Environmental Planning and Coordination Organization

Bhopal

NIT No. EPCO/GRIHA/VBF/25/2014-15

EPCO, (hereinafter referred to as Employer) invites online tender for Selection and Appointment of Green Building Consultant for

New Van Bhawan Complex Building Project at Bhopal from eligible bidders for scope of services as detailed in the

Technical Specification (Annexure-VI).

Cost of tender document- Rs. 5000.00

Processing Fees of e-procurement portal as per norms

Executive Director

Environmental Planning and Coordination Organization

Paryavaran Parisar, E-5 Sector, Arera Colony Bhopal-462016

Table of Contents

S.N. Description Page No.

1 Instruction to Bidder for e-Tendering 1

2 Notice Inviting Tender (NIT) 4

3 Instructions to Tenderers 6

4 Form of Contract Agreement (Annexure-I) 14

5 Special Conditions of Contract (SCC) (Annexure-II) 18

6 General Conditions of Contract (GCC) (Annexure-III) 20

7 Declaration by Tenderer (Annexure-IV) 31

8 Unconditional Bank Guarantee (Annexure-V) 32

9 Technical Specification (Annexure-VI) 34

10 Format for technical bid Annexure-VII 39

11 Format for financial bid Annexure-VIII 41

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Instruction to Bidder for e-Tendering

Note: Following conditions will over-rule the conditions stated in the tender documents, wherever relevant and applicable.

E - Tendering:

Ø For participation in e-tendering module, it is mandatory for prospective bidders to get registration on website www.mpeproc.gov.in. Therefore, it is advised to all prospective bidders to get registration by making online registration fees payment at the earliest.

Ø Tender documents can be downloaded from website www.mpeproc.gov.in however, the tender document of those bidder shall be acceptable who have made online payment for the NON REFUNDABLE PROCESSING FEE of Rs 5,000/- (Rs. Five Thousand only) plus service & gateway charges, without which bids will not be accepted.

Ø Service and gateway charges shall be borne by the bidders. Ø Since the bidders are required to sign their bids online using class-III Digital Signature

Certificates, they are advised to obtain the same at the earliest. Ø For further information regarding issue of Digital Signature Certificate, the bidders are

requested to visit website www.mpeproc.gov.in. Please note that it may take up to 7 to 10 working days for issue of Digital Signature Certificate. Client will not be responsible for delay in issue of Digital Signature Certificate.

Ø If bidder is bidding first time for e-tendering, then it is obligatory on the part of bidder to fulfill all formalities such as registration, obtaining Digital Signature Certificate etc. well in advance.

Ø Bidders are requested to visit our e-tendering website regularly for any clarifications and/or due date extension or corrigendum.

Ø Bidder must positively complete online e-tendering procedure at www.mpeproc.gov.in Ø Client shall not be responsible in any way for delay/difficulties/ inaccessibility of the

downloading facility from the website for any reason whatsoever. Ø For any type of clarifications bidders/contractors can visit www.mpeproc.gov.in and

help desk contact no. 18002748484 and 18002745454. Ø Interested bidders may attend the free training programme in Bhopal at their own cost.

For further query please contact help desk. Ø The bidder who so ever is submitting the tender by his Digital Signature Certificate

shall invariably upload the scanned copy of the authority letter as well as submit the copy of the same in physical from with the offer of this tender .

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Apart from that, bidder has to submit separate envelopes of

1. EMD of Rs 25,000/- (Rupees Twenty Five Thousand only) Submitted on line only.

2. Technical Bid in Envelop-A with all relevant enclosures

Envelop-A to be kept in one sealed envelope in physical form as well as Envelop- A must be submitted Online. The second envelope i.e. Envelope-B refers to financial proposal which has to be submitted online only. The envelopes submitted in Physical Form should be properly super scribed that this envelope contains Technical bid against respective tender with due date & time of tender opening as per NIT. This envelope should be submitted physically as mentioned in Key Dates. Tenders received within specified time (e-tender as well as physical submission) shall only be opened on the date specified in presence of the bidders or their authorized representatives, whosoever may be present.

The prospective bidders will upload scanned self-certified copies of requisite documents as required in e-tendering process.

The dead line for the online submission of Bid, including Envelop – A (Technical Bid) and Envelop –B (Financial Bid) is up to 20/04/2015 till 5.30 pm. Detailed time schedule for the Bidding process will be available online on http://mpeproc.gov.in after issuing of the bidding documents. Summary of key dates is provided below.

S.N. Stages Date & Time 1 Purchase of RFP 26/03/2015 (10.30 am) to 17/04/2015 (5.30 pm) 2 Pre bid meeting 08/04/2015 at 3.00 pm 3 Submission of Tender (Online) 20/04/2015 till 5.30 pm 4 Submission of Tender (Physical) 22/04/2015 till 3.00 pm 5 Opening date of Technical bid 22/04/2015 at 3.30 pm 6 Financial Bid open Date and

Time Date will be inform after evaluation of Technical Bid

1. Those physically submitted documents will be acceptable and considered, if, same are uploaded on the website along with tender offer. Cognizance of other physically submitted documents (if any) shall not be taken.

2. The physically submitted envelope of documents will be opened first. The tenders received without pre-requisite EMD shall be returned unopened to the respective bidder. The tender documents fees shall not be refunded. Earnest Money Deposit and the tender fee:-

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Earnest Money Deposit and the tender fee

Ø Non refundable processing fee of Rs 5,000/- is to be submitted by bidder by making Online Payment only against Tender.

Ø The EMD of Rs 25,000/- (Rs. Twenty Five Thousand only) is to be submitted by bidder by making Online Payment only. In absence of EMD, bid document could not be submitted.

Ø No Proposal will be accepted without valid Tender Document fee paid and earnest money deposit Online.

Ø The prospective bidders will upload scanned copy of EMD receipt on the website along with tender offer. Only those physically submitted document be acceptable and considered, if, same are uploaded in the website along with tender offer.

Ø Any mismatch, if found in the documents submitted in physical form and that uploaded online, the documents ONLINE shall be considered final and no justification regarding this shall be entertained by Client.

Technical bid:- Bidders must positively complete online e-tendering procedure at www.mpeproc.gov.in . They shall have to submit the documents as prescribed in the RFP online in the website. Ø Hard copies of above technical offer, (uploaded in the website) must be submitted in

Envelop-A technical bid for NIT No. EPCO/GRIHA/VBF/25/2014-15. Only those physically submitted documents regarding technical bids will be acceptable and considered, if, same are uploaded in the website along with the Financial Bid.

Financial Bid: - Bidder shall have to submit the Financial bid document as per the format given in RFP and uploaded as per instructions therein. Physical submission of price bid will not be considered. The price of technically qualified bidder shall be opened online at the notified date. The bidder can view the financial bid opening date by logging into web-site. Ø On the due date of e-tender opening, the EMD and technical bid of bidders shall be

opened online. Client reserves the right for extension of due date of opening of technical bid.

Ø Client reserves the right to accept or reject any or all tenders without assigning any reason what so ever.

Ø In case, due date for submission & opening of tender happens to be a holiday, the due date shall be shifted to the next working day for which no prior intimation will be given.

Ø Any change/modifications/alteration in the tender documents by the Bidder shall not be allowed and such tender shall be liable for rejection.

For amendment/corrigendum, if any, please visit www.mpeproc.gov.in web site regularly. In case of any bid amendment and clarification, the responsibility lies with the bidders to note the same from web site. Client shall have no responsibility for any delay/omission on part of the bidder.

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Environmental Planning and Coordination Organization

Paryavaran Parisar, E-5 Sector, Arera Colony, Bhopal-462016

NOTICE INVITING TENDERS (NIT)

EPCO, (hereinafter referred to as Employer) invites online tender for Selection and Appointment of Green Building Consultant for New Van Bhawan Complex Building Project at Bhopal from eligible bidders, working in India, for scope of services as detailed in the Technical Specification (Annexure-VI). Online tender in the prescribed form is invited for the subject work in conformity to the details furnished below: 1. NIT No. EPCO/GRIHA/VBF/25/2014-15 2. Type of Tender Open – Indigenous

To be quoted by Sole Bidder only. Consortium bidding is not allowed.

3. Tender Currency Indian Rupees (INR) 4. Name of the Work Selection and Appointment of Green

Building Consultant for proposed construction of New Van Bhawan Complex Building Project at Bhopal

5. Work Description Selection and Appointment of Green Building Consultant as per Technical Specification (Annexure-VI) for proposed construction of New Van Bhawan Complex Building Project at Bhopal

6 Sale / downloading of Tender documents Start (Web Site): www.mpeproc.gov.in 7. Important Dates S.N. Stages Date & Time

1 Purchase of RFP 26/03/2015 (10.30 am) to 17/04/2015 (5.30 pm) 2 Pre bid meeting 08/04/2015 at 3.00 pm 3 Submission of Tender (Online) 20/04/2015 till 5.30 pm 4 Submission of Tender (Physical) 22/04/2015 till 3.00 pm 5 Opening date of Technical bid 22/04/2015 at 3.30 pm 6 Financial Bid open Date and

Time Date will be inform after evaluation of Technical Bid

8. Place of submission and opening of bid: The Executive Director

Environmental Planning and Coordination Organization (EPCO) “Kachnar”, Paryavaran Parisar, E-5 Arera Colony, Bhopal-462016 (M.P.), Phone: (0755) 2466970, 24643184, Extn. 118

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9. Scope of work As mentioned in Annexure-VII

(Technical Specification) 10. Completion Schedule: The Time Schedule for providing

Consultancy Services shall be from date of letter of acceptance (LOA) till the final certification of 3 Star GRIHA rating from ADARSH.

