NIT02CE
NIT02CE
NIT02CE
GOVERNMENT OF INDIA
CENTRAL PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSAL
FOR
PROVIDING CONSULTANCY SERVICES FOR
PREPARATION OF INTEGRATED MOBILITY
DEVELOPMENT PLAN FOR THE CENTRAL VISTA AREA
AT NEW DELHI
Issued by
INDEX
2. Intending bidders are eligible to submit the bid provided they have definite proof from the
appropriate authority, which shall be to the satisfaction of the competent authority, of having
satisfactorily completed similar works of magnitude specified.
Contractors who fulfil the eligibility requirements specified in “Section II: Information and
eligibility criteria for bidders” of RFP, shall be eligible to apply.
3. The intending bidder must read the terms and conditions of RFP document. He should only
submit his bid if he considers himself eligible and he is in possession of all the documents
required. Also, he considers that he can perform the assignment, if pre-qualified, as per
terms and condition of the bid.
4. Information and instructions for bidders posted on website shall form part of bid document.
Bid document can be downloaded from website “https://etender.cpwd.gov.in” free of cost
5. Intending bidders are requested to register/update their profile on the e-Tendering website
“https://etender.cpwd.gov.in. Only e-bids shall be accepted.
6. The intending bidder must have valid class-III digital signature certificate with encryption
key (combo type) to perform any operations/transactions on the e-tendering portal / website
and the bidder should download and install the eMsigner on their system as per instruction
available on download section of https://etender.cpwd.gov.in.
7. On opening date, the bidder can login and see the bid opening process.
8. Bidder can upload documents in the form of JPG and PDF formats.
9. The eligibility part of RFP shall be opened on due date and time as mentioned above. The
date & time for opening of financial part of the bidders qualifying the eligibility part shall
be communicated to them at a later date. The bidder or his representatives may remain
present in the office of bid opening authority.
10. The department reserves the right to reject any or all bids without assigning any reason
thereof. This pre-qualification documents will not form part of the agreement.
11. Pre-bid meeting held on 01.09.2023 at 11:00 hrs in the office of Chief Engineer, CVPEZ-
1, CPWD, Room No. 308, Vidyut Bhawan, New Delhi to clear any doubts about the RPF.
List of Document to be scanned and uploaded within the period of bid submission
as applicable:
1. Letter of transmittal.
2. Financial information (Form ‘A’).
3. Details of eligible similar consultancy jobs completed during the last seven
years ending on 31.07.2023 (Form ‘B’) & ongoing consultancy jobs in
(Form C).
4. Performance report of works referred in Form ‘C’ (Form ‘D’)
5. Structure & organization (Form ‘E’).
6 Manpower proposed for deployment (FORM-‘F’)
7. Scanned copy of EMD and copy of receipt for deposition of original EMD
to division office of any EE, CPWD.
8. GST Registration Certificate, if already obtained by the bidder.
If the bidder has not obtained GST registration as applicable, then he
shall scan and upload following undertaking along with bid documents
“If we are pre-qualified and work is awarded to me, I/We shall obtain
GST registration certificate, as applicable, within one month from the date of
receipt of award letter or before release of any payment by CPWD, whichever
is earlier, failing which I/We shall be responsible for any delay in payments
which will be due towards me/us on account of the work executed and/or for
any action taken by CPWD or GST Department in this regard”.
SECTION-I
(Brief Particulars and scope of work)
1. BACKGROUND
The Central Vista complex is the centre of administration for the nation and houses all facilities
needed for efficient functioning of the Government of India. It is also a significant tourist
attraction, besides being the site for the majority of India’s national festivals and key
ceremonial events. Inaugurated in 1931, the Central Vista included the Rashtrapati Bhavan,
North and South Blocks, the Parliament House, the Record Office (later named as The National
Archives) along with the India Gate monument and the civic gardens on either side of the
Rajpath (renamed as Kartavya Path).
The Central Vista Avenue comprises of Kartavya Path and India Gate lawns. Post-
independence, the Central Secretariat buildings such as Udyog Bhawan, Nirman Bhawan,
Shastri Bhawan, Rail Bhawan and Krishi Bhawan were constructed during 1956 - 1968 to cater
to the increased demand for office spaces, required for the Central Government Ministries.
Over a period of time, with increased spatial requirements, change in functioning, advancement
in technology and hi-tech building infrastructure services, these buildings have outlived their
life. There was an acute need for each of these buildings to expand, upgrade, increase functional
- infrastructural efficiency, consolidate and integrate. Moreover, there was also an additional
requirement of office space for the Members of Parliament and hence the Central Vista
redevelopment project aims to strengthen governance infrastructure by building new facilities
for India's Parliament, an efficient and sustainable Central Secretariat to house all the ministries
of the Government of India.
