construction and Maintenance of Highways/Roads/Air Field Runway < 10 years -0 10 years -15 marks Add one mark extra for each additional year of experience subject to maximum 5 (five) marks. ii) Experience in Similar capacity in 20 Construction/Construction Supervision of 2/4/6- laning** of major Highway Projects (similar configuration (2/4/6 laning**) and above) < 5 years -0; 5 years -15 marks Add one mark extra for each additional year of experience subject to maximum 5 (five) marks. iii) Experience in similar capacity as Pavement/Geo- 25 technical Engineer in construction/ construction supervision of Major Highway projects (of length equal to project length or more of similar configuration (2/4/6 laning**) and above) < 2 nos. -0 2 nos. -20 marks Add 2.5 marks extra for each additional project subject to maximum 5 marks. iv) Experience in similar capacity on EPC Projects (of 5 length equal to project length or more of similar configuration (2/4/6 laning**) and above) 1 Project- 4 marks Add 1 (one) mark extra for each additional project subject to maximum 1 (one) mark3 Employment with the Firm 5 < 1 year -0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: (1) Similar Capacity includes the following positions i) On behalf of Consultant/Contractor: Pavement Specialist/ Pavement Engineer/ Pavement Expert / Highway Engineer ii) On behalf of Government: Executive Engineer (2) Only those projects (in numbers) will be considered for evaluation above, where the input of the personnel is not < 6 months (3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall be duly endorsed by the respective Government agency. In case of non-availability of endorsementfrom Govt. Agency, the experience uploaded on INFRACON Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any fake information/ CV, which may result in debarment. 3.5 Senior Quality/Material Expert Reference/Details Marks self- Max. S. No. Descriptio of projects Claimed assessed by Points n for self- the bidder assessment 1 General Qualification 25 I) Graduate in Civil Engineering 18 II) Post Graduation in Geotechnical Engineering/ Foundation Engineering/ Soil 04 Mechanics/ Rock Mechanics 16 days material testing process 03 course imparted by Indian Academy of Highway Engineers orCRRI 2 Adequacy for the Project 70 Professional Experience i) Total Professional Experience in handling 15 Highway/Bridge projects < 10 years -0 10 years -11 Add one mark extra for each additional year of experience subject to maximum 4 (four) marks. ii) Experience in similar capacity in 25 Construction/Construction Supervision of major Highway Projects ((similar configuration (2/4/6 laning**) and above)) < 5 years -0; 5 years -19 Add 2.0 (two) marks extra for each additional year of experience subject to maximum 6 (Six) marks. iii) Experience in similar capacity in handling Similar 30 Highway projects (of length equal to project length or more of similar configuration (2/4/6 laning**) and above) < 2 nos. -0 2 nos. - 25 Add 2.5 marks extra for each additional project subject to maximum 5 (five) marks.3 Employment with the Firm 5 < 1 year – 0 1 year – 3 Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: (1) Similar Capacity includes the following positions i) On behalf of Consultant/Contractor: Quality Expert/ Material Engineer/Material Expert/ Quality Engineer/ Geo-Technical Expert. ii) On behalf of Government: Executive Engineer (2) Only those projects (in numbers) will be considered for evaluation above, where the input of the personnel is not < 12 months (3) In case of experience on behalf of Authority’s Engineer or Contractor, the experience shall be duly endorsed by the respective Government agency. In case of non-availability of endorsement from Govt. Agency, the experience uploaded on Infracon Portal will be taken into consideration. However, the key personnel/ bidder will be solely responsible for any fake information/ CV, which may result in debarment. 3.6 Road Safety Expert S. Descriptio Max. Reference/ Marks No. n Points Details of self- projects assesse Claimed for d by the self- bidder assessment 1 General Qualification 25 I) Graduate in Civil Engineering 18 II) Post-Graduation in Traffic/ Transportation/ 04 Safety Engineering or equivalent 15 days Certificate course on Road Safety 03 Audit from IAHE/CRRI 2 Adequacy for the Project 70 Professional Experience i) Total Professional Experience in handling Highway/Bridge 15 projects < 10 years -0 10 years -11 marks Add one mark extra for each additional year of experience subject to maximum 4 (four) marks.ii) Experience in similar capacity in Road Safety works on 15 Major Highway Project (similar configuration (2/4/6 laning**) and above). < 5 years -0 5 years -11 marks Add one mark extra for each additional year of experience subject to maximum 4 (four) marks. iii) Experience in similar capacity in Road Safety Audits of 2/4/6- 20 laning** Highway projects at different stages including at least one at design stage < 2 nos. -0 2 nos. -15 marks Add 2.5 marks extra for each additional project subject to maximum 5 marks. iv) Experience in similar capacity in identification and 10 improvement of black spots on Major Highway Project (similar configuration (2/4/6 laning**) and above) < 2 nos. -0 2 nos. -8 marks Add 2 marks extra for each additional improvement of black spots subject to maximum 2 marks. v) Experience in similar capacity of preparing Road Safety 5 Management Plans for Inter Urban Highway 1 project -4 marks 2 or more -5 marks vi) Experience in similar capacity in field of Road Safety 5 Management Plan 1 project -4 marks 2 or more -5 marks 3 Employment with the Firm 5 <1 year- 0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: (1) Similar Capacity includes the following positions i) On behalf of Consultant/Contractor: Road Safety Expert ii) In Government Organizations: Executive Engineer (or equivalent) and above (2) Only those projects (in numbers) will be considered for evaluation above, where the input of the personnel is not < 6 months3.7 Team Leader cum Senior Bridge Engineer: Reference/Detail Marks self- Max. S. No. Description s of projects assessed by Points Claimed for self- the bidder assessment 1 General Qualification 25 i) Graduate in Civil Engineering 17 ii) Post Graduation in /Structural 03 Engineering or equivalent specialised stream of civil engineering iii) training programme on 03 Collapse/failure of bridges/structures or bridge design from IAHE/ Govt Institute iv) Essential Software Experience- 02 (MS Roads/ Projects, Prima Vera or other relevant software ) 2 Adequacy for the Project 70 a) Professional Experience in Bridge Projects: i) Total Professional Experience in handling 15 Bridge projects < 15 years -0 15 years -12 marks Add 1 mark extra for each additional year of experience subject to maximum 3 (three) marks. ii) Experience as Team Leader or similar capacity 10 in Highway Development projects of (similar configuration (2/4/6 laning**) and above) < 5 years -0 5 years -8 marks Add 1 marks extra for each additional year of experience subject to maximum 2 (two) marks.iii) Experience as Team Leader or similar capacity 5 in Highway Development projects (of length equal to project length or more of similar configuration (2/4/6 laning**) and above) 1 project -4 marks add 1 mark extra for additional projects subject to maximum1 (one) mark b) Experience as Team Leader or similar 30 capacity of at least Two projects in Construction Supervision / AE/ IE/ Project preparation involving at least one Major Bridge (minimum 300 m length without approaches) in the Project (project length or more of similar configuration (2/4/6 laning**) < 2 projects -0 2 Projects -20 marks Add 5 marks for each additional project subject to maximum 10 marks. c) Experience as Team Leader/Project Manager 10 or similar capacity in Operation and Maintenance of Major Bridge (minimum 300 m length without approaches) in the Project (of length project length or more of similar configuration (2/4/6 laning**) 1 project – 8 marks Add 1 mark extra for each additional project subject to maximum 2 (two) mark 3 Employment with the Firm 5 < 1 year -0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 3.8 Resident cum Pavement Specialist Reference/Details of Marks Max. S. No. Description projects Claimed for self- Points self-assessment assessed by the bidder 1 General Qualification 25 i) Graduate in Civil Engineering 17ii) Post Graduation in 03 Transportation/Highway Engineering/Structural Engineering/Geotechnical Engineering iii) Training programme from IAHE in 03 Highway/Pavement iv) Essential Software Experience- 02 (MS Roads/ Projects, Prima Vera or other relevant software ) 2 Adequacy for the Project 70 Professional Experience i) Total Professional Experience in handling Highway 20 projects < 12 years -0 12 years -16 marks Add 2 mark extra for each additional year of experience subject to maximum 4 (four) marks. ii) Experience as Resident Engineer/Project 20 Director/Project Manager/Superintending Engineer or equivalent/Executive Engineer or equivalent on construction works/Authority Engineer/Independent Engineer Projects (similar configuration (2/4/6 laning*) and above). < 5 years -0; 5 years -15 marks Add 1 marks extra for each additional year of experience subject to maximum 5 (five) marks. iii) Experience in similar capacity in handling major 25 2/4/6-laning** projects (of length 40% of project length or more of similar configuration (2/4/6 laning**) and above) < 2 nos. -0 2 nos. -19 marks Add three marks extra for each additional project subject to maximum 6 (Six) marks.iv) Experience in similar capacity of Highway Project 5 of Construction/Construction Supervision on EPC Mode (of length 40% of project length or more of similar configuration (2/4/6 laning**) and above) 1 Project- 4 marks Add 1 (one) mark extra for each additional project subject to maximum 1 (one) mark 3 Employment with the Firm 5 < 1 year -0 1 year – 3 marksReference/Details Marks self- Max. S. No. Descriptio of projects Claimed assessed by Points n for self- the bidder assessment Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 3.9 Senior Contract Specialist cum Planning Engineer S. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for self- bidder assessment 1 General Qualification 25 I) Graduate in Civil Engineering 17 II) Post Graduate Degree in Law/PG in 03 management/certificate course in management/ certificate course in construction management/certificate course in contract management iii) IAHE training programme on contract 03 Management/ project planning iv) Essential Software Experience- (MS 02 Roads/ Projects, Prima Vera or other relevant software ) 2 Adequacy for the Project 70 Professional Experience i) Total Professional Experience of Contract Management/ 20 planning Enginner. < 15 years -0 15 years -15 marks Add one mark extra for each additional year of experience subject to maximum 5 (five) marks. ii) Experience as Contract Specialist/ Planning Engineer on 20 any National/State Highway project. < 4 years -0 4 years -15 marks Add one mark extra for each additional year of experience subject to maximum 5 (five) marks.iii) Contract Management of a large Highway contract say 15 over Rs.150 crore including experience of handling variation orders, claims of the contractor and there appropriate disposal < 2 nos. -0 2 nos. -10 Add 2.5 marks extra for each additional project subject to maximum 5 (five) marks. iii) Planning Engineer of a large Highway Project say over 10 Rs.150 crore including experience of handling variation orders, claims of the contractor and there appropriate disposal < 2 nos. -0 2 nos. -50 Add 2.5 marks extra for each additional project subject to maximum 5 (five) marks. v) Experience of Handling Arbitration cases in respect of any 5 Highway project. 1 project -4 marks 2 or more projects-5 marks 3 Employment with the Firm 5 <1 year- 0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 3.10 Team Leader cum Senior Tunnel Expert: S. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for self- bidder assessment 1 General Qualification 25 I) Graduate in Civil/Mining Engineering or equivalent 18 II) Post-Graduate or chartered engineer in Mining 04 Engineering/ Geotechnical Engineering /Structural Engineering/Rock Mechanics or equivalent Attended Minimum 5 days training on tunnel from 03 IAHE/ITA/ any othe institute of repute 2 Adequacy for the Project 70 Total Professional Experiencea i) < 20 years -0 7 20years -5 marks Add one mark extra for each additional year of experience subject to maximum 2 (Two) marks. a ii) Total professional experience in handling major tunnelling 8 projects <15 years – 0 marks 15 years – 6 marks Add 1 mark extra for each additional year of experience subject to maximum 2 (two) marks. a iii) Experience in major tunnel construction/construction 10 supervision projects (Road/Rail/Metro) <10 years – 0 marks 10 years – 7 marks Add 1.5 marks extra for each additional year of experience subject to maximum 3 marks. b Experience in Similar Capacity b i) Experience as Team Leader or similar capacity in 10 construction supervision of major tunnel projects (Road/Rail/Metro) of length equal to or more than 4 Km S. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for self- bidder assessment <5 years – 0 marks 5 years – 7 marks Add 1.5 marks extra for each additional year of experience subject to maximum 3 marks b ii) Experience as Team Leader or similar capacity of project 10 Preparation/Design of tunnel projects(Road/Rail/Metro) of length 4 Km or more 1 Project – 8 marks Add 1 mark extra for each additional projects subject to maximum 2 marks. b iii) Experience as Team Leader or similar capacity in 20 construction supervision of tunnels (Road/Rail/Metro) of length 4 km or more <2 project -0 marks 2 Projects – 15 marks Add 1.25 mark extra for each additional projects subject to maximum 5(five) marks.C) Experience in project preparation/ design of major tunnel 5 projects apart from those under 2 (b) (ii) (Road/Rail/Metro) 1 project -4 marks 2 or more -5 marks 3 Employment with the Firm 5 <1 year- 0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: As per RFP, Definition of Team Leader includes Project Manager/Resident Engineer/ or any equivalent position. ** tunnel projects, unless specifically mentioned, to be considered for evaluation has to be major tunnels of length equal to or more than 1.5 Km3.11R esident cum Tunnel Excavation Expert: S. