You are on page 1of 61

Government of India

Ministry of Road Transport & Highways

CONSULTANCY SERVICES FOR REVISION OF MINISTRY’S


SPECIFICATIONS (FIFTH REVISION, 2013), POCKETBOOK FOR
HIGHWAY ENGINEERS (2ND REVISION, 2002) AND POCKETBOOK FOR
BRIDGE ENGINEERS (1ST REVISION, 2000)

REQUEST FOR PROPOSAL


(RFP)

29th September, 2017

S&R (Bridges) Zone


Ministry of Road Transport and Highways,
IAHE Campus, A-5, Sector-62,
Noida-201301.

1
INDEX

Sl. No. Content Page No.


1 Notice Inviting Tender (NIT) 3
2 Request For Proposal(RFP) 4
3 Data Sheet 15
4 Appendix - I : Terms of Reference (TOR)
23

5 Appendix – II : Formats for Eligibility 29


6 Appendix - III : Formats for Technical Proposal 37
7 Appendix - IV: Formats for Financial Proposal 47
8 Appendix - V: Contract Agreement 53

2
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT & HIGHWAYS

NOTICE INVITING TENDER

RW/NH-35076/02/2017-S&R (R) 29th September, 2017

1. The Employer i.e. Ministry of Road Transport & Highways (MoRT&H), New Delhi invites bids
through e-procurement for appointment of consultant for revision of Ministry’s Specifications (Fifth
Revision, 2013), Pocketbook for Highway Engineers (2nd revision, 2002) and Pocketbook for Bridge
Engineers (1st revision, 2000) from empanelled consultant / technical institution viz. IITs, NITs,
Government Engineering Colleges, Autonomous Institutes, Research Institute of repute.
2. To participate in the aforesaid process, the applicants shall have to pay Rs. 5,000 towards
the fee for RFP document (non-refundable) in the form of Demand Draft issued from the scheduled
bank in India in favour of ‘Pay and Account Officer, MoRT&H’, payable at New Delhi.
3. RFP document can be viewed/downloaded free of cost from e-tender portal of MoRT&H
(https://eprocure.gov.in/cppp/) from 29th September, 2017 to 9th November, 2017 (up to 10.30 hrs
IST) and tender may be submitted online following the instruction appearing on the screen. The
RFP Document will also available free of cost on MoRT&H website (http://www.morth.nic.in) with
effect from 29th September, 2017
4. The RFP has also been uploaded on “INFRACON” (www.infracon.nic.in). As such before
submitting the proposal the Consultant shall mandatorily register and enlist themselves (the firm and
all key personnel), on the MoRTH portal “INFRACON” and furnish registration details along with its
RFP.
5. All the bidders registered on Infracon shall form a Team on Infracon and which would be
assigned unique Infracon Team ID. Bidders while submitting the proposal shall quote the Infracon
Team ID.
6. The following schedule is to be followed for this assignment:
i. Date of close of download of Tender Documents (through online): 9th November, 2017
ii. Date of receipt of Pre-bid queries:24th October, 2017
iii. Date of Pre-bid meeting: 25th October, 2017 at 11.00 hrs.
iv. Date of submission of Tender/Bid (online & hard copy): 9th November, 2017 (up to
10:30 hrs.)
v. Date of Opening of Technical bids: 10th November, 2017 (11:00 hrs.)

Chief Engineer, SR&T (Bridges),


Ministry of Road Transport & Highways,
Indian Academy of Highway Engineers (campus),
A-5, Sector-62, Noida -201301.

3
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT & HIGHWAYS

RW/NH-35076/02/2017S&R (R) 29th September, 2017

REQUEST FOR PROPOSALS (RFP)

Revision of
Ministry’s Specifications (Fifth Revision, 2013)
Pocketbook for Highway Engineers (2nd revision, 2002) and
Pocketbook for Bridge Engineers (1st revision, 2000)

1. Introduction: The Ministry of Road Transport & Highways (MORT&H) hereinafter referred
to as ‘Ministry’), New Delhi is responsible for the development, maintenance and
management of National Highways and for matters connected or incidental thereto. Proposals
are invited by Ministry for revision of Ministry’s Specifications (Fifth Revision, 2013),
Handbook for Highway Engineers (2nd revision, 2002) and Handbook for Bridge Engineers
(1st revision, 2000) from empanelled consultant / technical institutions viz. IITs, NITs,
Government Engineering Colleges, Autonomous Institutes, Research Institute of repute
(hereinafter referred to as ‘ Consultant’).
1.1 A brief description of the assignment and its objectives are given in the Appendix-I, “Terms
of Reference (TOR)”. The Ministry invites Proposals through e-tender (on-line bid
submission) for selection of Consultant who shall revise the existing Ministry’s
Specifications (Fifth Revision, 2013), Handbook for Highway Engineers (2nd revision,
2002) and Handbook for Bridge Engineers (1st revision, 2000) keeping in view the various
provisions made in the existing IRC-guidelines, Indian (IS) Standards code, Ministry’s
policy guidelines issued from time to time, internationally adopted good engineering
practices, various provisions of existing international codes and specifications suitable to
Indian condition, advancement in new materials/technologies etc. A Consultant with “a
Particular Team” may submit only one “Proof of Eligibility (Part I)” and “Technical
Proposal (Part II)”. Financial proposal are also to be submitted online and no hard copy of
the financial proposal should be submitted. The most preferred bidder (H-1) would be
determined on the basis of Quality and Cost as mentioned in the RFP. The Consultants are
hereby invited to submit proposals in the manner as prescribed in the RFP.
1.2 The consultants shall submit proposals either in sole capacity or in JV or in Association.
Joint Venture/Association shall not have more than two firms. Any entity which has been
barred by the Ministry or its implementing agencies for the works of Expressways, National
Highways, ISC and EI Works and the bar subsists as on the date of application, would not
be eligible to submit the bid, either individually or as a member of a Joint Venture.
1.3 Financial Proposals will be opened only for the bidders found to be eligible and scoring
qualifying marks in accordance with Para 5 hereof. The consultancy services will be
awarded to the highest ranking consultant on the basis of Quality and Cost.
1.4 Please note that (i) costs of preparing the proposal, including visits to the Ministry, etc., are
not reimbursable as a direct cost of the assignment; and (ii) Ministry is not bound to accept
any of the proposals submitted and reserve the right to reject any or all proposals without
assigning any reasons.

4
1.5 The proposals must be properly signed as detailed below:

1.5.1 i. by the proprietor in case of a proprietary firm


ii. by the partner holding the Power of Attorney(POA) in case of a firm in
partnership (A certified copy of the Power of Attorney on a stamp paper of Rs.
100 and duly notarized shall accompany the Proposal).
iii. by a duly authorized person holding the Power of Attorney in case of a Limited
Company or a corporation (A certified copy of the Power of Attorney on a
stamp paper of Rs. 100 and duly notarized shall accompany the proposal).
iv. by the authorized representative in case of Joint Venture.
v. the Director/Dean of academic/research institution

1.5.2 In case a Joint Venture/Association of firms, the proposal shall be accompanied by a


certified copy of legally binding Memorandum of Understanding (MOU) on a stamp
paper of Rs.100, signed by all firms to the joint venture confirming the following
therein:
i. Date and place of signing
ii. Purpose of Joint Venture/Association (must include the details of contract
works for which the joint venture has been invited to bid)
iii. A clear and definite description of the proposed administrative arrangements
for the management and execution of the assignment. Name of Lead Firm and
other partner of JV should be clearly defined in the MOU
iv. Delineation of duties/ responsibilities and scope of work to be undertaken by
each firm along with resources committed by each partner of the
JV/Association for the proposed services
v. An undertaking that the JV firms are jointly and severally liable to the
vi. Employer for the performance of the services
vii. The authorized representative of the joint venture/Association
The Association firm shall give a Letter of Association, MOU as in (i) to (vi) above
except (v), letter of Authorization, copies of GPA/SPA for the person signing the
documents and a certificate of incorporation.

1.5.3 In case of Joint venture, one of the firms which preferably have relatively higher
experience will act as the lead firm representing the Joint Venture. The duties,
responsibilities and powers of such lead firm shall be specifically included in the
MOU/agreement. It is expected that the lead partner would be authorized to incur
liabilities and to receive instructions and payments for and on behalf of the Joint
Venture. Payment to be made to the JV can also be made to the account of the JV.

1.5.4 A firm can bid for a project either as a sole consultant or in the form of joint venture
with other consultant or in association with any other consultant. However, alternative
proposals i.e. one as sole or in JV with other consultant and another in association / JV
with any other consultant for the same package will be summarily rejected. In such
cases, all the involved proposals shall be rejected.

1.6 Pre-proposal conference shall be held on the date, time and venue given in Data Sheet.

5
1.7 Bid Security:

1.7.1 The applicant shall furnish as part of its Proposal, a Bid Security of Rs. 1,00,000
(Rupees One Lakhs only) in the form of a Bank Guarantee issued by one of the
Nationalized/Scheduled Banks in India in favour of the Pay and Account Officer,
MORT&H payable at New Delhi (the “Bid Security”) valid for a minimum period
of 150 days (i.e. 30 days beyond the validity of the bid) from the last date of
submission of proposals. This Bid Security is returnable not later than 30 (thirty) days
from the date of Opening of the Financial proposals except in case of the two highest
ranked Applicants. Bid Security of the Selected Applicant and the Second ranked Team
shall be returned, upon the Selected Applicant signing the Agreement. In case of
Technical/Research Institutions the submission of bid security is not required.

1.7.2 The Bank Guarantee is to be issued by one of the Nationalized/Scheduled Banks


should be operable in any of the said bank branch operating in NCR.

1.7.3 Any Bid not accompanied by the Bid Security of the required value and minimum
required validity shall be rejected by the Authority as non-responsive.

1.7.4 The Ministry shall not be liable to pay any interest on the Bid Security and the same
shall be interest free.

1.7.5 The Applicant, by submitting its Application pursuant to this RFP, shall be deemed to
have acknowledged that without prejudice to the Ministry any other right or
remedy hereunder or in law or otherwise, the Bid Security shall be forfeited and
appropriated by the Authority as the mutually agreed pre-estimated compensation and
damage payable to the Authority for, inter alia the time, cost and effort of the
Ministry in regard to RFP including the consideration and evaluation of the
Proposal under the following conditions:
(a) If an Applicant withdraws its Proposal during the period of its validity
as specified in this RFP and as extended by the Applicant from time to time
(b) In the case of a Selected Applicant, if the Applicant fails to sign the Agreement.

2 Documents:

2.1 To enable to prepare a proposal, please find and use the attached documents listed in
the Data Sheet.

2.2 Consultants requiring a clarification of the documents must notify the Ministry, in
writing, by 24th October, 2017 up to 17.00 hrs. (IST). Any request for clarification
in writing or by e-mail must be sent to the Ministry’s address indicated in the Data
Sheet. The Ministry will upload replies to pre-bid queries on its website.

