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JAMMU & KASHMIR STATE POWER DEVELOPMENT
CORPORATION LIMITED
(CHIEF ENGINEER, CIVIL INVESTIGATION & DESIGN WING KASHMIR)
LETTER OF INVITATION (LOI)
FOR
ENGAGEMENT OF CONSULTANT
FOR REVIEW AND UPDATION OF DPR AND
ASSISTING JKSPDC
IN PROCUREMENT OF EPC CONTRACT
FOR
IMPLEMENTATION OF RMU works of existing 9 MW HEP
MOHRA IN DISTRICT BARAMULLA
JAMMU & KASHMIR STATE
ON TURN-KEY BASIS
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J & K STATE POWER DEVELOPMENT CORPORATION LIMITED
OFFICE OF THE CHIEF ENGINEER, CIVIL INVESTIGATION & DESIGN WING KASHMIR,
SRINAGAR-190018
Telephone: 0194-2493163. Fax: 0194-2491363 Email: [email protected]
LETTER OF INVITATION
No:
Date:
To
__________________________
__________________________
__________________________
__________________________
Subject: Engagement of Consultant for REVIEW AND UPDATION OF EXISTING DPR AND
ASSISTING JKSPDC IN BIDDING PROCESS FOR PROCUREMENT OF AN EPC
CONTRACT FOR IMPLEMENTATION OF RMU works of existing 9 MW MOHRA
HEP IN DISTRICT BARAMULLA
JAMMU & KASHMIR STATE ON TURN KEY BASIS
Dear Sir,
The J&K State Power Development Corporation Limited (JKSPDC) intends to Execute RMU works of exiting 9 MW Mohra HYDRO ELECTRIC PROJECT in District Baramulla, JAMMU & KASHMIR STATE ON TURN-KEY
BASIS. For the above purpose, the JKSPDC is intending to engage the services of reputed consultants/ consulting companies/ consulting organizations for:
1. Review /Update the DPR as per the detailed terms of reference/scope indicated in this document.
2. Preparation of pre-qualification (RFQ) bid documents conforming to CEA, CWC, MOP, GOI Guidelines/ Standard FIDIC documents (as per the requirement of the Owner) and evaluation thereof for selection of technically responsive bidders for the EPC Contract through an International competitive bidding process.
3. Preparation of “REQUEST FOR PROPOSALS (RFP)”- Bid Documents conforming to CEA,
MOP,GOI guidelines/Standard FIDIC documents (as per the requirement of the Owner) using
the Reviewed/updated DPR and evaluation thereof for selection of EPC Contractor.
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4. Assisting JKSPDC in bidding process at all stages including techno-commercial evaluation of bids
received for procurement of the EPC Contract.
5. The Consultant shall also be required to share and transfer all requisite information and knowledge
regarding the project execution and all technical features including design layout, design features,
construction schedule etc with JKSPDC and also the Project Management Supervision Consultant to
be separately engaged by JKSPDC.
ELIGIBILITY CRITERIA
The intending bidders would be required to meet and comply with following eligibility criteria.
A. ESSENTIAL TO MEET 1. The bidder should be an established well known reputed Consulting Company/
Organizationestablished under Indian Companies Act 1956 ( or equivalent registration for foreign companies ) for providing consultancy services in the field of hydro-electric projects.
2. The prospective bidders should have previous experience of providing consultancy services comprising of:
Minimum 5 Years experience in Review/Updating/Preparation of DPR‟s of Hydro Electric Power Projects with minimum capacity of 20 MW and above as on 31-08- 2012.
Framing bid documents i.e. RFQ & RFP for the hydro electric projects including assisting the Owner in conducting the National competitive bidding process for procurement of EPC contract or (having been associated with Design/Engineering & Construction) of Hydro Power Projects, for the implementation of at least one hydro power project having installed capacity of at least 20 MW or more.
3. The bidder must not have been blacklisted/ debarred from practicing as Consultant by Government
of India or any Department/ Undertaking thereof, any State Government or any Department/ Undertaking thereof.
4. Intending bidders would be required to produce certified copies of the audited accounts/statements for the last 3 financial years) and other documentary evidence in support of their submissions in response to requirements listed at serial no 1-2 as above and self declaration in respect requirement listed at S. No. 3. The bidder should have a minimum average annual turnover of Rs 100 lacs consecutively from the last three financial years.
BIDDERS FAILING TO MEET THE ESSENTIAL CRITERIA WOULD BE CONSIDERED NON
RESPONSIVE AND THEIR BIDS WOULD STAND REJECTED AT THE TECHNICAL EVALUATION
STAGE.
B. DESIRABLE
5. The bidders/ companies should preferably have on its regular roll, working for at least last one year, minimum 5 Senior level key Consultants in the fields of DPR preparation; Procurement of
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Contracts, Civil Engineering (with experience in construction of dam/ barrage and tunneling), Mechanical Engineering (with experience in hydro-mechanical engineering works related to construction of hydroelectric projects), Electrical Engineering (with experience in electro-mechanical engineering works related to construction of hydroelectric projects) & Engineering Geology who have working experience of more than 10 years (in respect of post graduate engineers/geologists) and 15 years (in case of graduate engineers/ geologists), assisted by other support staff with adequate experience in procurement of contracts, surveying, design and engineering in the field of hydro power.
6. Bidders, to support and strengthen their credentials in respect of previous experience, may submit along with applications for pre-qualification, performance certificates/ completion
certificates testifying successful completion and commissioning of hydro electric projects having
installed capacity equal to or more than 20 MW in aggregate for which the consultancy stood
provided by the bidder in last 5 years.
Proposals to provide the above stated services (referred to as “proposal” herein after) should be submitted in the manner stated herein after:
SECTION-I
Instructions to Bidders:
1.0 Bidders are required to furnish all information and documents as called for in this request for proposal (RFP) document in English. Any printed literature furnished by the bidder in a language other than English, should be accompanied with an English translation, in which case, for the purpose of interpretation of the document, the English version will be referred.
1.1 Proposal should be typed or filled in ink.
1.2 All additions, alterations and over-writings in the proposal or accompanying documents must be clearly initialed by the authorized signatory.
1.3 Bidder has to be a single entity, Joint Ventures or Consortiums. The proposal is non document transferable.
1.4 The proposal document shall be submitted in the following manner in three envelopes :
Envelope-1
1.4.1 The bid shall be accompanied with earnest money amounting to Rs. 30,000/-
(RupeesThirtythousand only) which shall be in the form of a crossed Demand Draft in favour
of Accounts officer with Chief engineer, CI&D Wing Kashmir, J&K State Power Development
Corporation Limited, payable at Srinagar and placed in a separate sealed envelope-1 marked as
„BID EARNEST MONEY‟ FOR CONSULTANCY SERVICES FOR RMU works of existing Mohra HEP
on the top of the envelope.
Envelope-2
1.4.2 All the other documents explained hereinafter, shall be furnished in three sets and placed in a separate sealed envelope-2 and marked as „TECHNICAL BID DOCUMENTS FOR CONSULTANCY
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SERVICES FOR RMU works of existing Mohra HYDRO ELECTRIC PROJECT‟ on the top of the envelope. The price bid should be quoted as explained hereinafter and should be placed in a separate sealed envelope clearly marked as „PRICE BID‟ FOR CONSULTANCY SERVICES FOR RMU works of existing Mohra HYDRO ELECTRIC PROJECT‟ on the top of the envelope.
Envelope-3
1.4.3 The price bid should be quoted as explained hereinafter and should be placed in a separate sealed envelope-3 clearly marked as „PRICE BID‟ FOR CONSULTANCY SERVICES FOR RMU works of existing Mohra HYDRO ELECTRIC PROJECT‟ on the top of the envelope.
1.4.4 All the above three sealed envelopes should be put inside one single cover, sealed and clearly
super scribed on top of the cover with the words „BID FOR CONSULTANCY SERVICES FOR RMU works of existing Mohra HYDRO ELECTRIC project. Name and address of the bidder should also be clearly written on the packet.
1.5 Proposal document shall be submitted at the following address on or before 24nd September 2012 upto 1400 hrs.
Chief Engineer, Civil Investigation & Design Wing Kashmir (JKSPDC), Bemina Srinagar. PHONE NO: 0194 2493163, 0194 2491363
E-mail: [email protected]
However it may be noted that the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir
(JKSPDC) may, at his discretion, extend the due date and time for submission of the proposals
which shall be duly notified.
1.6 Any proposal received after the closing of the due date and time shall not be considered. Chief
Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) shall retain all documents
submitted by the bidder.
1.7 Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) Bemina,Srinagar also takes
no responsibility for delay, loss or non receipt of documents sent by post / courier / or other means.
1.8 All proposals (in the sealed cover/ envelope referred at 1.4.4 above super scribed as „CONSULTANCY SERVICES FOR implementation of RMU works of existing 9 MW Mohra HYDRO ELECTRIC PROJECT submitted by the applicant/ bidders by the due date
and time at office of the Chief Engineer, Civil Investigation & Design Wing Kashmir (JKSPDC) shall be
opened first by opening of the sealed envelope-1 (referred at 1.4.1 above) marked as „BID
EARNEST MONEY‟ FOR CONSULTANCY SERVICES FOR RMU works of existing Mohra HYDRO
ELECTRIC PROJECT‟ on the same date at 1400 hrs or on any subsequent date which shall be
communicated to the bidders in advance in the same office in the presence of such applicants/
bidders or their authorized representative who would like to attend the Bid Opening.
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1.9 Envelope-2 containing „TECHNICAL BID DOCUMENTS FOR RMU works of exiting Mohra HYDRO ELECTRIC PROJECT‟ (refer 1.4.2) of only those bidders, who are found to have
submitted the Bid Earnest Money in the form and in accordance with the requirements laid herein,
shall be taken up for opening.
1.10 Bids not accompanied by Bid Earnest Money shall be rejected at very outset. 1.11 The technical bids shall be evaluated by the “Bid Evaluation Committee” to be constituted for
the purpose by the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC).
1.12 Price bids, submitted in Envelope-3 and super scribed as „PRICE BID‟ of only those bidders whose score is equal to or more than specified by the JKSPDC herein after shall be opened on a date which shall be separately communicated to each of the technically responsive bidders in the same office in the presence of such technically responsive bidders or their authorized representative who would like to attend the Price Bid Opening.
1.13 The bidder may properly check the proposal before submission to ensure that all information / documents required are included.
1.14 At any time prior to opening of proposals, the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) either at his own initiative or in response to clarifications requested by a prospective bidder(s) may modify the RFP document by issuing an amendment. In addition, such amendment(s) shall be sent by fax / mail to the bidders who have already submitted their bids.
1.15 The proposals as submitted shall indicate that proposal is FIRM and that the proposal shall remain valid for a period of not less than 180 days from the date of opening of proposal.
1.16. The Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) shall preliminarily
examine the proposal to determine whether the proposals are responsive to the requirements of the RFP document. Proposals shall be considered non-responsive and liable for summary rejection if any of the following primary requirements have not been met.
1.16.1 Proposal is not received by the due date and time.
1.16.2 Proposal is not accompanied with Bid Earnest Money.
1.16.3 Proposal is not accompanied with the required documents.
1.16.4 Proposal is not a FIRM proposal.
1.16.5 Proposal is not valid for the prescribed minimum period.
1.17 The Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) shall take up evaluation of only responsive bids. Negotiations may be initiated with one or more bidders at the discretion of the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC).