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for self- bidder assessment 1 General Qualification 25 I) Graduate in Civil/Mining Engineering or equivalent 18 II) Post-Graduate or chartered engineer in civil/Mining 04 Engineering or equivalent Attended Minimum 5 days training on tunnel from 03 IAHE/ITA/ any othe institute of repute 2 Adequacy for the Project 70 Total Experience a i) <15 years – 0 15 15 years – 12 marks Add 1 mark extra for each additional year of experience subject to maximum 3 (three) marks. A ii) Total professional experience in handling major tunnelling 10 projects < 10 years – 0 10 years – 7 marks Add 1.5 marks extra for each additional year of experience subject to maximum 3 (three) marks. b Experience in Similar Capacity b i) Experience as Tunnel Excavation Expert or similar capacity 10 in construction supervision of major tunnelling projects (Road/Rail/Metro) < 7 years – 0 7 years – 7 marks Add 1.5 marks extra for each additional year of experience subject to maximum 3 (three) marks. b ii) Experience as Tunnel Excavation Expert or similar capacity in 20 construction supervision of tunnel projects (Road/Rail/Metro) of minimum length of 4 km (Minimum one year supervision in a project) < 2 projects – 0 2 projects – 15 marks Add 2.5 marks extra for each additional projects subject to 5 (five) marks. b iii) Experience in tunnel design/ DPR/ preparation / feasibility 10 study/design review involving major tunnel projects (Road/Rail/Metro) of minimum length of 4 km (minimum 1 year experience in a project) 1 project – 7 marksS. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for self- bidder assessment Add 1 mark extra for each additional projects subject to maximum 3 (three) marks C) Experience in construction of major tunnel projects 5 (Road/Rail/Metro) apart from those under 2 (b) (ii) 1 project – 3 marks Add 1 mark extra for each additional projects subject to maximum 2 (two) marks. 3 Employment with the Firm 5 <1 year- 0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 10 0 Note:- Max Age = 65 Years ** tunnel projects, unless specifically mentioned, has to be major tunnels of length equal to or more than 1.5 Km to be considered for evaluation 3.12T UNNEL DESIGN ENGINEER: S. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for self- bidder assessment 1 General Qualification 25 I) Graduate in Civil Engineering or equivalent 18 II) Post-Graduate in Engineering (Structural) 04 Attended Minimum 5 days training on tunnel from 03 IAHE/ITA/ any othe institute of repute 2 Adequacy for the Project 70 Total Professional Experience a i) <20 years – 0 15 20 years – 11 marks Add 1 mark extra for each additional year of experience subject to maximum 4 (four) marks.A ii) Total Professional Experience in handling major Tunnel 10 projects <12 years – 0 12 years- 7 marks Add 1 mark extra for each additional year of experience subject to maximum 3 (three) marks.S. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for self- bidder assessment b Experience in Similar Capacity b i) Experience in tunnel design (Road/Rail/Metro) works in 10 similar capacity <12 years – 0 12 years – 7 marks Add 1 mark extra for each additional year of experience subject to maximum 3 (three) marks. b ii) Experience in similar capacity in Project Preparation/DPR 15 involving design of tunnels (Road/Rail/Metro)of more than 4 km length (Min. 1 year experience in a project) < 3 projects – 0 3 projects – 11 marks Add 1 mark extra for each additional projects subject to maximum 4 (four) marks. b iii) Experience in similar capacity in construction/construction 10 supervision projects involving design/design review of tunnels of more than 4 Km length (Min. 1 year experience in project) <2 projects – 0 2 projects – 7 marks Add 1.5 mark extra for each additional projects subject to maximum 3(three) marks. c i) Experience in innovation tunnel design (Road/Rail/Metro) 5 like immersed tunnel and sub-sea bored tunnel 1 projects – 4 marks 2 or more projects -5 marks c ii) Experience in design tunnel projects(Road/Rail/Metro) 5 apart from those under 2 (b) (ii) 1 project – 4 marks 2 or more projects – 5 marks 3 Employment with the Firm 5 <1 year- 0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: Max Age =65Years** tunnel projects, unless specifically mentioned, has to be major tunnels of length equal to or more than 1.5 Km to be considered for evaluation 3.13T UNNEL SAFETY EXPERT S. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for bidder self- assessment 1 General Qualification 25 I) Graduate in Civil/Mining Engineering or equivalent 18 II) Any professional Certification from a 04 recognized/statutory body on safety/health/shot firer Attended Minimum 5 days training on tunnel safety 03 from IAHE/ITA/ any other institute of repute 2 Adequacy for the Project 70 Total Professional Experience a i) <20 years – 0 15 20 years – 11 marks Add 1 mark extra for each additional year of experience subject to maximum 4 (four) marks. A ii) Experience Tunnel (Road/Rail/Metro) Safety Works 15 <10 years – 0 10 years – 11 marks Add 1 mark extra for each additional year of experience subject to maximum 4 (four) marks. a iii) International exposure in tunnel safety works in developed 10 countries <7 years – 0 7 years – 7 marks Add 1 mark extra for each additional projects subject to maximum 3 (three) marks. b Experience in Similar Capacity b i) Experience in similar capacity of Tunnel Safety Audits 20 during construction stage of tunnel projects(Road/Rail/Metro) of minimum length of 4 Km < 2 projects – 0 2 projects – 15 marks Add 1.25 mark extra for each additional projects subject to maximum 5 (five) marks. b ii) Experience in similar capacity of Tunnel Safety Audits in 10 design stage on tunnel projects (Road/Rail/Metro) 1 project – 8 marks 2 or more – 10 marksS. No. Descriptio Max. Reference Marks n Points / Details of self- projects assessed Claimed by the for self- bidder assessment C) Experience in construction of major tunnel projects 5 (Road/Rail/Metro) using 1 project – 3 marks Add 1 mark extra for each additional projects subject to maximum 2 (two) marks. 3 Employment with the Firm 5 <1 year- 0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: Max Age = 65 Years ** tunnel projects, unless specifically mentioned, has to be major tunnels of length equal to or more than 1.5 Km to be considered for evaluation3.14S enior Geotechnical Expert: S. Descriptio Max. Reference Marks No. n Points / Details of self- projects assessed Claimed by the for self- bidder assessment 1 General Qualification 25 I) Graduate in Civil Engineering / Masters in 18 Engineering Geology or equivalent from a recognized university II) Post Graduate in Rock Mechanics /Foundation 04 Engineering/ Tunnel Engineering iii) Attended Minimum 5 days training on tunnel 03 safety from IAHE/ITA/ any other institute of repute in Geotechnical 2 Adequacy for the Project 70 Total Professional Experience a i) <20 years – 0 15 20 years – 11 marks Add 1 mark extra for each additional year of experience subject to maximum 4 (four) marks. A ii) Experience in Construction/ Construction Supervision 10 of major tunnel projects(Road/Rail/Metro < 10 years – 0 10 years – 7 marks Add 1 mark extra for each additional year of experience subject to maximum 3 (three) marks. b Experience in Similar Capacity b i) Experience as Geotechnical engineer or similar 25 capacity in construction/ construction supervision of at least 4 tunnel projects(Road/Rail/Metro) of length equal to or more than 4 km < 4 projects – 0 4 projects -17 marks Add 2 mark extra for each additional project subject to maximum 8 (eight) marks b ii) Experience as Geotechnical engineer or similar 5 capacity in Construction/ Construction Supervision of major tunnel projects involving vertical shaft sinking of at least 200m vertical depth 1 project – 4 marks 2 or more projects – 5 marksS. Descriptio Max. Reference Marks No. n Points / Details of self- projects assessed Claimed by the for self- bidder assessment B iii) Experience as Geotechnical engineer or similar 15 capacity in design/project preparation of tunnel projects(Road/Rail/Metro) of at least 4 km length < 2 projects – 0 2 projects – 11 marks Add 2 marks extra for each additional projects subject to maximum 4 (four) marks. 3 Employment with the Firm 5 <1 year- 0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note:- Max Age =65 Years ** tunnel projects, unless specifically mentioned, has to be major tunnels of length equal to or more than 1.5 Km to be considered for evaluation. 3.15 Senior GEOLOGIST: S. Descriptio Max. Reference Marks No. n Points / Details of self- projects assessed Claimed by the for self- bidder assessment 1 General Qualification 25 I) Masters in Geology /Applied Geology 22 from recognized university. iii) Attended Minimum 5 days training on tunnel 03 safety from IAHE/ITA/ any other institute of repute in Geotechnical 2 Adequacy for the Project 70 Total Professional Experience a i) <<20 years – 0 20 20 years – 15 marks Add 1 mark extra for each additional year of experience subject to maximum 5 (five) marks. A ii) Experience in major Tunnel construction/construction 15 supervision Projects (Road/Rail/Metro) using NATM technology < 5 years – 0 5 years – 12 marksAdd 1.5 marks extra for each additional year subject to maximum 3 (three) marks. b Experience in Similar Capacity b i) Experience in major Tunnel(Road/Rail/Metro) Construction 15 works in similar capacity < 7 years – 0 7 years – 12 marks Add 1 mark extra for each additional year of experience subject to maximum 3 (three) marks. b ii) Experience in similar capacity in project preparation/DPR 10 involving of major tunnel projects (Road/Rail/Metro). (Min 1 year experience in a project) <2 projects – 0 2 projects -7 marks Add 1.5 marks extra for each additional projects subject to maximum 3 (three) marks. b iii) Experience in similar capacity in highway tunnel 10 construction/construction supervision with minimum length of 4 Km < 2 projects – 0 2 project – 7 marks Add 1.5 marks extra for each additional projects subject to maximum 3 (three) marks. 3 Employment with the Firm 5 <1 year- 0 1 year – 3 marks Add 0.5 marks for each subsequent year subject to maximum 2 marks Total : 100 Note: Max Age = 65 Years ** tunnel projects, unless specifically mentioned, has to be major tunnels of length equal to or more than 1.5 Km to be considered for evaluation Note: applicable to all key personnel: If a key personnel has worked in next lower category to the similar capacity, the marks allotted to key personnel in the category ‘experience in similar capacity’ shall be reduced To two thirds of marks in this category. This shall be applicable for evaluation of all key personnel. 2. ** Similar projects means 2/4/6 lane as applicable for the project for which RFP is invited. For 2-lane projects experience of 4/6 lane also to be considered with a multiplication factor of 1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6 laning projects, experience of 2 lane will be considered with a multiplication factor of 0.4.4.0 Requirements with respect to Technical Capacity Provision for maximum number of consultancy services to be awarded to one consultant: (i) The maximum number of consultancy services to be awarded to one consultant will be governed by the following provisions: • Residual AE/IE Bid Capacity viz., “R” shall be more than the tentative length of the Project For Normal Highway Projects • R= CL x TF - RP Wherein: Completed Length (CL) = Length of AE/IE completed NHs/Expressways in last 5 FY. Turnover Factor (TF)= Multiplication factor based on Turnover Average Annual Turnover of Last 5 Financial years Turn Over Factor “TF” Upto 50 cr 1.00 50 to 250 cr 1.25 >250 crores 1.50 Running Projects (RP)= Length of AE/IE Projects in Hand wherein provisional Completion Certificate/ completion certificate not issued, Includes projects for which firm has emerged as H-1 bidder but LOA have not been issued. R to be calculated for each JV member & weighted average as per Share in JV be considered. The applicants shall submit the requisite details for determination of technical capacity in the prescribed format Technical Capacity (Form T-11) enclosed.BIDDING FORMSTechnical ProposalForm T-1: Proposal Form (Covering Letter) (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal, along with supporting documents, if any) (on Consultant’s Letter-head) (Strike out alternative phrases not relevant to you) Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. To The President of India, through Head of Procurement Procuring Organisation [Complete address of the Procuring Entity] Ref: Your RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Sir/ Madam 1. We, the undersigned, offer to provide consulting services in accordance with your above-referenced Request for Proposals (RFP) and our Proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a separately uploaded Financial Proposal. Commercial information about our organisation is enclosed in Form T-1A.  We are submitting our Proposal without any Sub-consultants or JV. Or  We are submitting our Proposal with the following firms as Sub-consultants: {Insert a list with each Sub-consultant's full name and address.} Or  We are submitting our proposal as a joint venture with {Insert a list with each member's full name and legal address and indicate the lead member}. We have attached a copy of the following document signed by every participating member, which details the (likely) legal structure and the confirmation of joint and severable liability of the members of the said joint venture.  