2.3 At any time before the submission of proposals, the Ministry may, for any reason,
whether at its own initiative or in response to a clarification requested by a
Consultant, modify the Documents by amendment or corrigendum. The amendment
will be up loaded on Ministry’s website. The Ministry may at its discretion extend the
6
deadline for the submission of proposals and the same shall also be uploaded on her
website.

3. Preparation of Proposal:

The proposal must be prepared in three parts viz.,


Part 1: Proof of Eligibility
Part 2: Technical Proposal
Part 3: Financial Proposal

3.1.1 The minimum essential requirement in respect of eligibility has been mentioned in the
RFP that the Consultant fulfilling the requirement need only apply. The following
documents must be furnished in support of proof of eligibility as per Formats given in
Appendix-II.

(i) Forwarding Letter for Proof of Eligibility in the Form-E1.

(ii) Consultant’s relevant experience and performance for the last 7 years:
Project sheets in support of relevant experience as per Form-E2/T3 supported by
the experience certificates from Ministry in support of experience as specified in
data sheet. The information given in Form E2/T3 shall also be considered as
part of Technical Proposal and shall be evaluated accordingly. The Consultants
are therefore advised to see carefully the evaluation criteria for Technical
Proposal and submit the Project Sheets accordingly.

(iii) Consultant’s turnover for the last 5 years: A tabular statement as in Form E3
showing the turnover of the applicant firm(s) for the last five years beginning
with the last financial year certified by the Chartered Account along with
certified copies of the audit reports shall be submitted in support of the
turnover. In case of Technical/Research Institutions the turn over criteria is not
required.

(iv) Document Fee: The fee for the document amounting to Rs. 5,000 (Rupees Five
Thousand only) in the form of Demand Draft in favour of the Pay and Account
Officer, MoRT&H payable at New Delhi must be furnished in a separate
envelope while submitting the proposal.

(v) Bid Security: Bank Guarantee in support of bid security for an amount
specified in Data Sheet (Rs. One Lakh) and having validity for a minimum
period of 150 days (i.e. 30 days beyond the validity of the bid),from the last
date of submission of proposals in the Form E4.

(vi) Power of Attorney on a stamp paper of Rs.100 and duly notarized authorizing to
submit the proposal

(vii) In case a Joint Venture/Association of firms, the proposal shall be accompanied


by a certified copy of legally binding Memorandum of Understanding (MOU)
on a stamp paper of Rs.100, signed by all firms to the joint venture/Association.
7
3.1.2 The proposal found deficient in any respect of these requirements will not be
considered for further evaluation.

3.2 Technical Proposal:

3.2.1 It is expected to examine all terms and instructions included in the Documents. Failure
to provide all requested information will be at your own risk and may result in
rejection of proposal.

3.2.2 Total assignment period is as indicated in the enclosed TOR (Appendix I). It is stressed
that the time period for the assignment indicated in the TOR should be strictly
adhered to.

3.2.3 The technical proposal shall be submitted strictly in the Formats given in
Appendix- III and shall comprise of following documents:

i) Forwarding letter for technical proposal duly signed by the authorized person on
behalf of the bidder, as in Form-T1

ii) Details of projects for which Technical and Financial Proposals have been
submitted by a Consultant with a particular Team as in Form-T 2

iii) Firm’s references - Relevant Services carried out in the last seven years as per
Form- E2/T-3. This information submitted as part of Proof of Eligibility shall be
evaluated and need not be submitted again as a part of the Technical proposal

iv) Comments on Terms of Reference: Limited to two A4 size pages in 1.5 spacing and
12 size font (Form-T5).

v) The composition of the proposed Team and Task Assignment to individual


personnel: Maximum three pages (Form-T-6).

vi) Proposed methodology for the execution of the services illustrated with bar charts
of activities, including any change proposed in the methodology of services
indicated in the TOR, and procedure for quality assurance: Maximum 4 pages
(Form-T-7).

vii) Attach a list of office equipment and software owned by the Applicant as per Form
T10

viii) CVs of Key Personnel in Form-T11.

3.2.4 CVs of Key Persons:

i) The CVs of the key personnel in the format as per Form T-11 is to be furnished. It
may please be ensured that the format is strictly followed and the information
furnished therein is true and correct. The CV must indicate the work in hand and
8
the duration till which the person will be required to be engaged in that
assignment. Self Attested Experience certificates shall also be submitted. If any
information is found incorrect, at any stage, action including termination and
debarment from future Ministry projects up to two years may be taken by
Ministry on the personnel and the Firm.

ii. No alternative to key personnel may be proposed and only one CV shall be
submitted for each position. The minimum requirements of Qualification and
Experience of all key personnel are listed in Para 5 of TOR (Appendix-I). CV of
a person who does not meet the minimum experience requirement as given at
para 5 of TOR shall be evaluated and the marks obtained shall be taken into`
consideration during evaluation of Technical Proposal and Experience as given
at para 5 of TOR and whose CV secures 75% marks and above.
iii. If proposed key personnel do not possess the minimum (essential) educational
qualification as given at 5 of TOR, Zero marks shall be assigned to such CV and
such CV shall not be evaluated further. The CV of the proposed Team Leader
should score at least 80 % marks otherwise the entire proposal shall be
considered to have failed in the evaluation of Technical Proposals and shall
not be considered for opening of Financial Proposals.
iv. All key personnel should be available from beginning of the project. If same CV
is submitted by two or more firms, zero marks shall be given for such CV for all
the firms.
v. The availability of key personnel must be ensured for the duration of the project
as per proposed work programme. If a firm claims that a key personnel
proposed by them is a permanent employee of the firm ( the personnel should
have worked in the firm continuously for a period of at least 1 year) , a certificate
to the effect along with pay slips are required to be submitted.
vi. The age limit for all key personnel is 65 years as on the date of bid submission.
The proof of age and qualification of the key personnel must be furnished in the
technical proposal.
vii. An undertaking from the key personnel must be furnished that he/she will be
available for entire duration of the project assignment and will not engage
himself/herself in any other assignment during the currency of his/her
assignment on the project. After the award of work, in case of non-availability
of key personnel in spite of his/her declaration, he/she shall be debarred for a
period of two years for all projects of Ministry.
viii. Age limit for supporting staff to be deployed on project is 65 years as on the date
of bid submission.
ix. A good working knowledge of English Language is essential for key professional
staff on this assignment. Study reports must be in English Language.
x. Photo, contact address and phone/mobile number of key personnel should be
furnished in the CV.
xi. In case a firm is proposing key personnel from educational/research institutions,
9
a ‘No Objection Certificate’ from the concerned institution should be enclosed
with the CV of the proposed key personnel committing his services for the instant
project.
xii. Original Curriculum Vitae (CV) and photocopies of certificates shall be recently
signed in blue ink by the proposed key professional staff on each page and also
initialed by an authorized official of the Firm and each page of the CV must be
signed. The key information shall be as per the format. Photocopy of the CVs
will not be accepted. Unsigned copies of CVs shall be rejected.

3.2.5 The technical proposal must not include any financial information.

3.3 Financial Proposal:

3.3.1 The Financial proposal should include all the costs associated with the assignment.
These shall normally cover: Remuneration for staff (foreign and local), printing of
documents, etc. This cost should be broken down into foreign and local costs. The
financial proposal should be prepared strictly using, the formats attached in
Appendix-IV (Form I-IV) The financial proposal should clearly indicate the amount
asked for by you without any assumptions of conditions attached to such amounts.
Conditional offer or the proposal not furnished in the format attached in Appendix-IV
shall be considered non- responsive and is liable to be rejected.

3.3.2 The financial proposal shall take into account all types of the tax liabilities and cost of
insurance specified in the Data Sheet.

3.3.3 Costs shall be expressed in Indian Rupees in case of domestic as well as for foreign
Consultant. The payments shall be made in Indian Rupees by the Ministry and the
Consultant themselves would be required to obtain foreign currency to the extent
quoted and accepted by Ministry. Rate for foreign exchange for payment shall be at the
rate established by RBI applicable at the time of making each payment installment on
items involving actual transaction in foreign currency. No compensation done to
fluctuation of currency exchange rate shall be made.

4 Submission of Proposals

4.1 The Applicants shall submit the proposal (Proof of Eligibility and Technical Proposal)
in hard bound form with all pages numbered serially and by giving and index of
contents. Applications submitted in any other forms like spiral bound form; loose form
etc. shall be rejected. Copies of Applications shall not be submitted and shall be
rejected. A Consultant with “a Particular Team” may submit only one hard copy (in
original) of “Proof of Eligibility (Part I)” and “Technical Proposal (Part II)” to Ministry
on or before the deadline of submission of bids. However, Consultants are required to
submit a copy of Proof of Eligibility and Technical Proposal online separately.
Financial proposal for is to be submitted separately. Financial proposal are only to be
submitted online and no hard copy of the financial proposal should be submitted.

4.2 The original proposal must be submitted as indicated in the Data Sheet. “Proof of

10
Eligibility” in original and hard bound should be enclosed in an envelope which should
be marked as “Part-I – Proof of Eligibility”. Similarly, “Technical Proposal” in original
and hard bound should be enclosed in an envelope which should be marked as
“Part-II –Technical Proposal”. The proposal will be sealed in an outer envelope
which will bear the address and information indicated in the Data Sheet and shall
be submitted to Ministry on or before the deadline for submission of bids. The
envelope must be clearly marked:

Project Name: Revision of Ministry’s Specifications (Fifth Revision, 2013),


Pocketbook for Highway Engineers (2nd revision, 2002) and Pocketbook for Bridge
Engineers (1st revision, 2000)

Do not open, except in presence of the Evaluation Committee

4.2.1 This outer envelope will contain three separate envelopes. The first envelope
containing “Proof of Eligibility” (which should be clearly marked), the second
envelope containing “Technical Proposal” (which should be clearly marked) and the
third envelope containing a demand draft of Rs. 5,000/- (as Document fee) and Bid
Security of required amount and validity as mentioned in the RFP. Only one Bid
Security Rs. 1,000,00/ and one DD of Rs. 5000/ shall be submitted by a consultant
applying with a particular team.

4.2.2 The proposal must be prepared in indelible ink and must be signed by the authorized
representative of the consultants. The letter of authorization must be confirmed by a
written power of attorney accompanying the proposals. All pages of the Proof of
Eligibility and Technical Proposal must be initialed by the person or persons signing
the proposal.

4.3 The proposal must contain no interlineations or overwriting except as necessary to


correct errors made by the Consultants themselves, in which cases such corrections
must be initialed by the person or persons signing the proposal.

4.4 The completed Proof of eligibility and Technical proposal (in hard copy) must be
delivered on or before the time and date at the address stated in Data Sheet. Proof of
Eligibility, Technical Proposal and Financial Proposal shall have to be submitted online
also on or before the time and date at the address stated in Data Sheet.