2. AIMS & OBJECTIVES:
Out of the key objectives of the Central Vista redevelopment project like Restoring the original
symmetry and layout of the Central Vista, Strengthening the functioning of legislature,
Improving productivity and efficiency of administration, Conservation and rejuvenation of
cultural and heritage facilities, Providing adequate and secure infrastructure for executive,
Ensuring environmental sustainability, expanding public space and extending the Central Vista
axis, Promoting Transit Oriented Development is of absolute importance.
The Central Vista Development /Redevelopment project has been envisaged by integrating the
principles of transit-oriented development. All buildings of the Central Secretariat will be
connected to each other and to Delhi’s metro network via a secure people mover. As a result
3. SCOPE OF WORK
The Integrated Mobility Development Plan for the Central Vista area would include the
Data collection and review, Assessment and demand analysis, Recommendation on
traffic, parking and transportation management and preparation of a Techno-economic
feasibility study of suitable public transport system.
2.2 Assess the existing traffic circulation pattern using the survey findings and other traffic
survey reports to identify challenges and issues in the existing traffic circulation pattern
2.3 Analyse peak periods and identify potential areas of congestion
2.4 Demand estimation of office users & visitors for projected assessment on year 2050 and
mode usage behaviour.
2.5 Evaluation of the expected parking demand based on anticipated office users & visitor’s
numbers and mode usage behaviour.
3.1 Provide recommendations for improvement of the traffic circulation pattern not limited to
improvement of traffic signals, improvement of auto rickshaw movement, improvement of U-
turn and right turn points, traffic information system, signalized junctions, one-way traffic
movement, route rationalization, Public Transport Information System, optimization of bus
routes network, and traffic demand management system. The proposed traffic circulation plan
and area improvement plan should be prepared to keep in view the architectural, aesthetic,
heritage and urban design guidelines prescribed for Lutyens Delhi in general and the Central
Vista area specifically.
3.2 Provide recommendations for parking management arrived in demand analysis by
providing strategies for parking management by focusing on both parking demand management
measures by encouraging public transport system and provision of Hub Parking (Shared
Parking Space), Multi-Level Parking, Grade level parking to meet the demand of the officer
users and visitors. This may include any physical or technological upgrades to optimize present
parking efficiency. The design should be proposed in line with the area’s urban design & street
design guidelines and ensure compliance with safety and accessibility standards.
3.3 Provide recommendations on Intermediate Public Transport (IPT) from the metro stations,
bus stops and Parking locations to boarding & alighting points at Central Vista
3.4 Provide recommendations on suitable Public Transport System based on Peak Hour Peak
Direction Traffic (PHDDT) and its integration with existing Metro network.
3.5 Preparation of a Techno-economic feasibility study of the suitable public transport system
covering the following elements:
i. Peak Hour Peak Direction Traffic (PHDDT) demand assessment including demand
forecast for year 2050
ii. Alignment option study
iii. Selection of a suitable system covering the following:
a. Infrastructure
b. Stations
c. Systems
d. Maintainability
e. Cost Assessment
iv. Operational Plan
v. Economic and financial assessment
vi. Implementation Plan
3.1 Deliverables
4. Payment Milestones
Sr. Payment
Deliverables
No. Milestones (in %)
5. Bidder / individuals shall not share / provide access to any information related to this job /
project to any individual network or firm / company network system except to the authorized
persons for reporting. Bidder shall submit affidavit to maintain official secrecy on
prescribed format on behalf of company and individual employed by the company.
Violation to this shall attract punitive action as provided under Officials Secrets Act.
6. CPWD / MoUHA shall have absolute rights to stop the consultancy work in part or whole
with 30 days’ notice and firms shall have no right for claims of damages in this regard.
7. Manpower identified and submitted with bid document should not be changed and same
shall be got approved from the CPWD within 15 days of acceptance of offer. Only in
exceptional circumstances, change will be allowed with prior approval of CPWD. CPWD
can ask for replacement of any person who is found to be incapable of performing the
assigned job.
8. Manpower is to function from premise of client and for this suitable space with necessary
internet connectivity will be provided. Manpower is to use their own laptops and will
arrange any licenced software/operating system tools at their own cost.
SECTION-II
INFORMATION & ELIGIBILITY CRITERIA FOR BIDDERS
1.0 General:
1.1 Letter of transmittal and forms for deciding technical eligibility are given in Section III.
1.2 All information called for in the enclosed forms should be furnished against the relevant
columns in the forms. If for any reason, information is furnished on a separate sheet, this
fact should be mentioned against the relevant column. Even if no information is to be
provided in a column, a “nil” or “no such case” entry should be made in that column. If
any particulars / queries are not applicable in case of the bidder, it should be stated as “not
applicable”. The bidders are cautioned that not giving complete information called for in
the application forms or not giving it in clear terms or making any change in the prescribed
forms or deliberately suppressing the information may result in the eligibility bid being
summarily disqualified. Application made by telegram or telex and those received late will
not be entertained.
