RFP Mahagama
RFP Mahagama
RFP Mahagama
Request for Proposal (RFP) for selection of Consultant for providing Consultancy
services for Preparation of DPR of Solid Waste Management (SWM) Project and Project
Management Consultancy(PMC)at Mahagama
`
Dec‘21
Jharkhand Urban Infrastructure Development Company
Ltd, 3rd.Floor, Pragati Sadan, near Kutchery Road
Ranchi, Jharkhand- 834001
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DISCLAIMER
1. Though adequate care has been taken while issuing this Offer Document, the
Consultants should satisfy himself that the document is complete in all respects.
Intimation of any discrepancy shall be given to this office (as mentioned below)
immediately. If no intimation is received by this office within 3 days from the date of
issue of the Offer Document, then this office shall consider that the document received
by the Consultants is complete in all respects and that the Consultants is satisfied that
the Offer Document is complete in all respect.
2. JUIDCO reserves the right to change any or all of the provisions of this Offer
Document before date of submission. Such changes would be intimated to all parties
procuring this Offer Document before date of submission.
3. JUDICO reserves the right to reject any or the entire offer without assigning any
reasons whatsoever. No correspondence will be entertained on this account.
Sd/-
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JHARKHAND URBAN INFRASTRUCTURE DEVELOPMENT COMPANY LIMITED
(Govt. of Jharkhand Undertaking)
3RD FLOOR, PRAGATI SADAN, KUTCHERY ROAD,
RANCHI-834001, JHARKHAND.
Ph No.: +91-651-2225878, e-mail [email protected]
CIN: U45200JH2013SGC001752
Request for Proposal (RFP) for selection of Consultant for providing Consultancy services for
Preparation of DPR of Solid Waste Management (SWM) Project and Project Management
Consultancy (PMC) at Mahagama
1. JUIDCO ltd. under the administrative control of Urban Development and Housing
Department, Govt. of Jharkhand invites proposal for Request for Proposal (RFP) for selection
of Consultant for providing Consultancy services for Preparation of DPR of Solid Waste
Management (SWM) Project and Project Management Consultancy(PMC)at Mahagama
5. The technical part of this offer shall be opened on17.01.2022at 17:30 Hrs.
in the office of JUIDCO Ltd. The Applicant Firm or his duly authorized representative
may be present during opening of the technical bid.
6. JUIDCO Ltd reserves the right to accept or reject in part or as a whole any of the
Proposal received without assigning any reason thereof.
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Tender Fee, Earnest Money Deposit (EMD) of Work is defined inTable1.1.
Table
1.1
Sr. Name of the Work Earnest Money Cost of Tender Period of
No. Deposit (EMD) Document Services
8. Tender fee and EMD in original shall be submitted in the Office of JUIDCO
Ltd. office on all working days between 23.12.2022at 17.00 Hrs. to 17.01.2022,
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17.00 Hrs. either by registered post/Speed post or by hand. Only
those bids will be entertained whose Tender fee and EMD is received before
17.01.2022, at 17.00 Hrs. JUIDCO will not be held responsible for the postal delay, if
any, in the delivery of the document or non-receipt of the same.
9. Pre-bid Conference will be held on 30.12.2021at16.00 Hrs. JUIDCO Ltd, 3rd
Floor, Pragati Sadan, Ranchi.834001, Jharkhand to clarify the pre-bid queries. All
the consultants who are interested are requested to attend the pre-bid meeting.
10. The Bidder shall furnish Earnest Money Deposit (EMD) for the amount as
mentioned in column 3 (as shown in table – 1.1). EMD shall be in form of Bank
Guarantee/FDR drawn on a Nationalized/Scheduled Bank in favor of “Managing
Director, JUIDCO ltd. Ranchi, Jharkhand” payable at Ranchi.
11. Tender Fee and Earnest Money Deposit (EMD) envelop should contain the
NIT No. and offer notice no. and be addressed to the JUIDCO Ltd, 3rd Floor, Pragati
Sadan, near Kutchery Road Ranchi, Jharkhand- 834001, with detail of bidder’s
addresses as well.
12. The undersigned reserves the right to accept or reject all proposals without
assigning any reason. It also reserves the right to postpone or to cancel the invitation and
pre-bid meeting.
Sd/-
Project Director (Tech.)
JUIDCO Ltd.
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Section-1 Instruction to Consultants
1. INTRODUCTION
1.1 Jharkhand Urban Infrastructure Development Company Limited (JUIDCO) and undertaking of
Government of Jharkhand intends to appoint a consultant to provide its services for “Request for
Proposal (RFP) for selection of Consultant for providing Consultancy services for
Preparation of DPR of Solid Waste Management (SWM) Project and Project Management
Consultancy (PMC) at Mahagama"
1.2 The State of Jharkhand has 51 Urban Local Bodies at present. There is a need for planned and
systematic development of such urban areas to provide basic civic amenities to the local populace
with a provision for tackling such issues for next 30 years. Such urban areas require efficient
transport management system, 24 x 7 water supply system, effective solid waste management
technology, fault free drainage and sewerage system, better civic amenities for urban poor, pro-
active slum control and development strategy, GIS based Master Plan, that leads to the Area Based
Development of the Urban area with a focus on pollution abatement, better environment
management and providing the citizens of the state a better place to live-in.
1.3 JUIDCO issues these documents to select the consultant in accordance with the method of
selection specified in the Clause 12 of Section-1 for services required for Preparation of DPR of
Solid Waste Management (SWM) Project and Project Management Consultancy (PMC) at
Mahagama. The proposal will be the basis for contract negotiations and ultimately for a signed
contract with the selected Bidder
1.4 The successful Bidder shall be expected to render the services for the period specified in clause 5
ofsection2.
Request for Proposal (RFP) for selection of Consultant for providing Consultancy services for
Preparation of DPR of Solid Waste Management (SWM) Project and Project Management Consultancy
(PMC) at Mahagama.
2. MINIMUMELIGIBILITYCRITERIA
Technical capabilities:
2.1 The Consultant on its own or consortium consultant shall have successfully completed at least
one DPR of Solid Waste Management of town with minimum population of 40,000 and one
Project Management Consultant/Independent Engineer/Authority’s Engineer/Construction
Supervision or at least one year supervision for an ongoing project of SWM in last 10 (Ten) years
from the date of publication of the RFP. The proof of such engagement shall be provided in the
form of client Work Order and Completion Certificate (or Client Certificate of satisfactory services
for ongoing project) with details of Scope of Work, date of start and completion of assignment
and Consultancy fee value.
3. ELIGIBLE BIDDERS
3.1 In order to qualify for the bid, the consultant may be:
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T6,T7,T9,T12,T13,T14.
3.2.5 The Lead partner should individually satisfy the financial capabilities as
mentioned in clause 2.2 of RFP (Financial Capabilities).
3.2.6 Subsequently, at the time of bidding for a project the financial proposal must
be submitted by the lead partner of the consortium.
4. LANGUAGE OFTHEOFFER
4.1 Applicant Firms are required to furnish all information and documents, as called for in
this Document, in English Language. Any printed literature furnished by the Applicant
Firm may be in another language, provided that this literature is accompanied by an
English translation, in which case, for the purpose of interpretation of the document, the
English version duly authenticated will prevail.
5. SIGNING OFTHEOFFER
5.1 Consultant shall ensure that the online submitted RFP Document and the
Technical Proposal/Financial Proposal must be page numbered and signed by the
duly authorized person holding power of attorney for signing the offer document. A
copy of registered power of attorney shall accompany the offer.
