Request for Proposal

REQUEST FOR PROPOSAL (RFP)

APPOINTMENT

OF

PROJECT SUPERVISION SERVICES AGENCY (PSSA)

for

PROVIDING PROJECT SUPERVISION SERVICES

at

various Construction Sites/Sections in the jurisdiction of ADRA DIVISION

FOR

THE PROJECTS OF GATI SHAKTI UNIT,

ADRA DIVISION

CHIEF PROJECT MANAGER, GATI SHAKTI

ADRA DIVISION

Signature Not
Verified
Digitally signed by
PREM PRAKASH
KUMAR
Date: 2023.11.13
15:41:02 IST
Reason: IREPS-CRIS Page 1 of 121
Location: New Delhi
 Request for Proposal

MINISTRY OF RAILWAYS
GOVERNMENT OF INDIA
May 2022
Table of Contents
1. Introduction ........................................................................................................................................................ 6
1.1. Background ............................................................................................................................................... 6
1.2. Brief description of Bidding Process ........................................................................................................ 7
1.3. Schedule of Bidding Process ...................................................................................................................... 8
2. Instructions to Bidder(s) (ITB) ...................................................................................... .................................. 9
2.1. General..................................................................................................................................................... 9
2.2. Submission of Bids ................................................................................................................................. 10
2.3. Bid Security for RFP ............................................................................................................................ 10
2.4. Validity of the Bid ................................................................................................................................. 12
2.5. Preparation of Bids ................................................................................................................................ 12
2.6. Technical Bid ........................................................................................................................................ 13
2.7. Financial Bid....................................................................................................................... ................... 14
2.8. Conflict of Interest ................................................................................................................................. 15
2.9. Number of Bids ..................................................................................................................................... 16
2.10. Site Visit and Verification of Information ............................................................................................ 16
2.11. Acknowledgement by Bidder ................................................................................................................. 16
2.12. Clarifications / Queries by Bidders ......................................................................................................... 17
2.13. Amendment of RFP ................................................................................................................................ 17
2.14. Letter of Award (LOA) and Signing of Agreement ............................................................................. 18
2.15. Performance Security ............................................................................................................................. 18
2.16. Fraud and Corrupt Practices .................................................................................................................. 19
2.17. Intellectual Property ............................................................................................................................... 20
2.18. Confidentiality ............................................................................................... ........................................ 20
2.19. Foreign Companies ................................................................................................................................. 20
2.20. Evaluation of Bids ................................................................................................................................... 21
3. Criteria for Eligibility& Evaluation .............................................................................................................. 22
3.1. Conditions of Eligibility of Bidders ...................................................................................................... 22
3.2. Evaluation of Technical Bid .................................................................................................................. 24
3.3. Shortlisting of Bidders ........................................................................................................................... 27
3.4. Evaluation of Financial Bid ................................................................................................................... 27
3.5. Combined Techno-Financial Evaluation (QCBS) ............................................................................... 27
3.6. Selection of PROJECT SUPERVISION SERVICES AGENCY (PSSA)........................................... 28
3.7. Execution of Agreement ......................................................................................................................... 28
3.8. Commencement of PSS .......................................................................................................................... 28
4. Miscellaneous ............................................................................................................................. ..................... 29
SCHEDULES ....................................................................................................................................................... 30
Schedule 1: Form of PSS Agreement ...................................................................................................................... 31
PSS AGREEMENT ..................................................................................................................................... 33
1. Interpretation .............................................................................................................................. 33
2. PSSA............................................................................................................................................ 34
3. PROJECT SUPERVISION SERVICES AGENCY (PSSA)’s Services ……........................... 34
4. Delays in providing the Services by the PROJECT SUPERVISIONSERVICES AGENCY
and Extension of Time................................................................................................................ 39
5. Force Majeure......................................................................................................................... 41
6. Termination................................................................................................................................ 42
7. Amendment/Waiver.................................................................................................................... 43

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 Request for Proposal

8. Liability of Bidder to the Client and Insurance....................................................................... 43

9. Confidential Information ............................................................................................................ 45
10. Disputes ......................................................................................................................................... 46
11. Status ............................................................................................................................................. 56
12. Set Off ............................................................................................................................................ 56
13. Notices ........................................................................................................................................... 57
14. Governing Law ............................................................................................................................. 57
15. Assignment .................................................................................................................................... 57
16. Entire Agreement ......................................................................................................................... 57
17. Severability ................................................................................................................................... 57
18. PROJECT SUPERVISION SERVICES AGENCY (PSSA)’s work on the PSS to be the
property of Authority: ....................................................................................................................... 58
19. Waiver ........................................................................................................................................... 59
Terms of Reference (TOR) .............................................................................................................................. 63
1. Introduction & Background ....................................................................................................... 63
2. The PROJECT SUPERVISION SERVICES AGENCY ....................................................... 63
3. Objective of PROJECT SUPERVISION SERVICES AGENCY......................................... 63
4. Scope of Supervision Services ..................................................................................................... 65
5. Detailed Terms of Reference ....................................................................................................... 67
6. Implementation Arrangements................................................................................................... 73
7. PSSA’s Organization & Staffing .............................................................................................. 73
8. Miscellaneous ................................................................................................................................ 75
9. Weekly & Monthly Meetings:..................................................................................................... 76
10. Manpower Deployment: .............................................................................................................. 76
11. Terms & Conditions of Payment and Deployment: ................................................................. 78
Payment Schedule ............................................................................................................................................. 81
Bank Guarantee for Performance Security…………………………………………………………………..82
Bank Guarantee for Bid Security ................................................................................................................... 85
APPENDICES ............................................................................................................................................................ 87
APPENDIX-I .............................................................................................................................................................. 88
Technical Bid Form – 1: Letter Comprising the Bid .................................................................................... 88
Technical Bid Form – 2: Particulars of the Bidder....................................................................................... 91
Technical Bid Form – 3: Statement of Legal Capacity................................................................................. 93
Technical Bid Form – 4: Power of Attorney for Signing of the Bid ............................................................ 94
Technical Bid Form – 5: Power of Attorney .................................................................................................. 95
Technical Bid Form – 6: Format of Joint Bidding Agreement (in case of JV
/Consortium)…….............................................................................................................................................97
Technical Bid Form – 7: Financial Capacity of the Bidder........................................................................101
Technical Bid Form – 8: Particulars of Key Personnel...............................................................................102
. Technical Bid Form – 9: Proposed Methodology and Work Plan.............................................................103
Technical Bid Form – 10: Abstract of Eligible Assignment of the Bidder#..............................................104
Technical Bid Form – 11: Abstract of Eligible Assignments of Key Personnel........................................105
Technical Bid Form – 12: Curriculum Vitae (CV) for Proposed Key Personnel.....................................106
Technical Bid Form – 13: Eligible Assignments of Bidder.........................................................................108
Technical Bid Form – 14: Eligible Assignment of Key Personnel..............................................................109
Technical Bid Form – 15: Deployment of Key Personnel...........................................................................110
Technical Bid Form – 16: Affidavit.............................................................................................................. 111
Technical Bid Form – 17.................................................................................................. ............................. 113
Financial Bid Form – 1: Breakdown of Costs for Financial Bid (Indicative)........................................... 114
APPENDIX III......................................................................................................................................................... 115
APPENDIX IV..........................................................................................................................................................116
APPENDIX-V............................................................................................................................................................117

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 Request for Proposal

DISCLAIMER
The information contained in this Request for Proposals document (“RFP”) or subsequently provided
to Bidders, whether verbally or in documentary or any other form by or on behalf of the Authority or
any of its employees or advisers, is provided to Bidders on the terms and conditions set out in this
RFP and such other terms and conditions subject to which such information is provided.

This RFP is not an agreement or an offer by the Authority to the prospective Bidders or any other
person. The purpose of this RFP is to provide interested parties with information that may be useful to
them in the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which
reflect various assumptions and assessments arrived at by the Authority in relation to the Project
Supervision Services (PSS). Such assumptions, assessments and statements do not purport to contain
all the information that each Bidder may require. This RFP may not be appropriate for all persons,
and it is not possible for the Authority, its employees or advisers to consider the objectives, technical
expertise and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in this RFP, may not be complete, accurate,
adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and
should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments and information contained in this RFP and obtain independent advice from appropriate
sources.

Information provided in this RFP to the Bidders may be on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an exhaustive
account of statutory requirements and should not be regarded as a complete or authoritative statement
of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or
opinion on the law expressed herein.

The Authority, its employees and advisers make no representation or warranty and shall have no
liability to any person including any Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense
which may arise from or be incurred or suffered on account of anything contained in this RFP or
otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP and
any assessment, assumption, statement or information contained therein or deemed to form part of this
RFP or arising in any way in this Selection Process.

The Authority also accepts no liability of any nature whether resulting from negligence or otherwise,
howsoever caused, arising from reliance of any Bidder upon the statements contained in this RFP.
The Authority may in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information, assessment or assumption contained in this RFP. The issue of
this RFP does not imply that the Authority is bound to select a Bidder or to appoint the Selected
Bidder, as the case may be, for the PSS and the Authority reserves the right to reject all or any of the
Bids without assigning any reasons whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its
Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by the Authority or any other costs
incurred in connection with or relating to its Bid. All such costs and expenses will remain with the
Bidder and the Authority shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation for submission of the Bid, regardless of
the conduct or outcome of the Selection Process.

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 Request for Proposal

GLOSSARY

Authority As defined in Clause 1.1.1

Bid As defined in Clause 1.2.1
Bidder As defined in Clause 1.2.1
Bid Due Date As defined in Clause 1.1.2
Bidding Process As defined in Clause 1.2.1
Bid Security As defined in Clause 1.2.4
CV means Curriculum Vitae
Eligible Assignment As defined in Clause 3.1.3
Financial Bid As defined in Clause 1.2.1
KIT means Key Information Table as provided inClause 1.1.2 Lead Member
As defined in Clause 2.1.2
LOA means Letter of Award
Project As defined in Clause 1.1.1
Railway means the President of the Republic of India or the administrative officers of the Railway or
Successor Railway authorized to deal with any matter, which these presents are concerned on his
behalf.
RFP means Request For Proposal
Selected Bidder as defined in Clause 3.6.1 or Clause 3.6.3, as the case may be.
Technical Bid As defined in Clause 1.2.1
TOR means Terms of Reference
US$ means United States Dollar

The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.

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 Request for Proposal

1. Introduction

1.1. Background

1.1.1. Indian Railways (the “IR”) undertake varied infrastructure development works through
Construction Units of Zonal Railway, various Production Units, and Project related
Organizations. Over the years, budgetary allocations for these infrastructure development
works and the number of works have gone up considerably; the need for Project Supervision
Services Agency (PSSA) to supervise the execution of various project works has been
strongly felt to achieve the construction works to desired specifications and standards, timely
completion of various activities, and overall Project implementation/ completion within the
stipulated duration.
1.1.2. The brief particulars of the Project and the Bidding Process are as follows in the Key
Information Table (KIT):
S No. Particular Details
1 Name of the Work Appointment of Project Supervision Services Agency (PSSA) for
Providing Project Supervision Services for The Projects of Gati
Shakti Unit, Adra Division.
2 Estimated cost of Project [Rs 2,29,30,455.58 (Rs. Two Crore Twenty Nine Lakh
Supervision Services (in figures Thirty thousand Four hundred Fifty five and Fifty Eight
and words) paise Only] Excluding of GST.
3 Estimated period for completion 18 Months
of services
4 Bid Due Date and time By [ 15.00 Hrs ] (IST) on [12.12.2023 ]
5 Physical As per Clause 2.2.1 and/or Clause 2.3
submission/retention/production
of all documents uploaded by the
Bidder
6 Date and Time of Opening of Bid At [ hrs ] (IST) on the (Bid Due Date)
7 Mode of tendering Single stage two packet (open)
8 Consortium/Joint Venture Allowed for tenders valuing more than 10 cr.
9 Mode of submission of Bids Online submission on e-Procurement Portal
10 e-Procurement Portal www.ireps.gov.in
11 RFP document Fee [NIL]
12 Bid Security(Refer clause 2.3) [Rs. 2,64,700]
13 Bank Account Details of the Name of Beneficiary: FA & CAO, South Eastern
Authority Railway, Garden Reach, Kolkata-700043.
Payable at Kolkata.
14 Authority’s Representative for Name of Officer: Prem Prakash Kumar, Dy. CPM/
this RFP purpose GSU/ENGG/ADA.
Address: Office of the Divisional Railway Manager, Adra
723121 Phone: 9002083200 E mail:
[email protected]
15 Validity of the Bid [120] days from the Bid Due Date
16 Pre-bid Conference Details Mode of Meeting : Online/ Physical
Date:17.11.22 Time: 11.30 hrs For Online Meeting link
: Please contact the Authority’s Representative (S.No. 14
above) For Physical Meeting: Office of the Divisional
Railway Manager, Adra Division, DRM office , Adra,
PIN-723121
17 Last date of receiving Queries 22.11.23

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18 Performance Security @ 5% (Five percent) of the Cost of PSS in Terms of Clause 2.15.
Shall be valid until 60 (sixty) days of the expiry of the Defects
Liability Period. In favour of: FA & CAO, South Eastern
Railway, Garden Reach, Kolkata-700043.
Payable at: Kolkata
19 Submission of Performance Within 15 days of issue of Letter of Award (LOA).
Security
20 Signing of Agreement Within 15 days of submission of Performance Security
21 Provision of purchase preference Latest directives of Central Government regarding purchase
Policy preference shall be applicable to the tender
1
Please retain either of the two
2
Please insert the relevant details of the Project for which the supervision services is being required

1.2. Brief description of Bidding Process

1.2.1. The Authority has adopted a single stage two packet system (referred to as the "Bidding
Process") for selection of the Bidder to provide the Project Supervision Services (PSS). The
1st (first) part (the “Technical Bid”) of the process involves evaluation of the requirements of
the technical bid by the interested parties and who submits a Bid in accordance with the
provisions of this RFP (the “Bidder”). The 2nd (second) part of the process involves opening
of financial bids (the “Financial Bid”) of the bidders qualified in Technical Bid. The
Technical and Financial Bid shall collectively be referred as Bid (the “Bid”). Bids will finally
be ranked according to their combined technical and financial scores as specified in Clause
3.5.

1.2.2. The Bidder would be required to furnish all information specified in this RFP which includes
physical submission of required documents in original at the designated office of Authority
mentioned in KIT as per the provisions under clause 2.2.1 The Technical Bids of Bidders
would be evaluated and only those Bidders that are qualified by the Authority shall be eligible
for the 2nd (second) part of the Bidding Process comprising opening and evaluation of their
Financial Bids.
1.2.3. A brief description of the Projects is enclosed at Appendix IV of the RFP. This is being
provided only as a preliminary reference document by way of assistance to the Bidders who
are expected to carry out their own surveys and other detailed examination of the Project
before submitting their Bids. Nothing contained in the above description shall be binding on
the Authority nor confer any right on the Bidders, and the Authority shall have no liability
whatsoever in relation to or arising out of any or all contents of the description of the project.

Bidders are advised to examine the Projects in greater detail, and to carry out, at their cost,
such studies as may be required for submitting their respective Bids for award of the contract
including implementation of the project supervision services for the Project.

1.2.4. The Bid document shall be available free of cost through the e-Procurement Portal as
mentioned in the KIT. A Bidder is required to submit, along with its Bid, a Bid Security of
the amount as mentioned in the KIT (the "Bid Security"). The Bidder will have to provide
Bid Security through [e- payment Gateway of e-Procurement Portal/Authority]. The Bid shall
be summarily rejected if it is not accompanied by the prescribed amount of Bid Security.

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 Request for Proposal

1.2.5. Other details of the process to be followed under this Bidding Process and the terms thereof
are spelt out in this RFP.

1.2.6. Any queries or request for additional information concerning this RFP shall be submitted in
writing by speed post/courier/special messenger or by e-mail or through e-Procurement
Portal, so as to reach the Authority’s Representative in item no. 14 of KIT by the specified
date. Such queries or request for additional information shall be dealt as per the provision of
Clause 2.12. The envelopes/ communication shall clearly bear the following identification/
title:

"Queries/Request for Additional Information: REQUEST FOR PROPOSAL FOR THE

APPOINTMENT OF PROJECT SUPERVISION SERVICES AGENCY (PSSA)
FOR PROVIDING PROJECT SUPERVISION SERVICES FOR THE
PROJECTS OF GATI SHAKTI UNIT, ADRA DIVISION”

1.3. Schedule of Bidding Process

1.3.1. The Authority shall endeavour to adhere to the schedule provided in the KIT at Clause 1.1.2.

**********

2. Instructions to Bidder(s) (ITB)

2.1. General

2.1.1. The brief and background about PSS is provided in the Introduction. Bidder(s) are advised to
inform themselves fully about the site, assignments and the conditions before submitting the
bid by visiting [the Project Site area] and Authority office. Please note that no cost of any
such visit is reimbursable by Authority.

2.1.2. In case a Bidder possesses the requisite experience and capabilities required for undertaking
the supervision services, it may participate in the Selection Process either individually (the
“Sole Bidder”) or as JV/consortium of firms (the “Consortium”) in response to this
invitation. The term bidder (the “Bidder”) will apply to both a Sole Bidder or a Consortium
and its Members. However, no Bidder applying individually or as a Member of a Consortium
as the case may be can be Member of another Bidder. The manner in which the Bid is
required to be submitted, evaluated and accepted is explained in this RFP. In case the Bidder
is a Consortium, it shall, comply with the following additional requirements to be eligible:

i. Number of Members in a consortium shall not exceed [3 (three)];

ii. Subject to the provisions of sub-clause (i) above, the Bid should contain the information
required for Member of the Consortium;

iii. Members of the Consortium shall nominate one Member as the lead member (the
“Lead Member”), who shall have minimum 51% share in the Consortium. The
nomination(s) shall be supported by a Power of Attorney, as per the format in this RFP,
signed by all the other Members of the Consortium. The duties, responsibilities and
powers of such Lead Member shall be specifically included in the Joint Bidding

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Agreement. It is expected that the Lead Member would be authorized to incur liabilities
and to receive instructions and payments for and on behalf of the Consortium. Without
prejudice to the joint and several liability of all the members of the Consortium, the
Lead Member shall represent all the members of the Consortium and shall at all times
be liable and responsible for discharging the functions and obligations of the PROJECT
SUPERVISION SERVICESAGENCY;

iv. The Bid should include a brief description of the roles and responsibilities of individual
Members;

v. An individual Bidder cannot at the same time be a Member of a Consortium applying

for the PSS. Further, a Member of a particular Consortium cannot be Member of any
other Consortium applying for the PSS;

vi. Members of the Consortium shall enter into a binding Joint Bidding Agreement (the
“Joint Bidding Agreement”), for the purpose of submitting a Bid. The Joint Bidding
Agreement, to be submitted along with the Application, shall, inter alia:

a. clearly outline the proposed roles and responsibilities, if any, of each Member;

b. include a statement to the effect that all Members of the Consortium shall be liable
jointly and severally for all obligations in relation to the PSS until the completion of
the Services in accordance with the contract and the ToR;
c. clearly define the proposed administrative arrangements (organization chart) for the
management and execution of the Services, if awarded to the Consortium; except as
provided under this RFP, there shall not be any amendment to the Joint Bidding
Agreement without the prior consent of the Authority.

vii. No change in composition of the Consortium will be submitted to the Authority during
the Selection Process and during the subsistence of the PSS.

viii. All the Members of the Consortium shall be liable jointly and severally for all
obligations of the PSSA in relation to the PSS until completion of Services in
accordance with the Agreement and the ToR.

2.2. Submission of Bids

2.2.1. Bids are to be submitted online only as per the instructions for online bid submission. Bidders
are required to retain the original of the submissions uploaded in the e-Procurement Portal till
bid validity period, except the Selected Bidder who is required to retain the original of the
submissions uploaded in the e-Procurement Portal till completion of the Services. Bidders
including Selected Bidder may be required to submit originals of all documents together with
their respective enclosures during bid evaluation/after declaration of bid evaluation result by
Authority. Bidders or Selected Bidder (including any of its Joint Venture Members) failing to
submit the original documents required shall be liable for rejection of Bid, withdrawal of
LoA, debarment from bidding in MoR projects for a period upto 5 years or any measures to
be undertaken as the Authority deems fit.

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2.3. Bid Security for RFP

2.3.1. The Bidder is required to submit an interest free Bid Security as per KIT. Please refer to
instructions for online bid submission at the E-Procurement Portal.

2.3.1.1 The Bid Security shall be rounded off to the nearest ₹100. This Bid Security shall be
applicable for all modes of tendering.

2.3.1.2 The Bid Security shall be deposited either in cash through e-payment gateway or submitted as
Bank Guarantee bond from a scheduled commercial bank of India or as mentioned in tender documents. The
Bank Guarantee bond shall be as per Annexure-V and shall be valid for a period of 90 days beyond the bid
validity period.

2.3.1.3 In case, submission of Bid Security in the form of Bank Guarantee Bond, following shall
be ensured:

i. A scanned copy of the Bank Guarantee bond shall be uploaded on e-Procurement

Portal (IREPS) while applying to the tender.

ii. The original Bank Guarantee bond should be delivered in person to the official
nominated as indicated in the tender document within 5 working days before deadline
of submission of bids.
iii. Non submission of scanned copy of Bank Guarantee bond with the bid on e-tendering
portal (IREPS) and/or non submission of original Bank Guarantee within the
specified period shall lead to summary rejection of bid.

iv. The Tender Security shall remain valid for a period of 90 days beyond the
validity period for the Tender.

v. The details of the BG, physically submitted should match with the details available in
the scanned copy and the data entered during bid submission time, failing which the
bid will be rejected.

vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The
envelope shall clearly bear the identification “Bid for the APPOINTMENT OF
PROJECT SUPERVISION SERVICES AGENCY (PSSA) FOR PROVIDING
PROJECT SUPERVISION SERVICES FOR THE PROJECTS OF GATI
SHAKTI UNIT, ADRA DIVISION” and shall clearly indicate the name and address of
the Bidder. In addition, the Bid Due Date should be indicated on the right hand top corner of
the envelope.

vii. The envelope shall be addressed to the officer and address as mentioned in the tender
document.

viii. If the envelope is not sealed and marked as instructed above, the Railway assumes no
responsibility for the misplacement of BG Bond.

2.3.2. Bid security of unsuccessful Bidder(s), if any, shall be returned after issuance of LOA to the
Selected Bidder. Bid Security of Selected Bidder, if any, shall be returned after submission of
Performance Security as per the provision of this RFP and LOA.

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2.3.3. MSEs registered with District Industries Centers/ Khadi and Village Industries Commission/
Khadi and Village Industries Board/Coir Board/ National Small Industries Corporation/
Directorate of Handicraft and Handloom/ ‘UDYAM REGISTRATION’/ Any other body
specified by Ministry of MSME are exempted from the payment of Bid Security subject to
submission of valid registration with MSME, Govt. of India. Micro and Small Enterprises
(MSE) must, along with their offer, provide proof of their being registered as MSE (indicating
the terminal validity date of their registration) for the item tendered, with any agency
mentioned in the notification of the Ministry of Micro, Small and Medium Enterprises
(Ministry of MSME), indicated below:
a) District Industries Centres;
b) Khadi and Village Industries Commission;
c) Khadi and Village Industries Board;
d) Coir Board;
e) National Small Industries Corporation;
f) Directorate of Handicraft and Handloom; and
g) Any other body specified by the Ministry of MSME.

However, all other prescribed eligibility criteria will remain applicable on such Bidder(s)
also. In case of exemption from payment of Bid Security as a matter of Govt. Policy, the
scanned copy of document in support of exemption shall have to be uploaded by the Bidder(s)
during bid submission. The onus of proving that the Bidder is exempted from payment of the
Bid Security will lie squarely on such Bidder(s). In this connection, it should be noted that
mere opening of bid does not mean that the bid has to be considered by Authority as a valid
bid. At a later stage, if it is discovered from the uploaded documents that such Bidder(s) is/are
not entitled for the exemption from payment of Bid Security, their bid shall be treated as non-
responsive and rejected outright.

2.3.4. The Bidder is liable for damages in following cases:

a) If the Bidder submits a non-responsive Bid

b) If the Bidder withdraws its bid (offer) during the Bid Validity Period.
c) If the Selected Bidder fails to accept the Letter of Award in writing within the time
specified in this document or any extension thereof granted by the Authority.
d) If the Selected Bidder fails to sign the agreement within the time specified in this
document or any extension there-of granted by the Authority.
e) If the Bidder imposes any condition after the Bid Due Date affecting the original bid.
f) If the Selected Bidder fails to submit the Performance Security within stipulated time.

2.3.5. Under such case as mentioned under Clause 2.3.4, the Bid Security or the Performance
Security if submitted, shall be forfeited and the Bidder shall be banned from submission of
bids in any works/services tender issued by Ministry of Railways for a period upto5 (five)
years from the date of such banning done.

2.3.6. Any bidder from the countries sharing a land border with India will be eligible to bid in any
procurement whether of goods, services (including PSS and non-PSS) or works (including
turnkey projects) only if the bidder is registered with the Competent Authority. The
Competent Authority for registration will be the Registration Committee constituted by the
Department for Promotion of Industry and Internal Trade (DPIIT), Government of India. For
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 Request for Proposal

interpretation of this clause Department of Expenditure, Ministry of Finance, Government of

India letter F.No.6/18/2019-PPD dated 23/07/2020 shall be referred which is enclosed as
Appendix I Technical Bid Form-17.

2.3.7. Preference to Make in India

Preference to Make in India: The provisions of revised ‘Public Procurement (Preference to

Make in India) Order 2017’ issued by Department of Industrial Policy and Promotion under
Ministry of Commerce and Industry vide letter no. P-45021/2/2017-PP (BE-II) dated
16.09.2020, as amended from time to time up to Bid Due Date, shall be applicable to the
bidding process and award of the contract shall be done accordingly.

2.4. Validity of the Bid

The Bid shall be kept valid for a period as mentioned in the KIT.

2.5. Preparation of Bids

i. The Bid as well as all related correspondence exchanged by the Bidder(s) and the
Authority shall be written in English language, unless specified otherwise.

ii. In preparing their Bid, Bidder(s) are expected to examine in detail the documents
comprising the RFP. Material deficiencies in providing the information requested may
result in rejection of a Bid.

iii. An authorized representative of the Bidder(s) shall digitally sign the Technical and
Financial Bid. The authorization shall be in the form of a written Power of Attorney, as
per the format provided in Appendix-I (Technical Bid Form-4), accompanying the Bid
and also Power of Attorney for Lead Member in case of Consortium as per the format
provided in Appendix-I (Technical Bid Form-5)

2.6. Technical Bid

2.6.1. While preparing the Technical Bid, Bidder(s) must give particular attention to the following:

a) The estimated number of Key Personnel for the PSS/job is provided in Clause 10 of
Terms of Reference of this RFP. In line with the requirement, while making the bid, the
Bidder must ensure that he proposes the minimum number and type of expert(s) as
sought by the Authority above, failing which the bid shall be considered as non-
responsive and shall not be evaluated further.

b) Bidders shall submit the Technical Bid in the formats at Appendix- I

c) While submitting the Technical Bid, the Bidder shall, in particular, ensure that:

(i) The Bid Security is submitted as per Clause 2.3;

(ii) All forms are submitted in the prescribed formats and all the RFP,
Corrigendum, Addendum and Reply to Queries, submitted by bidder shall be

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 Request for Proposal

digitally signed by the bidder or his representative holding the Power of

Attorney;

(iii) Power of Attorney for Authorised Representative, (in case of Consortium by

Authorised Representative of Lead Member of Consortium) if applicable, is
submitted in the format provided at is executed as per Applicable Laws;

(iv) Joint Bidding Agreement is executed and submitted as specified in Appendix-I

Technical Bid Form-6 incase of Consortium.

