189 File36656

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
(MORT&H)
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
REQUEST FOR PROPOSAL (RFP)

FOR
FOR
Consultancy Services for Authority Engineer for

Supervision of Widening to 4-lane with paved
Consultancy
shoulder Services
with CC for Authority’s
pavement Engineer
from km 256/550 to km
for Supervision
289/500 of Widening
on Kota-Darah Section to
of 4-lane
NH-12 with
(Kota-
paved shoulder
Jhalawar Road) in with CC pavement
the State from
of Rajasthan OnkmEPC
256/550 to km 289/500 on Kota-Darah Section
Mode
of NH-12 (Kota-Jhalawar Road) in the State of
Rajasthan On EPC Mode
(January 2016)
Transport Bhawan, 1, Parliament Street, New Delhi – 110001
(Through)
CONTENTS
CONTENTS
Sr. No. Particulars Page Nos.

1 SECTION 1 : Information to Consultants 03-07
2 SECTION 2: Letter of Invitation 08-19
3 SECTION 3 : Format for Submission of 20-22
Firms Credentials.
4 SECTION 4 : Format for Submission of 23-32
Technical Proposal.
5 SECTION 5 : Format for submission of 33-39
Financial proposal.
6 SECTION 6 : Terms of Reference. 40-50
7 SECTION 7 : Draft Form of Contract. 51-101
Request for Proposal (RFP)
SECTION 1: INFORMATION TO CONSULTANTS
Sub.: Consultancy services for Authority’s Engineer for Widening to 4-lane with paved
shoulder with CC pavement from km 256/550 to km 289/500 on Kota-Darah Section of
NH-12 (Kota-Jhalawar Road) in the State of Rajasthan on EPC mode.
GENERAL:-
1. The Ministry of Road Transport & Highways (MoRTH) (the ‘Employer’) invites
proposals from eligible consultant empanelled for supervision by MoRT&H for
engaging Authority’s Engineer (AE) on the basis of International Competitive Bidding
for the following contract package in the State of Rajasthan.
TABLE1: DETAILS OF PROJECT
S NH State Project Stretch Project Assignment

No. No. Length period
(Km)/ (months)
Estimated
Project Cost
(Cr.)
12 Rajasthan Widening to 4-lane with paved 34.33/

1 shoulder with CC pavement 489.38 24 months
from km 256/550 to km 289/500 construction period
on Kota-Darah Section of NH- +
48 months
12 (Kota-Jhalawar Road) in the
maintenance
State of Rajasthan on EPC
period
mode.
2. Selection of AE shall be as per selection procedures given in the Model Agreement for
Engineering Procurement and Construction. The selected AE shall be intimated to the
Contractor.
3. The proposal shall be submitted in English Language and all correspondence would be
in the same language.
4. Ministry of Road Transport & Highways intends to appoint a Consultant to act as

Authority’s Engineer for implementation of this EPC project. As per the Terms and
Conditions of the EPC Agreement (s), the Authority’s Engineer shall perform all the
duties as per TOR given in this RFP along with any amendment thereof. The selection
of Authority’s Engineer shall follow the laid down procedures given in the Contract
Agreement signed between Employer and Contractor.
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5. The interested consultancy firms may download the RFP document from the official
website of the Employer w.e.f. 05.04.2016 to 20.05.2016 upto 1700 hrs.
The Consultant who downloads the RFP document from the website will be required to
pay the non-refundable fee of Rs. 5,000/- at the time of the submission of the Bid
proposal, in the form of Demand Draft. The RFP will be invited through e-tendering
portal.
6. The Applicant shall furnish as part of its Proposal, a bid security of Rs. 50,000 (fifty
thousand) in the form of a Bank Guarantee (as per the format specified in Appendix N
of this RFP document) (the “Bid Security”), valid for 45 days beyond the validity of the
bid. The Bid submitted without Bid Security will be summarily rejected. The Bid Security
of the successful Bidder will be returned when the Bidder has signed the Contract
Agreement with the Employer and has furnished the required Performance Guarantee
as specified in the document within 15 days from the receipt of the Letter of
Acceptance. The Bid Security will be forfeited:
(a) If a Bidder withdraws its bid during the period of bid validity. Or
(b) If the Bidder fails to accept the Employer’s corrections of arithmetic errors in the
Bidder’s bid (if any), or
(c) If the Successful Bidder fails to sign the contract agreement with the Employer
within the prescribed period, or
(d) If the Successful Bidder fails to furnish the Performance Security within the
stipulated time.
Unqualified bidders would be informed regarding their non qualification, without any
explanation. Ministry has decided that earnest money deposit may be returned to all
the bidders except preferred and next preferred bidder within a week of opening of their
financial bids. Further, the earnest money deposit of next preferred bidder may be
returned within a week of issue of LOA.
7. The proposal should be submitted by consultancy firms in two parts. The two parts of
the proposal are Part1: Technical Proposal and Part2: Financial Proposal. For a
given EPC Project, Stage -1 of the Evaluation shall consider the evaluation of the
Technical Proposal (i.e. Part 1). The firms scoring the qualifying marks (minimum 75%)
as mentioned in RFP shall only be considered for further evaluation. Under stage 2,
the financial proposal of such firms as selected above shall be opened and evaluated.
Proposals will finally be ranked according to their combined technical and financial
scores as specified in clause 5 of section 2. The first ranked Applicant shall be
selected for negotiation (the “Selected Applicant”) while the second ranked Applicant
will be kept in reserve.
8. The total time period for the assignment as Authority’s Engineer will be for
Construction Period (24 months) + 48 Months for Maintenance Period with reduced
man power.
9. Consultants may apply either as a sole firm or forming Joint Venture with other
consultants. In case of J. V. both the firm shall be empanelled with MORT&H in
relevant category. In case of Joint Venture, the maximum number of Joint Venture
partners is limited to 2 (i.e. one lead + 1 JV partners). Formulation of more than one
JV/Association with different partners for the same work is not allowed and all such
proposal involving the firms shall be treated as non-responsive. If the consultant
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submits bids as sole applicant and also in JV/Association with another consultant,
both bids shall be summarily rejected. No consultant shall submit more than one bid.
10. The Applicant whether a sole applicant or lead member with joint venture(s) may
include an Associate company also. Credentials of Associate Firm, except key
personnel, if any will not be considered for evaluation. Associate Firm need not be
MOR&TH empanelled consultant. The applicant shall submit a Memorandum of
Understanding (MOU) with the Associate regarding the role and responsibilities of the
Associate Company along with the proposal. Maximum numbers of key personnel of
the associate firm during the RFP Proposal and implementation of contract is limited to
3.
11. Consulting firms meeting the following criteria are only eligible for applying for this
assignment. Firms not meeting these criteria or not empanelled by MoRT&H as
supervision consultant, need not apply.
A). Eligibility criteria for sole applicant firm.
S.No. Experience of the firm in last 7 years Annual Turnover***

Preparation of DPR Project Supervision/IC/
(NH/SH/Equivalent) IE/AE
(NH/SH/Equivalent)
1 (a). The firm should have The firm should have Annual turnover
minimum experience of minimum experience of (updated average of
preparation of detailed Project last 3 years) of the firm
Project Report/ Supervision/Independent from consultancy
Feasibility Study cum Engineer/Authority’s business should be
Preliminary Design Engineer of 4-laning equal to or more than
Report of 4-laning project of aggregate Rs. 9.80 cr.
project of aggregate length equal to 105 km.
length equal to 70 km.
1 (b) Firm should also have Firm should also have
prepared DPR/ experience of Project
Feasibility Study cum Supervision/Independent
Preliminary Design Engineer/Authority’
Report for at least one Engineer of at least one
project of similar project of similar
category of 4 laning category of 4 laning
work of 14 km of project work of length equal to
length. 14 km of project length.
Experience of 4/6 lane shall be considered interchangeably for 4/6 laning project. Experience of 2
lane will be considered with a multiplication factor of 0.75.
B) Eligibility Criteria for partners in case of JV (not more than 1 JV partners shall be allowed)
shall be as under:
The lead partner must fulfil atleast 50% of requirements at 1(a) of table in para (A) above and
other JV partner should fulfil atleast 30% of eligibility criteria as indicated at 1(a) of table in
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para (A) above. Also the lead partner and JV partner jointly should meet the eligibility criteria
as mentioned at 1(a) of table in para (A) above. Lead partner should meet the criteria 1 (b) of
table in para (A) above.
Note: 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 with some other firms, 25% weightage shall be given 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. 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.
12. Following enhancement factor will be used for the cost of services provided and for the
turnover from consultancy business to a common base value for works completed in India:
Year of completion of services / turnover Enhancement factor

Financial year in which RFP invited 1.00
One year prior to RFP 1.10
Two year prior to RFP 1.21
Three year prior to RFP 1.33
Applicant should indicate actual figures of costs and amount for the works executed by them
without accounting for the above mentioned factors.
In case the financial figures and values of services provided are in foreign currency, the
above enhancement factors will not be applied. Instead, 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.
13. The bidder including individual or any of its Joint Venture Member should, in the last 2 years,
have neither failed to perform for the works of Expressways, national Highways, ISC & EI
works, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the Bidder including individual or any of its Joint
Venture Member, as the case may be, nor has been expelled or terminated by Ministry of
Road Transport & Highways or its implementing agencies for breach by such bidder
including individual or any of its Joint Venture Member.
14. Employer will not be responsible for any delay, loss or non-receipt of RFP document sent by
post/courier. Further, Employer shall not be responsible for any delay in receiving the
proposal and reserves the right to accept/reject any or all applications without assigning any
reason thereof.
15. The two parts of the Proposal (Technical proposal and financial proposal) must be submitted
on-line with all pages numbered serially, along with an index of submission as per procedure
under e-tendering. The technical proposal is also required to be submitted in a hard bound
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form exactly as per submission made online with all pages numbered serially along with an
index of submission. (Hard bound implies binding between two covers through stitching or
otherwise whereby it may not be possible to replace any paper without disturbing the
documents). Spiral bound form, loose form, etc. will be not accepted. The Financial proposal is
to be submitted online only. Submission in any other form shall not be acceptable. In the
event, any of the instructions mentioned herein have not been adhered to; the Employer may
reject the Proposal.
16. Employer will be at liberty to keep the credentials submitted by the Consultants at bidding stage,
in public domain and the same may be uploaded by Employer on Employer’s web-site.
Consultants should have no objection if Employer uploads the information pertaining to their
credentials as well as of their key personnel.
17. The individual key personnel proposed in the bid by the consultants or any replacement thereof
should undertake that they shall have no objection in uploading/hoisting of their credentials by
Employer in public domain.
18. RFP submission must be received not later than 1100 hrs on 23.05.2016 in the manner
specified in the RFP document at the address given below.
Address of Employer:
The Chief Engineer(P-4),

Ministry of Road Transport & Highways,
Room No. 225, Transport Bhawan
1-Parliament Street, New Delhi – 110 001.
Bid to be submitted in the office of:
Superintending Engineer (P-4)

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SECTION 2. LETTER OF INVITATION TO CONSULTANTS
1 INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with other
consultant willing to act as AE to submit a proposal for providing consulting services
required for the assignment named in the attached Letter of Invitation. Your proposal could
form the basis for future negotiations and ultimately a contract between your firm and the
Employer.
1.2 A brief description of the assignment and its objectives are given in the Terms of Reference
(TOR).
1.3 The assignment shall be implemented in Construction Period (24 Months) and
Maintenance Period (48 Months).
1.4 This RFP is neither an agreement nor an offer by the Authority to the prospective Applicants
or any other person. The purpose of this RFP is to provide interested parties with information
that may be useful to them in the formulation of their Proposals pursuant to this RFP. This
RFP includes statements and assumptions, which reflect various assessments, arrived at by
the Authority in relation to the Consultancy. Such assessments and statements do not
purport to contain all the information that each Applicant may require. The information
contained in this RFP, may not be complete, accurate, adequate or correct. Each Applicant
should, therefore, conduct its own investigations about the assignment and the local
conditions before submitting the proposal by paying a visit to the Client and the project site,
sending written queries to the client, before the date and time specified in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the contract,
including a visit to site, are not reimbursable as a direct cost of assignment and (ii) Employer
is not bound to accept any of the proposals received by it and reserves the right to annul the
selection process at any time prior to contract award, without thereby incurring any liability to
the Consultants.
1.6 Deleted
1.7 Deleted
1.8 Consultant have an obligation to disclose any situation of factual or potential conflict that
impacts their capacity to serve the best interest of their Client, or than may reasonably be
perceived as having this effect. Failure to disclose said situations may lead to the
disqualification of the Consultant or the termination of its Contract and/or any other action as
deemed fit by the Authority at any stage.
1.9 It is the Employer’s policy that the consultants observe the highest standard of ethics during
the selection and execution of such contracts. In pursuance of this policy, the Employer:
(a) Defines, for the purpose of this paragraph, the terms set forth below as follows:
(i) “corrupt practice ”means the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the action of a public official in
the selection process or in contract execution;
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(ii) “fraudulent practice ”means a mis-representation or omission of facts in order

to influence a selection process or the execution of a contract;
(iii) “collusive practices ”means a scheme or arrangement between two or

more consultants with or without the knowledge of the Client, designed to
establish prices at artificial, non-competitive levels;
(iv) “coercive practices ”means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
(b) will reject a proposal for award if it determines that the Consultant recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be
awarded a contract if it at any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing, a contract; and
(d) will have the right to require that a provision be included requiring consultants to permit
the Employer to inspect their accounts and records relating to the performance of
the contract and to have them audited by authorized representatives of Employer.
1.10 Consultants, their JV partner, their Sub-Consultants, and their associates shall not be
under a declaration of in eligibility for corrupt and fraudulent practices. Furthermore, the
Consultants shall be aware of the provisions on fraud and corruption stated in the
specific clauses in the General Conditions of Contract.
1.11 Consultants shall furnish information on commissions and gratuities, if any, paid or to be
paid to agents relating to this proposal and during execution of the assignment if the
Consultant is awarded the Contract, in the Financial Proposal.
1.12 The Data Sheet indicates how long Consultants’ Proposals must remain valid after the
submission date. During this period, Consultants shall maintain the availability of
Professional staff nominated in the Proposal. The Client will make its best effort to
complete negotiations within this period. Should the need arise, however, the Client may
request Consultants to extend the validity period of their proposals. Consultants who
agree to such extension shall confirm that they maintain the availability of the
Professional staff nominated in the Proposal, or in their confirmation of extension of
validity of the Proposal, Consultants could submit new staff in replacement, who would
be considered in the final evaluation for contract award.
2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 The Consultants may request a clarification of any of the RFP documents up to the
number of days indicated in the Data Sheet before the Proposal submission date. Any
request for clarification must be sent in writing by paper mail, facsimile, or electronic mail
to the Client’s address indicated in the Data Sheet. The Client will respond by cable,
facsimile, or electronic mail to such requests and will send copies of the response
(including an explanation of the query but without identifying the source of inquiry) to all
consultants who have purchased the RFP document. Clarification/amendment will also be
hosted on Employer’s web-site.
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2.2 At any time before the submission of Proposals, the Client may for any reason, whether
at its own initiative or in response to a clarification requested by a Consulting firm, modify
the RFP documents by amendment. Any amendment shall be issued in writing through
addendum. Addendum may be sent by mail, cable, telex, facsimile or electronic mail to
consultants or/and will be hosted on Employer’s website which will be binding on them.
The Client may at its discretion extend the deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 You are requested to submit your proposal in Two Parts strictly using the formats
enclosed herewith (refer section 3,4 and 5) in 2 separate envelopes/ packages and put
together in one single outer envelope/package. The two parts shall be:
Part 1: Technical Proposal and
Part 2: Financial Proposal.
The proposal shall be written in the English language as specified in the Data Sheet. All
pages of the Proposal shall be signed by an authorized representative. The
representative’s authorization shall be confirmed by written Power of Attorney duly
notarized to be submitted with the proposal. In case of JV or inclusion of Associate
Company, a MoU indicating the specific Projects, input and role of each Partner etc. shall
be submitted with the proposal.
Part 1: Technical Proposal