6. COST OFOFFER
6.1 The Applicant Firm shall bear all costs associated with the preparation and online
submission, including cost of presentation for the purposes of clarification of the
Offer, if any.
6.2 Any Applicant Firm wishing to undertake site visits for familiarization with site
conditions may do so. All costs towards site visits, conference and submission of
documents shall be borne by the Applicant Firm themselves.
6.3 All payments to the Consultant shall be made in INR in accordance with the provisions.
7.1 The decision of the JUIDCO Ltd. regarding the opening of offers, evaluation and
acceptance of the offer shall be final and binding on all the Applicant Firms.
7.2 JUIDCO reserves the right to accept or reject any offer, and to annul the offer process
and reject all offers at any time prior to award of Offer, without thereby incurring any
liability to the affected Applicant Firm or Applicant Firms or any obligation to inform
the affected Applicant Firm or Applicant Firms of the grounds for the JUIDCO’s
decision.
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8 PERFORMANCE GUARATEE
8.1 The selected applicant shall submit irrevocable performance bank guarantee, in
prescribed format- Form No. F-8 from a scheduled commercial bank, at the time of
signing the agreement.
8.2 The successful applicant shall provide a Bank Guarantee amounting to 10% of
the total Consultancy fee towards Performance Guarantee in favor of “Managing
Director, JUIDCO Ltd.”, Payable at “Ranchi” for the agreement period.
9. SIGNINGOF AGREEMENT
9.1 On receipt of the letter of intent (LOI), the successful Applicant Firm will report
in the office of the JUIDCO Ltd. with required non-judicial paper of appropriate
amount, Performance Guarantee within 15 (fifteen) days, for signing the formal
agreement between the parties.
9.2 The signing of the agreement shall take place only after furnishing of
performance guarantee as per clause 8.2. The agreement will be signed by the
legally authorized person of the Applicant Firm. If the applicant fails to sign the
agreement as per clause 9.1 in the specified period, the Ernest Money Deposit
(EMD), shall be forfeited.
11.1.1 Each submitted online offer should be complete in all the respects, including attachment
of copy of the Tender fee and EMD, which must accompany each submitted Offers. The Offers
should enclose duly filled forms as annexed along with Work experience in the field of
assignment, the qualification and competency of the personnel proposed for the assignment
and the proposed work plan methodology and approach in response to suggested terms of
reference. Necessary document in support of technical capabilities in annexed format must be
submitted online.
11.1.2 An affidavit swearing the correctness of technical data furnished also must be
submitted as per the annexed format (T-7).
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11.1.3 Financial proposal as per formT-6 should be submitted in separate financial proposal
in online folder.
11.1.4 The Tender fee along with the EMD as described in Procurement notice
should be in a sealed cover which will be received in the office of:
Jharkhand Urban Infrastructure Development Company Ltd,
3rd Floor, Pragati Sadan, near
Kutchery Road Ranchi,
Jharkhand-834001
up to 17.01.2022, 17.00hrs.
While submitting the online Technical Proposal, the Applicant firm shall ensure
the submission of following documents:
11.2.2 The required similar work experience completion certificate and all
requisite details.
11.2.3 All forms are submitted in the prescribed formats and signed by duly
authorized signatories along with all relevant supporting documents;
11.2.4 Power of Attorney, if applicable, is executed as per Applicable Laws;
11.2.5 CV for all Personnel have been included along with all relevant
supporting documents like pay slip and appointment letter;
11.2.6 Key Personnel have been proposed only if they meet the Conditions of Eligibility
laid down in the RFP.
11.2.7 The CVs shall contain an undertaking from the respective Key Personnel about
his/her availability for the duration specified in the RFP.
11.2.8 Key Personnel proposed have good working knowledge of the respective fields.
11.2.9 No Key Personnel should have attained the age of 65(sixty-five) years at
the time of submitting the proposal.
11.2.10 If an individual Key Personnel makes a false statement regarding his
qualification, experience or other particulars, or his commitment regarding
availability for The Project is not fulfilled at any stage after signing of the Agreement,
he shall be liable to be debarred for any future assignment of JUIDCO for a period of 5
(five) years. The award of this Consultancy to the Applicant Firm may also be liable to
cancellation in such an event.
11.2.11 The Technical Proposal shall not include any financial information
relating to the Financial Proposal except turnover details as per clause 2.2
ofsection1.
11.2.12 The proposed team shall comprise of experts and specialists in their
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respective areas of expertise and managerial/support staff such that the
Consultant should be able to provide all the required Consultancy services within
the specified time schedule.
11.2.13 JUIDCO reserves the right to verify all statements, information and
documents, submitted by the Applicant in response to the RFP. Any such
verification or the lack of such verification by JUIDCO to undertake such
verification shall not relieve the Applicant Firm of its obligations or liabilities
hereunder nor will it affect any rights of JUIDCO there under.
11.3 Financial Proposal
11.3.2 Tenders are required to submit their financial Bid quoting consultancy
fees as per Form T-6 of this document.
11.3.3 The total amount indicated in the financial Bid shall be without any
condition attached or subject to any assumption.
11.3.4 The Financial bid should be submitted online in a format as per Form T-6.
Financial proposal in any other format shall be rejected for further Evaluation.
11.3.5 The financial Bid shall include all the expenses required for the assignment
and all the tax liabilities except the GST (as applicable). The applicable Goods
Service Tax (GST) alone is reimbursable by the client. Kindly contact the
concerned tax authorities for further information in this regard if required.
11.3.6 The financial bid shall be submitted by the lead member in case of Joint venture /
consortium.
11.3.7 The ULB wise status of the Solid waste management project are as follows:
Sr. Name of ULB No. of Wards Area of the ULB Population (as per
No. (Sq. Km) 2011 census)
1. Mahagama NA 14.34 30701
12 EVALUATION OF THEOFFER
12.1 The offers submitted will be evaluated using the following criteria:
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b.) Past Experience in the last 10 years, 30
The Consultant on its own or consortium
consultant shall have successfully
completed one Project Management
Consultant/Independent
Engineer/Authority’s
Engineer/Construction Supervision or at
least one year supervision for an ongoing
project of SWM in last 10 (Ten) years from
the date of publication of the RFP.
(Foreachproject10marks, Maximum30
marks).
12.2 The number of points to be given under each evaluation sub-criteria for firm’s
year of similar work experience in the field of assignment and firm technical staff,
management skill, proposed work plan and methodology are:
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2 Team 1 Qualification: Minimum Total Marks –4
Member- Graduate in Civil 5years’ marks for each
Project Engineering experience in Project Managers)
Manager Total Experience: SWMprojects. Qualification – 1
(Full Time) Minimum 7 years mark
TotalExperience – 1
Marks
Relevant Experience –
Experience as Project
Manager– 2 Marks · 1 mark -
for each similar project
experience as Project
Manager, up to maximum of
2 marks.