11. Validity of Tender 120 Days from the submission of Bid. 12. Cost of Tender Document (Non Rs. 5,000/- (Indian Rupees Five Refundable and Not Exempted) Thousand only) plus service and gateway

charges to be submitted online only. 13. Bid document Tender documents can be downloaded

from website www.mpeproc.gov.in, however, the tender document of those bidder shall be acceptable who have made online payment as per point no. 13 above.

14. Earnest Money Deposit (EMD) Earnest Money Deposit (EMD) of

Rs.25,000/- (Rs. Twenty Five Thousand only) to be submitted online only.

15. Web-Sites This notice is available on website: www.mpeproc.gov.in

16. Language of bids The bid prepared by a Tenderer and all correspondence & documents related to the bid exchanged by the Tenderer and the EPCO, shall be written in English language.

19. Corrigendum Corrigendum (if any) shall be uploaded

on website www.mpeproc.gov.in only Details of Annexure of Tender Document

(i) Form of Contract Agreement (Annexure-I) (ii) Special Conditions of Contract (SCC) (Annexure-II) (iii) General Conditions of Contract (GCC) (Annexure-III) (iv) Declaration by Tenderer (Annexure-IV) (v) Proforma of Bank Guarantee for Security Deposit (Annexure-V) (vi) Technical Specification (Annexure-VI) (vii) Format for technical bid Annexure-VII (viii) Format for financial bid Annexure-VIII

Note: A copy of all the Annexure shall be submitted online and hard copy must be submitted by the Tenderer duly filled and signed on each page as a token of acceptance by the Tenderer.

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INSTRUCTIONS TO TENDERER

1.0 ELIGIBILITY CRITERIA Technical and financial eligibility requirements of the bidders are as given below: 1.1 Technical Eligibility Requirement 1.1.1 The applicant should have in house GRIHA Expert in form of GRIHA evaluator. The

GRIHA evaluator's certificate should have name of the expert along with name of the firm.

1.1.2 The Firm should have minimum experience of two years in the field of green building Consultancy.

1.1.3 The applicant should have at least two GRIHA registered projects, out of which one should be executed with minimum 3 star GRIHA rating. Out of these executed/registered projects, at least one project should have minimum floor area of 17000 sq mt.

Necessary documentary evidences in support of the same in the form of copy of Work Orders & Completion Certificates from the competent authority of client, along with the contact details of the signatories shall be furnished, in absence of which the bidder’s proposal/bid shall be rejected. Note that experience for projects which are not located in India shall not be considered. Bidder should clearly mention the specific job details to fulfil the above eligibility criteria.

1.2 Financial Eligibility Requirements

i) The Bidder should have minimum annual financial turnover of at least Rs.10 Lakh (Rupees Ten Lakh only) as fees during the immediate last 3 consecutive financial years i.e. 2011-12, 2012-13 and 2013-14. Duly certified by Chartered Accountant. ii) Only consultancy fees received shall be considered for the purpose of determination of turnover. iii) The Bidder shall submit copy of Audited Annual Reports (financial statement) clearly evidencing the Annual Turn-Over figure for last 3 (three) consecutive financial years in support fulfilling above stipulated financial criterion. 1.3 Site Visit: Tenderer is deemed to have known the scope, nature and magnitude of the work and the site conditions, requirements, stipulations, etc. Tenderers are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their tenders as to the nature of the ground and sub-soil, the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. A tenderer shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charge consequent on any misunderstanding or otherwise shall be allowed. The tenderer shall be responsible for arranging and maintaining at his own cost to make independent enquiries, examined and fully satisfied itself as to the

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sources for obtaining underground existing services, sub-soil conditions, subsoil water conditions, storms, prevailing winds, climatic conditions and all other similar matters which may affect the works, that may be necessary for preparing the bid and entering into a Contract for the Works and all materials, tools & plants, water, electricity access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for in the contract documents. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and local conditions and other factors having a bearing on the execution of the work. The costs of visiting the site, boarding and lodging during site visit and all tours shall be borne by the Tenderer and to be considered in the Contract Price in their bid. The prospective Tenderer and any of its authorized personnel or representative will be granted permission by APCC of forest, (Production) and Chairman Van Bhawan Nirman Samiti, Bhopal to enter upon its premises and lands for the purpose of inspection, but only upon the condition that the prospective Tenderer, its personnel and representative will release and indemnify and its representatives from and against all liability in respect thereof and will be responsible for any eventuality or personal injury, loss of or damage to property and any other loss, damage, costs and expenses incurred as a result of the inspection. 1.4 CLARIFICATION EPCO may conduct clarification meetings with each or any Tenderer to clarify any aspects of its offer that require explanation at this stage of the evaluation. During these meetings, EPCO may bring to the attention of the Tenderer any matters, technical or otherwise, where for whatever reason, it requires clarification / details about the tender. EPCO will advise the Tenderer of any exceptions or deviations in the offer that are to be withdrawn. 2. SUBMISSION AND OPENING OF BID 2.1 Submission of Technical Bid 2.1.1 The technical bid shall be submitted along with the following documents:

i. Documents as mentioned in 2.5 below.

ii. All documents mentioned in Annexure- VII.

2.1.2 Bidders must submit Earnest Money Deposit (EMD) of Rs. Rs.25,000/- (Rupees Twenty Five Thousand only), Online.

2.1.3 Hard copies of above technical offer, (uploaded in the website) must be submitted in Envelop-A technical bid for NIT No. EPCO/GRIHA/VBF/25/2014-15. Only those physically submitted documents regarding technical bids will be acceptable and considered, if, same are uploaded in the website along with the Financial Bid.

2.1.4 Incomplete Tender or Tenders (not submitted as per requirement of EPCO as indicated in the ‘Notice Inviting Tender’) shall be liable to be rejected.

2.1.5 It shall be the responsibility of the tenderer to ensure that the tender has been submitted in the formats (Annexure-VII & VIII) and as per the terms & conditions of

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the tender document and no change should be made therein. In the event of any doubt regarding the terms & conditions / formats, the persons concerned may seek clarification in this regard from EPCO.

2.2 Opening of Technical Bid

2.2.1 Only the Technical Bid shall be opened by the authorized representative of EPCO in his office in the presence of the tenderers who may be present on the date and time of opening of technical bid.

2.3 Submission of Financial Bid 2.3.1 The financial bid shall be submitted in format given in Annexure-VIII on lumpsum

basis. The payment shall be made as per payment schedule given in Article-5. The Tenderer shall quote for total scope of work as per Technical Specification in the Price Schedule.

2.3.2 Total Contract Price of Tenderer shall include all applicable taxes & duties etc. except

service tax which shall be paid separately at the rates prevailing on the date of payment.

2.3.3 The Contract Price of the consultant shall also be inclusive of cost of all visits to the

site or elsewhere meeting and making suitable presentations to all the concerned authorities.

2.3.4 The quoted rates shall be inclusive of all revisions/proposals required till the

finalization of job. 2.3.5 The tenderer shall be deemed to have acquainted itself of Government taxes, duties,

laws, statutes, regulations, levies and other charges relating to the services to be rendered and works to be done at site.

2.3.6 Price evaluation shall be done for the complete scope as per Technical Specification

and ranking of the Tenderers shall be done on the total evaluated price for the complete scope based on the prices quoted.

2.4 Opening of Financial Bid

2.4.1 Date and time of opening of Financial Bid shall be communicated to the eligible

bidders after completion of evaluation process. 2.4.2 During price bid opening, the envelope(s) containing the original price bid submitted

in Part-II duly signed and stamped in every page, of only those tenderer whose offers have been found to be techno-commercially acceptable by EPCO i.e. who have score more than 80 points in evaluation of Technical Bid, shall be opened in presence of the authorised representative of tenderers who choose to attend the price opening. Arithmetic errors will be rectified on the following basis.

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2.4.3 If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, or between sub totals and the total price, the unit price or subtotal price shall prevail and the total price shall be corrected. If there is a discrepancy between words and figures, the amount in words will prevail. If the tenderer does not accept the correction of errors, its bid will be rejected.

2.5 LIST OF DOCUMENTS:

2.5.1 Technical bid shall be submitted in format given in Annexure-VII along with the required documents, affidavit, undertaking etc., audited Profit and Loss Account and Balance Sheet with report of Chartered Accountant thereon for the last three financial years in support of receipts from consultancy fee, a certificate of Chartered Accountant to the effect that the receipts relate to consultancy fee should be submitted.