(v) The bid is responsive in terms of Clause 2.20.2;

(vi) Failure to comply with the requirements spelt out in this Clause shall make the
Bid liable to be rejected.

d) Authority reserves the right to verify all statements, information and documents,
submitted by the Bidder in response to the RFP. Any such verification or the lack of
such verification by Authority to undertake such verification shall not relieve the
Bidder of its obligations or liabilities hereunder nor will it affect any rights of Authority
there under.

e) In case it is found during the evaluation or at any time before signing of the Agreement
or after its execution and during the period of subsistence thereof, that one or more of
the eligibility conditions have not been met by the Bidder or the Bidder has made
material misrepresentation or has given any materially incorrect or false information the
Bidder shall be disqualified forthwith, if the Bidder is the Lead Member of a
consortium, then the entire consortium may be disqualified / rejected if not yet
appointed as the PROJECT SUPERVISION SERVICESAGENCY either by issue of
the LOA or entering into of the Agreement, and if the Selected Bidder has already been
issued the LOA or has entered into the Agreement, as the case may be, the same shall,
notwithstanding anything to the contrary contained therein or in this RFP, shall be
terminated, by a communication in writing by Authority without Authority being liable
in any manner whatsoever to the Bidder or Consultant , as the case may be. The award
of this PSS to the Bidder at Bid stage may also be liable to cancellation in such an
event. In such an event, Authority shall forfeit and appropriate the Bid Security as
mutually agreed pre-estimated compensation and damages payable to Authority for,
inter alia, time, cost and effort of Authority and the Bidder shall be banned from
submission of bids in any works/ services tender issued by Ministry of Railways for a
period of up to 5 years from the date of such banning done.

f) Notwithstanding anything contained in this RFP, the Authority reserves the right to
accept or reject any Bid and to annul the Selection Process and reject all Bids, at any
time without any liability or any obligation for such acceptance, rejection or annulment,
and without assigning any reasons, therefore.

2.6.2. The Technical Bid shall not include any financial information. A Technical Bid containing
financial information shall be declared as non-responsive.
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 Request for Proposal

2.6.3. Authority shall be at liberty to keep the credentials submitted by the Bidders at bidding stage,
in public domain and the same may be uploaded by the Authority on Authority’s website.
Bidders should have no objection if Authority uploads the information pertaining to their
credentials as well as of their Key Personnel.

2.6.4. By submitting the Bid, it is also understood that the individual Key Personnel proposed in the
bid by the Bidder or any replacement thereof shall have no objection in uploading/hoisting of
their credentials by the Authority in public domain.

2.7. Financial Bid

2.7.1. Bidders shall submit the financial bid online in the formats indicated at Appendix-II (the
“Financial Bid”) clearly indicating the total cost of the PSS, in terms of proposed
deployment as per Appendix-II, Financial Bid Form-1, and digitally signed by the Bidder’s
Authorised Representative.

2.7.2. While submitting the Financial Bid, the Bidder shall ensure the following:

i. Financial Bid must be strictly using the formats attached in Appendix-II.

ii. No additional personnel/items/quantities other than that specified in the formats should
be proposed by the Bidder.

iii. Payment for the PROJECT SUPERVISION SERVICES shall be paid as per the
remuneration rates for services in the financial bid submitted by them and in terms of
the provision of this RFP.

iv. The remuneration rates shall be increased as per the provisions under Clause 4.7 of the
Agreement. However, for evaluation and award of the Bid, the quoted rates shall be
considered without considering the increase in the remuneration rates.

v. All the costs associated with the PSS shall be included in the Financial Bid. These shall
normally cover remuneration for all the personnel, accommodation, air fare, travel,
equipment, printing of documents, stationary etc. The Financial Bid shall be without
any condition attached or subject to any assumption and shall be final and binding. In
case any assumption or condition is indicated in the Financial Bid, it shall be
considered non-responsive and liable to be rejected.

vi. The Financial Bid shall take into account all expenses and all tax liabilities except for
GST. Further, all payments shall be subject to deduction of taxes at source as per
Applicable Laws.

vii. There is no provision of Mobilization advance in this contract.

2.7.3. The rates quoted shall be firm throughout the period of performance of the PSSA up to and
including discharge of all obligations of the PROJECT SUPERVISION SERVICES
AGENCY under the Agreement, except the increase in remuneration rates as per 2.7.2 (iv)
above.

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2.8. Conflict of Interest

2.8.1. A Bidder shall not have a Conflict of Interest with regard to this assignment. Any Bidder
found to have such a conflict of interest shall be disqualified.

2.8.2. Authority requires that the PSSA provide professional, objective, and impartial advice and
services and at all times hold Authority’s interests paramount, avoid conflicts with other
assignments or their own corporate interests and act without any consideration for future
work. The PSSA shall not accept or engage in any assignment that would be in conflict with
its prior or current obligations to other employers or that may place it in a position of not
being able to carry out the assignment in the best interest of Authority.

2.8.3. Without limitation on the generality of the foregoing, the PSSA and any of its associates shall
be considered to have a conflict of interest and shall not be selected under any of the
circumstances set forth below:

i. If there is a conflict among this and other consulting assignments of the PSSA
(including its personnel) and any subsidiaries or entities controlled by such PSSA. The
duties of the PSSA depend on the circumstances of each case. While providing services
to the Authority for this particular assignment, the PSSA shall not take up any
assignment that by its nature will result in conflict with the present assignment.

ii. A firm which has been engaged by the Authority to provide goods or works for a
project, and any of its affiliates, will be disqualified from providing services for the
same project. Conversely, a firm hired to provide services for the preparation of
implementation of a project, and any of its affiliates, will be disqualified from
subsequently, providing goods or works or services related to the same project

iii. A Bidder eventually appointed to provide Services for this Project, as well as any of its
affiliates, shall be disqualified from subsequently providing goods or works or services
related to the construction and execution of the same project (other than a continuation
of the Firm’s earlier services) till one year from the date of completion of services
under this Services.

2.9. Number of Bids

2.9.1. No Bidder or its Associate shall submit more than one Bid for this RFP. A Bidder applying
individually or as an Associate shall not be entitled to submit another Bid either individually
or as a member of any consortium, as the case may be.

2.10. Site Visit and Verification of Information

2.10.1. Bidders are encouraged to submit their respective Bids after visiting the Project Site and
ascertaining for themselves the site conditions, traffic, location, surroundings, climate, access
to the site, site conditions, other factors having influence on the execution of the project etc.,
Applicable Laws and regulations or any other matter considered relevant by them.
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2.11. Acknowledgement by Bidder

2.11.1. It shall be deemed that by submitting the Bid, the Bidder has:

a) made a complete and careful examination of the RFP;

b) received all relevant information requested from Authority;

c) acknowledged and accepted the risk of inadequacy, error or mistake in the information
provided in the RFP or furnished by or on behalf of Authority or relating to any of the
matters referred to in Clause 2.10;

d) satisfied itself about all matters, things and information, including matters referred to in
Clause 2.10 herein above, necessary and required for submitting an informed Bid and
performance of all of its obligations there under;

e) acknowledged that it does not have a Conflict of Interest and agreed to be bound by the
undertaking provided by it under and in terms hereof.

f) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

information provided in the RFP or ignorance of any of the matter referred to in
Clause2.11.1 hereinabove shall not a basis for any claim for compensation, damages,
extension of time for performance of its obligations, loss of profits etc. from Authority,
or a ground for termination of the Agreement

2.11.2. The Authority shall not be liable for any omission, mistake or error on the part of the Bidder in
respect of any of the above or on account of any matter or thing arising out of or concerning
or relating to RFP or the Selection Process, including any error or mistake therein or in any
information or data given by Authority.

2.12. Clarifications / Queries by Bidders

2.12.1. Bidders seeking any clarification on the RFP may send their queries to Authority in writing or
through email id and before the date mentioned in Key Information Table.

2.12.2. Authority shall endeavour to respond to the queries at the earliest. The Authority will upload
the reply to all such queries on the e-Procurement Portal only

2.12.3. The Authority reserves the right not to respond to any questions or provide any clarifications,
in its sole discretion, and nothing in this Clause 2.12 shall be construed as obliging Authority
to respond to any question or to provide any clarification.

2.13. Amendment of RFP

2.13.1. At any time prior to the Bid Due Date, Authority may, for any reason, whether at its own
initiative or in response to clarifications requested by a Bidder, modify the RFP by the
issuance of Addenda/Corrigenda/Response to Pre-Bid queries as uploaded on the e-
Procurement Portal and which shall be part of the Agreement to be executed between the
Selected Bidder and the Authority.
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2.13.2. Any Addendum issued hereunder will only be uploaded on the e-Procurement Portal.

2.13.3. In order to afford the Bidders a reasonable time for taking an Addendum into account, or for
any other reason, the Authority may, in its sole discretion, extend the Bid Due Date. 3

2.13.4. Any corrigendum/ addendum/ clarifications/ reply to queries issued by Authority for the RFP
shall be published only on the e-Procurement Portal and no separate information shall be
communicated to individual Bidders.

3
While extending the Bid Due Date on account of corrigendum, the Authority shall have due regard for the time required by
bidders to address the amendments specified therein. Generally, at least 15(Fifteen) days shall be provided between the date
of amendment and the Bid Due Date.

2.14. Letter of Award (LOA) and Signing of Agreement

2.14.1. The Selected Bidder in terms of contract agreement and upon successful completion of
negotiations, if required, shall be considered for issue of LOA. The Selected Bidder shall be
required to commence the PSS as per the provisions under Clause 3.8.1. Till such time
agreement is executed, the LOA will constitute a legal and binding contract between the
Authority and the Selected Bidder.

2.14.2. The Selected Bidder shall be required to sign a Contract Agreement within the days as
specified in the Key Information Table after submission of Performance Guarantee or within
the time as extended by Authority due to administrative reasons for submission of
Performance Guarantee as per Clause 2.15.1.

2.14.3. If the Bidder fails to comply with any of the conditions indicated in RFP (unless any period is
relaxed by Authority for compelling and genuine reasons and the decision of Authority in
such case would be absolute and final), the LOA can be withdrawn duly forfeiting the Bid
Security of the Bidder.

2.14.4. In case of any re-tendering, extension of bid submission dates, delay in inviting tenders etc.,
for the selection of bidder(s) for the WORKS Agreement, due to administrative/legal reasons,
Authority reserves the right to either discontinue the services of the PSSA without any claims
whatsoever or to direct the PSSA to continue their PSS till successful completion of the
activities specified in TOR or to such extended/re-tendered process. Authority’s decision in
this regard shall be final and binding on the Bidder.

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2.15. Performance Security

2.15.1. In order to ensure the due performance of the contract, the Selected Bidder shall submit a
Performance Security to Authority for a sum equivalent to amount as mentioned in the KIT.
The Selected Bidder shall have to submit Performance Security within the days mentioned in
the KIT. Extension of time for submission of Performance Security beyond such days and up
to 60 (Sixty) days from the date of issue of LOA may be given by Authority on written
request of the Selected Bidder. However, a penal interest @15% per annum, on the amount of
Performance Security, shall be payable by the Selected Bidder for the period of extension
beyond the days mentioned in the KIT. In case Selected Bidder fails to submit the.
Performance Security even up to 60 (Sixty) days from the date of issue of LOA, the contract
shall be terminated by cancellation of LOA and amount of Bid Security shall be forfeited.

2.15.2. The Performance Security shall be payable through RTGS/NEFT in the bank account as
mentioned in the KIT, or in the form of Bank Guarantee/TDR/Demand Draft/ Bankers’
Cheque or Pay Order in favour of as mentioned in the KIT, drawn on any nationalized or
scheduled commercial bank. The said Performance Security will be kept valid for duration as
mentioned in the KIT. Thereafter as required by the Authority, the same shall be extended
further for the required period as may be decided by the Authority. The Performance Security
would however be forfeited in case of any event of Default leading to termination of contract
as described in the Agreement.

2.15.3. The Performance Security shall be released two months after the payment of the final bill and
submission of NOC.

2.15.4. Forfeiture of Performance Security

The Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the Authority’s any other right or remedy hereunder
or in law or otherwise, its Performance Security shall be forfeited and appropriated by the
Authority as the mutually agreed pre-estimated compensation and damages payable to the
Authority for, inter alia, the time, cost and effort of the Authority in regard to the RFP,
including the consideration and evaluation of the Bid, under the following conditions:

i. If a Bidder engages in any of the Prohibited Practices specified in Clause 2.16 of this
RFP;
ii. if the Bidder is found to have a Conflict of Interest as specified in Clause 2.8; and
iii. if the Selected Bidder commits a breach of the Agreement.

2.16. Fraud and Corrupt Practices

2.16.1. Authority requires that the Bidder(s) participating in selection process adhere to the highest
ethical standards, both during the selection process and throughout the execution of a
contract. In pursuance of this policy, Authority:

i. Defines, for the purpose of this paragraph, the terms set forth below:

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(a) “Corrupt practice” means the offering, promising, giving, receiving, or

soliciting, directly or indirectly, of anything of value which he is not legally
entitled to, to influence the action of a public official in the selection process
or in contract execution.

(b) Fraudulent practice” means a willful misrepresentation or omission of facts or

submission of fake/forged Documents in order to influence a selection process
or the execution of a contract.

(c) Collusive practices” means a scheme or arrangement whether formal or

informal, between two or more /Bidder(s) with or without the knowledge of
Authority, designed to establish prices at artificial, non-competitive levels,
submission or non-submission of Bids.

(d) “Coercive practices” means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in a
procurement process or affect the execution of a contract.

ii. Will reject a bid for award if it determines that the Bidder(s) recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive
practices in competing for the contract in question; and

iii. Will sanction the Bidder(s), including declaring the Bidder(s) ineligible, either
indefinitely or for a stated period of time, for award of a contract if at any time
determines that the Bidder(s) has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for, or in executing a contract.

2.16.2. The Bidder(s) should be aware of the provisions on fraud and corruption stated in the specific
clauses in the Conditions of Contract.

2.17. Intellectual Property

2.17.1. The Bidder warrants that in providing the Services it shall not infringe copyright, patent,
confidential information or any other intellectual property right of any third party and
indemnifies the Authority against any claim made against it arising from any infringement of
any intellectual property right belonging to any third party. In the event, the PROJECT
SUPERVISION SERVICES AGENCY relies on or make use of any intellectual property
right belonging to a third party, the PROJECT SUPERVISION SERVICES AGENCY would
be solely responsible to negotiate and pay the royalty to the third party and no such
expenditure would be payable by the Authority. [Development plans, building plans and
drawings] prepared/reviewed by the Bidder shall be property of Authority/Railway and
Authority/Indian Railways shall be at liberty to use it freely at any place without paying any
royalty.

2.17.2. The copyright including the database rights in all the works produced during the course of or
in consequence of providing the Services shall belong to the Authority absolutely. Authority
will be the owner of the copyright in the works produced during the course of providing

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 Request for Proposal

service. Authority has the right to use the same anywhere else, without paying extra
compensation to the PROJECT SUPERVISION SERVICESAGENCY.

2.18. Confidentiality

2.18.1. Information relating to evaluation of bids and recommendations concerning awards shall not
be disclosed to the Bidder(s) who submitted the bid or to other persons not officially
concerned with the process, until the publication of the award of Contract. The undue use by
any Bidder of confidential information related to the process may result in the rejection of its
bid and may be debarred from participating in future tenders for the period of two year.

2.19. Foreign Companies

Global tender enquiry shall not be invited for Tenders value up to Rs 200 Crore as per Letter
No. F.12/17/2019-PPD dated 28.05.2020 issued by Ministry of Finance, Govt of India
including Letter No. F. 04.1.2021-PPD Government of lndia, Ministry of Finance,
Department of Expenditure, Letter Dated the 03rd August 2021. 4 Foreign companies
registered in India under Companies Act and having offices in India shall be allowed to bid.

2.20. Evaluation of Bids

2.20.1. Authority shall open the Bids at date and time as provided in Key Information Table.

2.20.2. Prior to evaluation of Bids, Authority will determine whether each Bid is responsive to the
requirements of the RFP. Authority may, in its sole discretion, reject any Bid that is not
responsive hereunder. A Bid shall be considered responsive only if:

i. the Technical Bid is received in the form specified at Appendix-I;

ii. it is received by the Bid Due Date including any extension thereof pursuant to Clause
2.13;
iii. it is accompanied by the Bid Security as specified in Clause 1.2.4.
iv. it is digitally signed and marked as stipulated in this RFP;
v. it is accompanied by the Power of Attorney as specified in Clause 2.5;
vi. If applicable, the Power of Attorney for Lead Member of Consortium as per the format
at Appendix-I Technical Bid-Form-5.
vii. Joint Bidding Agreement, in case of a Consortium, substantially in the format at
Appendix I Technical Bid Form-6.
viii. it contains all the information (complete in all respects) as requested in the RFP;
ix. it does not contain any condition or qualification; and
x. it is not non-responsive in terms hereof.

2.20.3. Authority reserves the right to reject any Bid which is non-responsive and no request for
alteration, modification, substitution or withdrawal shall be entertained by Authority in
respect of such Bids.

2.20.4. Authority shall subsequently examine and evaluate Bids in accordance with the Selection
Process and the criteria set out in Section 3 of this RFP.

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4
Please refer to website under Department of Expenditure for updates if
anyhttps://www.doe.gov.in/procurement-policy-divisions?page=2

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3. Criteria for Eligibility& Evaluation

3.1. Conditions of Eligibility of Bidders

3.1.1. Bidders must read carefully the minimum conditions of eligibility (the “Conditions of
Eligibility”) provided herein.

3.1.2. To be eligible for evaluation of its Bid, the Bidder shall fulfil the following:

(A) Technical Capacity: For demonstrating technical capacity, the Bidder shall have, over
the past 5 (five) Financial Years and including the current Financial Year preceding the
Bid Due Date, completed or substantially completed one Eligible Assignment of value
equal to or more than [35% of the estimated cost of the Project Supervision Services
mentioned in item No. 2 of the KIT (clause 1.1.2)] (the “Technical Capacity”).
For evaluation, substantially completed means that the Bidder has received at least 90%
of the professional fees /agreement value towards undertaking such Eligible
Assignment.

Provided further, that in case of a Consortium, experience of the Consortium as a whole

or any of its constituent Members shall be considered

(B) Financial Capacity: The Bidder shall have received total income equal to 150 % of the
estimated cost of the Project Supervision Services mentioned in item No. 2 of the KIT
(para 1.1.2) from professional(consultancy) fees in the 3 (three) financial years
preceding the Bid Due Date. For the avoidance of doubt, professional fees refer to fees
received by the Bidder for providing consultancy and/or supervision to its clients.

In case of Consortium, the Financial Capacity of only the Lead Member will be
considered. Moreover, each members of the Consortium should have at least 25% of
the Financial Capacity for the purpose of further evaluation for the eligibility of the
Consortium.

(C) Availability and conditions of Eligibility for Key Personnel: The Bidder shall offer
and make available all Key Personnel meeting the requirements specified in Clause 10
related to Manpower Deployment under the Terms of Reference of this RFP.

If more than 25% of the Key Personnel proposed by the bidder fail to meet the
eligibility criteria, the bidder shall be considered to have failed to meet the eligibility
criteria with regard to Key Personnel. However, in case of failure up to 25% of Key
Personnel to meet eligibility criteria, zero marks will be awarded to such Key Personnel
during evaluation of technical score as per clause 3.2.2 and the bidder will have to
replace such Key Personnel with eligible Key Personnel within a period of [ three] days
from communication made by Authority in this regard. If the bidder fails to replace
such Key Personnel within the aforesaid time, Authority reserves the right to reject the

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offer of such bidder(s) and proceed for opening the Financial Bids. Failure of Team
Leader to meet the eligibility criteria as per Clause 10 related to Manpower
Deployment under the Terms of Reference of this RFP shall result in summary
rejection of the offer.

3.1.3. Eligible Assignment

For the purpose of Technical Capacity and evaluations, the Project Management Consultancy/
Services contracts shall qualify as Eligible Assignment, (the “Eligible Assignment”), if:

(a) the assignment is directly awarded to the Bidder by a Govt. Department / PSUs; or by
a Public listed company having average annual turnover of Rs 500 crore and above in
last 3 financial years excluding the current financial year, listed on National Stock
Exchange or Bombay Stock Exchange, registered at least 5 years back from the date of
submission of Bid by the Bidder to the Authority. In case of foreign assignment, work
experience for only Government bodies shall be considered.

(b) the nature of the projects for which the above Project Management Consultancy/
Services have been engaged for development and/or construction, falls under the
following categories:

(i) [Any engineering project of railway / metro /Any SPV with Ministry of
Railways / DFCCIL / multi modal transport hub / Airport / Regional Rapid
Transit System (RRTS) / High Speed Rail (HSR) / monorail; or

(ii) airport terminals (with or without related airport infrastructure works), ports,
integrated check posts, and bus terminals; or

(iii) National Highway or State Highway or Expressway or similar Highway

(iv) Commercial / Residential real estate project]

3.1.4 If for projects undertaken abroad, payments and financial figures are expressed in currencies
other than INR, then the same will be converted to equivalent INR. For conversion of their
currencies to Indian Rupees, the rate of conversion shall be as per the Reserve Bank of India
(RBI) reference rate or as per reference rate provided by the agency authorized by RBI as on
the first day of the month preceding the month of opening of Bid. In case of currencies not
indicated under the RBI reference rate or reference rate provided by the agency authorized by
RBI, the same shall be converted to US$ as per IMF reference rate as on the conversion date
and the amount so derived in US$ shall be converted into Indian Rupees as per the US$ RBI
reference rate or as per reference rate provided by the agency authorized by RBI as on the
conversion date. For currency not covered above, it shall be converted to US $ as per the
exchange rate published by Central Bank of the respective country for US$ for such currency
and then derived US$ available will be converted as per this Clause.

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NOTES:

(i) Sub-consultancy will not be considered as eligible experience.

(ii) For claiming the desired experience, Bidder shall have to submit a valid proof
acceptable to the Authority.
(iii) In case the work experience is for the work executed outside India, the Bidder(s) have
to submit the completion / experience certificate issued by the owner/ director of the
company/ government authority of availing services duly signed & stamped, and
affidavit to the correctness of the completion / experience certificates. The Bidder
shall also get the completion/experience certificate attested by the Indian Embassy /
Consulate / High Commission in the respective country. In the event of submission of
completion / experience certificate by the Bidder in a language other than English, the
English translation of the same shall be duly authenticated by Chamber of Commerce
of the respective country and attested by the Indian Embassy / Consulate / High
Commission in the respective country.

(iv) In case the Bidder claims its relevant experience from an assignment undertaken in a
JV/Consortium, receipts from its share of the fee from such assignment, as certified
by Statutory Auditor or CA as the case may be, shall be reckoned to be considered as
an Eligible Assignment.

3.1.5 The Bidder shall enclose with its Bid, certificate(s) from its Statutory Auditors $ stating its
total revenues from professional fees during each of the past three financial years and the fee
received in respect of each of the Eligible Assignments specified in the Bid. In the event that
the Bidder does not have a statutory auditor, it shall provide the requisite certificate(s) from
the firm of Chartered Accountants that ordinarily audits the annual accounts of the Bidder.
All forms verified/certified by Statutory Auditor or CA should have clear mention of UDIN
number.

3.2. Evaluation of Technical Bid

3.2.1. In the first stage, the Technical Bid will be evaluated as per clause 3.2.2. Based on the
technical evaluation, only those Bidders whose Technical Bids score is 49 or more out of 70
shall qualify for further consideration and shall be ranked from highest to the lowest on the
basis of their technical score (ST). They will be designated as T1, T2, T3, T4 and so on based
on their Technical Score (ST) from highest to lowest respectively.

3.2.2. The scoring criteria to be used for evaluation shall be as follows.5

Item Parameter Maximum Criteria

Code Marks
1. Relevant Experience of the 200 20 marks for each completed Eligible
Bidder Assignment and 16 marks for each
substantially completed Eligible
Assignment in terms of 3.1.2 (A)
undertaken by the Bidder in past 5 (Five)
financial years and including the current
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financial year preceding the Bid Due

Date, subject to maximum of 200marks.
2. Average Annual Revenue of 150 3 marks for each crore or part thereof
Bidder from professional fees subject to maximum of 150 marks.
received for providing
consultancy and/or
supervision to its clients, in
the past 3 financial years –
Form 7, Appendix 1
3. Relevant Experience of Key 70 14 mark for experience as project
Personnel -Team Leader manager/team leader in each completed
cum Project Manager (the Eligible Assignment and 10 marks for
“Team Leader”) each substantially completed Eligible
Assignment in terms of 3.1.2 (A), subject
Note: The Team Leader to maximum of 70 marks for Team
should be on the rolls of Leader
the Bidder. OR
In case of Railway/PSU employee in
terms of Clause 10 of TOR, 5 marks for
each year of work experience, subject to
maximum of 70 marks.
Relevant Experience of Key 100 15 mark for experience as project
Personnel- manager/resident engineer/domain expert
Resident Engineer in each completed Eligible Assignment
[Civil/Bridge/ Electrical/ and 12 marks for each substantially
S&T] completed Eligible Assignment in terms
of 3.1.2 (A), subject to maximum of 100
marks for Resident Engineer
OR
In case of Railway/PSU in terms of
Clause 10 of TOR, 10 marks for each
year of work experience, subject to
maximum of 100 marks.
NOTE (IMPORTANT):
1) Deployment of Key Personnel for minimum number of days on the Eligible Assignments
claimed to be necessary for consideration for evaluation here.
Minimum number of days of
deployment on cumulative basis for
SN Key Personnel
any single project claimed as Eligible
Assignment
1 Team Leader cum Project 365
Manager1
2 Resident Engineer [365]

2) The Team Leader should be on the payroll of the Bidder before Bid Due Date. All other
Key Personnel shall be directly employed/engaged with the Bidder prior to the

1
Team Leader cum Project Manager and at least one of the Key Personnel in the list shall have experience of handling
project planning and monitoring using MS Project/Prima Vera or any other equivalent software for the scheduling and
monitoring purpose in addition to the qualification n and experience prescribed for the personnel.
Appointment of PSSA Page 25 of 121
 Request for Proposal

commencement of services.
3) If same CV is proposed by two or more Bidders, zero marks shall be given to all such
Bidders for such CV of Key Personnel/Other personnel.
4) Age of any Key Personnel /other personnel proposed.
S. No Key Personnel Maximum age in years as on Bid Due Date
to be considered for evaluation should not
be more than
1 Team Leader cum Project 62 Years
Manager
2 Resident Engineer 62 Years
3 Quality Control Manager 62 Years
4 Site Engineer 55Years
5 Draftsman cum CAD 55 Years
operator cum Architect

5) Key Personnel proposed should not have any history of involvement in

vigilance/CBI/SPE/Police case resulting in major penalty punishment of
removal/dismissal/compulsory retirement or conviction. He should not have been
terminated on the ground of incompetency, indiscipline, corrupt practices etc. by the
employer.

6) Where the number of Key Personnel requirements specified is more than one under a
particular category, each Key Personnel shall be evaluated against the proportionate
number of marks specified for that category. For example, the marks for individual
Project Architect in the above table shall be 20 if requirement of two Project Managers
is specified i.e., 40 divided by 2. The total score for the category of Project Manager
shall be the sum of the individual scores of all personnel proposed as Project Managers.

7) For the purpose of this clause to claim experience and scoring the Key Personnel must
have worked on the Eligible Assignment either for Project Management
Consultancy/Services or execution of the work. In case of demonstrating the experience
though execution of work, the Key Personnel should have been deployed at project site
for at least number of days as mentioned in SN 1 above during the construction of
Eligible Assignment.

8) For the purposes of evaluation under this Clause 3.2.2 the Key Personnel mentioned
under this Clause 3.2.2 shall be considered. However, Bidder is required to submit all
details and requirements as mentioned under this RFP for all Key Personnel and other
Personnel as mentioned under Clause 10 of Terms of Reference with the formats under
the Bid Forms along with the Bid.

4. Quality of Proposed technical 180 Evaluation will be based on the quality of

approach, methodology and submission and presentation by the
work plan and interaction Bidder on proposed methodology & work
with team. plan. The Bidder shall be required to
make the 15 minutes Technical
Presentation along with its Team Leader
and proposed team to be deployed for the
PSS on due date and time (to be notified)
and will be followed by 15 minutes of
question-and-answer session

Criteria Marks
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 Request for Proposal

Proposed methodology 100

and work plan
Interaction with Team 40
Leader
Interaction with 40
Resident Engineers.
Grand Total 700
Technical Score Grand Total (as per Item Code 5 above)/10

$
No separate annual financial statements should be submitted.
5
The scoring criteria is indicative and based on the nature and size of the Project, it may be customized by the
Authority on case-to-case basis.

3.3 Shortlisting of Bidders

3.3.1. Of the Bidders ranked as aforesaid, if the number of pre-qualified Bidders is less than two,
Authority may, in its sole discretion, pre-qualify the Bidder(s) whose technical score is less
than 49 even if such Bidder(s) do(es) not qualify in terms of Clause 3.2.1; provided that in
such an event, the total number of pre-qualified and short-listed Bidders shall not exceed two.