our letter of intent to form a joint venture  the JV agreement2) Our Eligibility and Qualifications to participate a) We confirm that we continue to comply with all the eligibility (including the absence of conflict of interest and debarment) and qualification criteria stipulated in this RFP. We shall be dutybound to proactively inform you of any change in our compliance with these criteria as soon as it occurs. b) We confirm that we don’t have any Conflict of Interest as stipulated in this RFP. We shall be duty bound to proactively inform you of any change in our compliance with Conflict-of-Interest stipulations as soon as it occurs. 3) Our Proposal to deliver Services: We offer to deliver the subject Services of requisite Performance Standards and within Delivery Schedules in conformity with the RFP Document. The relevant details are submitted in ‘Form T-4: Description of Approach, Methodology and Work Plan in responding to Terms of Reference’; Form T-5: Work Schedule and Planning of Deliverables and Form T-6: Team Composition, Assignment and Key Experts’ Inputs’. 4) Prices: We hereby offer to perform the Services at our lowest prices and rates mentioned in the separately uploaded Financial Proposal. It is hereby confirmed that the prices quoted therein by us are: (a) Based on the terms of delivery and delivery schedule confirmed by us; and (b) Cost break-up of the quoted cost, showing inter-alia costs (including taxes and duties thereon) of all the included incidental Goods/ Works considered necessary to make the proposal self-contained and complete, has been indicated therein, and (c) based on the terms and mode of payment as stipulated in the RFP Document. We have understood that if we quote any deviation from the terms and mode of payment, our Proposal is liable to be rejected as nonresponsive, and (d) have been arrived at independently, without restricting competition, any consultation, communication, or agreement with any other Consultant or competitor relating to: i) those prices; or ii) the intention to submit an offer; or iii) the methods or factors used to calculate the prices offered. (e) Have neither been nor shall be knowingly disclosed by us, directly or indirectly, to any other Consultant or competitor before the Proposal opening unless otherwise required by law. 5) We declare regarding commissions or fees paid or are to be paid to agents, representatives, or commission agents concerning the selection process or execution and performance of this Contract, that: No such commissions or gratuities or fees have been paid are to be paid by us to any third party Or  We have paid/ are due to pay the following commissions/ gratuities/ fees: ------------- (indicate the name and address of the agent, representative, or commission agent, the amount and currency, and the purpose of the commission or fee.) 6) No change in the Key Experts Except as stated in the RFP Document, we undertake to negotiate a Contract based on the proposed Key Experts. We accept that substituting Key Experts for reasons other than those stated in ITC-Clause 12.3 may lead to the termination of contract negotiations. 7) Affirmation of terms and conditions of the RFP Document: We have understood the complete terms and conditions of the RFP Document. We accept and comply with these terms and conditions without reservations, although we are not signing and submitting some of the RFP document's sections. Deviations, if any, are submitted by us in Form T-7: ‘Terms and Conditions - Compliance’. We also explicitly confirm acceptance of the Arbitration Agreement as given in the RFP Document. 8) Bid Security: We have submitted the Bid Security as a) Earnest Money Deposit (EMD) for the amount of Rs. (Rupees……………………………….) valid upto in favour of …………………… in the form of Insurance Surety Bonds/ Account Payee Demand Draft/ Fixed Deposit Receipt/ Banker’s cheque/ Payment online/ Bank Guarantee in Form T-9A, with reference number dated , issued by . as per the RFP Documents. or b) Bid Securing Declaration (BSD, in lieu of Bid Security, if permitted in TIS) in stipulated format vide Form T-9B. 9) Abiding by the Proposal's Validity We agree to keep our Proposal valid for acceptance for a period upto -------, as required in the RFP Document, or for a subsequently extended period, if any, agreed to by us, and are aware of penalties in this regard stipulated in the RFP Document in case we fail to do so. 10) Non-tempering of Downloaded RFP Documents and Uploaded Scanned Copies We confirm that we have not changed/ edited the contents of the downloaded RFP Document. We realise that any change noticed at any stage, including after the contract award, shall be liable to punitive action in this regard stipulated in the RFP Document. We also confirm that scanned copies of documents/ affidavits/ undertakings uploaded during the shortlisting process and this RFP are valid, true,and correct to the best of our knowledge and belief. We shall be responsible if any dispute arises regarding the validity and truthfulness of such documents/ affidavits/ undertakings. We undertake to submit for scrutiny, on-demand by the Procuring Entity, originals and self-certified copies of all such certificates, documents, affidavits/ undertakings. 11) A Binding Contract: We further confirm that if our proposal is accepted, all such terms and conditions shall continue to be acceptable and applicable to the resultant contract, even though some of these documents may not be included in the contract Documents submitted by us. We do hereby undertake that until a formal contract is signed or issued, this Proposal and your written Letter of Award shall constitute a binding contract between us. 12) Performance Guarantee and Signing the contract We further confirm that if our proposal is accepted, we shall provide you with performance security of the required amount stipulated in the RFP Document for the due performance of the contract. We are fully aware that in the event of our failure to deposit the required security amount and/ or execute the agreement, the Procuring Entity has the right to avail of any or all punitive actions stipulated in the RFP Document. 13) Penalties for misinterpretation or misrepresentation: We hereby confirm that the particulars given above are factually correct and nothing is concealed and undertake to advise any future changes to the above details. We understand that any misinterpretation or misrepresentation would violate the Code of Integrity and attract penalties, as this RFP Document mentions. 14) Consultant’s Authorized Signatory: a) Full Name: b) Designation: c) Signing as: A sole proprietorship firm. The person signing the Proposal is the sole proprietor/ constituted attorney of the sole proprietor, A partnership firm. The person signing the Proposal is duly authorised being a partner to do so under the partnership agreement or the general power of attorney, A company. The person signing the Proposal is the constituted attorney by a resolution passed by the Board of Directors or in pursuance of the Authority conferred by the Memorandum of Association. A Society. The person signing the Proposal is the constituted attorney. We confirm that we are duly authorized to submit this Proposal and make commitments on behalf of the Consultant. We acknowledge that our digital/digitized signature is valid and legally binding. Supporting documents are submitted herewith.Documents to be submitted: Registration Certificate/ Memorandum of Association/ Partnership Agreement/ Power of Attorney/ Board Resolution 15) Rights of the Procuring Entity to Reject Proposal(s): We further understand that you are not bound to accept the lowest or any Proposal you may receive against your above-referred RFP Document. …………………….. (Signature with date) ……………………….. (Name and designation) Duly authorized to sign Proposal for and on behalf of [name, address, and seal of Consultant]Form T-1A: Consultant’s Commercial Information Note: Consultant shall fill in the following information and enclose certified copies of the documentary proof/ evidence to substantiate the corresponding statement wherever necessary and applicable. (Please tick appropriate boxes or strike out sentences/ phrases not applicable to you) Consultant particulars: a) Name of the Consultant:………………. b) Corporate Identity No. (CIN): …………………………………….. c) Registration, if any, with The Procuring Entity: ………………………………….. d) Place of Registration/ Principal place of business” ………………………………. e) Complete Postal Address: ………………………………………….. f) Pin code/ ZIP code: …………………………………………………. g) Telephone nos. (with country/ area codes): ……………………… h) Mobile Nos.: (with country/ area codes): …………………….. i) Contact persons/ Designation: ……………………………………. j) Email IDs: ……………………………………………………………. Submit a self-certified copy of the registration certificate – in case of a partnership firm – Deed of Partnership; in case of a Company – Notarized and certified copy of its Registration; and in case of Society – its Byelaws and registration certificate of the firm. All these documents should be Notarized. Taxation: PAN number: ………………………………………………. Type of GST Registration as per the Act (Normal Taxpayer, Composition, Casual Taxable Person, SEZ, etc.): …………………………. GSTIN number: ................................................ in Consultant and Service Site States Registered/ Certified Offices from where the Services would be supported and Place of Service Site for GST Purpose: ………………. Contact Names, Nos. & email IDs for GST matters (Please mention primary and secondary contacts): ………………………………… Comments on Tax liability and the breakup of CGST, SGST, IGST and Cess in this assignment: Documents to be submitted: Self-attested Copies of PAN card and GSTIN Registration. Trade Registrations and Licences We have the following registrations/ licences required for the performance of this Service (tick as applicable). Authenticated copies of these are enclosed herewith:  EPF  ESI  Labour Licence Any other required -------------------------------- --. Consultant’s Authorized Representative Information Name: Address: Telephone/ Mobile numbers: Email Address: (Signature with date) ……………………….. (Name and designation) Duly authorized to sign Proposal for and on behalf of [name, address and seal of Consultant] DA: As aboveForm 1.2: Eligibility Declarations (On Consultant’s Letter-head) (Along with supporting documents, if any) REOI document No. REOI/ xxxx; Tender Title: Consultancy Services Consultant’s Name_________________________ [Address and Contact Details] Consultant's Reference No.___________________________ Date………. [Note: The list below is indicative only. You may attach more documents as required to confirm your eligibility criteria.] Eligibility Declarations (Please tick appropriate boxes or cross out any declaration not applicable to the consultant) We hereby confirm that we comply with all the stipulations of REOI Clause 4.1 of the REOI document and declare as under and shall provide evidence of our continued eligibility to the Procuring Entity as and when it may be requested: 1) Legal Entity of Consultant: We are: a) : ____________________________ relevant documents enclosed) b) We are a Consultancy Services provider with valid registration regarding GSTIN, PAN, EPF, ESI, Labour, or equivalent registration certificate as applicable to the subject Services. 2) Eligibility: We solemnly declare that we (including our affiliates or subsidiaries, or constituents): (a) are not insolvent, in receivership, bankrupt or being wound up, not have our affairs administered by a court or a judicial officer, not have our business activities suspended and are not the subject of legal proceedings for any of these reasons; (b) (including our affiliates or subsidiaries, or constituents for any part of the assignment): i) Do not stand declared ineligible/ blacklisted/ banned/ debarred by the Procuring Organisation or its Ministry/ Department from participation in its procurement processes; and/ or ii) Are not convicted (within three years preceding the last date of EOI submission) or stand declared ineligible/ suspended/ blacklisted/ banned/ debarred by appropriate agencies of the Government of India from participation in procurement processes of all its entities for offences mentioned in REOI document in this regard. iii) We have neither changed our name nor created a new "Allied Entity", consequent to the above disqualifications. (c) Do not have any association (as consultant/ partner/ Director/ employee in any capacity) with such retired public official or near relations of such officials of Procuring Entity, as counter-indicated, in the REOI document. (d) We have no conflict of interest, which substantially affects fair competition. The quoted prices are competitive without adopting unfair/ unethical/ anti competitive means. No attempt has been made or shall be made by us to induce any other consultant to submit or not to submit an EOI to restrict competition. (e) We certify that we fulfil other additional eligibility conditions if prescribed in the REOI document. 3) We certify that we are not an entity from a country identified to restrict Consultants from India from participation in their Government Procurements as per EOI clause 4.2.1 4) Restrictions on procurement from consultants from a country or countries or a class of countries under Rule 144 (xi) of the General Financial Rules 2017: "We have read the clause regarding restrictions on procurement from a consultant of a country whichshares a land border with India and on sub-contracting to contractors from such countries, and solemnly certify that we fulfil all requirements in this regard and are eligible to be considered. We certify that: a) we are not from such a country or, if from such a country, we are registered with the Competent Authority (copy enclosed). and; b) we shall not subcontract any assignment to a contractor from such countries unless such a contractor is registered with the Competent Authority. 