4.5 The proposal must be valid for the number of days stated in the Data Sheet from the
closing date of submission of proposal.

5 Proposal Evaluation

5.1 The proposals would be evaluated by a Committee constituted by the Ministry. A three-
stage procedure will be adopted in evaluating the proposal. In the first stage- Proof of
Eligibility, it will be examined as to whether:
i) The proposal is accompanied by Document fee
ii) The Proposal is accompanied by Bid Security of required value and of validity

11
equal or more than the minimum required period
iii) The firms(s) have required experience
iv) The firms(s) have required turnover
v) The documents in support of Eligibility criteria is furnished
vi) The documents are properly signed by the authorized signatories and whether the
proposal contains proper POA.
vii) Whether the proposals have been received on or before the due date.
viii) In case a Joint Venture/Association of firms, the proposal shall be accompanied by
a certified copy of legally binding Memorandum of Understanding (MOU) on a
stamp paper of Rs.100, signed by all firms to the joint venture/Association as detailed
at para 1.5.1(ii)
In case, response to any of the above items is ‘No’ the bid shall be declared as
non- responsive and shall not be evaluated further.

A Consultant fulfilling the minimum Eligibility Criteria as mentioned in the Data sheet
and who has submitted requisite documents shall be declared “Pass” in Proof of
Eligibility and the Technical Proposals of only those consultants shall be opened and
evaluated further in Second Stage.

5.2 In the second stage the Technical proposal shall be evaluated as per the detailed
evaluation criteria given in Data Sheet.

5.3 A proposal securing 80 points shall be declared pass in the evaluation of Technical
Proposal. The Technical Proposal should score at least 80 points out of 100 to be
considered for financial evaluation. The CV of the proposed Team Leader should
score at least 80 % marks otherwise the entire proposal shall be considered to
have failed in the Second Stage and shall not be considered for opening of Financial
Proposal in Third Stage.

5.4 Evaluation of Financial Proposal:

5.4.1 In case only one firm is eligible for opening of Financial Proposals, the Financial
Proposal shall not be opened, the bids shall be cancelled and Ministry shall invite fresh
bids or annul the bid process.

5.4.2 For financial evaluation, total cost of financial proposal excluding Goods & Services
Tax (GST) shall be considered. Goods &Services Tax (GST) shall be payable
separately.

5.4.3 The Evaluation Committee shall determine whether the submitted Financial Proposal is
complete i.e. whether they have included cost of all items of the proposal. If not, then
the cost towards such missing items will be considered as NIL. However, the

12
Consultant shall, be required to carry out such obligations without any additional
compensation what so ever and without computational error.
5.4.4 In case if the Ministry (Evaluation Committee) feels that the work cannot be carried
out within the overall cost as per the submitted financial proposal as mentioned in
5.4.3 above, such proposals shall be considered non responsive.

5.4.5 The procedure for determining the “Most Preferred Bidder (H-1 bidder)” as mentioned
at 5.5and 5.6 shall be as mentioned below.

5.4.6 The lowest Financial Proposal (FM) will be given a Financial Score (SF) of 100 points.
The financial scores of other proposals will be computed as follows:
SF = 100*FM/F
(SF = Financial Score, FM= Amount of lowest bid, F= Amount of financial proposal
converted in the common currency)

5.5 Combined evaluation of Technical and Financial Proposals. Proposals will finally be
ranked according to their combined Technical Score (ST) and Financial Score (SF)
using the weights indicated in the Data Sheet.

S= ST*t + SF*f

Where, S= Combined Score, ST= Technical Score out of 100 and SF= Financial Score
out of 100, t and f are values of corresponding weights for technical and financial
proposal respectively.

5.6 Consultant securing the maximum Combined Score (S) shall be declared as the most
preferred bidder (H-1)

5.7 Each key personnel of the H-1 consultant shall be called for interview/negotiation
before the award of work.

6 Performance Security:

The consultant will furnish within 15 days of the issue of Letter of Acceptance (LOA),
an unconditional Bank Guarantee from a Nationalized Bank, IDBI or ICICI
Bank/Foreign Bank/EXIM Bank / Any Scheduled Commercial Bank approved by RBI
having a net worth of not less than 500 Crore as per latest Annual Report of the Bank.
In the case of a Foreign Bank (issued by a Branch in India) the net worth in respect
of Indian operations shall only be taken into account. In case of Foreign Bank, the
BG issued should be counter guaranteed by any Nationalized Bank in India. In case of
JV, the BG shall be furnished on behalf of the JV or by the lead member of the JVs for
an amount equivalent to 10 % of the total contract value to be received by him towards
Performance Security valid for a period of three years beyond the date of completion
of services. The Bank Guarantee will be released by Ministry upon expiry of one
year beyond the date of completion of services. If a Consultant fails to submit the
Performance Security as specified above, it shall attract penalty i.e. encashment of Bid
13
Security submitted by the Consultant.

7 Award of Contract:

After evaluation, the Ministry shall issue letter of award and request the Consultant to
provide Performance Security as in Para 6 above. If negotiations fail or the selected
Consultant fail to provide performance security (as per para 6 above) within the
prescribed time or the Consultant fail to sign the Contract Agreement within
prescribed time the Ministry may either award work to the 2nd highest ranking
Consultant or annul the bidding and may invite the bids afresh on the bais of
recommendation by the Evaluation Committee.

8. Signing of Contract Agreement

After having received the performance security and verified it, the Ministry shall
invite the selected Consultant for signing of Contract Agreement on a date and time
convenient to both parties within 15 days of receipt of valid Performance Security.

9. Penalty:

The consultant will indemnify for any direct loss or damage that accrue due to
deficiency in services in revision of Ministry’s specifications, hand book for Highway
Engineers and hand book for Bridge Engineer. Penalty shall be imposed on the
consultants for poor performance/deficiency in services as expected from the
consultant.

10. The Ministry shall keep the bidders informed during the entire bidding process and
shall host the following information on its website:
i) Notice Inviting Tender(NIT)
ii) Request For Proposal(RFP)
iii) Replies to pre-bid queries, if any
iv) Amendments / corrigendum to RFP
v) List of Consultants who submitted the bids up to the deadline of submission
vi) List of Consultants who did not pass the eligibility requirements, stating the broad
deficiencies
vii) List of Consultants who did not pass the Technical Evaluation stating the reasons.
viii) List of Consultants along with the technical score, who qualified for opening the
financial bid
ix) Final Score of qualified bidders
x) Name of the Consultant who has been awarded the Contract

11. Confirmation:

We would appreciate you informing us by e-mail whether or not you will submit the
proposal.

14
Chief Engineer, SR&T (Bridges),
Ministry of Road Transport Highways,
Indian Academy of Highway Engineers (campus),
A-5, Sector-62, Noida -201301.

DATA SHEET

(References to corresponding paragraphs of RFP are mentioned alongside)

1. The Name of the Assignment and description of project (Ref. Para 1.1 &1.2)

(The Name of project should be indicated in the format given in the Technical Proposal)

2. The name of the Ministry’s Representative is : Chief Engineer, SR&T(Bridges),


MORT&H

3. Duration of the Project: 06 Months

4. Date, Time and Venue of Pre-Proposa

Conference Date: 25th October, 2017


Time: 11.00 Hrs
Venue: Room No. 111, IAHE Campus, Sector 62, Noida (U.P)

5. The Documents are:


i. Appendix-I: Terms of Reference(TOR)
ii Appendix-II Formats for Proof of Eligibility
iii. Appendix-III: Formats for Technical Proposal
iv. Appendix-IV: Formats for Financial Proposal
v. Appendix-V Draft Contract Agreement (Ref. Para2.1)

15
6. Bid Security: Rs. One Lakhs (Ref Para, 1.7)

7. Tax and Insurance (Ref. Para 3.3.2)

(i). The Consultants and their personnel shall pay all taxes (including Goods &
Services Tax), custom duties, fees, levies and other impositions levied under the
laws prevailing seven days before the last date of submission of the bids. The
effects of any increase / decrease of any type of taxes levied by the Government
shall be borne by the Ministry / Consultant, as appropriate.

(ii). The Consultant’s Liability towards the Ministry shall be as per Article 6 of Draft
Contract Agreement

(iii). The risk and coverage shall be as per Article 9.6 of Draft Contract Agreement.

8. The number of copies of the proposal required to be submitted: 1 No. (Ref. para 4.1)

9. The address for correspondence: (Ref. para 4.2)

The Chief Engineer, SR&T (Bridges),


Ministry of Road Transport and Highways,
Room No. 107, IAHE Campus,
Sector-62, Noida (U.P).
E-mail: bk.sinha@nic.in

The envelopes must be clearly marked:

i. Original Proposal;
ii. Documents in proof of eligibility and technical proposal as appropriate; and,
iii. Do not open, except in presence of the Evaluation Committee
iv. Project Name:------------
v. Name and Address of Consultant

10. The date, time of proposal submission are

Date 9th November, 2017

Time 10:30 Hrs.

11. Proposal Validity period (Number of days):120 days (Ref. Para 4.5)

12. Evaluation Criteria: (Ref. Para 3 & 5)

12.1 First stage evaluation – Eligibility Requirement – consultant / technical/research


institutions. (Ref. Para 3.1.1 & 5.1)

12.2 Second Stage Technical Evaluation (Refer 5.2)


16
The technical bids will be evaluated as per the criteria given below:
(a) Firm’s relevant experience 24 marks
(b) Approach and Methodology 6 marks
(c) Qualification and relevant experience 65marks
of key personnel with break up as under
(i) Team Leader cum Highway Engineer - 20 marks
(ii) Bridge Expert - 15 marks
(iii) Safety Expert - 15 marks
(iv) Geotechnical Expert - 15 marks
(a) Office facilities required For completion of services-05 marks
Evaluation Criteria & Point system for evaluation of Technical Proposals.
The number of points assigned to each of the evaluation criteria are:
(a) Sub criteria for Specific Experience of the firm related to the assignment
(Total 24 Marks):

S. No. Description Max. Marks 24


1 Experience in preparation of Ministry’s DPR for 12
minimum 100 km of National Highways for three
projects (3 Marks/ assignment)
OR
Experience in design for bridges with overall length
greater than 60 m and at least one span length
greater than 40 m (3 Marks/ assignment)

2 Experience in designing/proof checking number of


Road/Bridge works (1 mark per assignment)
12

Total 24
Note:
1. Works completed in last 7 year will only be considered for evaluation.

