Beruflich Dokumente
Kultur Dokumente
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
03 / 03 /2016
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
for
Engagement of consultant for the preparation of Housing
For All Plan of Action (HFAPoA) & DPR with Construction
Supervision & Quality Control under PMAY
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
Table of Contents
1.
2.
Disclaimer ............................................................................................................................ 7
3.
4.
5.
6.
7.
7.2.
8.
Introduction ................................................................................................................ 20
8.1.2.
8.1.3.
8.1.4.
Disclosure................................................................................................................ 21
8.1.5.
Anticorruption ......................................................................................................... 22
8.1.6.
8.2.
8.2.2.
8.3.
8.3.2.
8.3.3.
8.3.4.
Partners.................................................................................................................... 23
8.4.
8.5.
8.5.2.
8.5.3.
8.5.4.
8.5.5.
8.5.6.
Taxes ....................................................................................................................... 26
8.5.7.
8.5.8.
8.5.9.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
8.6.2.
8.6.3.
8.7.
Evaluation of Proposals.............................................................................................. 31
8.7.2.
8.7.3.
Clarification of Proposals........................................................................................ 31
8.7.4.
8.7.5.
8.7.6.
8.7.7.
8.7.8.
Clients right to accept any Proposal, and to reject any or all Proposals ................ 33
8.8.
8.8.2.
Negotiations ............................................................................................................ 33
8.8.3.
8.8.4.
8.8.5.
9.
10.
11.
12.
13.
14.
Annexure D: Terms of Reference (ToR) for the engagement of consultant for the
preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction
Supervision & Quality Control under PMAY............................................................................... 42
14.1.
14.2.
14.3.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
14.4.
14.5.
14.8.
15.
15.1.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
15.2.11.
Conflict of Interest............................................................................................... 66
15.2.12.
Insurances ............................................................................................................ 66
15.2.13.
Indemnity............................................................................................................. 66
15.2.14.
15.2.15.
Fees ...................................................................................................................... 66
15.2.16.
15.2.17.
Payments ............................................................................................................. 67
15.2.18.
15.2.19.
Force Majeure...................................................................................................... 67
15.2.20.
15.2.21.
15.2.22.
Variations ............................................................................................................ 69
15.2.23.
Assignment .......................................................................................................... 69
15.2.24.
15.2.25.
15.2.26.
15.2.27.
15.3.
15.5.
15.7.
15.8.
15.9.
15.10.
16.
17.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
Disclaimer
The information contained in this Request for Proposal (RfP) document or subsequently provided
to bidders, whether verbally or in documentary or any other form by or on behalf of Nagar
Parishad Khachrod, is provided to bidder on the terms and conditions set out in this RfP and such
other terms and conditions subject to which such information is provided.
This RfP is not an agreement and is neither an offer nor invitation by Nagar Parishad Khachrod,
to the prospective bidders or any other person. The purpose of this RfP is to provide interested
firms with information that may be useful to them in the formulation of their Proposals pursuant
to this RfP.
Information provided in this RfP to the bidders is on a wide range of matters, some of which
depends upon interpretation of law. The information given is not an exhaustive account of
statutory requirements and should not be regarded as a complete or authoritative statement of law.
The Nagar Parishad Khachrod, accepts no responsibility for the accuracy or otherwise for any
interpretation or opinion on the law expressed herein.
Nagar Parishad Khachrod, also accepts no liability of any nature whether resulting from
negligence or otherwise however caused arising from reliance of any bidder upon the statements
contained in this RfP.
Nagar Parishad Khachrod, may in its absolute discretion, but without being under any obligation
to do so, update, amend or supplement the information, assessment or assumption contained in
this RfP.
The issue of this RfP does not imply that Nagar Parishad Khachrod, is bound to select a bidder or
to appoint the Selected Bidder, as the case may be, for the Consultancy and Nagar Parishad
Khachrod, reserves the right to reject all or any of the Proposals without assigning any reasons
whatsoever.
The bidder shall bear all its costs associated with or relating to the preparation and submission of
its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by Nagar Parishad
Khachrod, or any other costs incurred in connection with or relating to its Proposal. All such costs
and expenses will remain with the bidder and Nagar Parishad Khachrod, shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses incurred by an bidder in
preparation or submission of the Proposal, regardless of the conduct or outcome of the Selection
Process.