5) Startup Status: We confirm that we are (Certificate of Recognition issued by the Department for Promotion of Industry and Internal Trade (DPIIT) enclosed herewith)/ are not a Startup entity as per the Department of Promotion of Industrial and Internal Trade – DPIIT. 6) Penalties for false or misleading declarations: We hereby confirm that the particulars given above are factually correct and nothing is concealed and undertake to advise any future changes to the above details. We understand that any wrong or misleading self-declaration would violate the Code of Integrity and attract penalties. …………………….. ……………………….. (Signature with date) (Name and designation) Duly authorised to sign EOI for and on behalf of ………………………………………. ……………………………………….Name, address, and seal of the Consultant] DA: As in Sr 1 to 5 above, as applicableForm T-2: Consultant’s Organisation and Experience (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal) (on Consultant’s Letter-head) (Along with supporting documents, if any) Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Form-2: Please fill out this form to briefly describe the Consultant’s organization and outline the recent consultant experience most relevant to the assignment. In the case of a joint venture, information on similar assignments shall be provided for each partner. For each assignment, the outline should indicate the names of the Consultant’s Key Experts and Sub- consultants who participated, the duration of the assignment, the contract amount (total and, if it was done in the form of a joint venture or a Sub- consultant, the amount paid to the Consultant), and the Consultant’s role/involvement. A - Consultant’s Organization :- The proposal should contain the following information in enclosed format attached • Year of Establishment of Firm • Average annual turnover (last three years) Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last three years [FY 2014-2015, FY 2015-2016 and FY 2016-2017]*. For claiming experience of Highway projects, completion certificate from employer should be enclosed. The proposal should also contain the details of the key personnel viz. their name, qualification, expertise area, experience and years of association with the firm. *To be modified appropriately. The following information related to the firm should be provided in the proposal. i. Name of the package applied for:- ii. Year of establishment of firm* Consultant Year of Country Type of Organization Establishmen Individua Partnership Corporation Other t l Individual / Lead Partner (of JV)/ Minor Partner of JV/Associate NOTE:- Year of Establishment of Lead Partner of JV shall be considered. *Copy of Certificate of incorporation shall be submitted. iii. Office/ Business Address/Telephone nos. /Cable Address. iv. Narrative description of firm (Not more than 2 sheets) v. Name of two (2) principals who may be contacted with title and telephone number/fax number/e-mail.vi. Financial Statement of the last three years. ** Sl. No. Particula <2014- < 2015- <2016- r 15> 16> 17> i. Annual turnover from Consulting business of civil Engineering Projects ii. Total Assets iii. Current Assets Balance Sheet/ Auditor Certificate of last 3years <2014-15, 2015-16 and 2016-17> shall be submitted as evidence of Annual Turnover. Annual financial statement turnover duly certified by the Statutory Auditor with UDIN certifying turnover from consulting buissness of civil Engineering Projects may also be Provided. ** a) The amount shall be stated in INR. (Consider 1US Dollar = Rs. And 1 Euro = Rs.) (This will be the exchange rates as per Reserve Bank of India rounded off to nearest Rupee applicable at the time of RFP invitation). b) The currency conversion rate for the respective years shall be mentioned for other International currencies. B - Consultant’s Experience 1. List only previous similar assignments completed in the last [ 7 ] years. i) List only those assignments for which the Consultant was legally contracted by the client directly or was one of the joint venture members. Assignments completed by the Consultant’s individual experts working privately or through other consulting firms cannot be claimed as the relevant experience of the Consultant or that of the Consultant’s partners or Sub-consultants - but can be claimed in their CVs. The Consultant should be prepared to substantiate the claimed experience by presenting copies of relevant documents and references, as requested by the Procuring Entity. Experience as Authority Engineer/Independent Consultant/Construction supervision of Highway projects, separately for PPP and non-PPP Projects during the last 7 years. *** S Projects Type of Description Client (with Total Fee Fee received %age of Approx. Period No Name / Year Services of Highway complete for the by Applicant (in total fee Cost of Sole rendered Project/ address, Consultancy case of received Highway Consultant/ Length contact Assignment JV/Association) by the Project Prime (kms) person, (INR) firm Consultant of Telephone JV / minor Nos. and Authority’s Fax Nos.) Engineer of JV/ /as associate consultant 1 2 3 4 5 6 7 8 9 10 A. Completed / Substantially completed projects:S Projects Type of Description Client (with Total Fee Fee received %age of Approx. Period No Name / Year Services of Highway complete for the by Applicant (in total fee Cost of Sole rendered Project/ address, Consultancy case of received Highway Consultant/ Length contact Assignment JV/Association) by the Project Prime (kms) person, (INR) firm Consultant of Telephone JV / minor Nos. and Authority’s Fax Nos.) Engineer of JV/ /as associate consultant 1. 2. 3. B. Projects in progress: 1. 2. 3. ii) Experience in DPR/ Feasibility Study cum Preliminary Design Report preparation of 2/4/6 laning / Bridge Highway Projects separately for the PPP and non-PPP projects during the last 7 years. *** S No Projects Name / Type Length Client Total Fee Fee received by %age of Period Year of (with for the Applicant total fee Sole of Project Complete Consultancy (in case of received Consultant/ Services (kms) address, Assignment JV/Association) by the firm Prime Rendered contact (INR) ca Consultant of JV / person, se of JV) minor Authority’s telephone Engineer of JV/ /as Nos. and associate Fax Nos.) consultant 1 2 3 4 5 6 7 8 9 ***a) 2/4/6 lane/Bridge work as applicable for the project for which RFP is invited. For 2- lane projects experience of 4/6 lane also to be considered with a multiplication factor of 1.5. Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. For 4/6 lane projects, experience of 2 lane will be considered with a multiplication factor of 0.4, but only for those 2-lane projects whose cost of consultancy services was more than Rs.3.0 crores. For standalone bridge projects, experience in bridge work (either standalone project or as a part of road project) only be considered. b) Only those projects, to be included in the table which are Highways Projects and for which clients certificates from the concerned Government agencies are enclosed with the proposal. c) The details of bridges having length more than 200m (500m in case the project consist of bridges of length more than 500m) in the listed projects is to be specifically mentioned. d) The weightage given for experience of a firm would depend on the role of the firm inthe respective assignments. The firm’s experience would get full credit if it was the sole firm in the respective assignment. If the applicant firm has completed projects as JV with some other firms, weightage shall be given as per the JV share***. However if the applicant firm has executed the project as associate with some other firms, 25% weightage shall be given to the applicant firm for the projects completed under such association e) For weightage of experience in any past Consultancy assignment, experience certificate from the client shall be submitted. In absence of clear demarcation of JV share in client certificate, the weightage will be treated as 60 % for lead partner and 40% for minor partner. Annual turnover duly certified by Chartered Accountant shall be accepted. In case of non-availability of such documents no weightage of turnover/experience will be considered. iii) Assignments on hand including those for which the Letter of Acceptance from the clients received as on 7 days prior to due date for submission of proposals: The details shall be given in the following format. S. Name of Client Role of the Date of Date of Present Team Members provided No Assignment firm letter of Agreemen status of by the firm Sole, Lead/ Acceptance t if signed Assignment Other in JV or sub- Name DOB Position consultant (1) (2 (3) (4) (5 (6 (7 (8) (9) (10) ) ) ) ) Key Personnel Number of key personnel employed Sole Applicant JV (1) (Lead Member in case of JV) Team Leader cum Senior Highway Engineer Resident cum Highway Engineer Bridge/Structural Engineer Senior Pavement Specialist Senior Quality cum Material Expert Road Safety Expert 2. FACILITY FOR FIELD INVESTIGATION AND TESTING 1. State whether applicant has in-house (created in house at site)/ outsourced/ not available facility for • Surface defects detection and roughness measurement using Network Survey Vehicle • Pavement strength measurement using FWD • Bridge inspection using Mobile Bridge Inspection Unit• Road signs inspection using Retro Reflectometer 2. In-case answer to 1 is available (created in house at site) a list of field investigation and testing equipment is to be attached 3. In case answer to 1 is outsourced/not available – arrangements made or proposed to be made for each of the above field investigations is to be attached 4. For experience in NSV, FWD, MBIU and reflectometer, references need to be provided in the following format: REFERENCES Relevant Services Carried Which Best Illustrate Qualifications The following information should be provided in the format below for each reference assignment for which your firm, either individually as a corporate entity or as one of the major companies within a consortium, was legally contracted by the client: Assignment Name: Country: Location within Country: Professional Staff Provided by your firm: Name of Client : No. of Staff : Address : No. of Staff Months : Technology Used: Start Date Completion Date Approx. Value of Services in INR/current USD): (Month / Year) (Month / Year) Name of JV/Association Firm(s)if any: No. of Months of Professional Staff provided by Associated Firm(s) Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate Narrative Description of Project : Description of Actual Services Provided by your Company: Signature of Authorised Representative (Certificate from Employer regarding experience should be furnished)Form T-2A Format for Technical Capacity of Applicants (TO BE FILLED BY THE SOLE CONSULTANT & IN CASE OF JV, SEPARATELY BY JV MEMBERS BIDDING FOR THE ASSIGNMENT) Details of all in-hand AE/ IE/ SC projects or AE/ IE/ (i) SC awarded by MoRTH or its executing agencies for NH works and centrally sponsored road works: Sl. Project Civil works Start Scheduled Whether In case of JV, No. Description Provisionally Date Completion awarded in share of completed or Current Financial Contract Fee Original assignment Year (%) period+ one year lapsed (Yes/ No) (Yes/ No) 1 2 3 4 5 6 7 Format for undertaking by the firm for in-hand AE/ IE/ SC Projects: The undersigned on behalf of --------------------------------- (name of consulting firm) certify that the firm do not have any other in-hand/ awarded AE/ IE/ SC project other than those listed above. Date (dd/mm/yyyy) [Signature of authorized representative of the Firm] Note 1: The figures in Col 7 be rounded off to the nearest integer i.e. in case remaining bid-capacity comes to 0.5 or more then it will be considered as 1, in case less than 0.5 then it will be considered as 0 (Zero). Note 2: Clarification for technical capacity utilised in case of JV with other firm than proposed in current assignment. In case Firm-1 proposes for new JV with other partner, then capacity utilisation will be calculated on the basis of JV share in existing assignments e.g. JV in one project with 30% share:-One projectX0.3=0.3 JV in one project with70% share:-One projectX0.7=0.7 JV in one project with 50% share:-One projectX0.5=0.5 JV in two projects with 80% share:-Two projectX0.8=1.6 The weighted utilization of the Capacity of Firm-1=3.1 Note 3: The Consultant shall re-submit the bid capacity details as per above format at the time of opening of Financial Bid. Form T-3: Comments and Suggestions on the Terms of Reference, Counterpart Staff, and Facilities to be provided by the Procuring Entity (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal) (Along with supporting documents, if any) (on Consultant’s Letter-head) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. Form T-3: Comments and Suggestions on the areas that have not been provided or any changes *to the existing provisions of the Terms of Reference, Counterpart Staff, and Facilities to be provided by the Procuring Entity that could improve the quality/effectiveness of the assignment. Specifically mention where your proposal deviates from Section VI: Terms of Reference. A - ON THE TERMS OF REFERENCE Note: Suggest and justify any modifications or improvements to the Scope of Work you are proposing to improve performance in carrying out the assignment (such as deleting some activity you consider unnecessary, adding another, or proposing a different phasing of the activities). Such suggestions should be concise, to the point, and incorporated into your proposal. Consultants must maintain the same numbering and structure as in Section VI: ‘Terms of Reference’ and Section VI-A: List of Key Experts and Required Qualifications. B - ON COUNTERPART STAFF AND FACILITIES & OTHER AREAS {Comments on counterpart staff and facilities to be provided by the Procuring Entity. For example, administrative support, office space, etc., if any}Form T-4: Description of Approach, Methodology a nd Work Plan in Responding to the Terms of Reference (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal) (on Consultant’s Letter-head) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Consultant’s Name_________________________ [Address and Contact Details] Consultant’s Reference No.