3.2 You are expected to examine all terms and conditions included in the documents. Failure to
act or to provide all requested information will be at your own risk and may result in rejection
of your proposal.
3.3 During preparation of the Technical proposal you may give particular attention to the
following:
i. The man-months for the assignment shall be that stated in the Terms of Reference.
The same shall be considered for the purpose of evaluation as well as award. In
case the man months of TOR are amended in view of Client’s own initiative or in
response to clarification sought by any Consulting firm, the man months so amended
and published shall be considered for the purpose of evaluation as well as award.
ii. The Consultants should prefer to field as many of their permanent staff as possible.
The permanent staff would be considered those already employed with the firm prior
to one year from the month during which this Tender Notice is issued. Applicant shall
submit the details of the period of employment of the proposed personnel with the
firm.
iii. No alternative to key professional staff may be proposed and only one Curriculum Vitae
(CV) may be submitted for each position and
iv. A good working knowledge of the language specified in the data sheet is essential for
key professional staff on this assignment. Reports must be in the language (s)
specified in the data sheet
v. Deleted
3.4 Your Technical Proposal must provide the following information, using but not limited to the
formats attached in the Section 3 & 4.
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i. A brief description of the firm’s organisation and an outline of recent experience of

the Consultants and, in the case of Joint Venture, for each partner, on assignments
of a similar nature. The information which you shall provide on each assignment
should indicate, inter-alia, the profiles of the staff provided, duration, contract amount
and firm’s involvement. The details of assignments on hand shall also be
furnished by the consultant and their JV partner, separately.
ii. Any comments or suggestions on the ToR and a description of the
methodology (work plan) which the firm proposes to execute the services, illustrated
with bar charts of activities.
iii. The composition of the proposed staff team, the tasks which shall be assigned to each
and their timing;
iv. Requirement for submission of CVs.
a. CVs strictly in the prescribed format and recently signed in blue ink on each
page by both the proposed professional staff and the Managing Director/Head
or the authorized representative of the firm.
b. Key information should include years with the firm and degree of responsibility
held in various assignments. In CV format, at summary, the individual shall
declare his qualification & total experience (in years) against the requirements
specified in TOR for the position (Ref. Enclosure-B of TOR). If any information
is found incorrect, at any stage, action including termination and debarment
from future projects upto 2 years may be taken by Employer on the personnel
and the Firm.
c. If same CV is submitted by two or more firms in an assignment, zero marks
shall be given for such CV. Key personnel has to certify in their CV that he
has not consented to any consultant other than the applicant to propose their
CV for any position for this assignment. In case the key personnel is found
having given consent to more than one bidder, he shall be debarred by the
Employer for 2 years.
d. Deleted
e. All the CVs which are to be evaluated should be complete in all respects
including signing and certification by the individual and the firm.
f. If a CV score less than 75% marks, whatever marks it score will be carried
forward for maximum 3 nos key personnel for determining the total score of
the firm. However, if the Key Personnel does not fulfill the minimum
academic qualification (as mentioned at Enclosure-B of TOR of RFP), the
overall score of his CV will be evaluated as zero. If the Key Personnel does
not fulfill the minimum qualification related to experience (as mentioned at
Enclosure-B of TOR of RFP), then zero marks will only be assigned for that
sub criteria, but the marks obtained by the CV of the Key Personnel will be
carried forward for maximum 3 nos key personnel for determining the total
score of the firm. In case, a firm is H-1, then all such Key Personnel (whose
CV scores less than 75% or who does not fulfill the minimum qualification) will
have to be replaced by the firm at the time of contract negotiations by persons
scoring at least 75% marks. The reduction in remuneration of such
replacements shall be 5%, 10% and 15 % for 1st replacement, 2nd
replacement and 3rd replacement respectively. In case more than 3 CV
scores less than 75% marks or Team leader cum Highway Engineer scores
less than 75% marks, the proposal shall be considered non-responsive.
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During negotiation, Key Personnel will be required to produce certificate
regarding qualification and experience. However, the officials retired from
MoRT&H/State/UT PWD may be exempted from producing the experience
certificate.
v. Deployment Schedule for each key personnel should be formulated and incorporated
in the Technical Proposal which will be reviewed on quarterly basis.
vi. Estimates of the total time effort (person x months) to be provided for the services,
supported by bar chart diagrams showing the time proposed (person x months) for
each professional staff and sub professional staff.
vii. A certification to the effect should be furnished by the Consultant that they have
checked the qualifications and experiences details submitted by the key personnel’s
in their CVs and found to be correct. This certification should be made in CVs of all
key personnel after the certification by the candidate. The format of CV includes
certification to this effect.
viii. Each key personnel of the preferred Consultant shall be called for interview at the
time of negotiation at the cost of Consultant.
ix. Replacement of key personnel shall be considered only in unavoidable
circumstances. In no case more than two replacements of key personnel shall be
permitted during negotiation and in such cases Consultant and such key personnel
shall have to submit affidavit to the effect that during the period of assignment
specified in para 8 of Section:1, the replaced key personnel shall not be professionally
employed anywhere in Employer’s works. Employer shall not further consider CV of
such key personnel directly or indirectly for any of its projects for this period. The
reduction in remuneration of such replacements shall be 5% and 10% for 1st
replacement and 2nd replacement respectively within validity period of bid. In case
during negotiations held within validity period of bid, more than two replacements are
sought by the H-1 consultant; his proposal shall be considered as Non-Responsive.
In such case the combined score of remaining technically qualified firms, meeting the
non-conflict condition shall be evaluated to arrive at new H-1. In case during
interaction with the key personnel at the time of negotiation it is found that the key
personnel proposed is un-suitable for the assignment position, his replacement by
equivalent or better shall be provided by the consultant. The key personnel with such
un-suitable CV shall not be considered in any future bids for that position for two
years. No deduction for such replacement who are not found suitable during
interaction shall be made.
In the eventuality that a firm becomes non-responsive, for the third time, due to the
action of replacements of more than 2 key personnel during negotiation, the firm and
its constituent JV partners and Associates shall be debarred upto one years for
Employer’s consultancy projects.
x. The detailed evaluation criteria for evaluation of Technical Bid is enclosed. Firm has
to carryout self-evaluation based on detailed criteria and shall make references to the
documents which have been relied upon in self-evaluation. Firm has to verify the
credentials of all personnel mentioned in the CVs. Misrepresentation/incorrect
information in any form shall be viewed seriously and action shall be taken as per
RFP provisions against firm as well as key personnel.
xi. Any additional information.
xii. The Ministry has developed “INFRACON” (www.infracon.nic.in) which is
comprehensive National Portal for Infrastucture Consultancy firms & Key Personnel.
This portal enables the consultancy firms and key personnel to register themselves
and upload their credentials public domain. This portal has the facility to host Firms &
personnel credentials online with option to link Adharin & Digilocker for data validity
and purity. Technical proposals would be received through INFRACON. It is
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mandatory for the Consultants to register on INFRACON portal.
3.5 The technical proposal must not include any financial information.
Part 2: Financial Proposal

3.6 Your Financial Proposal must be strictly using the formats attached in Section 5. No
additional items/quantities other than that specified in the formats should be proposed by
the Consultants since the same shall not be considered for the evaluation/award.
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-moth wise. For calculating 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. quoted
amount of selected consultant will be converted to percentage of civil work cost quoted by
civil contractor and payment will be made in proportionate to the financial progress of the
civil work. Beginning 13th months from the last date of submission of bid, billing rates shall
be increased to cover all items of the contract i.e. remunerations, 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.
3.7 The Financial Proposal should clearly identify as a separate amount, the local taxes
(including social security), duties, fees, levies and other charges imposed under the
applicable law, on the consultants, the sub-consultants, and their personnel (other than
nationals or permanent residents of the government’s country); unless the Data Sheet
specifies otherwise. This cost, however, will not be considered in evaluation.
3.8 Consultants may express the price of their services in the Indian Rupees only.
3.9 Service tax as applicable shall be paid to the consultant while making payment for services
rendered. The consultants shall then deposit the same with the tax authorities and provide a
proof of having done so within next 90 days in line with policy circulars issued by Employer.
Employer shall pay only the service tax.
4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

4.1 PREPARATION & SUBMISSION OF APPLICATIONS:
i. Detailed RFP may be downloaded from E-tendering portal of Employer and the Application
may be submitted online following the instructions appearing on the screen.
ii. The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)
(a) Technical proposal as indicated in para ‘B’ below

(b) Financial proposal as per format prescribed in SECTION-5 OF RFP.
B. Hard copy in Original identical to proposals to be submitted in Sealed Envelop and
also Electronic form to be uploaded on the E-tendering portal of Employer
(I) Technical Proposal in Hard Bound Form including
(a) Power of Attorney for signing the Application
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(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV partners, if

applicable;
(d) Copy of Memorandum of Understanding with Associate, if applicable
(e) Firm’s credentials as per format prescribed in SECTION-3 OF RFP.
(f) Technical proposal as per format prescribed in SECTION-4 OF RFP.
(g) Self-evaluation based on evaluation criteria.
(II) Receipt of online payment towards cost of RFP of Rs. 5,000/- (Rupees Five
thousand only) in favour of Regional pay & account officer, MoRT&H, payable at
New Delhi ;
(III) Bid Security (for the amount given in section 1 of this document and in favour of
CE(NH), PWD-Rajasthan, Jaipur in the form of a Bank Guarantee and the format
specified in this document and
(IV) Application processing fee as applicable shall be paid to the Service provider of E-
tendering portal.
iii. The Applicant shall submit the original documents specified above in point no. 4.1 (ii) B
together with their respective enclosures and seal it in an envelope and mark the envelope as
“Technical Proposal” for the Project for which proposal is submitted and name and address of
the Applicant. The envelope must be clearly marked “DO NOT OPEN, EXCEPT IN THE
PRESENCE OF THE EVALUATION COMMITTEE”. In addition, the Application due date
should be indicated on the right hand corner of the envelope. The original documents should
be submitted before 11:00 hours Indian Standard Time on 23.05.2016, at the below
mentioned address in the manner and form as detailed in the RFP. A receipt thereof should
be obtained from the below mentioned person.
(Mention Address of Employer’s Representative)

iv. The Applicant shall upload scanned copies of the Technical Proposal and Financial
Proposal as specified in point nos. 4.1 (ii) A & B above on the E-tendering portal of
Employer before 11:00 hours Indian Standard Time on 23.05.2016. Hard copy of the
documents as specified in point nos. 4.1 (ii) B above only is required to be submitted.
Financial Proposal is to be submitted On-line only and no hard submission is to be
made. In the event of any discrepancy between the original and the copy (in electronic
form), the original shall prevail.
4.2 Modification / Substitution/ Withdrawal of bids:

(i) The Bidder may modify, substitute or withdraw its e- bid, prior to the Bid Due Date. No Bid
shall be modified, substituted or withdrawn by the Bidder on or after the Bid Due Date.
14
(ii) Any alteration/ modification in the Bid or additional information supplied subsequent to the Bid
Due Date, unless the same has been expressly sought for by the Employer, shall be
disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal and upload /
resubmit digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal and can
withdraw its e-bid.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a bid for any
reason, bidder cannot re-submit e-bid again.
4.3 OPENING AND EVALUATION OF APPLICATIONS:
(i) Opening of Proposals will be done through online for Financial Proposal and both on-
line and manually for Technical Proposal.
(ii) For participating in the tender, the authorized signatory holding Power of Attorney shall
be the Digital Signatory. In case the authorized signatory holding Power of Attorney
and Digital Signatory are not the same, the bid shall be considered non-responsive.
The Employer shall open Envelope containing Technical Proposal received as mentioned in
point nos. 4.1 (ii) B at 11:30 hours Indian Standard Time on 23.05.2016 in the presence of the
Applicants who choose to attend. The Employer will subsequently open the Technical
Proposal as mentioned in point no.4.1 (ii) A (a) above and evaluate the Applications in
accordance with the provisions set out in the RFP.
(iii) The Financial Proposal 4.1 (ii) A (b) will be opened of the short listed applicants who
qualify for financial opening as per RFP. The date of opening of Financial Proposal will be
notified later on.
5 PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the proposals.
5.2 Deleted
Technical Proposal
5.3 The Evaluation Committee appointed by the Employer shall carry out its evaluation applying
the evaluation criteria and point system specified in the data sheet. Each responsive proposal
shall be attributed a technical score (ST.) Only those Applicants whose Technical proposal
score 75 marks or more out of 100 shall qualify for further consideration. However, if the
number of such pre-qualified applications is less than two, the Employer may, in its sole
discretion, pre-qualify the applicant(s) whose technical score is less than 75 marks. The results
of technical evaluation shall be made available on website giving opportunities to bidders to
respond within seven days in case they have any objections.
Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of firms is finalised,
the Employer may notify those consultants whose proposals were not considered as per
conditions of RFP. The Employer shall simultaneously notify the shortlisted firms indicating
the date and time set for opening of the Financial Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of the consultants’
representatives who choose to attend. The name of the consultant, the technical scores, and
the proposed prices shall be read aloud and recorded when the Financial Proposals are
opened. The Client shall prepare minutes of the public opening.
5.6 The Evaluation Committee will determine whether the submitted Financial Proposals are
complete (i.e. whether they have included cost of all items of the corresponding proposals; if
not, then the cost towards such missing items will be considered as NIL, but the Consultant
15
shall, however, be required to carry out such obligations without any additional compensation)
and without computational error. In case under such circumstances, if Client feels that the work
cannot be carried out within the overall cost as per the submitted financial proposal, such
proposals shall be considered non responsive.
5.7 The lowest financial proposal (FM) will be given a financial score (SF) of 100 points. The
financial scores of other proposals will be computed as follows:
SF= 100 x FM/F (F= amount of financial proposal)
5.8 Proposals will finally be ranked according to their combined technical (ST) and financial (SF)
scores as follows:
S= ST x Tw+SF x Fw
Where S is the combined score, and Tw and Fw are weights assigned to Technical Proposal
and Financial Proposal that shall be 0.80 and 0.20 respectively.
5.9 The selected Consultant shall be the first Ranked Applicant (H-1, having the highest
combined score). The second ranked applicant (H-2) shall be kept in reserve and may be
invited for negotiation in case the first ranked Applicants withdraws, or fails to comply the
requirements specified in this document. In the event the proposals of two or more
consultants have the same scores in the final ranking, the proposal with the highest technical
score should be ranked first.
6 NEGOTIATIONS
6.1 Prior to the expiration period of validity of proposal, the Employer shall notify the successful
firm who submitted the highest scoring proposal in writing by registered letter or facsimile and
may either issue LOA if negotiations are not required or may invite it to negotiate the
contract. In case two or more firms obtain same score, the firm achieving the highest
Technical score shall be invited first for negotiations.
6.2 Negotiations normally take one to two days. The aim is to reach agreement on all points, and
initial a draft contract by the conclusion of negotiations
6.3 In case of 1st round of negotiation is not held within 180 days from the Bid Receipt Date due
to reasons attributable to Employer, the selected consultant (H-1) shall be permitted for
replacement upto a maximum of 50% key personnel with key personnel of equivalent or
better qualifications without considering the same as replacement and without any deduction.
However, for avoidance of doubt, it is clarified that replacement of key personnel whose CV
has scored less than 75% marks shall continue be considered as replacement as per para
3.4.(iv) (f).
6.4 Negotiations shall commence with a discussion of your technical proposal, the proposed
methodology (work plan), staffing. Agreement must then be reached on the staffing and bar
charts, which shall indicate activities, staff, periods in the field and in the home office, staff
months, logistics and reporting. Special attention shall be paid to optimise the required
outputs from the firm within the available budget and to define clearly the inputs required
from the Employer to ensure satisfactory implementation of the assignment.
6.5 It is the responsibility of the Consultant, before starting financial negotiations, to contact the
local tax authorities to determine the local tax amount to be paid by the Consultant under the
Contract. The financial negotiations will include a clarification (if any) of the firm’s tax liability
in the Client’s country, and the manner in which it will be reflected in the Contract; and will
reflect the agreed technical modifications in the cost of the services.
6.6 Having selected a firm, among other things, on the basis of an evaluation of proposed key
professional staff, the E m p l o y e r ’ s expects to negotiate, a contract on the basis of the staff
named in the proposal and, prior to contract negotiations, will require assurance that this staff
shall be actually available.
16
6.7 Replacement of key personnel shall be considered only in unavoidable circumstances. In no
case more than two replacements of key personnel shall be permitted during negotiation and
in such cases Consultant and such key personnel shall have to submit affidavit to the effect
that during the period of assignment specified in para 8 of Section:1, the replaced key
personnel shall not be professionally employed anywhere in Employer’s works. Employer shall
not further consider CV of such key personnel directly or indirectly for any of its projects for
this period. The reduction in remuneration of such replacements shall be 5% and 10% for 1st
replacement and 2nd replacement respectively within validity period of bid. In case during
negotiations held within validity period of bid, more than two replacements are sought by the
H1 consultant; his proposal shall be considered as Non-Responsive. In such case the
combined score of remaining technically qualified firms, meeting the non-conflict condition
shall be evaluated to arrive at new H1. In case during interaction with the key personnel at the
time of negotiation it is found that the key personnel proposed is un-suitable for the
assignment position, his replacement by equivalent or better shall be provided by the
consultant. The key personnel with such un-suitable CV shall not be considered in any future
bids for that position for two years. No deduction for such replacement who are not found
suitable during interaction shall be made. In the eventuality that a firm becomes non-
responsive, for the third time, due to the action of replacements of more than 2 key personnel
during negotiation, the firm and its constituent JV partners and Associates shall be debarred
upto one year for Employer’s consultancy projects.
6.8 Each key personnel of the preferred consultant shall be called for interview at the time of
negotiation at the cost of the Consultant. At the time of interview, Key Personnel will be
required to produce certificate regarding qualification and experience in support of their CVs
for verification and return. However, the officials retired from MoRT&H/State/UT PWD may be
exempted from producing the experience certificate. The negotiations shall be concluded with
a review of the draft form of Contract. The Employer and the firm will finalise the contract to
conclude negotiations.
7 AWARD OF CONTRACT
7.1 After completion of negotiations with the consultants, the Client shall award the Contract to
the selected Consultant.
7.2 The successful firm with whom the contract is signed is expected to commence the
assignment on the date and at the location specified in the data sheet.
17
DATA SHEET
(As Mentioned in Letter of Invitation to Consultants)
Sub clause No. in Letter of Invitation to Consultants
1.1 Pre-Proposal Conference shall be held at: Employers office at 15.00 hrs. on 26.04.2016
1.2 The proposal shall be valid for 120 days after the last date of submission.
2.1 Clarification may be requested 7 days prior to Pre Proposal Conference. The address for
requesting clarifications:
(Mention Address of Employer’s Representative)