Online Three envelope system shall be followed, but bidder have to submit two envelopes
physically also i.e.
Envelop A:
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
o EMD,
o Affidavit,
o Authority Letter to Sign on behalf of Consultant and
o Authority Letter for use of Digital Signature.
Envelop B: Technical Bid.
Note:
Please note that in any case if price-bid/Financial Offer submitted manually then bid
shall be rejected.
Only those proposals will be considered for Opening, who have submitted their BID
online as well as in physical form.
The following checklist is for the convenience of the bidders. Kindly check the following points
before submitting the bids.
Checkbox
(please tick)
Checklist
1. Whether the proposals have been properly sealed, marked and
labeled as required?
2. Have you submitted Envelop-A & Envelop-B (Physically as well
as online) & Financial Proposal Only Online?
3. Whether the proposal has been signed by concerned authority?
4. In case of Joint Ventures/Associations/Consortium, whether
signed in original by duly authorized representatives of each
partner with details of each signatory on a Rs. 1,000 Non Judicial
stamp paper? (clearly mentioned the Name of Lead Partners in JV
/ Associations / Consortium)
5. Whether submitted number of copies as prescribed in the data
sheet?
6. Whether submitted the soft copy of the technical proposals on eProcurement Portal?
7. Whether Company Registration & associated Documents are
enclosed (Envelop-B)?
8. Whether copy of Service Tax Registration is enclosed with
Technical Proposal (Envelope-B). In case of JV / Associations /
Consortium, copy of Service Tax Registration all the partners
firms should be enclosed?
9. Have you enclosed the DD for EMD in Envelop-A?
10. Whether the EMD drawn on a Scheduled bank?
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
11. Have all the pages of proposal been signed by authority only?
12. Have all the CVs Signed by concerned person himself and
properly authorized?
13. Is the CV submitted according to the format given?
14. Have you checked the Eligibility Criteria & Enclosed the relevant
documents as proof?
15. Whether the number of pages of the proposal properly indexed
16. Whether undertaking as prescribed in Section-8 & any Other as
per RfP is enclosed with technical proposal?
17. Whether original copy of JV agreement / Association /
Consortium is enclosed with the technical proposal?
18. Whether authority letter for signing the proposal is enclosed with
the technical proposal?
19. Whether name of cluster has been mentioned clearly on the outer
envelope?
20. Whether evidence of financial eligibility enclosed with Technical
Proposal?
21. Whether Work Program/ Personnel Schedule/ Team Structure are
enclosed with Technical Proposal (Envelope-B)?
22. Whether Methodology & Innovativeness are enclosed with
Technical Proposal (Envelope-B)?
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
Letter of Invitation
2.
3.
4.
5.
6.
Email cmokhachrod@mpurban.gov.in
Tel no 07366-231030
609 / PMAY/Khachrod/2016
Date: 03 / 03 /2016
The Nagar Parishad Khachrod (hereinafter the Recipient) intends to receive grant from
MoHUPA, GoI and State Government under Pradhan Mantri Awas Yojana (PMAY) Housing For All 2022 (Urban) Mission to address the housing requirement of urban poor
including slum dwellers residing in Nagar Parishad Khachrod
The Nagar Parishad Khachrod(hereinafter the Client) now invites online proposals to
provide the following consulting services: Consultancy for the preparation of Housing
For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under PMAY.
a) Further details of the services requested are provided in the Terms of Reference (ToR)
at Annexure D.
b) All information contained in this proposal should be treated as commercially
confidential and you are required to limit dissemination on a need-to-know basis.
c) A firm shall be selected under Quality and Cost Based Selection (QCBS) and
procedures described in this RfP, in accordance with the procurement guidelines of the
GoMP.
The RfP includes the following documents:
a) Letter of Invitation
b) Data Sheet and Instructions to Consultant, see Annexure A
c) Technical Proposal, for Standard Forms see Annexure B
d) Financial Proposal, for Standard Forms see Annexure C (Only Online Submission)
e) Terms of Reference (ToR), see Annexure D
f) Standard Contract Document, see Annexure E
Please note that while all the information and data regarding this RfP is, to the best of the
Clients knowledge, accurate within the considerations of scope of the proposed contract,
the Client holds no responsibility for the accuracy of this information and it is the
responsibility of the Consultant to check the validity of data included in this document.