2.5.2 Bidders shall submit an affidavit on a stamp paper of Rs. 100/- stating that:

(i) information, certified copies of the documents supplied with the bid and undertakings given / certificates attached are true and correct to the best of their knowledge and belief. If any information is subsequently, even after award of consultancy services, is found to be incorrect, EPCO may forfeit their Earnest Money Deposit and debar them from future bidding. The EPCO shall also be free to take legal action in case the contents given in the affidavit are found to be incorrect.

(ii) the amount received from consultancy fee from construction works is correct.

2.5.3 The bidder shall ensure that the bid documents, certified copies of undertakings given and attached certificates etc. have properly been page numbered and indexed.

2.5.4 The bid document (RFP & other document) shall be hard bounded. Spiral binding, loose binding, clamp binding or any other such means may result in rejection of bid.

3. EVALUATION COMMITTEE:

Evaluation committee for evaluation of Technical Bid and Financial Bid shall be appointed by the employer and the committee will carry out its evaluation, applying the criteria for evaluation as mentioned in 4.1.

The evaluation committee will examine the financial bids of the technically qualified bidders only. The appointed evaluation committee would determine whether the financial bids are complete in all respects or not. Bids complete in all respects shall be considered in totality and not in part. The competent authority reserves all the rights to accept or reject any or all the bids without assigning any reason there for. After approval by the competent authority successful bidder shall be notified.

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4. AWARD CRITERIA 4.1. Evaluation Criteria for Technical Bid:

Organizational strength Maximum Points

Minimum Qualifying points

Financial Capacity 20 16

Experience of the applicant in the field of

green building Consultancy.

20 16

Experience in terms of executed

minimum 3 star GRIHA rating project.

20 16

Experience in terms of registered GRIHA

rating project.

20 16

Experience in terms of floor area 20 16

Total 100 80

Note:- Ranking of consultant will be evaluated from 100 points. Bidder should get 80 point to qualify.

A. FINANCIAL CAPACITY ANNUAL TURNOVER OF CONSULTANCY FEE: FOR LAST THREE FINANCIAL YEAR (i.e 2011-12, 2012-13 and 2013-14) a. Rs. 20 Lacs or more — 20 Points b. Rs. 15 Lacs but less than Rs. 20 Lacs — 18 Points c. Rs. 10 Lacs but less than Rs. 15 Lacs — 16 Points d. Less than Rs. 10 Lacs __ 0 Points Note: - Details of annul turn in terms of total Fee received for financial years 2011-12,

2012-13 and 2013-14 shall compulsorily be provided by the bidder. In case, the annual turnover of the bidder is less than Rs. 10 Lacs during any of the three year, it shall be awarded zero points for financial capacity and the bidder shall automatically be disqualified.

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B. EXPERIENCE:

I) Experience of the applicant in the field of green building Consultancy.

a. 6 years or more : 20 Points b. 4 years but less than 6 years : 18 Points c. 2 years but less than 4 years : 16 Points d. Less than 2 years : 0 Point

II) Experience in terms of executed minimum 3 star GRIHA rating project.

a. Executed 3 or more projects : 20 points b. Executed 2 projects : 18 points c. Executed 1 project : 16 points d. Nil : 0 point III) Experience in terms of registered GRIHA rating project. a. Registered 4 or more projects : 20 points b. Registered 3 projects : 18 points c. Registered 2 projects : 16 points d. Less than 2 registered projects : 0 point Note: 3 star GRIHA rating awarded project(s) shall also be considered as registered project(s).

IV) Experience in terms of floor area a. Building having floor area more than 22600 sq mt : 20 points b. Building having floor area 19800 sq mt but less than 22600 : 18 points c. Building having floor area 17000 sq mt but less than 19800 : 16 points d. Building having floor area less than 17000 sq mt : 0 point

Note:-

Points scored as per evaluation of Evaluation Committee subject to a maximum of 100 Points Bidders scoring 80 or more points in evaluation of their technical bid (minimum 80% mark in each of the five categories) shall only qualify for opening of their financial bid.

4.2 OPENING OF FINANCIAL BIDS:- Financial bid of those bidders shall be opened who have scored 800 or more points in

evaluation of Technical bid. Date, time and place for opening of financial bid shall be notified to the technically qualified bidders separately.

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4.3 EVALUATION CRITERIA FOR FINANCIAL BID: Financial bid shall be evaluated on the basis of the following formula: SF = 100 × Fm / F SF stands for Financial Score 0.2 Fm stands for lowest Financial Bid F Stands for Financial Bid of the Bidders

4.4 EVALUATION CRITERIA FOR AWARD OF SERVICES:

The selection of bidders for award of services shall be Quality and Cost Based (QCBS) wherein 80 percent weightage shall be given to technical score and 20 percent to financial score.

Bids will finally be ranked according to their combined technical score (ST) and financial Score (SF) as under:

S = ST × TW + SF × FW S stands for Combined Score of Financial Bid and Technical Bid. ST stands for score of Technical Bid TW Shall be 0.80 SF stands for score of Financial Bid FW shall be 0.20 The bidder scoring highest points in the combined evaluation of bids shall be consider for award work.

5. EARNEST MONEY DEPOSIT (TO BE PAID ONLINE) The earnest money shall be kept deposited period of three(3) month beyond the validity of the Tender. The earnest money will not earn any interest. If the Tenderer after submitting his Tender resiles from his offer or modifies the terms and conditions thereof in a manner not acceptable to EPCO, the Earnest Money shall be liable to be forfeited/ encashed. Tenders not accompanied by Earnest Money shall be rejected. a. On acceptance of the Tender (but not earlier than the expiry date of validity of Tender), the Earnest Money/Bank Guarantee will be returned to the unsuccessful Tenderers on request. b. Should an Invitation to Tender be withdrawn or cancelled by EPCO, which it shall have the right to do at any time, the Earnest Money will be returned to the Tenderer. c. Should the successful Tenderer fail to furnish the Bank Guarantee for Security Deposit within 15 days from the date of issue of Fax Order/Letter of Intent (LOI), the Earnest Money shall be forfeited/enforced without prejudice to his being liable for any further loss or damage incurred in consequence by EPCO. The Earnest Money shall be suitably extended, if such a necessity arises, by the successful Tenderer till the date fixed by EPCO for furnishing the Security Deposit. d. Earnest Money shall be returned to the successful Tenderer after the Security Deposit has been furnished to EPCO.

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6. COST OF THE TENDER DOCUMENT (TO BE PAID ONLINE) 6.1 The Bidder can download the Tender Document from the website www.mpeproc.gov.in on payment of Rs. 5,000/- (Rupees Five Thousand only) plus service and gateway charges to be submitted online only. 7. ARRANGEMENT OF TENDER Hard copy of Tender document shall be neatly arranged, be plain and intelligible, type-written on white paper with consecutively numbered pages in solid binding and each page signed. They should not contain any terms and conditions, printed or otherwise, which are not applicable to the Tender. 8. NO CLAIM OR COMPENSATION FOR SUBMISSION OF TENDER The Tenderer whose Tender is not accepted shall not be entitled to claim any costs, charges, expenses of and incidental to or incurred by him through or in connection with his submission of Tenders, even though EPCO may elect to withdraw the Invitation to Tender. 9. ACCEPTANCE OF TENDER EPCO is not bound to accept lowest or any Tender or to assign reasons whatsoever for non-acceptance. 10. NOTICE ON BEHALF OF EPCO Notice and Certificate on behalf of EPCO in connection with the Contract may be given by duly authorised officers of EPCO. Any modification which may become necessary in the interim period will be intimated to the Tenderer as soon as possible. 11. CONFIDENTIALITY Tenderer shall note that all data/ drawings/ specification enclosed with Tender document is confidential. Tenderer shall keep all data/ drawings in strict confidence and shall not copy or pass on any of the Tender papers etc. to any third party. Tenderer shall return the Tender document alongwith the Tender. 12. GENERAL Tenderer shall submit their offer strictly as per terms and conditions of Tender document.