3.4. Evaluation of Financial Bid

3.4.1. After the technical evaluation as above, the Financial Bids of top 6 (six) Bidders only with
highest technical scores (i.e., T1, T2.T3,T4,T5 and T6 only) shall be opened.

3.4.2. After the Financial Bids are opened as above, the Financial Bids will be ranked from lowest to
highest and designated as L1, L2,L3,L4,L5 and L6 respectively. (F = amount of Financial
Bid).

3.4.3. For financial evaluation the total cost indicated in the Financial Bid will be considered.

3.4.5. Each of the above six Financial Bids (i.e., L1, L2,L3,L4,L5 and L6) will be assigned a
Financial score (SF). The lowest Financial Bid (L1) will be given a financial score (SF) of 30
points. The financial scores of other Bids will be computed as follows:

SF of L1 = 30
SF of L2 = 30 x L1/L2
SF of L3 = 30 x L1/L3
SF of L4= 30 x L1/L4
SF of L5 = 30 x L1/L5
SF of L6 = 30 x L1/L6

3.5. Combined Techno-Financial Evaluation (QCBS)

3.5.1. The Combined technical (ST) and financial (SF) scores will be computed as follows:

S=ST+SF

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 Request for Proposal

Where S is the Combined Score. The Bidder scoring the highest Combined Score shall be
designated as H1.

3.6. Selection of PROJECT SUPERVISION SERVICESAGENCY

3.6.1. The Selected Bidder shall be the first ranked Bidder H1.

3.6.2. The Authority shall annul the Bidding Process in case the first ranked Bidder withdraws, or
fails to comply the requirements specified in this RFP.

3.6.3. In the event that two or more Bidder(s) obtained equal marks in overall marks obtained (S),
the Bidder(s) have higher technical score will be finally awarded the contract. However, in
case technical score is also equal then the Bidder(s) having higher financial capacity in terms
of clause 3.1.2 (B) of RPP shall be awarded the contract.

3.7. Execution of Agreement

3.7.1. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall execute the
Agreement within the days as mentioned in the KIT. The Selected Bidder shall not be entitled
to seek any deviation in the Agreement.

3.8. Commencement of PSS

3.8.1. The PROJECT SUPERVISION SERVICES AGENCY shall commence the services
at the Project Site from the date as mentioned in the LOA. The Authority at its discretion may
issue instruction to commence the services from a date later than the one mentioned in the
LOA. However, the Authority shall provide atleast [15 days] period for deployment and
commencement of services in terms of any revision of the date mentioned in the LoA. The
actual date of commencement of Services by the PROJECT SUPERVISION SERVICES
AGENCY in terms of this clause 3.8.1, shall be the effective date (the “Effective Date”) for
commencement of Services under this Agreement.

**********

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 Request for Proposal

4. Miscellaneous

4.1. The Selection Process shall be governed by, and construed in accordance with, the laws of
India and the Courts at [Delhi] shall have exclusive jurisdiction over all disputes arising
under, pursuant to and/or in connection with the Selection Process.

4.2. Authority in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to:

a) suspend and/or cancel the Selection Process and/or amend and/or supplement the
Selection Process or modify the dates or other terms and conditions relating thereto;

b) consult with any Bidder in order to receive clarification or further information;

c) retain any information and/or evidence submitted to Authority by, on behalf of and/or
in relation to any Bidder; and/or

d) Independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any Bidder.

4.3. It shall be deemed that by submitting the Bid, the Bidder agrees and releases Authority, its
employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and
all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or
arising from the exercise of any rights and/or performance of any obligations hereunder,
pursuant hereto and/or in connection herewith and waives any and all rights and/or claims it
may have in this respect, whether actual or contingent, whether present or future.

4.4. All documents and other information supplied by Authority or submitted by a Bidder shall
remain or become, as the case may be, the property of Authority. Authority will not return
any submissions made hereunder. Bidders are required to treat all such documents and
information as strictly confidential.

4.5. Authority reserves the right to make inquiries with any of the clients listed by the Bidders in
their previous experience record.

Appointment of PSSA Page 29 of 121

 Schedules

SCHEDULES

Page 30 of 121
 Schedules

Schedule 1: Form of PSS Agreement

Appointment of PSSA Page 31 of 121

 Schedule – 1: Form of Agreement

FORM OF PSS AGREEMENT

DATED

BETWEEN
ADRA
DIVISION
SOUTH EASTERN RAILWAY
(Ministry of Railways, Government of India)

AND

M/s ___________________________

FOR

PROVIDING PROJECT SUPERVISION SERVICES FOR

VARIOUS PROJECTS OF GATISHAKTI UNIT OF ADRA DIVISION

Page 32 of 121
 Schedule – 1: Form of Agreement

PSS AGREEMENT

This AGREEMENT (hereinafter called the “Agreement”) is made on the........... day of the month
of........... 20…., between, on the one hand, the President of India acting through CHIEF PROJECT
MANAGER, GATISHAKTI having its office ADRA DIVISION, SOUTH EASTERN
RAILWAY, DRM OFFICE ADRA - 723121. (Hereinafter called the “Authority” which
expression shall include their respective successors and permitted assigns, unless the context
otherwise requires) and, on the other hand, M/s ********** having their office at
……………………………… (hereinafter called the “PROJECT SUPERVISION SERVICES
AGENCY” or “PSSA” which expression shall include their respective successors and permitted
assigns).

WHEREAS

(1) The Authority under Ministry of Railways, Government of India is engaged in the
development, operation and maintenance of railway infrastructure and [has been given the
responsibility to CHIEF PROJECT MANAGER, GATISHAKTI having its office at
ADRA DIVISION, SOUTH EASTERN RAILWAY

(2) The Authority is desirous for engagement of PROJECT ENGINEER for providing PROJECT
SUPERVISION SERVICES for VARIOUS PROJECTS OF THE GATI SHAKTI
UNIT, ADRA DIVISION

(3) The Authority has issued Request for Proposal for the PSS mentioned at S.No. (2) above
(hereinafter referred to as ‘RFP’), vide Tender No. ________________. Both ‘Terms of
Reference and ‘Instructions to Bidder(s)’ form an integral part of this contract.

(4) The PROJECT SUPERVISION SERVICES AGENCY is a firm having particular skill and
expertise in the field which the Authority wishes to use and hence Authority has selected the
PROJECT SUPERVISION SERVICES AGENCY pursuant to this RFP for the purposes of
the Project and he has agreed to provide services to the Authority as per Terms of Reference
(TOR) (hereinafter referred to as “the PSS” or “the Services”).

(5) The Bidder shall provide the PSS for the ________________ mentioned at S.No. (2) above
(hereinafter referred to as “the Site”).

(6) The RFP along with Annexure to this Agreement form an integral part of the contract.

NOW THE PARTIES HEREBY AGREE: -

1. Interpretation

1.1. In this Agreement the following expressions shall have the following meanings: -

"Agreement" means this Agreement including ‘Terms of Reference’ and ‘Instructions to

Bidders’ of the Request for Proposal (RFP) for providing PROJECT SUPERVISION
SERVICES for the PROJECTS OF GATI SHAKTI UNIT, ADRA DIVISION and all amendments
and modifications thereto made in accordance with the provisions hereof or which are
incorporated herein expressly by reference.

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 Schedule – 1: Form of Agreement

“Confidential Information” includes all information supplied by the Authority to the

PROJECT SUPERVISION SERVICES AGENCY about the Project or the Authority’s affairs
or finances or which comes into the possession of the PROJECT SUPERVISION SERVICES
AGENCY during the course, or as a consequence, of it providing the Services to the
Authority.

“PROJECT SUPERVISION SERVICES AGENCY’s personnel” shall include the

PROJECT SUPERVISION SERVICES AGENCY’s employees; any person engaged to
provide services by the PROJECT SUPERVISION SERVICES AGENCY and any other
person acting on behalf of the PROJECT SUPERVISION SERVICES AGENCY.

"Force Majeure" means riots, war, exceptional weather conditions for the time and location
of the Services, or any other cause beyond the reasonable control of the affected party which
by exercise of reasonable diligence could not have been prevented or provided against, except
financial distress.

“Member”, in case the PSSA consists of a joint venture or consortium of more than one
entity, means any of these entities, and “Members” means all of these entities;

“Party” means the Authority, or the PROJECT SUPERVISION SERVICES AGENCY

referred to individually; “Parties” means Authority and the PROJECT SUPERVISION
SERVICES AGENCY collectively.

1.2. In this Agreement: -

1.2.1. A reference to any Act of Parliament or to any other legislative instrument shall also include a
reference to any consolidation, amendment or re-enactment of the Act.

1.2.2. The various headings appearing in this Agreement are only for the sake of convenience and
shall not affect the interpretation of the subject matter of various clauses of this Agreement.

2. PSSA

2.1. The Authority hereby engages the PROJECT SUPERVISION SERVICES AGENCY to
provide Project Engineers for providing PROJECT SUPERVISION SERVICES for the
PROJECTS OF GATI SHAKTI UNIT, ADRA DIVISION on the terms and conditions set out in
this Agreement.

2.2. The Services shall commence on Effective Date as per the Clause 3.8.1 and shall be completed
as per the detailed timeframe indicated in the Terms of Reference (TOR) of the ‘RFP’.

2.3. Authority of Member-in-charge

In case the PSSA consists of a consortium of more than one entity, the Parties agree that the
Lead Member shall act on behalf of the Members in exercising all the PSSA’s rights and

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 Schedule – 1: Form of Agreement

obligations towards the Authority under this Agreement, including without limitation the
receiving of instructions and payments from the Authority.

3. PROJECT SUPERVISION SERVICES AGENCY’s Services

3.1. The PROJECT SUPERVISION SERVICESAGENCY shall provide the Services with due
diligence, to the best of its ability and making full use of its skill, knowledge, experience,
expertise and in a workmanlike manner according to the highest standards acceptable in the
industry and to the reasonable satisfaction of Authority.

3.2. In providing the Services, the PROJECT SUPERVISION SERVICES AGENCY shall devote
such time and effort as may be required to ensure proper performance of project engineers
deployed as per authority’s requirements.

3.3. Time is the essence of the contract. Internal target dates/Project Milestones and other
days/duration as specified in the WORKS Agreement, should be strictly adhered to by the
PROJECT SUPERVISION SERVICES AGENCY, failing which Authority will have the
right to take action against the PROJECT SUPERVISION SERVICES AGENCY in
accordance with the contract which includes, and is not restricted to, imposition of liquidated
damages vide Clause 4 of this Agreement and termination as per Clause 6 of the Agreement.

3.4. In providing the Services the PROJECT SUPERVISION SERVICES AGENCY shall comply
with all the prevailing laws and legislation in force, both local and Central.

3.5. The PROJECT SUPERVISION SERVICES AGENCY shall, apart from providing services as
mentioned in TOR of the RFP,

a. Hold meetings with the Authority and the Contractor as often as the
Authority/Contractor reasonably requires during the period of this Agreement,

b. Liaison with the Authority and the Contractor as often and in such manner as may be
necessary to secure the satisfactory and timely completion of the Services,

c. At all times act in good faith; and

d. Report to the Authority in writing of progress as per the specified timelines.

3.6. The PROJECT SUPERVISION SERVICES AGENCY shall ensure that the Authority, and
officials of the Authority having authorisation from the Authority, are provided unrestricted
access to the office of the PROJECT SUPERVISION SERVICESAGENCY and to all
personnel during office hours. The Authority’s official, who has been authorised by the
Authority in this behalf, shall have the right to inspect the Services in progress, interact with
personnel of the PROJECT SUPERVISION SERVICES AGENCY and verify the records
relating to the Services for his satisfaction.

3.7. Accounting, inspection and auditing: The PROJECT SUPERVISION SERVICES AGENCY
shall: (a) keep accurate and systematic accounts and records in respect of the Services
provided under this Agreement, in accordance with internationally accepted accounting
principles and in such form and detail as will clearly identify all relevant time charges and
cost, and the basis thereof (including the basis of the PROJECT SUPERVISION SERVICES

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 Schedule – 1: Form of Agreement

AGENCY 's costs and charges); and (b) permit the Authority or its designated representative
periodically, and up to one year from the expiration or termination of this Agreement, to
inspect the same and make copies thereof as well as to have them audited by auditors
appointed by the Authority.

3.8. PROJECT SUPERVISION SERVICESAGENCY's actions requiring the Authority's prior

approval: The PSSA shall obtain the Authority's prior approval in writing before taking any of
the following actions:

a) appointing such members of the Key Personnel as are not listed in the Technical Bid
Appendix-I, Technical Bid Form-8

b) any other action that is specified in this Agreement

3.9. Accuracy of Documents and/or Services

The PROJECT SUPERVISION SERVICES AGENCY shall be responsible for accuracy of

the documents drafted and/ or vetted and data collected by it directly or procured from other
agencies/authorities, supervision/quality control, estimates and all other details prepared
and/or undertaken by it as part of its Services. Subject to the provisions of Clause 8.1, it shall
indemnify the Authority against any inaccuracy or deficiency in its work which might surface
during implementation of the Project, if such inaccuracy or deficiency is the result of any
negligence or inadequate due diligence on part of the PROJECT SUPERVISION SERVICES
AGENCY or arises out of its failure to conform to good industry practice. The PROJECT
SUPERVISION SERVICES AGENCY shall also be responsible for promptly correcting, at
its own cost and risk, the works, the documents including any re-survey/
investigations/supervision.

3.9.1. If the Authority is satisfied about non-performance of any obligation/provision as stipulated in

the Terms of Reference OR non-compliance of any of the provisions of the Agreement, a
deduction of Rs.25,000/- or higher but not exceeding 1% of the monthly payment for PSS to
PSSA shall be applicable for each instance of non-performance/non-compliance.

3.9.2. Notwithstanding anything contained above, the PSSA must ensure to perform/take corrective
action on the particular non-performance/non-compliance in a reasonable time frame. Failure
to take corrective action within a reasonable time frame, depending upon the importance of
the activity, may lead to termination of Agreement as decided by the Authority.

3.9.3. If more than 5 incidents occur requiring deductions as mentioned in 3.9.1 above, the
Authority may initiate action to terminate the Agreement due to unsatisfactory performance,
on the recommendations of Authority or its authorized representative .

3.9.4. In case an item of work is certified by the PSSA and paid to the Contractor and the work is
found to be defective, sub-standard or resulting in over payment to the Contractor during
subsequent checks by the Authority, or any other agency legally authorised to do so, requiring
replacement/remaining work to be undertaken as required under the payment milestones of
the WORKS Agreement/Other assigned works, the PSSA shall ensure that the same is
Appointment of PSSA Page 36 of 121
 Schedule – 1: Form of Agreement

complied without any additional cost to the Authority through accounting of payments made
to the Contractor as per the provisions of the WORKS Agreement and without any payment
for the deployment of PSSA personnel against such works towards replacement/remaining
work undertaken by Contractor. The PSSA shall also enquire as to the reasons for such failure
and submit a report on the same to the Authority indicating the remedial measures to be taken
to prevent recurrence of such incidents in future. Without limitation to any other actions or
damages as contemplated under this Agreement by the Authority, deductions in payments as
envisaged under Clause 3.9.1 shall also be applicable. Further, if it is detected that any such
act has been committed willfully, the concerned personnel of PSSA shall be removed
immediately from the project/unit and he shall be debarred to work in any assignment under
Ministry of Railways for up to 5 years. In addition, action may be taken against the PSSA for
termination of the Agreement and also initiate any action against the PSSA as per the
Applicable Laws.

3.9.5. The PSSA is responsible for ensuring safety of workers, Railway assets, Rolling stocks and
Railway users on the works being carried out by the Contractor. In case any accident happens
at work site which results in loss of life and it is found after inquiry conducted by
Authority/Railway/Commissioner of Railway Safety(CRS) that safety measures were lacking,
Authority shall impose a penalty @ Rs. 5 Lacs on the PSSA for every such incident.

3.9.6. Failure in certification of Stage, Interim or Final payment by the PSSA as envisaged under
Clause 5.6 of Terms of Reference and provisions of the WORKS Agreement, shall entitle
Authority to a deduction of Rs 25,000/- per day of delay.

3.9.7. Not withstanding anything contained above, the Authority may initiate proceedings for
declaring the PSSA as “Poor Performer/Banning of Business Dealings” for the
default(s)/failure(s) noted of the PSSA in performance of their assignment depending upon
the gravity/frequency of the default/failure.

3.10. PROJECT SUPERVISION SERVICESAGENCY 's personnel:

a) General: The PROJECT SUPERVISION SERVICES AGENCY shall employ and

provide such qualified and experienced Personnel as may be required to carry out the
Services.

b) Deployment of Personnel: The designations, names and the estimated periods of

engagement in carrying out the Services by each of the PROJECT SUPERVISION
SERVICES AGENCY 's personnel are described in this Agreement.

c) Approval of Personnel: The Key Personnel listed in the Agreement are hereby approved
by the Authority. No other Key Personnel shall be engaged without prior approval of
the Authority. If the PROJECT SUPERVISION SERVICES AGENCY hereafter
proposes to engage any person as professional personnel, it shall submit to the
Authority its proposal along with a CV of such person in the format provided in the
RFP. The Authority may approve or reject such proposal within 14 (fourteen) days of
receipt thereof in terms of the provisions of the RFP.

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 Schedule – 1: Form of Agreement

In case the proposal is rejected, the PROJECT SUPERVISION SERVICES AGENCY

may propose an alternative person for the Authority's consideration. In the event the
Authority does not reject a proposal within 14 (fourteen) days of the date of receipt
thereof, it shall be deemed to have been approved by the Authority.

3.11. Substitution of Key Personnel:

3.11.1. The Authority expects all the Key Personnel specified in the Bid to be available during
implementation of the Agreement. In case of non-commencement of services up to 180 (one
hundred and eighty) days from the Bid Due Date due to reasons attributable to Authority, the
Selected Bidder shall be permitted for replacement up to a maximum of 50% Key Personnel
with Key Personnel of equivalent or better qualifications without considering the same as
replacement/substitution and without any deduction. Apart from the above, the Authority will
not consider any substitution of Key Personnel except for reasons of any incapacity, death or
any reasons beyond the reasonable control of the PROJECT SUPERVISION
SERVICESAGENCY. Such substitution shall be subject to equally or better qualified and
experienced personnel being provided to the satisfaction of the Authority.

3.11.2. As a condition to such substitution, replacement of up to 40% of Key Personnel shall be

permitted subject to reduction of remuneration (i.e., man-month rate) equal to 5% (five per
cent) specified for that Key Personnel from the date of replacement. In case of total
replacement above 40% and up to 65%, such reduction in remuneration shall be equal to 10%
(ten per cent) and for subsequent replacement such reduction shall be equal to 15% (fifteen
per cent).

3.11.3. If the Authority finds that any of the PSSA’s personnel has committed serious misconduct or
has been charged with having committed a criminal action, or shall the Authority determine
that such personnel have engaged in corrupt, fraudulent, collusive, coercive or obstructive
practice while performing the Services, the PSSA shall, at the Authority’s written request,
provide a replacement. In the event that any of personnel is found by the Authority to be
incompetent or in capable in discharging assigned duties, as per the direction of the Authority
the PSSA shall provide equal or better replacement.

3.12. Working hours, overtime, leave, etc. The personnel shall not be entitled to be paid for
overtime nor to take paid sick leave or vacation leave except as specified in the Agreement,
and the PROJECT SUPERVISION SERVICES AGENCY 's remuneration shall be deemed to
cover these items. All leave to be allowed to the personnel is excluded from the man days of
service set forth in Appendix-II, Financial Bid Form-1 or subsequently as per the approved
deployment schedule of Key Personnel. Any taking of leave by any personnel for a period
exceeding 3 (three) days shall be subject to the prior approval of the Authority, and the PSSA
shall ensure that any absence on leave will not delay the progress and quality of the Services.
The person designated as the Team Leader of the PROJECT SUPERVISION SERVICES
AGENCY 's Personnel shall be responsible for the coordinated, timely and efficient

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 Schedule – 1: Form of Agreement

functioning of all the personnel. He shall be responsible for day-to-day performance of the
Services. The personnel for site supervision shall be deployed as per the requirements of the
Contractor’s works to be

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 Schedule – 1: Form of Agreement

supervised. The PSSA shall work as per the work program of the WORKS Contractor. In this
context in case the work plan of the PSSA needs suitable modifications, the same shall be
carried out and submitted to the Authority for consideration. The PSSA hours of work
normally shall match with that of Contractor’s activities on the site. No extra remuneration
shall be claimed or paid for extra hours of work required in the interest of Project completion.

4. Delays in providing the Services by the PROJECT SUPERVISION

SERVICESAGENCY (PSSA) and Extension of Time

4.1. The PROJECT SUPERVISION SERVICESAGENCY (PSSA) has submitted a Performance

Security to Authority for a sum equivalent to 5% (five percent) of the Cost of the PSS
amounting to Rs.______/- (Rupees ___________________ only) in the form of Bank
Guarantee/ TDR/ Demand Draft/ Bankers’ Cheque or Pay Order in favour of
“************__________” ,drawn on any nationalized or scheduled commercial bank and
payable at ********.

4.2. The said Performance Security will be kept valid for duration as mentioned in the KIT.
Thereafter as required by the Authority, the same shall be kept valid for three months or for
such period, as may be decided by Authority, over and above the scheduled period of
completion of work. The Performance Security would however be forfeited in case of any
event of Default leading to termination of contract as described in the Agreement.

4.3. Delays: Any delay by the PROJECT SUPERVISION SERVICES AGENCY in the
commencement or delay in performance of its contractual obligations shall render the
PROJECT SUPERVISION SERVICES AGENCY liable to any or all of the following:

a) Imposition of Liquidated damages (L.D.) @ 0.5% of the Agreement Value per week,
subject to maximum of 5% of the Agreement Value. This may also include forfeiture of
Performance Security.
b) Non-submission of final report by due date (unless the same is due to Authority’s
administrative delays) may also attract levy of L.D.
c) Termination of the contract, in terms of Clause 6 below.

4.4. Extension of Time: Any delay/ non-performance arising out of / caused by reasons not
attributable to and not under control of the PROJECT SUPERVISION SERVICESAGENCY,
shall not attract the sanctions mentioned in Clause 4.3 above. If at any time during
performance of the Contract, the PROJECT SUPERVISION SERVICES AGENCY
encounters such conditions impeding timely completion of the work under the Contract and
performance of services, it shall immediately notify Authority in writing of the fact of the
delay, its likely duration and its causes. As soon as practicable, after receipt of the PROJECT
SUPERVISION SERVICESAGENCY’s notice, Authority shall evaluate the situation and may
at its discretion (which shall not be unjust/unreasonable) extend the PROJECT
SUPERVISION SERVICESAGENCY’s time for performance, in which case the extension
shall be ratified by the parties by amendment of the Contract.

.
7 Please retain as per govt. guidelines
Page 40 of 121
 Schedule – 1: Form of Agreement

4.5. Agreement Value:

4.5.1. Except as may be otherwise agreed under Clause 4.8 and subject to Clause 4.5.2 and 4.6, the
payments under this Agreement shall not exceed the value including any reimbursable
expenses8, if any, and specified herein (the "Agreement Value"). The Parties agree that the
Agreement Value is Rs. ………. (Rupees. …………………….).

4.5.2. Notwithstanding anything to the contrary contained in Clause 4.5.1, if pursuant to the
provisions of Clauses 4.8, the Parties agree that additional payments shall be made to the
PSSA in order to cover any additional expenditures not envisaged in the cost estimates
referred to in Clause4.5.1 above, the Agreement Value set forth in Clause 4.5.1 above shall be
increased by the amount or amounts, as the case may be, of any such additional payments.

4.6. Variation: Any extra work carried out or deployment by the PROJECT SUPERVISION
SERVICES AGENCYon the instructions of Authority which is not included in the scope or
deployment of PSSA shall be executed as per man days rates agreed upon between Authority
and the PROJECT SUPERVISION SERVICES AGENCY in terms of Clause 10.3 of Terms
of Reference, before execution of such services. For avoidance of doubt, it is clarified that for
any extra work or deployment (including additional services due to extension of time), the
payments shall be made as per the rates or provisions available in this Agreement, however,
wherever such rates or provisions are not available the same shall be mutually agreed before
execution of such services.

4.7. Payment to the PROJECT SUPERVISION SERVICESAGENCY

Payment to the PSSA for the Services shall be made in terms of Clause 11 of Terms of
Reference. It may be further noted that the remuneration rates against the deployment of Key
Personnel shall be adjusted as per the following provisions related to the price adjustment, the
“Price Adjustment”. The amounts payable to the PSSA at the accepted remuneration rates as
per Agreement shall be adjusted by the formulae prescribed in this clause.

8
Reimbursable expenses to be included only if the reimbursement of expenses is also envisaged against the
estimate of costs in the Financial Bid

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4.7.1. Adjustment Formulae: Remuneration rates for the first 12 months from the date of
commencement of services shall remain the same as accepted by the Authority and indicated
in the Agreement. From the beginning of 13th month from the date of commencement of
services, remuneration rates shall be adjusted as per the formula given below for every 12
months.

i. When adjustment due date falls before original date of completion of services
Il
R l = R lo x [ 0.1 + 0.9 ]
I lo

ii. When adjustment due date falls in extension period for which extension is sanctioned
for reasons not attributable to the PSSA

Il
Rl = Rlo x
Ilo
Where,
Rl is the adjusted remuneration,
Rlois the remuneration payable on the basis of the rates set forth in accepted rates of
remuneration of Key Personnel,
Il is the all India Consumer Price Index for Industrial Workers as published by RBI
(Reserve Bank of India) Bulletin for the month on the day 28 days prior to the date of
completion of every 12 months from date of commencement of services and,Ilo is the
all India Consumer Price Index for Industrial Workers as published by RBI (Reserve
Bank of India) Bulletin for the month on the day 28 days prior to the closing date of
submission of proposals.

iii. In addition to the above, in case any personnel is continuing for more than 12 months
from date of his/her deployment then the PSSA shall be entitled for increase in monthly
remuneration rate @ 3% of the accepted monthly remuneration rate of such personnel,
on completion of every 12 months.

In case new category of Key Personnel is required to be deployed (not provided in the
Agreement), the base rate would be fixed as per Clause 10.3 similar personnel or with
mutual consent of both parties in case of not similar personnel and adjustment as above
shall be applicable after 12 months from the initial deployment of such category.

4.7.2. Price Adjustment shall not be applicable during the extension period for which extension is
sanctioned for reasons attributable to the PSSA.

4.8. Modification of Agreement

Modification of the terms and conditions of this Agreement, including any modification of the
scope of the Services, may only be made by written agreement between the Parties. Pursuant
to Clauses 4.5.2 and 5 hereof, however, each Party shall give due consideration to any
proposals for modification made by the other Party.

5. Force Majeure
5.1. The PROJECT SUPERVISION SERVICES AGENCY shall not be liable for forfeiture of its
Performance Security, liquidated damages or termination for default, to the extent that, delay

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in performance or other failure to perform its obligations under the Contract is the result of an
event of Force Majeure.

5.2. If a Force Majeure situation arises, either party shall promptly notify the other party in writing
of such conditions and the cause thereof. Unless otherwise directed by the Authority in
writing, the PROJECT SUPERVISION SERVICES AGENCY shall continue to perform its
obligations under the Contract as far as is reasonably practical and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure event.

5.3. However, Authority may terminate this Agreement by giving a written notice of minimum 7
days to the PROJECT SUPERVISION SERVICESAGENCY, if as a result of Force Majeure,
the PROJECT SUPERVISION SERVICES AGENCY is unable to perform a material portion
of the services for a period of more than 30 days. Material portion of the services for the
purposes of this clause is defined in terms of deliverable and time frames mentioned in
‘Terms of Reference’ of the RFP. Termination pursuant to this Clause will not prejudice any
pre-existing claims which either party may have against the other party.

6. Termination

6.1. Without prejudice to the succeeding provision of this clause, the Agreement shall stand
terminated after the PROJECT SUPERVISION SERVICES AGENCY has rendered all the
services to the satisfaction of the Authority and the same are accepted by Authority.