1.18 The Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) reserves right to reject any proposal, if at any point of time, it becomes known or is discovered that a material misrepresentation has been made by an applicant/ bidder in the process related to submission of the bid.
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1.19 In the event of any bidder not responding to further clarifications as required for the finalization of the bid, the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) reserves the right to forfeit the bid earnest money furnished by such bidder and reject the bid.
1.20 Any deviation to any clause of this document must be properly spelt out in „Exceptions and Deviations‟ statement to be submitted along with the bid, giving details of page number and clause number and detailing the deviation. The Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) reserves the right to accept or reject any deviation or modify the relevant clause of the RFP document to the extent necessary. „Exceptions and Deviations‟ statement in the prescribed format as per Annex-7 must be attached with the proposal.
1.21 After opening of proposal and till final selection of successful bidder, no correspondence of any
type, unless called for and initiated by the Chief Engineer, Civil Investigation & Design Wing BeminaKashmir (JKSPDC), shall be entertained.
1.22 Applicant/ Bidder or authorized representative of the Applicant/ Bidder must sign each page of the proposal.
1.23 Bidders are informed that the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) is neither under any obligation to select any bidder, nor to give any reason for selecting any bidder; the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) is also under no obligation to proceed with the work or part thereof.
1.24 Successful Bidders shall have to enter into contract with JKSPDC, as per agreement format supplied herein as a part of the bid document within 7 days from the issuance of letter of intent/ letter of award of contract for consultancy services.
1.25 Successful bidder shall be required to provide a security deposit (contract performance guarantee) in the form of bank guarantee of amount not less than 5% (five per cent) of the total value of the contract and valid for the tenure of the contract plus twenty eight days in the prescribed format.
1.26 Date of start for providing of consultancy services shall be as specified in the contract agreement or notice to proceed to be issued under the contract agreement, whichever is later.
1.27 In the event of failure of successful Bidder to execute the contract agreement within 7 days from
the date of receipt of acceptance of the proposal/ letter of intent/ letter of act, full earnest money deposit shall stand forfeited and the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) may consider placing order on next competitive bidder at the risk and cost of the successful bidder.
1.28 The Standard Guidelines for Engagement of Consultants by the Chief Engineer, Civil Investigation
& Design Wing Bemina Kashmir (JKSPDC) and also containing contract for Engagement of Consultants specifying scope of work; deliverables etc. is enclosed as Annex-II.
1.29 No conditions / suggestions other than laid down in the NIT documents shall be entertained.
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SECTION-II
Information to be furnished by the Bidders
2.0 Team Leader and Members:-
2.1 The experience and qualifications of the team proposed to be assigned for the Task should be indicated as per Annex-III.
2.2 Price Bid
The bidders must quote consultancy charges in detail in one quote including travel, stay, office expenses
or any other sundry charges. This quote should include all tax liability under income tax, service tax,
professional tax, and any other tax existing ten days before the submission of price bid. The price bid
should be placed in separate sealed envelope-3 and should be clearly marked as price bid for
“CONSULTANCY SERVICES FOR RMU works of exiting 9 MW HYDRO ELECTRIC PROJECT”.
SECTION-III
Proposal Evaluation Criteria:
3.0 Technical CRITERIA
The following shall be the criteria for technical evaluation of proposals contained in the bi documents.
3.1Team Leader and Members:
Team:
Constitution of the assigned team in respect of number of members, their qualifications and experience
shall entitle the bidder to a maximum score of 1200 points.
The actual score for the team (including the team leader) of the team of 6 no senior level consultants
proposed by the bidder companies would be calculated by using following points:
1. Points for each member being on regular roll of the bidder for last 12 months @50/ each . 2. Points for post graduate degree with 10 years working experience:
Qualification: 75
Experience: 75
Points for graduate degree with 15 years working experience: Qualification: 60
Experience: 90
3.2 PREVIOUS EXPERIENCE IN THE PROFESSION/BUSINESS OF PROVIDING CONSULTANCY
SERVICES:
The time duration for which the Bidder Companies, established under Indian Companies Act, 1956 ( or
equivalent registration for foreign companies ) have been in the profession/ business of providing
consultancy in the field of hydropower would be taken as an indicator of their being active in the
business as well as resourcefulness of the bidders.
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All applicant bidders having an experience of five or more years as on 31-08-2012 in this regard would be
given 250 points. Bidders with lesser experience as per eligibility para-2 page no: 5 would be scaled
accordingly.
Team Leader:
In addition to above, the consultant/ expert, out of the 6 number senior level consultants/ experts,
nominated as the Team Leader for the present assignment would receive additional 250 points if the
expert has the comprehensive experience of having been responsible/ being associated with the
implementation of a hydro electric project having installed capacity equal to or more than 20 MW from the
stage of preparation of bid documents to testing and commissioning of the project. The expert must have
assisted the owner/ employer in bid evaluation, award of contract, design& engineering supervision &
monitoring of civil construction and erection of plant and equipment.
The Team Leader, having experience of maximum number of projects, in conformity with above, would
earn full 250 points and Team Leaders with lesser number of projects would be scaled accordingly.
Desirable:-
3.3 QUANTUM OF BUSINESS: Quantum of business handled by the bidder, supported by Income Tax Returns for last three years, would decide award of 250 Points. The bidder having the highest combined turn over at least above the minimum of average annual turnover of Rs.100 Lacs (para-4,page-5) for the last 3 years would be given full 250 points and bidders with lesser turn over would be scaled accordingly.
3.4 PREVIOUS EXPERIENCE OF PROVIDING CONSULTANCY SERVICE FOR HEP:
Previous experience of providing consultancy services involving framing/ review of bid documents, RFQ &
RFP, assisting the Employer in the bidding process for procurement of an EPC Contract, Design &
Engineering for the implementation of hydro power projects: 250 Points.
Bidder with maximum experience in terms of MW would be given full 250 points and bidders with lower
figures would be scaled accordingly.
3.5 PERFORMANCE CERTIFICATES:
Performance certificate testifying successful completion and commissioning of assignment of Design, EPC
at least one hydro electric project having capacity equal to or more than 20 MW for which the consultancy
stood provided: 500 points. The bidder furnishing the certificates in conformity with above for the largest
project would be given full 500 points and the other bidders would be rated accordingly as per the size of
the Project.
This clause shall be applicable for the experience of bidders within India or abroad.
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3.6 Qualifying Technical Score The minimum qualifying technical score, for being eligible for consideration in the next stage of
evaluation, against the maximum score of 2700, shall be 2025 POINTS (75%). The financial bids of only
those bidders, who score 2025 points or above in the technical evaluation, shall be opened and bidders
considered eligible for consideration for next stage of evaluation.
3.7 Financial Evaluation The proposal with the lowest financial bid shall be given a score of 100 and score of other bidders shall be
inversely proportional to their prices.
3.8 Technical Evaluation
The bidder with highest technical score shall be given a score of 100 and the actual scores of other
bidders shall be normalized directly in proportion to the technical score secured by them.
3.9 Overall Evaluation
The total score of each bidder shall be worked out by adding 60% weight age of technical score and 40%
of financial score.
SECTION-IV
4.0 Terms of Reference
Scope of Work
4.1 Review and Updating of existing DPR.
4.2 Preparation of pre-qualification (RFQ) bid documents in conformity with CEA,CWC, MOP, GOI, Guidelines / FIDIC documents (as per the requirement of Owner) and assisting the Chief Engineer, Civil Investigation & Design Wing Kashmir (JKSPDC) in invitation of RFQ bids and evaluation thereof for selection of technically responsive bidders through International competitive bidding process.
4.3 Preparation of “REQUEST FOR PROPOSALS”- Bid Documents conforming to CEA, CWC, MOP,
GOI guidelines/FIDIC documents (as per the requirement of Owner) using the
Reviewed/updated DPR.
4.4 Assisting the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) in
bidding process at all stages of the bidding process including techno-economic evaluation of bids received for the procurement of an EPC Contract.
4.5 The Consultant shall also be required to share and transfer all requisite information and knowledge regarding the project execution and all technical features including design layout, design features,
construction schedule, etc with the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) and also the Project Management Supervision Consultant to be separately
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engaged by the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC). A 5% of the total payment due to the consultant shall be retained up to the complete
transfer of knowledge to the Project Management Supervision Consultant.
SECTION-V
5.0 Responsibilities of the Consultant
1. Review and Updation of the existing DPR.
2. Preparation of Pre-Qualification Bid Documents for International competitive bidding
conforming to CEA, CWC, MOP, GOI guidelines/ FIDCIC documents (requirements of the Owner).
3. Evaluation of pre-Qualification Bids received in response to RFQ.
4. Preparation of Detailed RFP Bid Documents is conforming to CEA, CWC, MOP, GOI
guidelines/FIDIC documents (requirements of the Owner) using the data and other information
available from DPR for RMU works of existing 9 MW Mohra HYDRO ELECTRIC PROJECT
formulated by JKSPDC.
5. Assisting the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) at all
stages of the bidding process including participating in pre-bid conferences, drafting of replies to
bidders queries, carrying out necessary modifications to the bidding documents.
6. Techno-economic evaluation of bids received in response to RFP Bids and assisting theChief
Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) in selection of EPC
arrangement on turnkey basis.
7. Presentation before the Management committee/ Board of Directors of JKSPDC or its sub-
committees /Govt. of J&K and follow-up action as per feedback from the Chief Engineer, Civil
Investigation & Design Wing Bemina Kashmir (JKSPDC).
8. Assisting in all documentations like Contract Agreements, Construction Schedules, Interface
Schedules including signing of the various agreements.
9. Knowledge transfer and sharing.
10. Any other matter / issue related to above scope of services.
6.0 DETAILS OF DOCUMENTS TO ACCOMPANY THE BID
The following documents duly filled and signed by the applicant bidders shall be treated as part of
the bid document:
Annexure 1: LOI data
Annexure 2: Terms of reference, schedule for deliverables under the contract & schedule
for payments
Annexure 3: Format for submission of technical bids (FORMS 1-7)
Annexure 4: Format for submission of financial bid (FORM 8-9)
ANNEXURE 5: GUIDELINES FOR ENGAGEMENT OF CONSULTANTS
Annexure 6: PROPOSED CONTRACT WITH APPENDICES
ANNEXURE 7: PROFORMA FOR EXCEPTIONS AND DEVIATIONS
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ANNEXURE 8: CHECK LIST
Applicant/ Bidders are requested to keep their Proposal/ Bid valid for a period of One Hundred and Eighty
(180) days from the date of opening of the Technical Proposal, during which period they will maintain the
personnel proposed for the assignment and also the offered price.
Kindly acknowledge receipt of this Letter of Invitation through fax/e-mail per return.
Yours Sincerely,
Chief Engineer,
Civil Investigation & Design Wing Kashmir
(JKSPDC),Bemina, Srinagar.
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ANNEXURE-I
LETTER OF INTENT
BID DATA SHEET
LETTER OF INTENT
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BID DATA SHEET
SN0: ITEM DESCRIPTION
1.1 Name
of
Assign
ment
Selection/ Engagement of Consultants for Review/ Updation of DPR and assisting the Chief
Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) in procurement
of EPC Contract for the IMPLEMENTATION OF RMU works of existing 9 mw MOHRA HEP
in District Baramulla in J&K State on turnkey basis.