3 Team 1 Qualification: Post Minimum Total Marks –4
Member 5years’
Graduate in Qualification – 1 marks
–SWM Civil/Environmental experience in Total Experience – 1
Expert Engineering SWM Marks
(Full Time) Total Experience: Relevant Work
projects
Minimum 7years Experience– 2
Marks,
1 mark - for each
similar project
experience as
SWM Expert
maximum upto 2
marks
4 Team 4 Qualification: Minimum Total Marks – 8
Member 3years’
Graduate Civil (2 marks for each Site
– Site Engineering experience in Engineer)
Engineer TotalExperience: SWM Qualification – 1 marks
(Full Time) Minimum4years projects Relevant Experience –
1 Marks
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Structural Civil/Structural experience in Total Experience – 1
Engineer (Part Engineering SWM Marks
time the must Projects Relevant Experience -2
be available at Total Experience: Marks, 1 mark - for
site as per the Minimum 7 years each similar project
requirement experience as
of the client Structural Engineer
maximum upto 2 marks
12.5 The consultant may in addition, procure the services of additional experts
related to Environmental, Sewerage Drainage, experts, Site Supervisor, staffs etc.
resources as per the requirement of the client to complete the project within the defined
timeline.
12.6 Description of Approach, Methodology and Work Plan on
the basis of Site Appreciation.
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13 DECIDING AWARD OFOFFER
13.2.1 The financial Bid of only those consultants will be opened, who qualified in
the Technical Bid.
13.2.2 Consultant quoted the lowest percentage (%) (After combining the
consultancy fee quoted in (%)of the project cost for (Preparation of DPR and
providing PMC services) for the Mahagama Nagar Panchayat ULB the assignment will
be selected as successful bidder.
14. PRE-BIDMEETING
15.1 The Consultant shall abide by the instructions issued by the JUIDCO to him
from time to time for the timely completion of the assigned services.
15.2 Any entity which has been barred or blacklisted by the Central Government,
any State Government, a statutory authority or a public sector undertaking, as the case
may be, from participating in any project, and the bar or blacklisting subsists as on the date
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of Proposal, would not be eligible to submit a Proposal either by itself or through its
consortium member.
15.3 An Applicant Firm or its Consortium consultant should have, during the last
five years, neither failed to perform on any agreement, as evidenced by imposition of a
penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration
award against the Applicant Firm or its Associate, nor been expelled from any project or
agreement nor have had any agreement terminated for breach by such Applicant Firm or
its consortium member.
15.4 While submitting a Proposal, the Applicant Firm should attach clearly marked
and referenced continuation sheets in the event that the space provided in the specified
forms in the Appendices is insufficient. Alternatively, Applicant Firms may format the
specified forms making due provision for incorporation of the requested information.
15.5 No Applicant Firm or consortium member shall submit more than one
Application for the Consultancy. An Applicant Firm applying individually or as JV shall not
be entitled to submit another application.
16. Clarifications:
16.1.1 Applicants requiring any clarification on the RFP may send their
queries to the JUIDCO in writing before the pre-bid meeting. The queries
should be sent [email protected] and [email protected]
JUIDCO shall endeavor to respond to the queries within the period specified
therein.
16.1.2 JUIDCO will post the reply to all such queries on the e-portal
Website of Jharkhand Government. JUIDCO reserves the right not to
respond to any questions or provide any clarifications, in its sole
discretion, and nothing in this Clause, shall be construed as obliging
JUIDCO to respond to any question or to provide any clarification.
16.2 Amendment of RFP:
16.2.1 At any time prior to the deadline for submission of offer, JUIDCO,
for any reason, whether at its own initiative or in response to clarifications
requested by an Applicant Firm, modify the RFP document by the issuance
of Addendum/ Amendment and posting it on the e-portal Website.
16.2.2 In order to afford the Applicant firms a reasonable time for taking
an amendment into account, or for any other reason, JUIDCO may, in its
sole discretion, extend the Offer Submission/Opening Date.
16.2.3 The Applicant Firms shall submit the offer online in PDF format
with all pages numbered serially and by giving an index of submissions.
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Each page of the submission shall be initialed by the Authorized
Representative of the Applicant Firm as per the terms of the RFP.
16.2.4 The Consultant may familiarize itself with local conditions and
take them in to account in preparing the Proposal. Consultant may visit the
Client and Site before submitting a proposal and obtain for itself on its own
responsibility all information that may be necessary for preparing the
proposal and entering into a contract. The costs of visiting the Client shall
be at the Consultant own expense.
17.1 JUIDCO shall not consider any request of the Selected Applicant Firm for
substitution of Key Personnel as the qualification of the Applicant Firm is
based on the evaluation of Key Personnel and any change therein may upset
the ranking. Substitution will, however, be permitted if the Key Personnel is
not available for reasons of any in capacity or due to health, subject to equally
or better qualified and Experience Personnel being provided to the
satisfaction of JUIDCO.
17.2 Substitution of the Team Leader will not normally be considered and may lead
to disqualification of the Applicant Firm or termination of the Agreement.
17.3 The Consultancy Firm shall have to open an office at the respective ULBs with
all the required Key Personnel residing for the work at Jharkhand.
17.4 In the event that any of the personnel is found by the JUIDCO to be
incompetent, or guilty of misbehavior or incapable in discharging the assigned
responsibilities satisfactorily, the JUIDCO may instruct by giving a notice of 15
(Fifteen) days to the consultant, at the expense of the consultant, to forthwith
provide a replacement with suitable qualifications and experience acceptable
to the JUIDCO.
17.5 The decision of JUIDCO in such as event shall be final and binding on the consultant.
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Section -2
Term of Reference & Scope of Services
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1. Objective of the Assignment
Solid waste management includes all activities that strive to minimize health,
environmental and aesthetic impacts of solid waste. Negative impacts of
unmanaged solid wastes on society are huge, ranging from air pollution to
water poisoning and disease. It is envisaged that the proposed SWM project
will address the above issues being faced or likely to be faced by various ULBs
in Jharkhand and comprise the following salient features:
• An efficient system having the ability to collect, manage and dispose
solid waste properly.
• A system that is customized to the areas requirements and
shortcomings.
• An affordable system
• Technology that is easy to maintain and in line with the global standards,
as far as feasible.
• Preferably a system that offers by-products/end-products of collected
waste in shape of energy, fertilizer/compact etc. As feasible and suitable.
The focus of this proposed SWM project will be the PMC Services for
Management the collection, transportation recycling, resource recovery,
processing and disposal of urban waste generated from houses, streets, shops
and offices thus excluding wastes pertaining to industry, hospital and
agriculture. Measures for planned, comprehensive urban development of
various ULBs in Jharkhand.
Basic Details ULBs are as follows:
Sr. Name of ULB No. of Wards Area of the ULB Population (as per
No. (Sq. Km) 2011 census)
1. Mahagama NA 14.34 30701
2. Scope of work:
2.1.1 Following are various data that shall be collected from various secondary sources
Population data, maps, development plans and provisions, growth indices
City topography, Ground water level, cultural and commercial activities
Level of Health and Medical facilities in city
Different waste generating sources/ places in city
Regular street sweeping of all city roads
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Segregation of waste and storage at household level
Different community waste storage systems
Waste collection systems from various sources of waste generation
Transportation of waste to final processing/ disposal sites
Different waste processing and disposal options
2.1.2 Methodology for HH Survey, Soil etc.
All wards of towns would be covered under the survey. Since all sections of the society
are to be covered, the stratified random sampling would be used. 5% of the
households from defined strata in a locality/ward would be surveyed.
The analysis of all information/data from survey, field visits and discussions
with various stakeholders would be analyzed.
Detailed design and preliminary work drawing,
Suggestion on right type of equipment/machinery/method for purpose of
better solid waste management.