Firms intending to submit bids and sought any clarifications should inform the Clients
representative in writing or electronically not later than the date indicated for submission of
clarifications in BDS.
Proposals will be evaluated technically and the financial bids of the qualifying firms will be
opened following the QCBS procedure.
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Control under Pradhan Mantri Awas Yojana - Housing For All 2022
Key Dates
Purchase of Tender
Start Date:
04-03-2016
26-03-2016
30-03-2016
Technical Proposal
(Envelope B) Open
Date:
02-02-2016
10:00
17:30
17:30
10:01
17:30
Mandatory Submission
(Envelope A) Open Date:
02-04-2016
04-04-2016
10:00
10:02
Note: The above Key Dates are indicative, Nagar Parishad Khachrod shall change the Key Dates as
per their requirements. In case of any amendment, the responsibility lies with the bidder to visit
www.mpeproc.gov.in regularly and Nagar Parishad Khachrod shall have no responsibility for any
delay/omission on part of the bidder.
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Control under Pradhan Mantri Awas Yojana - Housing For All 2022
Note: Following conditions will over-rule the conditions stated in the tender documents, wherever
relevant and applicable.
E-Tendering :
If bidder is bidding first time for e tendering, then it is obligatory on the part of bidder to
fulfill all formalities such as registration, obtaining Digital Signature Certificate etc. well in
advance.
Bidders are requested to visit our e-tendering website regularly for any clarifications and/or
due date extension or corrigendum.
Nagar Parishad Khachrod, shall not be responsible in any way for delay / difficulties /
inaccessibility of the downloading facility from the website for any reason whatsoever.
For any type of clarifications bidders/contractors can visit www.mpeproc.gov.in and held
desk contract No. 18002748484 and 18002745454.
Interested bidders may attend the free training program in Bhopal at their own cost. For
further query please contact help desk.
The bidder who so ever is submitting the tender by his Digital Signature Certificate shall
invariably upload the scanned copy of the authority letter as well as submit the copy of
the same in physical form with the offer of this tender.
Apart from uploading e-tender on website, bidder has to submit separate envelopes of
1.
2.
Affidavit in Envelop-A,
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
3.
4.
5.
Envelop-A & Envelop-B are to be kept in one sealed envelope in physical form (as well as all the
3 Envelops must be submitted Online, the third envelope refers to financial proposal which has to
be submitted online only). This envelope should be properly super scribed that this envelope
contains 2 envelops of EMD and Technical bid against respective tender with due date & time of
tender opening as per Bid-Data Sheet/Key Dates. This envelope should be submitted physically
till date of submission and opening against each tender (as per Key Schedule). Tenders received
within specified time (e-tender as well as physical submission) shall only be opened on the
date/time specified in presence of the bidders or their authorized representatives, whosoever may
be present.
The prospective bidders will upload scanned self-certified copies of requisite documents as
required in e-tendering process.
The Bid in physical form shall be accepted upto 30-Mar-2016 17:30 hrs. The same may be
dropped in the office of the undersigned.
1. Those physically submitted documents will be acceptable and considered, if, same are
uploaded on the website alongwith tender offer. Cognizance of other physically submitted
documents (if any) shall not be taken.
2. The physically submitted envelope of documents will be opened first. The tenders received
without pre-requisite EMD and tender cost shall be returned unopened to the respective
bidder. The tender documents fees shall not be refunded.
Earnest Money Deposit and the tender fee:
The Tender fee of Rs 5,000/- (Rs. Five Thousand Only) is to be submitted by bidder by
making Online Payment only against RfP No: ______.
The EMD of Rs 25,000/ (Rs. Twenty Five Thousand Only) is to be submitted by bidder
only in the form of bank draft drawn in favour of Chief Municipal Officer, Nagar
Parishad Khachrod,. The DD of EMD shall be physically submitted in a sealed
Envelope-A super scribing EMD of Rs. 25,000 (Rs. Twenty Five Thousand Only) in
the form of DD against RfP No: ______. The EMD must be submitted in Envelop-A.