6.2. The Authority may, by giving notice in writing, immediately terminate this Agreement if the
PROJECT SUPERVISION SERVICESAGENCY or any of the PROJECT SUPERVISION
SERVICESAGENCY’s personnel:

6.2.1. Breaches any of the terms of this Agreement which, in case of a breach capable of being
remedied, is not remedied by the PROJECT SUPERVISION SERVICES AGENCY within
ten days of receipt of a notice from Authority specifying the breach and requiring its remedy.

6.2.2. Having remedied the breach referred to in sub-paragraph 6.2.1 further breaches the terms of
the Agreement on two or more occasions.

6.2.3. Is incompetent, guilty of gross misconduct or any serious or persistent negligence or serious
or persistent default in the provision of the Services, including (but not limited to) the
disclosure to any person not authorized by Authority of any Confidential Information.

6.2.4. Commits any offence under the Prevention of Corruption Act 1988.

6.2.5. Fails or refuses to provide the Services required pursuant to the provision of this Agreement
after written warning.

6.2.6. Is guilty of delay in commencement of services or delay in performance of its contractual

obligations.

6.3. Authority may also terminate this Agreement in terms of Clause 5.3.

6.4. If in the opinion of the Authority, PROJECT SUPERVISION SERVICES AGENCY becomes
or is in jeopardy of becoming insolvent or bankrupt, or has a receiving order made against it,
or compounds with its creditors, or any of them Authority shall be entitled to terminate this

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Agreement by notice to the PROJECT SUPERVISION SERVICESAGENCY. The PROJECT

SUPERVISION SERVICES AGENCY shall immediately notify Authority should it be in
jeopardy of becoming insolvent, bankrupt or has a receiving order made against it or enters
into a composition with its creditors or any third party.

6.5. Any act on the part of the parties after termination of this Agreement by way of
communication, correspondence etc., shall not be construed as an extension or revival of
validity of this Agreement. In the event of early termination of this Agreement for any reason,
the liability of the Parties shall be restricted to the amounts that have become payable to the
Parties till the date of termination of the Agreement.

6.6. Authority also reserves the right to short close the Agreement any time. No compensation
shall be payable beyond the services payable as per Payment Schedule.

6.7. By the PROJECT SUPERVISION SERVICESAGENCY

6.7.1. The PSSA may, by not less than 30 (thirty) days’ written notice to the Authority, such notice
to be given after the occurrence of any of the events specified in this clause, terminate this
Agreement if:
a) the Authority fails to pay any money due to the PSSA pursuant to this Agreement and
not subject to dispute within 60 (sixty) days after receiving written notice from the
PSSA that such payment is overdue; or
b) as the result of Force Majeure, the PSSA is unable to perform a material portion of the
Services for a period of not less than 60 (sixty) days;

7. Amendment/Waiver

No amendment, modification or waiver of any provision of this Agreement shall in any event
be effective unless the same has been made in writing and signed by a duly authorized officer
of each of the parties and approved in writing by other and any waiver or consent shall be
effective only in the specific instance and for the specified purpose for which it is given.

8. Liability of Bidder to the Client and Insurance

8.1. The PROJECT SUPERVISION SERVICESAGENCY’s liability under this Agreement shall be
determined by the Applicable Laws and the provisions hereof. The PSSA shall, subject to the
limitation specified in this Clause 8.1, be liable to the Authority for any direct loss or damage
accrued or likely to accrue due to deficiency in Services rendered by it. Except in case of
negligence or wilful misconduct on the part of the PROJECT SUPERVISION SERVICES
AGENCY or on the part of any person acting on behalf of the PROJECT SUPERVISION
SERVICES AGENCY in carrying out the Services, the PROJECT SUPERVISION
SERVICESAGENCY, with respect to damage caused by the PROJECT SUPERVISION
SERVICES AGENCY to the Authority’s property, shall not be liable to the Authority: For
any indirect or consequential loss or damage; and for any direct loss or damage that exceeds
(A) the total payments for Professional Fees and Reimbursable Expenditure made or expected
to be made to the PROJECT SUPERVISION SERVICES AGENCY hereunder, or (B) the
proceeds the PROJECT SUPERVISION SERVICES AGENCY may be entitled to receive

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from any insurance maintained by the PROJECT SUPERVISION SERVICES AGENCY to

cover such a liability, whichever of (A) or (B) is higher.

This limitation of liability specified in this Clause 8.1 shall not affect the PSSA’s liability, if
any, for damage to Third Parties caused by the PROJECT SUPERVISION SERVICES
AGENCY or any person or firm acting on behalf of the PROJECT SUPERVISION
SERVICES AGENCY in carrying out the Services subject, however, to a limit equal to 3
(three) times the Agreement Value.

8.2. Insurance to be taken out by the PSSA

a) The PSSA shall, for the duration of this Agreement, take out and maintain, at its own
cost, but on terms and conditions approved by the Authority, insurance against the
risks, and for the coverages, as shall be specified in the Agreement and in accordance
with good industry practice.

b) Within 15 (fifteen) days of receiving any insurance policy certificate in respect of

insurances required to be obtained and maintained under this clause, the PSSA shall
furnish to Authority, copies of such policy certificates, copies of the insurance policies
and evidence that the insurance premia have been paid in respect of such insurance. No
insurance shall be cancelled, modified or allowed to expire or lapse during the term of
this Agreement.

c) If the PROJECT SUPERVISION SERVICES AGENCY fails to effect and keep in

force the aforesaid insurances for which it is responsible pursuant hereto, Authority
shall, apart from having other recourse available under this Agreement, have the option,
without prejudice to the obligations of the PROJECT SUPERVISION
SERVICESAGENCY, to take out the aforesaid insurance, to keep in force any such
insurances, and pay such premia and recover the costs thereof from the PROJECT
SUPERVISION SERVICESAGENCY, and the PROJECT SUPERVISION SERVICES
AGENCY shall be liable to pay such amounts on demand by the Authority.

d) Except in case of Third-Party liabilities, the insurance policies so procured shall

mention the Authority as the beneficiary of the PROJECT SUPERVISION SERVICES
AGENCY and the PROJECT SUPERVISION SERVICES AGENCY shall procure an
undertaking from the insurance company in this regard.

8.3. The Parties agree that the risks and coverages shall include but not be limited to the
following:

a) Third Party liability insurance as required under Applicable Laws.

b) Third Party motor vehicle liability insurance as required under Motor Vehicle Act,
1988, in respect of motor vehicles operated in India by the PSSA or their personnel, for
the period of Consultancy.

c) Third Party liability insurance with a minimum coverage of Rs. 50 Lakhs for the period
of this Agreement

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d) The indemnity limit in terms of “Any One Accident” (AOA) and “Aggregate limit on
the policy period” (AOP) should not be less than the amount as per this Agreement. In
case of consortium, the policy should be in the name of Lead Member and not in the
name of individual Members of the consortium. The PROJECT SUPERVISION
SERVICES AGENCY may submit the copy of the Global Indemnity Insurance with
endorsement copy which certifies that this consultancy work has been included in the
Global Indemnity Insurance.

e) Employer’s liability and workers’ compensation insurance in respect of the personnel

of the PROJECT SUPERVISION SERVICESAGENCY, in accordance with the relevant
provisions of the Applicable Law, as well as, with respect to such personnel, any such
life, health, accident, travel or other insurance as may be appropriate; and all insurances
and policies should start no later than the Effective Date and remain effective as per
relevant requirements of the Agreement.

9. Confidential Information

9.1. The PROJECT SUPERVISION SERVICES AGENCY agrees to treat all confidential
information of Authority as secret and confidential at all times.

9.2. The PROJECT SUPERVISION SERVICES AGENCY shall not, save for in situations falling
under Clause 9.3 below, at any time, for any reason, disclose or permit to be disclosed to any
person any Confidential information and the PROJECT SUPERVISION SERVICES
AGENCY shall not otherwise make use of or permit any use to be made of any Confidential
information by any person. The PROJECT SUPERVISION SERVICES AGENCY agrees
that the confidential information will not be disclosed by it or its personnel to third parties
either during or after the termination of this Agreement. The provisions of this Clause shall
survive the termination of this Agreement.

9.3. Without prejudice to Clauses 9.1 and 9.2 the PROJECT SUPERVISION SERVICES
AGENCY may disclose confidential information to only those of its personnel who need to
know it in order to provide the Service. However, in doing so the PROJECT SUPERVISION
SERVICES AGENCY shall at all times ensure that its personnel involved in providing the
Service, or who otherwise come across Confidential information in the course of their duties
are made aware of the confidential nature of information and do not disclose it or otherwise
breach the provisions of this section.

9.4. In the event any confidential information is disclosed by the PROJECT SUPERVISION
SERVICES AGENCY or any of its personnel, Authority will have the right to take action
against the PROJECT SUPERVISION SERVICES AGENCY under the law as it may be
advised for unauthorized disclosure of confidential information, notwithstanding any
Agreement between the PROJECT SUPERVISION SERVICES AGENCY and its personnel.

9.5. On termination of this Agreement (however such termination may arise) the PROJECT
SUPERVISION SERVICES AGENCY shall deliver to the Authority all working papers,
computer disks and tapes or other material and copies provided to the PROJECT

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SUPERVISION SERVICES AGENCY by Authority pursuant either to this Agreement or to

any previous obligation owed to the Authority regarding the Project.

10. Disputes

10.1. Any disputes which may arise as to the terms of this contract will be dealt with in accordance
with the provision of Clause 10.

10.2. If any dispute arises between the parties in relation to this contract, then either party may
request the other to participate in a meeting of their respective senior officials or any other
authorized officer/representative, in order to discuss the dispute and to agree to a strategy to
resolve it. The Parties shall then liaise in good faith to arrange and implement the meeting
within ten (10) working days and shall exchange statements at least three (3) clear working
days prior to the date of the meeting, setting out their respective views of the issues, which
are in dispute.

10.3. If notwithstanding any steps taken by the parties pursuant to paragraph 10.2, the dispute
between them remains unresolved within one (1) month of the date on which the dispute
arose, then the matter shall be resolved through conciliation process as per the Settlement of
Disputes – Indian Railway Arbitration and Conciliation Rules provided under the Indian
Railways Standard General Conditions of Contract 2022 (GCC April 2022) issued by
Engineering Directorate, including any correction slips as updated from time to time.All
disputes and differences of any kind whatsoever arising out of or in connection with the
contract, whether during the progress of the work or after its completion and whether before
or after the determination of the contract, shall be referred by the PROJECT SUPERVISION
SERVICES AGENCY to the ["Chief Engineer" or "Divisional Railway Manager"] 9 through
“Notice of Dispute” provided that no such notice shall be served later than 30 days after the
date of issue of Completion Certificate by the Authority. Chief Engineer or Divisional
Railway Manager shall, within 30 days after receipt of the PROJECT SUPERVISION
SERVICESAGENCY’s “Notice of Dispute”, notify the name of conciliator(s) to the
PROJECT SUPERVISION SERVICESAGENCY. The Conciliator(s) shall assist the parties to
reach an amicable settlement in an independent and impartial manner within the terms of
contract. If the parties reach agreement on a settlement of the dispute, they shall draw up and
sign a written settlement agreement duly signed by the Authority representative, PROJECT
SUPERVISION SERVICES AGENCY and conciliator(s).When the parties sign the
settlement agreement, it shall be final and binding on the parties. The parties shall not initiate,
during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute
that is the subject matter of the conciliation proceedings. The conciliation proceedings shall
be terminated as per Section 76 of ‘The Arbitration and Conciliation Act, 1996.

10.4. Matters Finally Determined by the Authority: All disputes and differences of any kind
whatsoever arising out of or in connection with the contract, whether during the progress of
the work or after its completion and whether before or after the determination of the contract,
shall be referred by the PROJECT SUPERVISION SERVICES AGENCY to the General
Manager (GM) and the GM shall, within 120 days after receipt of the PROJECT
SUPERVISION SERVICESAGENCY’s representation, make and notify

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9
DRM/Chief Engineer or Functional Head as approved by competent authority issuing the
RFP decisions on all matters referred to by the PROJECT SUPERVISION SERVICES
AGENCY in writing provided that matters for which provision has been made as referred
below in Clauses 10.4 (i) to 10.4 (xiv) of this Agreement or in any Clause (stated as excepted
matter) of the Special Conditions of the Agreement, shall be deemed as ‘excepted matters’
(matters not arbitrable) and decisions of the Railway authority, thereon shall be final and
binding on the PROJECT SUPERVISION SERVICESAGENCY; provided further that
‘excepted matters’ shall stand specifically excluded from the purview of the Arbitration
Clause:

i. In case Authority is of the view that PROJECT SUPERVISION SERVICESAGENCY’s

personnel performance is not satisfactory, he may instruct the PROJECT
SUPERVISION SERVICES AGENCY to remove the personnel from the work and the
PROJECT SUPERVISION SERVICES AGENCY has to comply with the above
instructions with due promptness. PROJECT SUPERVISION SERVICES AGENCY
shall intimate the actual date of discontinuation of its personnel to the Authority. No
claim of PROJECT SUPERVISION SERVICES AGENCY whatsoever on this account
shall be entertained by the Authority and this shall be deemed as ‘excepted matter’
(matter not abatable).

ii. Illegal Gratification: Any bribe, commission, gift or advantage given, promised or
offered by or on behalf of the PROJECT SUPERVISION SERVICES AGENCY or his
partner or agent or servant or anyone on his behalf, to any officer or employee of the
Authority or to any person on his behalf in relation to obtaining or execution of this or
any other contract with the Authority shall, in addition to any criminal liability which
he may incur, subject PROJECT SUPERVISION SERVICES AGENCY to the
rescission of the contract and all other contracts with the Authority and to the payment
of any loss or damage resulting from such decision and the Authority shall be entitled
to deduct the amounts so payable from the PROJECT SUPERVISION
SERVICESAGENCY’s bills/Security Deposit or any other dues of the PROJECT
SUPERVISION SERVICES AGENCY with the Government of India.
iii. The PROJECT SUPERVISION SERVICES AGENCY shall not lend or borrow from
or have or enter into any monitory dealings or transactions either directly or indirectly
with any employee of the Authority and if he shall do so, the Authority shall be entitled
forthwith to rescind the contract and all other contracts with the Authority. Any
question or dispute as to the commission of any such offence or compensation payable
to the Authority under this Clause shall be settled by the General Manager of the
Railway, in such a manner as he shall consider fit &sufficient, and his decision shall be
final & conclusive. In the event of rescission of the agreement under this Clause, the
PROJECT SUPERVISION SERVICES AGENCY will not be paid any compensation
whatsoever except payments for the work done upto the date of rescission.

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iv. Meaning and Intent of Specification and Drawings: If any ambiguity arises as to the
meaning and intent of any portion of the Specifications and Drawings or as to execution
or quality of any work or material, or as to the measurements of the works the decision
of the Authority thereon shall be final subject to the appeal (within 7 days of such
decision being intimated to the PROJECT SUPERVISION SERVICESAGENCY) to the
Chief Project Manager (CPM) who shall have the power to correct any errors,
omissions, or discrepancies in aforementioned items and whose decision in the matter
in dispute or doubt shall be final and conclusive.

v. Rates for Extra Items of Works: Any item of work carried out by the PROJECT
SUPERVISION SERVICES AGENCY on the instructions of the Authority which is
not included in the accepted rates shall be executed as per the provisions of the
Agreement. Provided that if the PROJECT SUPERVISION SERVICES AGENCY
commences work or incurs any expenditure in regard thereto before the rates as
determined and agreed upon as lastly here unto fore-mentioned, then and in such a case
the PROJECT SUPERVISION SERVICES AGENCY shall only be entitled to be paid
in respect of the work carried out or expenditure incurred by him prior to the date of
determination of the rates as aforesaid according to the rates as shall be fixed by the
Authority representative. However, if the PROJECT SUPERVISION SERVICES
AGENCY is not satisfied with the decision of the Authority representative in this
respect, he may appeal to the Chief Engineer within 30 days of getting the decision of
the Authority representative, supported by analysis of the rates claimed. The Chief
Engineer's decision after hearing both the parties in the matter would be final and
binding on the PROJECT SUPERVISION SERVICES AGENCY and the Authority.

vi. Signing of "No Claim" Certificate: The PROJECT SUPERVISION SERVICES

AGENCY shall not be entitled to make any claim whatsoever against the Authority
under or by virtue of or arising out of this contract, nor shall the Railway entertain or
consider any such claim, if made by the PROJECT SUPERVISION
SERVICESAGENCY, after he shall have signed a "No Claim" Certificate in favour of
the Authority in such form as shall be required by the Railway after the works are
finally measured up. The PROJECT SUPERVISION SERVICES AGENCY shall be
debarred from disputing the correctness of the items covered by "No Claim" Certificate
or demanding a clearance to arbitration in respect thereof.

vii. It shall be open to the PROJECT SUPERVISION SERVICES AGENCY to take

specific objection to any recorded measurements or Classification on any ground within
seven days of the date of such measurements. Any remeasurement taken by the
Authority or the Authority's representative in the presence of the PROJECT
SUPERVISION SERVICES AGENCY or in his absence after due notice has been
given to him in consequence of objection made by the PROJECT SUPERVISION

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SERVICES AGENCY shall be final and binding on the PROJECT SUPERVISION

SERVICES AGENCY and no claim whatsoever shall thereafter be entertained
regarding the accuracy and Classification of the measurements.

viii. Provisions of Payments of Wages Act: The PROJECT SUPERVISION SERVICES

AGENCY shall comply with the provisions of the Payment of Wages Act, 1936 and the
rules made there under in respect of all employees employed by him. If in compliance
with the terms of the contract, the PROJECT SUPERVISION SERVICES AGENCY
supply any personnel to be used wholly or partly under the direct orders and control of
the Authority whether in connection with the works to be executed hereunder or
otherwise for the purpose of the Authority, such personnel shall nevertheless be deemed
to comprise persons employed by the PROJECT SUPERVISION SERVICES
AGENCY and any moneys which may be ordered to be paid by the Authority shall be
deemed to be moneys payable by the Authority on behalf of the PROJECT
SUPERVISION SERVICES AGENCY and the Authority may on failure of the
PROJECT SUPERVISION SERVICES AGENCY to repay such money to the
Authority deduct the same from any moneys due to the PROJECT SUPERVISION
SERVICES AGENCY in terms of the contract. The Authority shall be entitled to
recover the same from PROJECT SUPERVISION SERVICESAGENCY’s bills/Security
Deposit or any other dues of PROJECT SUPERVISION SERVICES AGENCY with
the Government of India all moneys paid or payable by the Authority by way of
compensation of aforesaid or for costs of expenses in connection with any claim thereto
and the decision of the Authority upon any question arising out of the effect or force of
this Clause shall be final and binding upon the PROJECT SUPERVISION SERVICES
AGENCY.

ix. In every case in which, by virtue of the provisions of the Contract Labour (Regulation
and Abolition) Act, 1970 or the rules, the Authority is obliged to pay any amount of
wages to a workman employed by the PROJECT SUPERVISION SERVICES
AGENCY or his personnel in execution of the work or to incur any expenditure on
account of the contingent, liability of the Authority due to the PROJECT
SUPERVISION SERVICES AGENCY's failure to fulfill his statutory obligations
under the aforesaid Act or the rules, the Authority will recover from the PROJECT
SUPERVISION SERVICES AGENCY, the amount of wages so paid or the amount of
expenditure so incurred and without prejudice to the rights of the Authority under the
Section 20, Sub-Section (2) and Section 2, Sub-Section (4) of the aforesaid Act, the
Railway shall be at liberty to recover such amount or part thereof from PROJECT
SUPERVISION SERVICES AGENCY’s bills/Security Deposit or any other dues of
PROJECT SUPERVISION SERVICES AGENCY with the Government of India. The
Railway shall not be bound to contest any claim made against it under Sub-Section (1)
of Section 20 and Sub-Section (4) of Section 21 of the aforesaid Act except on the

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written request of the PROJECT SUPERVISION SERVICES AGENCY and upon his
giving to the Authority full security for all costs for which the Railway might become
liable in contesting such claim. The decision of the Chief Engineer regarding the
amount actually recoverable from the PROJECT SUPERVISION SERVICES
AGENCY as stated above shall be final and binding on the PROJECT SUPERVISION
SERVICES AGENCY.

x. Provision of Workmen’s Compensation Act: In every case in which by virtue of the

provisions of Section 12 Sub-Section (1) of the Workmen's Compensation Act 1923,
Authority is obliged to pay compensation to a workman directly or through personnel
employed by the PROJECT SUPERVISION SERVICES AGENCY in executing the
work, Railway will recover from the PROJECT SUPERVISION SERVICES AGENCY
the amount of the compensation so paid, and, without prejudice to the rights of
Authority under Section 12 Sub-section (2) of the said Act, Authority shall be at liberty
to recover such amount or any part thereof from PROJECT SUPERVISION
SERVICES AGENCY’s bills/Security Deposit or any other dues of the PROJECT
SUPERVISION SERVICES AGENCY with the Government of India. Authority shall
not be bound to contest any claim made against it under Section 12 Sub-Section (1) of
the said Act except on the written request of the PROJECT SUPERVISION
SERVICES AGENCY and upon his giving to Authority full security for all costs for
which Authority might become liable in consequence of contesting such claim.

xi. Provision of Mines Act: The PROJECT SUPERVISION SERVICES AGENCY shall
observe and perform all the provisions of the Mines Act, 1952 or any statutory
modifications or re-enactment thereof for the time being in force and any rules and
regulations made thereunder in respect of all the persons directly or through the
personnel employed by him under this contract and shall indemnify the Authority from
and against any claims under the Mines Act, or the rules and regulations framed
thereunder, by or on behalf of any persons employed by him or otherwise

xii. Right of Authority to Determine the Contract: The Authority shall be entitled to
determine and terminate the contract at any time should, in the Authority's opinion, the
cessation of work becomes necessary owing to paucity of funds or from any other cause
whatever, in which case the value of approved materials at site and of work done to
date by the PROJECT SUPERVISION SERVICES AGENCY will be paid for in full at
the rate specified in the contract. Notice in writing from the Authority of such
determination and the reasons therefor shall be conclusive evidence thereof.

xiii. Payment on Determination of Contract: Should the contract be determined under sub
clause above, and the PROJECT SUPERVISION SERVICES AGENCY claims
payment for expenditure incurred by him in the expectation of completing the whole of
the work, the Authority shall admit and consider such claims as are deemed reasonable

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and are supported by vouchers to the satisfaction of the Authority. The Authority's
decision on the necessity and propriety of such expenditure shall be final and
conclusive.

xiv. Determination of Contract owing to Default of PROJECT SUPERVISION SERVICES

AGENCY.

10.5. Arbitration: If notwithstanding any steps taken by the parties pursuant to Clause 10.3 the
dispute remains unresolved within the time period, then the dispute shall be subject to
arbitration process as per the Settlement of Disputes – Indian Railway Arbitration and
Conciliation Rules provided under the [Indian Railways Standard General Conditions of
Contract 2022 (GCC April 2022) issued by Engineering Department] 10, including any
correction slips as updated from time to time.

10.5.1. Demand for Arbitration:

(i) In the event of any dispute or difference between the parties hereto as to the operation
of this contract, or the respective rights and liabilities of the parties on any matter in
question, dispute or difference on any account or as to the withholding by the Authority
of any certificate to which the PROJECT SUPERVISION SERVICES AGENCY may
claim to be entitled to, or if the Authority fails to make a decision within 120 days, then
and in any such case, but except in any of the “excepted matters” referred to in the
Matters finally determined by Authority as per clause 10.4, the PROJECT
SUPERVISION SERVICES, after 120 days but within 180 days of his presenting his
final claim on disputed matters shall demand in writing that the dispute or difference be
referred to arbitration.

(ii)
a. The demand for arbitration shall specify the matters which are in question, or
subject of the dispute or difference as also the amount of claim item-wise. Only
such dispute or difference, in respect of which the demand has been made,
together with counter claims or set off, given by the Authority, shall be referred
to arbitration and other matters shall not be included in the reference.

b. The parties may waive off the applicability of Sub-Section 12(5) of Arbitration
and Conciliation (Amendment) Act 2015, if they agree for such waiver in
writing, after dispute having arisen between them, in the agreed format.

(iii)
a. The Arbitration proceedings shall be assumed to have commenced from the day,
a written and valid demand for arbitration is received by the Authority.

b. The claimant shall submit his claims stating the facts supporting the claims along
with all the relevant documents and the relief or remedy sought against each

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claim within a period of 30 days from the date of appointment of the Arbitral
Tribunal.

.
10
Please insert relevant contract document as per the Project being undertaken by the PSS

c. The Authority shall submit its defence statement and counter claim(s), if any,
within a period of 60 days of receipt of copy of claims from Tribunal, unless
otherwise extension has been granted by Tribunal.
d. Place of Arbitration: The place of arbitration would be within the geographical
limits of the Division of the Railway where the cause of action arose or the
Headquarters of the concerned Authority or any other place with the written
consent of both the parties.

(iv) No new claim shall be added during proceedings by either party. However, a party may
amend or supplement the original claim or defense thereof during the course of
arbitration proceedings subject to acceptance by Tribunal having due regard to the
delay in making it.

(v) If the PROJECT SUPERVISION SERVICES AGENCY does/do not prefer his/their
specific and final claims in writing, within a period of 90 days of receiving the
intimation from the Authority that the final bill is ready for payment, he/they will be
deemed to have waived his/their claim(s) and the Authority shall be discharged and
released of all liabilities under the contract in respect of these claims.

10.5.2. Obligation During Pendency of Arbitration: Work under the contract shall, unless otherwise
directed by the Authority, continue during the arbitration proceedings, and no payment due or
payable by the Authority shall be withheld on account of such proceedings, provided,
however, it shall be open for Arbitral Tribunal to consider and decide whether or not such
work should continue during arbitration proceedings.

10.5.3. Appointment of Arbitrator:

a) Appointment of Arbitrator where applicability of section 12(5) of Arbitration and

Conciliation Act has been waived off:

i. In cases where the total value of all claims in question added together does not
exceed ₹ 1,00,00,000/- (Rupees One Crore), the Arbitral Tribunal shall consist of
a Sole Arbitrator who shall be a Gazetted Officer of the Authority not below
Junior Administrative Grade, nominated by the General Manager. The sole
arbitrator shall be appointed within 60 days from the day when a written and
valid demand for arbitration is received by General Manager.
ii. In case not covered by the Caluse (i) above, the Arbitral Tribunal shall consist of
a panel of three Gazetted Railway Officers not below Junior Administrative
Grade or 2 (two) Railway Gazetted Officers not below Junior Administrative
Grade and a retired Railway Officer, retired not below the rank of Senior
Administrative Grade Officer, as the arbitrators. For this purpose, the Railway

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will send a panel of at least four (4) names of Gazetted Railway Officers of one
or more departments of the Railway which may also include the name(s) of
retired Railway Officer(s) empanelled to work as Railway Arbitrator to the
PROJECT SUPERVISION SERVICES AGENCY within 60 days from the day
when a written and valid demand for arbitration is received by the General
Manager. PROJECT SUPERVISION SERVICES AGENCY will be asked to
suggest to General Manager at least 2 names out of the panel for appointment as
PROJECT SUPERVISION SERVICESAGENCY’s nominee within 30 days from
the date of dispatch of the request by Railway. The General Manager shall
appoint at least one out of them as the PROJECT SUPERVISION
SERVICESAGENCY’s nominee and will, also simultaneously appoint the balance
number of arbitrators either from the panel or from outside the panel, duly
indicating the ‘presiding arbitrator’ from amongst the 3 (three) arbitrators so
appointed. General Manager shall complete this exercise of appointing the
Arbitral Tribunal within 30 days from the receipt of the names of PROJECT
SUPERVISION SERVICES AGENCY ’s nominees. While nominating the
arbitrators, it will be necessary to ensure that one of them is from the Accounts
Department. An officer of Selection Grade of the Accounts Department shall be
considered of equal status to the officers in Senior Administrative Grade of other
departments of the Railway for the purpose of appointment of arbitrator.

iii. The serving railway officer working in arbitral tribunal in the ongoing arbitration
cases as per clause 10.5.1 (i) and (ii) above, can continue as arbitrator in the
tribunal even after his retirement.

b) Appointment of Arbitrator where applicability of Section 12(5) of Arbitration and

Conciliation Act has not been waived off:

i. In cases where the total value of all claims in question added together does not
exceed ₹ 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist of a
Retired Railway Officer, retired not below the rank of Senior Administrative
Grade Officer, as the arbitrator. For this purpose, the Railway will send a panel of
at least four (4) names of retired Railway Officer(s) empanelled to work as
Railway Arbitrator duly indicating their retirement dates to the PROJECT
SUPERVISION SERVICES AGENCY within 60 days from the day when a
written and valid demand for arbitration is received by the General Manager.
PROJECT SUPERVISION SERVICES AGENCY will be asked to suggest to
General Manager at least 2 names out of the panel for appointment as arbitrator
within 30 days from the date of dispatch of the request by Railway. The General
Manager shall appoint at least one out of them as the arbitrator.
ii. In cases where the total value of all claims in question added together exceed ₹
50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist of a Panel of

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three (3) retired Railway Officer, retired not below the rank of Senior
Administrative Grade Officer, as the arbitrators. For this purpose, the Railway
will send a panel of at least four (4) names of retired Railway Officer(s)
empanelled to work as Railway Arbitrator duly indicating their retirement date to
the PROJECT SUPERVISION SERVICES AGENCY within 60 days from the
day when a written and valid demand for arbitration in received by the General
Manager. PROJECT SUPERVISION SERVICES AGENCY will be asked to
suggest to General Manager at least 2 names out of the panel for appointment as
PROJECT SUPERVISION SERVICESAGENCY’s nominee within 30 days from
the date of dispatch of the request by Railway. The General Manager shall
appoint at least one out of them as the PROJECT SUPERVISION
SERVICESAGENCY’s nominee and will, also simultaneously appoint the balance
number of arbitrators either from the panel or from outside the panel, duly
indicating the ‘Presiding Arbitrator’ from amongst the 3 arbitrators so appointed.
General Manager shall complete this exercise of appointing the Arbitral Tribunal
within 30 days from the receipt of the names of PROJECT SUPERVISION
SERVICESAGENCY’s nominees. While nominating the arbitrators, it will be
necessary to ensure that one of them has served in the Accounts Department.

c)
i. If one or more of the arbitrators appointed as above refuses to act as arbitrator,
withdraws from his office as arbitrator, or vacates his/their office/offices or is/are
unable or unwilling to perform his functions as arbitrator for any reason
whatsoever or dies or in the opinion of the General Manager fails to act without
undue delay, the General Manager shall appoint new arbitrator/arbitrators to act
in his/their place in the same manner in which the earlier arbitrator/arbitrators had
been appointed. Such re-constituted Tribunal may, at its discretion, proceed with
the reference from the stage at which it was left by the previous arbitrator(s).

ii.
 The Arbitral Tribunal shall have power to call for such evidence by way of
affidavits or otherwise as the Arbitral Tribunal shall think proper, and it shall
be the duty of the parties hereto to do or cause to be done all such things as
may be necessary to enable the Arbitral Tribunal to make the award without
any delay. The proceedings shall normally be conducted on the basis of
documents and written statements.