___________________________ nce Date………. Form T-4: a description of the approach, methodology for quality control and work plan for performing the assignment, including a detailed description of the proposed methodology and staffing for training if the Terms of Reference specify training as a specific component of the assignment. {Suggested structure of your Response: a) Technical Approach and Methodology b) Work Plan c) Organization and Staffing} A) Technical Approach and Methodology {Please explain your understanding of the objectives of the assignment as outlined in the ‘Terms of Reference’ (TORs), the technical approach, and the methodology you would adopt for implementing the tasks to deliver the expected output(s), and the degree of detail of such output. Please do not repeat/copy the TORs here.} B) Work Plan. {Please outline the plan for implementing the main activities/tasks of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Procuring Entity), and tentative delivery dates of the reports. The proposed work plan should be consistent with the technical approach and methodology, showing your understanding of the TOR and ability to translate them into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with Form T-5: ‘Work Schedule and Planning of Deliverables’.} C) Organization and Staffing. {Please describe the structure and composition of your team, including the list of the Key Experts, Non-Key Experts, and relevant technical and administrative support staff. The Organization and staffing should be consistent with Form T-6: ‘Team Composition, Assignment, and Key Experts’ Inputs.} …………………….. (Signature with date) ……………………….. (Name and designation) Duly authorized to sign Proposal for and on behalf of………………………………………. [name, address, and seal of Consultant ] DA: Relevant documents like technical data, literature, drawings, and other documentsForm T-5: Work Schedule and Planning for Deliverables3 (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal) (on Consultant’s Letter-head) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. {Please outline the Plan for implementing the main activities/ tasks of the assignment, their content and duration, phasing and interrelations, milestones (including interim approvals by the Procuring Entity), and tentative delivery dates of the deliverables. The proposed work plan should be consistent with the technical approach and methodology, showing your understanding of the ToR, any challenges likely to be encountered during the programmatic implementation, the mitigations proposed and the ability to translate them into a feasible working plan. A list of the final documents (including reports) to be delivered as final output(s) should be included here. The work plan should be consistent with the Work Schedule Form.} A. Activity Schedule Month wise Program(information of Bar Chart) [1st,2nd, etc. are months from the start of assignment] S Item of Activity 1 2 3 4 5 6 7 8 9 1 1 1 r (Works) s n r t t t t t t 0 1 2 t d d h h h h h h . t t t h h h N o . 1 ......................... ....................... 2 ......................... ....................... 3 ......................... ....................... 4 ......................... ....................... - ......................... ....................... - ......................... .......................B. Completion and Submission of Reports S Reports : Program r me Date) . N o 1 Monthly reports (Design and Construction) 2 Quarterly Reports 3 Various others reports as provided in the Concession Agreement such as Completion ReportForm T-6: Team Composition, Assignment, and Key Experts’ Inputs (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal) (on Consultant’s Letter-head) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. Note to Consultants: RFP indicates key Personnel (Managers/ Supervisors/ Executives/ Specialists/ Technicians) and the number of non- key staff required to perform the services to the required performance standards and quality. The consultant shall quote the cost of these personnel in the Financial Proposal. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL 2. Technical/Managerial Staff Sl. No. Name Position Task 1 2 3 4 … … i. Support Staff Sl. No. Name Position Task1 2 3 4 … …Annex to Form T-6: Key Expert Curriculum Vitae (CV) (For all Key Experts separately) (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal) (Along with supporting documents, if any) (on Consultant’s Letter-head) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date……… . Proposed Position : ……………………………………………… Photograp h Name of Firm:..................................................................................... ... Name of Staff :........................................................................................ Profession :.............................................................................................. Date of Birth : YearswithFirm/Entity: ...........................................Nationality:.............................. Membership of Professional Societies :......................................................................... Detailed Task Assigned : Please attach printout of CV along with all the relevant details uploaded on infracon portal. Certification by the Candidate I, the undersigned,(Name and Address) undertake that this CV correctly describes myself, my qualifications and my experience and Employer would be at liberty to debar me if any information given in the CV, in particular the Summary of Qualification & Experience vis-à-vis the requirements as per TOR is found incorrect. I further undertake that I have neither been debarred by <Agency> or any other central/stage government organization nor left any assignment with th e consultants engaged by Employer / contracting firm (firm to be supervised now)for any continuing work of Employer without completing my assignment. I will be available for the entire duration of the current project (named… ).If I leave this assignment in the middle of the work, Employer would be at liberty to debar me from taking any assignment in any of the Employer works for an appropriate period of time to be decid ed by the Employer. I have no objection if my services are extended by the Employer for this work in future. I further undertake that my CV is being proposed for this project by (the applicant firm) and I have not given consent to any other consultant(s) to propose my CV for any position for this project. I further undertake that if due to my inability to work on this project due to unavoidable circumstances, due to which consultant’s firm is forced to seek replacement. In such unavoidable circumstances, I shall not undertake any employment in Employer projects during the period of assignment of this project and Employer shall consider my CV invalid till such time. I undertake that I have no objection in uploading/hosting of my credentials by Employer in public domain. For Key Personnel having intermittent inputs, add the following: I further certify that I am associated with the following assignments as on date (as on 7 days prior to due date for submission of proposal) including those for which LOA has been received by the firm and the inputs in these assignments shall not effect the work of the current assignment. Name of Assignment Client Date of Likely start Likely end Total input of the LOA (Month / Year) (Month / Year) person (man- months) Adequacy for the Assignment: Detailed Tasks Assigned on Consultant’s Reference to Prior Work/Assignments that Team of Experts: Best Illustrates Capability to Handle the Assigned Tasks {List all deliverables/tasks as in FORM T- 5 in which the Expert shall be involved)Expert’s contact information: (e-mail …………………., phone ............... ) Date (Signature of Key Personnel) (Day/Month/Year) The Authority’s Engineer should carryout self-evaluation based on the evaluation criteria at Appendix-EC and furnish the same here. While submitting the self- evaluation along with bid, Authority’s Engineer shall make references to the documents which have been relied upon in his self-evaluation. Certification by the firm The undersigned on behalf of ----------( name of consulting firm) certify that Shri (name of proposed personnel) to the best of our knowledge has neither been debarred by <Agency> or any other Central/State Government organization nor left his assignment with any other consulting firm engaged by the Employer /Contracting firm(firm to be supervised now) for the ongoing projects. We understand that if the information about leaving the past assignment is known to the Employer, Employer would be at liberty to remove the personnel from the present assignment and debar him for an appropriate period to be decided by the Employer. …………………………………………………………..Date ..... (Day/Month/Year) [Signature of authorized representative of the Firm] a) Deleted. b) Deleted. c) Deleted. d) Deleted. e) Deleted. f) DeletedForm T-7: Terms and Conditions - Compliance (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal) (on Consultant’s Letter-head) Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Note to Consultants: Fill up this Form regarding Terms and Conditions in the RFP Document, maintaining the same numbering and structure. Add additional details not covered elsewhere in your Proposal in this regard. Sl. No. Ref of RFP Document Subject Confirmation/ Justification/ Section, Clause Deviation/ Reason Exception/ Section Clause/ reservation sub-clause We shall comply with, abide by, and accept without variation, deviation, or reservation all terms and conditions of the RFP Document, except those mentioned above. If mentioned elsewhere in our Proposal, contrary terms and conditions shall not be recognised and shall be null and void. …………………….. (Signature with date) ……………………….. (Name and designation) Duly authorized to sign Proposal for and on behalf of ………………………………………. ………………………………………. [name, address, and seal of Consultant ] DA: If any, at the option of the Consultant.Form T-8: Checklist for Consultants (Ref ITC-clause 9.2) (To be submitted as part of Technical Proposal) (on Consultant’s Letter-head) Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Note to Consultants: This checklist is merely to help the Consultants prepare their Proposals; it does not override or modify the tender requirement. Consultants must do their own due diligence also. Sr Documents submitted, duly filled, signed Yes/ No/ NA 1. Form T-1.- Proposal Form (to serve as covering letter and declarations applicable for both the Techno-commercial and Financial Proposal) 2. Form T-1A: Consultant’s Commercial Information, Power of attorney, Registration Certificates, etc. 3. Form T-2: Consultant’s Organisation and Experience 4. Form T-3: Comments and Suggestions on Terms of Reference… 5. Form T-4: Description of Approach, Methodology and Work Plan… 6. Form T-5: Work Schedule and Planning of Deliverables 7. Form T-6: Team Composition, Assignment and Key Experts’ Inputs. Annex containing all CVs 8. Form T-7: Terms and Conditions - Compliance 9. Form T-8: This Checklist – was ticked appropriately 10. Form T-9A: Bank Guarantee Format for Earnest Money Deposit or Form T-9B: Bid Securing Declaration – as applicable 11. Form T-10: Duly signed Integrity Pact, If stipulated in AITC. 12. Financial Proposal was separately uploaded 13. Any other requirements, if stipulated in TIS/ AITC; or if considered relevant by the ConsultantForm T-9A: Bank Guarantee Format for Earnest Money Deposit (The Bank Guarantee shall be on a Stamp Paper of appropriate value in accordance with Stamp Act and shall be purchased in the name of the guarantee issuing Bank or the Party on whose behalf the BG is being issued.) (Ref ITC-clause 13.1.2 and GCC-clause 5.8) Ref Bank Guarantee No…………… Date……………………………... To The President of India, through Head of Procurement Procuring Organisation [Complete address of the Procuring Entity] Whereas M/s……………………………………………………with its Registered/ Head Office at…………………………. (name and address of the Consultant, hereinafter called “the Consultant”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) has undertaken to submit a proposal, in pursuance of Tender no ……….. date……………. (hereinafter called “the Tender”). And Whereas you (unless repugnant to the context or meaning thereof, including your successors, administrators, executors, and assigns) have stipulated in the said Tender that the Consultant shall furnish you with a bank guarantee by a Commercial bank for the sum specified therein as Earnest Money Deposit for compliance with its obligations as per the Tender; And Whereas we …………………… with our Head Office at…………………………. (name and address of the Bank, hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) have agreed to give the Consultant such a bank guarantee. Now, Therefore, we hereby affirm that we are guarantors and responsible to you, on behalf of the Consultant, up to a total of …………………………………………………….(amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the Consultant to be in default under the Tender and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein, notwithstanding any difference between you and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. Form T-9A: Bank Guarantee Format for Earnest Money Deposit [125]We hereby waive the necessity of your demanding the said debt from the Consultant before presenting us with the demand. The Bank undertakes not to revoke this guarantee during its currency without your previous consent and further agrees that the guarantee herein contained shall continue to be enforceable till you discharge this guarantee. This guarantee will not be discharged due to a change in the constitution of the Bank or the Consultant’s. We further agree that no change or addition to or other modification of the terms of the Tender made by you shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall be valid until the ………….day of …….20…… Our………………………………….branch at………………*(Name & Address of the ………….