1.2 Name of Owner J&K STATE POWER DEVELOPMENT CORPORATION LTD.,REGISTERED OFFICE: SHAW INN ,BOULEVARD
SRINAGAR-190001J&KTEL:-0194 – 2500109,0194-2500165 , FAX:0194-2500145 JAMMU OFFICE:J&K STATE POWER DEVELOPMENT CORPORATION LTD. ASHOK NAGAR
SATWARIJAMMU-180003JAMMU & KASHMIR STATETEL:0191-2430548 FAX 0191-2435403
1.3 Description
and
objective of
assignment
The Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) desires to execute RMU works of existing 9 MW HEP Mohra for
which it has got the Detailed Project Report (DPR) framed by JKSPDC in the Year
2011
For the above purpose, the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) is intending to engage the services of
reputed consultants/ consulting organizations for:
Review and Up-dation of existing DPR. Preparation of pre-qualification (RFQ) bid documents in conformity with CEA, CWC, MOP, GOI guidelines/FIDIC documents (as per the requirement of Owner) and assisting the Chief Engineer, Civil Investigation & Design Wing Bemina Kashmir (JKSPDC) in invitation of RFQ bids and evaluation thereof for selection of technically responsive bidders through International competitive bidding process.
Preparation of “REQUEST FOR PROPOSALS”- Bid Documents conforming to CEA, CWC, MOP, GOI guidelines/FIDIC documents (as per the requirement of Owner) using the DPR of RMU works of existing 9 MW Mohra HYDRO ELECTRIC PROJECT. Assisting the Chief Engineer, Civil Investigation & Design Wing
Bemina Kashmir (JKSPDC) in bidding process at all stages of the bidding
process including techno-economic evaluation of bids received for
procurement of an EPC contract for the construction and commissioning of
RMU works of existing 9 MW HEP Mohra ( HYDRO ELECTRIC PROJECT
IN DISTRICT Baramulla, JAMMU & KASHMIR STATE ON TURN KEY BASIS.
1.4
The Owner
will provide
the following
inputs:
Detailed Project Report formulated by JKSPDC can be seen by the consultants at
the office of Chief Engineer CI&D wing JKSPDC,Bemina Srinagar. Successful bidder
(Consultant) shall be provided a copy of the DPR on award of the Contract.
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1.5 The
documents
enclosed are:
1. LOI Data Sheet
2. Terms of Reference, Schedule of deliverables, Schedule of Payments under
the proposed contract.
3. Formats for the technical and financial proposals.
4. JKSPDC Standard Guidelines for engagement of Consultants.
5. Draft Contract for the Consultancy Services.
1.6 Consortium The bidder has to be a single entity or consortium of companies to participate in
the bidding process.
1.7 Address for
submission of
bids
Chief Engineer,
Civil Investigation & Design Wing Bemina Kashmir (JKSPDC), Bemina,
Srinagar.
E-mail: [email protected].
TEL: 0194-2493163 FAX :0194-2491363
1.8 Date & Time
for submission
of bids
24-09-2012 up to 1400 hours.
1.9 Date of
opening of bids
24-09-2012 at 1400 Hours or next working date. The date of opening of financial bids shall
be communicated to technically responsive bidders separately.
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ANNEXURE-II
TERMS OF REFERENCE
1. SCOPE OF WORK
2. TIME SCHEDULE FORDELIVERABLES UNDER THE CONTRACT
3. SCHEDULE OF PAYMENTS UNDER THE CONTRACT
1. SCOPE OF WORK AND RESPONSIBILITIES OF CONSULTANT Introduction
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The Mohra HEP is a heritage run-of the river scheme on River Jhelum and was the second
Hydel scheme constructed in South Asia way back in 1905 with an installed capacity of 4.00
MW. The project is located at a distance of 90 km from Srinagar on Srinagar-Uri national high
way and about 35 km ahead of Baramulla town. The intake works of the project are located
immediately just on the downstream of the Barrage of newly constructed Uri HEP. The project
was a multipurpose one catering to the needs of the villagers for irrigation purposes as well. The
project is located all along the National Highway leading to Pakistan. The 10 Km long water
conductor of the scheme is mostly made of Deodar wood having T & G joints. By the year 1950
the power house had out lived more than its useful life &, therefore, proposals for replacement
of the old electro-mechanical and Hydro- mechanical equipment by new sets of higher capacity
was felt imperative. This necessitated the redesigning/augmentation of the initial wooden flume
(water conductor) & its other connected civil structures. The capacity of the power house was
proposed to be raised from 4.0 Mw’s to 9.0 MW’s. However, when the argumentation proposals
were still at the implementation stage, the old power house got washed away due to
unprecedented floods of 1959. The site for the new power house building was decided to be
shifted to a safer place which resulted in head loss of 31 mtrs. from existing 128.00 mtr. to
97.00 mtr.
The new power house with an installed capacity of 9.00 MW having two units of 4.5 MW
each was commissioned in 1962 & it generated electricity till year 1992. In 1992, severe floods
again damaged the project seriously. The project came to complete grinding halt /stand still
after commissioning, of the Uri-Ist HEP, in year 1997 by the NHPC, due to diversion of water
from River Jhelum near intake works of Mohra HEP towards the HRT of Uri HEP Due to heavy
leakages in the ages old wooden water conductor, the generation dwindled with the passage of
time and damages to the wooden water conductor increased due to regular slides and
depositions of heavy debris inside and above the water conductor.. The problem would get
aggravated during wet weather due to heavy slides.The project is under outage since
commissioning of the Uri-Ist HEP in year 1997 as the requisite discharges were not made
available by the NHPC for this downstream project.
The JKSPDC intends to rehabilitate this prestigious project, mostly in view of its heritage value,
by utilizing the existing Infrastructure especially its wooden water conductor after
conducting requisite restoration/ repairs/ retrofication/ replacement & refurbishment works
for the project under RMU in order to make it operational once again.
18 | P a g e
a) Under the modernization & rehabilitation proposal of the Mohra HEP, it is envisaged to
utilize the available fall of 114 mt for the 9.00 MW installed capacity. Besides the surplus flows
from the River Jehlum available during summer months, additional water shall be drawn from
the adjacent Boniyar Nallah, located near the existing intake of Mohra HEP.
Proposed RMU works.
The proposed RMU works are aimed to rehabilitate and restore the existing power project to
generate 9 MW or more power, by utilizing the existing infrastructure to their maximum utility
and maintaining the heritage value of this project by restoring/ utilizing most of the existing
wooden water conductor, which is located and visible all along its alignment parallel to National
Highway connecting Pakistan which has gained International importance due to restoration of
Muzafarabad- Kashmir ages old trade route. The proposed RMU works may include but not
limited to the following:
Modifications to existing intake works and intake channel of Mohra HEP on River
Jhelum.
Restoration /repairs to existing masonry/ concrete walls and floors of conductor including removal of debris etc.
Rehabilitation / renovation/ restoration/ strengthening of damaged portion of wooden flume with latest techniques and replacement of severely damaged wooden water conductor by RCC/ steel conduits.
Construction of Diversion structure on the Boniyar Nallah.
Construction of Boniyar link channel catering to the designed discharge from Boniyar Nallah.
Restoration, renovation/ reconstruction of damaged wooden chutes and other cross drainage works.
Modifications & restoration works for reactivation of existing desilting tank.
Re-Construction of damaged tailrace.
Restoration of damaged Breast walls / Retaining walls and approach roads.
Refurbishing / Restoration/ replacement & Modernization of all Hydraulic gates, valves & other control structures
Installation and commissioning of new electro- mechanical and Hydro- Mechanical & other auxiliary equipment.
b) Infrastructure.
19 | P a g e
The consultant shall ensure maximum utilization of existing infrastructure and give details of new
infrastructure
c) PROJECT LAYOUT/ Proposals:
Examine various alternative layouts and proposals of Mohra HEP. The Consultant will rank the
alternatives, techno economically.
d) DPR REVIEW:
The Consultant shall review and update the DPR in accordance with the prevalent:
i. CEA / CWC norms,
ii. Applicable BIS standards,
iii. Latest editions of “Guidelines for Formulation of Project Reports for Power Projects”
published by CEA,
iv. “Guidelines for Preparation of Detailed Project Report of Irrigation and Multipurpose
Projects, Govt. of India, Ministry of Irrigation” published by CWC.
v. “Guidelines for Preparation of Estimates for River Valley Schemes” published by CWC.
vi. MOEF/ Forest/ PCB guidelines.
The references of such standards, practices shall be specified in the DPR, together with
appropriate appendices and drawings.
e) The DPR shall include design briefs, general project layout and layout of each major structure,
sufficient plans and cross-sections to establish the magnitude and characteristics of works and
their costs. The D.P.R shall include detailed design of each component and specific details and
specifications for all the restoration, retrofitting, refurbishing, and all new works.
f) Electromechanical Works:-
For E&M and Hydro Mechanical Works, the details in DPR shall include the Design Briefs,
calculations for preliminary dimensions, weights, ratings and settings, single line diagrams
indicating ratings of equipments, sizes, Plans and sections indicating their locations etc.
g) DESIGNS:-
The Consultant shall prepare in sufficient detail, designs of all structures required for the selected
alternative. The recommendation for proposed alternative shall be supported with cost details and
optimization studies. The Consultant shall establish conclusively, that the suggested Project
alternative and layout, is the techno economically the most feasible option, with maximum possible
utilization of existing infrastructure.
h) POWER POTENTIAL STUDIES: -
The consultant will carry out power potential optimization studies to review the Capacity and unit
configuration.
i) COST ESTIMATION: -
20 | P a g e
The Consultant shall review cost estimates based on the available data as well as that to be
collected by way of additional survey/investigation at DPR stage. This shall include:-
I) The cost of R & R, EMP, etc.
II) The cost on account of project engineering and construction management
expenses, the owner‟s overhead expenses, and an adequate allowance for physical contingencies
(to be determined on the basis of risks involved in the construction of the different structures, as
per relevant guidelines).
III) Import duties, taxes and interest during construction shall be assessed and separately indicated the cost estimates shall be broken down into local and foreign currency components if required
on the basis of Indian/International practices. Prices for major civil works and for permanent equipment shall be estimated on the basis of Indian/International Practices, supported with Rate Analysis as per CWC Guidelines and/or documents showing current market trends.
J) Surveys / Investigations
The bidder shall have to review the documents, and available data required for Updation of DPR Any
additional DPR level Geological investigations as may be suggested by the consultant shall be carried out
by the owner. However all the additional topographical digitized survey for the project components like
Head works, water conductor, Intake works, X- drainage works, Desilting Basin, Forebay, Spill Channel,
Penstock, Power house Area, Tailrace etc. shall have to be carried out by the Consultant, for which rates
shall have to be quoted by the Consultant separately for taking L- section, X- sections, Site plan, Contour
plans etc. for about 3 sq. Km of the area. The details of Tentative B.O.Q for this survey work as under:
1. Preparation of L- section & X- section along Nallah / water Conductor, submergence area
etc using automatic electronic Digital total station by taking readings after intervals not
exceeding 100M and at all obligatory / profile charge points.( width of cross sections as per
site requirement but not less than 100M Width) for a total length of 15 Kms.
2. Preparation of site plans with Contours as per required contour interval along Nallah, water
conductor and other main project components using Automatic Electronic Digital total station
by taking readings after intervals not exceeding 100M and at all important profile changes,
Buildings, Bridges, and other permanent features for an area of 3 sq.km.
The quantum of survey works may increase or decrease as per actual site requirements and payments
shall be regulated as per the rates allotted to the consultant separately for this Survey work. The
consultant shall have to provide survey field data in three sets both in hard & soft copies for working out
the actual quantum of survey work conducted and regulating payments thereof for the survey work.