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Annexure- I

DRAFT OF CONTRACT AGREEMENT THIS CONTRACT NO. _________________________________________ made this ______________ Day of _____________, Two Thousand. BETWEEN EPCO (hereinafter referred to as the "Employer") which term or expression unless excluded by or repugnant to the context or the meaning thereof, shall be deemed to include its successors and permitted assigns, OF THE ONE PART AND M/s. ____________________________________, a Company organised and existing under the laws of India and having its Registered Office at ___________________________________________________ (hereinafter referred to as "Consultant"), which term or expression unless excluded by or repugnant to the context or meaning thereof, shall be deemed to include its successors and permitted assigns, OF THE OTHER PART AND WHEREAS a) The EMPLOYER has decided for appointment of Green Building Consultant for construction of New Van Bhawan Complex Building Project (hereinafter referred to as the “Services"), and has accepted a tender by the Consultant for the said Services. b) The Consultant has declared that the Consultant has valuable and specialized knowledge and expertise for the services for Green Building for construction of New Van Bhawan Complex Building Project as detailed in enclosed Technical Specifications at Annexure-VI and c) The Consultant has obtained clarifications on technical and commercial aspects, inspected the site and surroundings of Works and has examined and considered all other matters, conditions and things, probable contingencies including delays, hindrances and interferences and generally all matters incidental thereto and ancillary thereof, affecting the execution and completion of the Services, and NOW IT IS HEREBY AGREED as follows: ARTICLE-1. In this agreement words and expressions shall have the same meanings as are respectively assigned to them in the General Conditions of Contract hereinafter referred to. ARTICLE-2. The following documents shall constitute the Contract between the Employer and the Consultant, and each shall be read and construed as an integral part of the Contract: a) This Contract Agreement hereto including Price Schedule b) Letter of Acceptance (LOA)

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c) Corrigendum, if any d) Special Conditions of Contract (SCC) e) General Conditions of Contract (GCC) f) Technical Specifications g) Notice Inviting Tender, Important Instructions to the Tenderers, Tender Drawings Undertaking, etc. h) Minutes of Pre-bid meeting. In the event of any ambiguity or conflict between the Contract Documents listed above the order of precedence shall be the order in which the Contract Documents are listed above. ARTICLE-3 In consideration of the payments to be made by the Employer to the Consultant as hereinafter mentioned, the Consultant hereby covenants with the Employer to complete the services in conformity with the provisions of the Contract in all respect and to perform all its obligations under the Contract and in accordance with the Contract. ARTICLE-4 : Total Contract Price: The Employer hereby agrees to pay to the Consultant the Total Contract Price in consideration of the completion of the Services and performance by the Consultant of its obligations under the Contract and in accordance with the Contract. The Total Contract Price shall be Rs.__________________/- (Rupees_____________________________ _________only) aggregate of Rs.____________/- for Activity-1 (Consultancy services to meet minimum 3 Star GRIHA) and Rs._______________/- for Activity-2 (GRIHA Documentation Services) or such other sums as may be determined in accordance with the terms and conditions of the Contract. Total Contract Price including Applicable taxes except Service Tax and Education Cess thereon is indicated in the Price Schedules included under the Contract. Service Tax and Education Cess thereon shall be paid separately at the rates prevailing on the date of payment. The Contract Price of the consultant is inclusive of cost of all visits to the site of elsewhere meeting and making suitable presentations to all the concerned authorities. The Contract Price shall remain firm and binding and shall not be subject to any escalation whatsoever on any account till completion of entire work. No escalation on any account shall be admissible. If any part of the scope of work remains incomplete due to reasons attributable to the Consultant, Employer shall deduct such sums of money as estimated by Employer to complete the work, from the price payable to the Consultant. ARTICLE-5:Terms of Payment: 5.1 Ten Percent (10%) of the Total Contract Price as Specified in Article-4 including Service Tax & Education Cess thereon shall be released on submission of Project Inception Report by Consultant and approval of the same by the Employer.

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5.2 Twenty Percent (20%) of the Total Contract Price as Specified in Article-4 including Service Tax & Education Cess thereon shall be released on submission of Final report on Sustainable site planning and Sustainable building design, Energy Performance Optimization, Renewable energy utilization. 5.3 Twenty Percent (20%) of the Total Contract Price as Specified in Article-4 including Service Tax & Education Cess thereon shall be released on submission of Final report on Water, waste-water, solid waste management and on Sustainable building material & construction technology and Health, well- being & Environmental quality. 5.4 Twenty Percent (20%) of the Total Contract Price as Specified in Article-4 including Service Tax & Education Cess thereon shall be released on submission of complete GRIHA documentation including Consolidated final consultancy report on all above task. 5.5 Ten Percent (10%) of the Total Contract Price as Specified in Article-4 including Service Tax & Education Cess thereon shall be released on Award of provisional GRIHA rating by ADaRSH. 5.6 Twenty Percent (20%) of the Total Contract Price as Specified in Article-4 including Service Tax & Education Cess thereon shall be released on Award of GRIHA final rating (after 12 months of provisional rating and subject to ADaRSH’s confirming the provisional rating). ARTICLE-6 : Effective Date of Contract: Effective Date of Contract shall be date of the Letter of Acceptance (LOA). ARTICLE-7 : Price Adjustment due to variation in Price Indices Price Adjustment is not applicable. ARTICLE-8: Scope of Services The Contract is for the execution of services as specified in the Technical Specification (Annexure-VI), on lumpsum basis. The areas mentioned in Sl. No. 2 in Annexure-VI are indicative only. The areas/ nomenclature of the buildings may vary, should the actual quantities differ from the indicated ones, neither the Consultant shall be entitled to get any additional price from Employer nor is the Employer entitled to deduct any amount from the Contract Price due to variation in quantities. ARTICLE-9: Time for Completion The Time Schedule for providing consultancy Services shall be from date of letter of acceptance (LOA) till the final certification of 3 Star GRIHA rating from ADARSH. ARTICLE-10: Sub-contracting The Consultant shall not sub-contract/sub-let full or part of the scope of services to their subcontractor/vendor without prior written approval of Employer.

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ARTICLE-11: Liquidated Damages In case Consultant fails to attain completion of the services described in ‘Scope of services’ within the ‘Time for Completion’ for Activity-1 (as defined in Technical Specification Annexure-VI), due to reasons attributable to Consultant, the Employer shall recover the amount of Liquidated Damages, but not by way of penalty, by making deductions from the Consultant’s account or by encashment of Consultant’s Bank Guarantee towards Security Deposit at the rate of 0.5% (Half percent) of Contract Price excluding taxes & duties for Activity-1 for each completed week by which the services has been delayed subject to maximum of 5% of the Contract Price excluding taxes & duties for Activity-1. ARTICLE-12 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. However, each Party shall give due consideration to any proposal for modification made by the other Party. Signed by for and on behalf of the Consultant [Signature] [Designation] In the presence of In the presence of 1) [Signature] [Designation]

Signed by for and on behalf of the Employer [Signature] [Project In-Charge] In the presence of In the presence of 1) [Signature] [Designation]

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Annexure-II SPECIAL CONDITIONS OF CONTRACT (SCC)

1. Definitions [GCC Clause 1] 1.1 Employer

The Executive Director Environmental Planning and Coordination Organization (EPCO) “Kachnar”, Paryavaran Parisar, E-5 Arera Colony, Bhopal-462 016 (M.P.), Phone: (0755) 2466970, 246431818, Extn. 118 1.2 Consultant 2. Notices 2.1 Employer’s Address for Notice purposes The Executive Director Environmental Planning and Coordination Organization (EPCO) “Kachnar”, Paryavaran Parisar, E-5 Arera Colony, Bhopal-462 016 (M.P.), Phone: (0755) 2466970, 246431818, Extn. 118 2.2 Consultant’s Address for Notice purposes 3. Nothing extra shall be payable due to revision in any drawings, which may be necessitated as per site conditions, unforeseen reasons & as per directions of Employer’s Engineer. 4. The Consultant shall render every assistance, guidance and advise in general to the Employer on any matter concerning the technical aspects of the Consultancy. 5. The data required for preparation of report shall be collected by the Consultant at his own cost and nothing extra shall be payable on this account.

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6. The Contract Price of the consultant shall also be inclusive of cost of all visits to the site of elsewhere meeting and making suitable presentations to all the concerned authorities. 7. The consultant shall be fully responsible for the technical soundness of the work and also to ensure that the work is carried out generally in accordance with requirements of MNRE/Green Building concepts of GRIHA. 8. Employer may have the work supervised and inspected at any time by any officer nominated by it who shall be at liberty to examine the records and reports of the Consultant. 9. The appointment of the Employer’s own supervisory staff does not absolve the consultant of their responsibility. 10. The Contract Price is inclusive of all revisions/proposals required till the finalization of job. 11. Consultant shall depute only competent, qualified and sufficiently experienced personnel to perform the work correctly and efficiently. 12. Six final copies of the report/drawings in colour shall be submitted to Employer. 13. All the documents created out of the assignment will become the sole property of Employer. 14. The consultant will have to work according to the program of work, approved by the Employer. 15. The consultant shall submit bar chart for completion of the work duly signed by the consultant so as to complete the work in stipulated time period and get it approved from the Employer before commencement of work. 16. Any delay/failure on the part of Consultant to arrange for man power & resources at any required time shall not be considered as valid hindrance. 17. TOOLS AND PLANTS & OFFICE SPACE The necessary T&P shall be deployed by the consultant as required to facilitate and ensure the work to be completed smoothly within the stipulated scheduled time. No claim shall be entertained on this account or other office expenses and overheads for running his office.