(b) Sub-Criteria for Approach and Methodology (Total 6 Marks):

Sl.
Description Marks
No.
1 Comments /Suggestions on TOR 1
2 Quality of Approach and Methodology. 5
Total 6

17
(c) Sub-criteria for Qualifications and competence of the key staff for the Assignment. The
weightage for various key personnel (Total 65 Marks) :

Sl. Key Personnel Marks


No.
1 Team Leader cum Highway Engineer 20
2 Bridge Expert 15
3 Pavement & Safety Expert 15
4 Geotechnical Expert 15
Total 65

(I) Sub-criteria for qualification of key personnel * is as mentioned below:

Sl. Description Marks %


No.
1 General Qualification 50
2 Adequacy for the Assignment. 45
3 Period of regular employment with the firm. 5
Total (%) 100

(a) Sub Criteria for General Qualification

Sl. Qualification Marks


No.
1 Educational Qualification 10
2 Professional Experience 10
3 Training, Publication etc. 30
Total 50

(a) (1) Sub-criteria for Educational Qualification is as mentioned below:

Sl. No. Staff Qualification Mark


Positio
n
M.Tech./M.E on any of the topic in 7
Team Leader the field of Highway/Civil
cum Highway Engineering.
1 Engineer Ph.D. on any of the topic related to 10
Pavement/Highway/Bridge/
Engineering
2 Bridge M.Tech/M.E in Structural/Bridge 7
18
Expert Engineering.
Ph.D. on any of the topic related to 10
Bridge Engineering.

M.Tech./M.E in 7
Highway/Construction &
Management/Transportation
Engineering.
Pavement &
3
Safety Expert Ph.D. on any of the topic related to 10
Highway/Construction &
Management/Transportation/ Civil
Engineering.

M. Tech./ME in the field of 7


Geotechnical Geotechnical Engineering
4
Expert PhD in any topic related to 10
Geotechnical Engineering

(a) (2) Sub-criteria for Professional Experience is as mentioned below:

Sl. No. Staff Position Experience Marks


1 Team Leader More than 20 year professional
10
Cum Highway experience
Engineer
Between 15 to 20 year professional
8
experience
2 Bridge Expert More than 20 year professional
10
experience
Between 15 to 20 year professional
8
experience
3 Safety Expert More than 15 year professional
10
experience
Between 10 to 15 year professional
8
experience
4 Geotechnical More than 15 year professional
10
Expert experience
Between 10 to 15 year professional
8
experience

19
(a)(3) Sub Criteria for Training, publication etc. (Maximum 30 Marks):

Sl. No. Staff Position Experience Marks


Served for Minimum Five years as
10
a member in the technical
committees/sub-committees of
Team Leader IRC/BIS/other equivalent
cum Highway international bodies
1 Engineer Published at least three technical
10
papers at National level
Published three technical paper at
10
international level
Served for Minimum Five years as
10
a member in the technical
committees/sub-committees of
IRC/BIS/other equivalent
international bodies
2 Bridge Expert
Published at least three technical
10
papers at National level
Published three technical paper at
10
international level
Served for Minimum Five years as
10
a member in the technical
committees/sub-committees of
IRC/BIS/other equivalent
international bodies
3 Safety Expert
Published at least three technical
10
papers at National level
Published three technical paper at
10
international level
Served for Minimum Five years as
10
a member in the technical
committees/sub-committees of
IRC/BIS/other equivalent
4 Geotechnical Expert international bodies
Published at least three technical
10
papers at National level
Published three technical paper at
10
international level

20
(b) Sub-criteria for Adequacy for the Assignment is as mentioned below: (Max.
Marks 45)

Sl. No. Staff Position Experience Marks (in %)

(i)Experience in specific 5marks/assignment,


positions in similar capacity maximum 25 marks.
Team Leader
1 cum Highway (ii)Experience relevant to 5marks/assignment,
Engineer particular assignment maximum 20 marks
/similar project, not
included in (i)above
(i)Experience in specific 5 marks/assignment,
positions in similar capacity maximum 25 marks.

2 Bridge Expert (ii)Experience relevant to 5marks/assignment,


particular assignment maximum 20 marks
/similar project, not
included in (i)above
(i)Experience in specific 5 marks/assignment,
positions in similar capacity maximum 25 marks.

Pavement & Safety (ii)Experience relevant to 5marks/assignment,


3
Expert particular maximum 20 marks
assignment/similar project,
not included in
(i) above
(i)Experience in specific 5 marks/assignment,
positions in similar capacity maximum 25 marks.
(ii)Experience relevant to 5marks/assignment,
4 Geotechnical Expert particular maximum 20 marks
assignment/similar project,
not included in
(i) above

Note: Similar project includes preparation/revision of similar


codes/guidelines/specifications at national or international level.

21
(c) Sub-criteria for Employment with the firm/institution is as mentioned below: (Max.
Marks 5)

Sl. No. Criteria Marks


1 Employed for more than 3 years 5
2 Employed for 1 to 3 years 3
3 Employed for less than one year 1

(d) Sub-Criteria for Office facilities required for completion of services: (Max. Marks 5)

Sl. No. Criteria Marks


1 Availability of Computer and 5
printer, space etc.

12.2 The Consultant should carryout self-evaluation based on the evaluation criteria
mentioned above. While submitting the self-evaluation along with bid, Consultant shall make
references to the documents submitted in their proposal which have been relied upon in self-
evaluation. Result of technical evaluation shall be made available on the website giving
opportunity to the bidders to respond within 7 days in case they have any objection.

12.3 Third stage – Evaluation of Financial Proposal

Financial Proposals of all Qualified Consultants in accordance with the procedure stipulated
in the RFP shall be opened. The consultancy services will be awarded to the consultant
scoring highest marks in combined evaluation of Technical and Financial proposal in
accordance with clause1.3 and 5.4 hereof. The Factors are:
The weight given to Technical Proposal (t) = 0.80
The weight given to Financial Proposal (f) = 0.20

13. The common currency is “Indian Rupees”. (Ref. Para3.3.3)

Consultant shall have to quote in Rupees both for domestic Consultant as well as
Foreign Consultants

14. Commencement of Assignment (Date, Location): The Consultants shall commence the
Services within fifteen days of the date of effectiveness of the contract at locations as required
for the assignment as stated in TOR.

22
APPENDIX-I

TERMS OF REFERENCE (TOR)

CONSULTANCY SERVICES FOR REVISION OF


MINISTRY’S SPECIFICATIONS (FIFTH REVISION, 2013),
POCKET BOOK FOR HIGHWAY ENGINEERS (2ND REVISION, 2002) AND
POCKET BOOK FOR BRIDGE ENGINEERS (1ST REVISION, 2000)
1 Introduction:

1.1 The Ministry of Road Transport & Highways is responsible for development and
maintenance of National Highways. The Ministry of Road Transport & Highways
(MoRT&H) (hereafter referred to as Ministry) is intended to revise the existing
Ministry’s Specifications (Fifth Revision, 2013), Pocketbook for Highway Engineers (2nd
revision, 2002) and Pocketbook for Bridge Engineers (1st revision, 2000).
2. Objective & Scope:
2.1 The objective of this consultancy is to revise the Ministry’s Specifications (Fifth Revision,
2013), Pocketbook for Highway Engineers (2nd revision, 2002) and Pocketbook for
Bridge Engineers (1st revision, 2000)
2.2 The scope of this consultancy thorough study of the documents mentioned in 2.1 (para
wise and sub para wise), in first instance to map the inconsistencies and revised necessary
changes/modifications. A report on those sub para/para which requires changes /
modifications along with reason for such changes would be prepared.
2.3 After mapping inconsistencies and required changes/modifications, a report on the
suggestions for changes and modifications along with clear cut para wise/sub para wise
recommendations would be prepared, thereby substantiating the changes with
justifications and substantiated with the literature.
2.4 The basis for revision includes but not limited to updating, advancement in new
materials/technologies etc., analysis and design procedures, construction techniques &
strategies, maintenance, durability & performance requirements, safety and quality
control needs etc.
2.5 The revision shall also be done keeping in view the latest provisions made in the existing
IRC-guidelines, Indian (IS) Standards code, Ministry’s policy guidelines issued from
time to time, internationally adopted good engineering practices, various provisions of
existing international codes and specifications suitable to Indian condition, namely,
AASHTO, FHWA, ASTM, European Code etc.
3. Submission of Report:
3.1 For each submission of the report (intermediate or final) one hard copy and one soft copy
shall be submitted to the Ministry by the consultant. In addition, six hardbound copies
and one soft copy of the finally approved reports shall be supplied by the consultant after
proof checking, to the Ministry. The work of printing, publication and sale of hardbound
copies of finally approved new specifications and hand books will be done by the Indian
Roads Congress (IRC).
3.2 All the related research papers / codes/ publications etc. referred to substantiate the
revision / modifications/ reason for no change etc. would be appended with the reports.
The responsibility of taking permission- copy right etc., if any, for referring the papers /
codes / publications from concerned entity would lie with the Consultant.
3.3 The responsibility for suggesting changes / modifications and their accuracy will be of the
consultants.
23
4. Methodology to be followed:
4.1 An interactive approach will have to be evolved and followed by the finally selected
the consultant. For this purpose, Ministry will constitute a committee of officers
dealing with Standard & Specifications related to Roads and Bridges. The
consultants shall be required to interact with this committee and the officers
concerned. The decision of the committee shall be final and binding.
4.2 The consultants will have to attend the meetings convened by Ministry in connection
with the work and carry out number of modifications/revisions. Expenditure for
attending the meeting should be inbuilt in the quotation and no extra amount will be
payable over and above the fee quoted.
4.3 The Consultant will also interact with Academicians/Research Institutes / Field
Expert if necessary for any specific issues / provision in the document.
4.4 The Consultant is also required to organize workshop and give presentation of the
final outcome of the assignment in presence of implementing agencies viz. State
PWDs, National Highways Authority of India (NHAI), National Highways
Infrastructure Development Company Limited (NHIDCL), and Border Roads
Organization (BRO) for dissemination of final outcome. Expenditure for such
workshop should be inbuilt in the quotation and no extra amount will be payable
over and above the fee quoted.