1.3 The bid should be filled and submitted online.
1.4 Pages of the RFP document are numbered. Additional sheets, if any added by the
Consultant, should also be numbered by him. They should be submitted as a package with
signed letter of transmittal.
1.5 References, information and certificates from the respective clients certifying suitability,
technical knowledge or capability of the bidder should be signed by an officer not below
the rank of Executive Engineer or equivalent.
1.6 The bidder may furnish any additional information, which he thinks is necessary to
establish his capabilities to successfully complete the envisaged work. He is, however,
advised not to furnish superfluous information. No information shall be entertained after
submission of eligibility criteria document unless it is called for by the employer.
1.7 Any information furnished by the bidder & found to be incorrect either immediately or at
a later date, would render him liable to be debarred in future assignment in
CPWD/MoHUA.
2.0. Definitions:
2.1 In this document the following words and expression have their meaning here by assigned
to them.
2.2 EMPLOYER / CLIENT means the President of India, acting through the Executive
Engineer (E), Central Vista Project Electrical Division-4, CPWD, New Delhi or his
successors.
2.3 Bidder means the individual, proprietary firm, firm in partnership, limited company, private
or public or corporation.
2.4 “YEAR” means “Financial year” unless stated otherwise.
b) The Firm / Consultant should be consultancy firm with registered office in India.
c) Similar work / project shall mean consultancy work for “Preparation of Master Plan
/ Area development plan / traffic studies / mobility plan and / or Feasibility
study/DPR of urban public transport system.”
At least one project is to be international in each category.
d) A wholly owned subsidiary of an international firm can use the credentials of the parent
company, provided parent company gives an undertaking that they will not offload the
stake during currency of the contract.
e) The value of executed work shall be brought to current costing level by enhancing the actual
value of work at simple rate of 7% per annum; calculated from the date of completion to
last date of receipt of tender. For works completed in Private Sector, TDS in support
shall be uploaded for verification of work or authenticated by CA with Unique
Document Identification Number (UDIN) or by independent Third-Party Inspection
Agency (certification).
7.1 The bidder’s performance for each consultancy completed in the last seven years and in
hand should be certified by an officer not below the rank of Executive Engineer or
equivalent.
7.2 The bidder should have had average financial turnover of Rs. 100 crore during the last three
consecutive years. Balance sheets duly audited by Charted Accountant with Unique
Document Identification Number (UDIN). Year in which no turnover is shown would also
be considered for working out the average.
7.3 The bidder should not have incurred any loss (profit after tax should be positive) in more
than two years during available last five consecutive balance sheet, duly audited and
certified by the Charted Accountant with Unique Document Identification Number
(UDIN).
8.0 Evaluation criteria
8.1. The details submitted by the bidder will be evaluated in the following manner:
8.1.1 The bidders qualifying the initial criteria as set out in para 7.0 above will be evaluated for
following criteria by scoring method given in Proforma-I for technical score on the basis of
details furnished by them: -
(a) Past experience of the Consultant (track record) : Maximum 20 Marks
(b) General profile of qualification, experience and number : Maximum 20 Marks
of key staff on the role of firm
(c) Overall financial strength of the consultants in terms of : Maximum 10 Marks
turnover, profitability and cash flow (liquid assets)
situation
(d) Approach and Methodology, : Maximum 50 Marks
Total : 100 marks
NOTE:-
(i) Criteria for evaluation of technical performance is given in Proforma I.
(ii) To become eligible for qualification, the bidder must secure at least 60% (sixty
percent) marks in each (section a, b, c, d) and 75% (seventy five percent) marks in
aggregate.
(iii) Proposals will be ranked according to their Final Composite Score (FCS) marked
out of 100 marks which shall be calculated by assigning a weightage of 80% to
Bidder’s Technical Score (TS) and a weightage of 20% to bidder’s Financial Score
(FS).
(iv) The formula to calculate the FCS is “FCS = (TS x 0.80) + (FS x 0.20). TS is the
total technical score of the bidder out of 100 marks. FS is the bidder’s financial
score out of 100 marks by assigning 100 marks for lowest financial quote. FS of
other bidder shall be worked out by formula- 100 X Bid amount of L1 bidder/Bid
amount of that bidder.
(v) The Bidder who obtains highest FCS shall be considered for award of work.
8.1.2 Even though any bidder may satisfy the above requirements, he would be liable to
disqualification if he has:
(a) Made misleading or false representation or deliberately suppressed the
information in the forms, statements and enclosures required in the eligibility
criteria document,
(b) Record of poor performance such as abandoning work, not properly completing the
contract, or financial failures / weaknesses etc.
9.0 Financial information
Bidder should furnish the financial information like Annual Financial Statement for the
last five years (in Form “A”).
10.0 Experience in similar works
10.1 Bidder should furnish the list of past experience and capabilities (in Form ‘B’) and ongoing
assignment in Form-C.