Email: [email protected]
3.1 The Language of documents and correspondence will be English

3.2 All the personnel shall have working knowledge of English and all the reports etc shall
be written in English.
3.3 Employer shall pay only service tax. Consultant has to assess all other taxes and should
inbuilt them in their financial proposal. These taxes (other than service tax) should not be
provided separately. Consultants are requested to consult Tax Consultants for details.
3.4 The Consultants to state all cost in Indian Rupee only.
4. The time and date of submission: 1100 hrs on 23.05.2016
5.1 The points assigned to Technical Evaluation criteria are:

S. No. Description Marks
1 Relevant experience for the assignment 25
2 Qualifications and competence of the key staff for the assignment 75
Total 100
(i) Sub criteria for Relevant Experience of the firm for the assignment
Criteria Marks
Year of Establishment of the Firm (In case of JV year of establishment of Lead 2
Member shall be considered)
Average Annual Turnover (last 3years) from consultancy business 2
Experience in Construction Supervision/Independent Engineer/Authority Engineer
in Highway Projects of length equal to 14 km of 4 lane or more in last 7 years* 16
Experience in DPR preparation/ Feasibility Study cum Preliminary Design Report 5
for Number of Highway Projects (of length 14 km of 4 -laning or more) in last 7
years
Total 25
Experience of 4/6 lane shall be considered interchangeably for 4/6 laning projects. Experience of
2 lane will be considered for 4/6 laning considered with a multiplication factor of 0.75.
.
In case of JV, the turnover and experience details of Lead and JV partners will be added for
evaluation. Credentials of associate firm, except key personnel, if any, will not be considered for
evaluation. However consultant should submit details as per section 3, separately for Lead partner JV
18
partner and associate.
Employer’s certificate should be submitted substantiating the experience claimed by the firm.
(ii) Deleted
(iii) Qualification and competence of following professional/sub-professional staff for the
assignment shall be evaluated. The weight age for various key staffs are as under:-
S.No. Staff Position Marks in case of

Single Project
1 Team Leader-cum-Highway Engineer 20
2 Resident Engineer cum pavement specialist + road safety expert 15
3 Sr. Contract Specialist 8
4 Senior Quantity Surveyor 8
5 Bridge/Structural Engineer 8
6 Material Engineer 8
7 Bridge Design Specialist 4
8 Highway Design Specialist 4
Total 75
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
5.2 Sub criteria for employment with firm
Marks for employment with firm
(i) Permanent staff (those already employed with the firm prior to one year from the month during
which this Tender Notice is issued) = 5 marks
(ii) Retainer / non-permanent staff = Zero marks.
The technical proposal should score at least 75 marks to be considered responsive for financial
evaluation.
6. Commencement of Assignment: The firm shall begin carrying out the services within one week
of signing of the Consultancy Agreement.
19
SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS
The proposal should contain the following information in enclosed format attached at Appendix A.
 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 2012-13, FY 2013-14 and FY 2014-15). 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.
Appendix A
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

Establishment
Individual Partnership Corporation Other
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. Particular 2014-15 2013-14 2012-13
i. Annual turnover from Consulting

business
ii. Total Assets
iii. Current Assets
c) Balance Sheet/ Auditor Certificate of last 3 years (2012-13, 2013-14 and 2014-15) shall be submitted as
evidence of Annual Turnover.
**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.
vii. Experience as Independent Consultant/Construction supervision of Highway
20
projects, separately for PPP and non-PPP Projects during the last 7 years. ***
S No
P ro j e ct s Type of D es cr i p- Client Total F e e received %age A p p r o x. Period
N am e / Y e a r Services t ion of ( wi t h Fee for by Applicant of total c o st of
S ol e rendered H igh way complete the (in case of fee H ighwa y
C o n su lt a n t/ P ro j e ct / address, Consulta JV/Associat receive Project
Length c o nta c t, ncy ion) d by
P r ime ( km s) person, Assignm the
c o n su lt a n t of telephone ent firm
JV / minor Nos. and Fax (INR)
consultant of JV/ Nos . )
/as associate
consultant
1 2 3 4 5 6 7 8 9 10
A . C om pl e t e d / S ub s t an ti al l y c om pl e ted p r ojec t s:
1.
2.
3.
B . P r o je c t s in p r o gr e s s :
1.
2.
3.
viii. 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 P roje ct s N a m e / Typ e of Length Client Total Fee Fee %age of P e r io d

Y ear Ser vi ce s of ( wi t h for the received by total fee
R en d e re d P ro j e ct C o mpl e t e C o n s u l t a n Applicant received
S ol e
( km s) a d dre ss , cy (in case by the
C o n su lt a n t/
C o nta c t Assignme of firm
person, nt (INR) JV/Associ
P r ime c o n su lt a n t o f JV
Telephone ation) case of JV)
/ minor consultant of JV/
N o s. An d F a x
/ a s associate consultant
Nos . )
1 2 3 4 5 6 7 8 9
***a) Experience of 4/6 lane shall be considered interchangeably for 4/6 laning
projects. Experience of 2 lane will be considered for 4/6 laning projects with a
multiplication factor of 0.75.
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 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
21
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.
(ix) 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 firm Date of letter Date of Present status Team Members provided by the
No Assignment of Acceptance Agreement of Assignment firm
if signed
Sole, Lead/
Other in JV or
Name DOB Position
sub-consultant
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
22
SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL
Appendix B-1 Technical proposal submission form.
Firm’s comments and suggestions on the Terms of Reference
Appendix B-2 and on data, services, and facilities to be provided by the
Employer.
Approach paper on methodology and work plan for performing
Appendix B-3 the assignment.
Appendix B-4 Composition of the Team and Task(s) of each Team member
Appendix B-5 Curriculum vitae of proposed Professional staff.
Appendix B-6 Time schedule for deployment of Professional staff
Appendix B-7 Activity (works) schedule.
Appendix B-8 Affidavit for correctness of CVs of key personnel and experience
claimed by the firm.
APPENDIXB-1
Technical proposal submission form.
FROM (Name of Firm) To: (Name and Address of Client)
Ladies/Gentlemen:
Subject: Submission of Technical and Financial Proposal for engagement as Authority’s Engineer for
the work of Widening to 4-lane with paved shoulder with CC pavement from km 256/550 to
km 289/500 on Kota-Darah Section of NH-12 (Kota-Jhalawar Road) in the State of
Rajasthan on EPC mode.
We, the undersigned, offer to provide the consulting services for the above in accordance with your
Request for Proposal dated (Date), and our Proposal. We are hereby submitting our Proposal, which
includes this Technical Proposal and a Financial Proposal sealed under a separate envelope for the
above mentioned work.
We understand that Employer shall be at liberty to keep the credentials of Consultants submitted at
bidding stage, in public domain and the same may be uploaded by Employer on official website of
Employer. We undertake that we shall have no objection if Employer uploads/hosts the information
pertaining to credentials of our firm as well as of our key personnel.
If negotiations are held during the period of validity of the Proposal i.e. before (Date) we undertake to
negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the
modifications resulting from contract negotiations.
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 JV
23
APPENDIX B-2 : COMMENT AND SUGGESTIONS OF CONSULTANTS ON THE TERMS

OF REFERENCE AND ON SERVICES AND FACILITIES TO BE PROVIDED BY THE
EMPLOYER
On the Terms of Reference (not more than one page):

1.
2.
3.
4.
….
On the services and facilities to be provided by the Employer (not more than one page)
1.
2.
3.
4.
….
24
APPENDIX B-3 : APPROACH PAPER ON METHODOLOGY AND WORK PLAN FOR
PERFORMING THE ASSIGNMENT
(not more than six pages)
25
APPENDIX B-4 : COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S) OF EACH
TEAM MEMBER
1. Technical/Managerial Staff
Sl. No. Name Position Task

1
..
..
2. Support Staff
Sl. No. Name Position Task

1
..
..
26
APPENDIX B-5 : FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED

PROFESSIONAL STAFF
Proposed Position : ……………………………………………… Photograph
Name of Firm:........................................................................................
Name of Staff :........................................................................................
Profession :..............................................................................................
Date of Birth :
Years with Firm/Entity: ...........................................Nationality:.............................. Membership
of Professional Societies :.........................................................................
Detailed Task Assigned :..............................................................................................
S.No Name of Project Period Assignment Client Remark
Employer Post Held Name in the of the
Project Project
From To
Education:
[Summarise college/university and other specialized education of staff member, giving their
names, dates attended, and degrees obtained. Use about one quarter of a page.]
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks
on assignment. Describe degree of responsibility held by staff member on relevant
previous assignments and give dates and locations. Use about half a page.]
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions
held by staff member since graduation, giving dates, name of employing organizations, titles
of positions held, and locations of assignments. For experience also give types of
activities performed and client references, where appropriate. Use about three-quarters
of a page.]
Languages:
[For English language indicate proficiency : excellent, good, fair, or poor; in speaking,
reading, and writing]
Summary of Qualification & Experience vis-à-vis the requirements as per TOR

Requirements Possessed by Break-up of experience
as per TOR the Staff Brief Description of Project Man-months provided
(Enclosure-B) Member
27
Certification by the Candidate
I, the under signed, (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 MoRTH/PW D or any other central/stage government
organizat ion nor left any assignment with the 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 decided 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 affect the work of the
current assignment.
Name of Client Date of Likely start Likely end Total input of the
Assignment LOA (Month / Year) (Month / Year) person (man-months)
Note : CVs of Key Personnel having intermittent inputs will be considered only if the
assignments on hand as on 7 days before due date of proposal including those for which LOA
has been received from the Client or for which Consultant has been declared as H1 do not
exceed 3 (three) for Senior Contract Specialist, and Sr. Quantity Surveyor.
………………………………………………………….. Date
(Signature of Key Personnel)
(Day/Month/Year)
28
Certification by the firm
The undersigned on behalf of ----------( name of consulting firm) certify that the qualification
and experience details of Shri ------ (name of the proposed personnel and address) as
described in the CV has been checked and found to be correct. It is also certified that Shri-----
--- (name of proposed personnel) to the best of our knowledge has neither been debarred
by MoRTH/PWD 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]
Note:-
a) Personnel is to affix his recent photograph on first page of CV.
b) Complete address and phone number of the Personnel is to be provided.
c) Document for proof of age is to be enclosed.
d) Document for proof of qualification is to be enclosed.
e) Age of the personnel shall not be more than as specified.
f) Experience Certificates from Employers to be attached.
g) Self-assessment of the CVs as per the enclosed evaluation criteria to be
attached.
g) The Ministry has developed “INFRACON” (www.infracon.nic.in) which is
comprehensive National Portal for Infrastructure Consultancy firm & Key
Personnel. This portal enables the consultancy firm and key personnel to
register themselves and upload their credentials online with option to link to
Adharin & Digilocker for data validity and purity. Technical proposals would be
received through INFRACON. It is mandatory for the Consultants to register on
INFRACON portal
29
National Highways Authority of India Request for Proposal for AE
APPENDIXB-6:TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
Sl. Name Position Month wise Program (inform of Bar Chart)

No. st nd
[1 ,2 , etc. are months from the start of assignment]
st nd rd th th th th th th th th 12th and Number of
1 2 3 4 5 6 7 8 9 10 11
subseque Months
nt year
1 Subtotal(1)
2 Subtotal(2)
3 Subtotal(3)
4 Subtotal(4)
- -
- -
30
APPENDIXB-7 : ACTIVITY (WORKS) SCHEDULE
A. Activity Schedule
Month wise Program (inform of Bar Chart)
st nd
[1 ,2 , etc. Are months from the start of assignment]
th th
Sl.No. Item of Activity (Works) st nd rd th th th th th th 12th
1 2 3 4 5 6 7 8 9 10 11
1 ................................................
2 ................................................
3 ................................................
4 ................................................
- ................................................
- ................................................
B. Completion and Submission of Reports

S.No Reports : Programme :(Date)
1 Monthly reports (Design and Construction)
2 Quarterly Reports
3 Various others reports as provided in the Concession Agreements

such as Completion Report
31
APPENDIX B-8: AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL AND

EXPERIENCE CLAIMED BY THE FIRMS
(To be submitted on non-judicial Stamp Paper)
I, the undersigned, on behalf of _______________________ (name of the Consultant

submitting the proposal), do hereby certify that the details furnished in this proposal including
CV of key personnel and experience claimed by the firm/firms are true and correct to the best
of my knowledge and belief.
Managing Director/Head of the

Firm/Authorised Representative of the firm*
Address
32
SECTION 5: FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL.
AppendixC-1 Financial proposal submission form
AppendixC-2 Summary of costs
AppendixC-3 Break down of costs
33
APPENDIX C-1 : FINANCIAL PROPOSAL SUBMISSION FORM
FROM : (Name of Firm) TO :
Address of Employer
Subject:Consultancy Services for Authority’s Engineer for Supervision of

Widening to 4-lane with paved shoulder with CC pavement from km 256/550 to
km 289/500 on Kota-Darah Section of NH-12 (Kota-Jhalawar Road) in the State of
Rajasthan on EPC mode.
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).
Our financial proposal shall be binding upon us subject to the modifications resulting
from contract negotiations, up to 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 Amount and Purpose of Commission

of Agents Currency 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
34
APPENDIX C-2 : SUMMARY OF COSTS
Amount
No. Descriptio (Rs.)
I n
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 Survey Equipment with Survey Party and Vehicle
X Contingencies
Consultancy Services Tax Payable in India
Total Costs(Including Tax)
Note: Payments will be made as per stipulations of the Conditions of Contract.
35
APPENDIXC-3 : BREAKDOWNOF COSTS
I. REMUNERATIONFOR LOCAL PROFESSIONAL STAFF
Man-month in Billing Amount

S. No. Key Personnel Man-month in Rate (Rs)
Maintenance
Construction (Rs)
/Defect Liability
A: Key Personnel period of 24
period of 48
months
months
1. Team Leader Cum Senior 24 12
Highway Engineer
2. Residential Engineer cum 24 48
Pavement specialist + Road
Safety Expert
3. Sr. Contract Specialist 8 4
4. Senior Quantity Surveyor 24 4
5. Bridge/Structural Engineer 24 2
6. Material Engineer 24 4
7. Bridge Design Specialist 4 0
8. Highway Design Specialist 4 0
Sub Total 136 74
B: Sub Professional Staff
(a) Quantity Surveyor 24 6
(b) Survey Engineer 24 6
(c) Lab Technician 24 6
(d) Site Engineer 24 0
(e) Electric Engineer 6 0
Sub Total 102 18
II. Support Staff