No Proposal will be accepted without valid earnest money deposit and Tender Document
fee paid Online.
Any mismatch, if found in the documents submitted in physical form and that
uploaded online, the documents submitted ONLINE shall be considered final and no
justification regarding this shall be entertained by Nagar Parishad Khachrod,.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
Hard copies of above technical offer, (uploaded in the website) must be submitted in a
separate sealed envelope supers scribing Envelop-B technical bid for RfP No:
________ as prescribed in Bid-Data Sheet. Only those physically submitted documents
regarding technical bids shall be acceptable and considered, if, same are uploaded in the
website along with the Financial bid to be submitted only online.
Price bid:- Bidder must submit the Price bid document as per the format given in RfP/available
Online and uploaded as per instructions therein. Physical submission of price bid will not be
considered. The price of technically qualified bidder shall be opened online at the notified date.
The bidder can view the price bid opening date by logging into web-site.
On the due date of e-tender opening, the technical bid of bidders and EMD and tender fee,
will be opened online. Chief Municipal Officer, Nagar Parishad Khachrod, reserves
the right for extension of due date of opening of technical bid.
Chief Municipal Officer, Nagar Parishad Khachrod, reserves the right to accept or
reject any or all tenders without assigning any reason what so ever.
In case, due date for Physical submission & opening of tender happens to be a holiday, the
due date shall be shifted to the next working day for which no prior intimation will be
given.
Any change/modifications/alteration in the RfP by the Bidder shall not be allowed and
such tender shall be liable for rejection.
For amendment, if any, please visit www.mpeproc.gov.in web site regularly. In case of any bid
amendment and clarification, the responsibility lies with the bidders to note the same from web
site of Nagar Parishad Khachrod,. Nagar Parishad Khachrod, shall have no responsibility
for any delay/omission on part of the bidder.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
a.
2.
Title of Consulting Service is: Consultancy for the preparation of Housing For All
Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under PMAY.
3.
4.
5.
The Cost of Tender Document/RfP is Rs. 5,000/- (Rs. Five Thousand) which should
be paid online as per Key Dates.
6.
7.
8.
Proposals must remain valid for 180 days after the submission date indicated in this
Data Sheet.
9.
10.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
11.
12.
13.
Bidders must submit the Technical Presentation with Technical Proposal. It shall
include a brief of current assignment, its experience in similar assignments,
approach and methodology, consultants work plan/details of key professionals,
innovative ideas for undertaking the present assignment, etc.
Note: Only the Team Leader shall make the Technical presentation (Only on Client's
request). All the proposed key professionals of the entire team of the Consultant
must be presented to the Client before issue of Letter of Acceptance work order,
failing which the work order will not be issued.
14.
The Consultant must submit the original and two copies (hard copy) of the Technical
Proposal (in Envelop-B) physically as well as submit same proposal in soft copy at
www.mpeproc.gov.in (in PDF format) in envelope-B.
Financial Proposal must be submit online in Envelop-C.
Note: If financial bid submitted manually than bid may be rejected.
15.
The Consultant must submit a soft copy of the Technical Proposal online and
Original EMD along with other relevant document & Technical Proposal in their
respective sealed envelopes (i.e. Envelope-A & Envelop-B).
The Financial Proposal to be submit online only in Envelop-C
16.
Physical Submission: For each Bid (refer letter of invitation) Technical Proposals are
to be submitted in sealed Envelop-B and DD of EMD along with other relevant
documents shall be put in Envelop-A. Then both the envelopes should be put in a
single wax sealed envelope.
Online Submission: Scanned copy of Technical Proposal must be submit Online in
Envelop-B and DD of EMD along with other relevant documents must be submit in
Envelop-A.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
17.
18.
19.
If Yes, the amount of the Bid Security is Rs. 25,000 (Twenty Five Thousand Only)
(for each cluster) and the duration for validity of Bid Security is 90 days.
20.
Format for Bid Security will be: DD of EMD favouring the Chief Municipal
Officer, Nagar Parishad Khachrod, and made/drawn on a Scheduled Bank payable
at Khachrod Distt Ujjain. It should be put in Envelop-A as well as scanned copy to
be submit online.
21.
22.