Detailed and Abstract estimates with cost analysis as per the SoR which is
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in force to arrive Project cost.
vii.) All other works as mentioned in clause 3.3 and 3.4 of the RFQ
document under Terms of Reference (Project Management Consultancy)
The department may add further works in the scope of work if required.
a. The project management consultants shall also carry out technical audit of the
report, drawing , designs, estimates , submitted by Concessionaire of SWM
project such as waste collection and transportation plan, site surveys and
feasibility studies, Compost plant/RDF Plant landfill and all associated civil
works etc. , detailed engineering designed & drawing , detailed cost estimates
based on detailed available in DPRs and as per site condition , Bill of
Quantities (BOQ) and working drawing , good for construction drawings.
iii. The project management consultant shall ensure that the waste is
collected daily from door to door, adequately stored in secondary
storage bins/community bins upon collection and that no littering is
carried out by the collection workers.
iv. The project Management Consultant shall ensure that the collection
procedure complies with the requirements in SWM Rule2016 and SBM
2.0, CPHEEO Manual, Jal Jeevan Mission SBM 2.0 and as per direction of
JUIDCO.
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i. The project management consultant shall exercise perform all the duties,
liabilities, functions and obligations as laid down with reasonable skill,
care and diligence and also ensure that the works are executed at site
strictly as per the approval granted by Jharkhand Govt/Concerned local
authorities, the terms and condition of the contract agreement entered
between ULB and the respective Contractors, within the given time frame
& budget provisions.
ii. The project Management Consultant shall ensure that the contractor/s
have adequate drivers, labors and other requisite resources to efficiently
carry out transportation of waste in areas assigned to them.
iii. The project management consultant shall ensure that the contractor
complies with the requirements of SWM Rule2016 and SBM 2.0, CPHEEO
Manual, Jal Jeevan Mission SBM 2.0, during transportation of waste.
ii. The project management consultant shall ensure that the contractor/s
adheres/s to the construction requirements and delivers on or before the
scheduled project completion date.
iii. The project Management Consultant will be required, during the
construction phase to provide the field supervision and sufficient technical
assistance (staff) to check on quality control of the work at site. For this
purpose, the Project Management Consultant shall have to post their
Engineer-in-Charge at the site of work and provide the agreed necessary
technical staff, for supervision and exercising adequate and constant day to
day technical supervision over the construction including giving layout, its
checking requirement of materials and equipment’s and their procurement in
time, conforming to approved specifications and accepted standards.
iv. Submission of weekly or fortnightly progress report as per the directions of
ULB, including maintain necessary site records, contain data in support of the
same, carrying out field tests on material, structures etc. (at the cost of
implementing agency) and obtain necessary approvals thereon and
maintaining adequate records thereof and certifying the bills for payment to
the contractors including
recommendation of extension applications, extra times, verification
statements, quality control check for final bills etc. on the forms
prescribed by the ULB.
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v. The Scope under this phase of the assignment shall include, inter-alia, the
following:
vi. Complete day-to-day supervision of contracted development work ensuring
quality control in accordance with tender stipulations, specifications,
drawings and site conditions. The quality control will be exercised all stage of
construction, VIZ approval of materials, inspection of equipment, usages
thereof in proper proportions and workmanship at all stages of execution of
individual item of work.
vii. Ensure proper establishment of field laboratories/quality control
equipment’s on site by contractors/implementing agency to conduct test on
material/mixes being used for construction such as cement, steel, bricks
mortars, concrete etc. The project Management Consultant shall maintain
necessary site records and obtain data in support of the same. They shall
carry out field and laboratory tests on materials of construction as well as
partially or completely erected structures etc. and maintain adequate records
thereof.
viii. Suggesting modifications, if any, due to site conditions and submit the
recommendations along with cost variation on account of same to ULB for
approval.
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xiv. The Project Management Consultant shall keep ULB appraised of any
delays, keep a hindrance register indicating all details of all such delays
which will also be furnished with recommendations for approval of ULB for
grant of extension of time by ULB to contractors.
f. COMPLETION STAGE AND HANDING OVER STAGE PROJECT FACILTY FOR O&M
ii. Obtain from the implementing agency two soft copies of the entire drawings/
documents & two sets of drawings on reproducible paper for the works
executed to the Project Coordinator of concerned ULB.
iv. Review the O&M Plans submitted by the Concessionaire from time to time
and assist the Concessionaire in finalizing the same. The Project Management
Consultant shall also consult ULB prior to finalization of the O&M Plans.
v. Periodically review the O&M Manual for adequacy;
xi. The PMC shall prepare and submit to ULB, daily, weekly, Monthly Project
Reports including the following:
Report on Tests
1 Door to As per requirement The PMC shall check the MSW collection work
Door in entire concession area on daily basis with
Collection utmost attention in at least one ward of the
MSW concession area [daily] and be covering each &
every ward of entire concession area with
utmost attention, in a fortnight [on rotation
basis] and shall submit report to ULB and
JUIDCO
j. Maintenance of Records
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O&M of project components. PMC shall establish a centralized data receiving
and Management center.
The Project Management Consultant shall maintain record of the activities undertaken
by it in discharge of its functions and responsibilities. This would include records in respect of
the following:
The Project Management Consultant shall carry out such other functions as may be
specifically assigned to it under the agreement including certification of adequacy of
insurance and verification of termination payments etc.
Note: If required, The Department/JUIDCO may add further works in the scope of
work of PMC services, during its finalization, based upon inputs/ feedbacks from
Government/ Stakeholders.
Payment Breakup of
S. No. Services/ Stage the total consultancy
fee
At the time of issue of work order to the
1 executing agency/Developer after completion of 10%
all tender formalities for the said project
Against PMC, to be paid on monthly basis in
proportion to the monthly physical and financial
progress of the said project against the total
2 duration of execution. And submission of reports, 70%
planning Management of IEC /Capacity building
programme during Construction, Installation, and
Commissioning stage.
Upon Completion of the works after submission
3 10%
of completion and quality certificate.
After the completion of the Defect Liability
4 10%
Period of the said project.
ii. For PMC stage (During Operation and Maintenance (O&M) Stage) (per year basis)
Payment Breakup
S. Services/ Stage of the total
No. consultancy
Fee
34
Against PMC, to be paid on monthly basis in proportion
to the monthly O&M progress of the said project against
1 the per year O&M. And submission of 90%
reports, planning Management of IEC /Capacity building
programme during O&M Stage
Upon Completion of the per year O&M after
2 10%
submission of completion and quality certificate.
5.1 In the event of failure of the implementation of the project/adherence with the time line
as mentioned in clause 6 of section-2, by the Consultant as per the provision mentioned in
the agreement, the JUIDCO reserves the option to recover liquidated damages, and not by
way of penalty, for late implementation from the Consultant in the following manner:-
35
(ii). For delay of more than 25 % and upto 50 % of 5%
the implementation period of 12 weeks
5.2 During the project execution period, the JUIDCO reserves to recover liquidated damages
from the PMC consultant, for late approval of drawings not deputing adequate
manpower, or any type of delay in providing services as per the TOR, etc. subjected to
maximum 10% of the consultancy fee for providing PMC services.
5.3 The aforesaid chargeable liquidated damages, if not paid by the consultant, would be
recoverable under the relevant provisions of Public Damage Recovery’ Act1914 by the
JUIDCO.
5.4 Penalty for deficiency in services:
5.4.1 In addition to the liquidated damages not amounting to penalty, warning may be
issued to the consultant for minor deficiencies on its part. In case of the
significant deficiencies in services causing adverse effect on the project or on the
reputation of JUIDCO, other penal action may be taken by JUIDCO, including
debarring for a specified period of withholding.