No. Position Name Staff Months Rate(Rs) Amount(Rs)
1 Office Manager (1no) TBN 72 months

2. Accountant cum cashier (1no) TBN 72 months
3 Photocopy Machine Operator (1no) TBN 72 months
4 Computer Operator cum steno (1no) TBN 72 months
5 Office Boy(1no) TBN 72 months
Total:
TBN = To Be Named
36
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. 3000 km/month run
S. Description of Qty. (No. of vehicle-month) Total Rate/ Amount

No Vehicles Vehicle (Rs)
During During
-
Construction Maintenance /
Month
Period DLP Period
1 Innova / Scorpio or 2x24 months 1X48
equivalent (not more
than 3 years old)
2 Ambassador / Indica 2x24 months 1X48
or equivalent (not
more than 3 years
old)
Total
IV. Duty Travel to Site (Fixed Costs): Professional and Sub-Professional Staff
The employer may require the Key Personnel to visit the Employer’s Site/CE office. The quoted
amount should include travel fare for 20 round trip to Employer’s Head Office and 20 round trip to
Employer’s regional office (including Hotel charges, travel costs etc. Complete)
V.Office Rent (Fixed Costs)– Minimum 400 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

24 + 48 = 72 months
VI. Office Supplies, Utilities and Communication (Fixed Costs)
No Item Months Monthly Amount in

Rate Rs.
1. Office Supplies 72 months
2. Drafting Supplies 72 months
3. Computer Running Costs 72 months
4. Domestic and International Communication 72 months
37
VII. Office Furniture and Equipment (Rental) [Fixed monthly cost]
(Brand new Furniture and Equipment shall be mandatory at the time ofcommencement of
services as per the list given below. The rental rate per month shall be quoted for the total
list of Office Furniture and Equipment)
No Descriptio Unit Qty. Rate/ Period in Amount
n Month Months (Rs.)
/unit (Rs.)
Office Furniture(Rental/Hire)
1 Executive Table (Godrej make, model each 6 (1 for each 72 months
No.T-108orequivalent) Key Personnel)
2 Executive Chairs (Godrej make, model each 6 (1 for each 72 months
No.PCH-701orequivalent) Key Personnel)
3 Tables(Godrej make, model No.T-104 each 4 42 months
or equivalent)
4 OrdinaryChairsType-1(Godrej make, each 15 42 months
modelNoT-CHR–6orequivalent)
5 Tables(for all other staff)(Godrej each 4 42 months
make,modelNo.T-101orequivalent)
6 Ordinary Chairs–Type II(for all other each 10 42 months
staff)(Godrejmake,modelNo.CHR-6
or equivalent
7 Steel Almirah1270mmx765mmx each 6 72 months
440mm(Godrej make, model minor
plain or equivalent)
8 Visitors chairs/Conference room chairs each 6 36 months
(Godrejmake,modelNo.DCH7004or
equivalent)
9 Tables for computers with 3 drawers, each 4 36 months
keyboard / mouse pullout trays size
1664 mm x 900 (Godrej make. Or
equivalent as per Engineer’s design)
10 Printer desks (Godrej make or each 2 36 months
11 equivalent)
Side tables(Godrej make or equivalent) each 4 36 months
12 Conference Table (Godrej make, model each 1 36 months
No.T-12 or equivalent)
13 Revolving Chairs for Computer Room / each 3 36 months
Drawing room
Office Equipment (Rental/Hire)
1 Telephone with PABX facilities (2 each 2 72 months
External lines&10 internal lines)
2 Photocopier each 1 72 months
3 Fax each 1 72 months
4 Air-Conditioner(1.5Ton) each 3 72 months
5 Computer PC (state of the art) each 4 72 months
6 LaserJet Printers each 3 72 months
7 DieselGenerator20KVA)with running each 1 72 months
cost
8 Binding Machine each 1 72 months
38
9 Air Cooler(of 24” size fan with suitable each 2 72 months

Pump and shall be of either GEC, or
Khaitan Cool Home make or
10 equivalent)
Water Coolers(Volt as or equivalent) each 1 72 months
11 Software LS LS 72 months
Total
VIII. Reports and Document Printing
No. Description No. of No. of Total Nos. Rate per Amount

Reports Copies per of copies Copy ( )
Report
1 Monthly reports (72 months) 6 432
2 Quarterly Reports 24 6 144

3 Various others reports as 5 6 30
Provided in the EPC
Agreement such as
Completion Report
Total
IX. Survey Equipment with Survey Party and Vehicle etc complete
Nos. of Months Rate

Description /month Amount
Rental cost towards Survey Equipment 24

(GPS/Total station /Auto Level) with
semiskilled survey Party (4 persons)
and one dedicated vehicle for Survey
Party (inclusive of vehicle rental
driver’s salary, fuel operation and
maintenance etc complete) with rods,
flags and other sundries
X. Contingencies
A fixed amount of Indian Rupees ONE MILLION shall be included in the Financial
Proposal. The provisions of Contingency shall be operated with the specific approval
from the Authority.
39
SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
[Note: The term “Agreement” and clauses thereof refer to the EPC Agreement dated------
entered between Authority and --------(the Contractor) for the work of “Widening to 4-lane
with paved shoulder with CC pavement from km 256/550 to km 289/500 on Kota-Darah
Section of NH-12 (Kota-Jhalawar Road) in the State of Rajasthan on EPC mode”.
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 Widening to 4-lane with
paved shoulder with CC pavement from km 256/550 to km 289/500 on Kota-Darah
Section of NH-12 (Kota-Jhalawar Road) in the State of Rajasthan on EPC mode, 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 construction and maintenance 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 creates an
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, at least 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 Model EPC Agreement.
40
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.
4 Construction Period
4.1 During the Construction Period, the Authority’s Engineer shall review 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 Model EPC Agreement. The Authority’s Engineer shall
complete such review 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.
4.2 The Authority’s Engineer shall review any revised Drawings sent to it by the Contractor and
furnish its comments within 10 (ten) days of receiving such Drawings. The review of drawing
should be authenticated by Authority’s Engineer.
4.3 The Authority’s Engineer shall review the Quality Assurance Plan submitted by the
Contractor and shall convey its comments to the Contractor within a period of 21 (twenty-
one) days stating the modifications, if any, required thereto.
4.4 The Authority’s Engineer shall complete the review of the methodology proposed to be
adopted by the Contractor for executing the Works, and convey its comments to the
Contractor within a period of 10 (ten) days from the date of receipt of the proposed
methodology from the Contractor.
4.5 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 Model EPC Agreement.
4.6 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.
4.7 The Authority’s Engineer shall inspect the Construction Works and the Project Highway and
shall submit a monthly Inspection Report bringing out the results of inspections and the
remedial action taken by the Contractor in respect of Defects or deficiencies. In particular,
the Authority’s Engineer shall include in its Inspection Report, the compliance of the
recommendations made by the Safety Consultant.
4.8 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.
4.9 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 Paragraph 4.9, 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
41
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.
4.10 The Authority’s Engineer shall test check at least 20 (twenty) percent of the quantity or
number of tests prescribed for each category or type of test for quality control by the
Contractor.
4.11 The timing of tests referred to in Paragraph 4.9, and the criteria for acceptance/rejection of
their results shall be determined by the Authority’s Engineer in accordance with the Quality
Control Manuals. The tests shall be undertaken on a random sample basis and 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.
4.12 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.
4.13 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 Model EPC Agreement shall apply.
4.14 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 indicate 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.
4.15 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 12.4 of Model EPC Agreement.
4.16 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.
4.17 In the event that the Contractor carries out any remedial measures to secure the safety 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.
4.18 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.
5 Maintenance Period
5.1 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.
42
5.2 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.
5.3 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.
5.4 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.
5.5 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
Model EPC Agreement
6 Determination of costs and time

6.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness, that are
required to be determined by it under the Agreement.
6.2 The Authority’s Engineer shall determine the period of Time Extension that is required to be
determined by it under the Agreement.
6.3 The Authority’s Engineer shall consult each Party in every case of determination in
accordance with the provisions of Clause 18.5 of Model EPC Agreement.
7 Payments
7.1 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 Model EPC Agreement.
7.2 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 Model EPC Agreement.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the Monthly Maintenance
Statement from the Contractor pursuant to Clause 19.6 of Model EPC Agreement, verify the
Contractor’s monthly 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 Model EPC Agreement.
43
8 Other duties and functions
The Authority’s Engineer shall perform all other duties and functions as specified in the
Agreement.
9 Miscellaneous
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 The Authority’s Engineer shall inform the Authority and the Contractor of any event of
Contractor’s Default within one week of its occurrence.
10. 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, the Provisional Completion Certification and Completion Certificate
alongwith 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 Provisional
Completion Certification and Completion Certificate. The proposal submitted shall also
include the name of the authorized representative along with the authorization letter and
power of attorney.
11. CONSULTANT’S PROPOSAL

11.1 List of key personnel to be fielded by the Consultants shall be as below:
i. Team Leader Cum Senior Highway Engineer

ii. Resident Engineer cum Pavement Specialist + Road safety Expert
iii. Sr. Contract Specialist
iv. Senior Quantity Surveyor
v. Bridge/Structural Engineer
vi. Material Engineer
44
11.2 Broad job-description and minimum qualification for key personnel mentioned above is
enclosed as Enclosure–B. 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 leave the assignment without approval of Employer,
Em plo yer would be at 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.
11.3 In addition to above, consultants are required to propose other key personnel, sub-
professional staff and other field engineers as detailed in Enclosure-A and the
minimum qualification requirements for the same is enclosed in Enclosure–B.
12. PERIOD OF SERVICES

12.1 The services of an Authority’s Engineer will be in phases as per Contract
Agreement.
12.1.1 The appointment of the Authority’s Engineer shall initially be as per details given
below.
Period of service Construction period Maintenance/ DLP

(in months) (in months) Period (in months)
72 Months 24 months 48
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 Enclosure A.
13. PERFORMANCE SECURITY

The successful consulting firm shall have to submit a Bank Guarantee (BG) for an
amount of 2.50% of the Contract Value within 15 days of issue of LOA. The BG
shall be valid for a period of 2 months beyond the expiry of the Contract period. The
BG shall be in the form at specified in Appendix H of draft contract form and
furnished from a Nationalised Bank, IDBI or ICICI/ICICI Bank/Foreign Bank/EXIM
Bank / Any Scheduled Commercial Bank approved by RBI having a net worth of not
less than 500 crore as per latest Annual Report of the Bank. In the case of a
Foreign Bank (issued by a Branch in India) the net worth in respect of Indian
operations shall only be taken into account. In case of Foreign Bank, the BG issued
by Foreign Bank should be counter guaranteed by any Nationalised Bank in India.
In case of JV, the BG shall be furnished on behalf of the JV and not individually by
the members.
45
Enclosure-A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF

AUTHORITY ENGINEER
Man-month in Man-month in
S. No. Key Personnel Construction Maintenance/
period of 24 Defect Liability
A: Key Personnel
months period of 48 months
1. Team Leader Cum Senior Highway 24 12
Engineer
2. Resident Engineer cum Pavement 24 48
Specialist + Road safety Expert (To
be designated as Team Leader in
Maintenance period after Team
Leader-cum-Sr. Resident Engineer’s
work is completed)
3. Sr. Contract Specialist 8 4
4. Senior Quantity Surveyor 24 4
5. Bridge/Structural Engineer 24 2
6. Material Engineer 24 4
7. Bridge Design Specialist 4 0
8. Highway Design Specialist 4 0
Sub Total 136 74
B: Sub Professional Staff
(a) Quantity Surveyor 24 6
(b) Survey Engineer 24 6
(c) Lab Technician 24 6
(d) Site
E Engineer 24 0
(e) Electric Engineer 6 0
Sub Total 102 18
Note: The qualification and experience of Sub Professional staff would not be accounted in the
evaluation. However, Consultant shall have to get their CVs approved from Employer before
mobilization. The other inputs like support staff shall also be provided by the Consultant of an
acceptable type commensuration with the roles and responsibilities of each position.
46
Enclosure-B
QUALIFICATION OF KEY PERSONNEL
TEAM LEADER CUM SENIOR HIGHWAY ENGINEER (Full Time)
Duties: The Team Leader will reside at project site on a full time basis throughout the period of the
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 and the
other officials of the Authority.
He should have the following qualification / experience.
(1) Essential Qualifications.
(a) Graduate in Civil Engineering from recognized university.
(b)Total Professional Experience of 15 years in handling Highway Contracts.
(c) At least 5 years experience as Team Leader/Resident Engineer/Project Manager or similar capacity
in Highway project.
(d) He should have handled as Team Leader/Resident Engineer/Project Manager or similar capacity of
at least two projects in Construction Supervision of Highways.
(e) He should have handled as Team Leader or similar capacity of at least one Projects of project
Preparation of major highway Project of two/four- laning.
(f) Not more than 65 years of age.
(2) Preferential Qualifications.

(a) Post Graduate Degree in Construction Management/Highway Engineering.
(b) Supervised Highway Construction projects with Rigid pavements.
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) and 1(e) above, where the
Input of the personnel is at least one year.
RESIDENT ENGINEER CUM PAVEMENT SPECIALIST+ROAD SAFETY EXPERT (Full Time)

Duties: He shall be the in-charge of the construction supervision of project stretch and shall
coordinate with all other experts of the construction projects and shall report to the Team Leader and
officers of PIU as per the delegation established. He shall be directly responsible for regulating the
construction process i.e. various activities like earthwork, Sub-base/base courses, rigid/bituminous
pavement, bridge/culvert works proposed for being carried out under Stipulated specifications/
manuals etc. For this purpose, he shall be assisted by other support engineers/personnel. He shall
47
deal directly with the Highway Engineer and other support staff attached with the Highway Engineer
to ensure that the construction process is well controlled as per established specification controls to
avoid later quality control stage problems. In respect of other experts like Material Engineer,
Quantity Surveyor, etc., he shall be coordinating and regulating their activities to ensure smooth
functioning of the Construction Package concerned. He should have adequate experience in large
quantity of earthwork. He will be required to be fielded throughout the Currency of the project. The
candidate is expected to be thoroughly familiar with various standards/specifications, contract
procedures, design and quality control etc. In addition he will be responsible for ensuring road safety
during construction and maintenance period of the project,

(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 12 years in supervision of Highway Projects.
(c) Atleast 8 years experience as Resident Engineer/Assistant Resident Engineer/Project
Director/Project Manager/Superintending Engineer or equivalent/Executive Engineer or equivalent on
similar construction work/Independent Engineering project.
(d) Should have handled atleast 2 Highway projects of about 20-25 km each.
(e) Not more than 65 years of age.

(a)Post Graduate Degree in Transportation/Pavement Engineering.
(b) Experience of Construction Supervision on Highway Project.
_______________________________________________________________________________________
SENIOR CONTRACT SPECIALIST (Part time / Intermitent)
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. His key
responsibilities will be to guide and assist Team Leader/Employer in all aspects of contract
management 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.

(b) Professional Experience of 15 years in Contract Management.
(c) Experience of at least 4 years as Contract Specialist on any National/State Highway project.
(d) Contract Management of a large Highway contract say over Rs.150 crore including experience of
handling
Variation orders, claims of the contractor and there appropriate disposal.
(e) Handled Arbitration cases in respect of any Highway project.

(a) Degree in Law/PG in management/certificate course in management/ certificate course in
48
construction management/certificate course in contract management.
BRIDGE &STRUCTURAL ENGINEER
Duties: His duties will involve understanding the design provisions of both bridges/ROBs/flyovers and
culverts, guiding and checking of reinforcement/cable laying operations, rectifying any apparent
mistakes in respect of them, checking and controlling the proper mix designs, Checking the adequacy
of proper form-work, laying/compacting of concrete including curing operations. For this purpose, he
will work in close coordination with the Material Engineer and the Contractor’s Expert to effectively
Control the quality of execution. He will be responsible for minor modifications in design of
bridges/culverts, whenever required during execution.