10.2 Particulars of completed jobs and performance of bidder duly authenticated / certified by
an officer not below the rank of Executive Engineer or equivalent should be furnished
separately for each job completed (in Form ‘D’).
11.0 Organization information
11.1 Bidder is required to submit the following information in respect of his organization (in
Form “E”).
11.2 Details of proposed manpower with experience (In Form “F”)
12.0 LETTER OF TRANSMITTAL
The Bidder should submit the letter of transmittal attached with the document.
13.0 Opening of RFP Bid
11.1 The bid shall remain valid for 75 days from the date of opening of technical bid.
14.0 Employer’s right to reject any bid
14.1 The employer reserves the right, without being liable for any damages or obligation to
inform the bidder to:
a) Amend the scope and value of contract to the bidder.
b) Reject any or all the applications without assigning any reason.
14.2 Any effort on the part of the bidder or his agent to exercise influence or to pressurize the
employer would result in rejection of his bid. Canvassing of any client is prohibited.
14.3 Conditional bids shall be summarily rejected.
Proforma –I
Technical Evaluation Criteria
Criteria Grading Criteria Sub Marks
Marks
1 Past experience of the Consultant 20
(track record)
1.1 Number of years’ relevant a) Min 15 years as on 31.07.2023 3.0 5.0
experience of the company b) Beyond 15 years – 0.5 Mark for 2.0
every additional year or part thereof
subject to a maximum of 2 marks.
1.2 Relevant Project Experience a) 2 projects 3.0 5.0
Master Plan / Area development b) Beyond 2 projects – 1 Mark for 2.0
plan / traffic studies / mobility plan every additional projects subject to
of area more than 100 Hectare in last a maximum of 2 marks.
10 (ten) years and
1.3 Feasibility study / DPR of urban a) 2 projects 3.0 5.0
public transport system of area more b) Beyond 2 projects – 1 Mark for 2.0
than 100 Hectare in last 10 (ten) every additional projects subject to
years. a maximum of 2 marks.
1.4 Ongoing consultancy jobs for a) Sum of project cost = Rs. 2000 3.0 5.0
similar nature of projects crore 2.0
b) Beyond Rs. 2000 crore - 1 Mark for
every additional project cost of Rs.
1000 crore subject to maximum of
2 marks.
Note: At least one project is to be international in each category in 1.2 & 1.3 above
15.0 After submission of the bid the contractor can re-submit revised bid any number of times
but before last time and date of submission of bid as notified.
16.0 While submitting the revised bid, contractor can revise the rate of one or more item(s) any
number of times (he need not re-enter rate of all the items) but before last time and date of
submission of bid as notified.
17.0 Earnest Money in the form of Insurance Surety Bonds, Account Payee Demand Draft, Fixed
Deposit Receipt, Banker's Cheque or Bank Guarantee including e- Bank Guarantee (for
balance amount as prescribed) from any of the Commercial Banks (drawn in favour of
Executive Engineer, Central Vista Project Division-2, Room No. A - 205, IP Bhawan,
CPWD, New Delhi-110002) shall be scanned and uploaded on the e-Tendering website
within the period of bid submission. The original EMD should be deposited either in the
office of Executive Engineer inviting bids or division office of any Executive Engineer,
CPWD within the period of bid submission. The EMD receiving Executive Engineer
(including NIT issuing EE/AE) shall issue a receipt of deposition of earnest money deposit
to the bidder in a prescribed format (enclosed) uploaded by tender inviting EE in the NIT.
A part of earnest money is acceptable in the form of bank guarantee also. In such case,
minimum 50% of earnest money or Rs. 20 lac, whichever is less, shall have to be deposited
in shape prescribed above, and balance may be deposited in shape of Bank Guarantee
including e- Bank Guarantee of any Commercial bank having validity for a period of 180
days or more from the last date of receipt of bids which is to be scanned and uploaded by
the intending bidders.
The earnest money given by all the tenderers except the lowest tenderer shall be refunded
immediately after the expiry of stipulated bid validity period or immediately after
acceptance of the successful bidder, whichever is earlier. However, in case of two / three
bid system, earnest money deposit of bidders unsuccessful during technical bid evaluation
etc. should be returned within 30 days of declaration of result of technical bid evaluation.
Copy of certificate of work experience and other documents as specified in the notice
inviting e- tender shall be scanned and uploaded on the e-Tendering website within the
period of bid submission. However, certified copy of all the scanned and uploaded
documents as specified in e- tender notice shall have to be submitted by the lowest bidder
within a week physically in the office of RFP opening authority. Online bid documents
submitted by intending bidders shall be opened only of those bidders, whose original EMD
deposited with any division of CPWD and other documents scanned and uploaded are found
in order.
The bid submitted shall be opened at 03:30 PM on 13.09.2023.