5.4.2 In the event of total default/failure by the Consultant in providing the services,
JUIDCO reserves the right to get the services executed by any other consultant at
the cost and risk of the consultant.
6. NO CLAIM ARRANGEMENTS
6.1 The Consultant shall not be entitled to make any claim, whatsoever, against the
JUIDCO, under by virtue of or arising out of, this contract, nor shall the JUIDCO
entertain or consider any such claim, if made by the Consultant and Consultant shall
have to sign a "no claim" certificate in favor of the JUIDCO in such forms as shall be
required by the JUIDCO after the expiry of the agreement.
7.1 JUIDCO is a public service agency and requires to serve honestly, diligently and
timely. The Consultant would be the assisting agency of the JUIDCO, therefore,
36
he is also required to maintain highest standards of honesty and ethics. The
Consultant is advised to refrain from the corrupt and fraudulent practices
during the execution of the contract. Corrupt and fraudulent practices are
defined as follows:-
7.2 “Corrupt Practice” means behavior of Consultant including his personnel by
which they improperly and unlawfully enrich themselves and/or those close to
them, or induce others to do so, by misusing the position in which they are
placed, and it includes the offering, giving, receiving, or soliciting of anything of
value.
7.3 “Fraudulent Practice” means a misrepresentation of facts in order to influence,
and collusive practices of the Consultant.
9. TRANSFER OF RIGHTS
9.1 The Consultant shall not transfer the agreement or part of the agreement to anybody.
10. 1 Except where otherwise specifically stated, the office designated by JUIDCO will decide the
agreed matter between the JUIDCO and the Consultant and the matter shall be referred to the
Principal Secretary/Secretary, Urban Development & Housing Department, whose decision
would be final and binding on both the parties.
10.2 In case of dispute over the interpretation of any clause of agreement, decision of Principal
Secretary/Secretary, Urban Development & Housing Department shall be final and
binding.
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11. SUSPENSION
11.1 The JUIDCO may, by a written notice to the Consultant, suspend the agreement if the
Consultant fails to perform any of its obligations under this agreement, including the carrying out of
the services. Provided that such notice of suspension:
(i) Shall specify the nature of the failure, and
(ii) Shall direct the Consultant to rectify such failure within a specified
period from the date of receipt of such notice of suspension.
11.2 No payment shall be made to the Consultant for such suspended period and no
damage shall be claimed on account of this suspension.
12. DISQUALIFICATION
12.1 JUIDCO, in its sole discretion and at any time during the processing of Offers, may
disqualify any Applicant Firm from the offer process, if:
12.1.2 Firms not meeting eligibility criteria.
12.1.3 Firms made misleading or false representations in the forms, statements and attachments
submitted in proof of the eligibility requirements.
12.1.4 An Offer not valid for at least 180 days shall be considered as non- responsive and would be
disqualified.
12.1.5 If found to have record of poor performance such as abandoning works, not properly
completing the agreement, inordinately delaying completion, being involved in litigation or
financial failures, etc.
12.1.6 Submitted Offer which is not accompanied by required documents is non- responsive.
12.1.7 Failed to provide clarifications related thereto, when sought.
12.1.8 Submitted more than one Bid. This will cause disqualification of all Bids submitted by such
applicants.
12.1.9 Bidders, who are found to canvass, influence or attempt to influence in any manner the
qualification of selection process, including without limitation, by offering bribes or other
illegal gratification shall be disqualified from the process at any stage.
39
13.1.5 In case the Consultant fails to carry out the instructions/orders issued by the JUIDCO from time to
time during the currency of the agreement and fails to comply with the laws applicable in the State.
13.1.6 The Consultant fails to deliver any or all of the obligations within the time period(s) specified in the
agreement, or any extension thereof granted by JUIDCO.
13.1.7 The Consultant fails to perform any other obligation(s) under the agreement.
13.1.8 Because of breach of agreement by the Consultant for any of the above reasons, JUIDCO shall have the
right to terminate the agreement and invoke the performance bank guarantee.
14.1.1 Upon termination of the agreement, or upon expiry of this agreement, all rights and obligations of
such parties hereunder shall cease, except:
14.1.2 Such rights and obligations as may have accrued on the date of termination or expiry.
14.1.3 The obligation of confidentiality set forth.
14.1.4 Any right which a party may have under the applicable law.
15.1.1 Upon termination of the agreement, the Consultant shall, immediately upon dispatch or receipt
of such notice, take all necessary steps to bring the services to a close in a prompt and orderly
manner.
16. DISPUTERESOLUTION
16.1.1 JUIDCO and the Consultant shall make every effort to resolve amicably by direct negotiations,
any disagreement or dispute, arising between them under agreement.
16.1.2 If after 30 days from the commencement of such direct negotiations, the dispute is not
resolved it shall be referred to Principal Secretary/Secretary, Urban Development & Housing
Department, Govt. of Jharkhand, where decision shall be final and binding upon both parties.
Pending the submission of and/or decision on a dispute, difference or claim or until the matter
is decided by Principal Secretary/Secretary, Urban Development & Housing Department, Govt.
of Jharkhand, the Consultant shall continue to perform all its obligations under this agreement
without prejudice of final adjustment in accordance with such award.
16.1.3 JUIDCO may terminate this agreement, by giving a written notice of termination of minimum
30 days, to the Consultant, if the Consultant fails to comply with any decision delivered by
Principal Secretary/Secretary, Urban Development & Housing Department, Jharkhand.
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17. FORCEMAJEURE
17.1.1 Notwithstanding the provision as mentioned in the RFP, the Consultant shall not be
liable for liquidated damages or termination for default, if and to the extent that, its delay in
performance or other failure to perform its obligation under the agreement is the result of an
event of Force Majeure.
For purpose of this Clause, “Force Majeure” means an event beyond the control of
the Consultant and not involving any fault or negligence and not foreseeable. Such
events may include, but are not restricted to, acts of JUIDCO either in its sovereign or
agreement capacity, wars or revolution, fires, floods, epidemics, quarantine
restrictions and freight embargoes. But does not include failure of electricity, printing
system or non- availability of raw material as a cause beyond control.
17.1.2 If a Force Majeure situation arises, the Consultant shall promptly notify JUIDCO in
writing within 24 hours of such conditions and the cause thereof. Unless otherwise directed
by the JUIDCO in writing, the Consultant shall continue to perform its obligations under the
agreement as far as is reasonably practical, and shall seek all reasonable alternative means for
performance not prevented by the Force Majeure event.
17.2 JUIDCO may terminate this agreement, by giving a written notice of minimum 30
days to the consultant, if as a result of Force Majeure, the Consultant is unable to perform a
material portion of the services for a period of more than60days.
18. ARBITRATION
Any dispute between JUIDCO and Consultant regarding works or any matter initially resolved
by the adjudicator, if within 30 days adjudicator did not resolved the issue the matter will be
finally goes to arbitration. Arbitration will be done according to rule “arbitration and
cancellation act1996”.
The Adjudicator/ Arbitrator synonymous with (Dispute Review Expert) is the person
appointed jointly by the employer and the consultant to resolve disputes in the first instance. It
is to be conducted under the rules of Indian Arbitration and Conciliation Act, 1996 (26 of
1996) any statutory modifications or re-enactment thereof.