If yes, the amount will be 5% of the contract value; this may be provided as 100%
Bank Guarantee. Bank Guarantee will be made in the name of: Chief Municipal
Officer, Nagar Parishad Khachrod, and drawn on a Scheduled Bank. Bank
Guarantee should be obtained from a Schedule Bank in the format provided in
Section 7 of Standard Contract Document in Annexure E to this RfP and is to be
submitted by the winning Bidder only upon signing of Contract. The validity of the
bank guarantee shall last till six months after the completion of the project.
23.
24.
Proposals must be submitted no later than the following date and time: As per key
dates.
25.
26.
27.
Expected date for public opening of Financial Proposals (if applicable): [To be
notified]
28.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
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29.
30.
b.
S. No.
1
1.1
1.2
2
3
4
4.1
4.2
4.3
4.4
5
5.1
5.2
5.2.1
5.2.2
5.2.3
5.2.4
5.2.5
5.2.6
5.2.7
5.2.8
5.2.9
6
Criterion
Specific Experience of consultant related to the present assignment
Preparation of Slum Free City Plan of Action / Housing For All Plan of
Action
Preparation of Detailed Project Report for Housing and Basic Services
for Urban Poor under PMAY/RAY/BSUP/IHSDP
PMC/Supervision Quality Control of RAY/BSUP/IHSDP
Experience of Similar Projects in the region, i.e. Madhya Pradesh
Approach and Methodology
Innovativeness of comments on TOR
Personnel schedule/team structure
Proposal presentation
Methodology and Work Plan
Personnel (CVs)*
Team leader
Other experts
Building Technology cum Engineering Specialist
Housing Finance and PPP Expert
Senior Architect
Social Development and Rehabilitation and Resettlement Expert
GIS Expert
Quality Control Engineer
Q.C. Lab Technicians
Field Engineer
Community Development Assistants
Technical Presentation (ppt.)
Total
Score
(QCBS)
200
100
100
100
50
150
20
40
40
50
400#
100
300
40
40
40
40
20
40
30
20
30
100
1000
*The Technical Proposal must include an undertaking by the bidder (lead firm in case of
consortium/association and both bidders in case of JV) stating that none of the Consultant
proposed in the present proposal have been demobilized for poor/unsatisfactory performance from
any project during the last three years. The undertaking must be a separate document and forms
an indispensable part of the Technical Proposal.
* Any bidder which proposes to use a consultant who is already committed on any other Nagar
Parishad Khachrod, project/contract and whose deployment on the new contract would be in
conflict with the working of any existing contract shall be scored zero against that position.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
The Consultant shall submit the details of full team while submitting the bids and no changes in
key professionals during implementation of the assignment is allowed. However, in case of
exigencies like health reasons, the changes in key professionals will be admissible provided they
are equivalent or better than the original CVs, in which case, one time penalty of Rs.10,000 for
the first change, Rs. 20,000 for the second change and Rs. 40,000 thereafter.
Note: In order to considered the Bid Responsive bidder must fulfill all conditions listed above,
where applicable.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
Instructions to Consultant
1.
a.
Introduction
2.
3.
1.
ii.
Eligible
Consultants
2.
3.
4.
1.
iii.
Conflict
Interest
of
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
1.
iv.
Disclosure
2.
3.
the
bidding
Consultant
(individuals
and
organisations); (ii) the successor to a previous
assignment executed by the bidding Consultant (e.g.
implementation of a project for which the Consultant
has conducted a feasibility assessment) ; (iii)
conflicting assignments, typically monitoring and
evaluation/environmental
assessment
by
the
implementation Consultant; (iv) Consultants,
suppliers or contractors who are filling, or whose
personnel or relatives are filling a post with Nagar
Parishad Khachrod, e.g. advisory role, team leader;
(v) Consultants, suppliers or contractors (individuals
and organisations) who have a business or family
relation with a Client staff member directly or
indirectly involved in the preparation of the ToR,
specifications, related recruitment or supervision, and
(vi) practices prohibited under the anticorruption
policy of the GoI, GoMP, UAD and Nagar Parishad
Khachrod,.
Consultants have an obligation to disclose any actual
or potential conflict of interest. Failure to do so may
lead to disqualification of the Consultant or
termination of its Contract.