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Annexure-III

GENERAL CONDITIONS OF CONTRACT (SCC) 1. Definitions 1.1 The following words and expressions shall have the meanings hereby assigned to them : “Contract” means the Contract Agreement entered into between the Employer and the Consultant, together with the Contract Documents referred to therein; they shall constitute the Contract, and the term “the Contract” shall in all such documents be construed accordingly. “Contract Documents” means the documents listed in Article 2 (Contract Documents) of the Contract Agreement (including any amendments thereto). “GCC” means the General Conditions of Contract hereof. “SCC” means the Special Conditions of Contract. “Technical Specifications/ Contract Technical Specifications” mean the technical specifications, schedules, detailed designs, statements of technical data, performance characteristics value and all other technical particulars of the Contract. “Day” means calendar day of the Gregorian Calendar. “Month” means calendar month of the Gregorian Calendar. “Employer” means EPCO, Bhopal and includes the legal successors or permitted assigns of the Employer. “Consultant” means the person(s) whose bid to perform the Contract has been accepted by the Employer and is named as such in the Contract Agreement, and includes the legal successors or permitted assigns of the Contractor. “Contractor’s Representative” means any person nominated by the Contractor and approved by the Employer in the manner provided in Sub-Clause 18.2 (Contractor’s Representative) hereof to perform the duties delegated by the Contractor. “Sub-Contractor”, including vendors, means any person to whom execution of any part of the Facilities, including preparation of any design or supply of any Plant and Equipment, is sub-Contracted directly or indirectly by the Consultant, and includes its legal successors or permitted assigns. “Contract Price” means the sum specified in Article 4 (Contract Price) of the Contract Agreement, subject to such additions and adjustments thereto or deductions there from, as may be made pursuant to the Contract. “Services” mean the work specified in Technical Specification and all supply & services to be carried out by the Consultant under the Contract. “Site” means the land and other places upon which the construction for New Van Bhawan Complex Building Project and such other land or places as may be specified in the Contract as forming part of the Site.

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“Effective Date of Contract” means the date of Letter of Acceptance (LOA). “Time for Completion” means the time specified in Article 9 of the Contract Agreement within which Completion of the Services as a whole (or of a part of the Services where a separate Time for Completion of such part has been prescribed) is to be attained in accordance with the stipulations made in the Contract Agreement and the relevant provisions of the Contract. 2. Contract Documents 2.1 Subject to Article 2 (Order of Precedence) of the Contract Agreement, all documents forming part of the Contract (and parts thereof) are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole. 2.2 The Contractor shall be required to provide at least 2 copies of signed Contract Agreement for Employer’s use within 15 (Fifteen) days of the date of signing of the Contract. 3. Interpretation 3.1 Language 3.1.1 All correspondence and communications to be given and all other documentation to be prepared and supplied under the Contract shall be written in English, and the Contract shall be construed and interpreted in accordance with English language. 3.2 Singular and Plural 3.2.1 The singular shall include the plural and the plural the singular, except where the context otherwise requires. 3.3 Headings 3.3.1 The headings and marginal notes in the General Conditions of Contract are included for ease of reference, and shall neither constitute a part of the Contract nor affect its interpretation. 3.4 Persons 3.4.1 Words importing persons or parties shall include firms, Corporations, Companies, Joint Ventures, Consortiums and Government entities. 3.5 Entire Agreement The Contract constitutes the entire agreement between the Employer and Contractor with respect to the subject matter of Contract and supersedes all communications, negotiations and agreements (whether written or oral) of parties with respect thereto made prior to the date of Contract.

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3.6 Amendment a. At any time, before the submission of Proposals, the employer may amend the Tender

documents as a result of any clarification by issuing an addendum in writing or through standard electronic means.

b. Any addendum will be sent to all the intending Consultants and will be binding on them.

c. The Client may, at its discretion, extend the deadline for the submission of the Proposals to enable the Consultants to take addendum into account in preparing their Proposals.

3.7 Consultant 3.7.1 The Consultant shall be an independent Legal Entity performing the Contract. The Contract does not create any agency, partnership, joint venture or other joint relationship between the parties hereto. 3.7.2 Subject to the provisions of the Contract, the Consultant shall be solely responsible for the manner in which the Contract is performed. 3.7.3 All employees, representatives or Sub-Consultants, if any as per provisions of the contract, engaged by the Consultant in connection with the performance of the Contract shall be under the complete control & supervision of the Consultant and shall not be deemed to be employees of the Employer, and nothing contained in the Contract or in any Sub-Contract awarded by the Consultant shall be construed to create any Contractual relationship between any such employees, representatives or Sub-Consultants and the Employer. 3.8 Waiver 3.8.1 Subject to Sub-Clause 3.8.2 below, no relaxation, forbearance, delay or indulgence by either party in enforcing any of the terms and conditions of the Contract or the granting of time by either party to the other shall prejudice, affect or restrict the rights of that party under the Contract, nor shall any waiver by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of Contract. 3.8.2 Any waiver of a party’s rights, powers or remedies under the Contract must be in writing, must be dated and signed by an authorised representative of the party granting such waiver, and must specify the right and the extent to which it is being waived. 3.9 Severability If any provision or condition of the Contract is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provisions and conditions of the Contract. 4. Notices 4.1 Unless otherwise stated in the Contract, all notices to be given under the Contract shall be in writing, and shall be sent by personal delivery, registered post, special courier, telefax,

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email to the address of the relevant party set out in the Special Conditions of Contract, with the following provisions. 4.1.1 Any notice sent by telefax, email shall be confirmed within two (2) days after dispatch by notice sent by registered post or special courier, except as otherwise specified in the Contract. 4.1.2 Any notice sent by registered post or special courier shall be deemed (in the absence of evidence of earlier receipt) to have been delivered within ten (10) days after dispatch. In proving the fact of dispatch, it shall be sufficient to show that the envelope containing such notice was properly addressed, stamped and conveyed to the postal authorities or courier service for transmission. 4.1.3 Any notice delivered personally or sent by facsimile, email shall be deemed to have been delivered on date of its dispatch. 4.1.4 Either party may change its postal, telefax, email address or addressee for receipt of such notices by 10 (ten) days’ notice to the other party in writing. 4.2 Notices shall be deemed to include any approvals, consents, instructions, orders and certificates to be given under the Contract. 5. Governing Law 5.1 The Contract including the Arbitration proceedings shall be governed by and interpreted in accordance with laws of India. 6. Project Co-ordination Committee – Its Status and Other Conditions:

A Project Co-ordination Committee shall be constituted as follows:

• Executive Director, Environmental Planning & Coordination Organization (EPCO) or his representative.

• Consultant or his authorized representative. • APCC of forest , Production and Chairman Van Bhawan Nirman Samiti, Bhopal

or his representative. i. The Project Coordination Committee shall make all efforts to avoid unreasonable

delay in the progress of the work. Committee will meet on as and when required basis and will resolve the issues related to the Green Building Consultant, Client, Contractor and EPCO. The Director General, EPCO shall, if need be, over see that both the client and EPCO follow the sound principles involved for this purpose. Director General, EPCO or his representative may convene meeting of the Project Coordination Committee, at any time.

ii. Incase of any dispute Director General, EPCO shall decide the matter after seeking recommendations of the Project Coordination Committee and his decision

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shall be final and binding. However, no such fee will be paid in case of delays attributable to EPCO.

7. Settlement of Disputes 7.1 Amicable settlement

The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Agreement or the interpretation thereof.

7.2 Dispute resolution 7.2.1 Any dispute, difference or controversy of whatever nature howsoever arising under or

out of or in relation to this Agreement (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (the “Dispute”) shall, in the first instance, be attempted to be resolved amicably.

7.2.2 The Parties agree to use their best efforts for resolving all Disputes arising under or in respect of this Agreement promptly, equitably and in good faith, and further agree to provide each other with reasonable access during normal business hours to all non-privileged records, information and data pertaining to any Dispute.

7.3 Arbitration 7.3.1 Any Dispute, which is not resolved amicably by conciliation, shall be referred to the

DIRECTOR GENERAL, EPCO who shall obtain report of the Project Coordination Committee and shall give his decision within 30 days. Any party, which is not satisfied with the decision of the DIRECTOR GENERAL EPCO, shall refer the matter to a board of arbitrators appointed in accordance with clause 7.3.2 for final decision. Such arbitration shall be held in accordance with the Rules of Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi (the “Rules”), or such other rules as may be mutually agreed by the Parties, and shall be subject to the provisions of the Arbitration and Conciliation Act,1996. The venue of such arbitration shall be Bhopal and the language of arbitration proceedings shall be English.

7.3.2 There shall be a Board of three arbitrators, of whom each Party shall select one, and the third arbitrator shall be appointed by the two arbitrators so selected and in the event of disagreement between the two arbitrators, the appointment shall be made in accordance with the Rules.

7.3.3 The arbitrators shall make a reasoned award (the “Award”). Any Award made in any arbitration held pursuant to this Clause 6 shall be final and binding on the Parties from the date it is made, and the Consultant and the Client agree and undertake to carry out such Award without delay.

7.3.4 This Agreement and the rights and obligations of the Parties shall remain in full force and effect, pending the Award in any arbitration proceedings hereunder.

8. Scope of Services The Consultant shall, unless specifically excluded in the Contract, perform all such services not specifically mentioned in the Contract but that can be reasonably inferred from the Contract as being required for attaining Completion of the Services (as defined in the Technical Specification {Annexure-VI}) as if such services were expressly mentioned in the Contract without any extra cost to Employer.