18.0 The bid submitted shall become invalid and e-Tender processing fee (if applicable) shall
not be refunded if:
i) The bidder is found ineligible.
ii) The bidder does not upload scanned copies of all the documents stipulated in the bid
document.
(iii) If any discrepancy is noticed between the documents as uploaded at the time of
submission of bid and hard copies as submitted physically by the lowest bidder in the
office of bid opening authority.
(iv) If a tenderer quotes nil rates against each item in item rate tender or does not quote
any percentage above/below on the total amount of the tender or any section / sub
head in percentage rate tender, the tender shall be treated as invalid and will not be
considered as lowest tenderer.
19.0 The contractor whose bid is accepted will be required to furnish performance guarantee at
5% of the tendered amount and within the period specified in Clause 11 of GC. This
guarantee shall be in the form of Insurance Surety Bonds, Account Payee Demand Draft,
Fixed Deposit Receipt or Bank Guarantee from any of the Commercial Banks in accordance
with the prescribed form. In case the contractor fails to deposit the said performance
guarantee within the period as indicated in GCC, including the extended period if any, the
Earnest Money deposited by the contractor shall be forfeited automatically without any
notice to the contractor. The earnest money deposited along with bid shall be returned after
receiving the aforesaid performance guarantee.
20.0 The competent authority on behalf of President of India reserves to himself the right of
accepting the whole or any part of the bid and the bidders shall be bound to perform the
same at the rate quoted.
21.0 The bid shall remain valid for 75 days from the date of opening of technical bid. Further
(i) If any tenderer withdraws his tender or makes any modification in the terms &
conditions of the tender which is not acceptable to the department within 7
days after last date of submission of bids, then the Government shall without
prejudice to any other right or remedy, be at liberty to forfeit 50% of the earnest
money absolutely irrespective of letter of acceptance for the work is issued or
not.
(ii) If any tenderer withdraws his tender or makes any modification in the terms &
conditions of the tender which is not acceptable to the department after expiry
of 7 days after last date of submission of bids, then the Government shall
without prejudice to any other right or remedy, be at liberty to forfeit 100% of
the earnest money absolutely irrespective of letter of acceptance for the work
is issued or not.
(iii) In case of forfeiture of earnest money as prescribed in para (i) and (ii) above,
the bidders shall not be allowed to participate in the rebidding process of the
same work.
22.0 This RFP document shall form a part of the contract document. The successful bidder, on
acceptance of his bid by the Accepting Authority shall within 15 days from the stipulated
date of start of the work, sign the contract consisting of: -
(a) The RFP document, including all the documents forming part of the bid as uploaded
at the time of invitation of bid and the rates quoted online at the time of submission
of bid and acceptance thereof together with any correspondence leading thereto.
(b) GC and SC which are part of RFP.
SECTION III
INFORMATION REGARDING ELIGIBILITY
LETTER OF TRANSMITTAL
From:
To
Subject: Submission of bids for the work “Providing Consultancy services for preparation of
Integrated Mobility Development Plan for the Central Vista Area at New Delhi”.
Having examined the details given in press notice and application document for the
above work, I we hereby submit the relevant information.
1. I / we hereby certify that the statement made and information supplied in the enclosed
forms A to E and accompanying statement are true and correct.
2. I / we have furnished all information and details necessary for eligibility and have no
further pertinent information to supply.
5. I / we hereby agrees for the terms and conditions of draft contract agreement.
Certificate: It is certified that the information given in the enclosed eligibility bid are
correct. It is also certified that I / we shall be liable to be debarred in department /
ministry for at least 2 years, in any case information furnished by me / us found to be
incorrect.
Enclosures:
Date of submission:
Signature(s) of Bidders(s)
Financial Years
2017-18 2018-19 2019-20 2020-21 2021-22
Gross Annual
i)
turnover
FORM ‘B’
Details of similar nature of consultancy jobs completed during the last seven years ending up to
31.07.2023
S. Name of Owner or Cost of Date of Stipulated Actual Litigation/ Name and Amount of
No. work/ sponsoring work in commencement date of date of arbitration address/ consultancy
project and organization crores of as per contract completion completion cases pending telephone fee
location rupees /in number of
progress officer
with
details*
1 2 3 4 5 6 7 8 9 10
Signature of Bidder(s)
FORM ‘C’
S. Name of Owner or Cost of Date of Stipulated Likely Litigation/ Name and Amount of Stage/
No. work/ sponsoring work in commencement date of date of arbitration address/ consultancy progress of
project and organization crores of as per contract completion completion cases telephone fee job
location rupees pending /in number of
progress officer
with
details*
1 2 3 4 5 6 7 8 9 10 11
Signature of Bidder(s)
FORM ‘D’
Name of Consultant:
FORM ‘E’
SIGNATURE OF BIDDER(S)
FORM-F
Manpower proposed for deployment
SIGNATURE OF BIDDER(S)
SECTION IV
DRAFT CONTRACT
AGREEMENT
Between
And
M/s ………………………..