Consultants must disclose if they are or have been the
subject of any proceedings (such as blacklisting) or
other arrangements relating to bankruptcy,
insolvency or the financial standing of the
Consultant, including but not limited to appointment
of any officer such as a receiver in relation to the
Consultants personal or business matters or an
arrangement with creditors, or of any other similar
proceedings.
Consultants must disclose if they or any of their subconsultants have been convicted of, or are the subject
of any proceedings relating to:
a) a criminal offence or other serious offence
involving the activities of a criminal organisation,
or where they have been found by any regulator
or professional body to have committed
professional misconduct;
corruption including the offer or receipt of an
inducement of any kind in relation to obtaining any
contract, with Nagar Parishad Khachrod, any other
donor of development funding, or any contracting
authority;
failure to fulfil any obligations in any jurisdiction
relating to the payment of taxes or social security
contributions.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
1.
v.
Anticorruption
vi.
Only
Proposal
1.
one
1.
b.
Clarification
of
RfP
Documents
1.
ii.
Amendment of
RfP
2.
documents
3.
1.
c.
Preparation
of Proposals
Language of
Proposals
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
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1.
ii.
iii.
iv.
Partners
1.
d.
Full-time
employees
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
e.
Instructions
for
submission of 2.
Proposal
1.
ii.
Documents
comprising the
Proposal
2.
1.
iii.
Technical
Proposal (see
Annexure B)
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1.
iv.
Financial
Proposal (see
Annexure C)
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2.
3.
1.
v.
Submission
instructions
2.
3.
4.
1.
vi.
Taxes
vii.
Proposal Fees
viii.
Currency
of
the Proposal
1.
ix.
Documents
establishing
the eligibility
1.
1.
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of
the
Consultant
1.
x.
Proposal
validity
2.
3.
4.
1.
xi.
Format
and
signing
of
Proposals
2.
3.
4.
5.
6.
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8.
1.
xii.
Sealing and
marking
of
Proposals
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2.
1.
xiii.
Deadline for
submission of
Proposals
2.
3.
1.
xiv.
Late Proposals
1.
xv.
Withdrawal of
Proposals
2.
3.
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1.
f.
Opening
Proposals
of
1.
ii.
Opening
Technical
Proposals
of
2.
3.
4.
5.
1.
iii.
Opening of
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Financial
Proposals
2.
3.
4.
5.
6.
1.
g.
Evaluation of
Proposals
1.
ii.
Undue
influence
iii.
Clarification
of Proposals
1.
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1.
iv.
Nonconformities,
Errors and
omissions
2.
3.
1.
v.
Evaluation of
Technical
Proposals
vi.
Qualification
of Technical
Proposals
1.
1.
vii.
Evaluation of
Financial
Proposals
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viii.
Clients right
to accept any
Proposal, and
to reject any
or
all
Proposals
1.
1.
h.
Award
of
Contract
Notification
2.
1.
ii.
Negotiations
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2.
3.
1.
iii.
Availability of
2.
personnel
3.
1.
iv.
Signing of
Contract
2.
3.
1.
v.
Start date
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[Location, Date]
To:
[Name and address of Client]
E mail id:----------------------------------------
1
2
If applicable
[Delete in case no association or Joint Venture is proposed]
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a.
Note: Affidavit duly notarized in original shall reach the Office of Chief Municipal Officer,
Nagar Parishad Khachrod, District Ujjain, Madhya Pradesh as per Physical Submission Date
mentioned in the Key-Dates.
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10
Assignment name:
Country:
Name of Client:
Address of Client:
Name of Firm:
Authorized Signatory
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11
NAME:
DATE OF BIRTH:
NATIONALITY:
EDUCATION:
[year]
[description]
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12
Employment
Mo. of
Education /
CV
Name of
Status with
Year of
Firm
Position
Task
Degree
Signature
the
Firm (Fullrelevant
Acronym Assigned Assigned
(Year /
by (Expert
Consultant
Time or
Project
Institution)
/ Other)
Other)
Experience
Authorized Signatory
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Control under Pradhan Mantri Awas Yojana - Housing For All 2022
Project Title: Consultancy for preparation of Housing For All Plan of Action (HFAPoA) &
DPR with Construction Supervision & Quality Control in Nagar Parishad Khachrod, under
PMAY
S
No
Amount
(In
Figures)4
Description
Amount
(In words)
Not exceeding the Cost ceiling for various activities of SFCPoA & Maximum % rate for DPR preparation proposed
under RAY by GoI.