Any other tests, if any required shall have to be carried out by the bidder. All consistency and other
requisite tests and studies on the available Hydro-Metrological data shall form part of the scope of work
for the bidder.
21 | P a g e
The EIA / EMP studies have not been conducted by owner as this is an existing project for which RMU is
being undertaken. Bidders shall have to collect all the DPR level baseline field data for developing R&R
plans and the DPR shall contain a separate chapter on EIA/ EMP issue as per norms / requirements of
MOEF/ Forest department / Pollution Control Board.
k) SENSITIVITY ANALYSIS:
Sensitivity analysis on tariff of energy generated at the Project shall be performed taking into
consideration the provisions of J&K Electricity Act, 2010 JKSERC/CERC guidelines, and specially covering
the material and labour costs, load growth, foreign exchange variation, capital outlay, as well as operating
costs including change in depreciation rates, interest rate, return on equity and O & M expenditure and
discount rates. A Risk Matrix shall be prepared and included in the DPR covering aspects like unplanned
delays in project implementation, R & R, etc, and also the environmental protection aspects of the
Project.
l) DATA REVIEW & VALIDATION:
The Consultant shall review and analyze the available hydro meteorological data, encompassing the
impact of upstream/downstream projects and perform the necessary work for up-gradation of the
hydrologic studies to establish the river flow series, the design floods, the sediment inflow and deposition
and other hydrologic parameters for design work. The Consultant shall formulate and deliver a suitable
software model in which future data updating can be made and used for forecasting daily/seasonal water
discharges.
m) CONSTRUCTION MATERIALS:
Consultant shall verify availability of various construction materials at locations indicated as well as
properties, characteristics and adequacy as indicated in the available documents and if necessary, suggest
suitable alternatives.
n) CONSTRUCTION SCHEDULE:-
A construction schedule using modern project management tools and analysis, showing schedules for
annual construction expenditures, covering the entire construction period, shall be prepared. The
construction and installation program for each package shall be developed on the basis of the detailed
study of all activities involved and of the construction techniques planned. These programs shall take into
consideration interface with other construction activities, access availability, anticipated Geological
conditions, normal construction efficiencies, meteorology and river regime, etc. The construction and
installation programs developed shall be made in Prima Vera/Microsoft Projects which shall incorporate all
contracting activities, supplies, civil works and equipment erection in such a way as to maintain
appropriate sequence. All these programs shall be computer based. Sufficient knowledge/hands on
training shall be provided to JKSPDC team of officials to use these programs.
22 | P a g e
o) FLOOD MODERATION: -
Perform flood moderation studies, which besides other details shall include assessment of the cost of
flood moderation. This should also encompass designing a flood forecasting and flood warning system to
give adequate time for taking up all the possible precautionary measures in case of occurrence of heavy
floods, during the construction, and post Construction period.
p) R&R ISSUES: -
A detailed assessment of submergence of property, villages, roads, cultivation etc. and a suitable
rehabilitation and resettlement plan along with costing, inconsonance with EIA/EMP Plans, shall be
provided in the DPR as per relevant guidelines.
r) FINANCING MIX:-
The DPR shall include detailed financial model indicating the best financing mix. The model shall have
both options of “with or without mega power status.”
A. DPR SUBMISSION AND APPROVAL :
a. Between the DPR submission and bidding process there may be a break. In this case the
Consultant will be granted time extension with cost remaining neutral. In case the break is for
more than three months for the reasons not attributable to the consultant or beyond his
control, escalation @5% per annum shall be granted for the cost related to the Bid Process.
The time schedule for various mile stones shall be as under:
S. No. Activity Time (in days)
1 Letter of Award/ letter of intent T0
2. Submission of work plan and methodology with approval of Owner (JKSPDC).
T0 + 14
3. Submission of the review report on DPR & on additional surveys, investigations, tests required if any by the owner and/ or by the consultant.
To +21
4. completion of topographical surveys To + 28
5. Submission of Hydrology, Power Potential studies. T0 + 35
6. Submission of Draft DPR
T0 + 70
7. Submission of final DPR and RFQ. To + 90
8. Finalization of pre-qualification of tenderers and issue of RFP. To + 135
9. Clearances from IWT/ Forest/PCB and other statutory bodies To + 150
10. Completion of bidding process for procurement of EPC
contract and financial closure.
T0 + 180
(note:- No change in submission of DPR will be accepted).
a. Consultant shall ensure that the DPR is “bankable” and complete in all respects. Cost
23 | P a g e
Structuring i.e. with or without access road
b. The DPR in draft form shall be submitted to office of the Chief Engineer, Civil Investigation &
Design Wing Bemina (Kashmir) JKSPDC. The Chief Engineer, Civil Investigation & Design Wing
Bemina (Kashmir) JKSPDC will review the draft DPR and after incorporating JKSPDC‟s comments,
the Consultant shall submit 5 bound hard copies of the final DPR along with two copies in soft
form.
c. The DPR shall be submitted by JKSPDC to IWT for its Clearance and the Consultant shall
provide all assistance required to obtain required clearances/ approvals, including drafting of
replies to queries raised by GSI/CWC/CEA/Indus Commission/PCB/ Forest and other statutory
bodies which shall include doing and redoing any calculations/ revision in proposals/ Drawings/
Designs etc as per their directive and deputing experts during the discussions with GSI/CEA /
CWC/Indus Commission/ PCB/ Forest and other statutory bodies. The Consultant shall also submit
the final revised DPR after their observations.
B. BIDDING DOCUMENT & PROCESS:
The Consultant will also prepare the bidding documents comprising of Request for Qualification& Request
for Proposal leading to award of EPC contract. The consultant shall assist the Chief Engineer, Civil
Investigation & Design Wing Bemina (Kashmir) JKSPDC through the entire bidding process up to the
selection of the EPC contractor and award of contract. Drafting/Preparation of Agreements documents for
the purpose shall be the responsibility of the Consultants. The consultant may draft the RFQ/RFP as a
concurrent activity with DPR preparation.
C. KNOWLEDGE SHARING & TRANSFER:
The Consultant shall also be required to share and transfer all requisite information and knowledge
regarding the project execution and all technical features including design layout, design features,
construction schedule, etc with the Chief Engineer, Civil Investigation & Design Wing Bemina (Kashmir)
JKSPDC and also the Project Management Supervision Consultant to be separately engaged by JKSPDC.A
5% of the total payment due to the consultant shall be retained up to the complete transfer of
knowledge to the Project Management Supervision Consultant.
2. COST OFFER:
The cost quoted should be all inclusive including taxes & duties, out of pocket expenses, boarding and lodging etc. Service tax may be indicated separately. The cost offer should separately indicate the cost for DPR review /Updation, topographical surveys and Bidding Process for EPC Contract in the following manner
S.No Module Basic
cost
Service
tax
Total
1. Review & Updation of DPR
24 | P a g e
2. Conducting additional topographical survey/investigations
rates to be quoted as per given BOQ
3. Bidding Process including drafting of RFQ, RFP, and
assisting the Chief Engineer, Civil Investigation & Design
Wing (Kashmir) JKSPDC in procuring EPC contract
Total*
The total cost is all total inclusive of taxes, duties, out of pocket expenses, travelling, boarding, lodging,
visits to site, conducting meetings and making presentations with the owner and other concerned
authorities as may be required, etc. Nothing extra over this cost shall be paid by the owner.
Responsibilities of the Consultant:
1. Review/Updation of DPR
2. Preparation of Pre-Qualification Bid Documents for International competitive bidding conforming to CEA, MOP, GOI guidelines/ FIDIC documents (requirements of the Owner).
3. Evaluation of Pre-Qualification Bids received in response to RFQ.
4. Preparation of Detailed RFP Bid Documents conforming to CEA,CWC, MOP, GOI guidelines/ FIDIC documents(requirements of the Owner) using the data and other information available from DPR of RMU works of existing 9 MW MOHRA HYDRO ELECTRIC PROJECT formulated by JKSPDC.
5. Assisting the owner at all stages of the bidding process ,drafting of replies to bidders queries, carrying out necessary modifications to the bidding documents.
6. Techno-economic evaluation of bids received in response to RFP Bids and assisting the Chief
Engineer, Civil Investigation & Design Wing Bemina (Kashmir) in selection of EPC arrangement on turnkey basis. Presentation before the management committee/ Board of Directors of JKSPDC /Govt. of J&K/ other statutory bodies & authorities and follow-up action as per feedback from the owner.
7. Assisting in all documentations like Contract Agreements, Construction Schedules, Interface Schedules including signing of the various agreements.
8. Knowledge sharing & transfer.
9. Any other matter / issue related to above scope of services.
Signature of Bidder
2. SCHEDULE OF PAYMENTS UNDER THE CONTRACT Module I: Review & Updation of DPR S. No. Milestone % of fee (excluding cost on
account of topographical
surveys)
1 Commissioning advance against bank guarantee after issue of
Letter of Award.
10%
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2. Submission of work plan and methodology with approval of Owner (JKSPDC).
5%
3. Submission of the review report on DPR & on additional
surveys, investigations, tests required if any by the owner and/ or by the consultant.
10%
4. Completion of topographical surveys and sub-mission of survey
data.
As per BOQ for survey work.
5. Submission of Hydrology, Power Potential studies, Geological
surface mappings and layouts
15%
6. Submission of Draft DPR 20%
7. Submission of final DPR and RFQ. 20%
8. Clearances from IWT/ Forest/PCB and other statutory bodies 15%
9. Retention money for knowledge sharing and transfer 5%
Total ( Including taxes) 100%
Module II: Bid process for selection of an EPC contractor
S No Milestone % of Fee
1 Commissioning Advance against submission of Bank Guarantee 10%
2 Submission of RFQ documents conforming to current CWC/CEA guidelines based
on data of reviewed/available DPR and approval of owner. 10%
3 Evaluation of RFQ and acceptance by the Owner. 10 %
4 Submission of RFP documents conforming to current CWC/CEA guidelines based
on data of reviewed DPR and approval of owner. 10%
4 Techno-Economic Evaluation of bids received and assistance in selection through
EPC arrangement on turnkey basis 20%
5 Preparation of draft agreement and presentation before the management
committee/BOD of JKSPDC and incorporating feedback from the owner.. 15%
6 Execution of EPC Contract with the selected bidder for development of project on
approval of owner. 20%
7 Knowledge Sharing & transfer 5 %
Total (incl. taxes) 100%
Payment of 5% retained shall be released after sharing & transfer of knowledge to the owner & / or to
PMC if appointed by owner separately.
Signature of Bidder
26 | P a g e
ANNEXURE III
FORMAT
FOR TECHNICAL BID
(Bid Data sheets)
FORM NO: 1-7 ___
27 | P a g e
FORM NO: 1
FROM TO _________________________ CHIEF ENGINEER
_________________________ CIVIL INVEST. & DESIGN WING,Bemina ,
SRINAGAR KASHMIR
_________________________ PDC COMPLEX BEMINA.
Subject: Engagement of Consultant for review and Updation of D.P.R including assisting the Chief
Engineer, Civil Investigation & Design Wing (Kashmir) JKSPDC in competitive bidding at all stages to
procure EPC Contract for implementation of RMU works of existing 9 MW Mohra HEP in District Baramulla
J&K State.
Dear Sir,
I, on behalf of ___________________________________, a Consultancy Company
herewith enclose Technical Proposal for engagement of my/our Company as a Consultant for
review and updation of D.P.R including assisting the Chief Engineer, Civil Investigation & Design Wing
(Kashmir) JKSPDC in International competitive bidding at all stages to procure EPC Contract for
implementation of RMU works of existing 9 MW Mohra HEP in District Baramulla J&K State.