…………..*(branch) is liable to pay the guaranteed amount depending on the filing of a claim and any part thereof under this Bank Guarantee only and only if you serve upon us at our .................... * branch a written claim or demand and received by us at our …………………..* branch on or before Dt… .......... otherwise, the bank shall be discharged of all liabilities under this guarantee after that. (Signature of the authorized officer of the Bank) …………………………………………. …………………………………………. Name and designation of the officer ………………………………………… Seal, name & address of the Bank and address of the Branch *Preferably at the authority's headquarters competent to sanction the expenditure for procurement of goods/services or at the concerned district headquarters or the state headquarters.Form T-9B: Bid Securing Declaration Consultants exempted from submission of Bid Security are also required to submit this. (on Consultant’s Letter-head) Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. To The President of India, through Head of Procurement Procuring Organisation [Complete address of the Procuring Entity] Ref: RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Sir/ Madam We, the undersigned, solemnly declare that: We understand that according to this RFP document's conditions, the Proposal must be supported by a Bid Securing Declaration in lieu of Bid Security. We unconditionally accept the conditions of this Bid Securing Declaration. We understand we (all members individually and jointly in case of JV/C) shall stand automatically suspended from being eligible for bidding in any tender in Procuring Organisation for 2 years from the date of opening of this Proposal if we breach our obligation(s) under the tender conditions if we: Withdraw/ amend/ impair/ derogate, in any respect, from our Proposal, within the Proposal validity; or Being notified within the Proposal validity of the acceptance of our Proposal by the Procuring Entity: (a) Refused or failed to produce the original documents for scrutiny or the required Performance Security within the stipulated time under the RFP document's conditions. (b) Fail or refuse to sign the contract. We know that this Proposal-Securing Declaration shall expire 1) If the contract is not decided - forty-five days after the expiration of the Proposal validity, any extension to it. 2) If the contract is not awarded to us - not later than thirty days after the conclusion of the resultant contract, or Form T-9B: Bid Securing Declaration [127]3) If the contract is awarded to us - after receipt of performance security from them (Signature with date) ……………………….. (Name and designation) Duly authorized to sign Proposal for and on behalf of………………………. [name, address, and seal of Consultant ] Dated on …………. day of ................ [insert date of signing] Place… ........................................... [ insert place of signing] DA:…………………………………………………Form T-10: Integrity Pact (If stipulated in TIS, ref Claus 9.2.1 of ITC) (To be signed on Plain Paper) (To be submitted as part of Technical Proposal) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services This Agreement (hereinafter called the Integrity Pact) is made on day of the month of 202 at , India. BETWEEN Procuring Organisation, ----------------------------------- through Head of the Procuring Organisation, for and on behalf of President of India (hereinafter called the “The Principal”, which expression shall mean and include unless the context otherwise requires, his successors in office and assigns) of the First Part AND M/ s. (hereinafter called the “The Consultant”, which expression shall mean and include unless the context otherwise requires, his successors and permitted assigns) of the Second Part. PREAMBLE ‘The Principal’ intends to award, under laid down organizational procedures, contract/ s for , ‘The Principal’ values full compliance with all relevant laws of the land, rules, regulations, economical use of resources and fairness/ transparency in its relations with its Consultant(s) and/ or Consultant(s). In order to achieve these goals, the Principal shall appoint Independent External Monitors (IEMs) who shall monitor the Procurement Process and the execution of the contract for compliance with the abovementioned principles. Section 1 - Commitments of the ‘The Principal’ (1) ‘The Principal’ commits itself to take all measures necessary to prevent corruption and to observe the following principles: - a. No employee of the Principal, personally or through family members, shall, in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. b. The Principal shall, during the Procurement Process, treat all Consultant(s) with equity and reason. The Principal shall, in particular, before and during the Procurement Process, provide to all Consultant(s) the same information and shall not provide to any Consultant(s) confidential/ additional information through which the Consultant(s) could obtain an advantage in relation to the Procurement Process or the contract execution. c. The Principal shall exclude from the process all known prejudiced persons. (2) If the Principal obtains information on the conduct of any of its employees, which is a criminal offence under the IPC/ PC Act, or if there be a substantive suspicion in thisregard, the Principal shall inform the Chief Vigilance Officer and in addition, can initiate disciplinary actions. Section 2 - Commitments of the ‘Consultant’ (1) The ‘Consultant’ commit themselves to take all measures necessary to prevent corruption. The ‘Consultant’ commit themselves to observe the following principles during participation in the Procurement Process and during the contract execution. a. The ‘Consultant’ shall not, directly or through any other person or firm, offer, promise, or give to any of the Principal’s employees involved in the Procurement Process or the execution of the contract or to any third person any material or other benefit which he is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Procurement Process or during the execution of the contract. b. The ‘Consultant’ shall not enter any undisclosed agreement or understanding with other Consultants, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of Proposals or any other actions to restrict competitiveness or to introduce cartelisation in the Procurement Process. c. The ‘Consultant’ shall not commit any offence under the relevant IPC/ PC Act; further, the ‘Consultant’ shall not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals, and business details, including information contained or transmitted electronically. d. The ‘Consultant’ of foreign origin shall disclose the name and address of the Agents/ representatives in India, if any. Similarly, the Consultant/ Contractors of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further details, as mentioned in the “Guidelines on Indian Agents of Foreign Suppliers”, shall be disclosed by the Consultant. Further, as mentioned in the Guidelines, all the payments made to the Indian agent/ representative must be in Indian Rupees only. A copy of the “Guidelines on Indian Agents of Foreign Suppliers” is placed in the Appendix to this agreement. e. The ‘Consultant’ shall, when presenting their Proposal, disclose any and all payments made, are committed to, or intends to make to agents, brokers, or any other intermediaries in connection with the contract award. f. Consultant who has signed the Integrity Pact shall not approach the Courts while representing the matter to IEMs and shall wait for their decision in the matter. (2) The ‘Consultant’ shall not instigate third persons to commit offences outlined above or be an accessory to such offences. Section 3 - Disqualification from Procurement Process and exclusion from future contracts If the ‘Consultant’, before award or during execution, has committed a transgression through a violation of Section 2, above or in any other form such as to put their reliability or credibility in question, the Principal is entitled to disqualify the ‘Consultant’ from theProcurement Process or take action as per the procedure mentioned in the “Guidelines on Banning of business dealings”. Section 4 - Compensation for Damages (1) If the Principal has disqualified the ‘Consultant’ from the Procurement Process prior to the award according to Section 3, the Principal is entitled to demand and recover from the ‘Consultant’ the damages equivalent to Earnest Money Deposit/ Bid Security. (2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Consultant liquidated damages of the contract value or the amount equivalent to Performance Bank Guarantee. Section 5 - Previous transgression (1) Consultant declares that no previous transgressions occurred in the last three years with any other Company in any country conforming to the anti-corruption approach or with any Public Sector Enterprise in India that could justify his exclusion from the Procurement Process. (2) If the Consultant makes an incorrect statement on this subject, he can be disqualified from the Procurement Process, or action can be taken as per the procedure mentioned in “Guidelines on Banning of business dealings”. Section 6 - Equal treatment of all Consultants/ Contractors/ Subcontractors (1) In the case of Sub-contracting, the Principal Consultant shall take responsibility for the adoption of the Integrity Pact by the Sub-contractor. (2) The Principal shall enter into agreements with identical conditions as this one with all Consultants and Contractors. (3) The Principal shall disqualify from the Procurement Process all Consultants who do not sign this Pact or violate its provisions. Section 7 - Criminal charges against violating Consultant(s)/ Consultant(s)/ Subcontractor(s) If the Principal obtains knowledge of the conduct of a Consultant, Consultant or Subcontractor, or of an employee or a representative or an associate of a Consultant, Consultant or Subcontractor, which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal shall inform the same to the Chief Vigilance Officer. Section 8 - Independent External Monitor (1) The Principal appoints a competent and credible Independent External Monitor for this Pact after approval by Central Vigilance Commission. The task of the Monitor is to review independently and objectively whether and to what extent the parties comply with the obligations under this agreement. (2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. The Monitor would have access to all Contract documents whenever required. It shall be obligatory for him/ her to treatthe information and documents of the Consultants/ Contractors as confidential. He/ she reports to the Head of the Procuring Organisation. (3) The Consultant(s)/ Consultant(s) accepts that the Monitor has the right to access, without restriction, all Project documentation of the Principal, including that provided by the Consultant. The Consultant shall also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to their project documentation. The same is applicable to Sub-contractors. (4) The Monitor is under contractual obligation to treat the information and documents of the Consultant(s)/ Sub-contractor(s) with confidentiality. The Monitor has also signed declarations on ‘Non-Disclosure of Confidential Information’ and of Absence of Conflict of Interest. In case of any conflict of interest arising at a later date, the IEM shall inform the Head of the Procuring Organisation and recuse himself/ herself from that case. (5) The Principal shall provide to the Monitor sufficient information about all meetings among the parties related to the Project, provided such meetings could have an impact on the contractual relations between the Principal and the Consultant. The parties offer the Monitor the option to participate in such meetings. (6) As soon as the Monitor notices, or believes to have noticed, a violation of this agreement, he shall so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can, in this regard, submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action, or tolerate action. (7) The Monitor shall submit a written report to the Head of the Procuring Organisation within 8 to 10 weeks from the date of reference or intimation to him by the Principal and, should the occasion arise, submit proposals for correcting problematic situations. (8) If the Monitor has reported to the Head of the Procuring Organisation a substantiated suspicion of an offence under the relevant IPC/ PC Act, and the Head of the Procuring Organisation has not, within the reasonable time, taken visible action to proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner. (9) The word ‘Monitor’ would include both singular and plural. Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Consultant 12 months after the last payment under the contract and for all other Consultants 6 months after the contract has been awarded. Any violation of the same would entail disqualification of the Consultants and exclusion from future business dealings. If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above unless it is discharged/ determined by the Head of the Procuring Organisation.Section 10 - Other provisions (1) This agreement is subject to Indian Law. The place of performance and jurisdiction is the Registered Office of the Principal, i.e., New Delhi. (2) Changes and supplements, as well as termination notices, need to be made in writing. Side agreements have not been made. (3) If the Consultant is a partnership or a consortium, this agreement must be signed by all partners or consortium members. (4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties shall strive to come to an agreement with their original intentions. (5) Issues like Warranty/ Guarantee etc., shall be outside the purview of IEMs. (6) In the event of any contradiction between the Integrity Pact and its Appendix, the Clause in the Integrity Pact shall prevail. For and on behalf of the Principal (Name of the Officer and Designation) (Office Seal) For and on behalf of ‘Consultant.’ (Name of the Officer and Designation) (Office Seal) For and on behalf of the Principal Place Date Witness 1: (Name & Address) Witness 2: (Name & Address) ≤══≥Appendix to Integrity Pact Guidelines for Indian Agents of Foreign Suppliers 1.0 There shall be compulsory registration of agents for all Global (Open) Tender and Limited Tender. An agent who is not registered with ‘The Principal’ shall apply for registration in the registration form with the appropriate unit. 1.1 Registered agents shall file an authenticated Photostat copy duly attested by a Notary Public/ Original certificate of the Principal confirming the agency agreement. It should cover - the precise relationship, services to be rendered, and mutual interests in business - generally and/ or specifically for the tender. Any commission/ remuneration/ salary/ retainership, which the agent or associate receives in India or abroad from the Principal, whether should be brought on record in the Agreement and be made explicit. 1.2 Wherever the Indian representatives have communicated on behalf of their principals and the foreign parties have stated that they are not paying any commission to the Indian agents, and the Indian representative is working on the basis of salary, or a retainer, a written declaration to this effect should be submitted by the party (i.e., Principal) before finalizing the order. 2.0 Disclosure of particulars of agents/ representatives in India, if any. 2.1 Consultants of Foreign nationality shall furnish the following details in their offers: 2.1.1 The ‘Consultant’ of foreign origin shall disclose the name and address of the agents/ representatives in India, if any and the extent of authorization and authority given to commit the Principals. In case the agent/ representative be a foreign Company, it shall be confirmed whether it is an existing Company and details of the same shall be furnished. 2.1.2 The amount of commission/ remuneration included in the quoted price(s) for such agents/ representatives in India. 2.1.3 Confirmation of Consultant that the commission/ remuneration, if any, payable to his agents/ representatives in India, may be paid by ‘The Principal’ in Indian Rupees only. 2.2 Consultants of Indian Nationality shall furnish the following details in their offers: 2.2.1 The ‘Consultant’ of Indian Nationality shall furnish the name and address of the foreign principals, if any, indicating their nationality as well as their status, i.e., whether manufacturer or agents of manufacturer holding the Letter of Authority of the Principal authorizing the agent specifically to make an offer in India in response to tender either directly or through the agents/ representatives. 2.2.2 The amount of commission/ remuneration included in the price (s) quoted by Consultant for himself. 2.2.3 Confirmation of the foreign principals of Consultant that the commission/ remuneration, if any, reserved for Consultant in the quoted price(s), may be paid by ‘The Principal’ in India in equivalent Indian Rupees on satisfactory completion of the Project or supplies of Services. 2.3 In either case, in the event of contract materializing, the terms of payment shall provide for payment of the commission/ remuneration, if any, payable to the agents/ representatives in India in Indian Rupees on expiry of 90 days after the discharge of the obligations under the contract. 2.4 Failure to furnish correct and detailed information as called for in clauses above shall render the concerned Proposal liable to rejection or, in the event of a contract materializing, the same liable to termination by ‘The Principal’. Besides this, there would be a penalty of banning business dealings with ‘The Principal’ or damage or payment of a named sum.FORMATSFormat 1: Contract Form (Ref ITC-clause 13) The President of India, through Head of Procurement Procuring Organisation [Complete address of the Procuring Entity] Contract No…………. dated……………. To Consultant [Write Name] [Complete address of the Consultant] Subject: --------------------------------------------------------------------------------------------- Ref: 1. This office’s Letter of Award No……………..….. dated …….. 2. This office RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services, dated…………. and subsequent Amendment No.…………., dated .......... (If any). (Hereinafter referred to as ‘the RFP Document’) 3. Your Tender No……… dated…….. and subsequent communication(s)/ Revised Offer No………… dated …….. (If any), exchanged between you and this office in connection with this tender. (Hereinafter referred to as ‘Your Offer’) Dear Sir/ Madam, Your Proposal referred above, read with subsequent letters mentioned above, for the Services stipulated in the Schedules annexed herewith, have been accepted. Terms and conditions in this Contract and the documents listed in the clause below shall apply. Note: The words, expressions, definitions, and abbreviations used in this Contract shall have the same meanings as those assigned in the General Condition of Contract enclosed. 2) The following documents attached hereto shall be deemed to form an integral part of this Contract: a) The General Conditions of the Contract; b) The Special Conditions of the Contract;Procurement of Consultancy Services c) Appendices: i) Appendix A: Terms of Reference ii) Appendix B: Key Experts iii) Appendix C: Remuneration Cost Estimates iv) Appendix D: Reimbursable Cost Estimates v) Appendix E-1: Bank Guarantee Format for Performance Security vi) Appendix E-2: Bank Guarantee Format for Advance Payments In the event of any inconsistency between the documents, the following order of precedence shall prevail: this Contract Form; the Special Conditions of Contract; the General Conditions of Contract; Appendix A; Appendix B; Appendix C and Appendix D; Appendix E-1; and Appendix E-2. Any reference to this Contract shall include, where the context permits, a reference to its Appendices. 3) Key Information a) Summary of Costs Name of Work: Procurement of Consultancy Services Tender No: Tend No./ xxxx Name of the Bidder/ Bidding Firm/ Company: Remuneration CGST SGST %age IGST %age Cess %age Reimbursables Total Cost as per %age And And Amount And Amount And as per Appendix Contract with Appendix C Amount Amount D Taxes 1 2 3 4 5 6 7 8 %age of GST Cost in Figs Cost in Words b) Timelinesi) Effective Date of The Contract as per Work Plan in Appendix A ii) Completion Date of the Services as per Work Plan in Appendix A 4) The mutual rights and obligations of the Procuring Entity and the Consultant shall be as outlined in the Contract, in particular: a) the Consultant shall carry out the Services in accordance with the provisions of the Contract; and b) the Procuring Entity shall make payments to the Consultant in accordance with the provisions of the Contract. (Signature, name and address of [Procuring Entity]’s authorized, official) For and on behalf of the President of India Received and accepted this Contract …………………………………………………….. (Signature, name, and address of the Consultant’s executive duly authorized to sign on behalf of the Consultant. For a joint venture, either all members shall sign or only the lead member, in which case a power of attorney to sign on behalf of all members shall be attached.) For and on behalf of ……………………… (Name and address of the Consultant) ……………………. (Seal of the Consultant) Place: Date:Appendix A: Description of Services RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Contract No ; Date Consultant’s Name [This Appendix shall include the final Terms of Reference (TORs), Approach, Methodology and Work Schedule and Planning of Deliverables, worked out by the Procuring Entity and the Consultant during the negotiations; dates for completion of various tasks; location of performance for different tasks; detailed reporting requirements; Procuring Entity’s input, including counterpart personnel assigned by the Procuring Entity to work on the Consultant’s team; specific tasks that require prior approval by the Procuring Entity.] Terms Reference Insert the text based on Section VI (Terms of Reference) of the RFP and modify it based on Forms T-1 through Form T-7 in the Consultant’s Proposal. Highlight the changes to Section VI of the RFP]Approach, Methodology and Quality Control plan Insert the text based on Form T-4 in the Consultant’s Proposal as negotiated between the Procuring Entity and the Consultant.Work Schedule and Planning for Deliverables Insert the text based on Form T-5 in the Consultant’s Proposal as negotiated between the Procuring Entity and the Consultant.Appendix B: Key Experts RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Contract No ; Date Consultant’s Name [Insert a table based on Form T-6 of the Consultant’s Technical Proposal and finalized at the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key Experts) demonstrating the qualifications of Key Experts.] The Consultants Key personnel and all other Professional / Sub Professional / Support Staff/Sub-Consultancy personnel shall work 6 days (Mondays through Saturday) every week and observe the Gazetted Holidays of Government of India as Holidays. The Consultant shall work as per the work program of the EPC Contractor. In this context in case the work plan of the Consultant needs suitable modifications, the same shall be carried out and submitted to the client for consideration. The Consultants hours of work normally shall match with that of Contractor’s activities on the site. No extra remuneration shall be claimed or paid for extra hours of work required in the interest of Project completion. ln addition, casual Leave for 12 days shall be permitted in a year to each Key Personnel/ Sub-Professional with prior intimation to the Authority. Out of this, a maximum of 3 CLs can be awaited either separately or together in a quarter and the period of the CLs would be counted as Key Personnel /Sub Professional being on duty. In respect of foreign personnel, one day per trip as travel time from and to the country of the Government shall be allowed.APPENDIX C-: FINANCIALPROPOSALSUBMISSIONFORM FROM: (Name of Firm) Subject: We, the undersigned, offer to provide the consulting services for the above in accordance with your Request for Proposal dated [Date], and our proposal. Our attached financial proposal is for the sum of [Amount in words and figures]. This amount is exclusive of the local taxes which we have estimated at (Amount in Words and Figures). The percentage of overhead charges on the remuneration as mentioned in Serial no. I of Appendix C-1 (Summary of cost) w.r.t. the professional staff shall be [Amount in words and figures] Our financial proposal shall be binding upon us upto the expiration of the validity period of the proposal, i.e., [Date]. We undertake that, in competing for (and, if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”. Commission and gratuities, if any, paid or to be paid by us to agents relating to this proposal and contract execution, if we are awarded the contract, are listed below: Name and Address of Agents ............................... ............................... Amount and Currency ........................... ........................... Purpose of Commission or Gratuity ……..………………… ………………………. We understand you are not bound to accept any proposal you receive. We remain, Yours sincerely, Managing Director/Head of the firm/ Authorised Representative of the firm* Name of the firm Address *Lead Member in case of JVAPPENDIX C-1 Remuneration Cost Estimates (To be filled by the Authority before inviting Bid and amount to be filled by bidder) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Contract No ; Date Consultant’s Name No. Description Amount (Rs.) I Remuneration for Local Professional Staff II Supporting Staff III Transportation IV Duty Travel to Site V Office Rent VI Office Supplies, Utilities and Communication VII Office Furniture and Equipment VIII Reports and Document Printing IX Road Survey Equipment X Contingencies Xi %Overhead of the firm on remuneration of local Professional Staff. (The % overhead cannot be quote@ less than 10%. If remuneration quote @ less than 10%, the financial proposal will be non-responsive and will not be considered for further evaluation. Sub Total Goods and Services Tax Payable in India Total Costs (Including Tax) Note: Payments will be made as per stipulations of the Conditions of Contract. We, the undersigned, offer to provide the consulting services for the above in accordance with your Request for Proposal dated [Date], and our proposal. Our attached financial proposal is for the sum of RFP Document - RFP No./ xxxxAnnex to Appendix C-1: BREAKDOWN OF LOCAL CURRENCY COSTS (To be filled by the Authority before inviting Bid) II. REMUNERATION FOR LOCAL PROFESSIONAL STAFF Normal Highway Project For Project with Construction Period of 18 months No. Position Name Construction Period 18 months + DLP 60 months Rate No. of man- Amount months* Professional Staff Team Leader cum Senior Highway 1. Engineer 2. Resident cum Highway Engineer 3. Bridge/Structural Engineer 4. Senior Pavement Specialist 5. Senior Quality cum Material Expert 6. Contract Specilist cum planning Engineer 7. Road Safety Expert Sub – Total Sub-professional 1. Survey Engineer 2. Highway Design Engineer 3. Assistant Highway Engineer 4. CAD Expert 5. Environmental Engineer 6. Bridge Design Engineer 7 Assistant Bridge Engineer 8. Assistant Quality cum Material Engineer 9. Electrical Engineer 10. HTMS/Toll Expert 11. Quantity Surveyor 12. Horticulture cum Landscaping Expert 13 Lab Technician Sub Total TotalFor Project with Construction Period of 24 months No. Position Name Construction Period 24 months + DLP 60 months Rate No. of man- Amount months* Professional Staff Team Leader cum Senior Highway 1. Engineer 2. Resident cum Highway Engineer 3. Bridge/Structural Engineer 4. Senior Pavement Specialist 5. Senior Quality cum Material Expert 6. Contract specialist cum Planning Engineer 7. Road Safety Expert Sub – Total Sub-professional 1. Survey Engineer 