For
Submission of bids for the work “Providing Consultancy services for preparation of Integrated
Mobility Development Plan for the Central Vista Area at New Delhi”.
CONTENTS
Submission of bids for the work “Providing Consultancy services for preparation of Integrated
Mobility Development Plan for the Central Vista Area at New Delhi”
This CONTRACT (hereinafter called the “Contract”) is made on the **.**.2023, between, on the
one hand, The Executive Engineer (E), Central Vista Project Electrical Division-4, CPWD, New
Delhi (hereinafter called the “Client”) and,
On the other hand, M/s--------------------------------------
---- (hereinafter called the “Consultant”).
WHEREAS
(A) the Client has requested the Consultant to provide certain consulting services as defined
in the General Conditions attached to this Contract (here in after called the “Services”);
(B) the Consultant, having represented to the Client that they have the required professional
skills, personnel and technical resources, have agreed to provide the Services on the terms
and conditions set forth in this Contract;
2. The mutual rights and obligations of the Client and the Consultant shall be as set
forth in the Contract; in particular:
(a) The Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
(b) Client shall make payments to the Consultant in accordance with the provisions
of the Contract.
IN WITNESS WHEREOF, the Parties here to 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
(President of India)
By
EE(E), CVPED-4, New Delhi
By
Authorized Representative
1. GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract has the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in
the India as they may be issued and in force from time to time;
(b) “Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract reattached, 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 of the India;
(h) “Member”, in case the Service Provider consists of a joint venture or consortium
of more than one entity, means any of these entities, and “Members” means all of
these entities;
(i) “Personnel” means persons hired by the Service Provider or by any Sub Service
Provider 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 India; and “local Personnel” means such persons who at
the time of Being so hired had their domicile inside India;
(j) “Party” means the Client or the Service Provider, as the case may be, and Parties
means both of them;
(k) “Services” means the work to be performed by the Service Provider pursuant to
this Contract for the purposes of the Project;
(l) “SC” means the Special Conditions of Contract by which these General Conditions
of Contract may be amended or supplemented;
(m) “Sub Service Provider” means any entity to which the Service Provider sub
contract any part of the Services in accordance with the provisions of Clause GC
3.7; and
(n) “Third Party” means any person or entity other than the Government, the Client,
the Service Provider or a Sub Service Provider.
Nothing contained herein shall be construed as establishing a relation of master and servant
or of agent and principal as between the Client and the Service Provider. The Service
Provider, subject to this Contract, have complete charge of Personnel performing the
Services and shall be fully responsible for the Services performed by them or on their behalf
here under.
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.
1.6 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, facsimile or e-mail to such Party at the address specified in the
SC.
1.6.2 Notice will be deemed to be effective as specified in the SC.
1.6.3 A party may change its address for notice hereunder by giving the other Party notice
of such change pursuant to the provisions listed in the SC with respect to Clause
GC 1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in Name of work here
to and, where the location of a particular task is not so specified, at such locations, whether
in India or elsewhere, as the Client may approve.
bound by or be liable for, any statement, representation, promise or agreement not set forth
herein.
2.6 Modification
Modification of the terms and conditions of this Contract, including any modification of
the scope of the Services, may only be made by written agreement between the Parties.
Pursuant to Clause GC 7.2 hereof, however, each party shall give due consideration to any
proposals for modification made by the other Party.
2.7.1 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 here under impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood etc., strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial action are
within the power of the Party invoking Force Majeure to prevent), confiscation or any
other action by government agencies.
(b) Force Majeure shall not include(i) Normal expected weather phenomenon, including
heavy rains (ii) any event which is caused by the negligence or intentional action of a
Party or such Party‟s Sub Service Provider or agents or employees, nor (iii) 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 over come in
the carrying out of its obligations here under.
(c) Force Majeure shall not include in sufficiency of funds or failure to make any payment
required hereunder.
(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.
Any period within which a Party shall, pursuant to this Contract, complete any action or
task, shall be extended for a period equal to the time during which such Party was unable
to perform such action as a result of Force Majeure.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Service Provider 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 Service Provider, 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 Service Provider, suspend all
payments to the Service Provider here under if the Service Provider 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 Service Provider to
remedy such failure with in a period not exceeding thirty (30) days after receipt by the
Service Provider 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
Service Provider, such notice to be given after the occurrence of any of the events specified
in paragraphs (a) through (f) of this Clause 2.9.1, terminate this Contract:
(a) If the Service Provider fail to remedy a failure in the performance of their
obligations under the contract, as specified in a notice of suspension pursuant to
Clause 2.8 hereinabove, within fifteen(15) 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 Service Provider becomes insolvent or bankrupt or enter in to any agreements
with their creditors for relief of debt or take advantage of any law for the benefit of
debtors or go into liquidation or receivership whether compulsory or voluntary;
(c) If the Service Provider fails to comply with any final decision reached as a result
of arbitration proceedings pursuant to Clause 8 hereof;
(d) If the Service Provider submit to the Client a statement which has a material effect
on the rights, obligations or interests of the Client and which the Service Provider
know to be false;
(e) If, as the result of Force Majeure, the Service Provider 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.