 Before proceeding into the merits of any dispute, the Arbitral Tribunal shall
first decide and pass its orders over any plea submitted/objections raised by
any party, if any, regarding appointment of Arbitral Tribunal, validity of
arbitration agreement, jurisdiction and scope of the Tribunal to deal with the

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dispute(s) submitted to arbitration, applicability of time ‘limitation’ to any

dispute, any violation of agreed procedure regarding conduct of the arbitral
proceedings or plea for interim measures of protection and record its orders
in day to day proceedings. A copy of the proceedings duly signed by all the
members of tribunal should be provided to both the parties.

iii.
 Qualification of Arbitrator (s):

o Serving Gazetted Railway Officers of not below JA Grade level.

o Retired Railway Officers not below SA Grade level, one year after his date of
retirement.
o Age of arbitrator at the time of appointment shall be below 70 years.

 An arbitrator may be appointed notwithstanding the total number of arbitration cases

in which he has been appointed in the past.

 While appointing arbitrator(s) under Sub-Clause above, due care shall be taken that
he/they is/are not the one/those who had an opportunity to deal with the matters to
which the contract relates or who in the course of his/their duties as Railway
servant(s) expressed views on all or any of the matters under dispute or differences.
A certification to this effect shall be taken from Arbitrators also. The proceedings of
the Arbitral tribunal or the award made by such Tribunal will, however, not be
invalid merely for the reason that one or more arbitrator had, in the course of his
service, opportunity to deal with the matters to which the contract relates or who in
the course of his/their duties expressed views on all or any of the matters under
dispute.

iv.
 The arbitral award shall state item wise, the sum and reasons upon which it is based.
The analysis and reasons shall be detailed enough so that the award could be inferred
there from.

 A party may apply for corrections of any computational errors, any typographical or
clerical errors or any other error of similar nature occurring in the award of a
Tribunal and interpretation of a specific point of award to Tribunal within 60 days of
receipt of the award

 A party may apply to Tribunal within 60 days of receipt of award to make an

additional award as to claims presented in the arbitral proceedings but omitted from
the arbitral award.

10.5.4. In case of the Tribunal, comprising of three members, any ruling on award shall be made by a
majority of members of Tribunal. In the absence of such a majority, the views of the
Presiding Arbitrator shall prevail.

10.5.5. Where the arbitral award is for the payment of money, no interest shall be payable on whole or
any part of the money for any period till the date on which the award is made.

10.5.6. The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia include
fee of the arbitrator(s), as per the rates fixed by Railway Board from time to time and the fee

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shall be borne equally by both the parties, provided parties sign an agreement in the agreed
format to these conditions after/ while referring these disputes to Arbitration. Further, the fee
payable to the arbitrator(s) would be governed by the instructions issued on the subject by
Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/are
appointed by the Railway Administration or by the court of law unless specifically directed
by Hon’ble court otherwise on the matter.

10.5.7. Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules
thereunder and relevant para of General Conditions of Contract (GCC) and any statutory
modifications thereof shall apply to the appointment of arbitrators and arbitration proceedings
under this Clause.

11. Status

Throughout the operation of this Agreement and upon termination the PROJECT
SUPERVISION SERVICES AGENCY shall at all times have the status of a self-employed
person and for the avoidance of doubt neither the PROJECT SUPERVISION SERVICES
AGENCY nor the employees, agents or servants shall acquire the status of employee of the
Authority and shall not be entitled to any pension, bonus or other benefit (other than the fee
payable under this Agreement) from the Authority. The PROJECT SUPERVISION
SERVICES AGENCY shall be and hereby undertake responsibility for all income tax
liabilities or similar taxes and levies in respect of its fees and the PROJECT SUPERVISION
SERVICES AGENCY hereby indemnifies the Authority in respect of any claims that may be
made by the relevant authorities against the Authority in respect of income tax or similar
contributions, taxes or levies relating to the PROJECT SUPERVISION
SERVICESAGENCY’s services pursuant to this Agreement.

12. Set Off

Whenever under this contract any sum of money shall be either overpaid to the PROJECT
SUPERVISION SERVICES AGENCY by Authority and therefore recoverable or is
otherwise payable by the PROJECT SUPERVISION SERVICES AGENCY to Authority,
then the amount due may be deducted by Authority from any sum then due or which at any
time thereafter becomes due to the PROJECT SUPERVISION SERVICES AGENCY under
this contract. The exercise by Authority of its rights under this provision shall be without
prejudice to any other rights or remedies which are available to Authority at any time under
the contract or otherwise in law or in equity.

13. Notices

13.1. Any notices to be served by the parties under this contract shall (subject to any contrary
provision of this contract) are served by speed post or facsimile transmission and any
notice:

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13.1.1. To the Authority shall be sent to ___________ or to such other person/address as may from
time to time be notified to the PROJECT SUPERVISION SERVICES AGENCY by the
Authority for the purposes of this paragraph; to the PROJECT SUPERVISION SERVICES,
shall be addressed to the PROJECT SUPERVISION SERVICES AGENCY at the premises,
or to such other person/address as may from time to time be notified to the Authority by the
PROJECT SUPERVISION SERVICES AGENCY for the purposes of this paragraph.

13.1.2. If a notice is served by:

(i) Speed post, it shall be deemed served on the third working day after posting.
(ii) Facsimile transmission (FAX), it shall be deemed served on the day of its
transmission if transmitted prior to 6.00pm, or if it is transmitted after this time on
the day in question then it shall be deemed served on the next working day.

13.1.3. Either party may give notice to the other of change of address/ telefax nos. for Service of
Notices in accordance with the provisions of this Clause 13 and which shall come into effect
within seven days of receipt of such notice.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the substantive laws
of India.

15. Assignment

This Agreement is personal to PROJECT SUPERVISION SERVICES AGENCY and any

right or obligation arising under it may only be sub-contracted, assigned or otherwise
transferred with the prior consent in writing of the Authority, except to the extent mentioned
elsewhere in this Agreement, more specifically in the ‘Instructions to Bidders’ of the ‘RFP’.

16. Entire Agreement

This Agreement together with the Schedules and Annexures attached thereto, as mentioned,
constitutes the entire agreement of the parties in relation to its subject matter and supersedes
any other agreement understanding or representation whether written or oral between the
parties regarding it.

17. Severability

If any provision of this Agreement is held illegal or unenforceable by any court or other authority
of competent jurisdiction, such provision shall be deemed severable from the remaining
provisions of this Agreement and shall not affect or impair the validity or enforceability of the
remaining provision of this Agreement.

18. PROJECT SUPERVISION SERVICES AGENCY’s work on the PSS to be the

property of Authority:

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18.1. All deliverables (including the basis for various worksheets in soft form/any software) shall
become the property of Authority and shall be used by Authority as deemed fit. Soft copies of
deliverables shall also be furnished as required by Authority. All reports, documents,
correspondence, draft publications, maps, drawings, notes, specifications, statistics, work
product in any form and technical data compiled or prepared by the PSSA and communicated
to the Authority in performing the Services (in electronic form or otherwise and including
computer-disks comprising data) shall be the sole and exclusive property of the Authority and
may be made available to the general public at its sole discretion. The PSSA may take copies
of such documents and data for purpose of use related to the Services under terms and
conditions acceptance to the Authority but shall not use the same for any purpose unrelated to
the Services without the prior written approval of the Authority.

18.2. All reports and other documents (collectively referred to as “PSSA Documents”) prepared by
the PROJECT SUPERVISION SERVICES AGENCY in performing the Services shall
become and remain the property of the Authority, and all intellectual property rights in such
PSSA Documents shall vest with the Authority. Any PSSA Document, of which the
ownership or the intellectual property rights do not vest with the Authority under law, shall
automatically stand assigned to the Authority as and when such PSSA Document is created,
and the PROJECT SUPERVISION SERVICES AGENCY agrees to execute all papers and to
perform such other acts as the Authority may deem necessary to secure its rights herein
assigned by the PSSA.

18.3. The PROJECT SUPERVISION SERVICES AGENCY shall, not later than termination or
expiration of this Agreement, deliver all PSSA Documents to the Authority, together with a
detailed inventory thereof. The PROJECT SUPERVISION SERVICES AGENCY may retain
a copy of such PSSA Documents. The PROJECT SUPERVISION SERVICES AGENCY or
its personnel or a Third Party shall not use these PSSA Documents for purposes unrelated to
this Agreement without the prior written approval of the Authority.

18.4 The PROJECT SUPERVISION SERVICES AGENCY shall hold the Authority harmless
and indemnified for any losses, claims, damages, expenses (including all legal expenses),
awards, penalties or injuries (collectively referred to as “Claims”) which may arise from or
due to any unauthorised use of such PSS Documents, or due to any breach or failure on part
of the AE or its personnel or a Third Party to perform any of its duties or obligations in
relation to securing the aforementioned rights of the Authority.

19. Waiver

Any failure on the part of any party hereto to comply with any of its obligations, agreements
or conditions hereunder may be waived in writing by the other party to whom such
compliance is owed. In absence of such written waiver, no forbearance or other failure to

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insist on prompt Compliance with any obligation, agreements or conditions hereunder shall
be deemed to constitute a waiver of the rights of the party to whom compliance is owed.

AS WITNESS the signatures on behalf of the parties hereto

Signed on behalf of the Authority

Authorized signatory
On this-------- day of ------- 20--

Signed by thePROJECT
SUPERVISION SERVICESAGENCY ( )
On this---------- day of ------- 20--

In the presence of:

1. Witness name Address
Occupation Witness Signature

2. Witness name Address

Occupation Witness signature

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 Schedule – 1: Form of Agreement

ANNEXURES FOR AGREEMENT

Annexure-1 Terms of Reference

Annexure-2 Financial Bid

Annexure 3 Payment Schedule

Annexure-4 Performance Security

Annexure-5 Instruction to Bidder(s)

Bid and Bid Forms

Letter of Award

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 Schedule – 1: Form of Agreement

Annexure -1

11
Terms of Reference (TOR)

of

PROJECT SUPERVISION SERVICES

FOR

EXECUTION OF THE WORKS INVOLVED IN

Page 62 of 121
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CONTENTS

S. No. Description Page

1 Introduction & Background 63
2 The Project Supervision Services Agency(PSSA) 63
3 Objective of Supervisory Services Agency 63
4 Scope of Supervisory Services 65
5 Detailed Terms of Reference 67
6 Implementation Arrangements 73
7 Organization & Staffing 73
8 Miscellaneous 75
9 Weekly & Monthly Meeting 75
10 Man Power Deployment 76
11 Terms & Conditions of Payment & Deployment 78

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Annexure -1

TERMS OF REFERENCE

for

SERVICES TO BE PROVIDED BY PROJECT SUPERVISION SERVICES

AGENCY

1 Introduction & Background

1.1 CHIEF PROJECT MANAGER, GATI SHAKTI, ADRA DIVISION, SOUTH

EASTERN RAILWAY, for and on behalf of President of India, the) hereafter referred as
‘RAILWAY’., invites proposals under single stage two packet system for the work of “PROJECT
SUPERVISION SERVICES for the PROJECTS OF GATI SHAKTI UNIT, ADRA
DIVISION for works mentioned in para 1.3 below and other incidental works.

1.2 The works included in the main contract are to be carried out close to the running tracks and
public utilities; therefore, safety of running trains and the public is paramount. The specified
Safety and Security measures have been detailed in Annexure -1 to this Section. The Scope of
the main works to be executed by the Works Contractors are detailed in Annexure– 2 of this
Section. For complete details of these works contract along with corrigenda, the Bidding
Document of the Works Contract may be referred which is available on IREPS website
www.ireps.gov.in

1.3 The scope of works described in Annexure 2 pertaining to the PROJECTS OF GATI
SHAKTI UNIT, ADRA DIVISION of South Eastern Railway will be executed under
Competitive Bidding and the tenders for the same have been invited by the Employer. In addition the
following works for the above project other incidental works are also required to be supervised by the
PSSA under the scope of this WORK:
i) Various works of Station Redevelopment of various disciplines under Amrit Bharat Station
Scheme
ii) Various works of improvement of Goods Shed, yard modification, loop line works, shed,
depots, etc
iii) Any other contract(s) which may be fixed for commissioning of the project VARIOUS
PROJECTS OF THE GATI SHAKTI UNIT, ADRA DIVISION.

1.4 These Terms of Reference (TOR) define the services required from the `PSSA’ who are to be
engaged to assist Railways for PROJECT SUPERVISION SERVICES for the project work
specified in Para 1.1 & 1.3 above.

2. The PROJECT SUPERVISION SERVICES AGENCY (PSSA):

2.1 The PSSA shall be a firm registered or incorporated in India

2.2 The PSSA’s team of key personnel will comprise of Project Manager, Resident Engineers and
Experts in different disciplines, having requisite experience of similar type of works. The PSSA
will have to deploy only personnel who have the specified relevant qualification and
experience.

3.0 Objective of PSSA:

3.1(a) The objectives of obtaining the presently offered supervision services, are to assist the
Employer in implementation of the above mentioned Project, from the present stage of
verification/establishment of reference points/data provided by the Employer, to the stage of
successful completion of all the contemplated works of the Project through the

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Agency/Agencies employed for execution of the project work/activities & supply of materials,
with the specified Safety and Security, execution, testing and commissioning of the Project and
handing over the completed Project to Railway, duly ensuring safety at work sites, Safety of
running trains, people, structures and properties adjacent to work sites, by proper
verification/deployment/suggestion of methods and means in tune with contract conditions duly
following the provisions of Share Holders Agreement, regulations, policies, procedures &
guidelines, Railway’s Rules, Regulations, procedures, Local Laws, Bye laws & Rules and
Regulations, etc., within the specified time schedule, with the appropriate use of provisions in
the works contract agreement, to achieve overall economy. This also includes the works like
getting ‘as built/completion’ drawings prepared from construction contractor, preparation of the
required applications and documents for obtaining the sanction of Commissioner of Railway
Safety and Government Electrical Inspector and getting such required sanctions, exercising
supervision on the execution of works, arranging for traffic blocks, where necessary, making
measurement of works done for arranging payments to the concerned Agency/Agencies,
effecting various recoveries statutory or otherwise from the running bills of the concerned
Agency/Agencies, interaction and co-ordination with Railway Administration, and various
Governmental/other Bodies/Agencies involved.

3.1(b) In a nutshell the objectives of the Supervision services are to assist the Employer to implement
the Project in conformity with Railways’ rules and regulations; and codes Local laws, bye laws,
regulations, rules etc.

3.2 The PSSA shall ensure:

(i) That the Project is implemented up to the last detail for commencement of commercial
operations by the Railway administration and provide assistance to the Employer up to
the end of `Defect Liability Period’ under the Contract.

(ii) That the Contractor’s are observing due diligence and prevailing standards in the
performance of the assignment.

(iii) Compliance of all rules of railways related to the execution of the project. Special care
will be taken in imposing necessary speed restriction, caution, arranging necessary
traffic blocks & OHE blocks, where necessary etc. in order to ensure safety at all times.

(iv) Accuracy, quality of workmanship safety of the works being carried out by the
contractors.

(v) High standards of quality assurance in the execution of works;

(vi) Completion of work in the prescribed time schedule

(vii) Implementation of environmental mitigation measures;

(viii) That the PROJECT SUPERVISION SERVICES AGENCY’s personnel are

experienced in modern methods of contract management and construction supervision,
ensuring professional construction supervision adhering to quality, target completion
dates, compliance with the drawings, technical specifications and various requirements
of the work’s contract documents including safety;

(ix) That the PROJECT SUPERVISION SERVICES AGENCY shall assist the
Contractor(s) and the Employer as directed by the Employer, till the assets are handed
over to the railway for operation.

(x) The application of reasonable and consistent design requirements in construction.

(xi) Minimizing claims disputes and assist in resolving them.

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(xii) The works requiring prior CRS sanction shall only be taken up after CRS sanction has
been obtained.

(xiii) Optimal utilization of resources/contractual provisions with a view to bring economy in

execution.

(xiv) Accurate measurement of work done for payment, record and verification.

(xv) Timely payments and recovery of advances, various securities and liabilities including
statutory recoveries.

(xvi) Implementation of various Labour Rules, Regulations and welfare measures as per the
rules in force and laid down provisions in the Agreement.

(xvii) Assessment of material requirements to be supplied by the Employer and its proper
accountal.

(xviii) Preparation of schedule for supply of materials and machinery to be supplied by the
Employer and the Contractor.

(xix) No variations, other than specifically permitted, shall be allowed to be executed.

(xx) Appraising the Employer through progressive reports mentioned in Para 5.8.

(xxi) All mandatory testing as per the codal provision and instructions for P. way, signalling
& electrical work and Environmental monitoring Plan are being conducted and records
of such test be preserved for future."

(xxii) All machinery and equipment purchased by the contractor, against which either he has
availed excise duty/custom duty exemptions or purchased against advance released by
Railways, should be available at site and should not be allowed to be removed from site
without prior permission from the Employer.

4 Scope of Supervision Services:

4.1 The status and the scope of works to be executed by the contractors under this Project are given
in Annexure 2 of these Terms of Reference.

4.2 The scope of the supervision services includes but is not limited to the following:

4.2.1 PSSA’s Role: The PSSA will nominate a Project Manager to act as the Engineer of the
construction contract(s) and deploy other personnel as per requirement of Employer for
provision of supervisory services.
4.2.2 PSSA’s Authority: The Project Manager on behalf of the PSSA shall exercise such authority,
in his capacity as the ‘Engineer’ defined in the construction contract(s) subject to modification
of employer (Railway).

4.2.3 PSSA’s Responsibility:

The PROJECT SUPERVISION SERVICES AGENCY shall be responsible for the

following(in accordance with the key personnel deployed):

a) Getting developed Project Management Plan within 30 days from the Effective Date in
the format specified by General Consultant and/or Employer using Project
Management Software as specified in the works contract.

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b) Developing systems and procedures to administer the construction contracts and ensure
that the contractual requirements, with respect to both quality and quantity of work, are
respected and the works are constructed in accordance with the provisions of the
construction contract. The PSSA shall finalize these within 45 days of effective date.
This includes job related to proper accountal of the material both supplied by the
contractor and the old released one.
c) Maintaining copies of all reference documents, specifications, and drawings in a
systematic manner in the office of the Project Manager and provide relevant documents
forms and stationery to site supervision personnel.
d) The PSSA shall provide competent staff in full complement.
e) Making all engineering decisions required for the successful and timely implementation
of the construction contract/project.
f) The PSSA shall arrange to train its Personnel who are deployed for the Management of
the Project, from time to time, as may be required, for efficient Management.
g) Project Planning, Project coordination, Project interfacing or linkages necessary for
commissioning of the project.
h) Checking of various drawings and designs as per Note No. 3 of Form 11.
i) Expeditious completion of work to ensure the required time schedule
j) Site Supervision & inspection of all construction work and supervising various
activities with a view to adherence to drawings, specifications & quality.
k) Conflict management.
l) Making all necessary measurements and certify payments as per standard practice in
Railways and as prescribed by employer.
m) One level of checking of various drawings, plans, designs, documents prepared by
construction contractor before submission to railway for their approval. This will
include carrying out required alterations in the drawings in the process of approval.
This also includes arranging various drawings (prints or tracings, as a case may be)
from railway for reference or for alterations/modification required for execution of the
work. Approval of Railways to various plans, design, documents etc. shall be arranged
by the PSSA.
n) Assist in preparation of CRS applications and the related follow-up work in Railways
or other offices as directed by the Employer.
o) Ensuring compliance to all safety requirements while progressing the work.
p) To propose a viable phase working plan for the work, if situation warrants.
q) Ensuring consignee inspection, receipt of materials at site, accountal, issue of materials
to works Contractors, (including materials procured through Supply contractors) and
proper storage by Works Contractor.
r) Project monitoring for the implementation of the Project up to commissioning of the
project or the end of the defect liability period or handing over the assets thus created
to the Zonal Railway, whichever is later.
s) Assist in testing of signalling installation as per the various provision in the codes,
manuals and Railways instructions and recording of complete testing data and
submission of same to the client. The testing includes indoor testing like functional
test, testing of panel with reference to approved locking table, square sheet, break test
of circuits. Outdoor testing includes testing of points for obstructions, track circuits
voltages, signals, axle counter, block working etc. to ensure safe working.
t) Preparation and submission of monthly and quarterly reports as per formats specified
by the Employer, required for management of the project.
u) Ensuring compliance of the works contractor to all relevant laws as specified in the
works contract.

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4.2.4 Monitoring of Project:- The project should be monitored through MS project or similar
project management software.

4.2.5 Environmental Issues:

(i) Monitoring of environmental mitigation measures as per The provision of Construction

and Demolition Waste Management Rule 2016 issued by Ministry of Environment
Forest and Climate Change dated 29.03.2016 and published in the Gazette of India, Part
– II, Section -3, Sub-section (ii).

(ii) Conduct regular monitoring of environmental quality (air, water, noise, soil) in and
around the construction site as given in the EMOP (Environmental Monitoring
Programme) in the IEE report, and maintain records for the same.

5 Detailed Terms of Reference:

5.1 ACTIVITIES TO BE TAKEN UP BY PSSA BEFORE COMMENCEMENT OF

WORK BY THE WORKS CONTRACTOR:

5.1.1 PSSA shall study the information provided by the Employer such as drawings, designs,
reference points etc. He shall also study various rules, regulations, codes, practices etc.,
applicable to Railway working and rules, regulations and by laws of state and central
government as applicable to project under implementation including the agreement entered
in to with the agency/agencies entrusted by the Employer for execution of works for project
completion. He shall also study the special conditions of contract and detailed
specifications to identify and decide in consultation with Railways:-

a) The Methods and The Means to be employed for execution of works.

b) The detailed programme given by the works Contractor for implementing

the various activities of the project including stage working, if any, for
achieving the Employer defined mile stone progress during the execution
of project leading to successful completion of all works under the project
including putting the created assets to use.

c) The requirement of men, machinery and material for the desired progress at
different stages of project execution in advance, so that the project gets
implemented without any hindrances as per the above mentioned
programme.

d) Planning the requirement of machinery and materials which shall be issued

by Employer, scheduling and ensuring the availability of machinery and
materials at site in consultation with the Employer and their proper
utilization and accountal.

e) Checking along with the works Contractor, the correctness or otherwise of

the reference points, data, drawings provided by employer and take
corrective action by way of modifying/rectifying/supplementing the
available reference points/data/drawings and to remove any
inconsistencies/ redundancies/ voids (gaps) in the execution plan/schemes
for safe and economical execution of works.

f) Planning for the various checks and supervisory/managerial functions to be

performed in-house for the Project Management and providing competent,
qualified and experienced staff including support staff as per stipulated
schedule to ensure implementation of various obligations of the works
contract.

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g) Planning for computerised maintenance of Records to be kept e.g. checks

to be carried for passing of materials/works at various stages, measurement
of works/materials used, Accountal of materials etc.

h) Planning for submitting various documents required for works requiring

EIG/CRS’s sanction, checking of Completion drawings, plans, work closed
statements etc.

5.1.2 Review: The PSSA shall

(i) Review the detailed construction drawings, and the contract for the project work. The
review shall identify any defects or omissions that compromise the completeness or
consistency of the drawings.

(ii) Review the adequacy of the contractor’s quality management system and contractor’s
proposed personnel specified in the construction contract.

(iii) Checking of drawings as to functionality, general layout, adherence to specifications

and provisions of relevant codes;

(iv) The approved Drawings made available by Employer will be required to be checked by
PSSA for correlating the data shown in drawings with actual available at site, minor
changes (e.g. change in foundation design because of actual type of soil strata found
during excavation resulting in variation from design soil bearing capacity, change in
dia of reinforcement due to non-availability of the reinforcement shown in the drawing
etc.). Review drawings and specifications for construction including suggestions on
changes during progress of work. Drawings not included in the construction
contractor’s scope including those required for phase working shall be identified by
PSSA. The drawings has to be followed till the submission of as made (i.e. completion)
drawings to railways. Checking of Drawings for all temporary works and checking of
Drawings for Electrical and S&T works (e.g. Signal Interlocking Plan, Selection Table,
Circuit diagram, cable layout drawings, modification of Overhead Power Lines etc.)
will also be done by PSSA.

(v) Review proposals for S&T disconnections, block working, non-interlock working
which require “Commissioner of Railways’ Safety’s” (CRS) approval/Electrical
Inspector to Government (EIG) (wherever required), sanction/certification before the
proposals are forwarded to CRS/EIG.

(vi) Review arrangements during non-interlock working and ensure smooth progress of
work and train operation with the required co-ordination.

(vii) Liaison between various contractors, designers, such that the designs for these sub-
systems, that in particular their civil works, such as ducting, pedestals, cabins, poles
and supports will be integrated properly into the over all project works.

5.2 Quality Assurance: The PSSA shall:

a) Prepare a Quality Assurance Manual, detailing the PSSA’s quality assurance/control

procedures, to be submitted within 30 days of commencement of services.

b) Assist the contractor to evolve a system of Quality Assurance for the works, including but
not limited to, establishing testing frequencies and acceptance criteria for all materials and
construction activities in accordance with the specifications. The system should specify the
prescribed quality checks and their frequency to be performed, acceptable limits for each
quality check and do’s and dont’s for all important activities, in appropriate format
acceptable to the Employer, so that the same can be provided to the concerned field
officers responsible for supervision of respective items for ready reference.