5
It includes all the activities mentioned in the Flow Chart indicated in Para 8.7 of the HFA (Urban) scheme
guidelines for preparation of HFAPoA. The activities will also include:
Door to door slum/non-slum survey including printing of forms, canvassing, etc.
Data entry of slum and non-slum survey, data verification, cleaning and scrutinization, compilation and
collation.
Assessment of Urban Poor Status in slums and non-slums.
Devising development options for beneficiaries for verticals of the mission.
Implementation methodology.
Formulation of financial plan.
Engagement of consultant with community for survey and preparation of HFAPoA as well as discussion
with local representative including MLAs and MPs to factor in their views in the HFAPoA.
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Rs. 14 Lakh for cities with population between 1-5 Lakh and
Rs. 7 Lakh for cities with population less than 1 Lakh.
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14
a.
b.
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The detailed activities to be carried out under this scope of work are as follows:
c.
i.
Initiate Demand Survey: The environment for the survey needs to be created
through suitable means and in consultation with all concerned stakeholders like
elected representatives, NGOs, CBOs, etc to explain the objective of the demand
survey.
ii.
Pilot Survey: Before starting the demand survey, the Consultants will prepare a
prioritized list of zones/wards in close consultation with officials of ULB. On the
basis of prioritized list, consultant will conduct pilot demand survey in one zone/ward
(Pilot zone/ward must include Slum and Non-Slum Beneficiaries) which is prioritized
as per consultation with the CMO/Nodal Officer of the ULB. The pilot will include
but is not limited to peer and cognitive (including language) pre tests of all
instruments, and piloting the assignment of identification numbers, interviews, quality
assurance, survey administration and data management tasks. The Consultant will
provide a report on findings and recommended changes and will agree with ULB on
any refinements to the survey method and instruments.
iii.
Survey training: Subject to agreement with ULB on the content and programme, the
Consultants will develop survey administration protocols, training design and
guidelines/manuals, and after review and approval of these by the ULB, will provide
training for field surveyors in the specific methods to be employed for all survey
components. The training will also include selected participants from the ULB and/or
the District Urban Development Agency (DUDA).
iv.
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v.
Consultants will collect the list of notified slums from the ULB and will also identify
new slum(s) if any as per the guidelines of PMAY and conduct demand survey in
Slums. In addition, consultant will device suitable means in consultation with the
CMO/Nodal Officer of the ULB to conduct demand survey for identification of nonslum urban poor in need of housing.
vi.
vii.
The Consultant will provide field supervision, quality control of the conduct of the
survey and daily field checks of data completion and consistency will be provided to a
standard to be agreed with ULB.
viii.
ix.
Data Entry, Data Compilation, Verification and Validation: Data entry, data
compilation, collation and analysis processes will take place simultaneously at the
ward / zone level for all the information generated in the demand surveys. In this way,
standard routine checks can be easily conducted. Any errors found can then be dealt
with while the survey is in progress in the field. Data entry should be carried out as
per MIS format suggested by UADD and ULB. After data entry of the survey and
compilation of the information it should be presented before the community, for
ratification to ensure that no households are left out in the survey process and the data
collected is accurate.
d.
i.
After getting the List of Identified Slums from MC, Consultants shall carry out review
of Slum Free City Plan of Action and shall assist MC in validating list of slums and
information there in required for preparation of Housing for All Plan of Action.
ii.
The Consultants shall carry out review of Tenability Analysis carried out under
SFCPoA and revise the list of Tenable and Un-tenable Slums
iii.
Consultant shall carry out following analysis on tenable slums based on the data
available in SFCPoA and other data provided by MC
Location, no of eligible slum dwellers, area of slum land
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v.
The Financially viable slums (after considering additional FSI/FAR, TDR etc. &
other incentives at States/ULB level) will be identified for development under
programme vertical of In-situ Slum Redevelopment using land as a resource and will
be phased for implementation during Mission Period (2015-2022)
vi.
Consultant shall analyze Non-Viable slums and Un-tenable slums if they can be
implemented under any other Slum Rehabilitation Strategy and Programme Verticals
vii.