(b) Professional Experience of 15 years.
(c) 10 years experience in Construction / Construction Supervision of bridge / interchange / any other
structures.
(d) Must be familiar with modern methods of construction of bridges/ROB/flyover involving RCC/pre-
stress concrete, design standards, technical specifications and statistical Quality Control/Assurance
procedures for construction of different component of bridges.
(e) Experience in similar capacity in supervision of 2 Major Highway Bridges on Pile/Well foundation.
(f) Experience in supervision of Rehabilitation and repair of 2 nos Bridges.
(g) Not more than 65 years of age.
2) Preferential Qualifications.
(a) Post Graduate Degree in Structural Engineering.

(b) Experience as a Bridge Engineer abroad.
MATERIAL ENGINEER
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. He will be coordinating and
controlling the support personnel placed with him and will report to the Resident Engineer and to the
Team Leader/Employer’s representative as and when required.

(b) Professional Experience of 12 years in construction of Highways / Roads / Airfield Runways
(c) Experience of 5 years in similar capacity in Construction / Construction Supervision of Highway
projects.
(d) Experience as Material / Geotechnical Engineer in Construction/Construction Supervision of at
least 2 Highway projects.
49
(e) Must be familiar with material property of road construction material, technical specifications and
procedures of material tests and testing equipments.
(f) Not more than 65 years of age.
2) Preferential Qualifications.
(a) Post Graduate Degree in Geo-Technical Engineering/Soil Mechanics and Foundation Engineering.
(b) Abroad experience as Material Engineer in Highway Construction projects.
SENIOR QUANTITY SURVEYOR

Duties: He will be reporting to the Team Leader and give input as and when required during the work.
He will provide necessary guidance to the Quantity Surveyor, and shall issue directions/procedures
/formats of reporting to the Quantity Surveyor. He will act as a contract specialist also for the
construction package, even though the thrust of his responsibilities will be in the areas of quantity
surveying/ processing of the invoices etc. He will be responsible for taking all measures required to
control the project cost and time over-runs. He will examine the claims of the contractor, variation
orders, if any, and will approve the progress reports as per the project requirements. He will approve
the measurement of all items of works executed in different stages for payment purpose prepared by
Quantity Surveyor.
(a) Graduate in Civil Engineering from recognized university.
(b)Total Professional Experience of 15 years in handling Highway Contracts.
(c) At least 10 years experience as Quantity Surveyor in Highway project.
(d) He should have handled as Quantity Surveyor in atleast two projects in Construction Supervision of
Two/four of laning Highways.
(a) Post Graduate Degree in Construction Management/Engineering/certificate course in management/
certificate course in construction management/certificate course in contract management.
BRIDGE DESIGN SPECIALIST

The Bridge Design Specialist shall be responsible for checking the designs of bridges, ROBs,
interchanges and any other structure to be constructed in the Project highway. He shall also
review the rehabilitation measures to be proposed by the Contractor for existing structures
based on site condition and structural requirement basis. His expertise shall include computer
aided
design methods for Civil/Structural Engineering with particular reference to Structural design.


(b) Professional Experience of 15 years in Bridge Design.
(c) 10 years out of total 15 years experience in similar capacity for design of major highway bridges.
(d) Experience of designing of 4 major Highway Bridges.
(a) Post Graduate Degree in Structural Engineering.

50
(b) Experience of Bridge Work in other countries.
(c) Design experience of major highway bridge of length 200 m or more. (excluding
approaches).
HIGHWAY DESIGN SPECIALIST
The Highway Design Specialist shall be responsible for the review of highway designs and drawings
using sophisticated computer software and also construction and O&M works. He should be a
graduate in Civil Engineering from a recognized University (higher qualifications will be preferable);
His expertise shall include computer aided design methods for Civil/Highway Engineering with
particular reference to CAD application to the geometric design for highway rehabilitation and/or
upgrading projects.

(b) Professional Experience of 15 years in highway works.
(c) Experience of at least 5 years (out of total 15 years) in Highway Designing works
(d) He should have handled as Highway Design Engineer at least 2 Projects of major 4 laning/ 6 laning
improvement projects.
(e) Exposure of Computer Software Programmes for Design of Highways.
(a) Post Graduate Degree in Highway Engineering

(b) Experience in Highway Projects
SUB PROFESSIONAL (To be evaluated for their suitability by PD and RO concerned,

before deployment)
A. Quantity Surveyor
Duties: He will be reporting to the Resident Engineer in day to day working. He will
also work under the guidance of the Sr. Quantity Surveyor, and shall abide by the
directions/procedures/formats of reporting and approvals settled by the Sr. Quantity
Surveyor. He will act as a contract specialist also for the construction package, even
though the thrust of his responsibilities will be in the areas of quantity surveying/
processing of the invoices etc. He will be responsible for reporting all measures
required to control the project cost and time over-runs. He will examine the claims of
the contractor, variation orders, if any, and will prepare the progress reports as per the
project requirements. For the purpose, he will be required to get the levels and quantity
measurements checked in all items of works executed in different stages for
calculations required for payment purpose. He will be required throughout the currency
of the project.
Qualification and experience: The candidate should be a graduate in Civil
Engineering with relevant experience in the field of estimating, preparation and
processing of the invoices, analysing rates, checking survey details etc. of the projects.
He should have about 8 years of relevant professional experience involving resource
51
planning and scheduling, quantity survey, cost control, contract management etc.
Diploma holders with longer relevant experience of about 12 years could also be
considered. He must have worked as Quantity Surveyors for at least 4 years in any
National/State Highway Projects. He should not be more than 60 years of age.
B. Survey Engineer
Duties: Checking layout of centre line, layout of curves, levels and profiles, etc. will be
his main responsibility. Apart from this, he shall also assist the Quantity Surveyor in
preparation of invoices. He shall also be responsible for modifying survey data in case
any modification is required in the design during execution.
Qualifications and Experience: He should be a graduate civil engineer with 3 years
for BE Civil & 6 years for Diploma holder. Survey Engineer should be conversant with
modern survey equipment, total stations, auto level, digital level etc. He should have
worked in at least one major highway project. He should not be more than 60 years of
age.
C. Lab Technicians:
They should be at least Diploma-holders with about 5 to 6 years of experience in
handling the quality control tests laboratories for road/bridge works or Graduates in
Science with about 1 to 2 years of relevant experience in the field of testing of
road/bridge projects.
D. ELECTRICAL ENGINEER
The Candidate should be Graduate in Electrical Engineering from recognised institute.

He should have at least 6 years experience. He should have handled at least 1 similar
project.
SECTION 7: DRAFT FORM OF CONTRACT
Note: This draft Agreement is a generic document and shall be modified based on particulars
of the Project.
52
CONTRACT FOR CONSULTANT’S SERVICES
Between
……………………………………….
And
(Name of Consultant)
Dated:
53
CONTENTS
Page No.
I. FORM OF CONTRACT ……………………………………..
II GENERALCONDITIONSOFCONTRACT ……………….
1. General Provisions ……………………………………….
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification, and Termination

of Contract…………………………………………………..
2.1 Effectiveness of Contract ………………………………….

2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition…………………………………………..
2.7.2 No Breach of Contract ……………………………..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension…………………………………………………
2.9 Termination ………………………………………..
2.9.1 By the Client ………………………………

2.9.2 By the Consultants ………………………..
2.9.3 Cessation of Rights and Obligations ………
2.9.4 Cessation of Services ………………………
2.9.5 Payment upon Termination ………………..
54
2.9.6 Disputes about Events of Termination …….
3. Obligations of the Consultants ……………………
3.1 General
3.1.1 Standard of Performance…………..
3.1.2 Law Governing Services …………..
3.2 Conflict of Interests ……………………….
3.2.1 Consultants not to benefit from

Commissions, Discounts, etc. ……..
3.2.2 Procurement Rules of Funding Agencies
3.2.3 Consultants and Affiliates Not to
Engage in certain Activities …………..
3.2.4 Prohibition of Conflicting Activities …
3.3 Confidentiality ………………………………..

3.4 Liability of the Consultants …………………..
3.5 Insurance to be taken out by the Consultants …
3.6 Accounting, Inspection and Auditing ………….
3.7 Consultant’s Actions requiring Client’s prior Approval
3.8 Reporting Obligations …………………………..
3.9 Documents prepared by the Consultants ……….
To Be the Property of the Client ………………..
3.10 Equipment and Materials Furnished by the Client
4. Consultants’ Personnel and Sub-consultants ……………………..
4.1 General …………………………………………………

4.2 Description of Personnel …………………………
4.3 Approval of Personnel ……………………………
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and /or Replacement of Personnel ……………
4.6 Resident Project Manager ………………………….
5. Obligations of the Client ………………………………….
5.1 Assistance and Exemptions …………….

5.2 Access to Land ………………………….
5.3 Change in the Applicable Law ………….
5.4 Services, Facilities and Property of the Client
5.5 Payment …………………………………
5.6 Counterpart Personnel………………….
6. Payments to the Consultants ……………………………..
6.1 Cost Estimates, Ceiling Amount ……………….

6.2 Remuneration and Reimbursable Expenditures…
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6.3 Currency of Payment …………………………..
6.4 Mode of Billing and Payment ………………….
7. Fairness and Good Faith …………………………………………

7.1 Good Faith …………………………………….
7.2 Operation of the Contract ……………………..
8. 8.1 Amicable Settlement …………………………..

8.2 Dispute Settlement …………………………….
III SPECIAL CONDITIONS OF CONTRACT ……………………
IV APPENDICES Page No.
Appendix A : Description of the Services ……………..

Appendix B : Reporting Requirements …………………
Appendix C : Key Personnel and Sub-consultants …….
Appendix D : Medical Certificate ……………………….
Appendix E : Hours of Work for Key Personnel ……….
Appendix F : Duties of the Client ………………………
Appendix G : Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J : Letter of invitation
Appendix K : Letter of Award
Appendix L : Minutes of pre-bid meeting ……………
Appendix-M : Memorandum of Understanding (in case of JV)
Appendix-N : Form of Bank Guarantee for Bid Security
Appendix-O : Evaluation Criteria
V ANNEXURES..…………………………………………
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1. FORM OF CONTRACT
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the day of the
Month of , 200 , between, on the one hand (hereinafter
Called the “Client) and, on the other hand, (herein after called the
“Consultants”).
[Note* : If the Consultants consist of more than one entity, the above should be partially
amended to read as follows:
“…(hereinafter called the “Client”)and, on the other hand, a joint venture consisting of the
following entities, each of which will be jointly severally liable to the Client for all the
Consultants’ obligations under this Contract, namely, and
(herein after called “Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract attached to this Contract
(hereinafter called the “Services”);
(b)the Consultants, having represented to the Client that they have the
required professional skills, and personnel and technical resources, have agreed
to provide the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(a) The General Conditions of Contract (hereinafter called “GC”)’ (b)

The Special Conditions of Contract (hereinafter called “SC”);
(c) The following Appendices:
[Note: If any of these Appendices are not used, the words “Not Used” should be
inserted below next to the title of the Appendix on the sheet attached hereto
carrying the title of that Appendix].
57
Appendix A : Description of the Services ……………..

Appendix B : Reporting Requirements …………………
Appendix C : Key Personnel and Sub-consultants …….
Appendix D : Medical Certificate ……………………….
Appendix E : Hours of Work for Key Personnel ……….
Appendix F : Duties of the Client ………………………
Appendix G : Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J: Letter of invitation
Appendix K : Letter of Award
Appendix-L : Minutes of pre-Bid Meeting
Appendix-M : Memorandum of Understanding (in case of JV)
Appendix-N : Form of Bank Guarantee for Bid Security
Appendix-O : Evaluation Criteria
2. The mutual rights and obligations of the Client and the Consultants shall be as set
forth in the Contract; in particular
(a) The Consultants shall carry out the Services in accordance with the provisions of
the Contract; and
(b) The Client shall make payments to the Consultants in accordance with the
Provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
FOR AND ON BEHALF OF

[NAMEOFTHE CLIENT]
By
(Authorized Representative)
FOR AND ON BEHALF OF

[NAMEOFTHE CONSULTANTS]
By
58
[Note: If the Consultants consist of more than one entity, all of these entities should appear as
signatures, e.g. in the following manner ]
FOR AND ON BEHALF OF EACH OF

THE MEMBERS OF THE CONSULTANTS
[Name of the Member]
By
[Name of the Member]
By
etc.
59
GENERALCONDITIONS OF CONTRACT
1. General Provisions
Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:
(a) Applicable Law” means the laws and any other instrument shaving the force of
law in the Government’s country [or in such other country as may be specified in
the Special Conditions of Contract (SC)], as they may be issued and in force
from time to time.
(b)“Contract means the Contract signed by the Parties, to which these General
Conditions of Contract are attached, together with all the documents listed in
Clause 1 of such signed Contract;
(c) “Effective Date’ means the date on which this Contract comes into force and effect
pursuant to Clause GC 2.1;
(d)‘foreign currency’ means any currency other than the currency of the
Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;

(g)‘Local currency’ means the Indian Rupees;
(h)“Consultant” wherever mentioned in this Contract Agreement means the
“Authority Engineer(AE)” and includes sub-consultants or Associates engaged by
the primary consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than one entity,
means any of these entities, and “Members” means all of these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties means
both of them;
(k)“Personnel” means persons hired by the Consultants or by any Sub-Consultants and

or Associates as Employees and assigned to the performance of the Services or any
part thereof; “Foreign Personnel” means such persons who at the time of being so
hired had their domicile outside the Government’s Country, “Local Personnel” means
such persons who at the time of being so hired had their domicile inside the
Government’s Country; and ‘key personnel’ means the personnel referred to in
Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General
Conditions of Contract may be amended or supplemented;
(m)"Services" means the work to be performed by the Consultants pursuant to his

contract, as described in Appendix A hereto. The scope of work will be strictly as
60
given in various Clauses in TOR. The approach and methodology to be adopted by

the Consultant for carrying out the assignment as Authority Engineer may be
modified depending on the site requirements and work programme of the EPC
Contractor after mutual discussions with Employer, the EPC Contractor and the
Authority Engineer. The work plan as indicated by the Consultant may be modified
accordingly to the site requirements.
(n)"Sub-consultant and or Associates " means any entity to which the Consultants
sub contract any part of the Services in accordance with the provisions of Clause
GC 3.7; and
(o)"Third Party" means any person or entity other than the Government, the Client, the
Consultants or a Sub-consultant.
1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and servant
or of principal and agent as between the Client and the Consultants. The Consultants, subject
To this Contract, have complete charge of Personnel and Sub-consultants, if any, performing
the Services and shall be fully responsible for the Services performed by them or on their behalf
hereunder.
1.3 Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be
governed by the Applicable Law.
1.4 Language
This Contract has been executed in the language specified in the SC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.
1.5 Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6 Notices
1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to
have been given or made when delivered in person to an authorized representative of
the Party to whom the communication is addressed, or when sent by registered mail,
telegram or facsimile to such Party at the address specified in the SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A Party may change its address for notice here under by giving the other Party notice
of such change pursuant to the provisions listed in the SC with respect to Clause GC
1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A
hereto and, where the location of a particular task is not so specified, at such
locations, whether in Government's Country or elsewhere, as the Client may approve.
61
1.8 Authority of Member in Charge

In case the Consultants consist of a joint venture of more than one entity, the Members
hereby authorize the entity specified in the SC to act on their behalf in exercising all the
Consultants' rights and obligations towards the Client under this Contract, including
without limitation the receiving of instructions and payments from the Client.
1.9 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted
to be executed, under this Contract by the Client or the Consultants may be taken or
executed by the officials specified in the SC.
1.10 Taxes and Duties