Yours faithfully,
1. Signature of the authorized signatory:________________________________
2. Name of the authorized signatory:____________________________________
3. Name of the company:
4. Seal of the company:______________________________________________
28 | P a g e
FORM NO:-F-2
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ________ [NAME] _____________certify that I am the _____ [DESIGNATION] of [NAME OF
THE COMPANY] established under the Companies Act 1956 who has signed the above tender/ bid is
authorized to sign bid on behalf of the Company by the authority of its governing body.
1. Signature of the authorized signatory:__________________________________
2. Name of the authorized signatory:______________________________________
3. Name of the company:_______________________________________________
4. Seal of the company:_________________________________________________
29 | P a g e
FORM NO:-F-3
1. Brief description of the registered company
2. Assignments of similar nature successfully completed:
3. The Bidder Consultancy Company/ Organization should also give details of the ongoing similar assignments in the above format.
1. Signature of the authorize d signatory:_____________________________________
2. Name of the authorized signatory:_________________________________________
3. Name of the company:_________________________________________________
4. Seal of the company:___________________________________________________
Note: The applicant/bidder companies must attach documentary evidence in support of their
submissions above.
S. No. Name
Assignment
(Brief Scope)
Name of
project
Owner/
Sponsor
Cost of
assignment
Date of
commencement
Date of
completion
Was
assignment
satisfactorily
completed
1 2 3 4 5 6 7 8
30 | P a g e
FORM NO:- F-4
WORK PLAN & TIME SCHEDULE
Consultant may furnish the work plan, time schedule of the key staff for the various activities and
methodology/approach involved in the assignment. The complete process is scheduled to be completed in
180 DAYS from the date of start under the contract.
1. Signature of the authorized signatory:_______________________________
2. Name of the authorized signatory:___________________________________
3. Name of the company:____________________________________________
4. Seal of the company:______________________________________________
31 | P a g e
FORM NO: F-5 Composition of the team personnel and the task which would be assigned to each team member for the proposed assignment: (TECHNICAL / FINANCIAL/ LEGAL/ OTHER KEY MEMBERS OF THE TEAM FOR CARRYING OUT THE
ASSIGNMENT)
S. No
POSITION
NAME
QUALIFICA
TION
RELEVANT
EXPERIENCE
DURATION
OF PROPOSED
DEPLOYMENT
(DAYS)
AMOUNT
REMARKS
1
TEAM LEADER
(with Min. 25 Years
experience as Hydraulic
Engineer with a Min. of 10
Years experience in similar
assignments in Hydro Power
Sector)
2
CIVIL ENGINEERING EXPERT
(with Min. 20 Years experience
as Hydraulic Engineer with a
Min. of 7 years experience in
similar assignments in Hydro
Power Sector)
3
MECHANICAL ENGINEERING
EXPERT
(with Min. 20 years experience
as Mechanical Engineer & 7
years experience in hydro-
mechanical works in Hydro
Power Sector)
4
ELECTRICAL ENGINEERING
EXPERT
(with Min. 20 years experience
as electrical Engineer & 7
years experience in electro-
mechanical works in Hydro
Power Sector)
5 GEOLOGIST ENGINEERING
(with Minimum 25 years
experience as Engineering
Geologist and 7 years as
Engineering Geologist in Hydro
Power Sector)
6
PROCUREMENT EXPERT
(with Min. 15 Years
experience in similar
assignments in Hydro Power
Sector)
7
ANY OTHER EXPERT
PROPOSED BY THE
CONSULATANT
1. Signature of the authorized signatory:________________________ 2. Name of the authorized signatory:______________________________ 3. Name of the company: 4. Seal of the company:_____________________________________________
32 | P a g e
Form F-6
SUGGESTED FORMAT OF CURRICULUM VITAE FOR MEMBERS OF
CONSULTANTS TEAM
1. Name: _________________________________________
2. Profession/ Present Designation:____________________
3. Length of service with the Company: _________________
4. Internationality: __________________________________
5. Academic Qualification:: ___________________________
(Under this heading, summarize College/ University and other specialized education of the
proposed team member, giving names of schools, colleges, professional institutions attended
with dates on which attended and degrees/ diplomas obtained. Use up to quarter page.)
6. Proposed Position on the Team for Transaction Advisor : ________________
7. Key Qualifications:_________________________________________________
(Under this heading give outline of proposed Team Members experience and training most
pertinent to assigned work on proposed team. Describe degree of responsibility held by staff
member on relevant previous assignments and give dates and locations. Use up to half-a-page)
8. Experience: ___________________________________________________________
(Under this heading, give the list of positions held by the proposed Team Member since
graduation, giving dates, names of employing organization, title of positions held and location
of assignments. For experience in last ten years also give types of activities performed and
Owner references, where appropriate. Use up to three quarters of a page) .
9. Language: ________________________________________________________(Indicate
proficiency in speaking, reading and writing of each language by „excellent‟, 'good' or 'poor').
1. Signature of the authorized signatory:__________________________
2. Name of the authorized signatory:______________________________
3. Name of the company:________________________________________
4. Seal of the company:_______________________________________________
33 | P a g e
FORM NO. F-7
COMMENTS/SUGGESTIONS OF CONSULTANT
(On the terms of reference):
1. ________________________________________________________________
2. ________________________________________________________________
3. ________________________________________________________________
4. ________________________________________________________________
5. ________________________________________________________________
1. Signature of the authorized signatory:_______________________________
2. Name of the authorized signatory:___________________________________
3. Name of the company:____________________________________________
4. Seal of the company:______________________________________________
34 | P a g e
Annexure IV
Format for
Financial proposal
(Bid Data forms)
Forms 8-9
35 | P a g e
FORM NO: 8
FINANCIAL PROPOSAL
(To be submitted with Financial Offer in Second Envelope) FROM:
TO: ________________________________
_________________________ _ THE CHIEF ENGINEER
_________________________ CIVIL INVEST. & DESIGN WING,BEMINA
SRINAGAR KASHMIR
_________________________ _ PDC COMPLEX BEMINA.
Subject: Engagement of Consultant for revising and updation of D.P.R including assisting the Chief Engineer, Civil
Investigation & Design wing Bemina ( Kashmir) JKSPDC in International Competitive Bidding at all
stages to procure EPC Contract for implementation of RMU works of existing 9 MW Mohra HEP in
District Baramulla J&K State.
Sir,
I, on behalf of ___________________________________, a Consultancy Company herewith enclose
Financial Proposal for selection of my/our Company as a Consultant for Engagement of Consultant for
assisting the Chief Engineer, Civil Investigation & Design wing Bemina ( Kashmir) JKSPDC in International
Competitive Bidding at all stages to procure EPC Contract for implementation of RMU works of
existing 9 MW Mohra HEP in District Baramulla J&K State.
Yours faithfully,
1. Signature of the authorized signatory:________________________________
2. Name of the authorized signatory:____________________________________
3. Name of the company:_____________________________________________
4. Seal of the company:______________________________________________
36 | P a g e
FORM NO. F-9
SCHEDULE OF PRICE BID
Note: 1. T
h
e
c
o
s
t
i
s
a
l
l inclusive including taxes & duties and Out of Pocket expenses
2. The prices shall remain FIRM till completion of the Assignment.
1. Signature of the authorized signatory:__________________________
2. Name of the authorized signatory:______________________________
3. Name of the company:_______________________________________
4. Seal of the company:_______________________________________
S.No Module Basic
cost
Service
tax
Total
1. Review & Updation of DPR
2. Conducting additional topographical
survey/investigations rates to be quoted as per
given BOQ
3. Bidding Process including drafting of RFQ, RFP,
and assisting the Chief Engineer, Civil
Investigation & Design Wing (Kashmir) JKSPDC in
procuring EPC contract
Total*
The total cost is all total inclusive of taxes, duties, out of pocket expenses,
travelling, boarding, lodging, visits to site, conducting meetings and
making presentations with the owner and other concerned authorities as
may be required, etc. Nothing extra over this cost shall be paid by the
owner.
37 | P a g e
ANNEXURE-V
JKSPDC STANDARD GUIDELINES FOR
ENGAGEMENT OF CONSULTANTS
38 | P a g e
Jammu & Kashmir State
Power Development Corporation Ltd.
Standard Guidelines for Engagement of Consultants by JKSPDC
1.0 Short Title and Commencement These Guidelines shall be called „The J&K State Power Development Corporation Limited
(JKSPDC) Engagement of Consultants Guidelines‟,
2.0 Definitions In these Guidelines, unless the context otherwise requires;
2.a Words or expressions used in these guidelines shall have the meaning respectively assigned to
them in the Jammu and Kashmir Electricity Act, Samvat 1997 or the Jammu and Kashmir
Electricity Duty Act, 1963 or the Jammu and Kashmir State Electricity Regulatory Commission Act,
2000;
2. b Commission‟ means the Jammu & Kashmir State Electricity Regulatory Commission constituted
under the J&K State Electricity Regulatory Commission Act, 2000;
2. c „Management Committee‟ means a Committee designated as Management Committee appointed
by the Board of Directors of JKSPDC;
2. d „Consultant‟ includes any individual, firm, company, body or association of persons, not in the
employment of the JKSPDC, who or which possesses or has access to any specialized knowledge,
experience or skill relevant for the work and functions of the Commission;
2. e „Material breach of Contract‟ shall include but not be limited to the instances enumerated
hereinafter in these guidelines and shall also include all such violations of the terms of the
Contract which cannot be described in ordinary parlance as trivia
2. f „Officer‟ means an officer of the JKSPDC.
3.0 Engagement of Consultants
3.a Could be engaged only for executing specialized tasks for which requisite skills are either not available within the staff of the JKSPDC or where the nature of job is specific and time bound.
3.b Consultant will not normally be engaged for routine day-to-day work of the JKSPDC, for which staff is available.
3.c The „Terms of Reference‟ (TOR) for the „Engagement of Consultants‟ for specific tasks will be
approved by the Management Committee of JKSPDC.
3.d The Management Committee of JKSPDC may decide either to invite combined technical and financial proposals, or separate technical and financial proposals.
39 | P a g e
3.e The Management Committee of JKSPDC shall in each case stipulate the minimum qualifying marks for the technical bid.
3.f After approval of the TOR by the Management Committee of JKSPDC, the Managing Director will
cause the request for Proposals to be issued inviting proposals, and ensuring that appropriate publicity is given in each case, which shall normally be through advertisement, in at least two International newspapers.
3.g In addition, „Request For Proposal‟ may also be issued to a panel of Consultants of standing,
as approved by the JKSPDC or by the Central Electricity Authority (CEA) or by the Central Water Commission (CENTRAL WATER COMMISSION, GOI) or by the Central Electricity Regulatory Commission (CERC) or by the Ministry of Power, Government of India depending upon the context, from time to time.
4.0 Request for Proposals (RFP)
The request for proposal shall include the following:
4.a A letter of invitation stating the intention of the JKSPDC to enter into a contract for provision of a consulting services, the source of funds, the details of the plan and the date, time and address for submission of proposals. 4.b Information to consultants shall contain all necessary information that will help consultants
prepare responsive proposals by providing information on the evaluation process and by indicating the evaluation criteria and factors and their respective weights and the minimum pre-qualification score.