5 Key Personnel:
5.1. The Consultant will deploy a team of expert comprising of Team Leader cum
Highway Engineer, Bridge Expert, Pavement/Safety Expert and Geotechnical
Expert. The minimum qualification of key personnel to be deployed is as follows:

Sl Sl. No. Personnel Minimum / Desirable Qualifications and Experience


Minimum Educational Qualifications: M.Tech./M.E
on any of the topic in the field of Highway/Civil
Engineering.
Desirable Educational Qualifications: Ph.D. on any
of the topic related to Pavement/Highway/Bridge/
Team Leader
Engineering
1 cum Highway
Experience: 25 years for personnel possessing
Engineer
Minimum Qualifications and 20 years for Personnel
possessing Desirable Qualifications in
Academics/Government/Private Consultant in the field
of Highway/Bridge Planning/design
/Construction/Maintenance.
Minimum Educational Qualifications: M.Tech./M.E
in Structural/Bridge Engineering.
Desirable Educational Qualifications: Ph.D. on any
of the topic related to Bridge Engineering.
2 Bridge Expert Experience: 20 years for personnel possessing
Minimum Qualifications and 15 years for Personnel
possessing Desirable Qualifications in
Academics/Government/Private Consultant in the field
of Bridge Planning/design /Construction/Maintenance.
3 Pavement/ & Minimum Educational Qualifications: M.Tech./M.E
24
Safety Expert in Highway/Construction &
Management/Transportation Engineering.
Desirable Educational Qualifications: Ph.D. on any
of the topic related to Highway/Construction &
Management/Transportation/ Civil Engineering.
Experience: 20 years for personnel possessing
Minimum Qualifications and 15 years for Personnel
possessing Desirable Qualifications in
Academics/Government/Private Consultant in the field
of Highway Planning/design
/Construction/Maintenance/ Safety
Minimum Educational Qualifications: M.Tech./M.E
in Geotechnical Engineering.
Desirable Educational Qualifications: Ph.D. on any
of the topic related to Geotechnical Engineering.
Experience: 20 years for personnel possessing
Geotechnical
4 Minimum Qualifications and 15 years for Personnel
Expert
possessing Desirable Qualifications in
academics/Government/Private consultant in the field
of Geotechnical investigations / design/ construction of
retaining structure etc.

5.2. The Consultants shall propose the key personnel for different positions. They
will furnish the designations, address, date of birth, telephone nos., educational
qualifications, willingness to work for the scheme, etc. of the key personnel who
will be actually executing the work. They should also give details of the self
certified attested copies of relevant certificate by the proposed key personnel as
per the format given in RFP document.

5.3. The experts to be deployed by the must have the capability and preferably,
previous experience of undertaking similar nature of works. For this purpose,
the consultants may have a joint venture with other consultants/institute or may
even hire suitable personnel/individual with consent (consent letter to be
enclosed with the proposal) to augment their capability. The Key personnel,
proposed to be deployed, should have thorough knowledge of the various IRC
Codes, Manuals, Special publications, Ministry’s Specifications, Compendium
of circulars, and Guidelines in the related field.

5.4. The time allowed to complete the work is maximum Six (06) months. Any
extension of time may be granted by the Ministry on request by the Consultant.
The key personnel should be available during the entire period of assignment.
The substitute of key personnel would not be agreed except in case of death or
on medical ground.

25
6. Reports:

7.1 All reports, records or materials compiled or prepared in the course of the
services shall be confidential and shall be the absolute property of the Ministry.
The selected consultant shall agree to deliver all these materials including
technical literature purchased for the purpose to the Ministry upon completion of
this work. The consultant will have no right to sell documents/report prepared
under the assignment and shall not issue any clarifications on these without the
consent of the Ministry.
7.2 The Team Leader/experts will maintain close liaison with the Ministry during
each stage of the work, provide any clarification, carryout modifications as
suggested by the Ministry.
7.3 The Consultant who intends to submit the proposal should be in a position to
commence the services as soon as possible but not later than 15 days from the
date of issue of letter of acceptance of the offer of the selected consultants by the
Ministry.
7.4 The selected consultant will proceed with the work in a systematic manner and
submission shall be in stages as indicated in the offer and as agreed to by the
Ministry. The Ministry shall be kept informed regularly of the progress made on
the assignment.
7.5 Delay in approval of the draft submissions beyond the specified period may
entitle the selected consultants for extension of time. The decision of Ministry in
this regard will be final and binding.

7 Time of Completion: The total time period of Six (06) months is envisaged for
satisfactory completion. The Consultant may deploy additional requisite number
of technical and non-technical personnel for carrying out the revision. The
consultant shall augment the inputs as are necessary to expedite the progress to
adhere to the agreed time schedule and shall not be entitled for any additional
payment for taking such steps.

8 The selected consultant will have to sign a contract agreement with the Ministry
on award of the work. A copy of the sample agreements is given in RFP
document.

9 Acceptance of work: Work under this scheme shall be carried out to the entire
satisfaction of the Ministry.

10 Activity and payment schedule: The selected consultant is required to complete


the following activities within the time frame given below and shall be paid the
fee on stage payment basis for each stage unless otherwise agreed and indicated in
the acceptance letter.

26
ACTIVITY AND PAYMENT SCHEDULE
Sl. No. Activity Time of Cumulative
completion payment
(from the (% of cost
commencement of of
services) assignment)
1 Submission of 1/2 months 10%
Inception Report (Half month)
and Methodology
2 Submission of 02 months 35%
Section / sub- (Two months)
section wise list of
inconsistencies in
the existing
documents and
compliance of
Ministry’s
comments

3 Submission of report 04 months 60%


on proposed changes (Four months)
consistent with
inconsistencies and
compliance of
Ministry’s
comments
4 Submission of Draft 05 months 90%
Final Document and (Five months)
compliance of
Ministry’s
comments
5 Acceptance of 06 months 100%
Documents by (Six months)
MoRTH and
dissemination of the
Findings

11 Endorsement from the Head of the Institutions (on letter head) and Certificate
from Investigator(s) must be submitted along with the proposal

12 Work Plan: Phase-wise plan of action detailing time schedule Milestones may
clearly be indicated.

13 The proposal shall be as per Para 4 of the RFP addressed to the Chief Engineer,
Standards, Research & Technology (Bridges), with the name of the Project(s) and
the name of Institution written clearly on it.

27
14 The MoRT&H will not be responsible for any delay in receiving the proposal and
reserves the right to accept /reject any or all proposals without assigning any
reason thereof.

15 Evaluation of the proposals will be done by a Committee formed by MoRT&H for


the purpose. Evaluation will be based on the Technical & Financial Scores on
80:20 basis.

16 Ministry reserves its right to award or reject any or all offers without assigning
any reason, whatsoever, and one will not be entitled for any compensation or
reimbursement of cost for the preparation of proposals and submission of the
same.

17 Address for Communication: As per Para 9 of Data Sheet.

28
APPENDIX-II
FORMAT FOR ELIGIBILITY

(Date and Reference)

To,

**********
*********
*********

29
Proof of Eligibility
Form-E1
Letter of Proposal (On Applicant’s Letter Head)

Sub: Appointment of Consultant for revision of Ministry’s Specifications (Fifth


Revision, 2013), Pocketbook for Highway Engineers (2nd Revision, 2002) and
Pocketbook for Bridge Engineers (1st Revision, 2000)
Sir,

With reference to your RFP Document dated ………, I/We i.e M/s-------------------------------
------
--------------------------------------(Name of Bidder/ Bidders) having examined all relevant
documents and understood their contents, hereby submit our Proposal for selection as
Consultant. The proposal is unconditional and unqualified.

2. All information provided in the Proposal and in the Appendices is true and correct and
all documents accompanying such Proposal are true copies of their respective originals.
3. This statement is made for the express purpose of appointment as the Consultant for the
aforesaid Project.
4. I/We shall make available to the Authority any additional information it may deem
necessary or require for supplementing or authenticating the Proposal.
5. I/We acknowledge the right of the authority to reject our application without assigning
any reason or otherwise and hereby waive our right to challenge the same on any
account whatsoever.
6. I/We certify that in the last three years, we or any of our Associates have neither failed
to perform on any contract, as evidenced by imposition of a penalty by an arbitral or
judicial authority or a judicial pronouncement or arbitration award against the
Applicant, nor been expelled from any project or contract by any public authority nor
have had any contract terminated by any public authority for breach on our part.

7. I/We understand that you may cancel the Selection Process at any time and that you are
neither bound to accept any Proposal that you may receive nor to select the Consultant,
without incurring any liability to the Applicants in accordance with Clause 1.7 of the
RFP document.
8. I/We declare that we/any member of the consortium, are/is not a Member of any other
30
Consortium applying for Selection as a Consultant.
9. I/We certify that in regard to matters other that security and integrity of the country, we
or any of our Associates have not been convicted by a Court of Law or indicted or
adverse orders passed by a regulatory authority which would cast a doubt on our ability
to undertake the Consultancy for the Project or which relates to a grave offence that
outrages the moral sense of the community.
10. I/We further certify that in regard to matters relating to security and integrity of the
country, we have not been charge-sheeted by any agency of the Government or convicted
by a Court of Law for any offence committed by us or by any of our Associates.
11. I/We further certify that no investigation by a regulatory authority is pending either
against us or against our Associates or against our CEO or any of our
Directors/Managers/employees.
12. I/We hereby irrevocably waive any right or remedy which we may have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken by the
Authority [and/ or the Government of India] in connection with the selection of
Consultant or in connection with the Selection Process itself in respect of the above
mentioned Project.
13. The Bid Security of Rs. 1,00,000 (Rupees One Lakhs Only) in the form of a Bank
Guarantee is attached, in accordance with the RFP document.
14. I/We agree and understand that the proposal is subject to the provisions of the RFP
document. In no case, shall I/we have any claim or right of whatsoever nature if the
Consultancy for the Project is not awarded to me/us or our proposal is not opened or
rejected.
15. I/We agree to keep this valid for 120 (One hundred and twenty) days from the Proposal
Due Date specified in the RFP.
16. A Power of Attorney in favour of the authorized signatory to sign and submit this
Proposal and documents is attached herewith.

17. In the event of my/our firm/consortium being selected as the Consultant, I/we agree to
enter into any Agreement in accordance with the form Appendix V of the RFP. We agree
not to seek any changes in the aforesaid form and agree to abide by the same.
18. I/We have studied RFP and all other documents carefully. We understand that except to

31
the extent as expressly set forth in the Agreement, we shall have no claim, right or title
arising out of and documents or information provided to us by the Authority or in
respect of any matter arising out of or concerning or relating to the Selection
Process including the award of Consultancy.
19. The Proof of Eligibility and Technical proposal are being submitted in separate covers in
hard copy and they are being submitted online also. Financial Proposal is being submitted
online only. This Proof of Eligibility read with Technical Proposal and Financial
Proposal shall constitute the Application which shall be binding on us.
20. I/We agree and undertake to abide by all the terms and conditions of the RFP Document.
In witness thereof, I/we submit this Proposal under and in accordance with the terms of
the RFP Document.

Yours faithfully,

(Signature,
Name and Designation of the Authorized Signatory)

(Name and seal


of the Applicant/Lead Member)

32
Form-E2/T3

FIRM’S REFERENCES

Relevant Services carried out in the Last Seven Years


Which Best Illustrate Qualifications

The following information should be provided in the format below for the assignment for
which your firm, either individually as a corporate entity or as one of the major companies
within a consortium (having at least 50 % share in JV), was legally contracted by the Ministry:

Assignment Name: Country:


Location within Country : Professional Staff Provided by your firm

Name of Ministry : No. of Staff :


Address : No. of Staff Months :
Start Completion Date Approx. Value of
Date (Month / Year) Services : (in INR/current USD) :
(Month /
Name
Year) of JV/Association Firm(s) if any : No. of Months of Professional
Staff provided by Associated Firm(s)
Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate
Narrative Description of Project :
Description of Actual Services Provided by your Company:

Signature of Authorized Representative

(Certificate from Employer regarding experience should be furnished)

33
APPENDIX-II

Form- E3

Financial Capacity of the Applicant

Name of Applicant:

S. No. Financial Year Annual Revenue


(Rs./US $ in million)
1 2016-17
2 2015-16
3 2014-15
4 2013-14
5 2012-13

Certificate from the Statutory Auditor$

This is to certify that --------------(Name of the Applicant) has received the payments
shown above against the respective years on account of Consultancy Services.