Unless otherwise specified in the SC, the Consultants, Sub-consultants and Personnel
shall pay such taxes, duties, fees and other impositions as may be levied under the
Applicable Law. Service tax as applicable shall be paid to the consultant while making
payment for services rendered. The consultants shall then deposit the same with the
tax authorities and provide a proof of having done so within next 90 days in line with
policy circulars issued by Employer.
.
2. Commencement, Completion, Modification and Termination of Contract
2.1 Effectiveness of Contract
This Contract shall come into force and effect on the date (the" Effective Date") of the
Client's notice to the Consultants instructing the Consultants to begin carrying out the
Services. This notice shall confirm that the effectiveness conditions, if any, listed in
the SC have been met.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within such time period after the date of the
Contract signed by the Parties as shall be specified in the SC, either Party may, by
not less than four (4) weeks' written notice to the other Party, declare this Contract to
be null and void, and in the event of such a declaration by either Party, neither Party
shall have any claim against the other Party with respect hereto.
2.3 Commencement of Services
The Consultants shall begin carrying out the Services at the end of such time period
after the Effective Date as shall be specified in the SC.
2.4 Expiration of Contract
Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire
when services have been completed and all payments have been made at the end of
such time period after the Effective Date as shall be specified in the SC.
2.5 Entire Agreement
This Contract contains all covenants, stipulations and provisions agreed by the
Parties. No agent or representative of either Party has authority to make, and the
Parties shall not be bound by or be liable for, any statement, representation, promise
or agreement not set forth herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any modification of
the scope of the Services, may only be made by written agreement between the Parties
as the case may be, has been obtained. Pursuant to Clause GC 7.2 hereof, however,
62
each Party shall give due consideration to any proposals for modification made by the
other Party.
2.7 Force Majeure
2.7.1. Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is
beyond the reasonable control of a Party, and which makes a Party's
performance of its obligations hereunder impossible or so impractical as
reasonably to be considered impossible in the circumstances, and includes,
but is not limited to, war, riots, civil disorder, earth quake, fire, explosion,
storm, flood or other adverse weather conditions, strikes, lock outs or other
industrial action ( except where such strikes, lockouts or other industrial action
are within the power of the Party invoking Force Majeure to prevent),
confiscation or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the
negligence or intentional action of a party or such Party's Sub-consultants or
agents or employees, nor (ii) any event which a diligent Party could
reasonably have been expected to both (A) take into account at the time of the
conclusion of this Contract and (B) avoid or overcome in the carrying out of its
obligations hereunder .
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
2.7.2 No Breach of Contract
The failure of a Party to fulfil any of its obligations hereunder shall not be considered
to be a breach of, or default under, this Contract insofar as such inability arises from
an event of Force Majeure, provided that the Party affected by such an event has
taken all reasonable precautions, due care and reasonable alternative measures, all
with the objective of carrying out the terms and conditions of this Contract.
2.7.3 Measures to be taken
(a) A Party affected by an event of Force Majeure shall take all reasonable
measures to remove such Party’s inability to fulfill its obligations hereunder
with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party
of such event as soon as possible, and in any event not later than fourteen
(14) days following the occurrence of such event, providing evidence of
the nature and cause of such event, and shall similarly give notice of the
restoration of normal conditions as soon as possible.
(c) The Parties shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.
2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract, complete any action
or task, shall be extended for a period equal to the time during which such Party was
unable to perform such action as a result of Force Majeure.
63
2.7.5 Payments
During the period of their inability to perform the Services as are sult of an event of
Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs
reasonably and necessarily incurred by them during such period for the purposes of
the Services and in reactivating the Services after the end of such period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, the
Parties shall consult with each other with a view to agreeing on appropriate measures
to be taken in the circumstances.
2.8. Suspension
The Client may, by written notice of suspension to the Consultants, suspend all
payments to the Consultants hereunder if the Consultants fail to perform any of their
obligations under this Contract, including the carrying out of the Services, provided
that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall
request the Consultants to remedy such failure within a period not exceeding thirty
(30) days after receipt by the Consultants of such notice of suspension.
2.9 Termination
2.9.1 By the Client
The Client may, by not less than thirty (30) days' written notice of termination to the
Consultants (except in the event listed in paragraph (f) below, for which there shall be
a written notice of not less than sixty (60) days), such notice to be given after the
occurrence of any of the events specified in paragraphs (a) through (h) of this Clause
GC 2.9.1, terminate this Contract.
(a) if the Consultants fail to remedy a failure in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8
hereinabove, within thirty (30) days of receipt of such notice of suspension or within
such further period as the Client may have subsequently approved in writing;
(b)if the Consultants become (or, if the Consultants consist of more than one entity, if any
of their Members becomes) insolvent or bankrupt or enter in to any agreements with
their creditors for relief of debtor take advantage of any law for the benefit of debtors
or go into liquidation or receivership whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause GC 8 hereof;
(d)if the Consultants submit to the Client a statement which has a material effect on the
rights, obligations or interests of the Client and which the Consultants know to be
false;
(e) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate
this Contract.
(g)if the consultant, in the judgment of the Client has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract. For the purpose of this clause:
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"corrupt practice" means the offering, giving, receiving or soliciting of anything of

value to influence the action of a public official in the selection process or in contract
execution.
"fraudulent practice" means a misrepresentation of facts in order to influence a

selection process or the execution of a contract to the detriment of the Borrower, and
includes collusive practice among consultants (prior to or after submission of
proposals) designed to establish prices at artificial non-competitive levels and to
deprive the Borrower of the benefits of free and open competition.
(h) if EPC Contractor represents to Employer that the Consultant is not discharging his
duties in a fair, efficient and diligent manner and if the dispute remains unresolved,
Employer may terminate this contract.
2.9.2 By the Consultants
The Consultants may, by not less than thirty (30) days' written notice to the Client, such
notice to be given after the occurrence of any of the events specified in paragraphs (a)
through (d) of this Clause GC2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract and
not subject to dispute pursuant to Clause 8 hereof within forty-five (45) days after
receiving written notice from the Consultants that such payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-five (45) days (or such longer period as the Consultants
may have subsequently approved in writing) following the receipt by the Client of the
Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GC 8 hereof.
2.9.3. Cessation of Rights and Obligations
Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon
expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the
Parties hereunder shall cease, except:
(i) such rights and obligations as may have accrued on the date of termination or
expiration;
(ii) the obligation of confidentiality set forth in Clause GC 3.3 hereof;
(iii) the Consultants' obligation to permit inspection, copying and auditing of their
accounts and records set forth in Clause GC 3.6 (ii) hereof; and
(iv) any right which a Party may have under the Applicable Law.
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2.9.4 Cessation of Services
Upon termination of this Contract by notice of either Party to the other pursuant to Clauses
GC 2.9.1 or GC 2.9.2 hereof, the Consultants shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a
minimum. With respect to documents prepared by the Consultants and equipment and
materials furnished by the Client, the Consultants shall proceed as provided, respectively, by
Clauses GC 3.9 or GC 3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the
Client shall make the following payments to the Consultants (after offsetting against these
payments any amount that may be due from the Consultant to the Client}:
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed

prior to the effective date of termination;
(b) reimbursable expenditures pursuant to Clause GC 6 hereof for expenditures actually

incurred prior to the effective date of termination; and
(c) except in the case of termination pursuant to paragraphs (a) through (d) of Clause
GC2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract including the cost of the return travel of the
Consultants' personnel and their eligible dependents.
2.9.6. Disputes about Events of Termination
If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC
2.9.1 or in Clause GC2.9.2 hereof has occurred, such Party may, within forty-five (45) days
after receipt of notice of termination from the other Party, refer the matter to arbitration
pursuant to Clause GC8 hereof, and this Contract shall not be terminated on account of such
event except in accordance with the terms of any resulting arbitral award.
3. Obligation of the Consultants

3.1 General
3.1.1. Standard of Performance
The Consultants shall perform the Services and carry out their obligations hereunder
with all due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management
practices, and employ appropriate advanced technology and safe and effective
equipment, machinery, materials and methods The Consultants shall always act, in
respect of any matter relating to this Contract or to the Services, as faithful advisers to
the Client, and shall at all times support and safe guard the Client's legitimate
interests in any dealings with Sub-consultants or Third Parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law
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and shall take all practicable steps to ensure that any Sub- consultants and or
Associates, as well as the Personnel of the Consultants and any Sub-consultants and
or Associates, comply with the Applicable Law. The Client shall advise the
Consultants in writing of relevant local customs and the Consultants shall, after such
notifications, respect such customs.
3.2 Conflict of Interests
3.2.1Consultants Not to Benefit from Commissions, Discounts, etc.
The Remuneration of the Consultants pursuant to Clause GC6 hereof shall constitute the
Consultants' sole remuneration in connection with this Contract or the Services and,
subject to Clause GC3.2.2 hereof, the Consultants shall not accept for their own benefit
any trade commission, discount or similar payment in connection with activities pursuant
to this Contract or to the Services or in the discharge of their obligations hereunder, and
the Consultants shall use their best efforts to ensure that any Sub-consultants and or
Associates, as well as the Personnel and agents of either of them, similarly shall not
receive any such additional remuneration.
3.2.2 If the Consultants, as part of the Services, have the responsibility of advising the Client
on the procurement of goods, works or services, the Consultants shall comply with any
applicable procurement guidelines of the Client (Employer) and or Associates Bank or
of the Association, as the case may be, and other funding agencies and shall at all
times exercise such responsibility in the best interest of the Client. Any discounts or
commissions obtained by the Consultants in the exercise of such procurement
responsibility shall be for the account of the Client.
3.2.3Consultants and Affiliates Not to engage in Certain Activities
The Consultants agree that, during the term of this Contract and after its termination,
the Consultants and any entity affiliated with the Consultants, as well as any Sub-
consultant and or Associates and any entity affiliated with such Sub-consultant and or
Associates, shall be disqualified from providing goods works or services (other than
the Services and any continuation thereof) for any project resulting from or closely
related to the Services. .
3.2.4 Prohibition of Conflicting Activities
The Consultants shall not engage, and shall cause their Personnel as well as their Sub-
Consultants and or Associates and their Personnel not to engage, either directly or
indirectly, in any of the following activities:
(a) during the term of this Contract, any business or professional activities in
the Government's country which would conflict with the activities
assigned to them under this Contract; and
(b)after the termination of this Contract, such other activities as may be

specified in the SC.
3.3 Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this Contract,
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disclose any proprietary or confidential information relating to the Project, the

Services, this Contract or the Client's business or operations without the prior written
consent of the Client.
3.4 Liability of the Consultants

Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability
under this Contract shall be as provided by the Applicable Law.
3.5 Insurance to be Taken Out by the Consultants
The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants
to take out and maintain, at their (or the Sub-consultants', as the case may be) own
cost but on terms and conditions approved by the Client, insurance against the risks,
and for the coverages, as shall be specified in the SC, and (ii) at the Client's request,
shall provide evidence to the Client showing that such insurance has been taken out
and maintained and that the current premiums therefore have been paid.
3.6 Accounting, Inspection and Auditing
The Consultants (i) shall keep accurate and systematic accounts and records in respect
of the Services, hereunder, in accordance with internationally accepted accounting
principles and in such form and detail as will clearly identify all relevant time charges
and cost, and the bases thereof (including such bases as may be specifically referred
to in the SC); (ii) shall permit the Client or its designated representative periodically,
and upto one year from the expiration or termination of this Contract, to inspect the
same and make copies thereof as well as to have them audited by auditors appointed
by the Client; and (iii) shall permit the client to inspect the Consultant's accounts and
records relating to the performance of the Consultant and to have them audited by
auditors appointed by the client.
3.7 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 Client
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) any other action that may be specified in the SC
3.8 Reporting Obligations
The Consultants shall submit to the Client the reports and documents specified in
Appendix B hereto, in the form, in the numbers and within the time periods set forth
in the said Appendix.
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3.9 Documents Prepared by the Consultants to Be the Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software
prepared by the Consultants for the Client under this Contract shall become and
remain the property of the Client, and the Consultants shall, not later than upon
termination or expiration of this Contract, deliver all such documents to the Client,
together with a detailed inventory thereof. The Consultants may retain a copy of such
documents and software. Restrictions about the future use of these documents and
software, if any, shall be specified in the SC.
3.10 Equipment and Materials Furnished by the Client
Equipment and materials made available to the Consultants by the Client, or purchased
by the Consultants with funds provided by the Client, shall be the property of the Client
and shall be marked accordingly. Upon termination or expiration of this Contract, the
Consultants shall make available to the Client an inventory of such equipment and
materials and shall dispose of- such equipment and materials in accordance with the
Client's instructions. While in possession of such equipment and materials, the
Consultants, unless otherwise instructed by the Client in writing, shall insure them at the
expense of the Client in an amount equal to their full replacement value.
4. Consultants' Personnel and Sub-consultants and or Associates
4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel
and Sub-consultants as are required to carry out the Services.
4.2 Description of Personnel
(a) The titles, agreed job descriptions, minimum qualification and estimated periods
of engagement in the carrying out of the Services of each of the Consultants' Key
Personnel are described in Appendix C. If any of the Key Personnel has already
been approved by the clients his/her name is listed as well.
(b) If required to comply with the provisions of Clause GCC 3.1.1 hereof,
adjustments with respect to the estimated periods "of engagement of Key
Personnel set forth in Appendix C may be made by the Consultants by written
notice to the Client, provided (i) that such adjustments shall not alter the
originally estimated period of engagement of any individual by more than 10%
or one week, whichever is larger, and (ii) that the aggregate of such adjustments
shall not cause payments under this Contract to exceed the ceilings set forth in
Clause GC 6.1(b) of this Contract. Any other such adjustments shall only be
made with the Client's written approval.
(c) If additional work is required beyond the scope of the Services specified in
Appendix A, the estimated periods of engagement of Key Personnel set forth in
Appendix C may be increased by agreement in writing between the Client and
the Consultants, provided that any such increase shall not, except as otherwise
agreed, cause payments under this Contract to exceed the ceilings set forth in
Clause GC 6.1 (b) of this Contract.
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4.3 Approval of Personnel
The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as well as
by name in Appendix C are hereby approved by the Client. In respect of other Key
Personnel which the Consultants propose, to use in the carrying out of the Services,
the Consultants shall submit to the client for review and approval a copy of their
biographical data and (in the case of Key personnel to be used within the country of
the Government) a copy of a satisfactory medical certificate in the form attached
hereto as Appendix D. If the Client does not object in writing (stating the reasons for
the objection) within thirty (30) calendar days from the date of receipt of such
biographical data and (if applicable) such certificate, such Key Personnel shall be
deemed to have been approved by the Client.
4.4 Working Hours, Overtime, Leave, etc.
(a) Working hours and holidays for Key Personnel are set forth in Appendix E hereto.
To account for travel time, foreign Personnel carrying out Services inside the
Government's country shall be deemed to have commenced (or finished) work in
respect of the Services such number of days before their arrival in (or after their
departure from) the Government's country as is specified in Appendix E hereto.
(b)The Personnel of all types engaged by Consultant to provide Services on this