4.c Terms of reference (TOR) shall be prepared to define clearly the objectives, goals and scope
of the assignment and provide background information including a list of existing relevant studies and basic data to facilitate the consultant‟s preparation of their proposals. If transfer of knowledge, training is an objective, the TOR will detail the number of staff to be trained. TOR shall list the services and surveys necessary to carry out the assignment and the expected outputs (for example reports, data, surveys etc.) linked to each task in the TOR.
5.0 Receipt of Proposals
5.1 Enough time shall be allowed for the consultant to prepare and submit their proposals. While the time allowed shall depend on the assignment, it will normally not be less than two weeks, during which period firms may seek clarifications about the information provided in the TOR.
5.b The Board of Directors of JKSPDC/ Chief Engineer CI & D Wing Bemina Kashmir may decide to extend the deadline for submission of proposals, as deemed appropriate by it.
5.c No amendments to the technical or financial proposals shall be accepted after the deadline except before a Management Committee appointed by the Board of Directors of JKSPDC / Chief Engineer CI&D Wing Bemina Kashmir. The proposal shall be submitted in sealed cover. Where the Chief Engineer, CI & D Wing Bemina Kashmir prescribes the separate technical and financial proposals to be submitted, they shall be submitted in separate sealed envelopes.
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6.0 Single Source Selection
Single source selection shall be exercised only in exceptional cases where it is appropriate and represents
a clear advantage because the tasks represent a natural continuation of previous work carried out by the
Consultant or where a rapid selection is essential or for very small assignments where the fee payable
does not exceed Rs.1.00 lac in each case or where only one firm is qualified or has experience for the
assignment. For each single source selection, prior approval of the Board of Directors of JKSPDC/Chief
Engineer CI & D Wing Bemina Kashmir is required.
7.0 Selection of Individual Consultant
7.a Individual Consultant shall be employed for assignments for which team of personnel is not required, no additional outside (home office) professional support is required, and where the experience and qualifications of the individual are the paramount requirement.
7.b Individual Consultants shall be selected on the basis of their qualifications for the assignment. They may be selected on the basis of references, or through comparison of qualifications among those expressing interest in the assignment, or those who are approached directly by the Chief Engineer, CI & D Wing Bemina Kashmir JKSPDC. Evaluation shall be on the basis of academic background, relevant experience and appropriate technical knowledge, knowledge of local conditions, administrative systems and concerned organizations. For individual consultants the fee payable shall not exceed Rs. fifty thousands in each case.
8.0 Scope of Work
8.a The „Terms of Reference‟(TOR) would specify the exact nature of the tasks to be undertaken by the Consultant, the time allowed for completion of each task, the services and surveys necessary to carry out the assignment and the specific Outputs and deliverables that are to be provided by the Consultant in relation to each task.
8.b If transfer of knowledge, or training to staff is a task envisaged, then the TOR will list the details of staff to be trained.
8.c Detailed terms of engagement will be drawn up in each case and agreed to between the Consultant and the Chief Engineer CI & D Wing Bemina Kashmir. prior to award of Contract for consultancy. Contract shall incorporate on said details of engagement as far as possible as per „Model Contract at Schedule- I of these Guidelines.
9.0 Fees and Other Charges
9.a The Chief Engineer CI & D Wing Bemina Kashmir shall determine, based on the bids, the fees and other charges separately for each case, commensurate with the quantum of work involved and the level of professional expertise made available based on the bids.
9.b The amount determined shall be inclusive of all of the Consultant‟s costs and profits as well as any tax obligations (Income Tax, Service Tax and any other) of the Consultant.
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9.c Fees will be paid, subject to Chief Engineer CI & D Wing Bemina Kashmir‟s certificate of satisfaction, and statutory Tax Deduction at Source under relevant laws including the Income Tax Act 1961.
10.0 Conflict of Interest
10.a Consultant shall not be hired for any assignment that would be in conflict with their prior or current obligations to other Owners that may place them in a position of not being able to carry out the assignments objectively and impartially.
10.b The Consultant, or any entity affiliated with the Consultant, engaged by the Chief Engineer CI & D Wing Bemina Kashmir shall in no case represent or give opinion or advice to other
stakeholders in any matter which is adverse to the interest of the Chief Engineer CI & D Wing Bemina Kashmir. This would constitute a „Material Breach of Contract‟.
11. Obligations and Liability
11.a The Consultant‟s obligation shall be to provide the Services and Deliverables (agreed to and specified in the Contract at Schedules A, C and D respectively) to the Chief Engineer CI & D
Wing Bemina Kashmir within the time period provided in the Contract, except in the case of any „Force Majeure Events‟. Slippage in the Consultants‟ submission of Deliverables beyond a period of THIRTY days past the due date, shall constitute a „Material Breach of Contract‟.
11.b The Consultant‟s obligation shall be to provide the services (Schedule-C of the Contract) through the team of personnel stipulated therein (Schedule-B of the Contract) because the experience, qualification and Curriculum Vitae (CV) of the said personnel is fundamental to the technical evaluation of the bid, which is the basis for award of Contract. Change in team composition, task assignment, or person-day efforts contracted without written approval of the Chief Engineer CI & D Wing Bemina Kashmir shall constitute a Material Breach of Contract and no payment shall be made for any such breach of Contract for the concerned activity.
11.b The Chief Engineer CI & D Wing Bemina Kashmir may, in his discretion, terminate the Contract or a part thereof in the event of the Consultant failing to meet the aforesaid obligations. In case of such defaults the Chief Engineer CI & D Wing Bemina Kashmir shall be at liberty to get the work completed from any other agency at the „risk and cost‟ of the Consultant. Given that any such mid-term termination could entail higher costs than contracted, any enhanced costs would be covered by the „risk and cost‟ liability.
11.c „Force Majeure Events‟ shall include, without limitation, the following events to the extent that such events or their consequences qualify as per the standard set out above: i. any event beyond the reasonable control of the Consultant: natural disasters or other acts
of God; including earthquake, cyclone, flood, storm, war, terrorist attack, civil commotion or other similar occurrence
ii. any change in law including any legislation, sub-ordinate or delegated legislation, rules, regulation, directive, order, notification, exemption or any interpretation thereof duly issued/promulgated in exercise of lawful authority, after the date hereof adversely affecting the performance by the Consultants of its obligations hereunder, or
iii. Any event or circumstance of a nature analogous to any of the foregoing.
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12.0 Confidentiality
The Consultant, or any entity affiliated with the Consultant, shall not disclose to any unauthorized
person any information and/or data that may be supplied to him/her by the Chief Engineer CI &
D Wing Bemina Kashmir or by any other organization, under the directions of the JKSPDC/
Chief Engineer CI & D Wing Bemina Kashmir. All such documents shall be the property of
the JKSPDC/ Chief Engineer CI & D Wing Bemina Kashmir or any information that may
have come to his/her knowledge directly or indirectly by virtue of the assignment.
13.0 Intellectual Property Rights
13.a Where the Contract requires the Consultant to deliver reports or other materials (Deliverables) to the Chief Engineer CI & D Wing Bemina Kashmir the copyright in such Deliverables belong to the Chief Engineer CI & D Wing Bemina Kashmir.
13.b Without the express written consent of the Chief Engineer CI & D Wing Bemina Kashmir, a Consultant engaged by the Chief Engineer CI & D Wing Bemina Kashmir shall not utilize, publish, disclose, or part with any information collected for the Chief Engineer CI & D Wing Bemina Kashmir and shall be duty bound to hand over the entire record of the assignment to the Chief Engineer CI & D Wing Bemina Kashmir before the expiry of the Contract.
14.0 Duty of Care and Performance Standards
14.a The Consultant shall perform the services contracted with the highest standards of professional and ethical competence and integrity and shall furnish its independent professional opinion.
14.b The Consultant shall promptly replace without any cost to the Chief Engineer CI & D Wing Bemina Kashmir, any employee assigned under a contract awarded under these Guidelines that the Chief Engineer CI & D Wing Bemina Kashmir considers unsatisfactory. Any such replacement shall be with express approval of the Chief Engineer CI & D Wing Bemina Kashmir, and shall be by personnel of comparable qualifications and experience.
15.0 Termination of Contract
15.a The Chief Engineer CI & D Wing Bemina Kashmir may terminate a Contract to which these Guidelines apply if; 1. the Consultant commits any material or persistent breach of Contract (which, in the
case of a breach capable of remedy, is not remedied within the period specified in the notice after receipt of notice of material breach of contract by consultant) ; or
2. the Consultant becomes insolvent; or 3. The Chief Engineer CI & D Wing Bemina Kashmir exercises its discretion to terminate
services under Article-11 of these guidelines.
15.b Termination shall be effected by written notice served on the Consultant and will take effect on any date as far as possible, not less than seven days from the date of delivery of such notice.
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15.c The termination will be, without prejudice to either party‟s rights accrued before termination as per the Contract, but subject to Chief Engineer CI & D Wing Bemina Kashmir‟s certificate of satisfaction with Deliverables submitted before termination.
16.0 Dispute Resolution
In case of any differences or disputes between the parties arising out of contracted agreement, it
shall be referred for arbitration to a person nominated by the Chief Engineer CI & D Wing
Bemina Kashmir. The proceedings shall be subject to the Jammu & Kashmir Arbitration and
Conciliation Act, as amended from time to time. Jurisdiction of J&K Courts will apply.
17.0 Power to Remove Difficulties
If any difficulty arises in giving effect to any of the provisions of these Guidelines, the Chief
Engineer CI & D Wing Bemina Kashmir may, by general or special order, do anything, not
being inconsistent with the provisions of the relevant Jammu & Kashmir Government regulations
which appears to it to be necessary or expedient for the purpose of removing the difficulties.
Jurisdiction of J&K courts shall apply.
18.0 Saving of Inherent Power of JKSPDC
Nothing in these provisions shall bar the Chief Engineer CI & D Wing Bemina Kashmir from
adopting a procedure which is at variance with any of the provisions of these Guidelines, if the
Chief Engineer CI & D Wing Bemina Kashmir, in view of the special circumstances of the
matter or class of matters, and for reasons to be recorded in writing, deems it necessary or
expedient to depart from the procedure stipulated in these Guidelines.
19.0 General Power to Amend
The Chief Engineer CI & D Wing Bemina Kashmir may, at any time and on such terms as it
may deem fit, amend any of these Guidelines for the purpose of meeting the objectives with which
these Guidelines have been framed.
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ANNEXURE-VI
PROPOSED CONTRACT
FOR
PROVIDING OF CONSULTANCY SERVICE
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ANNEXURE-VI PROPOSED CONTRACT FOR CONSULTANCY SERVICES
This CONTRACT (hereinafter, together with all Appendices attached hereto and forming an integral part hereof, called the "Contract") is made the---------. day of the ---------month of, 2011, between, on the
one hand Chief Engineer CI & D Wing Bemina Kashmir. (JKSPDC)(Hereinafter called the
"Owner") and, on the other hand,................. (Here in after called the “Consultant").
WHEREAS:-
Chief Engineer CI & D Wing Bemina Kashmir, in order to augment and improve the hydro
power generation in the state and to reduce the demand-supply gap of the state, desires the implementation of RMU works of existing 9 MW Mohra HEP in District Baramulla J&K State.