Name of the Audit Firm & Seal of the Audit Firm

Date

(Signature, Name and Designation of the Authorized Signatory)


$In case he Applicant does not have a statutory auditor, it shall provide the certificate from
its chartered accountant that ordinarily audits the annual account of the Applicant.

Note:

(Please do not attach any printed Annual Financial Statement)

34
APPENDIX-II
Form-E4

BANK GUARANTEE FORMAT FOR BID


SECURITY
(To be stamped in accordance with Stamp Act if any, of the country of issuing bank)

Ref.: Tender No. , dated

Bank Guarantee:
Date:

WHERE AS, (Name of Bidder) (hereinafter called "the bidder") has


submitted his bid dated (date) for the Tender No. , dated
(herein after called "the Bid". KNOW ALL MEN by these presents
that We, [Name of Bank]of [Name of Country] having our registered
office at (herein after called "the Bank") are bound unto [name of
employer] (hereinafter called "the Employer")in the sum of Rs. (Rupees Lakhs
only) for which payment will and truly to be made to the said employer the bank binds himself,
his successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this day of 201_.

THE CONDITIONS of this obligation are:


1. If the Bidder withdraws his Bid during the period of bid validity specified in the Bid
document; or
2. If the Bidder does not accept the correction of arithmetical errors of his Bid Price in
accordance with the Instructions to Bidder; or
3. If the Bidder having been notified of the acceptance of his Bid by the Employer during
the period of bid validity,
a. fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Bidders, if required; or
b. fails or refuses to furnish the Performance Security, in accordance with the letter of
invitation, we undertake to pay the Employer up to the above amount upon receipt of his first
written demand, without the Employer having to substantiate his demand, provided that in his
demand the Employer will note that the amount claimed by him is due to him owing to the
occurrence of one or any of the conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 150 (one hundred and fifty)
days after the deadline for submission of bids as such deadline is stated in the Instructions to
Bidders or as it may be extended by the Employer, notice of which extension(s) to the Bank is
hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than
the above date.
Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to
Rs. (Rs. ) and the guarantee shall remain valid till .
Unless a claim or a demand in writing is made upon us on or before all our liability
under this guarantee shall cease
DATE
35
SIGNATURE OFTHEBANK
SEAL OFTHEBANK
SIGNATURE OF THEWITNESS
Name and Address of the Witness
The bank guarantee shall be issued by a bank (Nationalized/Scheduled) located in India and
should be operable in any branch of the said bank operating in NCR.

36
Appendix-III
FORMATS FOR TECHNICAL PROPOSAL

(Form-T1)

TECHNICAL PROPOSAL

FROM: TO:

Sir:

Subject Consultancy Service for

Revision of Ministry’s Specifications (Fifth Revision, 2013), Pocketbook for


Highway Engineers (2nd Revision, 2002) and Pocketbook for Bridge Engineers
(1st Revision, 2000)

Regarding Technical Proposal

I/We (name of
Bidder/Consultant/ Consultancy firm herewith enclose Technical Proposal for selection of
my/our firm/organization as Consultant for .

Yours faithfully,

37
Signature

Full Name

Designation

Address
(Authorized Representative)

38
(Form-T-2)

Details of project for which Technical and Financial Proposals have been submitted for

“Revision of Ministry’s Specifications (Fifth Revision, 2013), Handbook for Highway


Engineers (2nd revision, 2002) and Handbook for Bridge Engineers (1st revision, 2000)”

Form-E2/T3

FIRM’S REFERENCES

Relevant Services carried out in the Last Seven Years Which Best Illustrate Qualifications

The following information should be provided in the format below for each reference
assignment for which your firm, either individually as a corporate entity or as one of the major
companies within a consortium, was legally contracted by the Ministry:

Assignment Name: Country:


Location within Country : Professional Staff Provided
by your firm:
Name of Ministry : No. of Staff :
Address : No. of Staff Months :
Start Completion Date Approx. Value of
Date (Month / Year) Services : (in INR/current USD) :
(Month /
Name
Year) of JV/Association Firm(s) if any : No. of Months of Professional
Staff provided by Associated Firm(s)
Status of your Company in the Assignment i.e., Sole/Lead Member/Other Member/Associate
Narrative Description of Project :
Description of Actual Services Provided by your Company:

Signature of Authorized Representative

(Certificate from Employer regarding experience should be furnished)

39
Form- T5

“COMMENTS/ SUGGESTIONS OF CONSULTANT ON THE TERMS OF

REFERENCE”

1.

2.

3.

4.

5.

….

….

40
Form- T6

Composition of the Team Personnel and the task Which would be assigned to each Team
Member

I. Technical/Managerial Staff

S. No. Name Position Task

Assignment

1.

2.

3.

4.

….

….

….

II. Support
Staff
S. No. Name Position Task Assignment

1.

2.

3.

4.

….

….

….

41
Form- T7

APPROACH PAPER ON METHODOLOGY PROPOSED FOR PERFORMING THE


ASSIGNMENT

The approach and methodology will be detailed precisely under the following topics.
1) Composition of the Team [not more than 1page]
2) Methodology for services, literature review, data collection [not more than 2
pages] and analysis
3) Quality Assurance system for consultancy assignment [not more than 1 page]

42
Form- T10
Office Equipment and Software

Attach a list of office equipment and software owned by the Applicant

43
Form-
T11

Photo

Format of Curriculum Vitae (CV) For Proposed Key Personnel

1. Proposed Position:

2. Name:

3. Date of Birth: (Please furnish proof of age)

4. Nationality:

5. AADHAR No.:

6. Educational Qualification:
(Summarize college/university and other specialized education of staff member,
giving names of schools, dates attended and degrees obtained). (Attach Self
attested degree/post graduation certificate(s) along with mark sheet(s)

Contact Address with Phone and mobile numbers:

7. Membership of Professional Societies:

8. Publication:
(List of details of major technical reports/papers published in recognized
national and international journals)
9. Employment Record:
(Starting with present position, list in reversed order, and every employment
held. List all positions held by staff member since graduation, giving dates,
names of employing organization, title of positions held and location of
assignments. For experience period of specific assignment must be clearly
mentioned, also give Ministry references, where appropriate).

44
10. Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall be
precise and accurate. The information in the summary will have bearing on the
evaluation of the CV).
A) Education:
i) Field of graduation and year
ii) Field of post-graduation and year
iii) Field of Ph.D and year
iv) Any other specific qualification

B) Experience
i) Total experience in highways: Yrs.
ii) Responsibilities held: a) Yrs.
b) Yrs.
c) Yrs.
iii) Relevant experience: Yrs.

C) Permanent Employment with the firm:


Yrs. If yes, how many years:
If no, what is the employment:
Arrangement with the firm?

Certification:

1 I am willing to work on the project and I will be available for entire duration of
the project assignment and I will not engage myself in any other assignment
during the currency of this assignment on the project
2 I, the undersigned, certify that to the best of my knowledge and belief, this
bio-data correctly describes myself my qualification and my experience.

Signature of the Candidate

Place
Date

Signature of the Authorized Representative of the firm


Place
Date

Note: Each page of the CV shall be signed in ink by both the staff member and the Authorized
representative of the firm. Photocopies will not be considered for evaluation.

45
UNDERTAKING FROM THE PROFESSIONAL

I, …………………. (Name and Address) have not left any assignment with the
consultants engaged by Ministry / contracting firm (firm to be supervised now) for any
continuing works of Ministry without completing my assignment. I will be available for the
entire duration of the current project (named…………..). If I leave this assignment in the
middle of the completion of the work, I may be debarred for an appropriate period to be
decided by Ministry. I have also no objection if my services are extended by Ministry for this
work in future.

UNDERTAKING FROM CONSULTING FIRM

The undersigned on behalf of ………………. (name of consulting firm) certify that


Shri………………………(name of the proposed personnel and address) to the best of our
knowledge has not left his assignment with any other consulting firm engaged by Ministry /
contracting firm (firm to be supervised now) for the ongoing projects. We understand that if the
information about leaving the past assignment with MINISTRY without completing his
assignment is known to MORT&H, Ministry would be at liberty to remove the personnel
from the present assignment and debar him for an appropriate period to be decided by
Ministry.

46
Appendix-IV
Formats for Financial Proposals
(Form-I)

FINANCIAL PROPOSAL:

FROM: TO: The Chief Engineer, SR&T(Bridges)


Ministry of Road Transport &Highways
Transport Bhawan, 1 Parliament Street
New Delhi-110001

Sir,

Subject: Consultants Services for “Revision of Ministry’s Specifications (Fifth Revision,


2013), Pocketbook for Highway Engineers (2nd Revision, 2002) and Pocketbook for
Bridge Engineers (1st Revision, 2000)”

Regarding Financial Proposal

I/We Consultant/Consultancy firm here with


enclose
* Financial Proposal for selection of my/our firm/organization as Consultant for the subject
mentioned above.

Yours
faithfully, Full Name:

Designation:

Address:

(Authorized Representative)

*The Financial proposal is to be filled strictly as per the format given in RFP.