2 Highway Design Engineer 3 Assistant Highway Engineer 4 CAD Expert 5 Environmental Engineer 6 Bridge Design Engineer 7 Assistant Bridge Engineer 8 Assistant Quality cum Material Engineer 9 Electrical Engineer 10 HTMS/Toll Expert 11 Quantity Surveyor 12. Horticulture cum Landscaping Expert 13 Lab Technician Sub Total Total *The man-month against each key personnel/sub – professional shall be same as specified in Enclosure A of TOR.For Standalone Bridge Project: No. Position Name Construction Period 36 months + DLP 60 months Rate No. of man- Amount months* Professional Staff Team Leader cum Senior Bridge 1. Engineer 2. Resident cum Pavement Specialist 3. Bridge/Structural Engineer 4. Senior Contract Specialist 5. Senior Quality cum Material Expert 6. Contract Specilist cum Planning Engineer 7. Road Safety Expert Sub – Total Sub-professional (To be decided by the Authority as per requirement of the Project at the time of preparation of RFP) Sub Total Total For Standalone Tunnel Project: No. Position Name Construction Period 60 months + DLP 60 months Rate No. of man- Amount months* Professional Staff Team Leader cum Senior Tunnel 1. Expert 2. Resident Engineer cum Excavation Specialist 3. Senior Geotechnical Expert 4. Tunnel Design Engineer 5. Tunnel Safety Expert 6. Senior Geologist 7. Contract Specialist cum planning Engineer Sub – TotalNo. Position Name Construction Period 60 months + DLP 60 months Rate No. of man- Amount months* Sub-professional (To be decided by the Authority as per requirement of the Project at the time of preparation of RFP) Sub Total Total II. Support Staff No. Position Name Staff Months Billing Amount( ) Rate( ) 1. Office Manager TBN 2. Accountant cum Cashier TBN 3. Steno cum Computer TBN Operator 4. Office Boy ( 1 no) TBN Total : Note: Billing rates as indicated above shall be increased in accordance of clause 10.5.1 (10) of General Conditions of Contract for the personnel of all categories namely (i) key Personnel; (ii) sub- Professional personnel and (iii) Support staff. The increase as above shall be payable only on the remuneration part of Key Personnel, Sub-Professional Personnel and support staff. However, for evaluation of Bid proposals, the quoted initial rate shall be multiplied by the total time input for each position on this contract, i.e. without considering the increase in the billing rates III. Transportation (Fixed rate on rental basis) The vehicles provided by the Consultants shall include the cost for rental, drivers, operation, maintenance, repairs, insurance, etc. for all complete approx. 3000km/month run Sr. No Description of Qty. Total Rate/ Amount Vehicles (No. of vehicle- Vehicle month) - During Construction During Month Period Development and O&M Period 1 1 Innova or equivalent 4000 km/ month2 2 Balero or equivalent 4000 km/month 3. 1Pick up Van 4000 km/month Total Duty Travel to Site (Fixed Costs) (For all Lengths of projects) : Professional and Sub- Professional Staff Trips Number of Trips Rate* Amount * Rate quoted includes Hotel charges, travel cost etc. complete. IV. Office Rent (Fixed Costs)– Minimum 200 sqm area of office shall be rented. The rent cost includes electricity and water charges, maintenance, Cleaning, repairs, etc. complete. Nos. of Months Rate/month Amount 48 The rent cost includes electricity and water charges, maintenance, cleaning, repairs, etc. complete. V. Office Supplies, Utilities and Communication (Fixed Costs) No Ite Months Monthly Amount in m Rate Rs. 1. Office Supplies 2. Drafting Supplies 3. Computer Running Costs 4. Domestic and International Communication VI. Office Furniture and Equipment (Rental) The cost shall include rental charges towards all such furniture and equipment as required for proper functioning of office. Office furniture shall include executive tables, chairs, visitor chairs, steel almirahs, computer furniture, conference table etc. Office equipment shall include as a minimum of telephone (2 external & 10 internal lines), photocopier (15ppm, 12000 copies per month with A3 & A4 input) fax machine, PCs(5 No., Intel Core 2 Duo E8300, 19’’ colour TFT, Cache-6MB, RAM-2GB, HDD-250 GB, DVD Writer, Key board, optical scroll mouse, MS- Windows Vista Business, pre-loaded anti-virus etc.), laser printers (2 no., 14 ppm, 266 MHZ, 5000 pages per month, 600x600 dpi or better etc., Engineering Plan printer (1 no.), binding machine (1 no.), plotter A0 size, overhead projector, AC (4 no., 1.5 Ton), Water Coolers (as required)etc. Nos. of Months Rate/month Amount 48 Reports and Document Printing No. Description No. of No. of Total Rate per Amount Report Copies per Nos. of Copy ( ) s Report copies 1 Monthly reports 84 3 252 (Design and Construction) 2 Half yearly Reports 8 3 24 3 Various others reports as provided in the Concession Agreement such as Completion Report Total VII. Road Survey Equipment The cost shall include carrying out survey using equipment, manpower, software and report processing. Ite Kms Rate No of times Amount m per km survey to be (INR) (INR) conducted Surface defects detection and roughness measurement 8 using Network Survey Vehicle Pavement strength measurement using FWD 4 Bridge inspection using Mobile Bridge Inspection Unit 8 Road signs inspection using Retro Reflectometer 8 Total VIII. Overhead The consultant shall quote a fixed percentage of overhead, which may include overhead charges over the salary of key personnel, sub professional staff, expenditure to carry out the random test and establishment of a its own laboratory at site or to carry out test from NABL accridated laboratory, cost of the coordinator/ other support staff and profits.APPENDIX C-2 Amount of performance Security Quoted by Bidder (To be quoted by Bidder) RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Contract No ; Date Consultant’s Name Amount of Performance security to be Rs ………….. submitted by bidderAppendix D-1: Bank Guarantee Format for Performance Security (The Bank Guarantee shall be on a Stamp Paper of appropriate value in accordance with Stamp Act and shall be purchased in the name of the guarantee issuing Bank or the Party on whose behalf the BG is being issued.) (Ref ITC-clause 13.1.2 and GCC-clause 5.8) Ref Bank Guarantee No…………… Date……………………………... To The President of India, through Head of Procurement Procuring Organisation [Complete address of the Procuring Entity] Whereas M/s……………………………………………………with its Registered/ Head Office at…………………………. (name and address of the Consultant, hereinafter called “the Consultant”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) has undertaken, in pursuance of contract no ……….. date……………. to delivery ……………… (description of Services) (hereinafter called “the contract”). And Whereas you (unless repugnant to the context or meaning thereof, including your successors, administrators, executors and assigns) have stipulated in the said contract that the Consultant shall furnish you with a bank guarantee by a Commercial bank for the sum specified therein as security for compliance with its obligations as per the contract; And Whereas we …………………… with our Head Office at…………………………. (name and address of the Bank, hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) have agreed to give the Consultant such a bank guarantee. Now, Therefore, we hereby affirm that we are guarantors and responsible to you, on behalf of the Consultant, up to a total of …………………………………………………….(amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the Consultant to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein, notwithstanding any difference between you and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other authority.We hereby waive the necessity of your demanding the said debt from the Consultant before presenting us with the demand. The Bank undertakes not to revoke this guarantee during its currency without your previous consent and further agrees that the guarantee herein contained shall continue to be enforceable till you discharge this guarantee. This guarantee will not be discharged due to a change in the constitution of the Bank or the Consultant’s. We further agree that no change or addition to or other modification of the terms of the contract to be performed thereunder or of any of the contract documents which may be made between you and the Consultant shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall be valid until the ………….day of …….20…… Our………………………………….branch at………………*(Name & Address of the ………….…………..*(branch) is liable to pay the guaranteed amount depending on the filing of a claim and any part thereof under this Bank Guarantee only and only if you serve upon us at our .................... * branch a written claim or demand and received by us at our …………………..* branch on or before Dt… .......... otherwise, the bank shall be discharged of all liabilities under this guarantee after that. (Signature of the authorized officer of the Bank) …………………………………… ……. …………………………………… ……. Name and designation of the officer ………………………………………… Branch Seal, name & address of the Bank and address of the *Preferably at the authority's headquarters competent to sanction the expenditure for procurement of goods/services or at the concerned district headquarters or the state headquarters.Appendix D-2: Bank Guarantee Format for Advance Payment (The Bank Guarantee shall be on a Stamp Paper of appropriate value in accordance with Stamp Act and shall be purchased in the name of the guarantee issuing Bank or the Party on whose behalf the BG is being issued.) (Ref GCC-clause 10.5.2) Ref Bank Guarantee No…………… Date……………………………... To The President of India, through Head of Procurement Procuring Organisation [Complete address of the Procuring Entity] Whereas M/s……………………………………………………with its Registered/ Head Office at…………………………. (name and address of the Consultant, hereinafter called “the Consultant”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) has undertaken, in pursuance of contract no ……….. date……………. to delivery ……………… (description of Services) (hereinafter called “the contract”). And Whereas you (unless repugnant to the context or meaning thereof, including your successors, administrators, executors, and assigns) have agreed in pursuance of the said terms and conditions of the contract to make an advance payment of Rs......................... (Rupees...............................................only) to the Contractor on the Contractor furnishing a Bank Guarantee in the manner herein contained.; And Whereas we …………………… with our Head Office at…………………………. (name and address of the Bank, hereinafter referred to as the ‘Bank’, which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby affirm that we are guarantors and responsible to you, on behalf of the Consultant, up to a total of …………………………………………………….(amount of the guarantee in words and figures), and we undertake to pay you, upon your first written demand declaring the Consultant to be in default under the contract and without cavil or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds or reasons for your demand or the sum specified therein, notwithstanding any difference between you and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We hereby waive the necessity of your demanding the said debt from the Consultant before presenting us with the demand.The Bank undertakes not to revoke this guarantee during its currency without your previous consent and further agrees that the guarantee herein contained shall continue to be enforceable till you discharge this guarantee. This guarantee will not be discharged due to a change in the constitution of the Bank or the Consultant’s. We further agree that no change or addition to or other modification of the terms of the contract to be performed thereunder or of any of the contract documents which may be made between you and the Consultant shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition, or modification. This guarantee shall be valid until the ………….day of …….20…… Our………………………………….branch at………………*(Name & Address of the ………….…………..*(branch) is liable to pay the guaranteed amount depending on the filing of a claim and any part thereof under this Bank Guarantee only and only if you serve upon us at our .................... * branch a written claim or demand and received by us at our …………………..* branch on or before Dt… .......... otherwise, the bank shall be discharged of all liabilities under this guarantee after that. (Signature of the authorized officer of the Bank) …………………………………………. …………………………………………. Name and designation of the officer ………………………………………… Seal, name & address of the Bank and address of the Branch *Preferably at the authority's headquarters competent to sanction the expenditure for procurement of goods/services or at the concerned district headquarters or the state headquarters.Format 2: Authorization To attend Pre-Proposal (Refer to ITC-clause 7) (on Company Official Letter Head) Consultant’s Name [Address and Contact Details] Consultant’s Reference No. Date………. To Head of Procurement Procuring Organisation [Complete address of the Procuring Entity] Ref: RFP Document No. RFP No./ xxxx; Tender Title: Consultancy Services Subject: Authorization to attend Pre-Proposal Conference on (date). Following persons are hereby authorized to attend the Pre-Proposal Conference for the tender mentioned above on behalf of (Consultant) in the order of preference given below. Sr. Name Government Photo ID Type/ Number I. II. Alternate Representative Note: 1. Maximum of two representatives (carrying valid Government photo IDs) shall be permitted to attend the Pre-Proposal opening. An alternate representative shall be permitted when regular representatives cannot attend. 2. Permission to enter the hall where the pre-Proposal conference is conducted may be refused if authorization as prescribed above is not submitted. Signatures of Consultant or The officer authorized to sign the Proposal. Documents on behalf of the Consultant [name & address of Consultant and seal of company] Format 3: Authorization to Attend Pre-Proposal Conference