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9. Time for Completion The Time Schedule for providing consultancy Services shall be from date of letter of acceptance (LOA) till the final certification of 3 Star GRIHA rating from ADARSH. 10. Consultant’s Responsibilities 10.1 The Consultant shall carryout Scope of Services as specified in Clause-8 hereof with due care and diligence in accordance with the Contract. 10.2 The Consultant shall be deemed to have entered into this Contract on the basis of a proper examination of the data relating to the Services provided by the Employer, and on the basis of information that the Consultant could have obtained from a visual inspection of the Site (if access thereto was available) and of other data readily available to it relating to the Services prior to bid submission. The Consultant acknowledges that any failure to acquaint itself with all such data and information shall not relieve its responsibility for properly estimating the difficulty or cost of successfully performing the Services. The Consultant shall satisfy himself regarding the accessibility to site by existing roads, feasibility of taking materials / equipment to site and availability of Labour and local conditions. 10.3 The Consultant shall comply with the Indian Laws that may be in vogue as on the Date of signing this Contract Agreement or may come into force during currency of the Contract, that binds upon the Consultant. The Consultant shall indemnify and hold harmless the Employer from and against any and all liabilities, damages, claims, fines, penalties and expenses of whatever nature arising or resulting from the violation of such laws by the Consultant or its personnel, including the Sub-Consultants and their personnel. 11. Employer’s Responsibilities 11.1 The Employer shall ensure the accuracy of information and / or data to be supplied by the Employer, except when otherwise expressly stated in the Contract. 11.2 The Employer shall be responsible for acquiring and providing legal and physical possession of the Site and access thereto, and for providing possession of and access to all other areas reasonably required for the proper execution of the Contract, including all requisite rights of way. The Employer shall give full possession of and accord all rights of access thereto on or before the mutually agreed date(s). 11.3 If requested by the Contractor, the Employer shall use its best endeavors to assist the Contractor in obtaining in a timely and expeditious manner all permits, approvals and/ or licenses necessary for the execution of the Contract from State or Central Government Authorities. 12. Contract Price The Contract Price as specified in Article 4(Contract Price) of the Contract Agreement shall be for the entire Scope of the Services specified in Technical Specification.

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The Contract Price shall remain firm and binding and shall not be subject to any escalation whatsoever on any account till completion of entire work. No escalation on any account shall be admissible. If any part of the scope of work remains incomplete due to reasons attributable to the Consultant, Employer shall deduct such sums of money as estimated by Employer to complete the work, from the price payable to the Consultant. 13. Taxes & Duties Except as otherwise specifically provided in the Contract, the Consultant shall bear and pay all taxes, duties, levies and charges assessed on the Consultant, its Sub-Consultants or their employees by Municipal, State or Central Government Authorities except Service Tax and Education Cess thereon. Service Tax and Education Cess shall be paid with each bill to the Consultant by the Employer. TDS as applicable will be deducted from each bill while releasing payment to the Consultant. Income Tax Any Indian Income Tax which Employer may be required to deduct by law or statute, shall be deducted at the source under Indian Income Tax Act on account of the Consultant. Employer shall provide the Consultant a certificate for such deduction of Tax. The Consultant shall indicate their Permanent Account Number with the relevant Income Tax Authority to Employer. 14. Mode of Payment Payment shall be released against submission of pre-receipted invoice in triplicate duly certified by APCC of Forest (Production) and Chairman, Van Bhawan Nirman Samiti, Bhopal. No additional amount shall be paid by Consultant for suspension of work or his personnel remaining idle, for whatsoever reason at site. - All bank charges shall be to Consultant’s account. 15. Security Deposit Consultant will furnish within 7 days from the receipt of order, Security Deposit in form of a Bank Guarantee for a value of 5% of the Total Contract Price including Taxes & Duties in the prescribed proforma Annexure-V from any nationalized bank. (i) The Security Deposit shall be for the due and faithful performance of the order and shall remain binding notwithstanding such variation, alteration or extension of time as may be made, given, conceded or agreed to between Consultant and Employer in the order. (ii) The Security Deposit furnished by the Consultant will be subjected to the terms and conditions of this order and Employer will not be liable for payment of any interest on the Security Deposit or any depreciation thereof.

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(iii) The Security Deposit Bank Guarantee shall be released after 3 months of completion of work and site Clearance. 16. Rights to vary or cancel the contract

Employer shall have power to vary or alter the extent, scope and/or technical character of the work under the order and the Consultant shall be bound thereby as if the same occurred in the technical specifications. Further, Employer shall have power to cancel the order, if the Consultant fails to duly perform and complete the order or if it appears to EPCO for valid reasons that the Consultant will fail to fulfil his obligations under the order for reasons other than those relieving him from his responsibility under any other provisions of this order. In such event no cancellation charges shall be paid to Consultant. Further no charges shall be paid towards idle/suspension of work. 17. Negligence 17.1 If the Consultant does not execute the Facilities in accordance with the time schedule stipulated in the Contract Agreement and shall neglect to execute the Services with due diligence or expedition or shall contravene the provisions of Contract, the Employer may give notice in writing to the Consultant to make good the failure, neglect or contravention complained of within such time as may be deemed reasonable by the Employer and in default of compliance with the said notice, the Employer without prejudice to its rights under Clause 17.2 hereof, may rescind or cancel the Contract holding the Consultant fully liable for the damages that the Employer may sustain. 17.2 Should the Consultant fail to comply with such notice, the Employer shall have at its option the right to take the affected Services wholly or in part out of the Consultant’s hands and may complete the Services, as envisaged in the Contract either departmentally or by awarding fresh Contract(s) to execute the same, at the risk and cost of the Consultant. 17.3 In such event the Employer shall be entitled to use all materials, equipment, tools, tackles and other things of the Consultant and the Employer shall also be entitled to retain and apply any sum which may otherwise be then due as per the Contract or any other Contract from the Employer to the Consultant as may be necessary for the payment of the cost of execution of such Facilities as aforesaid. If the cost of executing the Facilities as aforesaid shall exceed the sum due to the Consultant, the Consultant shall make payment for the same within the specified period. 18. Suspension / Termination of Work Employer reserve the right to suspend / terminate the work in whole or part within the contract period without assigning any reason thereof. 19. Copyright The copyrights in all drawings, documents and other materials containing data and information including drawings/ordering specifications / catalogues furnished by the Consultant to the Employer shall remain vested in the Consultant; however the Employer

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shall have the right to use all such drawings, documents and other material, data and information for execution of the Contract and operation and maintenance of the Buildings and other facilities being subject of the Contract. 20. Representatives 20.1 Consultant’s Representative 20.1.1 If the Consultant’s Representative is not named in the Contract, then within fourteen (14) days of the Effective Date, the Consultant shall appoint the Consultant’s Representative with the consent of Employer. 20.1.2 The Consultant shall not revoke the appointment of the Consultant’s Representative without the Employer’s prior written consent. 20.1.3 The Consultant’s Representative shall represent and act for the Consultant at all times during the currency of the Contract and shall give to the employer all the Consultant’s notices, instructions, information and all other communications under the Contract. All notices, instructions, information and all other communications given by the Employer to the Consultant under the Contract shall be given to the Consultant’s Representative. 21. Change in Laws and Regulations If, after Effective Date of Contract Agreement, any law, regulation, ordinance, order or bylaw having the force of law is enacted, promulgated, abrogated or changed (which shall be deemed to include any change in interpretation or application by the competent authorities) that subsequently affects the costs and expenses of the Consultant, the Contract Price and time of completion shall be correspondingly increased or decreased. 22. Force Majeure 22.1 “Force Majeure” shall mean any event beyond the control of the Employer or of the Consultant, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include, without limitation, the following: a) war, hostilities or warlike operations (whether a state of war be declared or not), invasion, act of foreign enemy and civil war. b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military government, conspiracy, riot, civil commotion and terrorist acts. c) strike, sabotage, unlawful lockout, epidemics, quarantine and plague. d) earthquake, fire, flood or cyclone, or other natural or physical disaster. 22.2 If either party is prevented, hindered or delayed from or in performing any of its\ obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within 14 days after the occurrence of such event.

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22.3 The party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party’s performance is prevented, hindered or delayed. The Time for Completion shall be extended in accordance with Clause 22 (Extension of Time for Completion) hereof. 22.4 If the performance of the Contract is substantially prevented, hindered or delayed for a period of more than ninety (90) days on account of Force Majeure during the currency of the Contract, the parties will develop a mutually satisfactory solution. 23. Change in the Scope of Services 23.1 The Employer shall have the right to propose/ consider Consultant’s proposal, and subsequently order the Consultant from time to time during the performance of the Contract to make any change, modification, addition or deletion to, in or from the Services (hereinafter called “Change”), provided that such Change falls within the general scope of the Services and does not constitute unrelated work and that it is technically practicable, taking into account both the state of advancement of the Facilities and the technical compatibility of Change envisaged with the nature of the Facilities as specified in the Contract. 23.2 Notwithstanding Sub-Clauses 23.1 hereof, no change made necessary because of any default of the Consultant in the performance of its obligations under the Contract shall be deemed to be a Change, and such change shall not result in any adjustment of the Contract Price or the Time for Completion. 23.3 If the Employer proposes/ considers Consultant’s proposal for a Change pursuant to Sub-Clause 23.1 hereof, it shall send to the Consultant a “Request for Change Proposal,” requiring the Consultant to prepare and furnish to the employer as soon as reasonably practicable a “Change Proposal,” which shall include the following: (a) brief description of the Change (b) effect on the Time for Completion (c) estimated cost of the Change (d) effect on any other provisions of the Contract. 23.4 The pricing of any Change shall, as far as practicable, be calculated in accordance with the rates and prices included in the Contract. If such rates and prices are inequitable, the parties thereto shall agree on specific rates for the valuation of the Change. 23.5 Upon receipt of the Change Proposal, the Employer and the Consultant shall mutually agree upon all matters therein contained. Within fourteen (14) days after such agreement, the Employer shall, if it intends to proceed with the Change, issue the Consultant with a Change Order with the approval of competent authority. 23.5.1 If the Employer and the Consultant cannot reach agreement on the price for the Change, an equitable adjustment to the Time for Completion, or any other matters identified in the Change Proposal, the Employer may nevertheless instruct the Consultant to proceed with the Change by issue of a “Pending Agreement Change Order.”