47
(Form-II)

Format of Financial Proposal


Summary of Cost in Local Currency

Description Amount (LC)*


Sl. (INR)
No.
Local Consultants/Institute:
I Remuneration for Local Staff (inclusive of per
diem allowance)
II Support Staff (inclusive of per diem allowance)
III Office Supplies, Utilities and Communication
IV Office Equipment (Rental)
V Reports and Document Printing
Subtotal Local Consultants :
Foreign Consultants:
F-I Remuneration for Expatriate Staff
F-II Mobilization and Demobilization
Total Cost Net of Tax :
Taxes I. Income Tax(Expatriate)
and II. Import Duties
Duties III. Value Added Tax

Total cost net of Goods and Services Tax**


Goods and Services Tax 18%
TOTAL COST (Including Goods and Service Tax)

LC* Local Currency


** Total Cost Net of Goods and Services Tax shall be considered for financial evaluation

Note: No escalation will be payable during the services


Insurances shall not be allowed separately. These will be incidental to main
items. Rates for all items shall be quoted in figures as well as in words and figures
quoted in words shall be considered in case of variation in amount quoted figures

48
(Form-III)

Estimate of Local Currency Costs

I. Remuneration for Local Staff (including per diem allowance)

Rate
S. Position Name Staff Amt. (INR)
(INR)
No. Month
Professional Staff s
1 Team Leader cum 6
Highway Engineer
2 Bridge Expert 6
3 Safety Expert 6

4 Geotechnical 6
Expert
Sub Total:
Sub-Professional (To be assessed by Consultant as per
Staff requirement of assignment)
1
2
3
4
5
Sub Total:

TOTAL

49
II.Support Staff

No. Position Name Staff Billing Amoun


Month Rate( t ( INR)
1 Office s INR)

2 Manager

3 Typist

Office Boy
Total :

III. Office Supplies, Utilities and Communication (Fixed Costs)

Sl. Item Months Monthly Amoun


No. Rate t in
(INR) INR
1 Office Supplies Drafting

2 Supplies Computer

3 Running Costs

4 Domestic and International


Communication

TOTAL: Rs. ---------------------------

IV. Office Equipment (Rental)

S. No. Description Unit Quantity Rate Amount


( INR) (INR )
1 Office Equipment LS
Total

50
V. Reports and Document Printing

Sl. Description No. of Rate Amount


No. Copies per (INR.)
Copy
1 Submission of Inception Report and Methodology 1

2 Submission of Section / sub-section wise list of 3


inconsistencies in the existing documents and
compliance of Ministry’s comments
3 Submission of report on proposed changes 3
consistent with inconsistencies and compliance of
Ministry’s comments
4 Submission of Draft Final Document and 6
compliance of Ministry’s comments
5 Seminar 1

Total

51
(Form-IV)

Estimate of Costs for Expatriate Consultants (in Indian


Rupees)

I. Remuneration of Expatriate Staff including per diem allowances

No. Positions Name Rate ( ) SM Amount ( )

Total :

II. Mobilization and Demobilization

1. International Airfares (Fixed Costs)

Position Round Trips Rate Amount

Total

2. Inland Travel in Home Country (Fixed Costs) Lump sum

3. Other Miscellaneous expenses (like DA, internal travel expenses other incidentals,
fixed cost) Lump Sum

52
Appendix-V
CONTRACT AGGREMENT
(To be Signed on a Non-Judicial Rs. 100 Stamp Paper)

PROJECT: CONSULTANCY SERVICES FOR REVISION OF MINISTRY’S


SPECIFICATIONS (FIFTH REVISION, 2013), POCKETBOOK FOR HIGHWAY
ENGINEERS (2ND REVISION, 2002) AND POCKETBOOK FOR BRIDGE
ENGINEERS (1ST REVISION, 2000)

THIS AGREEMENT made on the day of between the President of India acting through the
Director General (Road Development) & Special Secretary, Ministry of Road Transport and
Highways, Government of India, Transport Bhavan, 1, Parliament Street, New Delhi 110001
(hereinafter called the "Employer" which expression shall unless excluded by or repugnant to
the context be deemed to include his successors in office and assign) on THE ONE PART and

<Name and address of the Consultant/Institute> through its authorized representative,


(hereinafter called the "Agency" which expression shall unless the context requires otherwise
include its successors and assigns) OF THE OTHER PART.

WHEREAS the Agency has sent the proposal for revision of Ministry’s Specifications (Fifth
Revision, 2013), Pocketbook for Highway Engineers (2nd revision, 2002) and Pocketbook for
Bridge Engineers (1st revision, 2000) (hereinafter called the "Services") and as fully described in
Terms of Reference appended as Annexure-II) AND WHEREAS THE Agency has agreed to
provide Services on the terms and conditions set forth in this contract

NOW THE PRESENT WITNESSES THAT THE PARTIES HAVE HEREBY


AGREEHERE TO AS FOLLOWS:

ARTICLE-1: GENERAL

1.1 For the purpose of Agreement, the following expression shall have the meaning hereby
assigned to it except where the context otherwise requires:

(a) Employer's representative means "Contract Manager" (refer clause 7.1) or his authorized
representative.

(b) The Agency’s representative for purposes of the Work shall mean the Project Leader (name
of the person) or anyone duly authorized by the agency in writing.

1.2 Date of start shall be reckoned as 30 days from date of issue of notice to start or the actual
date of start of services whichever is earlier.

1.3 Words importing the singular shall also include the Word plural and vice versa where the
Context so requires.

1.4 The headings or marginal notes in this Agreement shall not be deemed to be Part thereof or

53
be taken into consideration in the interpretation or construction hereof or of the contract.

1.5 The documents related to the contract comprise Request for Proposal (RFP), TOR, Signed
Contract Agreement and Sanction Letter.

ARTICLE-2: SCOPE OF WORK

Scope of work: The Agency shall perform the services under this agreement in accordance with
Terms of Reference (TOR) set forth in RFP. The proposal submitted by Agency vide its letter
dated ---------- shall be deemed as part of this contract agreement. In case any conflict between
the provisions mentioned in the Technical Note and the provisions of the contract agreement, the
decision of Contract Manager shall be final and binding on the Agency

ARTICLE-3: TIME SCHEDULE

An Inception Report for the work shall be submitted within 15 days of the date of start of
Service. The Work shall be completed within the time frame given in the TOR.

SCHEDULE OF SERVICES

3.1 Progress of work: If for any reason, which in the opinion of the Employer's
representative does not entitle the Agency to an extension of time or the rate of progress of the
works of any section / item is, at any time too slow to make it impossible for Agency to complete
the study/investigation within the prescribed time or extended time the Employer may notify the
delay to the Agency in Writing and the Agency, shall, thereupon, with the approval of the
Employer, which shall not be unreasonably Withheld, take such steps as are necessary to
expedite progress so as to complete the activity / activities by the prescribed time or extended
time. The Agency shall not be entitled to any additional payment for taking such steps. Such
extension shall be without prejudice to the right of employer to terminate the contract or claim
liquidated damages.

3.2 Liquidated Damages for delay: If the Agency shall fail to complete the work within the
time prescribed in this Agreement or extended time as may be agreed to by the Employer, then
the Agency shall pay to the Employer 1% of the total fees mentioned above for each month's
delay or part thereof (For projects having a time frame of one year or less the penalty shall be
1%of the total fees for each week's delay or part thereof) as liquidated damages for such default
and not as a penalty for all such delay beyond the time of completion mentioned above subject to
the maximum of 10%, provided however, it is made explicitly clear that the payment of such
damage shall not relieve the Agency their obligations and liabilities under this agreement.

ARTICLE- 4: PAYMENT OF REMUNERATION

Payment of remuneration to the Agency: Payment of remuneration for the performance of all
Services related to this Agreement shall amount to. Rs…… only (amount in words) and shall
become payable in stages as mentioned below:

54
Schedule of Payment
Item/Stages Amount to be released (Rs. in Lakhs)
(As per TOR)
All payments as mentioned above should be made to the Agency within 45 days of completion of
activities /submission of report along with utilization certificate in the prescribed format of the
funds released by the Employer. Any delay beyond 45 days shall not be accountable in the
overall completion of the project deadline.

ARTICLE-5: PERSONNEL AND SUB-LETTING

5.1 Personnel:

a) The services shall be carried out by the Agency only through the personnel specified in the
proposal submitted by the Agency. The Agency may, with the approval of the Employer, make
minor adjustment for short periods but such adjustments will not entitle any additional payments.

b) Except as the Employer may otherwise agree, no changes shall be made in the personnel. If
for any reason beyond the reasonable control of the Agency, it becomes necessary to replace any
of the personnel the Agency shall forthwith provide as a replacement, a person of equivalent or
better qualifications after obtaining prior approval of the Employer.

c) In the event that any person specified in the proposal is found by the Employer to be
incompetent in discharging his assigned duties, Employer may request the Agency to forthwith
provide as replacement a person with qualifications and experience acceptable to the Employer.
The Agency shall bear all additional costs arising out of or incidental to any replacement

5.2 Except where otherwise provided elsewhere in the Contract, the Agency shall not assign or
sublet the Services or any part thereof nor engage any independent agency to perform any part of
the services without the prior written consent of the Employer.

5.3 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 on behalf of
the Agency by the Team/Project Leader or his designated representative and on behalf of the
Employer by the Contract Manager or his authorized representative.

5.4 Notice or requests: Any notice or request required or permission to be given or made under
this contract shall be in writing. Such notice or request shall be deemed to be duly given or made
when it shall have been sent / mailed by speed post/registered post/faxed/e-mail with telephonic
intimation or hand delivered to the party to which it is required to be given or made at such party
address specified below or at such other address as either party may specify in writing. All such
notices, or requests, or permissions which have been mailed with telephonic intimation, need to
be sent through normal delivery channels also.

55
For the Employer For the agency
Name: Contract Manager i.e., Name: Team/Project Leader
The Chief Engineer, Standards, Research &
Technology(Bridges)
Ministry of Road Transport and Highways Address:
Campus of Indian Academy for Highway Engineers,
A-5, Sector-62, NOIDA -201301, Uttar Pradesh.
Email: bk.sinha@nic.in Telephone:
Email:

ARTICLE-6 AGENCY'S RESPONSIBILITIES

6.1 The Agency shall carry out the services with due diligence and efficiency and in conformity
to sound, engineering, administrative and financial practices. The Agency shall execute and
complete the work in all respects to the satisfaction of the Employer within the mutually agreed
cost of services and time frame as indicated in the letter of acceptance of the offers and TOR.

6.2 The Agency shall act at all time so as to protect the interest of the Employer and will take all
reasonable steps to keep all expenses to the minimum consistent with sound economic and
engineering practices.

6.3 The Agency shall prepare all reports using the SI System and the latest State of the Art
Report/Practice in the field.

6.4 Quality Assurance: The Agency shall prepare an 'in house' quality assurance plan for the
"Services" and ensure that quality assurance is duly exercised within their organization.

6.4.1 The Agency shall ensure that the reports and recommendations of the project are prepared
on an impartial basis and no particular product or company or trade name is given advantage.
The remuneration of the Agency charged to the Employer according to the agreement shall
constitute his only remuneration in connection with the agreement and neither he nor his
personnel shall accept any trade commission, discount, allowance or other considerations in
connection with or in relation to the Agreement or to the discharge of his obligations there under.
The Agency shall not have the benefit either directly or indirectly of any royalty or of any
gratuity or commission in respect of any patented or protected article or process used on or for
the purpose of the Agreement unless it is mutually agreed to in writing.

6.4.2 The Agency shall furnish brief monthly progress report to the Employer or such
information relating to the Services and the project as the Employer may from time to time
reasonably request.

6.5 Indemnifications: The Agency agrees to indemnify, project and defend the Employer and

56
their agents from and against all actions, claims and liabilities arising out of acts done by the
Agency or the personnel in the performance of this contract including the use of violation of any
copyright works of literacy or intellectual property or patented invention, article or appliance.