Contract shall not be entitled to be paid for overtime nor to take paid sick leave or
vacation leave except as specified in Appendix E hereto, and except as
specified
In such Appendix, the Consultants' remuneration shall be deemed to cover these
items. All leave to be allowed to the Personnel is included in the staff-months of
service set for in Appendix C. Any taking of leave by Personnel shall be subject
to the prior approval by the Client and the Consultants shall ensure that absence
for leave purposes will not delay the progress and adequate supervision of the
Services.
4.5 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the
Key Personnel. If, for any reason beyond the reasonable control of the
Consultants, it becomes necessary to replace any of the Personnel, the
Consultants shall forthwith provide as a replacement a person of
equivalent or better qualifications.
(b) If the Client (i) finds that any of the Personnel has committed serious mis
conductor has been charged with having committed a criminal action, or (ii)
has reasonable cause to bed is satisfied with the performance of any of the
Personnel, then the Consultants shall, at the Client's written request
specifying the grounds therefore, forthwith provide as a replacement a
person with qualifications and experience acceptable to the Client.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b)
above, the rate of remuneration applicable to such person as well as any
reimbursable expenditures (including expenditures due to the number of
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eligible dependents) the Consultants may wish to claim as a result of such

replacement, shall be subject to the prior written approval by the Client.
Except as the Client may otherwise agree, (i) the Consultants shall bear all
additional travel and other costs arising out of or incidental to any removal
and/or replacement, and (ii) there remuneration to be paid to any of the Key
Personnel provided as a replacement shall be 90% of the remuneration which
would have been payable to the Key Personnel replaced. However, for the
reason other than death/extreme medical ground, (i) for total replacement
upto 33% of key personnel, remuneration shall be reduced by 20% (ii) for total
replacement upto between 33% to 50%, remuneration shall be reduced by
25% and (iii) for total replacement upto between 50% to 66%, remuneration
shall be reduced by 30% (iv) For total replacements beyond 66% of the key
personnel the client shall initiate action of higher penalty/ termination/
debarment upto 2 years as considered appropriate.
(d) In order to prevent the tendency of the personnel and consulting firm to
submit incorrect and inflated CV, they should sign every page of CV before
submission in order to authenticate that CV furnished by them is correct. The
consulting firm and the personnel through consulting firm should be informed
by Employer while accepting CV of the new personnel that if CV is found in
correct and inflated at a later date, the personnel accepted would be
removed from his assignment and debarred from further Employer’s works
for an appropriate period to be decided by Employer and the new proposed
personnel in place of removed personnel would be paid 15% less salary than
the original personnel. 15% reduction in the salary will be imposed as a
penalty for submitting the incorrect information. This penalty will be imposted
only once. If the same consulting firm submits incorrect information again
second time, necessary action will be taken by Employer to black-list that
firm.
4.6 Resident Project Manager
If required by the SC, the Consultants shall ensure that at all times during the
Consultants' performance of the Services in the Government's country a resident
project manager, acceptable to the Client, shall take charge of the performance of
such Services.
5. Obligations of the Client
5.1 Assistance and Exemptions
Unless otherwise specified in the SC, the Clients hall uses its best effortstoen sure
that the Government shall:
(a) 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;
(b) assist for the Personnel and, if appropriate, their eligible dependents to be
provided promptly with all necessary entry and exit visas, residence permits,
exchange permits and any other documents required for their stay in
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Government's country;
(c) facilitate prompt clearance through customs of any property required for the
Services and of the personal effects of the Personnel and their -eligible
dependents;
(d) issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate or the prompt and effective
implementation of the Services;
(e) 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;
(f) 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 of or 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
(g) Provide to the Consultants, Sub-consultant sand or Associates and Personnel

any such other assistance as may be specified in the SC.
5.2 Access to Land
The Client warrants that the Consultants shall have, free of charge, unimpeded access
to all land in the Government's country in respect of which access is required for the
performance of the Services. The Client will be responsible for any damage to such
land or any property thereon resulting from such access and will indemnify the
Consultants and each of the Personnel in respect of liability for any such damage,
unless such damage is caused by the default or negligence of the Consultants or any
Sub-consultant or the Personnel of either of them.
5.3 Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable Law with
respect to taxes and duties which increases or decreases the cost or reimbursable
expenses incurred by the Consultants in performing the Services, then the
remuneration and reimburse able expenses otherwise pay able to the Consultants
under this Contract shall be increased or decreased accordingly by agreement
between the Parties hereto, and corresponding adjustments shall be made to the
ceiling amounts specified in Clause GC 6.1(b).
5.4 Services, Facilities and Property of the Client
The Client shall make available to the Consultants and the Personnel, for the purposes of
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the services and free of any charge, the services, facilities and property described in
Appendix F at the times and in the manner specified in said Appendix F, provided that If
such services, facilities and property shall not be made available to the Consultants as
and when so specified, the Parties shall agree on (i) any time extension that it may be
appropriate to grant to the Consultants for the performance of the Services, (ii) the
manner in which the Consultants shall procure any such services, facilities and property
from other sources, and (iii) the additional payments, if any, to be made to the
Consultants as a result thereof pursuant to Clause GC 6.l (c) hereinafter.
5.5 Payment
In consideration of the Services performed by the Consultants under this Contract, the
Client shall make to the Consultants such payments and in such manner as is provided
by Clause GC 6 of this Contract.
5.6 Counterpart Personnel
(a) If so provided in Appendix F hereto, the Client shall make available to the
Consultants, as and when provided in such Appendix F, and free of charge, such
counterpart personnel to be selected by the Client, with the Consultants' advice,
as shall be specified in such Appendix F. Counterpart personnel shall work under
the exclusive direction of the Consultants. If any member of the counterpart
personnel fails to perform adequately any work assigned to him by the
Consultants which is consistent with the position occupied by such- member, the
Consultants may request the replacement of such member, and the Client shall
not unreasonably refuse to act upon such request.
(b)If counterpart personnel are not provided by the Client to the Consultants as and
when specified in Appendix F, the Client and the Consultants shall agree on (i)
how the affected part of the Services shall be carried out, and (ii) the additional
payments, if any, to be made by the Client to the Consultants as a result thereof
pursuant to Clause GC 6.1(c) hereof.
6. Payments to the Consultants
6.1 Cost Estimates; Ceiling Amount
(a) An estimate of the cost of the Services payable is set forth in Appendix G.
(b) Except as may be otherwise agreed under Clause GC2.6 and subject to
Clause GC 6.1(c), payments under this Contract shall not exceed the ceilings
specified in the SC. The Consultants shall notify the Client as soon as
cumulative charges incurred for the Services have reached 80% of these
ceilings.
(c) Not withstanding Clause GC6.l (b) hereof, if pursuant to clauses GC 5.3, 5.4 or 5.6
hereof, the Parties shall agree that additional payments shall be made to the
Consultants in order to cover any necessary additional expenditures not envisaged
in the cost estimates referred to in Clause GC 6.1(a) above, the ceiling or ceilings,
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as the case may be, set forth in Clause GC 6.1(b) above shall be increased by the
amount or amounts, as the case may be, of any such additional payments.
6.2 Remuneration and Reimbursable Expenditures

(a) Subject to the ceilings specified in Clause GC 6.1(b) hereof, the Client shall
pay to the Consultants (i) remuneration as set forth in Clause GC 6.2(b), and
(ii) reimbursable expenditures as set forth in Clause GC 6.2(c). If specified in
the SC, said remuneration shall be subject to price adjustment as specified in
the SC.
(b) Remuneration for the Personnel shall be determined on the basis of time
actually spent by such Personnel in the performance of the Services after the
date determined in accordance with Clause GC 2.3 and Clause SC 2.3 (or
such other date as the Parties shall agree in writing) (including time for
necessary travel via the most direct route) at the rates referred to, and subject
to such additional provisions as are set forth, in the SC.
(c) Reimbursable expenditures actually and reasonably incurred by the

Consultants in the performance of the Services, as specified in Clause SC6.3(b).
6.3 Currency of Payment

All payments shall be made in Indian Rupees and shall be subjected to applicable
Indian laws withholding taxes if any.
6.4 Mode of Billing and Payment
Billing and payments in respect of the Services shall be made as follows:
(a) The Client shall cause to be paid to the Consultants an interest bearing
advance payment as specified in the SC, and as otherwise set forth below.
The advance payment will be due after provision by the Consultants to the
Client of a bank guarantee by a bank acceptable to the Client in an amount (or
amounts) and in a currency (or currencies) specified in the SC, such bank
guarantee (I) to remain effective until the advance payment has been fully set
off as provided in the SC, and (ii) to be in the form set forth in Appendix I
hereto or in such other form as the Client shall have approved in writing.
(b) As soon as practicable and not later than fifteen (15days) after the end of each
calendar month during the period of the Services, the Consultants shall submit
to the Client, in duplicate, itemized statements, accompanied by copies of
receipted invoices, vouchers and other appropriate supporting materials, of
the amounts payable pursuant to Clauses GC 6.3 and 6.4 for such month.
Each monthly statement shall distinguish that portion of the total eligible costs
which pertains to remuneration from that portion which pertains to
reimbursable expenditures.
(c) The Client shall cause the payment of the Consultants periodically as given in
schedule of payment above within sixty (60) days after the receipt by the
Client of bills with supporting documents. Only such portion of a monthly
statement that is not satisfactorily supported may be with held from payment.
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Should any discrepancy be found to exist between actual payment and costs
authorized to be incurred by the Consultants, the Client may add or subtract
the difference from any sub sequent payments. Interest at the rate specified in
the SC shall become payable as from the above due date on any amount due
by, but not paid on such due date.
(d) The final payment under this Clause shall be made only after the final report
and a final statement, identified as such, shall have been submitted by the
Consultants and approved as satisfactory by the Client. The Services shall be
deemed completed and finally accepted by the Client and the final report and
final statement shall be deemed approved by the Client as satisfactory ninety
(90) calendar days after receipt of the final report and final statement by the
Client unless the Client, within such ninety (90)-day period, gives written
notice to the Consultants specifying in detail deficiencies in the Services, the
final report or final statement. The Consultants shall there upon promptly
make any necessary corrections, and upon completion of such corrections,
the foregoing process shall be repeated. Any amount which the Client has
paid or caused to be paid in accordance with this Clause in excess of the
amounts actually payable in accordance with the provisions of this Contract
shall be reimbursed by the Consultants to the Client within thirty, (30) days
after receipt by the Consultants of notice thereof. Any such claim by the Client
for reimbursement must be made within twelve (12) calendar months after
receipt by the Client of a final report and a final statement approved by the
Client in accordance with the above.
(e) All payments under this Contract shall be made to the account of the Consultants
specified in the SC.
7. Fairness and Good Faith
7.1 Good Faith
The Parties under take to act in good faith with respect to each other's rights under
this Contract and to adopt all reasonable measures to ensure the realization of the
objectives of this Contract.
7.2 Operation of the Contract
The Parties recognize that it is impractical in this Contract to provide for every
contingency which may arise during the life of the Contract, and the Parties hereby
agree that it is their intention that this Contract shall operate fairly as between them,
and without detriment to the interest of either of them, and that, if during the term of
this Contract either Party believes that this Contract is operating unfairly, the Parties
will use their best efforts to agree on such action as may be necessary to remove the
cause or causes of such unfairness, but no failure to agree on any action pursuant to
this Clause shall give rise to a dispute subject to arbitration in accordance with Clause
GC 8 hereof.
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8. Settlement of Disputes
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or
in connection with this Contractor the interpretation thereof.
8.2 Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this Contract which
cannot be settled amicably within thirty (30) days after receipt by one Party of the
other Party's request for such amicable settlement may be submitted by either Party
for settlement in accordance with the provisions specified in the SC.
9. Intergrity Pact: The Consultant is required to sign Integrity pact (in the enclosed
format) and submit the same at the time of signing of agreement.
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III. SPECIAL CONDITIONS OF CONTRACT
GC Clause
A. Amendments of, and Supplements to, Clauses in the General

Conditions of Contract
1.1(a) The words “in the Government’s country” are amended to read ‘in INDIA”
1.4 The language is: English
1.6.1 The addresses are:
Client: Address of employer
Attention:
Telex :
Facsimile :
Consultant: Address of Consultant

Attention:
Cable address :
Telex
Facsimile
[Note’ : Fill in the Blanks]
1.6.2 Notice will be deemed to be effective as follows:
(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.
1.8 The Chief Engineer in Charge is: Mr Shiv Lahari Sharma, Chief Engineer (NH)
(Note:If the Consultants consist of a joint venture of more than one entity, the name
of the entity whose address is specified in SC1.6.1should be inserted here. If the
Consultants consist of one entity, this Clause 1.8 should be deleted from the SC)
1.9 The Authorised Representative are: For Client;
77
For the Consultants:
1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes,
duties, fees, levies and other impositions levied under the existing, amended or
enacted laws during life of this contract and the client shall perform such duties in
regard to the deduction of such taxes may be lawfully imposed.
2.1 The effectiveness conditions are the following:
i) Approval of the Contract by the client
2.2 The time period shall be four months or such other time period as the parties
may agree in writing.
2.3 The time period shall be one month or such other time period as the Parties
may agree in writing.
2.4 The time period shall be 72 months (24 month for construction period and 48
months for Maintenance period)
3.4 Limitation of the Consultants' Liability towards the Client
(a) Except in case of gross negligence or willful misconduct on the part of the
Consultants or on the part of any person or firm acting on behalf of the
Consultants in carrying out the Services, the Consultants, with respect to
damage caused by the Consultants to the Client's property, shall not be
liable to the Client:
i) for any indirect or consequential loss or damage; and

ii) Consultant will maintain at its expenses; Professional Liability Insurance
including coverage for errors and omissions caused by Consultant’s I
negligence in the performance of its duties under this agreement, (A) For the n
amount not exceeding total payments for Professional Fees and s
Reimbursable Expenditures made or expected to be made to the Consultants u
here under OR (B) the proceeds, the Consultants may be entitled to receive r
from any insurance maintained by the Consultants to cover such a liability, a
whichever of (A) or (B) is higher. n
iii) The policy should be issued only from an Insurance Company operating in c
India. e
iv) The policy must clearly indicate the limit of indemnity in terms of “Any One
Accident” (AOA) and “Aggregate limit on the policy period” (AOP) and in no case
should be for an amount less than stated in the contract.
v) If the Consultant enters in to an agreement with Employer in a joint venture or
‘in association’, the policy must be procured and provided to Employer by the
78
joint venture/ in association entity and not by the individual partners of the
joint venture/association.
vi) The contract may include a provision thereby the Consultant does not cancel
the policy midterm without the consent of the Employer. The insurance
company may provide an undertaking in this regard.
(b) This limitation of liability shall not affect the Consultants' liability, if any, for
damage to third Parties caused by the Consultants or any person or firm acting on
behalf of the Consultants in carrying out the Services.
(c) Professional Liability Insurance may be accepted for initially one year which shall be
extended annually for five years. PLI shall be uniformly taken for a period of five years.
3.5 The risks and the coverage shall be as follows
(a) Third Party motor vehicle liability insurance as required under Motor Vehicles
Act, 1988 in respect of motor vehicles operated in India by the 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.
3.7(c) The other actions are
"(i) 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".
3.9 The Consultants shall not use these documents for purposes unrelated to this
contract without the prior written approval of the Client.
4.6 "The person designated as Team Leader cum Sr. Highway Engineer in Appendix
C shall serve in that capacity, as specified in Clause GC 4.6."
6.1(b) The amount payable Indian Rupee is :
6.2(a) "Payments for remuneration made in accordance with Clause GC 6:2(a) in

shall be adjusted as follows :
79
(i) 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-moth wise. For calculating 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. quoted
amount of selected consultant will be converted to percentage of civil work
cost quoted by civil contractor and payment will be made in proportionate to
the financial progress of the civil work. Beginning 13th months from the last
date of submission of bid, billing rates shall be increased to cover all items
of the contract i.e. remunerations, 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 18 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.
(ii) Remuneration paid pursuant to the rates set forth in Appendix G shall be
adjusted every twelve(12) months (and, the first time, with effect for the
remuneration earned in the 13thcalendar month after the last date of
submission of bid) by 5% every 12month for personnel.
Notwithstanding any other provisions in the agreement in this regard, this

provision will prevail and over ride any other provision to the contrary in this
agreement.
6.2(b)(i) (1) 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 Appendix
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.
(2) 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).
6.2(b)(ii) The rates for foreign and local Personnel are set forth in Appendix G
.
6.4(a) The following provisions shall apply to the interest bearing advance payment and
the advance payment guarantee:
1) An advance payment. of 10% of the contract price in proportion to the quoted

80
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.
2) The bank guarantee shall be in the amount and in the currency of the advance
payment.
3) Interest rate shall be 10% per annum (on outstanding amount).
6.4 (c) The interest rate is 10 % per annum.