For the above purpose, the Chief Engineer CI & D Wing Bemina Kashmir is intending to
engage the services of reputed consultants/ consulting organizations for:
a. Review and updation of D.P.R b. Preparation of pre-qualification (RFQ) bid documents conforming to CEA, CWC, MOP,
GOI guidelines/ Standard FIDIC documents (as per the requirement of Owner) and evaluation thereof for selection of technically responsive bidders for the EPC Contract through an International competitive bidding process.
c. Preparation of “REQUEST FOR PRPOSALS (RFP)”- Bid Documents conforming to CEA,
CWC, MOP, GOI guidelines/Standard FIDIC documents (as per the requirement of Owner) using the DPR for RMU works of existing 9 MW Mohra HYDRO ELECTRIC PROJECT IN
DISTRICT Baramulla, JAMMU & KASHMIR STATE .
d. Assisting Chief Engineer CI & D Wing Bemina Kashmir in bidding process at all
stages including techno-economic evaluation of bids received for procurement of the EPC Contract for implementation of RMU works of existing 9 MW Mohra HEP in District Baramulla J&K State. And WHEREAS:
The Consultant, have represented to Chief Engineer CI & D Wing Bemina Kashmir,
the Owner that they have the required professional skills, expert personnel backed up with the technical and financial resources required to provide the Services on the terms and conditions set forth in this Contract; And
Chief Engineer CI & D Wing Bemina Kashmir, the Owner, based on the offer of the
Consultant, to the effect that the Consultants have the required professional skills, expert personnel and technical and financial resources to provide the above cited Services required for the successful completion of the assignment as defined hereinafter (hereinafter called the "Services");
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NOW THEREFORE the parties hereto hereby agree as follows:
1. GENERAL PROVISIONS 1.1. Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings:
(a) "Applicable Law" means the laws and any other instruments having the force of law in the State of J&K, as they may be issued and in force from time to time; (b) "Contract" means this Contract together with all Appendices/Attachments and including
all modifications made, in accordance with the provisions of Clauses 2.6 hereof between the owner and the Consultants.
(c) "Effective Date" means the date on which this Contract comes into force and effect pursuant to Clause 2.1 hereof; (d) "Personnel" means persons hired by the Consultants or by any Sub- consultant
as employees and assigned to the performance of the Services or any part hired had their domicile outside the Government's country; and "Local
Personnel" means such persons who at the time of being so hired had their domicile inside the Government's country;
(e) “Party” means the Owner or the Consultants as the case may be: (f) “Project” means providing of Consultancy Services as a Consultant for review/updation of
existing Detailed Project Report (DPR), framing of Bid Documents for International
Competitive Bidding and assisting Chief Engineer CI & D Wing Bemina Kashmir (JKSPDC) at all stages of the Bidding Process to procure an EPC Contract
for implementation of RMU works of existing 9 MW Mohra HEP in District Baramulla J&K State.
(g) "Services" means the work to be performed by the Consultants pursuant to this Contract for the purposes of the Project, as described in Appendix A hereto;
(h) “Starting Date” means the date referred to in Clause 2.3 hereto. (i) "Sub consultant" means any entity to which the Consultants subcontract any part of the
Services in accordance with the provisions of Clause 3.5 hereinafter; and
(j) "Third Party" means any person or entity other than the Chief Engineer CI & D Wing Bemina Kashmir, the Owner and the Consultants or a Consultant.
1.2. Relation between the parties
Nothing contained herein shall be construed as establishing a relation of master and servant or of
agent and principal as between Chief Engineer CI & D Wing Bemina Kashmir, the
Owner and the Consultants. The Consultant/s, subject to this Contract, have complete charge of personnel performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder.
1.3. Law Governing Contract
This Contract, its meaning and interpretation, and the relation between the parties shall be governed by the Applicable Law prevailing in the J&K State.
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1.4. Language
This Contract has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.
1.5. Headings
The headings shall not limit, alter or affect the meaning of this Contract. 1.6. Notices 1.6.1 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, telegram or facsimile to such Party at the following address:
For the Owner: ________________
________________ Attention: Post: Telegram: Fax: Email:
For the Consultants: _________________
_______________ Attention: Post: Telegram: Fax: Email:
1.6.2 Notice will be deemed to be effective as follows:
a. India Postage Service Mail or by Courier: On delivery b. India Postage Telegram: Seventy Two (72) hours following confirmed Transmission C. Fax: Seventy Two hours. d. Email: Seventy Two hours.
1.6.3 A Party may change its address for notice hereunder by giving the other Party notice of such
change pursuant to this Clause.
1.7 Location
The Services shall be performed in J&K State or at any other location desired by the Chief Engineer CI & D Wing Bemina Kashmir, the owner and, where the location of a particular
task is not so specified, at such locations, as the JKSPDC, the Owner may approve.
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1.8 Authority of Member in Charge
The Consultant may authorize any individual to act as the Team Leader on their behalf in exercising the entire Consultants' rights and obligations towards the Owner under this Contract, including without limitation the receiving of instructions and payments from the Owner.
1.9 Authorized Representative Any action required or permitted to be taken, and any document required or permitted to be executed under this Contract, may be taken or executed:
(a) on behalf of the Owner by____________________ or his designated representative;
(b) on behalf of the Consultants by________________or his designated representative.
1.20 Taxes and Duties
The consultants and the personnel shall pay the taxes, duties; fees, levies and other impositions levied under the existing, amended or enacted laws during life of this contract and the Owner shall perform such duties in regard to the deduction of such tax as may be lawfully imposed.
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT Effectiveness of Contract:
This Contract shall come into force and effect on the date (the "Effective Date") of the Owner's notice to the Consultants confirming that the following conditions have been met:
(a) This Contract has been approved by the Chief Engineer CI & D Wing Bemina Kashmir, the Owner.
(b) Requisite Contract Performance Bank Guarantee in the prescribed format has been submitted by the Consultant.
2.1 Termination of Contract for failure to become Effective:
If this Contract has not become effective within fourteen (14) days of the date hereof, either Party may, by not less than THREE (3) weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party with respect hereto.
2.2 Commencement of Services:
The Consultants shall begin carrying out the Services immediately viz. from the date of issue of
LOI/ Letter of Award OR such date as communicated by the Chief Engineer CI & D Wing Bemina Kashmir, the Owner in the notice to proceed whichever is later.
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2.3 Expiration of Contract:
Unless terminated earlier pursuant to Clause 2.9 hereof, this Contract shall terminate' when, pursuant to the provisions hereof, the Services have been completed and the payments on account of remuneration and reimbursable expenditures have been mad
2.4 Entire Agreement:
This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein.
2.5 Modification:
Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written agreement between the Parties and shall not be effective until the consent of the parties has been obtained. Pursuant to Clause 7.2 hereof, however, each Party shall give due consideration to any proposals for modification made by the other Party.
2.6 Force Majeure: 2.7 Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.
(b) Force Majeure shall not include
Any event which is caused by the negligence or intentional action of a Party or such Party's Sub-consultants or agents or employees nor any event which a diligent Party could reasonably have been expected to both (i) take into account at the time of the conclusion of this Contract, and (ii) avoid or overcome in the carrying out of its obligations hereunder.
2.7.1 No Breach of Contract:
The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract in so far as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract.
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2.7.2 Measures to be taken:
(a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party's inability to fulfill its obligations hereunder with a minimum of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party of such event as
soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
(C ) The Parties shall take all reasonable measures to minimize the consequences of any event
of Force Majeure.
2.7.3 Extension of Time:
Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure
2.7.4 Consultation:
Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.
2.8. Suspension:
The Owner may, by written notice of suspension to the Consultants, suspend all payments to the `Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension:- (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding three
weeks after receipt by the Consultants of such notice of suspension and shall invoke contract performance guarantee.
2.9 Termination:
2.9.1. By the Owner: The Owner may, by not less than three (03) weeks' written notice of termination to the Consultants (except in the event listed in paragraph (f) below, for which there shall be a written notice of not less than fifteen (15) days), such notice to be given after the occurrence of any of the events specified in paragraphs (a)- through (f) of this Clause 2.9.1, terminate this Contract:
(a) If the Consultants fails to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8 herein above, within three (03) week‟s of receipt of such notice of suspension or within such further period as the Owner may have subsequently approved in writing;
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(b) If the Consultants become insolvent or bankrupt or enter into any agreements with their creditors for relief of debit or take advantage of any law for the benefit of debtors or
go into liquidation or receivership whether compulsory or voluntary;
( C) If the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 8 hereof;
(d) If the Consultants submit to the owner a statement which has a material effect on the rights, obligations or interests of the Owner and which the Consultants know to be false;
(e) If, as the result of Force Majeure, the Consultants are unable to perform a material portion of the Services for a period of not less than fifteen days (15) days; or
(f) If the Owner, in its sole discretion and for any reason whatsoever, decides to terminate this Contract.
2.9.2. Cessation of Rights and Obligations:
Upon termination of this Contract pursuant to Clauses 2.2 or 2.9 hereof, or upon expiration of this Contract pursuant to Clause 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except
(a) Such rights and obligations as may have accrued on the date of termination or expiration,
(b) The obligation of confidentiality set forth in clause 3.2 hereof,
© Any right which a Party may have under the applicable law
2.9.3 Cessation of Services:
Upon termination of this Contract by notice to pursuant to Clauses 2.9 hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum.
2.9.4. Payment upon Termination:
Upon termination of this Contract pursuant to Clauses 2.9 hereof, the 'Owner shall make the following payments to the Consultants:
(a) Remuneration pursuant to Clause 6 hereof for Services satisfactorily performed prior to the effective date of termination:
(b) Reimbursable expenditures pursuant to Clause 6 hereof for expenditures actually incurred prior to the effective date of termination; and
(c) Except in the case of termination pursuant to paragraphs (a) through (d) of Clause 2.9 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract including the cost of the return travel of the Consultants' personnel and their eligible dependents
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3.0 OBLIGATIONS OF THE CONSULTANTS
3.1 General 3.1.1 Standard of Performance
The Consultants shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used with professional engineering and consulting standards recognized by professional bodies, and shall observe sound management, and technical and engineering practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The Consultants shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Owner, and shall at all times support and safeguard the Owner's legitimate interests .
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law prevailing in the State of J&K and shall take all practicable steps to ensure that any Sub-consultants, as well as the Personnel and agents of the Consultants and any Sub consultants, comply with the Applicable Law prevailing in the State of J&K.
3.1.3 Conflict of Interest
The consultant shall hold the Owner's interest paramount, without any consideration for future work, and strictly avoid conflict with other assignments or their corporate interests.
3.2 Consultants not to benefit from Commission, Discounts etc.
The payment of the Consultant shall constitute the Consultant's only payment in connection with this Contract or the Services, and the Consultant shall not accept for their own benefit any trade commission, discount, or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations under the Contract, and the Consultant shall use their best efforts to ensure that the Personnel, any Sub-Consultants, and agents of either of them similarly shall not receive any such additional payment.
3.2.1 Consultants and Affiliates not to be otherwise interested in Project
The Consultant agrees that, during the term of this Contract and after its termination, the Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and any entity affiliated with such Sub- Consultants, shall be disqualified from providing goods, works or services (other than consulting services) resulting from or directly related to the Consultant's Services for the preparation or implementation of the project.
3.2.2 Prohibition of Conflicting Activities: The Consultant shall not engage, and shall cause their Personnel as well as their Sub Consultants and their Personnel not to engage, either directly or indirectly, in any business or professional activities which would conflict with the activities assigned to them under this Contract.
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3.2.3 Confidentiality:
The Consultants, their Sub-consultants and the Personnel of either of them shall not, either during the term or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Owner's business or operations without the prior written consent of the Owner. 3.3 Insurance to be taken out by the Consultant:
The Consultant (a) shall take out and maintain, and shall cause any Sub-Consultants to take out and maintain, at their (or the Sub-Consultants', as the case may be) own cost but on terms and conditions approved by the Owner, insurance against the risks, and for the coverage, as shall be specified in the SC; and (b) at the Owner's request, shall provide evidence to the Owner showing that such insurance has been taken out and maintained and that the current premiums have been paid.