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c) Ensure that the procurement of materials and equipment are from the authorised sources
and are duly inspected by the nominated agencies.

d) Inspect and approve all materials received at site proposed to be incorporated in works;

e) Check concrete mix designs proposed by the contractors and approve/suggest modifications
to the mix designs, laying methods, sampling, testing procedures and quality control
measures to ensure the required standards and consistency in quality at the commencement
of activities;

f) Inspect the quality of the works with regard to workmanship, compliance with the
specifications and all necessary testing required for acceptance of any item of work;

g) Assess and check the laboratory and field tests carried out by the contractor, and carry out
independent tests in the site laboratory, wherever necessary;

h) Maintain records of all testing, including cross referencing to items of work to which each
test refers and the location from which any samples were obtained for testing.

i) Issue orders to the contractor to remove or make good any work which is found to be:

a) Not in accordance with the drawings.

b) Not in accordance with the specifications in terms of either work methods or

materials specifications.

c) Covered prior to inspection for acceptance or after rejection as unacceptable.

5.3 Project Control:

5.3.1 The PSSA shall monitor the project covering all aspects of the project but not limited to:

 Progress in accordance with schedules with the objective of taking remedial

measures to ensure project completion date and costs.
 Critical Interface requirements particularly when different agencies are involved
whether under different contracts or within the same contract for works.
 Environmental matters
 Quality Control

5.3.2 The PSSA shall develop systems to professionally manage the project implementation. The
system to include the physical and Financial Progress vis-à-vis program and forecast cash flow.
Project Management Software, as mutually agreed with the Contractor and the Employer. The
Program must identify the milestones, interface requirements and program reporting elements.
The PSSA shall supply a soft copy of program (macro) developed. The output shall be updated
every month.

5.3.3 Project Management control to include cost, schedule, quality control, technical performance
and reporting for the entire project, up to the end of the defect liability period of the contract.

5.3.4 The PSSA shall take actions as may be necessary for expeditious completion within the
contract period.
5.4 Construction Supervision:

5.4.1 The PSSA shall:

(i) Ensure adequacy, stability and safety of all personnel and construction works
being executed by the contractor during the construction, operation and
maintenance up to the end of the defect liability period, including ensuring the
safety of the running trains in the vicinity of the project site.

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(ii) Ensure that the works to be carried out on running lines are coordinated, planned
meticulously and executed without exceeding the traffic and power block,
ensuring that Railway operations are not disturbed by duly coordination with
Railway authorities, arrangement of power and traffic blocks from Railway will
also be the responsibility of PSSA. He shall also ensure safety of workers,
Railway assets, Rolling stock and Railway users.

(iii) Conduct site visits to review progress in implementation, including physical

progress, environmental mitigation, contractor performance, and adequacy of
contractor’s supervision.

(iv) Assist/advise the Employer timely regarding handing over the site by Railway
which they will hand over in stages, in the advance actions required to be taken
for the handing over of the site and to achieve the milestones for completion of
the construction packages.

(v) Assist the Employer in co-ordination with different agencies and hold meetings for
proper and timely implementation of the Project.

(vi) Assist the Employer for liaison and co-ordination with the relevant authorities to
remove all obstacles and encumbrances from the project site, including utility
relocation and tree cutting, as required.

(vii) Assist the Employer in coordination with different agencies and hold meetings for
proper and timely implementation of the project.

(viii) Assist the Employer in the proper monitoring of progress of the works through
computer aided project management techniques.

(ix) Check contractor setting out for conformance with the drawings.

(x) Maintain close liaison with State Electricity Board to ensure modification of overhead
power lines.
(xi) Prepare/issue modified drawings required for variation orders, or any other change,
agreed by the Employer.
(xii) Approve contractor’s proposed designs/drawings for all temporary works subject to
final approval of authority.
(xiii) Inspect at regular intervals the contractor’s plant and facilities, including the workers’
accommodation at site, to ensure conformity with the construction contract and all
government/state regulations.
(xiv) Inspect the contractor’s safety measures, including labour welfare, and immediately
notify both the Employer and the contractor of any infringement or violation.
(xv) Maintain records, working/as-built/completion drawings, test data, details of
variations, correspondence, and diaries in the formats approved/specified by the
Employer.
(xvi) Verify lines and levels to ensure works are being executed as per the approved
drawings/layouts, alignments and levels.

(xvii) Check all hidden measurements through Project Manager/Resident Engineer which
shall be recorded by Experts before covering the works.

(xviii) Ensure that the materials used meet the specifications.

(xix) Ensure that the quality of workmanship and the temporary arrangements/structures
made for carrying out the works meet the requirement of specifications and safety
standards.

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(xx) Ensure that the reinforcement provided is as per the approved drawings tied properly
with cover blocks and chairs as required.
xxi) Inspect the works or any part of the works, at substantial completion and advise the
Employer and the contractor of any outstanding work, including defect, to be
completed/remedied during the defect liability period.
(i) Inspect the works at appropriate intervals during the Defect Liability Period.
(xxiii) Ensure “as-built/completion” drawings, as true record of the works as constructed, are
documented and kept in a systematic manner by the contractor.
(xxiv) Prepare an inventory of the completed works, in a format agreed with the Employer, for
use by the maintaining authority.
(xxv) Maintain accountal of various materials and machinery as stated below.
(xxvi) Maintaining material at site account for (a) all materials to be issued by the Employer
free of cost, (b) all released materials till they are handed over to the Railway/re-used.
(xxvii) Maintaining accounts of (a) material brought to the site by the Contractor for which
secured advance has been paid and the use of such material; (b) other materials brought
to the site by the Contractor for which part payments are arranged and the use of such
material; (c) other materials brought to the site by the Contractor for which, no
payment will be made till they are laid and use of such material for execution of works.
(xxviii) Maintenance of accounts of machinery made available by the Employer to the
Contractor, either free of cost or otherwise, and their effective utilization.
(xxix) Submission of monthly statement of material consumed and material balance available
to employer and review the consumption.
5.5 Conflict Management:

5.5.1 Any disputes with regard to works being executed by the contractor shall be resolved in the
most amicable manner in accordance with the provisions of the contract.

5.5.2 The proposals for variations shall be processed in the shortest possible time duly coordinated
with the Contractor and the Employer

5.6 Measurement and Payment:

5.6.1 The PSSA shall:

i) (a) Take measurements (including plotting of cross sections for earthwork) and keep
measurement records, in measurement books issued to him by the Employer where
measurements are to be taken by Engineer.
(b) Will verify the quantities of items and verify the Bills submitted by the contractor
where contractor is authorise to submit Bills based on measurements taken by him.
ii) Issue interim certificates for progress payments.
iii) Certify completion of part or all of the works.
iv) Review and ensure continuity of the contractor’s sureties in approved formats.
v) Prepare quarterly cash flow projections for the Employer in a format acceptable to the
Employer. Cash flows should identify budget estimates for all outstanding work.
vi) Update cost estimates on completion of 50 percent, 75 percent and 100 percent of the
Project.
vii) Maintain records of all plant, labour and materials used in the construction of the
works.
viii) Check and agree the contractor materials ordering schedule.

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ix) Analyze claims submitted by the contractor and prepare a report for the Employer
addressing the contractual basis, in terms of both technical and financial issues, for the
claims and recommendations for a response to the contractor.
x) Assist the Employer in providing clarifications/explanations to the observations made
from time to time by auditors.
xi) Co-operate and assist the Central Vigilance Commission and other organizations as
instructed by the Employer in the event that the construction of the Project is subject to
review.
xii) Strictly adhere to instructions of employer for measurement and payments, with latest
amendments, and also adhering to provisions in specifications and Bill of Quantities as
detailed in the construction contract.

5.7 Project Completion:

5.7.1 The PSSA shall issue the relevant certificates as may be required in the construction contract
documents.

5.7.2 The PSSA shall be responsible to obtain all records of completion drawings and completion
documents from the contractor and prepare completion estimates in accordance with provisions
of Indian Railways Engineering Code. This shall be submitted within six months of issue of
taking over certificate.

5.8 Reports:

5.8.1 The PSSA shall prepare and issue to the Employer six (6) copies of the following reports, the
format and content of which are to be acceptable to the Employer:

(i) An Inception Report to be submitted within 21 days of commencement of services.

(ii) Project Management Plan: Within 30 days of the Effective Date.

(iii) Systems and Procedures duly covering quality and safety plan: Within 45 days of Effective
Date of services along with necessary proformas, stationery for smooth functioning.

5.8.2 In addition to the above the PSSA shall provide the following reports in a format approved by
the Employer.

i) A daily report including significant events, if any, on the previous day. The report shall be
sent by e-mail to the Employer’s head office and the Employer’s representative at site.
This report will also include any event/happening which is likely to affect the progress,
quality of work and safety.

ii) A brief monthly progress report to be submitted within 7 days of the end of each month.
This report should include details on progress of checking of drawings/approval of
drawings and specifications for construction, deployment of technical and supervisory staff
by the Contractor and itemwise progress of construction work with reference to the targets.

The report should also include:-

(a) List of approval sought and given.

(b) Measures aimed at course corrections – their requirement and their implications.

(c) Unresolved claims their genesis, justifications and recommendations on the same.

iii) A detailed Quarterly Report, to be submitted within 14 days of the end of each quarter.
Quarterly reports should include a description of project activities illustrated by

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progress/completion photographs, status of any delays and detailed plan to make up any
shortfall or deficiency, status of contractual claims, and details of all latest financial
projections;

iv) A detailed Contract Completion Report with completion documents within 6 (six) months
of completion and date of commissioning.

v) Any other report as sought be the Employer from time to time.

6 Implementation Arrangements:

6.1 It is anticipated that the supervision services defined under this TOR are anticipated to
commence as specified in Data Sheet in Section 2 hereof. The actual commencement date will
be confirmed during negotiations and will be dependent upon progress towards the award of the
construction contract.

6.2 The period of services has been derived on the basis of the supervision services commencing in
the same month as the commencement date of the construction contract and extending 180
DAYS into the Defect Liability Period. However, neither the Commencement Date(s) nor the
end of the Defect Liability Period shall be construed as necessary conditions of either
commencement or completion of the consulting services.

7 PSSA’s Organization & Staffing

7.1 Organization:

7.1.1 The Employer’s require the projects to be managed in three tiers as given below:
 Team Leader
 Resident Engineers (Discipline wise) Quality Control Manager & Safety
Manager
 Experts and Supervisors(Discipline wise)

7.1.2 Draftsman cum CAD operators and Office Assistants shall assist the personnel managing
the project.

7.1 Estimate of Person-months of Personnel :

7.2.1 The estimated person-months of personnel are given below –(The estimate of person months
as well as requirement of posts to be decided for each project/unit separately. In case more
than one Team Leader are proposed to be provided in a project, separate estimate of person-
month under each Team Leader should be made. The number and quantity indicated below are
only for the purpose of guidance of the format to be followed.)
Note:
1. Team Leader will be the overall in charge of the work.

2. Employer reserves the right to reduce the number and estimated person-months
of key personnel, supervisors and Office Staff without any claim on either side.

7.3 PSSA Key Personnel - Role & Responsibility:

7.3.1 While the role and responsibility of the personnel have to cover the provisions of the TOR, details
for Team Leader are given below for the guidance of PSSA

The Team Leader shall:

i) Co-ordinate with CPM/GSU and Officers in Gati Shakti unit.
ii) Be the nodal person for the Employer.
iii) Be the overall in charge and have control of the project & contract management.

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iv) Be the leader for contract management, contract administration (post award) which also
includes site supervision, Quality Control in accordance with provision of these TOR.
v) Perform the role and responsibility envisaged for the PSSA in these TOR and Contract
agreement as a whole and act as the ‘Engineer’ for that Project.
vi) Distribute the role and responsibility of each of the personnel working under him in
consultation with the Employer.
vii) Manage the Office(s) of PSSA.
viii) Coordinate between the Resident Engineers of S&T and Civil.
ix) Monitor the performance of both the Resident Engineers.
x) Be directly responsible for Safety at workplace - both onsite and off-site.
xi) Be directly responsible for ensuring the Quality of materials and workmanship.
xii) Carry out Project scheduling /Management.
xiii) Monitor the availability of materials for the execution of works, both from Railways as
well as Contractors.
xiv) Be Responsible for Block Management and prevention of Block Burst.
xv) Monitor prompt measurements and timely generation of bills.
xvi) Comply with the instructions given by the Employer for proper execution of the project.
7.3.2 Resident Engineer (Civil):
The Resident Engineer (Civil) shall:
i) Monitor the works carried out by the Site Engineers throughout the Division.
ii) Ensure and monitor the availability of materials and manpower, from Railways as well as
Contractors.
iii) Ensure the Safety at workplace, both onsite and off-site.
iv) Ensure the Quality of materials and workmanship and augment Safety and quality plans based
on gap analysis from the Site Engineers.
v) Keep track of block requirements and prevent Block Burst.
vi) Visit the sites for optimization of resources including blocks.
vii) Coordinate with Railways for handing over of sites to the contractors.
viii) Ensure prompt measurements and timely generation of bills.

7.3.3 Resident Engineer (S&T/ Electrical):

The Resident Engineer (S&T/Electrical) shall:
i) Monitor the works carried out by the Site Engineers throughout the Division.
ii) Ensure and monitor the availability of materials and manpower, from Railways as well as
Contractors.
iii) Ensure the Safety at workplace, both onsite and off-site.
iv) Ensure the Quality of materials and workmanship and augment Safety and quality plans based
on gap analysis from the Site Engineers.
v) Keep track of block requirements and prevent Block Burst.
vi) Visit the sites for optimization of resources including blocks.
vii) Coordinate with Railways for handing over of sites to the contractors.
viii) Ensure prompt measurements and timely generation of bills.

7.3.4 Site Engineer (Civil/S&T/ Electrical):

The Site Engineer (Civil/S&T/Electrical) shall:
i) Supervise the works of contractors.
ii) Coordinate with Contractors and Railways for availability of resources in advance, so that the
Project completion schedules are adhered to.

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iii) Plan for blocks and ensure that all required resources are in place before the blocks are taken.
iv) Be Responsible for enforcement of onsite safety as per Safety Plan and identification of gaps.
v) Be Responsible for enforcement of onsite Quality assurance plan and identification of gaps.
vi) Carry out prompt measurements.

7.3.5 Quality Control Manager:

The Quality Control Manager shall:
i) Be Responsible for Quality assurance & quality control of the Materials as well as works
executed.
ii) Gain understanding of Railway’s requirements and needs and convert the same into a Quality
Assurance plan.
iii) Study the Quality assurance plan available with the Railway Contractors, improve and review
the same as Per Railway’s requirements.
iv) Impart Training to Railway’s and Contractor’s personnel on the Quality assurance plan.
v) Set up requirements for raw materials, finished materials from the Contractors and Railways and
monitor the compliance.
vi) Inspect Raw materials, Manufacturing process and semi-finished/ finished materials at various
stages both off-site as well on-site.
vii) Supervise the execution of works and thereby ensure that the Quality Assurance plan is
adhered to at all stages. Generate & address to the non-compliances and carry out necessary
measures to prevent their recurrence.
viii) Maintain documentation for Management information system and carry out Statistical
analysis.
ix) Gain feedbacks from Railways, attend all meetings called by Team leader, Resident Engineer
and Railways.
x) Ensure that the legal obligations are followed and shall ensure compliances with regulatory
bodies and Health and Safety guidelines.

7.3.6 Safety Manager:

The Safety Manager shall:
i) Understand the Requirements and needs of Railways on Safety aspects and shall stay updated on
the latest Government Regulations on Safety and Industrial Safety standards.
ii) Create Safety Policies as per the extant Safety Methods/ Standards including fire prevention
plan duly considering the Railway’s requirements and prepare SHE (Safety Health and
Environment) Manual.
iii) Impart Training to Railway’s and Contractor’s personnel on the SHE Manual and basic life
support system.
iv) Continuously inspect worksites as a part of Hazard identification and Risk Assessment (HIRA)
& recommend corrective measures and deliberate the modality of implementation of the
recommended measures with the Team Leader, Resident Engineer, and Site Engineers.
v) Assess and approve Contractors’/Sub-contractors’ Safety Plan.
vi) Inspect and verify tools/equipment, machineries etc., to ensure adherence to the Safety Plan.
vii) Carry out drills and exercises for managing emergency circumstances and measurements of
responses and thereby take corrective actions.
viii) Conduct investigations on accidents and prepare safety report with corrective
recommendations to avoid its recurrence.
ix) Identify and analyse near miss cases and suitably recommend corrective actions for the same.
x) Respond to the workers’ safety concern and escalate it to the Team Leader and Railway
officials.
xi) Establish and maintain Health and Safety communication structure.

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xii) Gain feedbacks from Railways, attend all meetings called by Team leader, Resident Engineer
and Railways.
xiii) Monitor and maintain all safety related documents.
Coordinate with Team Leader and Railways regarding matters pertaining to Hazardous
Materials/Waste.
7.3.7 Draftsman cum CAD Operator:
The Draftsman cum CAD Operator shall:
i) Co-ordinate with the Engineers to gather the requirements of the work and their designs.
ii) Create detailed designs and model using CAD software and other tools to create three
Dimensional (3D) models of structures, buildings, equipment.
iii) Design drawings, maps or layouts to illustrate workflow.
iv) Study/Review the drawings submitted by Railways/ Contractor and take corrective action, as
per Railway’s requirement.
v) Prepare and review rough sketches and review them along with the Engineering team.
vi) Identify potential manufacturing/ execution issues and take corrective actions.
vii) Be Responsible for the complete documentation including creation of Manuals, processes
including execution methodology.
viii) Interact with other members of the PSSA team to understand the requirements of the projects
and provide necessary assistance to Railways/ PSSA team for the completion of the project.

The qualifications and experience of personnel required are indicated in Clause 10 for respective
positions.

7.4 Setting up of Project Management Office:

7.4.1 The PROJECT SUPERVISION SERVICES AGENCY will set up a Project Supervision
Office (PSO) at Site led by the Team Leader cum Project Manager supported by personnel to
perform the Services.2
7.4.2 [Authority will provide office space free of cost at [Site/Authority Office] with furniture
(tables, chairs and almirahs) for [6] persons workstations and access to a meeting room free of
charges or the same shall be included in the Financial Bid as reimbursable cost as per
Appendix-II. Authority will not provide stationary, computers, printers, copiers, LAN, and
Internet connection. All assets and facilities provided by the Authority shall remain vested with
the Authority at all time, and PSSA shall have no claim over it. The Contractor implementing
the Project shall give the PROJECT SUPERVISION SERVICES AGENCY and its
authorized personnel access, facilities, for carrying out their obligations under this Agreement.]

7.4.3 Safety equipment like safety shoes, jacket, helmets etc for PSSA staff (over and above that
provided by the contractor) may be procured by the PSSA (to ensure that each and every
personnel of the PSSA is provided with safety equipment) of after obtaining prior approval of
the Employer or the same shall be provided by the PSSA on the instructions of the Employer
and the expenditure incurred on the same shall be reimbursed.

2
If the Project Site is spread far and requires, the clause may be replaced by “ PROJECT SUPERVISION
SERVICESAGENCY will establish a Project Management Office (PMO) at Site led by the Team Leader
supported by PSS personnel and also establish other site offices for deployment of PSS personnel as required or
required under the Works Agreement to perform the Services for implementation of the Project.

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7.4.4 The PROJECT SUPERVISION SERVICES AGENCY will be responsible for executing
consistent, effective & transparent strategy for implementation of the project. Within the first
thirty days from the Effective Date of the PSSA, the PROJECT SUPERVISION SERVICES
AGENCY shall present a Project Implementation Plan (PIP). The PIP shall establish Project
Management Processes & tools shall address the following key areas:

(i) Team mobilization & Interfaces with Authority.

(ii) Communication Protocols - facilitation of communications contract management,

Procurement.

(iii) Project Management Information System (PMIS)

(iv) Establish a Project Delivery Plan including how the different stages of each
projectcomponent will be managed.

(v) Health & Safety Plan.

(vi) Environmental Management Plan

(vii) Define Monitoring Tools & reporting systems to govern the progress of the project -
alert set points, trend reports, hierarchy for escalation of issues & change management.

(viii) Define Document Control System - Identify the various stakeholders, including but not
limited to, individual project component bidders and elements such as projects,
contracts & services, required to deliver the project together with their interface
relationships.

8. Miscellaneous

8.1 A copy of all communications; comments; instructions; Drawings or Documents sent by the
PROJECT SUPERVISION SERVICES AGENCY to the Contractor; and a copy of all the
test results with comments of the Authority Engineer thereon; shall be furnished by the
Authority Engineer to the Authority forthwith.

8.2 The PROJECT SUPERVISION SERVICES AGENCY shall retain at least one copy each of
all Drawings and Documents received by it; including ‘as-built’ Drawings; and keep them in its
safe custody.

8.3 Within 90 (ninety) days of the Project Completion Date; the PROJECT SUPERVISION
SERVICES AGENCY shall obtain a complete set of as-built Drawings; in 2 (two) hard copies
and in micro film form or in such other medium as may be acceptable to the Authority;
reflecting the Project as actually designed; engineered and constructed; including an as-built
survey illustrating the layout of the Project and setback lines; if any; of the buildings and
structures forming part of Project Facilities; and shall hand them over to the Authority against
receipt thereof.

8.4 The PROJECT SUPERVISION SERVICESAGENCY; if called upon by the Authority or the
Contractor or both; shall mediate and assist the Parties in arriving at an amicable settlement of
any Dispute between the Parties.

8.5 The PROJECT SUPERVISION SERVICES AGENCY shall inform the Authority and the

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 Schedule – 1: Form of Agreement

Contractor of any event of Contractor’s Default within one week of its occurrence.

9 Weekly & Monthly Meetings:

Weekly and monthly meetings to be held at site and Authority HQ. The Project Manager and
such other Manpower as deemed necessary by the PROJECT SUPERVISION SERVICES
AGENCY shall participate in these meetings. Authority may require the Manpower deployed
for the project to visit the Authority’s office in ADRA Division/Headquarters, for further
consultations. In case Key Personnel is required to visit outstation (out of [Project Site,
Division/Zonal Railway Headquarter]), travel, boarding and lodging expenses will be
reimbursed for the Key Personnel [as per conditions mentioned in the Appendix-II Financial
Bid].

10 Manpower Deployment:

10.1.The manpower listed below is indicative13 required to be deployed by the PROJECT

SUPERVISION SERVICES AGENCY

SN Designation Nos. Location Minimum required Educational qualifications

and/or experience

1. Team Leader cum 1 Site (i) Graduate Degree in Civil Engineering

Project with minimum of 15 years’ experience
Manager14 in construction industry.
OR
(ii) A retired Engineer from Railway /PSU
with at least 3 year’s experience in JA
Grade and above in Railways and /or as
JGM and above in Engineering
department of RITES/IRCON/RVNL
or equivalent grade in Konkan
Railway/MRVC/DFCCIL/any JVs or
SPVs with Ministry of Railways, any
Metro Rail Corporation either
individually or combined.
Note- The experience (ii) above sell be added
to any experience under (i), to meet the
requirement under (i) for assigning of marks.
2. Resident Engineer (Civil) 1 Site (i) Graduate Degree in Civil
Engineering with minimum of 10 years’
experience in construction industry or
Diploma in Civil Engineering with
minimum of 15 years’ experience in
construction industry.
OR
(ii) A retired Engineer from Railway /PSU
with at least 7 years’ experience in
either in gazetted cadre of Engineering
department of Railways and/or as
Manager and above in civil engineering

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 Schedule – 1: Form of Agreement

department in RITES/IRCON/RVNL or
equivalent grade in Konkan
Railway/MRVC/DFCCIL/ any JVs or
SPVs with Ministry of Railways, any
Metro Rail Corporation either
individually or combined.
Note- The experience (ii) above sell be added to
any experience under (i), to meet the
requirement under (i) for assigning of marks.
3. Site Engineer P. 05 Site Master/Graduate Degree in Civil Engineering
Way(Civil) OR Diploma in Civil Engineering with
minimum experience of 01 years .

4. Site Engineer 05 Site Master/Graduate Degree in Civil Engineering

Works/Bridge(Civil) OR Diploma in Civil Engineering with
minimum experience of 01 years .

5 Draftsman cum CAD 01 Site Diploma in Civil Engineering and should have
Operator (Civil). undergone professional training in CAD
software with Minimum experience of 1 years
of working as Draftsman cum CAD operator.

6 Architect 01 Diploma in Architecture and should have

Site/Office undergone professional training in CAD
software with Minimum experience of one
year in town planning.

7 Multi-Tasking Staff 02 Office Minimum Std. X pass with computer

knowledge and should be conversant in
work with MS office.

13
The indicative list may be customized as per the requirement of the Project on case-to-case basis.
14
Team Leader cum Project Manager and at least one of the Key Personnel in the list shall have
experience of handling project planning and monitoring using MS Project/Prima Vera or any other
equivalent software for the scheduling and monitoring purpose in addition to the qualification n and
experience prescribed for the personnel.

10.2. Deployment schedule for each Key Personnel should be formulated and incorporated in the
Technical Bid. The actual deployment of PSSA personnel shall be as per the LoA issued in
terms of Clause 3.8.1andwhich will be reviewed and revised by the Authority, if required on
monthly basis for subsequent (3) three months with Authority for deployment purposes based
on the progress and project requirements(the, “Deployment Schedule”).

10.3. The PSSA may be required to deploy other personnel who are experts in their field also for the
project for specific needs. Their deployment shall be arranged by the PSSA on specific
requisition from the Authority and the payment shall be made as per the actual deployment.
Such specialist experts shall be paid at the rate of remuneration payable to such new PSSA’s
personnel based on the rates for other position which require similar qualifications and
experience with mutual consent. If required, Authority may require/agree for additional

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 Schedule – 1: Form of Agreement

deployment of similar personnel identified in the bid and in such cases payment to the PSSA
shall be based on the remuneration of such personnel in the Agreement.

11. Terms & Conditions of Payment and Deployment:

11.1. Payments to the PSSA shall be made as per the Payment Schedule (Annexure-3)

a) Remuneration for the Key Personnel shall be determined on the basis of the Deployment
Schedule and days actually spent as deployed by such Key Personnel in the performance
of the Services from Effective Date. Remuneration for periods of less than one month
shall be calculated on a calendar day basis for the period deployed for part of the month.

b) Notwithstanding anything to the contrary stated in the Agreement, it shall be mandatory

to deploy the Key Personnel as per the Man- Months Input specified in the Terms of
Reference unless specifically informed by the Authority for any changes in the
Deployment Schedule, through a notice of atleast 30(thirty) days in advance. Monthly
payments as per Clause (a) above will be subject to further deduction as per Clause (c)
below in case of Inadequate deployment of Key Personnel. . The Key Personnel shall be
considered to be inadequately deployed if he/she is not present for atleast 80% (eighty
percent) of the days stipulated in that calendar month, as per the Man Months Input in the
Terms of Reference and the Deployment Schedule proposed by the PROJECT
SUPERVISION SERVICES AGENCY and approved/modified by the Authority.

c) The reduction or deduction of the amount @20% (twenty percent) of the monthly
payment due as the case may be shall be made against such Key Personnel mentioned in
S. No (b) above during the monthly billing. For the avoidance of doubt, the monthly
payment due as mentioned above for reduction/deduction against such Key Personnel
shall be considered as the payment due to the PSSA as per the Deployment Schedule for
the concerned month.

11.2. The deployment of manpower shall be as per terms and conditions given as under:

An attendance system for PSSA’s personnel shall be developed by the PROJECT

SUPERVISION SERVICES AGENCY and approved by the Authority All PSSA’s personnel
shall use such attendance system for marking their daily attendance. A copy of monthly
attendance records shall be attached with Monthly Status Report. Proper justification shall be
provided for cases of absence of Key Personnel which do not have prior approval from the
Authority.

(i) Man-months input for Key Personnel of the PROJECT SUPERVISION

SERVICESAGENCY:
The proposed manpower deployment for this period shall be matching the activities to be
performed during the said period of engagement of PSSA for PSS. The manpower deployed
should preferably reside in the vicinity of the site office. The proposed time frame for
Services during the deployment of Key Personnel during this period is shown in Appendix-II,
Financial Bid Form-1. Extension of time for providing PSS by PSSA may be extended

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 Schedule – 1: Form of Agreement

concurrently with the extension granted to WORKS Contractor, if any, to the WORKS
Contractor for the project, subject to satisfactory performance of the PSSA.

It is understood that the remuneration rates shall cover such salaries and allowances as the
PSSA shall have agreed to pay to the Key Personnel as well as overheads, travelling costs, IT
equipment, stationary, communication etc.

Remuneration for periods of less than one month shall be calculated on a calendar-day basis.

(ii) Substitution: The proposed Key Personnel as envisaged above, shall remain deployed
and available for the Project till the issuance of Completion Certificate and Defects
Liability Period respectively, for the Project. For any substitution, provisions as per
Clause 3.11 of the PSSA Agreement shall be applicable.