6.6 Confidentiality: Except with the prior written consent of the Employer, the Agency and the
personnel shall not at any time communicate to any person or entity any confidential information
disclosed to them for the purpose of the Services or discovered by them in the course of the
Services nor shall the Agency or his personnel make public any information as to their
recommendations formulated in the course of or as a result of the Services. For publishing any
technical paper by the Agency or personnel based on the research findings, prior permission of
the Employer will be sought.

6.7 Prohibition on conflicting activities: No member of the personnel assigned to the contract
shall engage directly or indirectly, either in his name or through the Agency, in any other
business or professional activities other than the performance of his duties or assignment under
and during the currency of this Agreement.

6.8 Proprietary right of the Employer in equipment:

(a) Documents/Equipment purchased by the Employer or by the Agency for the purposes of the
project shall remain at all times the property of the Employer.

(b) Documents/Equipment supplied by the Employer for the project shall be returned by the
Agency in accordance with procedures to be determined by the Employer.

(c) The document/equipment procured by Agency for this work shall be returned once the work
is completed, or otherwise, if permitted by Employer may be retained by the Agency, if so
requested. However, in any case, Agency shall provide the document/equipment as and when
desired by the Employer.

6.9. Proprietary rights of the Employer in reports &records: Interim / final version of the
report submitted to the Employer and all reports and relevant data such as maps, diagrams, plans,
statistics and supporting records or materials compiled or prepared in the course of the services
shall be confidential and shall be the absolute property of the Employer. The Agency shall sort
out and index all such materials and deliver all these materials to the Employer upon completion
of this contract. The Agency may retain a copy of such data but shall not use the same for
purposes unrelated to the contract without prior approval of the Employer. No part of the final
report/documents shall be copied/reproduced/published without consent of the Ministry.

6.10 Insurance
(a) The Agency shall at their costs take out and maintain adequate insurance against Claims
relating to third party liability. The insurance shall also be taken against loss of or damage to
equipment purchased in whole or in part with funds provided by the Employer.

(b) The Employer undertakes no responsibility in respect of any life, health, accident, travel and
other insurance which may be necessary or desirable for the personnel of Agency for the

57
purposes of the services, nor for such members of the family of any such person.

(c) The Agency shall at its own cost obtain insurance to warranty against any errors, omissions
or defects in Agency's reports / recommendations which should be valid up to a period of 3 years
after submission of the final report by the Agency. The insurance should warrant liability of
Agency's services to the Employer and should extend to the full value of the cost of services.

6.10.1Review of progress: The Agency shall be required to attend the office of the Employer to
review progress and receive instructions as and when required by the Employer as the sanctioned
estimate forming part of this estimate or at his own costs. The Agency shall be required to submit
interim reports on works completed as specified here to as financial details of money utilized in
the form of a Utilization Certificate indicating detailed break-up of cost of study vis-a-vis major
items as per contract, which should also include purchase of equipment if any against money so
released by the Employer from time to time.

6.11 Errors in services: The Agency shall verify any inaccuracy / omission in data used for the
services and if any errors are noticed, the agency shall correct the same at its risk and cost
including preparation of fresh reports/ recommendations as may be called for.

6.12 If the capital goods are required for the project from the funds of the Ministry, the agency
shall ensure that the goods / equipments so purchased are the best and procured at a most
economical price and proper transparent procedure is followed. The original documents
pertaining to procurement i.e. bill etc. will be handed over to the Ministry before the last
payment is made.

ARTICLE-7 EMPLOYER'S RESPONSIBILITY

7.1 The Employer shall appoint a "Contract Manager" for the purpose of the contract who shall
be fully authorized to give clearance to all reports and make payments for the services.
Contract Manager for the purposes of this contract shall be The Chief Engineer,
Standards, Research& Technology (Bridges) Ministry of Road Transport & Highways Campus
of Indian Academy for Highway Engineers, A-5, Sector-62, NOIDA -201301, Uttar Pradesh.
Email: bk.sinha@nic.in

7.2 The "Contract Manager" shall accord approval to or ask for clarifications at each stage of the
services within 30 days of submission of report or the clarification thereof. In the event, the
"Contract Manager" does not offer any comments and / or suggest improvements or
modifications within the stipulated time, the implicit approval of the Employer shall be assumed.

7.3 Employer shall ensure payment to the Agency within 45 days of submission of final
reports/phased interim reports / final reports / intimation of completion of activities and
Utilization Certificates, as defined in the Technical Note and or TOR provided the reports are
complete in every respect and duly complied with the Ministry's observations on the draft
reports, if any, and, if applicable.
ARTICLE: 8 VARIATIONS

58
8.1 Variations of contract: The contract may be varied by agreement between the parties. All
such variations, including variations in scope in the time and cost estimate shall be in writing
signed by the duly authorized representatives of the parties. Variations which are natural
extension of services or are essential for completion of services to achieve the objectives outlined
in Technical Note shall not be refused by the Agency.

8.2 The Agency shall submit a detailed break-up of cost of the contract amounts into various
components of the work from the start of the work and the variation shall be priced on the basis
of this break up.

8.3Extension of time: Should the amount of extra or additional work of any kind or any cause of
delay referred to in these conditions or exceptional adverse climatic conditions or other special
circumstances of any kind whatsoever which may occur, other than through a default of the
Agency to an extension of time for the completion of the works. The Employer on application
from the Agency determine the amount of such extension and shall notify the Agency
accordingly provided that the Employer is not bound to take into account any extra or additional
work or the other special circumstances unless the Agency has written 30 days after such work
has been commenced or such circumstances have arisen or as soon thereafter as is practicable,
submitted to the Employer's representative full and detail particulars of any extension of time to
which the Agency may consider its entitlement in order that such submission may be
investigated at that time.

ARTICLE-9 OTHER PROVISIONS

9.1Suspension: If any of the following events shall have happened and be continuing, the
Employer may by written notice to the Agency suspend in whole or in part payments to the
Agency under the contract:

(a) A default shall have occurred in the execution of any terms under the contract on the part of
the Agency.

(b) Any other condition which has arisen and which in the reasonable opinion of Employer,
interferes, threatens to interfere, with the successful carrying out of project or accomplishment of
the purposes of the contract.

9.2Termination of the contract by the Employer:

(a) If any of the following events shall have happened and be continuing, the Employer may by
written notice to the Agency terminate the contract:
i. Any of the condition referred to in the Article 9.1 shall continue for a period of fifteen
days (15) after the Employer shall have given written notice to the Agency of suspension
of the payments to the Agency under the contract;
ii. In the event of the Agency fails to complete the services or abandons the services in-
between or without valid reason fails to commence the services or suspend the services or
assign or sublet the services without prior approval, the Employer may after giving 15
days notice in writing terminate the contract

59
(b) In any event, the Employer may terminate the contract at any time by giving not less than
thirty (30) days’ written notice to the Agency.

9.3 Termination of the contract by the Agency: The Agency shall promptly notify the
Employer in writing of any situation or of the occurrence of any event beyond the reasonable
control of the Agency which makes it impossible to carry out its obligations here under. Upon
confirmation in writing by the Employer of the existence of any such situation or event, or upon
failure of the Employer to respond to such notice within thirty (30) days of receipt, thereof, the
agency shall be relieved from all further liability from the date of such receipt for failure to carry
out such obligations and the Agency may there upon terminate the contract by giving not less
than thirty (30) days of written notice thereof.

9.4 Termination procedure:


(a) Upon termination of the contract under section 9.2, receipt of notice of termination under
section 9.2 or giving the notice of termination under section 9.3,the Agency shall take immediate
steps to terminate the services in a prompt and orderly manner and to reduce losses and to keep
further expenditure to a minimum.

(b) Upon termination of the contract (unless such termination shall have occasioned by the
default of the Agency), the Agency shall be entitled to be reimbursed in full for such costs as
shall have been duly incurred prior to the date of such termination and for reasonable cost
incident to the orderly termination of the services, the return travel of the personnel and the
reshipment of the personal effect and equipment of the Agency, but shall be entitled to receive
no other or further payment.

9.5 Settlement of disputes:

9.5.1 Amicable settlement: The parties shall use their best efforts to settle amicably disputes
arising out of or in connection with this contract or interpretation thereof.

9.5.2 Dispute settlement: Any dispute between the parties as to the matters arising pursuant to
this contract which cannot be settled amicably within 60 days after receipt by one party of the
other party's request for such amicable settlement may be submitted by either party for
settlement by arbitration.

9.5.2.1 Selection of Arbitrators: Each dispute submitted by a party to arbitration shall be heard
by a sole arbitrator only, to be nominated by Director of the Institute undertaking the project with
the consent of DG (RD) of the MORT&H.

9.5.2.2 Rules of Procedure: Arbitration proceedings shall be conducted in accordance with


procedures of the Arbitration and Conciliation Act 1996, of India.
9.5.2.3 Miscellaneous:
(a) The arbitration shall normally be held in Delhi unless otherwise determined by the committee
of arbitrators.
(b) The English language shall be the official language for all purposes. (Note: English language
may be changed to any other language with agreement of both the parties).

60
(c) The decision of the majority of arbitrators shall be final and binding and the Parties hereby
waive any objections to or claims of immunity in respect of such enforcement.

9.6 Force Majeure:

(a) If either party is temporarily unable to by reason of force majeure of the laws or regulations-
of the Government of India to meet any of its obligations under the contract, and if such party
gives to the other party written notice of the event within fifteen (15) days after its occurrence,
such obligations of the party as it is unable to perform by reason of the event shall be suspended
for as long as the inability continues.

(c) The term force majeure as employed herein shall means act of god, strikes, lockouts, or other
industrial disturbances, acts of the public enemy, wars, blockades, insurrection, riots, epidemics,
landslides, earthquakes, storms, lightening, floods, washouts, civil disturbance, explosions, fire
and any other similar events not within the control of either party and by the exercise of due
diligence neither the parties able to overcome.

9.7 Fraudulent and Corrupt Practices:

Fraudulent practice means a misrepresentation or omission of facts or suppression of facts or


disclosure of incomplete facts in order to influence the empanelment process. Corrupt practices
means offering, giving, receiving or soliciting directly or indirectly of anything of value to
influence the actions of any person connected with the empanelment process.
ARTICLE 10: COMPLETION
10.1 The contract shall become effective on the date, notice is given to proceed with the services
and shall be in full force until the services and all payments therefore have been completed and
at such a time a "Completion Certificate" shall be issued by the Employer and the parties hereto
shall be mutually released from all obligations of providing further Services, unless otherwise
specified in this agreement,

IN WITNESS WHEREOF, the parties hereto through their duly authorized representatives have
set their hands and seal the day and year first above written,
SIGNED BY THE SAID ON BEHALF OF THE EMPLOYER
Signature of the Employer's representatives
With name, designation and seal
IN THE PRESENCE OF:
1.
2.
SIGNED BY THE TEAM/PROJECT LEADER ON BEHALF THE AFORESAID AGENCY
Signature of the Agency's representatives
With name, designation and seal
IN THE PRESENCE OF:
1.
2.

61