3.4 Liability of the Consultants
The Consultants shall be liable to the Owner for the performance of the Services in accordance with the provisions of this Contract. If the Consultants consist of more than one entity, then the Consultants and each of their members shall be jointly and severally liable to the Owner for the performance of the Services and for any loss suffered by the Owner as a result of a fault of the Consultants in such performance, subject to the following limitations: a. The Consultants shall not be liable for any damage or injury caused by or arising out of the
act, neglect, fault or omission of any persons other than the Consultants, its Sub-consultants or the personnel of either of them; and
b. The Consultants shall not be liable for any loss or damage caused by or arising out of circumstances over which the Consultants had no control. c. In the event that the Consultant is in default of his duties in performance of the services as
envisaged in the Contract Agreement, the Consultant shall redo, rectify all deficits, inadequacies, insufficiencies pointed out by Owner and authorities before whom the report(s) is submitted within a period of 15 days from the date on which such defects, deficits etc have been communicated to the consultant verbally or in writing as the case may be.
3.5 Indemnification of the Owner by the Consultants
The Consultants shall keep the Owner, both during and after the term of this Contract, fully and effectively indemnified against all losses, damage, injuries, deaths, expenses, actions, proceedings, demands, costs and claims, including, but not limited to, legal fees and expenses, suffered by the Owner or any Third Party, where such loss, damage, injury or death is the result of a wrongful action, negligence or breach of Contract of the Consultants or their Sub-consultants; or the Personnel or agents of either of them, including the use or violation of any copyright work or literary property or patented invention, article or appliance.
3.6 Consultants Actions Requiring Owner‟s Prior Approval:
The Consultants shall obtain the Owner's prior approval in writing before taking any of the following actions: (a) Appointing Personnel to carry out any part of the Services, including the terms and conditions
of such appointment; (b) Entering into a subcontract for the performance of any part of the Services, it being
understood:
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1. That the selection of the Sub-consultant and the terms and conditions of the
subcontract shall have been approved in writing by the Owner prior to the execution of the subcontract, and
2. That the Consultants shall remain fully liable for the performance of the Services by the Sub-consultant and its Personnel pursuant to this Contract;
3.7 Reporting Obligations: The Consultants shall submit to the Owner the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix, including any supporting data required by the Owner 3.8 Documents Prepared by the Consultants to Be the Property of the Owner
All plans, drawings, specifications, designs, reports and other documents prepared by the Consultants in performing the Services shall become and remain the property of the Owner, and the Consultants shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Owner, together with a detailed inventory thereof. The Consultants may retain a copy of such documents but shall not use them for purposes unrelated to this Contract without the prior written approval of the Owner.
4.0 CONSULTANTS' PERSONNEL
4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel as are required to carry out the Services
4.2 Description of Personnel
(a) The titles, agreed job descriptions, minimum qualifications and estimated periods of engagement in the carrying out of the Services of each of the Consultants' Personnel are described in Appendix C.
(b) If required to comply with the provisions of Clause 3.1.1 of this Contract, adjustments with respect to the estimated periods of engagement of Personnel set forth in Appendix C may be made by the Consultants by written notice to the Owner, provided:
1. That such adjustments shall not alter the originally estimated period of engagement of
any individual by more than 10% or one week, whichever is lesser, and 2. That the aggregate of such adjustments shall not cause payments under this Contract to
exceed the ceilings set forth in Clause 6.2 of this Contract. Any other such adjustments shall only be made with the Owner's written approval.
(c) If additional work is required beyond the scope of the Services specified in Appendix A, the estimated periods of engagement of personnel set forth in Appendix C may be increased by agreement in writing between the Owner and the Consultants, provided that any such increase shall not, except as otherwise agreed, cause payments under this Contract to exceed the ceilings set forth in Clause 6 of this Contract.
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4.3 Agreed Personnel
The Consultant hereby agrees to engage the personnel and sub-consultants listed by title as well as by name in Appendix C in order to fulfill his contractual obligations under this contract.
4.4 Removal and/or Replacement of Personnel
(a) Except as the Owner may otherwise agree, no changes shall be made in the Personnel. If, for any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the personnel, the Consultants shall forthwith provide as a replacement a person of equivalent or better qualifications.
(b) If the Owner
(1) Finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or
(2) Has reasonable cause to be dissatisfied with the performance of any of the personnel, then the Consultants shall, at the Owner's written request specifying the grounds there for, forthwith provide as a replacement a person with qualifications and experience acceptable to the Owner.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the rate of remuneration applicable to such person as well as any reimbursable expenditures (including expenditures due to the number of eligible dependents) the Consultants may wish to claim as a result of such replacement, shall be subject to the prior written approval by the Owner. Except as the Owner may otherwise agree,
(1) The Consultants shall bear all additional travel and other costs arising out of or
incidental to any removal and/or replacement, and (2) The remuneration to be paid for any of the Personnel provided as a replacement
shall not exceed the remuneration which would have been payable to the personnel replaced.
5.0 Obligations of the Owner: 5.1 Payment
In consideration of the Services performed by the Consultants under this Contract, the Owner shall make to the Consultants such payments and in such manner as is provided by Clause 6 of this contract.
5.2 Services and Facilities The Owner shall make available free of charge to the Consultant the Services and Facilities listed under Appendix D. 6.0 SCHEDULES FOR DELIVERY OF SERVICES & Payment to the Consultants:
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6.1 SCHEDULES FOR DELIVERY OF SERVICES: The time schedule and the time duration during which the Consultant shall be obliged to deliver the services shall be here under:
S.
No.
Activity Time (in
days)
1 Letter of Award/ letter of intent T 0
2. Submission of work plan and methodology with approval of Owner (JKSPDC). T 0 + 14
3. Submission of the review report on DPR & on additional surveys, investigations, tests required if any by the owner and/ or by the consultant.
T0 +21
4. completion of topographical surveys T 0 + 28
5. Submission of Hydrology, Power Potential studies. T 0 + 35
6. Submission of Draft DPR
T 0 + 70
7. Submission of final DPR and RFQ. T0 + 90
8. Finalization of pre-qualification of tenderers and issue of RFP. T0 + 135
9. Clearances from IWT/ Forest/PCB and other statutory bodies T0 + 150
10. Completion of bidding process for procurement of EPC contract and financial
closure.
T 0 + 180
6.2 SCHEDULE & Mode of Payment;
Module I: Review & Updation of DPR S.
No.
Milestone % of fee (excluding cost on
account of topographical
surveys)
1 Commissioning advance against bank guarantee after issue of Letter
of Award.
10%
2. Submission of work plan and methodology with approval of Owner
(JKSPDC).
5%
3. Submission of the review report on DPR & on additional surveys, investigations, tests required if any by the owner and/ or by the
consultant.
10%
4. Completion of topographical surveys and sub-mission of survey data. As per BOQ for survey work.
5. Submission of Hydrology, Power Potential studies, Geological surface
mappings and layouts
15%
6. Submission of Draft DPR 20%
7. Submission of final DPR and RFQ. 20%
8. Clearances from IWT/ Forest/PCB and other statutory bodies 15%
9. Retention money for knowledge sharing and transfer 5%
Total ( Including taxes) 100%
Module II: Bid process for selection of an EPC contractor
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S No Milestone % of Fee
1 Commissioning Advance against submission of Bank Guarantee 10%
2 Submission of RFQ documents conforming to current CWC/CEA
guidelines based on data of reviewed/available DPR and approval
of owner.
10%
3 Evaluation of RFQ and acceptance by the Owner. 10 %
4 Submission of RfP documents conforming to current CWC/CEA
guidelines based on data of reviewed DPR and approval of owner. 10%
4 Techno-Economic evaluation of bids received and assistance in
selection through EPC arrangement on turnkey basis 20%
5 Preparation of draft agreement and Presentation before the
management committee/BOD of JKSPDC and incorporating
feedback from the owner..
15%
6 Execution of EPC Contract with the selected bidder for
development of project on approval of owner. 20%
7 Knowledge Sharing & transfer 5 %
Total (incl. taxes) 100%
Payment of 5% retained shall be released after sharing & transfer of knowledge to the owner & / or to PMC if
appointed by owner separately.
6.3 The Consultant shall submit the bills in triplicate to the Owner on Consultants‟ printed bill forms
indicating the work done by him during the period for which payment is sought. 6.4 The Owner shall cause the payment of the Consultants as per above given in schedule of payment
above within forty five (45) days after the receipt of bills by the Owner with supporting documents. But if the progress is not satisfactory and according to agreed work program/schedule the payment may be withheld.
6.5 The final payment under this Clause shall be made only after satisfactory completion of the
activities mentioned in the TOR. 6.6 All payments under this Contract shall be made to the account of the Consultants with: [NAME OF BANK] 7.0 Fairness and Good Faith: 7.1 Good Faith:
The Parties undertake to act in good faith with respect to each other's rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
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7.2 Operation of the Contract: The parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause 8 hereof.
8.0 SETTLEMENT OF DISPUTES 8.1 Amicable Settlement The parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or the interpretation thereof. Any dispute between the parties as to matters arising pursuant to this Contract which cannot be settled amicably shall be resolved as per the J&K Arbitration & Conciliation Act, 1997 as amended from time to time. Jurisdiction of J&K Courts will apply.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written.
For and on behalf of (Owner) Witness: By_____________________ 1. Authorised Representative 2. For and On Behalf of (Consultants) Witness: By_____________________ 1. Authorised Representative 2.
LIST OF APPENDICES TO FORM PART OF THE CONTRACT
Description of the Services Detailed descriptions of the Services to be provided; dates for completion of various tasks; place of performance for different tasks; specific tasks to be approved by Owner; etc.
Reporting requirements Format, frequency and contents of reports; persons to receive them; dates of submission; etc.
Consultants' Personnel Titles and names (if already available), detailed job descriptions and minimum qualifications of Personnel to be assigned to work and man-months for each.
Duties of the Owner Service, facilities and properties to be made available to the consultants by the owner.
Cost of Services
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ANNEXURE VII
LIST OF DEVIATIONS
PROFORMA FOR EXCEPTIONS AND DEVIATIONS
The bidder is required to stipulate the list of Exceptions and Deviations of RFP document, if any, in the
Performa given below:
S. No. Description Reference Exception / Deviation desired
Signature of Bidder
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ANNEXURE VIII
CHECK LIST
Bidder shall complete this checklist and submit the same along with proposal document. Checklist only
covers certain important items required for evaluation of proposal. It has been enclosed to ensure that
applicant has submitted all the necessary data / information as called for in the RFP document.
Please write Yes or No for ensuring compliance.
1. Mode of participation
As single bidder
1. Whether the proposal document is in English language? 2. Whether requisite earnest money in appropriate form has been enclosed? 3. Has the proposal document been submitted in three sets? 4. Whether following documents have been submitted?
Exceptions and deviations sheet (Annex-I).
Experience of team (Annex-III)
5. Whether price bid has been placed in separate sealed envelope? 6. Whether three sealed envelopes of Bid have been placed in a sealed packet? 7. Whether a list of documents, data, brochures etc. submitted in support of the claims mentioned in the
proposal document has been enclosed? 8. Whether each page of the proposal document has been signed by the authorized signatory?
Signature of Bidder