Appointment of PSSA Page 82 of 121

 Schedule – 1: Form of Agreement

Annexure-2

Financial Bid (Cost of Services)

(Refer Clause 2.7)

Reproduce as per Financial Bid Form-1 of Appendix-II

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 Schedule – 2: Form of Agreement

Annexure-3
Payment Schedule
(Refer Clause11 of TOR)

1. Mode of Billing and Payment:

Billing and payments in respect of the Services shall be made as follows:

a) As soon as practicable and not later than fifteen (15days)after the end of each calendar
month during the period of the Services, the PSSA shall submit to the Authority,
induplicate, itemized statements, and other appropriate supporting materials, of the
amounts payable for such month.

b) The Authority shall cause the payment of the PSSA periodically as given in schedule of
payment above as per the actual deployment and along with any deduction/reduction in
terms of Clause 11.1within thirty (30) days after the receipt by the Authority of bills with
supporting documents. Only such portion of a monthly statement that is not satisfactorily
supported may be withheld from payment. Should any discrepancy be found to exist
between actual payment and payment payable to the PSSA, the Authority may add or
subtract the difference from any subsequent payments.

c) The payment for amounts against the Reimbursable Costs as per financial bid approved
for the reimbursement of expenses shall be limited to the amounts indicated in the
financial bid. Along with the monthly bills against the deployment as above, the PSSA
shall submit to the Authority, in original and a duplicate copy, itemized statements
accompanied by receipted GST invoices, vouchers and other appropriate supporting
materials of the amounts payable to the PSSA for such month.15

d) The final payment under the PSS shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the PSSA and approved as
satisfactory by the Authority. The PSSA shall be deemed completed and finally accepted
by the Authority and the final report and final statement shall be deemed approved by the
Authority as satisfactory ninety (90) calendar days after receipt of the final report and
final statement by the Authority unless the Authority, within such ninety (90)day period,
gives written notice to the PSSA specifying in detail deficiencies in the PSSA, the final
report or final statement. The PSSA shall there upon promptly make any necessary
corrections, and upon completion of such corrections, the foregoing process shall be
repeated. Any amount which the Authority 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 PSSA to the Authoritywithin30
(thirty) days after receipt by the PSSA of notice thereof. Any such claim by the Authority
for reimbursement must be made within 12 (twelve) calendar months after receipt by the
Authority of a final report and a final statement approved by the Authority in accordance
with the above.

To be included only if the reimbursement of expenses is also envisaged against the estimate of costs in the Financial Bid

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 Schedule – 2: Form of Agreement

Annexure-4
Bank Guarantee for Performance Security

PROFORMA FOR BANK GUARANTEE FOR PERFORMANCE SECURITY

CHIEF PROJECT MANAGER, GATISHAKTI

ADRA DIVISION
SOUTH EASTERN RAILWAY
DRM OFFICE, ADRA - 723121., Date of Issue:
Guarantee Reference:

Bank Guarantee for Performance Security

In consideration of [name and address of Authority as mentioned in KIT](hereinafter referred as the

Authority/Client, which expression shall, unless repugnant to the context or meaning thereof include its
successors, administrators and permitted assigns) having awarded to M/s ……………….
having its Office at (hereinafter referred to as the PROJECT SUPERVISION SERVICES AGENCY
which expression shall be repugnant to the context or meaning thereof, include its successors,
administrators, executors and
assigns), a contract by issue of clients Letter of Award No. Dated and the same having
been unequivocally accepted by the PROJECT SUPERVISION SERVICESAGENCY, resulting in a
contract valued at Rs.
(Rupees ) excluding GST for for providing PROJECT SUPERVISION SERVICES
for[*******]
(hereinafter called the contract), and the PROJECT SUPERVISION SERVICES AGENCY having
agreed to furnish a Bank Guarantee to the client as Performance Security as stipulated by the Client in
the said contract for
performance of the above contract amounting to Rs. (Rupees )

We, the , having its Registered Office at (herein after referred to as The Bank which expression shall,
unless repugnant to the context or meaning thereof, include all its successors, administrators, executors
and permitted assignees) do hereby Guarantee and undertake forthwith pay to the Client, in full,
without any deductions, set-off or counter claim whatsoever to pay the Client immediately on
First Demand any or, the sum claimed by the Client which shall not exceedRs. /- (Rupees ) as aforesaid
at any time upto without any
demur, reservation, contest, recourse or protest and / or without any reference to or enquiry from the
PROJECT SUPERVISION SERVICESAGENCY. Any such demand made by the Client on the Bank
shall be conclusive and binding notwithstanding any difference between the Client and the PROJECT
SUPERVISION SERVICES AGENCY or any dispute pending before any Court, Tribunal, Arbitrator
or any other Authority, we agree that the Guarantee herein contained shall be irrevocable and shall
continue to be enforceable till the Client discharges this Guarantee or upto…….. , whichever is earlier.

The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this
Guarantee, from time to time to vary or to extend the time for performance of the contract by the
PROJECT SUPERVISION SERVICESAGENCY. The Client shall have the fullest liberty without

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 Schedule – 2: Form of Agreement

affecting this Guarantee, to postpone from time to time the exercise of any powers vested in them or of
any right which they might have against the PROJECT SUPERVISION SERVICES AGENCY and to
exercise the same at any time in any manner, and either to enforce or to forbear to enforce any
covenants, contained or implied, in the contract between the Client and the PROJECT SUPERVISION
SERVICES AGENCY any other course or remedy or security available to the Client.

The Bank shall not be relieved of its obligations under these presents by any exercise by the Client of
its liberty with reference to the matters foresaid or any of them or by reason of any other Act or
forbearance or other acts of omission or commission on the part of the Client or any other indulgence
shown by the Client or by any other matter or thing whatsoever which under law would but for this
provision have the effect of relieving the Bank.

The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the PROJECT
SUPERVISION SERVICES AGENCY and notwithstanding any security of other guarantee that the
client may have in relation to the PROJECT SUPERVISION SERVICES AGENCY’s liabilities.

The Client shall be entitled to make unlimited number of demands under this Bank Guarantee, provided
that the Aggregate of all sums paid shall not exceed the Guaranteed amount.

The Bank shall make the payment hereunder against the receipt of a demand without any proof for
document, notwithstanding any dispute by the PROJECT SUPERVISION SERVICESAGENCY, and
such a demand shall be a conclusive evidence of the Banks liability to pay the Client.

The Bank Guarantee shall be continuing irrevocable obligation during its currency.

Any waivers, extensions of time or other forbearance given or variations required under the contract or
any invalidity, unenforceability or illegality of the whole or any part of the contract or rights, of any
party thereto, or amendment or other modification of the contract, or any other fact, circumstance,
provision of statue of Law which might, entitle the Bank to be released in whole or in part from its
undertaking, were its liability to be secondly and not primary, shall not in any way release the Bank
from its obligations under this Bank Guarantee.

Any demands, shall be deemed to have been duly served:

If delivered by hand, when left at the property address for service; and if given or made by pre-paid
Registered Post, when received, provided in any scenario the same is received by the Bank on or
before. This Bank Guarantee shall be governed by and construed in accordance with the Laws of the
republic of India and the parties to this Bank Guarantee hereby submit to the jurisdiction of the courts
of Bangalore for the purposes of setting any disputes or differences which may arise out of or in
connection with this Bank Guarantee, and for the purposes of enforcement under this Bank Guarantee.

Notwithstanding anything contained herein.

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 Schedule – 2: Form of Agreement

A) Our liability under this Bank Guarantee is limited to Rs…….. (Rupees………… ) and it shall
remain in force up to and including date and may be extended from time to time for such period as
may be desired byM /s. , on whose behalf this Guarantee has been given.

B) This Bank Guarantee shall be valid upto.

C) We are liable to pay the Guaranteed amount or any part thereof under this Bank Guarantee only
and only if you serve upon us a Written Claim or demand on or before.

Place: Date:

For Bank

**********

Appointment of PSSA Page 87 of 121

 Schedule – 2: Form of Agreement

Annexure –5
Para 2.3 of the Instructions to Bidders

(Bank Guarantee for Bid Security)

Bank Guarantee Bond from any scheduled commercial bank of India
(On non-judicial stamp paper, which should be in the name of the Executing Bank).

Name of the Bank: ----------

President of India,
Acting through CHIEF PROJECT MANAGER,
GATI SHAKTI UNIT, ADRA DIVISION,
SOUTH EASTERN RAILWAY,

Beneficiary: FA & CAO, Garden Reach, Kolkata -43, South Eastern Railway

Date:......................................................

Bank Guarantee Bond No.: Date:---------

In consideration of the President of India acting through CHIEF PROJECT MANAGER, GATI SHAKTI
UNIT, ADRA DIVISION, SOUTH EASTERN RAILWAY, DRM OFFICE, ADRA -723121 (hereinafter
called “The Railway”) having invited the bid for PSSA through Request for Proposal (RFP)
No.._____________, We have been informed that . . . . . [Insert name of the Bidder]............
(hereinafter called "the Bidder") intends to submit its bid (hereinafter called "the Bid") .
WHEREAS, the Bidder is required to furnish Bid Security for the sum of [Insert required Value of Bid
Security], in the form of Bank Guarantee, according to conditions of Bid.
AND
WHEREAS, ............[Insert Name of the Bank], with its Branch ...............[Insert Address] having its
Headquarters office at........ [Insert Address], hereinafter called the Bank, acting through
..............[Insert Name and Designation of the authorised persons of the Bank], have, at the request of
the Bidder, agreed to give guarantee for Bid Security as hereinafter contained, in favour of the Railway:
1. KNOW ALL MEN that by these present that I/We the undersigned [Insert name(s) of authorized
representatives of the Bank], being fully authorized to sign and incur obligations for and on
behalf of the Bank, confirm that the Bank, hereby, unconditionally and irrevocably guarantee to
pay to the Railway full amount in the sum of [Insert required Value of Bid Security] as above
stated.
2. The Bank undertakes to immediately pay on presentation of demand by the Railway any amount
up to and including aforementioned full amount without any demur, reservation or recourse. Any
such demand made by the Railway on the Bank shall be final, conclusive and binding, absolute
and unequivocal on the Bank notwithstanding any disputes raised/ pending before any Court,
Tribunal, Arbitration or any Authority or any threatened litigation by the Bidder or Bank.
3. The Bank shall pay the amount as demanded immediately on presentation of the demand by
Railway without any reference to the Bidder and without the Railway being required to show
grounds or give reasons for its demand of the amount so demanded.

4. The guarantee hereinbefore shall not be affected by any change in the constitution of the Bank or
in the constitution of the Bidder.
5. The Bank agrees that no change, addition, modifications to the terms of the Bid document or to
any documents, which have been or may be made between the Railway and the Bidder, will in any
way absolve the Bank from the liability under this guarantee; and the Bank, hereby, waives any
requirement for notice of any such change, addition or modification made by Railway at any time.

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 Schedule – 2: Form of Agreement

6. This guarantee will remain valid and effective from…….…….[insert date of issue]till
………..[insert date, which should be minimum 90 days beyond the expiry of validity of Bid].
Any demand in respect of this Guarantee should reach the Bank within the validity period of Bid
Security.

7. The Bank Guarantee is unconditional and irrevocable.

8. The expressions Bank and Railway herein before used shall include their respective successors and
assigns.

9. The Bank hereby undertakes not to revoke the guarantee during its currency, except with the
previous consent in writing of the Railway. This guarantee is subject to the Uniform Rules for
Demand Guarantees, ICC Publication No.758.

10. The Bank hereby confirms that it is on the SFMS (Structured Financial Messaging System) and
shall invariably send the advice of this Bank Guarantee to the following bank details –

IFSC CODE SBIN000RAIL

IFSC TYPE BRANCH
BANK NAME STATE BANK OF INDIA
BRANCH NAME RAIL
CITY NAME NAVI MUMBAI
ADDRESS SECTOR-11, CBD BELAPUR, NAVI MUMBAI
DISTRICT NAVI MUMBAI
STATE MAHARASHTRA
BG ENABLED YES

11. The Guarantee shall be valid in addition to and without prejudice to any other security
Guarantee(s) of Bidder in favour of the Railway. The Bank, under this Guarantee, shall be deemed
as Principal Debtor of the Railway.

Date ………… ………………………………………

Place…………. Bank’s Seal and authorized signature(s)
[Name in Block letters] ………………....
[Designation with Code
No.]……………..……

[P/Attorney] No.

Witness:
1 Signature, Name & Address & Seal
2 Signature, Name & address & Seal Bank’s Seal

[P/Attorney]No.

Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be deleted from
the final document.

Appointment of PSSA Page 89 of 121

 APPENDICES

Appointment of PSSA Page 90 of 121

 APPENDIX-I
Technical Bid Form – 1: Letter Comprising the Bid

(On Bidder’s letter head)

(To be submitted in as per Clause 3.4 (d) and as well as uploading as part of Technical Bid)
(Date and Reference)
To,

CHIEF PROJECT MANAGER, GATISHAKTI

ADRA DIVISION SOUTH EASTERN RAILWAY
DRM OFFICE
ADRA-723121,

Sub: Appointment of PROJECT SUPERVISION SERVICES AGENCY for providing PROJECT

SUPERVISION SERVICES for THE PROJECTS OF GATI SHAKTI UNIT, ADRA
DIVISION.

Ref.: RFP No.

Dear Sir,

1. With reference to your RFP Document dated _________ I/We, having examined all relevant
documents and understood their contents, hereby submit our Bid for selection of PROJECT
SUPERVISION SERVICES AGENCY for providing project supervision services for [*******].
The Bid is unconditional and unqualified.

2. All information provided in the Bid and in the Appendices is true and correct and all documents
accompanying such Bid are true copies of their respective originals.

3. This statement is made for the express purpose of engagement as the PROJECT SUPERVISION
SERVICES AGENCY for the aforesaid Project.

4. I/We shall make available to the Authority any additional information it may deem necessary or
require for supplementing or authenticating the Bid.

5. I/We acknowledge the right of the Authority to reject our Bid without assigning any reason or
otherwise and hereby waive our right to challenge the same on any account whatsoever.

6. We certify that in the last five years, we have neither failed to perform on any contract, as
evidence by imposition of a penalty or a judicial pronouncement or arbitration award, nor been
expelled from any project or contract nor have had any contract terminated for breach on our part.

7. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Document, including any
Addendum issued by the Authority;
(b) I/We do not have any conflict of interest in accordance with Clause 2.8 of the RFP;

Appointment of PSSA Page 91 of 121

 (c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in
respect of any tender or request for proposal issued by or any agreement entered into with
the Authority or any other public sector enterprise or any Government, Central or State; and

(c) I/We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.

8. I/We understand that you may cancel the Selection Process at any time and that you are neither
bound to accept any Bid that you may receive nor to select the Bidder, without incurring any
liability to the Bidder(s).

9. I/We declare that we/any member of the consortium, are/is not a Member of a/any other
Consortium applying for Selection as an PROJECT SUPERVISION SERVICESAGENCY.

10. I/We certify that in regard to matters other than security and integrity of the country, we have not
been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority
which would cast a doubt on our ability to undertake the PSSA for the Project or which relates to
a grave offence that outranges the moral sense of the community.

11. I/We further certify that in regard to matters relating to security and integrity or the country, we
have not been charge-sheeted by any agency of the Government or convicted by a Court of Law
for any offence committed by us or by any of our Associates.

12. I/We further certify that no investigation by a regulatory authority is pending either against us or
against our Associates or against our CEO or any of our Directors/Managers/employees.

13. I/We hereby irrevocably waive off right which we may have at any stage at law or whatsoever
otherwise arising to challenge or question any decision taken by the Authority and/ or the
Government of India in connection with the selection of the Bidder or in connection with the
Selection process itself in respect of the above-mentioned Project.

14. The Bid Security of Rs. -----------------/- (Rupees ------------------------------------ only) has been
deposited in accordance with the RFP document.

15. I/We agree and understand that the Bid is subject to the provisions of the RFP document. In no
case, shall I/We have any claim or right to whatsoever nature if the PSSA for the Project is not
awarded to me/us or our Bid is not opened.

16. I/We agree to keep this offer valid for [120] days from the tender submission date specified in the
RFP.

17. In the event of my/our being selected as the Bidder, I/We agree to enter into an Agreement in
accordance with the format Schedule of the RFP. We agree not to seek any changes in the
aforesaid Form and agree to abide by the same. We also confirm that the Team Leader is on our
payroll and all other Key Personnel if not on our payroll, shall be directly employed/engaged by
us before the commencement of Services in terms of this Agreement.

Appointment of PSSA Page 92 of 121

18. I/We have studied the RFP and all other documents carefully and also surveyed the Project site.
We understand that except to the extent as expressly set forth in the Agreement, we shall have no
claim, right or title arising out of any documents or information provided to us by Authority or in
respect of any matter arising out of or concerning or relating to the Selection Process including
the award of PSSA.

19. I/We have read the clause regarding restriction on procurement from a bidder of a country which
shares a land border with India and certify that I/We am/are not from such a country or, if from
such a country, has been registered with the competent Authority. I/We hereby certify that I/we
fulfills all the requirements in this regard and am/are eligible to be considered (evidence of valid
registration by the competent authority is enclosed).

20. I / We understand that if at the time of evaluation of the Bid or during execution of the contract,
any declaration regarding local content, submitted thorough the relevant form as provided is
found to be false, the Bidder shall be banned from submission of bids in any works/ services
tender issued by Ministry of Railways for a period of upto5 years from the date of such banning
done along with such other actions as may be permitted by law.

21. I / We also undertake that the 'Local Content' added in the entire consultancy services will be
submitted along with the final bill. Declaration for 'Local content' in terms of 'Public Procurement
(Preference to Make in India) Order 2017', as amended, issued by Department of Industrial Policy
and Promotion under Ministry of Commerce and Industry. The offer submitted
meets the 'Local Content' requirement as prescribed under the KIT. The percentage of local
content is--------% of the total contract Value.16

22. I/We agree and undertake to abide by all the terms and conditions of the RFP Document. In
witness thereof, I/We submit this Bid under and in the accordance with the terms of the RFP
Document.
Yours faithfully,
(Signature of the Authorized Signatory)

(Name and designation of the Authorized Signatory)

(Name and seal of the Bidder)

Encl: 1. Bid Security

2. Other Bid Forms

.
16
Please retain, as applicable.

Appointment of PSSA Page 93 of 121

 APPENDIX-I
Technical Bid Form – 2: Particulars of the Bidder
(Refer Clause 2.13)

1.1 Title of PSSA:

Providing PROJECT SUPERVISION SERVICES for [*******]
1.2 Title of Project:
[*******]
1.3 State whether applying as Sole Firm or Lead Member of a consortium:
Sole Firm
or
Lead Member of a consortium Yes/No
1.4 State the following:
Name of Company or Firm:
Legal status (e.g., incorporated private company, unincorporated business, partnership etc.):
Country of incorporation:
Registered address:

Year of Incorporation:
Year of commencement of business:
Principal place of business:
Brief description of the Company including details of its main lines of business
Name, designation, address and phone numbers of authorised signatory of the Bidder:
Name:
Designation:
Company:
Address:
Phone Number:
E-Mail Address :
Fax Number:
1.5 If the Bidder is Lead Member of a consortium, state the following foreach of the other
Member Firms:
(i) Name of Firm:
(ii) Legal Status and country of incorporation
(iii) Registered address and principal place of business.
1.6 For the Bidder,(in case of a consortium, for each Member) state the following information:
i)In case of non-Indian company, does the company have business presence in India?
Yes/No
If so, provide the office address(es) in India.

ii) Has the Bidder or any of the Members in case of a consortium been penalized by any
organization for the poor quality of work or breach of contract in the last five years?

iii) Has the Bidder/Member ever failed, in last five years, to complete any work awarded to it
by any public authority/ entity in last five years?
Yes/No

Appointment of PSSA Page 94 of 121

 iv) Has the Bidder or any member of the consortium been blacklisted by any Govt.
department/Public Sector Undertaking in the last five years and such blacklisting exist as
on Bid Due Date?
Yes/No
v)Has the Bidder, or any of the Members, in case of a consortium, suffered
bankruptcy/insolvency in the last five years?
Yes/No

Note: If answer to any of the questions at ii) to v) is yes, the Bidder is not eligible forthis PSSA.
1.7 Does the Bidder’s firm/company (or any member of the consortium)combine functions as a
consultant or designer along with the functions as a contractor and/or a manufacturer?
Yes/No
If yes, does the Bidder(and other Member of the Bidder’sconsortium)agree to limit the
Bidder’s role only to that of a consultant/ adviser to Authority and to disqualify themselves,
their Associates/ affiliates, subsidiaries and/or parent organization subsequently from work
on this Project in any other capacity?
Yes/No
1.8 Does the Bidder intend to borrow or hire temporarily, personnel from contractors,
manufacturers or suppliers for performance of the Consulting Services?
Yes/No
If yes, does the Bidder agree that it will only be acceptable as PSSA, if those contractors,
manufacturers and suppliers disqualify themselves from subsequent execution of work on
this Project (including tendering relating to any goods or services for any other part of the
Project) other than that of the PSSA?
Yes/No
If yes, have any undertakings been obtained (and annexed) from such contractors,
manufacturers, etc. that they agree to disqualify themselves from subsequent execution of
work on this Project and they agree to limit their role to that of consultant/ designer for
Authority only?
Yes/No
(Signature, name and designation of the authorised signatory)
For and on behalf of ………………..

Appointment of PSSA Page 95 of 121

 APPENDIX-I
Technical Bid Form – 3: Statement of Legal Capacity

(To be forwarded on the letterhead of the Bidder)

Ref. Date:
To,
___________
___________
Dear Sir,
Sub: RFP for Appointment of PSSA for providing PROJECT SUPERVISION SERVICES for
[*******].

I/We hereby confirm that we, the Bidder(along with other members in case of consortium, the
constitution of which has been described in the Bid)*, satisfy the terms and conditions laid out in the
RFP process.

I/We have agreed that _________________ (insert individual’s name) will act as our Authorised
Representative on our behalf and has been duly authorized to submit our Bid. Further, the authorised
signatory is vested with requisite powers to furnish such letter and authenticate the same.
Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of ....................

*Please strike out whichever is not applicable

Appointment of PSSA Page 96 of 121

 APPENDIX-I
Technical Bid Form – 4: Power of Attorney for Signing of the Bid

(Refer Clause 2.5 &2.6.1)

(To be executed on stamp paper of appropriate value)

Know all men by these presents, we, ......................................... (name of Firm and address of the
registered office) do hereby constitute, nominate, appoint and authorize Mr / Ms........................................
son/daughter/wife and presently residing at ........................................, who is presently employed with us and
holding the position of .................... as our true and lawful
attorney (hereinafter referred to as the “Authorised Representative”) to do in our name and on our behalf, all
such acts, deeds and things as are necessary or required in connection with or incidental to submission of our
Bid for and selection as the PROJECT SUPERVISION SERVICES AGENCY for Providing PROJECT
SUPERVISION SERVICES for [*******] including but not limited to signing and submission of all
applications, Bids and other documents and writings, participating in pre-bid and other conferences and
providing information/responses to Authority, representing us in all matters before Authority, signing and
execution of all contracts and undertakings consequent to acceptance of our Bid and generally dealing with
Authority in all matters in connection with or relating to or arising out of our Bid for the said Project and/or
upon award thereof to us till the entering into of the Agreement with Authority.

AND we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done
by our said Authorised Representative pursuant to and in exercise of the powers conferred by this Power of
Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the
powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, .................... THE ABOVE-NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ................... DAY OF ...................., 20**
(Signature)
For .......................................
(Signature, name, designation and address)
Witnesses:
1.
2.
Notarised
Accepted
........................................
(Signature, name, designation and address of the Attorney)
Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if any,
laid down by the applicable law and the charter documents of the executant(s) and when it is so
required the same should be under common seal affixed in accordance with the required procedure.
Wherever required, the Bidder should submit for verification the extract of the charter documents
and other documents such as a resolution/power of attorney in favour of the person executing this
Power of Attorney for the delegation of power hereunder on behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have to be legalised
by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being
issued. However, Bidders from countries that have signed the Hague Legislation Convention 1961
need not get their Power of Attorney legalised by the Indian Embassy if it carries a conforming
Appostille certificate.

Appointment of PSSA Page 97 of 121

 APPENDIX-I
Technical Bid Form – 5: Power of Attorney

(Refer Clause 2.5 &2.6.1)

Format for Power of Attorney for Lead Member of {Consortium/Joint Venture}
(To be executed on stamp paper of appropriate value)

Whereas the [****] (the “Authority”) has invited Bids for appointment as PROJECT SUPERVISION
SERVICES AGENCY (PSSA) for providing PROJECT SUPERVISION SERVICES for
…………….(the “PROJECT SUPERVISION SERVICES” or “PSS”).
Whereas, …………………….., …………………….., and …………………….. (collectively the
“{Consortium/Joint Venture}”) being Members of the { Consortium/Joint Venture} are interested in
Bidding for the PSSA in accordance with the terms and conditions of the Request for Proposal (RFP)
and other Bid documents including agreement in respect of the PSS, and Whereas, it is necessary for
the Members of the {Consortium/Joint Venture} to designate one of them as the Lead Member with all
necessary power and authority to do for and on behalf of the{Consortium/Joint Venture}, all acts, deeds
and things as may be necessary in connection with the {Consortium’s/Joint Venture}Bid for the PSS
and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …… having our registered office at ……., M/s. ….. having our registered office at …,M/s. …
having our registered office at ….., and ….. having our registered office at ………,(hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute,
appoint and authorize M/s ……. having its registered office at ……….,being one of the Members of
the {Consortium/Joint Venture}, as the Lead Member and true and lawful attorney of the
Consortium/Joint Venture (hereinafter referred to as the “Attorney”). We hereby irrevocably authorize
the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the {
Consortium/Joint Venture} and any one of us during the Bidding process and, in the event the
{Consortium/Joint Venture} is awarded the contract, during the execution of the Project and in this
regard, to do on our behalf and on behalf of the {Consortium/Joint Venture}, all or any of such acts,
deeds or things as are necessary or required or incidental to the pre-qualification of the {
Consortium/Joint Venture} and submission of its Bid for the Project, including but not limited to
signing and submission of all applications, Bids and other documents, signing bank Guarantee for Bid
security and writings, participate in pre Bid and other conferences, respond to queries, submit
information/ documents, sign and execute contracts and undertakings consequent to acceptance of the
Bid of the { Consortium/Joint Venture} and generally to represent the { Consortium/Joint Venture} in
all its dealings with the Authority, and/ or any other Government Agency or any person, in all matters
in connection with or relating to or arising out of the {Consortium/Joint Venture}Bid for the in all
respect PSSA and/ or upon award thereof till the Agreement is entered into with the Authority.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by
this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the
powers hereby conferred shall and shall always be deemed to have been done by us/ {Consortium/Joint
Venture}.

Appointment of PSSA Page 98 of 121

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…
For ……………………..
(Signature)
…………………..
(Name & Title)

For ……………………..
(Signature)
…………………..
(Name & Title)

For ……………………..
(Signature)
…………………..
(Name & Title)

(Executants)

(To be executed by all the Members of the {Consortium/Joint Venture})

Witnesses:
1.
2.

Notes:
The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney
is being issued .However, the Power of Attorney provided by Bidders from countries that have
signed Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it
carries a conforming Appostille certificate.

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there

Appointment of PSSA Page 99 of 121

 APPENDIX-I
Technical Bid Form – 6: Format of Joint Bidding Agreement (in case of JV
/Consortium)

(Refer Clause 2.5 &2.6.1)

(To be executed on stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ...........day of

……..AMONGST

1. [•], (a company incorporated under the Companies Act, 1956/2013 and having its registered office at]
(hereinafter referred to as the "First Part" which expression shall, unless repugnant to the context
include its successors and permitted assigns)
AND
2. [•], (a company incorporated under the Companies Act, 1956/2013 and having its registered
office at]............ (hereinafter referred to as the "Second Part" which expression shall, unless repugnant
to the context include its successors and permitted assigns)17

The above mentioned parties of the [FIRST AND SECOND] PART are collectively referred to as the
"Parties" and each is individually referred to as a "Party"

WHEREAS,
(A) Authority, (hereinafter referred to as the "Authority" which expression shall, unless repugnant to the context
or meaning thereof, include its administrators, successors and assigns) has invited proposals (the “Bids") by
its -Request for Proposal No.... dated
............(the "RFP") for appointment as PROJECT SUPERVISION SERVICESAGENCYfor
PROJECT SUPERVISION SERVICES for……..(the "PROJECT SUPERVISION
SERVICES" or “PSS”).
(B) The Parties are interested in jointly bidding for the PSSA as members of a Consortium and in
accordance with the terms and conditions of the RFP document and other bid documents in
respect of the PSSA, and
(C) It is a necessary condition under the RFP document that the members of the Consortium shall
enter into a Joint Bidding Agreement and furnish a copy thereof with the Bid.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the
meaning ascribed thereto under the RFP.