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Upon receipt of a Pending Agreement Change Order, the Consultant shall immediately proceed with effecting the Changes covered by such Order. The parties shall thereafter attempt to reach agreement on the outstanding issues under the Change Proposal. 23.5.2 If the Employer decides not to proceed with the Change for whatever reason, it shall, within the said period of fourteen (14) days, notify the Consultant accordingly. 24. Extension of Time for Completion 24.1 The Time(s) for Completion specified in the Contract Agreement shall be extended if the Consultant has delayed or impeded in the performance of any of its obligations under the Contract by reason of any of the following: a) any Change in the Services as provided in Clause 23 (Change in the Services) hereof b) any occurrence of Force Majeure as provided in Clause 22 (Force Majeure) hereof, c) any suspension order given by the Employer under Clause 18 (Suspension) hereof d) The default by the Employer under Clause 11 hereof, if proved to be cause for delay in completion of the Facilities by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or impediment sustained by the Consultant. 24.2 Except where otherwise specifically provided in the Contract, the Consultant shall submit to the employer a notice of a claim for an extension of the Time for Completion, together with particulars of the event or circumstance justifying such extension as soon as reasonably practicable after the commencement of such event or circumstance. As soon as reasonably practicable after receipt of such notice and supporting particulars of the claim, the Employer and the Consultant shall agree upon the period of such extension. In the event that the Consultant does not accept the Employer’s estimate of a fair and reasonable time extension, the Consultant shall be entitled to refer the matter for Conciliation / Arbitration. 24.3 The Consultant shall at all times use its reasonable efforts to minimise any delay in the performance of its obligations under the Contract.

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Annexure-IV

DECLARATION BY TENDERER (To be furnished on letter head)

NIT No. EPCO/GRIHA/VBF/25/2014-15 dated 26/03/2015 Name of Work: Selection and Appointment of Green Building Consultant for proposed construction New Van Bhawan Complex Building Project at Bhopal. We hereby declare that our organisation M/s ________________________________ have not been banned or delisted by any Government or Quasi Government agencies or Public Sector Undertakings. Signature of the Tenderer Name : Designation : (Seal of the Company)

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Annexure-V

UNCONDITIONAL BANK GUARANTEE

FOR

PERFORMANCE SECURITY

(To be issued by Nationalised Bank)

(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank) 1. In consideration of the.........................................................................................

(hereinafter referred to as “the Employer”) having agreed to exempt M/s…………………………….......................................(hereinafter referred to as “the Consultants”) from the demand, under the terms and conditions of agreement dated………….. made between ……………… And ………………………………………… (hereinafter called “the Agreement”) for performance security for the due fulfilment by the said Consultants of the terms and conditions contained in the said agreement on production of Bank Guarantee for `……………………. (in figures) `……………………………………………….……… (in words) only. We……………………………. (hereinafter referred to as “the Bank”) do hereby undertake to pay to Employer an amount not exceeding `………………………………………. against any loss or damage caused to or suffered or would be caused to or suffered by the Employer by reason of any breach by the said Consultants of any of the terms and conditions contained in the said agreement.

2. We…………………………… (Bank), having its head office at................. do hereby

guarantee and undertake to pay the amount due and payable under this guarantee without any demure merely on a demand from the Employer stating that the amount claimed is due by way of loss or damage caused to or suffered by the Employer by reason of any breach by the said Consultants of any of the terms and conditions contained in the said agreement or by reason of the Consultants' failure to perform the said agreement. Any such demand made on the Bank shall be conclusive as regard the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding `………….……... (in figures) ` ……………………………………(in words)

3. We …………………. (Bank) further agree that the guarantee herein contained shall

remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all dues of the Employer under or by virtue of the said agreement have been fully paid and its claim satisfied or till Employer certifies that the terms of the said agreement have been fully and properly carried out by the said Consultants and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made in writing on or before ……………………… (date) we shall be discharged from all liability under this guarantee thereafter.

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4. We…………………………………… (Bank) further agree with the Employer that the Employer shall have the fullest liberty without our consent and without effecting in any manner obligations here under to vary any of the terms and conditions of the said agreement or to extend time of performance by the said Consultants from time to time or to postpone for any time or from time to time any of the powers exercisable by the Employer against the said Consultants and to force-bear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liabilities by reason of any such variation or Extension having granted to the said Consultants for any forbearance act or commission on the part of the Employer or any indulgence by the Employer of the said Consultants or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

5. We …………….. (Bank) hereby also undertake to have the signature of Branch

Manager issuing the Bank Guarantee verified from the local branch of the bank in Madhya Pradesh.

6. We ………………… (Bank) lastly undertake not to revoke this guarantee during its

currency except with the previous consent of the Employer in writing. Dated the……………………day of…………………..20…....... at……………

WITNESS

_____________________ ________________________

(Signature) (Signature)

_____________________ ________________________

(Name) (Name)

_______________________ ____________________________

_______________________ ____________________________

_______________________ ____________________________

Official Address & Designation

(With bank stamp)

Attorney as per Power of Dated__________ Number________

34

Annexure-VI

TECHNICAL SPECIFICATION AND BRIEF DESCRIPTION OF WORK

1.0 Introduction

EPCO, Bhopal, will build a New Van Bhawan Complex Building Project the site is located at Gautam Nagar on the newly developed Subhash Nagar Road at Bhopal. The proposed campus will be a 3 star GRIHA rated campus, to be built on a site with total area of 48 Acres (aprox.) 2.0 Brief Details of Building

New Van Bhawan Complex at Tulsi Nagar, Bhopal

S.N. Description In SQM In acres In hectares

1 Plot Size 39518.97 9.77 3.95

2 GRIHA Rating required

4 Star preferably

Proposed Area Chart (approx.)

S.N. Description of Floors

Block 'A' Block 'B' Block 'C' Block 'D' Block 'E' Utility Block

Height

Built up area in SQM

Built up area in SQM

Built up area in SQM

Built up area in SQM

Built up area in SQM

Built up area in SQM

In Meters

1 Basement 0 0 0 0 2820.37 494.06 4.5

2 Ground Floor 2382.66 687.88 1769.07 728.91 2113.81 0 4.5

3 First Floor 2288.4 98.51 1751.1 526.2 2059.22 0 4.5

4 Second Floor 2816.16 492.41 1722.38 526.2 2059.22 0 4.5

5 Third Floor 2786.37 0 23.9 0 70.87 0 4.5

6 Terrace 75.31 0 0 0 0 0 2.5

Covered Area of all Floors in each Block

10348.9 1278.8 5266.45 1781.31 9123.49 494.06

Total Covered Area of all Blocks A+B+C+D+E

28293.01

1 Client Department Forest Department, Govt. of M.P, Bhopal.

2 Coordinating Department

Environmental Planning & Coordination Organization, Bhopal (EPCO).

3 Executing Agency M.P State Tourism Development Corporation Ltd, Bhopal.

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3.0 Scope of Work The Green Building consultant shall be required to work in a team comprising of the Architects, HVAC, Electrical Consultants, Plumbing consultants etc. and look into all aspects of building and system planning, design, construction and operation; critically evaluate the impacts of each design decision on the environment and arrive at viable design solutions to minimize the negative impacts and enhance the positive impacts on the environment. To summarize, the following aspects of the design are looked into in an integrated way in a green building: a) Sustainable Site planning b) Building design Optimization c) Energy Performance Optimization d) Renewable energy utilization e) Water, waste-water and Solid Waste management f) Sustainable Building Material & Construction Tech. g) Health, Wellbeing & Environmental quality 3.1 Facilitation of GRIHA registration

Green Building Consultant shall facilitate the registration of project with ADaRSH for GRIHA rating. The registration shall be done online and the web address is as given below: https://tools.grihaindia.org/Project/Create 3.2 Green building consultancy to meet minimum 3 Star GRIHA and GRIHA documentation Green Building Consultant’s interventions in the proposed development in several aspects of green design shall be broadly under two categories: 3.2.1 Activity 1- Green building consultancy services to meet minimum 3 Star GRIHA Advisory services for review and finalizing the scheme / designs submitted by Architect for building performance over its entire life cycle, from inception to operation to achieve green building requirements, i.e. minimum 3 Star GRIHA. 3.2.2 Activity 2- GRIHA documentation services The scope includes rendering services to coordinate and facilitate the certification process to achieve maximum Star under the GRIHA rating system. This service also includes providing and processing of all necessary documents/ formats and files for registration with appropriate authority and taking the provisional GRIHA certification and the final GRIHA rating. Details of the scope of work is given below: 3.2.3 Activity 1- Green building consultancy services to meet minimum 3 Star GRIHA Rating: The scope of services includes incorporation of all requirements as per GRIHA. The following route shall be followed to achieve the intent.