(a) If the Client fails to pay any money due to the Service Provider 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 Service Provider 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 Service Provider may have subsequently approved in writing) following
the receipt by the Client of the Service Provider‟ notice specifying such breach;
(c) If, as the result of Force Majeure, the Service Provider 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 8 hereof.
Upon termination of this Contract pursuant to Clauses 2.2 or 2.9 hereof, or upon expiration
of this Contract pursuant to Clause 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
3.3 hereof, (iii) the Service Provider’s obligation to permit inspection, copying and
auditing of their accounts and records set forth in Clause 3.6 (ii) hereof, and (iv) any right
which a Party may have under the Applicable Law.
(iii) Except in the case of termination pursuant to paragraphs (a) through (d) of Clause
2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract including the cost of the return travel of the
Service Provider‟ personnel and their eligible dependents.
(b) After the termination of this Contract, such other activities as may be specified in the SC.
3.3 Confidentiality
The Service Provider, their Sub Service Provider and the Personnel of either of them shall
not, either during the term or after the expiration of this Contract, disclose any Proprietary
or confidential information relation to the Project, the Services, this Contract or the Client's
business or operations without the prior written consent of the Government.
the risks, and for the coverage for the manpower deployed 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.
The Service Provider shall obtain the Client's prior approval in writing before taking any
of the following actions:
(a) Entering into a sub-contract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub-Service Provider and the terms and
conditions of the Sub-contract shall have been approved in writing by the Client prior
to the execution of the subcontract, and (ii) that the Service Provider shall remain
fully liable for the performance of the Services by the Sub-Service Provider and its
Personnel pursuant to this Contract;
The Service Provider shall submit to the Client the reports and documents specified hereto, in
the form, in the numbers and within the time periods set forth in the said Appendix.
3.9 Documents prepared by the Service Provider to be the Property of the Client
All reports and other documents (hard and soft) prepared by the Service Provider in performing
the Services shall become and remain the property of the Client, and the Service Provider shall,
not later than upon termination or expiration of this Contract, deliver all such documents to the
Client, together with a detailed inventory thereof. Restrictions about the future use of these
documents, shall be as specified in the SC.
4.1 General
The Service Providers shall employ and provide such qualified and experienced Personnel as
are required to carry out the Services.
(b) Assist for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all supporting papers for necessary entry and exit visas, residence
permits, exchange permits and any other documents required for their stay in India;
(c) Facilitate prompt clearance through customs of any property required for the Services;
(d) Issue to officials, agents and representatives of the Government all such instructions
as may be necessary or appropriate for the prompt and effective implementation of
the Services;
5.4 Payment
In consideration of the Services performed by the Service Provider under this Contract, the
Client shall make to the Service Provider such payments and in such manner as is provided
by Clause 6 of this Contract.
(a) An abstract of the cost of the Services payable in local currency (Indian Rupees) is set
forth in Financial Bid and Payment Schedule.
(b) Except as may be otherwise agreed under Clause 2.6 and subject to Clause 6.1(c), the
payments under this Contract shall not exceed the ceiling specified in the SC. The Service
Provider shall notify the Client as soon as cumulative charges incurred for the Services
have reached 80% of the ceiling.
(c) Notwithstanding Clause 6.1(b) hereof, if pursuant to Clauses 5.4 hereof, the Parties shall
agree that additional payments shall be made to the Service Provider in order to cover any
necessary additional expenditures not envisaged in the cost estimates referred to in Clause
6.1(a) above, the ceiling set forth in Clause 6.1(b) above shall be increased by the amount
or amounts, as the case may be, of any such additional payments.
(b) The final payment under this Clause shall be made only after the final report is approved or
6 months of submission of final report, whichever is earlier, and a final statement, identified
as such, shall have been submitted by the Service Provider 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
one hundred and eighty (180) calendar days after receipt of the final report and final
statement by the Client unless the Client, within ninety (90) day period, gives written notice
to the Service Provider specifying in detailed deficiencies in the Services, the final report or
final statement. The Service Provider shall there upon promptly make any necessary
corrections, and upon completion of such corrections, therefore going 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 Service Provider to the Client within thirty (30)
days after receipt by the Service Provider 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.
(c) All payments under this Contract shall be made to the account of the Service Provider
specified in the SC.
7.1.1 The Service Provider shall be responsible for accuracy of the data collected, by him directly
or procured from other agencies/authorities, and all other details prepared by him as part
of these services. He shall indemnify the Authority against any inaccuracy in the work
which might surface during implementation of the project. The Service Provider will also
be responsible for correcting, at his own cost and risk, if required during the execution of
the Services.