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Form T – 1
BIDDER DETAILS
1. Name of bidder
39
Form T – 2
The firm’s experience of the last10 years in the field of providing services in the field of
SWM projects (Please also enclosed the supporting documents)
1 2 3 4 5 6 7 8
40
Form T – 3
The qualification & Competence of the personnel proposed for the assignment as
mentioned in Clause 12
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Form T – 4
FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED
KEYSTAFF
1. Proposed Position:
2. Name of Staff: ………………………………………………………………………….
3. Date of Birth: ………………………………………………………………………….
4.Nationality: ………………………………………………………………………….
5. Educational Qualification:
6. Membership of professional societies (if any):
7. Publications (if any):
8. Employment Record:
(List all positions held by staff member since graduation, giving dates, names of
employing organization, title of positions held and location of assignments.
9. Summary of the CV
(Furnish a summary of the above C V. The information in the summary shall be precise
and accurate. The information in the summary will have bearing on the evaluation of the
CV.)
Education:
(i) Field of Graduation and Year
(ii) Field of post-graduation and year
(iii) Any other specific qualification
Experience
(i) Total experience: .......................................... Years.
(ii) Responsibilities held ................................................................ Years.
(iii) Relevant Experience: ............................................................... Years.
Permanent Employment with the Firm
(Yes/No): If yes, how many years:
If no, what is the employment:
Arrangement with the firm?
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Certification:
1. I am willing to work on the project and I will be available for entire duration of the
project assignment and I will not engage myself in any other assignment during
the currency of his assignment on the project.
2. I, the undersigned, certify that to the best of my knowledge and belief, this bio-
data correctly describes myself, my qualification and my experience.
43
Form T-5
Details of Resources Sheet - Equipment & Software’s owned by the Consultant firm and
likely to be used in carrying out the DPR & PMC work
44
Form T-6
FINANCIAL PROPOSAL SUBMISSION FORM
[Location, Date]
To,
Project Director
(Technical), JUIDCO Ltd.
3rdfloor, Pragati Sadan,
Kutchery Chowk,
Ranchi,Jharkhand
Dear
Sir:
Subject: Request for Proposal (RFP) for selection of Consultant for providing Consultancy services
for Preparation of DPR of Solid Waste Management (SWM) Project and Project Management
Consultancy (PMC) at Mahagama
We, the undersigned, offer to provide the consulting services for [Insert name of Assignment] in
accordance with your RFP dated [Insert Date].Our attached Financial Proposal is [Insert percentage here]
% to the Capital Cost.
{Note: The applicant shall quote Consultancy Charges for preparation of Detailed Project Report
(DPR) and for Providing PMC services of the project in % of the project cost basis; inclusive of
all taxes, GST etc.}
45
Our Financial Proposal shall be binding upon us subject to the modifications resulting from
Contract negotiations, up to expiration of the validity period of the Proposal. In case of any
variation in rates between words and figures, amount mentioned in words shall prevail.
No fees, gratuities, rebates, gifts, commissions or other payments have been given or
received in connection with this Proposal.
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,
46
Form T – 7
AFFIDAVIT
(IN NON-JUDICIAL STAMP PAPER OF RS. 50 OR ABOVE)
3. That in response to the said advertisement as stated in paragraph (2) above, our firm
has submitted its online proposal to JUIDCO.
4. That the proposals of our firm M/s ............................................................. containing necessary
information and particulars furnished as per given Performa, detailing therein:
a. Firm’s general experience in the field of assignment/work.
b. The qualification and Competency of the personnel for the assignment.
c. All other details as per the RFP document
5. That our firm have neither failed to perform on any contract, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial authority or a
judicial pronouncement or arbitration award against our firm, nor our firm have been
expelled/blacklisted/debarred from any project or contract by any public authority nor
have had any contract terminated by any public authority for breach of our part.
6. That our firm during the last five years, neither failed to perform on any agreement, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against us.
That the statements made in paragraph 1 to 6 of the foregoing affidavit as above are true to my
knowledge and belief and if anything is found contrary, I stand liable to be prosecuted under
appropriate Act / laws in force.
Solemnly affirmed by the said………………………………. at ...................................... on this the
……………………………day of ............................ 2013.
Deponent:
Identified by
me:
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Form T-8 PERFORMANCE GUARANTEE FORMAT
JUIDCO has invited bids for appointing a consultant for (Name of the project)
………………………………….. in the State of Jharkhand.
M/s. ............................................................................... submitted their
proposal with reference to the said bid, JUIDCO has since decided to award the contract to
M/s…....................... vide their letter of intent no…………….dated ......................... directing
M/s………… …. To submit Performance Bank Guarantee of Rs. ........................................
M/s .................................................................................. has requested us to furnish above
bank guarantee valid upto ................................................................Considering the request,
we...................do hereby undertake to pay to Managing Director, JUIDCO an amount not
exceeding Rs ................. lakhs on demand by Managing Director, JUIDCO in case of failure of
M/s in
fulfilling the obligations properly and timely under the said contract.
We ......................................................... … do hereby undertake to pay the amount payable under
this guarantee without demur, merely on a demand from Managing Director, JUIDCO. Any such
demand made on the bank shall be conclusive as regards the amount due and payable by the
bank under this guarantee.
Our liability under this guarantee shall be restricted to an amount not exceeding
Rs. ......................................... lakhs. This guarantee would remain in full force up
to…............................. Unless the demand as claim under this guarantee is made on us in
writing on or before
.........................………………………………………,we shall be discharged from all liabilities under this
guarantee
thereafter.
We undertake to pay unconditionally to Managing Director, JUIDCO any money so
demanded and our liability under this guarantee being absolute and unequivocal. The payment
so, made by us under this bond shall be a valid discharge of our liability from
payment there under and M/s ................................shall have no claim against us making
such payment.
This guarantee will not be discharged due to the change in the constitution of the
Bank or consultant.
We undertake not to release this guarantee during its currency except with prior consent of
48
Managing Director, JUIDCO in writing.
“Notwithstanding anything herein contained; our liability under this Guarantee shall:
(A) Be limited to a sum of Rs……………. Lakhs (Rupees… .............................
lakhs) only. (B) Stand completely discharged and all our rights under this
guarantee shall stand
extinguished, if no claim or demand is made upon us in writing on or before
......................”
Date………………………….
49
Form T-9
FORMAT FOR POWER OF ATTORNEY FOR SIGNING OF PROPOSAL
(On Non – judicial stamp paper of Rs. 100 duly attested by notary
public)
POWER OF ATTORNEY
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this
Power of Attorney and agree that all acts, deeds and things done by our aforesaid attorney shall
and shall always be deemed to have been done by us.
50
FormT-10
LETTER OF ACCEPTANCE
(Letter head paper of the Employer’s
Representative)
(Date)
To
(Name and address of the Agency)
Dear Sirs,
You are hereby requested to furnish Performance Security, in the form as per clause8.0 foran
amount
Equivalent to Rs. within 15 days of the receipt of this
letter of
acceptance valid up to days from the date of expiry of Contract i.e. up
to
and also furnish the Non-Judicial Stamp of
Rs.500/-for signing the Agreement, failing which action as stated in Clause 9 of Section- 1
will be taken.
Yours faithfully,
Authorized
Signature
Name and title of
Signatory
(Employer’s Representative)
51
Form T- 11 AGREEMENT FORM
Agreement
1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to and they
shall be deemed to form and be read and construed as part of this Agreement.