6.4(e) The accounts are:
..........................
[Note: Insert account number, type of account and name and address of the Bank]
8.2 Disputes shall be settled by arbitration in accordance with the following

provisions:
8.2.1 Selection of Arbitrators
Each dispute submitted by a Party to arbitration shall be heard by a sole arbitrator or

an arbitration panel composed of three arbitrators, in accordance with the
following provisions:
(a) Where the Parties agree that the dispute concerns a technical matter, they
may agree to appoint a sole arbitrator or, failing agreement on the identity of
such sole arbitrator or within thirty (30) days after receipt by the other Party
Of the proposal of a name for such an appointment by the Party who
initiated the proceedings, either Party may apply to the President, Indian
Roads Congress, New Delhi, for a list of not fewer than five nominees and,
on receipt of such list, the Parties shall alternately strike names there-from,
and the last remaining nominee on the list shall be the sole arbitrator for the
matter in dispute. If the last remaining nominee has not been determined in
this manner within sixty (60) days of the date of the list, the President, Indian
Roads Congress, New Delhi, shall appoint, upon the request of either Party
and from such list or otherwise, a sole arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a technical matter,
the Client and the Consultants shall each appoint one arbitrator, and these
two arbitrators shall jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the arbitrators named by the Parties do not succeed in
appointing a third arbitrator within thirty (30) days after the latter of the two
arbitrators named by the Parties has been appointed, the third arbitrator
shall, at the request of either Party, be appointed by Secretary, the Indian
Council of Arbitration, New Delhi.
(c) If, in a dispute subject to Clause SC 8.2.1(b), one Party fails to appoint its
arbitrator within thirty (30) days after the other Party has appointed its
arbitrator, the Party which has named an arbitrator may apply to the
81
Secretary, Indian Council of Arbitration, New Delhi, to appoint a sole

arbitrator for the matter in dispute, and the arbitrator appointed pursuant to
such application shall be the sole arbitrator for that dispute.
8.2.2 Rules of Procedure
Arbitration proceedings shall be conducted in accordance with procedures of the

Arbitration & Conciliation Act1996,of India unless the Consultant is a foreign
national/firm, where arbitration proceedings shall be conducted in
accordance with the rules of procedure for arbitration of the United Nations
Commission on International Trade Law (UNCITRAL) as in force on the date of
this Contract.
8.2.3 Substitute Arbitrators
If for any reason an arbitrator is unable to perform his function, a substitute shall
be appointed in the same manner as the original arbitrator.
8.2.4 Qualifications of Arbitrators

The sole arbitrator or the third arbitrator appointed pursuant to paragraphs (a)
through (c) of Clause 8.2.1 hereof shall be an internationally/nationally
recognized legal or technical expert with extensive experience in relation to the
matter in dispute.
8.2.5 Miscellaneous
In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the parties, be held in Delhi.
(b) The English language shall be the official language for all purposes; and
(c) The decision of sole arbitrator or of a majority of the arbitrators ( or of the third
arbitrator if there is no such majority) shall be final and binding and shall be
enforceable in any court of competent jurisdiction, and the Parties hereby waive
any objections to or claims of immunity in respect of such enforcement.
(d) Fee structure shall be as indicated below:

Sl Particulars Maximum amount payable per Arbitrator/ per case*
No.
1 Arbitrator fee Rs. 15,000/- per day subject to a maximum 4 lacs
Or
Rs 2.5 lacs (lump sum) subject to publishing the
award within 12 months.
2 Reading Charges Rs 15,000/-
3 Secretarial Assistance and Rs 20,000/-
Incidental charges
(telephone, fax, postage
etc.)
4 Charges for Publishing Maximum of Rs. 20,000/-
/declaration of the Award
82
5 Other expenses (as per Maximum ceiling

actual against bills
subject to maximum of the
prescribed ceiling)
Travelling Expenses Economy class (by air), First class AC (by train)
and AC car (by road)
Lodging and Boarding (a) Rs 15,000/- per day (in metro cities)
(b) Rs 7,000/- per day (in other cities)
(c) Rs 3,000/-per day, if any Arbitrator makes
their own arrangements.
6 Local Travel Rs. 1500/- per day
7. Extra charges for days other Rs. 3,500/- per day
than hearing/meeting days
(maximum for 2 days)
Note:- 1. Lodging, boarding and travelling expenses shall be allowed only for those
members who are residing 100 kms away from place of meeting.
2. Delhi, Mumbai, Chennai, Kolkata, Bangalore and Hyderabad shall be
considered as Metro Cities.
* May be suitably modified, as per market rates
83
IV. APPENDICES
Appendix A: Description of the Services
[Give detailed descriptions of the Services to be provided; dates for completion of various tasks,
place of performance for different tasks; specific tasks to be approved by Client, etc.]
Details as per TOR
84
Appendix B: Reporting Requirements
[List format, frequency, contents of reports and number of copies; persons to receive them;
dates of submission, etc. If no reports are to be submitted, state here "Not applicable".}
Please refer TOR
85
Appendix C: Key Personnel and Sub-consultants
[List under: C-l Titles [and names, if already available}, detailed job descriptions and
minimum qualifications. Experience of Personnel to be assigned to
work in India, and staff- months for each.
C-2 Same information as C-l for Key local Personnel.
C-3 Same as C-l for Key foreign Personnel to be assigned to work out
side India.
C-4 List of approved Sub-consultants [if already available]; same

information with respect to their Personnel as in C-l through C-4)
Please refer TOR
86
Appendix D: Medical Certificate
[Show here an acceptable form of medical certificate for foreign Personnel to be stationed
in India. If there is no need for a medical certificate, state here: "Not applicable. "]
The form of Medical Certificate as required under the rules of Govt. of India
87
Appendix E: Hours of Work for Key Personnel
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.
In respect of foreign personnel, one day per trip as travel time from and to the country of the
Government shall be allowed.
88
Appendix F:
Duties of the Client
[List here under:
F-1 Services, facilities and property to be made available to the Consultants by the Client.
F-2 Counterpart personnel to be made available to the Consultants by the Client.
Please refer TOR
89
Appendix G:
Cost Estimates
List hereunder cost estimate in INR:
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable/Rental/Fixed expenditures as follows:
a. Cost of local transportation.
b. Cost of other local services, rentals, utilities, etc.
90
Appendix H: FORM OF PERFORMANCE SECURITY
(PERFORMAMANCEBANKGUARANTEE)
(Clause -13 of TOR)
To
Address of Employer:
WHEREAS
1
[Name and address of Consultants] (hereinafter called “the consultants”)
has undertaken, in pursuance of Contract
No. dated
to provides the services on terms and conditions set forth in this
Contract __________[Name of contract and brief description of works) (hereinafter called
the “the Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultants shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor andresponsible to you,
on behalf of the Consultants up to a total of
2
[amount of Guarantee]
[in words], such sum
being payable in the types and proportions of currencies in which the Contract Price is
payable, and we undertake to pay you, upon your first written demand and without cavil or
argument, any sum or sums within the limits of [amount of Guarantee] as
aforesaid without your needing to prove or to show grounds or reasons for your demand
for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Consultants before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contractor of the services to be performed there under or of any of the Contract
documents which may be made between you and the Consultants shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such
change, addition or modification.
The liability of the Bank under this Guarantee shall not be affected by any change in the
91
constitution of the consultants or of the Bank.
Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs.
(Rs. ) and the guarantee shall remain valid
till . Unless a claim or a demand in writing is made upon us on or before
all our liability under this guarantee shall cease.
This guarantee shall be valid for a period of 38 months i.e. upto 2 months beyond the expiry of
contract of 36 months.
Signature and Seal of the Guarantor _________________In presence of
Name and Designation 1.
(Name, Signature &

Occupation)
Name of the Bank
Address 2.
(Name &Occupation)
Date
1Give names of all partners if the Consultants is a Joint Venture.
92
Appendix I: Form of Bank Guarantee for Advance Payments
(Reference Clause 6.4(a) of Contract)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
Ref: Bank Guarantee: _________
Date:
Dear Sir,
In consideration of M/s. (herein after referred as the "Client", which

expression shall, unless repugnant to the context or meaning thereof include it successors,
administrators and assigns) having awarded to M/s.
(herein after referred to as the "Consultant" which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a contract by issue of client's Contract Agreement
No. dated and the same having been
unequivocally accepted by the Consultant, resulting in a Contract valued at
for Contract (hereinafter called the "Contract")
(scope of work)
and the Client having agreed to make an advance payment to the Consultant for
performance of the above Contract amounting to (in words and figures) as an advance
against Bank Guarantee to be furnished by the Consultant.
We
(Name of the Bank) having its Head Office at (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 guarantee and undertake to pay the client
immediately on demand any or, all monies payable by the Consultant to the
extent of - as aforesaid at any time upto
@ without any demur,
reservation, contest, recourse or protest and/or without any reference to the consultant. Any
such demand made by the client on the Bank shall be conclusive and binding notwithstanding
any difference between the Client and the Consultant or any dispute pending before any
Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein
contained shall be irrevocable and shall continue to be enforceable till the Client discharges
this guarantee.
The Client shall have the fullest liberty without affecting in any way the liability of the Bank
under this Guarantee, from time to time to vary the advance or to extend the time for
93
performance of the contract by the Consultant. The Client shall have the fullest liberty without
affecting this guarantee, to postpone from time to time the exercise of any powers vested in
them or of any right which they might have against the Client and to exercise the same at any
time in any manner, and either to enforce or to forebear to enforce any covenants, contained
or implied, in the Contract between the Client and the Consultant any other course or remedy
or security available to the Client. The bank shall not be relieved of its obligations under these
presents by any exercise by the Client of its liberty with reference to the matters aforesaid or
any of them or by reason of any other actor forbearance or other acts of omission or
commission on the part of the Client or any other Indulgence shown by the Client or by any
other matter or thing whatsoever which under law would but for this provision have the effect
of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Consultant and notwithstanding any security or other guarantee that the Client may have in
relation to the Consultant's liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is limited to
and it shall remain in force upto and including
and
shall be extended from time to time for such period (not exceeding one year), as may be
desired by M/s. on whose behalf this
guarantee has been given.
Dated this day of

200 at
WITNESS
(signature)
(Signature)
(Name)
(Name)
(Official Address) Designation (with Bank stamp)
94
Attorney as per Power of
Attorney No.
Dated
Strike out, whichever is not applicable.
Note1:The stamp papers of appropriate value shall be purchased in the name of bank
Who issues the "Bank Guarantee”.
Note2: The bank guarantee shall be from a Nationalized Indian Bank or reputed foreign
commercial Bank acceptable to client for Foreign Consultant with counter guarantee from
Nationalized Bank. Bank guarantee furnished by Foreign consultant shall be confirmed by
any Nationalized Bank in India.
95
Appendix J
Letter of invitation
96
Appendix K
Letter of Award
97
Appendix L
Minutes of pre-bid meeting
98
Appendix-M
Memorandum of Understanding
Between
__________________________
And
__________________________
Whereas the National Highway Authority of India (NHAI)/Ministry of Road

Transport & Highways (MoRTH) /...........State PWD (the ‘Employer’) has invited proposal for
appointment of Authority’s Engineer for Widening to 4-lane with paved shoulder with CC
pavement from km 256/550 to km 289/500 on Kota-Darah Section of NH-12 (Kota-
Jhalawar Road) in the State of Rajasthan on EPC mode hereinafter called the Project.
And Whereas _________________ (Lead Partner) and _______________ JV

partner/s have agreed to form a Joint Venture to provide the said services to the Employer as
Authority’s Engineer; and
Now, therefore, it is hereby agreed by and on behalf of the partners as follows:
(i) ___________ will be the lead partner and ____________ will be the other JV
partner/s.
(ii) ______________ (lead partner) shall be the in-charge of overall administration of

contract and shall be authorised representative of all JV partners for conducting all
business for and on behalf of the JV during the bidding process and subsequently,
represent the joint venture for and on behalf of the JV for all contractual matters for
dealing with the Employer/EPC Contractor if Consultancy work is awarded to JV.
(iii) All JV partners do hereby undertake to be jointly and severely responsible for all the
obligation and liabilities relating to the consultancy work and in accordance with the
Terms of Reference of the Request for Proposal for the Consultancy Services.
(iv) Subsequently, if the JV is selected to provide the desired consultancy services, a
detailed MOU indicating the specific project inputs and role of each partner/s along
with percentage sharing of cost of services shall be submitted to the Employer
(Consultant may submit the detailed MOU along with percentage sharing of cost at
the time of bidding also).
For____________________ (Name of Lead partner)

_______________________
Managing Director/Head of the Firm
Address
For____________________ (Name of JV partner/s)
_______________________
Managing Director/Head of the Firm
Address
For____________________ (Name of Associate Partner/s)
99
Appendix-N
BANK GUARANTEE FORMAT FOR BID SECURITY

(To be stamped in accordance with Stamp Act if any, of the country of issuing bank)
Ref.: Tender No. _________, dated ________
Bank Guarantee:
Date:
WHEREAS, _________________(Name of Bidder) __ (hereinafter called “the bidder”) has
submitted his bid dated ______________________ (date) for the Tender No. _________, dated
_________ (hereinafter called “the Bid”).
KNOW ALL MEN by these presents that We, ______________________ [Name of Bank) of
___________________________________ [Name of Country] having our registered office at
________________________ (hereinafter called “the Bank”) are bound unto
____________________________________________________ [Name of Employer] (hereinafter
called “the Employer”) in the sum of Rs. _______ (Rupees ______ Lakhs Only) for which payment will
and truly to be made to the said Employer the Bank binds himself, his successors and assigns by these
presents.
SEALED with the Common Seal of the said Bank this _______day of _________ 2011.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws his Bid during the period of bid validity specified in the Bid document; or
2. If the Bidder does not accept the correction of arithmetical errors of his Bid Price in accordance with
the Instructions to Bidder; or
3. If the Bidder having been notified of the acceptance of his Bid by the Employer during the period of
bid validity,
a. fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders,
if required; or
b. fails or refuses to furnish the Performance Security, in accordance with the Instructions to
Bidders,
we undertake to pay the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand the Employer will
note that the amount claimed by him is due to him owing to the occurrence of one or any of the
conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 180 (one hundred and eighty) days after
the deadline for submission of bids as such deadline is stated in the Instructions to Bidders or as it may
be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand
in respect of this Guarantee should reach the Bank not later than the above date.
Notwithstanding anything contained herein before, our liability under this guarantee is restricted to
Rs.__________ (Rs._________________________) and the guarantee shall remain valid till ________.
Unless a claim or a demand in writing is made upon us on or before ____________ all our liability under
this guarantee shall cease.
DATE _______________
SIGNATURE OF THE BANK _______________________

SEAL OF THE BANK _____________________________
SIGNATURE OF THE WITNESS ____________________
Name and Address of the Witness ___________________
The bank guarantee shall be issued by a bank (Nationalized/Scheduled) located in India
100
Appendix - O
Evaluation Sub Criteria for Procurement of Authority’s Engineer for Widening to 4-lane
with paved shoulder with CC pavement from km 256/550 to km 289/500 on Kota-Darah
Section of NH-12 (Kota-Jhalawar Road) in the State of Rajasthan on EPC mode
(Minimum Eligibility criteria for applicant as per RFP document to be checked before carrying
out detailed evaluation)
Evaluation Criteria for Assessment of Relevant Experience of the Firm.
(Refer para 5.1 of Data Sheet of RFP)
Enclosed separately in Excel Format
101
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the
same accordingly.
102

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MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

REQUEST FOR PROPOSAL (RFP)

Consultancy Services for Authority Engineer for

Transport Bhawan, 1, Parliament Street, New Delhi – 110001

Sr. No. Particulars Page Nos.

REQUEST FOR PROPOSAL (RFP)

SECTION 1: INFORMATION TO CONSULTANTS

TABLE1: DETAILS OF PROJECT

S NH State Project Stretch Project Assignment

12 Rajasthan Widening to 4-lane with paved 34.33/

4. Ministry of Road Transport & Highways intends to appoint a Consultant to act as

A). Eligibility criteria for sole applicant firm.

S.No. Experience of the firm in last 7 years Annual Turnover***

Year of completion of services / turnover Enhancement factor

The Chief Engineer(P-4),

Bid to be submitted in the office of:

Superintending Engineer (P-4)

SECTION 2. LETTER OF INVITATION TO CONSULTANTS

(ii) “fraudulent practice ”means a mis-representation or omission of facts in order

(iii) “collusive practices ”means a scheme or arrangement between two or

(iv) “coercive practices ”means harming or threatening to harm, directly or

2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

Part 1: Technical Proposal

i. A brief description of the firm’s organisation and an outline of recent experience of

Part 2: Financial Proposal

4. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)

(a) Technical proposal as indicated in para ‘B’ below

(I) Technical Proposal in Hard Bound Form including

(a) Power of Attorney for signing the Application

(c) Copy of Memorandum of Understanding between JV partners, if

(f) Technical proposal as per format prescribed in SECTION-4 OF RFP.

(g) Self-evaluation based on evaluation criteria.

(Mention Address of Employer’s Representative)

Superintending Engineer (P-4)

4.2 Modification / Substitution/ Withdrawal of bids:

Superintending Engineer (P-4)

3.1 The Language of documents and correspondence will be English

5.1 The points assigned to Technical Evaluation criteria are:

S.No. Staff Position Marks in case of

Sub criteria for qualification of key Personnel (i.e. Professional staff)

5.2 Sub criteria for employment with firm

Marks for employment with firm

i. Name of the package applied for:-

Consultant Year of Country Type of Organization

NOTE:- Year of Establishment of Lead Partner of JV shall be considered.

i. Annual turnover from Consulting

S No P roje ct s N a m e / Typ e of Length Client Total Fee Fee %age of P e r io d

e) For weightage of experience in any past Consultancy assignment, experience

Managing Director/Head of the firm/Authorised

APPENDIX B-2 : COMMENT AND SUGGESTIONS OF CONSULTANTS ON THE TERMS

On the Terms of Reference (not more than one page):

(not more than six pages)

Sl. No. Name Position Task

Sl. No. Name Position Task

APPENDIX B-5 : FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED

Proposed Position : ……………………………………………… Photograph

Summary of Qualification & Experience vis-à-vis the requirements as per TOR