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 9 hereof.
9. SETTLEMENT OF DISPUTES
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 following provisions-
(b) It is a term of this contract that the party invoking arbitration shall give a list of disputes
with amounts claimed, if any, in respect of each such dispute along with the notice for
appointment of arbitrator
The sole arbitrator appointed pursuant to paragraphs (a) through (b) of Clause 9.2.1
hereof shall be a Graduate Engineer with experience in handling Consultancy
contracts at a level not lower than Chief Engineer (Joint Secretary level of
Government of India). This shall be treated as a mandatory qualification to be
appointed as arbitrator.
9.2.5 Miscellaneous
(b) The English language shall be the official language for all purposes; and
[Note: English language may be changed to any other Language, with the
agreement of both the Parties.]
(c) The decision of the sole arbitrator 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) Parties, before or at the time of appointment or Arbitral Tribunal may agree in
writing for fast track arbitration as per the Arbitration and Conciliation Act, 1996
(26 of 1996) as amended in 2015.
(e) Subject to provision in the Arbitration and Conciliation Act, 1996 (26 of 1996)
as amended in 2015 whereby the counter claims if any can be directly filed
before the arbitrator without any requirement of reference by the appointing
authority, the arbitrator shall adjudicate on only such disputes as are referred to
him by the appointing authority and give separate award against each dispute
and claim referred to him and in all cases where the total amount of the claims
by any party exceeds Rs. 1,00,000/-, the arbitrator shall give reasons for the
award.
(f) It is also a term of the contract that if any fees are payable to the arbitrator, these
shall be paid as per the Act.
(g) The place of arbitration shall be such place as may be fixed by the Arbitral
Tribunal in consultation with both the parties. Failing any such agreement, the
Arbitral Tribunal shall decide the venue.
The change of Scope on account of variation in Letter of Invitation of the RFP shall be
dealt as follows:
Designation
Address
Tel:
E-mail address
1.6 Notice will be deemed to be effective as follows:
(a) In the case of personal delivery or registered mail, on delivery;
1.9 The Consultant and the personnel shall pay the taxes, duties, fees; levies and other
impositions levied under the existing, amended or enacted laws (prevailing on
before the last date of submission of bids) during life of this contract and the Client
shall perform such duties in regard to the deduction of such tax as may be lawfully
imposed.
2.1 The conditions of the contract shall be effective from date of award.
2.4 The time period for providing services is 4 months or such other time period as the
parties may agree in writing.
(B) the proceeds the Consultant may be entitled to receive from any insurance
maintained by the Consultant to cover such a liability, whichever of (A) or (B)
is higher.
(b) This limitation of liability shall not affect the Consultant’s liability, if any, for
damage to Third Parties caused by the Consultant or any person or firm acting on
behalf of the Consultant in carrying out the Services.
IV: APPENDIX A
payment there under and the Contractor shall have no claim against us for making such
payment.
5. We, ………………( Indicate the name of the Bank) ......................................... , further
agree that the Government shall have the fullest liberty without our consent and without
affecting in any manner our obligation here under to vary any of the terms and conditions
of the said agreement or to extend time of performance by the said Contractor from time
to time or to postpone for any time or from time to time any of the powers exercisable by
the Government against the said contractor and to forbear or enforce any of the terms and
conditions relating to the said agreement and we shall not be relieved from our liability
by reason of any such variation or extension being granted to the said Contractor or for
any forbearance, act of omission on the part of the Government or any indulgence by the
Government to the said Contractor or by any such matter or thing whatsoever which under
the law relating to sureties would, but for this provision, have effect of so relieving us.
6. We, ……………… (indicate the name of the Bank) ......................................... , further
agree that the Government at its option shall be entitled to enforce this Guarantee against
the Bank as a principal debtor at the first instance without proceeding against the
Contractor and notwithstanding any security or other guarantee the Government may
have in relation to the Contractor’s liabilities.
7. This guarantee will not be discharged due to the change in the constitution of the Bank
or the Contractor.
8. We, ……………… (indicate the name of the Bank), undertake not to revoke this
guarantee except with the consent of the Government in writing
9. This Bank Guarantee shall be valid up to……………… unless extended on demand by
the Government. Notwithstanding anything mentioned above, our liability against this
guarantee is restricted to Rs. ……………… (Rupees ……………… only) and unless a
claim in writing is lodged with us within the date of expiry or extended date of expiry of
this guarantee, all our liabilities under this guarantee shall stand discharged.
Date………………
Witnesses:
1. Signature Authorized signatory
Name and Name
address Designation
Staff code no.
Bank Seal
1. The Column No. 4 is mandatory to be filled by the bidders / tenderer. If this column is left blank, the
tender become invalid.
2. Rates shall be inclusive of GST and other applicable taxes.