3. The Employer hereby covenants to pay the Agency in consideration of the execution
and completion of the consultancy Works and the remedying the defects wherein Contract
Price or such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be ready and construed as
part of this Agreement viz.
(1) The Agreement Form
(2) Letter of Acceptance,
(3) Agency Proposal
In witnessed whereof the parties there to have caused this Agreement to be executed the day
and year first before written.
52
The Common Seal of was hereunto
affixed in the presence of:
56
Form T-12
WHEREAS, [name of
Bidder] (hereinafter called "the Bidder") has submitted his Bid dated [date] for the construction
of [name of Contract hereinafter called "the Bid"].
SEALED with the Common Seal of the said Bank this day of,
(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified in the
Form of
Bid;OR
(2) If the Bidder having been notified to 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 Instruction to
Consultants; or b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Consultants;
or
We undertake to pay to 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 two conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date ** days after the
deadline for submission of Bids as such deadline is stated in the Instructions to Consultants 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.
DATE SIGNATURE
WITNESS SEAL
59
[Signature, name and address]
* The Bidder should insert the amount of the guarantee in words and figures denominated in
Indian
Rupees. This figure should be the same as shown in Table 1.1, Column- 3 of the Notice Inviting
Tender.
58
Form T-13Letter of Application
Dated:…………….
Sub: Request for Proposal (RFP) for selection of Consultant for providing Consultancy
services for Preparation of DPR of Solid Waste Management (SWM) Project and Project
Management Consultancy (PMC) at Mahagama
Dear Sir,
Attached to this letter is the authority regarding Power of Attorney appointing me/us as
designated person(s) to make these representations for and on behalf of the bidder in respect of
the proposal as per RFP bearing number dated 2020 _issued by JUIDCO.
For and on behalf of the bidder, I/we confirm:
1. Our offer is in accordance with the terms and conditions of the RFP issued by JUIDCO, and we
agree all the terms and conditioned mentioned in the RFP, and we have initialed each page of it to
convey our acceptance;
2. That the offer contained in the proposal attached to this letter is a firm offer which will remain
open for the proposal validity period referred to in the RFP, including any extension of the proposal
validity period as may be agreed by us;
3. That (JUIDCO) may by written notice extend the period of proposal validity period and the
proposal attached to this letter and the EMD below will remain in full force and be valid for that
extended period as per provisions of the RFP;
4. That the Bidder accepts the terms and conditions stipulated in RFP for the selection
process and undertakes to perform its obligations accordingly; and
5. That attached to this letter is the EMD, Tender fees along with all other documents and
information as required by the RFP.
Name
:
Title:
Date:
Signatory of the Partner].
59
Form T-14
CONSORTIUM AGREEMENT
CONDITIONS AND TERMS
(To be executed on Rs 100 Stamp Paper)
THIS CONSORTIUM AGREEMENT (hereinafter called the "Agreement") is made and entered into
this
……………. day of the month of… ...... 2019, by and among:
1. [Name of Leading Member] through Authorized Signatory [Name of Authorized Person] having their
principal place of business at [Address] for and on behalf of [Name of Leading Member] (hereinafter
called the “Consultant A") of the ONE PART;
2. [Name of Member] through Authorized Signatory [Name of Authorized Person] having their principal
place of business at [Address] in India for and on behalf of [Name of Member] (hereinafter called the
“Consultant B") of the SECOND PART;
All the above for the purpose of this Agreement hereinafter individually called the “Member” and
collectively called the “Members”
WHEREAS
(a) [Name of Client] has desired to appoint [Name of the Consortium] comprising above Members as the
Consultants for providing consultancy services; herein after called the “Services” for [Name of the
Project]; hereinafter called the “Project”; and
the Members have agreed to join hands in the form of a Consortium to provide the professional
consultancy services for the said Project on the terms and conditions as set forth in this
Agreement;
NOW THEREFORE, in consideration of the mutual covenants of the Members, the sufficiency
whereof hereby acknowledged and other good valuable considerations is, the Members have
agreed as follows:
1. DEFINITIONS AND INTERPRETATIONS
1.1 Definitions
Capitalized terms used in this Agreement shall have their respective defined meanings, and/or
shall have the meanings specified in the Contract and the Tender Document and subsequently
signed Contract between Client and Consultant, unless the context expressly or by necessary
implication otherwise requires.
1.1.1 “Client” means the person, firm, company or body named in [Schedule 1] and none other, except its
legal successors and permitted assigns;
1.1.2 “Consortium” means the Consortium formed between the Members in accordance with this
Agreement;
1.1.3 "Country" means the country named in [Schedule 1] where the Project is located;
1.1.4 “Day” means the period between any one midnight and the next, and “Month” means a period of one
month according to the Gregorian calendar commencing with any day in the month;
1.1.5 “Document” means written, drawn, typed, printed, magnetized or photographic material which is
capable of being copied;
1.1.6 “Invitation” means the invitation of the Client to a Member or Members to submit a proposal for the
provision of professional consultancy services for the Project;
1.1.7 “Lead Member” means the member which will take the lead in the management of the Consortium’s
affairs.
1.1.8 "Members" means the individuals or firms which have agreed to form a consortium in connection
with the project;
1.1.9 “Project” means the undertaking or proposed or actual works named in [Schedule 1] in connection
60
with which the Client intends or has commenced to proceed and requires professional services;
1.1.10 "Proposal" means the proposal to be prepared and submitted by the Consortium in response to the
Invitation;
1.1.11 "Services" means all the services to be performed by the Consortium in accordance with the
Proposal, Terms of Reference or the Services Contract, as the case may be;
1.1.12 "Services Contract" means the contract between the Client and the Consortium for the provision of
professional services for the Project; and
1.2 Interpretation
1.2.1 For the purpose of this Agreement, where the context so requires, (i) the singular shall be deemed to
include the plural and vice-versa and (ii) masculine gender shall be deemed to include the feminine
gender and vice-versa.
1.2.2 References to a “person” if any shall, where the context so admits, include references to natural
persons, partnership firms, companies, bodies corporate and associations, whether incorporated or not or
any other organization or entity including any governmental or political subdivision, ministry,
department or agency thereof.
1.2.3 The headings and sub-headings are inserted for convenience only and shall not affect the
construction and interpretation of this Agreement.
1.2.4 References to the word “include” and “including” shall be construed without limitation.
1.2.5 Any reference to day shall mean a reference to a calendar day.
2. PURPOSE OF CONSORTIUM AGREEMENT
2.1 The purpose of this Agreement is to specify the responsibilities of the Members towards the Client,
supplement the provisions of the Contract and the Tender Document concerning the Project and to set out
further rights and obligations of the Members supplementing but not conflicting with those present in the
Contract and the Tender Document.
3. DURATION
3.1 This Agreement shall come into force and effect on as of the date of Signing of this Agreement by the
Members. Unless otherwise terminated earlier, this Agreement shall remain effective until the complete
discharge of all obligations, concerning the carrying out of the Project, which have been taken on by the
Members. The duration of this Agreement may be extended, by the written agreement of the Members, for
such period as deemed appropriate.
4. COORDINATOR
4.1 The Members hereby understand and agree that there shall be a “Lead Member” who shall be the
point of contact for the purpose of the Project. It is hereby agreed by the Members that for the purpose of
the Agreement M/s. [Name of the Lead Member] has been appointed as Lead Member. The Lead Member
shall be specifically authorized by the Members to make representations and declarations on their behalf.