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• GRIHA advisor shall provide necessary guidelines on incorporation of green design intent at the aforementioned stages of design to architects. • GRIHA advisor shall evaluate the designs with respect to the guidelines provided and practicality of applying the principles/guidelines to the design. • Decisions on adoption of the guidelines shall be based on techno-commercial feasibility. The decision of the client shall be final in all such cases. • The design team shall incorporate suitable/ appropriate design changes based on the recommendations provided by GRIHA advisor as and when required. • GRIHA advisor shall further review and evaluate the incorporated design changes (based on evaluation techniques as elaborated below) both at macro level of site and at micro level of the buildings. Final report on green design concepts adopted/adoptable in the complex shall be provided by the GRIHA advisor. The detail scope of services of green consultancy service shall broadly consist of the following: 3.2.3.1 Sustainable site planning: The consultancy service for sustainable site planning includes the detail study of the proposed site and its surrounding, and providing detail design guidelines to the architect, landscape architect, project manager/ executing officer to improve the site design and construction process to meet all the mandatory norms and score maximum points under criteria-1 to 5 & 7 to 9 of GRIHA. 3.2.3.2 Sustainable building design: This consultancy service aims to achieve sustainable building design by using solar passive design technology or low energy design features that include shading design and day lighting as per the mandatory requirements of criterion-13. This service includes detail feasibility study and analysis of the proposed building design and provides necessary design recommendations to the architect to optimize the proposed building design to score maximum points in GRIHA. 3.2.3.3 Energy performance optimization: Consultancy for achieving adequate thermal and visual comfort as defined under NBC (National Building Code) 2005 and optimization of energy performance to achieve maximum points under criteria-13 & 14 using recommended energy efficiency methods by ECBC (Energy Conservation Building Code)-2007. The service includes review of the proposed envelope and electro-mechanical design and the major energy consuming system which will be covered under this service are: • Building envelope • Artificial lighting design • HVAC system

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3.2.3.4 Renewable energy utilization Consultancy to offset the total connected (thermal and electrical) load (partly or fully) through the use of renewable energy to meet mandatory GRIHA norms and achieve maximum points. The major applications of renewable energy systems in GRIHA are: • Power generation • Hot water generation • Outdoor lighting 3.2.3.4 Low energy building material and construction technology This service includes providing detail guideline and advice on selection of materials for both exterior and interior that are eco-friendly, locally available and rapidly renewable with low emission potential. This service comprises the following objectives to score maximum points under criteria-15 to 17 in GRIHA: • Utilization of fly ash in building structure • Reduce embodied energy of construction by adopting efficient technologies and/or low energy material • Use low energy material in interiors 3.2.3.6 Water, waste-water and solid waste management This consultancy service broadly focus on reducing the potable water demand, reuse and recycle of the waste water for various non-potable means and solid waste management in the proposed project through various effective measures and technology. The major objectives of this consultancy service to score maximum points under criteria-10 to 12 and 20 to 25 in GRIHA are as follows: • Optimization of landscape water demand • Reduction in the construction water usage • Optimization of building water usage • Review of the technological options for waste water treatment and rainwater harvesting system • Calculations for water recycle and reuse (including rain water) • Reduction in waste during construction • Efficient waste segregation • Storage and disposal of waste • Resource recovery from waste etc. 3.2.3.7.1 Health-well-being and environmental quality This service provides detail guideline for achieving good indoor environmental quality and maintaining health and well-being of occupants. This service comprises the following objectives to score maximum points under criteria-26 to 31 in GRIHA: • Use of low VOC paints, adhesives and sealants • Minimize ozone depleting substances • Ensure water quality • Acceptable outdoor and indoor noise level

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• Tobacco smoke control • Provide accessibility for people with disabilities 3.2.4 Activity 2- GRIHA documentation Services: The consultancy service for GRIHA documentation includes collection of design inputs/ narratives/ submittals from the respective design team/ consultant/ project management team as per the GRIHA requirements and consolidate the complete data in the format of GRIHA compliances. The consultancy service also includes filtering, cross validation, verification of consistency and adding value to the submittals to ensure correctness of compliances. The final objective of this service is to submit the complete GRIHA document to the GRIHA Secretariat and enable the project team to get the desired rating. 4.0 Deliverables All the documents/ drawings approved by GRIHA will be the property of the Client. The same shall be submitted by Client immediately after getting the approval. Deliverables from Green Building Consultant shall be in form of design recommendations and report. Drawings as required generated after incorporation of Green Building Consultant’s recommendations shall be in architect’s scope. Deliverables 1. Project inception report 2. Draft report on sustainable site planning 3. Draft report on building design optimization 4. Draft report on energy performance optimization 5. Draft report on renewable energy utilization 6. Draft report on water, waste-water, solid waste management 7. Draft report on sustainable building material and construction technology and, health, well- being and 8. Draft report on training program on green buildings 9. Complete GRIHA documentation including consolidated final consultancy report on all above task. 5.0 Incidental Services The broad scope of services is classified in terms of activities at Sl. No. 3 above. The entire incidental services related with the activities shall be deemed included in the scope of services. No extra payment shall be made for the incidental services. Revision of drawing and designs pertaining to consultant’s scope of work shall be made by the Consultant as and when required by the client / owner / GRIHA Secretariat. No payment shall be made for any revised drawing prepared by the Consultant.

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Annexure-VII

TECHNICAL BID

FOR

GREEN BUILDING CONSULTANCY FOR CONSTRUCTION WORK OF New Van Bhawan Complex Building Project at Bhopal, MADHYA PRADESH, INDIA

S.N.

Information and documents required

Information and documents to be supplied by the bidder in following format

1. Name of Bidder's firm

2. The bidder should have minimum annual turnover of consultancy fee amounting to Rs. 10.00 Lac (Rs. Ten Lac only) or more during each of the last three financial years i.e. year 2011-12, 2012-13 and 2013-14

Note: i. Audited Profit and Loss Account and Balance Sheet with report of Chartered

Accountant shall be enclosed in support of above. ii. Information shall be furnished in the same format. Failure may result in disqualification.

S.N. Year Total Annual turnover (Rs. In Crore)

Annual turnover from Project Management/ Supervision & Quality Control (PMC/SQC)

Consultancy fee (Rs. In Crore)

1 2011-12

2 2012-13

3 2013-14

3. The applicant firm should have executed at least one project of minimum 3 star GRIHA rating. Note:

i. Certificate along with page no in the bid, of Clients shall be enclosed in support of the above. ii. Information shall be furnished in the same format. Failure may result in disqualification.

S. N.

Name of

Client

Particulars of

project

Year Cost of

the project

Page No. of support document

From Till Floor

area

1 2 3 4 5 6 7 8

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4 The applicant should have at least one GRIHA registered project.

S. N.

Name of

Client

Particulars of

project

Year

Floor area

Cost of the project

Page No. of

support

document

From Till

Status (Completed/ongoing)

1 2 3 4 5 6 7 8 9

Note:

1. Technical Bid should be submitted duly page numbered and indexed. All the documents enclosed with the Technical Bid should be self attested by the Bidder. Technical Bid submitted otherwise will not be considered.

2. Technical Bid should be submitted along with the documents as laid down in 2.5 of Instruction to Tenderers.

3 Bidders will have to submit an affidavit duly notarized as per 2.5 of Instruction to Tenderers.

4. Bidders shall furnish an undertaking as under as part of the bid, on its official letter head duly signed with proper seal.

UNDERTAKING

“We certify that no member of our board has been convicted by a Court of Law nor any regulatory authority has indicated for any violation nor have we been ever blacklisted by a department of any Government or its entity. It is further stated that there is no investigation pending against us or our sister concern. It is certified that no conflict of interest exists as on date and in future if such a conflict of interest arises we will intimate the same to the Client.

Signature and Seal of Bidder

Date:

Place:

41

Annexure-VIII

FORMAT FOR FINANCIAL BID

Name of Work: Selection and Appointment of Green Building Consultant for proposed New Van Bhawan Complex Building Project at Bhopal including obtaining 3 Star GRIHA rating for the Construction.

S.N. Description Amount in Rs. 1 Providing consultancy services for Facilitation,

Assistance in Design & Specification, Computer Based Analysis and inputs for the Buildings and its components while collaborating with the Design & Project Management team and other consultants to create the most sustainable design output and certification for the project conforming to 3 Star GRIHA rating including all services mentioned in the tender document and Providing documentation services to coordinate and facilitate the certification process to achieve maximum Star under the GRIHA rating system. This service also includes providing and processing of all necessary documents/ formats and files for registration with appropriate authority to achieve the green building rating, both provisional and final.

Total Contract Price in Figures Total Contract Price in Words

Notes:

1. Price shall be inclusive of all the expenses and taxes accept Service Tax. 2. Prices shall be firm and binding throughout the contract period.