2. Consortium
a. The Parties do hereby irrevocably constitute a consortium (the "Consortium") for the
purposes of jointly participating in the selection process for the Consultancy.

17
Please include all the Members of Consortium and in line with the maximum Consortium Members allowed in the RFP

Appointment of PSSA Page 100 of 121

 b. The Parties hereby undertake to participate in the Bidding process only through this
Consortium and not individually and/ or through any other consortium constituted for this
PSSA, either directly or indirectly or through any of their Affiliates.

3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the selectedBidder and
awarded the PSSA, the Parties shall enter into a contract for consultancy services ("Contract")
with the Authority and for performing all obligations as the PROJECT SUPERVISION
SERVICES AGENCY for PSS interms of the Contract for the PSS.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:
a. Party of the First Part shall be the Member in Charge of the Consortium and shall have the
power of attorney from all Parties for conducting all business for and on behalf of the
Consortium during the selection process for the PSSA and until the Effective Date under the
Contract;
b. Party of the Second Part shall be [•].

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the PSSA and in accordance with the terms of the RFP and the Contract, for
the performance of the Contract.

6. Member in Charge or Lead Member

Without prejudice to the joint and several liabilities of all the Parties, each Party agrees that it
shall exercise all rights and remedies under the Contract through the Member in Charge I Lead
Member and the Authority shall be entitled to deal with such Member in Charge as the
representative of all Members.

Each Party agrees and acknowledges that:

a. any decision (including without limitation, any waiver or consent), action, omission,
communication or notice of the Member in Charge on any matters related to the Contract shall
be deemed to have been on its behalf and shall be binding on it. The Authority shall be
entitled to rely upon any such action, decision or communication from the Member in Charge;
b. consolidated invoices for the services in relation to the PSS performed by all the Members
shall be prepared and submitted by the Member in Charge and the Authority shall have the
right to release payments solely to the Member in Charge and the
c. Authority shall not in any manner be responsible or liable for the inter se allocation of
payments, works etc. among the Parties;
d. any notice, communication, information or documents to be provided to the PROJECT
SUPERVISION SERVICES AGENCY shall be delivered to the authorized representative of
the PSSA (as designated pursuant to the Contract) and any such notice, communication,
information or
documents shall be deemed to have been delivered to all the Parties.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:
a. Such Party is duly organised, validly existing and in good standing under the laws of
its incorporation and has all requisite power and Authority to enter into this
Agreement;

Appointment of PSSA Page 101 of 121

 b. The execution, delivery and performance by such Party of this Agreement has been authorised
by all necessary and appropriate corporate or governmental action and a copy of the extract of
the charter documents and board resolution/ power of attorney in favour ofthe person
executing this Agreement for the delegation of power and Authority to execute
c. this Agreement on behalf of the Party is annexed to this Agreement, and will not, to the best
of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to it;
(iii) violate the memorandum and articles of association, by-laws or other applicable
organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgement, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such Partyor
any of its properties or assets are bound or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests, chargesor
Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such party except for encumbrances
that would not, individually or in the aggregate, have a materialadverse effect on the
financial condition or prospects or business of such Party so as to prevent such Party
from fulfilling its obligations under this Agreement;
(a) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
(b) there is no litigation pending or, to the best of such Party's knowledge, threatened
to which it or any of its Affiliates is a party that presently affects or which would
have a material adverse effect on the financial condition or prospects or business of
such Partyin the fulfilment of its obligations under this Agreement.

8. Authorised Representation
The parties agree that, who is employed with the member in charge, or his/her nominee shall be the
authorized representative of the consortium, to do on behalf of the Consortium, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission of the
Consortium's proposal for and the PSS including but not limited to signing and submission of all
applications, proposals and other documents, participating in pre-bid and other conferences and
providing information/responses to the Authority, representing the consortium in all matters before
the Authority, signing and execution of all contracts and undertakings consequent to acceptance of
the Consortiums’ proposal and generally dealing with the Authority in all matters in connection
with or relating or arising out of the PSS.

9. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and effect
until the execution of the Contract, in case the PSS is awarded to the Consortium. However, in
case the Consortium is not selected for award of the PSS, the Agreement will stand terminated
upon intimation by the Authority that it has not been selected and upon return of the Bid Security
by the Authority.

10. Miscellaneous
a. This Joint Bidding Agreement shall be governed by laws of India.

Appointment of PSSA Page 102 of 121

 b. The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED

For and on behalf of MEMBER IN CHARGE

(Signature)
(Name)
(Designation)
(Address)

SIGNED, SEALED AND DELIVERED SECOND PART by:

(Signature)
(Name)
(Designation)
(Address)

In the presence of:

1.

2.

Notes:
The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the executant(s)
and when it is so required, the same should be under common seal affixed in accordance with the
required procedure.
Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution power of attorney in favour of the person executing this
Agreement for the delegation of power and Authority to execute this Agreement on behalf of
the Consortium Member.
For a Joint Bidding Agreement executed and issued overseas, the document shall be legalized
by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.

Appointment of PSSA Page 103 of 121

 APPENDIX-I
Technical Bid Form – 7: Financial Capacity of the Bidder

(Refer Clause 3.1.2)

S. No. Financial Year Professional (Consultancy)fees

(Refer (ending on (Rs. in Crores)
Clause 31st March)
….
1.
2.
3.
4. Total

Certificate from the Statutory Auditor$

This is to certify that ***** _____(name of the Bidder) had a Revenue from Professional Fees in
terms of the Clause 3.1.2 of the RFP is as shown above against the respective years.
Name of the audit firm:
Seal of the audit firm
Date:
(Signature, name and designation of the Authorized signatory)
$
In case the Bidder does not have a statutory auditor, it shall provide the certificate from the
independent chartered accountant/its chartered accountant that ordinarily audits the annual accounts of
the Bidder. The details of the Auditor/ Chartered Accountant along with contact details shall be
mentioned.

Note:

1. Please do not attach any printed Annual Financial Statement.

2. In case where books of accounts of the Bidder is maintained and audited on the basis of
Calendar Year. The equivalent year shall be as follows:

S.No. Financial Year (April to March) Financial Year (Jan to Dec)

1 2022-23 2022
2 2021-22 2021
3 2020-2021 2020

Appointment of PSSA Page 104 of 121

 APPENDIX-I
Technical Bid Form – 8: Particulars of Key Personnel
(Refer Clause 3.2.2)
S. Designation of Key Name Educational Length of Present No. of months on Bidder
No. Personnel Qualification Professional Employment pay roll prior to Bid Due
Experience Name Employed Date
(in years) ofFirm Since
1 KEY PERSONNEL : Project Manager
(PM) cum team Leader
2 KEY PERSONNEL:Resident
Engineer(Civil)
3 Other PERSONNEL: Site Engineer
Civil (Works/Bridge)
4 Other PERSONNEL:Site Engineer
P.Way
5 Other PERSONNEL :Draftsman cum
CAD operator (Civil)
6 Other Personnel: Architect
7 Office staff : Multi Tasking Staff

#
Refer Form 9 of Appendix I Abstract of Eligible Assignments of Key Personnel

Appointment of PSSA Page 105 of 121

 PPENDIX-I
Technical Bid Form – 9: Proposed Methodology and Work Plan

The descriptive part of submission under this will be detailed precisely under the following topics.

1) Understanding of TOR [not more than two pages]

The Bidder shall clearly state its understanding of the TOR and also highlight its important
aspects. The Bidder may supplement various requirements of the TOR and also make precise
suggestions if it considers this would bring more clarity and assist in achieving the Objectives laid
down in the TOR.

2) Methodology and Work Plan [not more than three pages]

The Bidder will submit its methodology for carrying out this PSS, outlining its approach toward
achieving the Objectives laid down in the TOR. The Bidder will submit a brief write up on its
proposed team and organisation of personnel explaining how different areas of expertise needed
for this PSS have been fully covered by its proposal. In case the Bidder is a consortium, it should
specify how the expertise of each firm is proposed to be utilised for this assignment. The Bidder
should specify the sequence and locations of important activities along with use of appropriate IT
applications for flow of information/progress, redressal mechanism/conflict management and
provide a quality assurance plan for carrying out the PSS.

3) A complete flow chart of activities shall be attached together with time schedule &manpower
deployment to meet the objective of PSS in A3 sheet.

Guidelines for Presentation:

1) Presentation shall be approximately [15 minutes]. The Presentation is not required to be submitted
as part of the Bid, however the [4] hard copies of the presentation in A4 size in color shall be
submitted at the time of presentation.
2) Indicative content of the presentation but not limited to any or all of the following points;
a. One section of the presentation shall be about the Bidder and Key Personnel proposed
to be deployed
b. One section of presentation on Proposed methodology and Work Plan, document
control, quality monitoring mechanism
c. One section of the presentation should include Key Performance Indicators to monitor
the work of the Professionals to be deployed by the PSSA.
d. One section of the presentation should list out major areas of concerns each for
authority default and contractor default and their proposed methodology/monitoring
mechanism to mitigate these delays/disputes in advance.
e. One section on complete flow chart of activities for undertaking the Services.

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

Appointment of PSSA Page 106 of 121

 APPENDIX-I
Technical Bid Form – 10: Abstract of Eligible Assignment of the Bidder#

(Refer Clause3.1.3)

S.No. Name of Name of Estimated Payment## Month and Type of Project

Project Client Capital Cost received by the Yr. of (Refer Clause
of Project (in Bidder (in Rs) for completion/ 3.1.3)
Rs) the project ongoing (%
completion)18
(1) (2) (3) (4) (5) (6) (7)
1
2
3
4
5
6
7

# The Bidder should provide details of only those projects that have been undertaken by it under its
own name. In case a Bidder desires to claim its JV/Consortium experience please refer to clause 3.1.4
of the RFP
## Exchange rate should be taken as per clause 3.1.4 of the RFP
* The names and chronology of Eligible Assignments included here should conform to the project-
wise details submitted in Form-10 of Appendix-I.

Certificate from the Statutory Auditor$

This is to certify that the information contained in Column 6 above is correct as per the accounts of the Bidder
and/ or the clients.
Name of the audit firm:
Seal of the audit firm
Date:
(Signature, name and designation of the authorised signatory)

$
In case the Bidder does not have a statutory auditor, it shall provide the certificate from
independent chartered accountant/its chartered accountant that ordinarily audits the annual
accounts of the Bidder. The details of the Auditor/ Chartered Accountant along with contact
details shall be mentioned.

Note: The Bidder may attach separate sheets to provide brief particulars of other relevant experience
of the Bidder.

18
Please refer to the provision related to substantially completed. Bidders are requested to submit documentary proof of
substantially completed through Client Certificate/Statutory Auditor Certificate

Appointment of PSSA Page 107 of 121

 APPENDIX-I
Technical Bid Form – 11: Abstract of Eligible Assignments of Key Personnel

(Refer Clause 3.2.2&3.1.3)

Name of Key Personnel: Designation:

S.N Name of Name of Client Payment (in Rs) for Name of firm for Designation of the Date of completion of Mandays Estimated
o. Project the project which the Key Key Personnel on project spent capital cost
Personnel worked the project
(1) (2) (3) (4) (5) (6) (7) (8) (9)

2
3

Note: The Bidder may attach separate sheets to provide brief particulars of other relevant experience of the Key Personnel.

Appointment of PSSA Page 108 of 121

 APPENDIX-I
Technical Bid Form – 12: Curriculum Vitae (CV) for Proposed Key
Personnel

1. Proposed Position:
[For each position of key professional separate Technical Bid Form-12 will be prepared]:

2. Name of Firm:
[Insert name of firm proposing the staff]:

3. Name of Staff:
[Insert full name]:

4. Date of Birth:

5. Nationality:

6. Education:
[Indicate college/university and other specialized education of staff member, giving names
of institutions, degrees obtained, and dates of obtainment]:

7. Membership of Professional Associations:

8. Other Training:

9. Countries of Work Experience:

[List countries where staff has worked in the last ten years]:

10. Languages [For each language indicate proficiency: good, fair, or poor in speaking,
reading, and writing]:

11. Employment Record:

[Starting with present position, list in reverse order every employment held by staff member
since graduation, giving for each employment (see format here below): dates of employment,
name of employing organization, positions held.]:

From[Year]: To Year]: Employer: Positions held:

12. Detailed Tasks Assigned

[List all tasks to be performed under this Assignment/job]
h
13. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned
[Among the Eligible Assignment/ jobs in which the staff has been involved, indicate the
following information for those Eligible Assignment/jobs that best illustrate staff
capability to handle the tasks listed under point 12.]

Name of Assignment/job or project:

Appointment of PSSA Page 109 of 121

.

Year (Start / Completion):

Location:
Employer:
Main project features:
Positions held:
Activities performed:
Cost of Project:

14. Certification:

(i) I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience. I understand that any willful
misstatement described herein may lead to my disqualification or dismissal, if engaged.

(ii) I further undertake that my CV is being proposed for this project by --------- (the Bidder)
and I have not given consent to any other consultant(s) to propose my CV for any position
for this project.

(iii) I undertake that I have no objection in uploading/hosting of my credentials by Authority in

public domain.

(iv) I am willing to undertake the assignment and ensure my availability for the duration of the
assignment.

(v) I have no history of involvement in Vigilance/CBI/Police Case, resulting in major penalty

punishment of removal/dismissal/compulsory retirement or conviction.

(vi) I have never been debarred from providing consultancy services by any government
authority /PSU Or I was debarred from providing consultancy services by …….. for ....
years from ../../.. to ../../.. and period of debarment is now over.

(vii) I have been deployed for minimum [365] days on the Eligible Assignments claimed
by me for the purposes of the evaluation under this RFP.

Date:
[Signature of Key Personnel]
Place:
[Full name]

(Signature and name of the

authorised signatory of the Bidder )

Appointment of PSSA Page 110 of 121

 APPENDIX-I
Technical Bid Form – 13: Eligible Assignments of Bidder

(Refer Clause 03)

Name of Bidder:
Name of the Project:
Type of Project (Refer Clause 3.1.3)
Description of services performed by the
Bidder firm:
Name of client and Address:
(Indicate whether public or private
entity)
Estimated capital cost (in Rs Cr.):

Payment received by the Bidder (in Rs.

Cr.):
Start date and finish date of the services
(month/ year):
Brief description of the project:

Notes:
1) Use separate sheet for each Eligible Assignment.
2) The Bidder may attach separate sheets to provide brief particulars of other relevant experience of
the Bidder.
3) Exchange rate should be taken as per clause 3.1.4 of the RFP

Appointment of PSSA Page 111 of 121

 APPENDIX-I
Technical Bid Form – 14: Eligible Assignment of Key Personnel

(Refer Clause 3.1.3)

Name of Key Personnel:

Designation of Key Personnel:
Name of the Project:
Name of Firm where employed:
Description of services performed by the Key
Personnel (including designation):
Type of Project
As per Cl. 3.1.3)
Name of client and Address:
(indicate whether public or private)
Professional Fee received (in Rs cr.)

Estimated capital Cost (in Rs Cr)

Start date and finish date of the services (month/

year)
No. of days spent on the project
Brief description of the project:

It is certified that the aforesaid information is true and correct to the best of my knowledge and belief.

(Signature and name of Key Personnel)

Notes:
1) Use separate sheet for each Eligible Assignment.
2) The Bidder may attach separate sheets to provide brief particulars of other relevant experience of
the Key Personnel.
3) Exchange rate should be taken as per clause 3.1.4 of the RFP.

Appointment of PSSA Page 112 of 121

 APPENDIX-I
Technical Bid Form – 15: Deployment of Key Personnel

(As per Appendix-II, Financial Bid Form-1)

Appointment of PSSA Page 113 of 121

 Appendices

APPENDIX-I

Technical Bid Form – 16: Affidavit

(To be by uploaded as part of Technical Bid)

(To be executed in presence of Public notary on non-judicial stamp paper of the value of [Rs.100/-].
The stamp paper has to be in the name of the Bidder)**.
I ………………………. (Name and designation)** appointed as the attorney/authorized signatory of
the Bidder (including its constituents), M/s. ___________________________ (herein after called the
Bidder) for the purpose of the Bidding documents for the work of
_________________________________ as per the RFP No._________________ of (-------------
Railway), do hereby solemnly affirm and state on the behalf of the Bidder including its
constituents/Associates as under :
1. I/We the Bidder(s), am/are signing this document after carefully reading the contents.
2. I/We the Bidder(s) also accept all the conditions of the tender and have signed all the pages in
confirmation thereof.
3. I/We hereby declare that I/We have downloaded the Bidding documents from the E-Procurement
Portal [www.ireps.gov.in]. I/we have verified the content of the document from the website and
there is no addition, no deletion or no alteration to the content of the Bidding document. In case of
any discrepancy noticed at any stage i.e., evaluation of bids, execution of work or final payment
of the contract, the master copy available with the Authority shall be final and binding upon
me/us.
4. I/We declare and certify that I/We have not made any misleading or false representation in the
forms, statements and attachments in proof of the qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the documents/credentials
submitted along with the offer and same shall be binding upon me/us.
6. I/We declare that the information and documents submitted along with the bid by me/us are
correct and I/We are fully responsible for the correctness of the information and documents
submitted by us.
7. I/we certify that I/we the tenderer(s) is/are not blacklisted or debarred by Railways or any other
Ministry / Department of Govt. of India from participation in tender on the date of submission of
bids, either in individual capacity or as a HUF/ member of the partnership
firm/LLP/JV/Society/Trust.
8. I/We undersigned that if the certificates regarding eligibility criteria submitted by us are found to
be forged/false or incorrect at any time during process for evaluation of bids, it shall lead to
forfeiture of the Bid Security besides banning of business for a period upto 5 (five) years. Further,
I/We (insert name of the Bidder)**____________ and all my/our constituents understand that
my/our Bid shall be summarily rejected.
9. I/We also understand that if the certificates submitted by us are found to be false/forged or
incorrect at any time after the award of the contract, it will lead to termination of the contract,
along with forfeiture of Bid Security/ and Performance Security besides any other action provided
in the contract including banning of business for a period upto 5 (five) years on entire Indian
Railways.

DEPONENT

Appointment of PSSA Page 114 of 121

 Appendices

SEAL AND SIGNATURE OF THE BIDDER

VERIFICATION

I/We above named Bidder do hereby solemnly affirm and verify that the contents of my/our above affidavit are
true and correct. Nothing has been concealed and no part of it is false.

DEPONENT
SEAL AND SIGNATURE OF THE BIDDER

Place:
Dated:

**The contents in Italic are only for guidance purpose. Details as appropriate, are to be filled in suitably by the Bidder.
Attestation before Magistrate/Notary Public.

(This certificate is to be given by attorney/authorized signatory/each member of Partnership

firm/Joint Venture (JV) / Hindu Undivided Family (HUF) / Limited Liability Partnership (LLP)
etc.)

This affidavit is to be given by each member of JV.

Technical Bid Form – 16A

(This certificate is to be given by attorney/authorized signatory/each member of Partnership
firm/Joint venture (JV) / Hindu Undivided Family HUF / Limited Liability Partnership (LLP)
etc.)
I/We………………………(Name), attorney/authorized signatory of the
……………..….. (Constituent firm/constituent partner) and member/partner of the
………………………………(tendering firm) hereby solemnly affirm and state as under:
1. I/we certify that ............................. (constituent firm/constituent partner) is/are not

blacklisted or debarred by Railways or any other Ministry / Department of Govt. of India from
participation in tender on the date of submission of bids, either in individual capacity or as a
HUF/ member of the partnership firm/LLP/JV/Society/Trust.
2. I/We have read the clause regarding restriction on procurement from a bidder of a country
which shares a land border with India and certify that I am/We are not from such a country or, if
from such a country, have been registered with the competent Authority. I/We hereby certify that
I/we fulfill all the requirements in this regard and am/are eligible to be considered (evidence of
valid registration by the competent authority is enclosed),

SEAL AND SIGNATUREOF THE CONSTITUENT FIRM/CONSTITUENT PARTNER

Place: Dated:

*****

Appointment of PSSA Page 115 of 121

 Appendices

APPENDIX-I

Technical Bid Form – 17

Department of Expenditure, Ministry of Finance, Government of India letter F.No.6/18/2019-PPD

dated 23/07/2020

Appointment of PSSA Page 116 of 121

 Financial Bid Form – 1: Breakdown of Costs for Financial Bid
(A) Manpower costs
S. No. Designation of Key Personnel Number [Construction Period] + [Defect Liability Period]
(A) Number of Rates (Rs/Man- Amount (Rs)
Man- months month) (C) P = AxBxC
each (B)
1 KEY PERSONNEL : Project Manager 1 18 176731.76 3181171.68
(PM) cum team Leader
2 KEY PERSONNEL:Resident 1 18 83634.19 1505415.42
Engineer(Civil)
3 Other PERSONNEL: Site Engineer Civil 5 18 52354.76 4711928.40
(Works/Bridge)
4 Other PERSONNEL:Site Engineer 5 18 52354.76 47,11,928.4
P.Way
5 Other PERSONNEL :Draftsman cum 1 18 32426.61 583678.98
CAD operator (Civil)
6 Other Personnel: Architect 1 18 32426.61 583678.98

7 Office staff : Multi Tasking Staff 2 18 25550.94 919833.84

(A) Total Manpower costs: Amount (Rs) 16197635.7

(B) Reimbursable costs

01 Hiring of Vehicle for PSS Agency 4931965.44
02 Supply of computer setup for site office 1077501.58
03 Office Consumables 723352.86
(B) Total Reimbursable costs: Amount (Rs) 67,32,819.88
Total Estimated Cost of PROJECT SUPERVISION SERVICES including Manpower costs and Reimbursable 2,29,30,455.58
costs ((A)+(B))
Financial Bid: At Par/Below Par/Above Par on Total Estimated Cost of PROJECT SUPERVISION SERVICES (%)
NOTE:
1. The rates quoted by the firm shall be excluding of the GST.

2. Bidder to quote one single unique% (percentage)at par, below par or above par against the given value.

3. The financial evaluation shall be based on the above Financial Bid.

4. The above quote includes all costs incurred by PSSA to provide PSS to Authority.

5. All payments shall be made in Indian Rupees and shall be subject to applicable Indian laws withholding taxes
if any.

6. Remuneration rates as indicated above shall be increased in accordance with provisions in Agreement.
However, for evaluation of Financial Bid, the quoted initial rate shall be multiplied by the total time input
envisaged for each position on this contract, i.e., without considering the increase in the remuneration rates.

Appointment of PSSA Page 117 of 121

 APPENDIXIII

Copy of Draft WORKS Agreement or WORKS Agreement or Standard WORKS Agreement

Agreement pertaining to the Works & Contracts associated with the projects of Gati Shakti
unit are available in the office of CHIEF PROJECT MANAGER, GATISHAKTI, ADRA DIVISION,
SOUTH EASTERN RAILWAY for ready reference.

Appendices

APPENDIX IV

Brief Description of the Project

Present scope of this RFP for Appointment of Project Supervision Services Agency (PSSA) is for
providing Project Supervision Services at various construction sites spread over the jurisdiction
of the Chief Project Manager/ Gati Shakti Unit/ Adra Division for various works like re-
development of station under Amrit Bharat Station Schemes, Goods Shed Improvement, New
loop lines, Yard modification, various works in Loco shed, maintenance depot. etc. The works
which shall be supervised are works related to station building redevelopment, improvement
works on platforms, Construction of Foot Over Bridge, improvements works of circulating area,
improvement works of Goods Sheds, new work in yard /modification in shed, depots, RUB, ROB
etc. The above works involve construction related activities of various discipline of Civil,
Electrical, Signal & Telecom Engineering etc. The works are to be executed in station premises,
yard area, block sections and is to be done with utmost safety to passengers, running trains
operation work, working personnel etc.

Appointment of PSSA Page 118 of 121

 Appendices

APPENDIX-V

LIST OF PROJECT-SPECIFIC CLAUSES21

A. Clauses and appendices with serially numbered footnotes:

SN Clause No. Clause Footnote

1 1.1.1 Background 1 and 2
2 2.13.3 Amendment of RFP 3
3 2.19 Foreign Companies 4
4 3.1.5 Conditions of Eligibility of Bidders $
5 3.2.2 Evaluation of Technical Bid 5
6 4.1 Delays in providing the Services by the Authority 6
Engineer and Extension of Time
7 4.5.1 Agreement Value 7
8 10.3 Disputes 8
9 10.5 Arbitration 9
10 Annexure -1 Terms of Reference (TOR) 10
11 Annexure -1, Clause 4 Construction Period 11
12 Annexure -1, Clause 10.1 Manpower Deployment 12 and 13
13 Annexure -3, Clause 1 (c) Mode of Billing and Payment 14
14 Appendix-I, Technical Bid Form-1, Letter Comprising the Bid 15
Clause 21
15 Appendix-I, Technical Bid Form 6 Format of Joint Bidding Agreement (in case of JV 16
/Consortium)
16 Appendix-I, Technical Bid Form 10 Abstract of Eligible Assignment of the Bidder 17
17 Appendix-II, Technical Bid Form-1 Reimbursable Costs 18

B. Clauses and appendices with square parenthesis

SN Clause No. Clause

1. 1.1.1 Introduction
2. 1.1.2 Introduction
3. 1.2.4 Introduction
4. 1.2.6 Introduction
5. 2.1.1 Instructions to Bidder(s) (ITB)
6. 2.1.2 (i) Instructions to Bidder(s) (ITB)
7. 2.17.1 Instructions to Bidder(s) (ITB)
8. 3.1.2 (A) Criteria for Eligibility & Evaluation
9. 3.1.3 (b) Criteria for Eligibility & Evaluation
10. 3.2.2 (3) Criteria for Eligibility & Evaluation
11. 3.8.1 Criteria for Eligibility & Evaluation
12. 4.1 Miscellaneous

21
This Appendix-V contains a list of clauses and appendices that would need to be suitably modified, prior to issue of
the RFP document, for reflecting project-specific provisions. This Appendix-V should be omitted before issuing the RFP
document to prospective Bidders.

Appointment of PSSA Page 119 of 121

Appointment of PSSA Page 120 of 121
 Appendices

13. Schedule 2 Schedule 2 - PSS Agreement

14. 1 Schedule 2 - PSS Agreement
15. 2 Schedule 2 - PSS Agreement
16. 5 Schedule 2 - PSS Agreement
17. 1.1 Schedule 2 - PSS Agreement
18. 2.1 Schedule 2 - PSS Agreement
19. 4.1 Schedule 2 - PSS Agreement
20. 10.3 Schedule 2 - PSS Agreement
21. 1 Annexure 1 - Terms of Reference (TOR)
22. 2.1 Annexure 1 - Terms of Reference (TOR)
23. 3.2 (f) Annexure 1 - Terms of Reference (TOR)
24. 4.2 Annexure 1 - Terms of Reference (TOR)
25. 4.12 Annexure 1 - Terms of Reference (TOR)
26. 9 Annexure 1 - Terms of Reference (TOR)
27. 10.1 Annexure 1 - Terms of Reference (TOR)
28. 10.4 (iv) Annexure 1 - Terms of Reference (TOR)
29. Annexure 4 - Bank Guarantee
30. Appendix I - Technical Bid Form-1
31. 16 Appendix I - Technical Bid Form-1
32. 1.1 Appendix I - Technical Bid Form-2
33. 1.2 Appendix I - Technical Bid Form-2
34. Appendix I - Technical Bid Form-3
35. Appendix I - Technical Bid Form-4
36. Appendix I - Technical Bid Form-5
37. 1 Appendix I - Technical Bid Form-6
38. 2 Appendix I - Technical Bid Form-6
39. 4 (b) Appendix I - Technical Bid Form-6
40. Appendix I - Technical Bid Form-16
41. 3 Appendix I - Technical Bid Form-16
42. Appendix II - Financial Bid
43. Appendix II –Financial Bid Form-1

Appointment of PSSA Page 121 of 121