However, it is clarified that every Member of the Consortium shall be individually responsible for a part of
the Services for the Works as specified under [Schedule 2] and jointly and severally liable for the
successful completion of the entire Project.
4.2 For the purpose of this Agreement, the Tender Document and the Contract, the Lead Member shall be
the single point of contact for the Client, shall have the overall responsibility of the management of the
Project and shall have single point responsibility for ensuring that all members of the consortium are
complying with the terms and conditions set out in this Agreement.
4.3 All instructions/communications from Client to the Lead Member shall be deemed to have been duly
provided to all the Members of the consortium.
4.4 For the avoidance of doubt it is hereby clarified that the all Members of the consortium shall be held
individually responsible for the obligations mentioned in [Schedule 2] regarding their specific
roles/responsibilities undertaken by them under this Agreement.
5. RIGHTS AND OBLIGATIONS
5.1 For delivery of all Services as per Contract with the Client, Lead Member shall be primarily
accountable and responsible.
5.2 The Lead Member shall be responsible for the transmission of any documents and information
connected with the Project to the Members concerned.
5.3 It is hereby clarified that representations and declarations made by the Lead Member shall be legally
binding on all the Members of the Agreement. 61
5.4 Each Member shall use reasonable efforts to perform and fulfill, promptly, actively and on time, all of
its obligations under this Agreement.
5.5 All commercial activities with the Client shall be conducted by the Lead Member.
6. RESPONSIBILITIES TOWARDS EACH OTHER
6.1 (a) Each Member undertake:
(i) To promptly notify each of the Members about any significant delay in fulfillment of milestones in
relation to the Project; and
(ii) To inform other Members of relevant communications it receives from third parties in relation to the
Project.
(b) Each Member shall use reasonable efforts to ensure the accuracy of any information or materials it
supplies hereunder or under this Agreement and promptly act to correct any error therein as soon as it
came into the knowledge.
(c) Each Member shall act in good faith. When a Member believes that for carrying out the Project or use
of knowledge from the Project it might require access rights to another Member’s pre-existing know-how
or to another Member's knowledge and material which is not from the Project, it shall obtain written
permission from the Member prior to the use of such material.
(d) Each Member shall keep confidential all information of confidential nature, whether written or oral,
concerning to this Agreement and also abide by the terms of confidentiality as described in Tender
Documents and shall also abide by all the clauses of the Tender Documents.
(e) Each Member shall share with and disclose information to other Members including confidential
information and documents as may be necessary for the Project. The Members hereby understand and
agree that the information shall be used solely for the purpose of the Project and not for its own use or for
any third-party benefit.
7. LIABILITIES
7.1 Liability towards each other:
The Members hereby understand and agree that each Member shall be individually liable for
any default with regard to the deliverables of his part under the terms and conditions of the
Contract [Schedule 2] and the Tender Document.
7.2 Indemnification of a Member for each other:
Each Member shall indemnify each of the other Members, in respect of liability resulting
from acts or omissions of itself.
7.3 Liability towards Third Parties:
Subject always to such other undertakings and warranties as are provided for in this Agreement
and the Contract, each Member shall be solely liable for any loss, damage or injury to third
parties resulting from it carrying out its parts of the Project and from its use of knowledge
and/or know how. Both the specified parties i.e. consultant ‘A’ and consultant ‘B’ of the
consortium shall be jointly and severally liable for ant/all acts done or to be done or promised to
be done by them.
8. REPRESENTATION AND WARRANTIES
8.1 The Members hereby represent and warrant that:
(a) They are duly organized and validly existing under the laws of India and have full power and authority
to enter into this Agreement and to perform their obligations under this Agreement. The execution and
validity of this Agreement and the Consummation of the transactions contemplated by this Agreement
have been duly authorized by all necessary action on the part of the Members.
(b) This Agreement constitutes a valid and binding obligation of the Members, enforceable against them
in accordance with the terms hereof, and the execution, delivery and performance of this Agreement and
all instruments or agreements required hereunder do not contravene, violate or constitute a default of or
require any consent or notice under any provision of any agreement or otherinstrument to which the
Member is a party and tender document or by which the Members are or may be bound.
(c) Each of the representations and warranties shall be construed as a separate representation, warranty,
covenant or undertaking, as the case may be, and shall not be limited by the terms of any other
representation or warranty or by any other term of this Agreement.
(d) The Members have read, understood and agreed with the terms and conditions of this Agreement.
9. NOTICES
9.1 Notices, demands or other communication required62 or permitted to be given or made under this
Agreement shall be in writing in English language and will take effect from receipt at the address stated
herein below. Delivery can be made by hand or facsimile message against a written confirmation of
receipt or by registered letter, speed post or by courier subsequently confirmed by letter.
If to the Member of the First
Part [Insert name]
[Insert address]
If to the Member of the Second
Part [Insert name]
[Insert address]
9.2 Any such notice, demand or communication shall, unless the contrary is proved, be deemed to have
been duly served at the time of delivery in the case of service by delivery in person or by registered letter
post or courier at the given address.
10. LANGUAGE AND LAW
The following shall be stated in [Schedule 1]:
(i) The language in which this Agreement shall be written and
interpreted; and (ii)The country or state, the law of which shall apply to
this Agreement.
11. ARBITRATION
11.1 Any and all disputes or differences between the Members arising out of or in connection with this
Agreement or its performance shall, so far as it is possible, be settled amicably through consultation
between the Members.
11.2 Any dispute arising in connection with this Agreement which cannot be resolved by the Members in
accordance with the terms of this Agreement shall be settled by arbitration in accordance with the Rules
of Arbitration and conciliation Act 1996 of India. The Members agree to comply with the awards resulting
from arbitration and waive their rights to any form of appeal insofar as such waiver can validly be made.
12. MISCELLANEOUS
12.1 Each Member shall bear its own legal, accounting, professional and advisory fees, commissions and
other costs and expenses incurred by it in connection with this Agreement and the transactions
contemplated herein.
12.2 This Agreement supersedes all prior discussions and agreements (whether oral or written, including
all correspondence) if any, between the Members with respect to the subject matter of this Agreement. In
the event of any conflict between the terms of this Agreement and the Contract and the Tender Document,
the terms of the Contract shall prevail.
12.3 Any provision of this Agreement, which is invalid or unenforceable, shall be ineffective to the extent
of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof.
12.4 This Agreement shall be governed and interpreted by, and construed in accordance with the laws of
India, without giving effect to the principles of conflict of laws there under.
12.5 The Schedules shall have the same force and effect as if expressly set in the body of this Agreement
and any reference to this Agreement shall include the Schedules.
12.6 No variation or modification to the terms of this Agreement shall be made except by a written
amendment signed by the Members.
IN WITNESS WHEREOF, the Members have entered into this Agreement the day, month and
year first above written.
1. For and on behalf of
Name
Designation
Date
Seal
/-
2. For and on behalf of
Name
Designation
Date
Seal Director 63
SCHEDULE 1
SCHEDULE 2
64
Declaration (Letter) of Association for Consultancy Services
………………, 2018
To:
Declaration of Association for Consultancy Services for ...[Name of the Project for
which proposal is
to be submitted]
Dear Sir,
We, [Name of the Partner], the Partner to Joint Venture/Consortium [use
whichever is applicable] are pleased to confirm our association with lead
firm M/s [Name of the Lead Consultants], for providing engineering
consultancy services for the captioned project.
We look forward to work together for the successful completion of the project
in case we are awarded the subject assignment.
68