Consultants shall assign each slum (Tenable and Un-tenable) with implementation
strategy among various programme verticals identified in the Pradhan Mantri Awas
Yojana Scheme Guidelines
viii.
ix.
Consultant shall broadly estimate fund requirement for Rehabilitation of each Slum
and Affordable Housing Projects under various programme Verticals
x.
While estimating fund requirements Consultant shall ascertain that each EWS/Slum
Household shall get up to 30 Sqm Carpet Area with basic civic infrastructure (water,
sanitation, sewerage, road, electricity, transit accommodation during implementation
etc)
xi.
Consultant after ascertaining PPP Potential of the slum/housing project, Central Govt
grants for programme vertical, Grants from state govt, beneficiaries contribution
expected, MCs internal Financial Capability and other Financial Resources shall carry
out phasing and implementation plan for the Mission Period (2015-2022)
xii.
Consultant shall assist MC in preparing First Year Annual Implementation Plan (AIP)
based on the Priority of Implementation and availability of Financial Resources. The
First Year Annual Implementation Plan (AIP) will be part of HFAPoA Report
xiii.
xiv.
xv.
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xvi.
The Revised Draft HFAPoA Report will be sent to State Government for approval
under Pradhan Mantri Awas Yojana.
xvii.
During the appraisal and approval process of the HFAPoA consultant shall assist MC
in various presentations and meeting at both State and Central Government
Departments.
xviii.
Study of Documents, Maps and Reports related to the Housing and Urban Poverty
including Slum Free City Plan of Action under RAY, City Development Plans under
JnNURM, Statutory Development Plan, Detailed Project Report for the Housing and
Urban Poverty which have been prepared, proposed, under implementation projects
and implemented projects
xix.
Preparation of Housing for All Plan of Action based on data available in SFCPoA
under RAY
xx.
Carrying out Analysis for assigning strategies from among the programme verticals
and for determining implementation model for each Identified Slum and Housing
Projects
xxi.
xxii.
e.
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FGD report should also cover all the following points along with details as
suggested by the ULB officials:
o Percentage of road length not covered with pucca drains,
o Percentage length of roads which are not pucca,
o Percentage length of roads without street lights,
o Percentage of households not covered with piped water supply,
o Number of hours water supply per day,
o Percentage of households not covered with toilets, and
o Percentage of households without solid waste collection.
Soil Profile: Soil types/characteristics (porosity, permeability, etc.), Soil
status, water, drainage, moisture retention and nutrient status (nitrogen,
phosphorous and potassium-NPK) and other required in context of Model (G,
G+1, G+2, etc) to be proposed shall be review.
Collection and review of data on Environmental Profile like Rainfall,
Temperature, etc. and Surface and Ground Water Quality Profile.
Collection of data on Ecological Profile like Green Belt, Forest Areas (Flora,
Fauna, etc.), Chote Jhar Ka Jungle, etc and Aquatic Ecology presence of
Surface Water shall also be review in context of proposed site.
Topography/Geology Study of Proposed Site and Socio-Economic profile to
review the demographic character and Economic activities shall also be
incorporated.
Gas emission: Consultant must examine whether any hazardous Gas emission
units like Industrial or Commercial or Transportation or Waste Recycle are
nearby the Proposed Site.
Review the Infrastructure available at the proposed site such as Water
Supply (sustained quantity & quality), Sewerage and Sanitation, Solid Waste
Management etc.
Besides above if any other issue is raised by the GoI/State while technical appraisal of
the DPR, then consultant must support the ULB in preparation of the compliances
w.r.t. to the objection/comment raised by the GoI/State and post quality monitoring
report too.
i.
Inception Stage
After Preparation of Housing for All Plan of Action and Feasibility Study, the
Consultants shall proceed to prepare Detailed Project Report for Identified
Slums/Housing Projects as per the PMAY Scheme Guidelines circulated by
MoHUPA.
This task will consist of:
In the Initial Meeting with the Municipal Officers consultant shall effect
agreement on Scope and Components of the Projects.
The consultant shall conduct topographical (ground) survey, of the Project Sites
using Total Station.
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ii.
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
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iii.
iv.
f.
Task-4 Supervision
Development
during
Project
Construction
and
Consultant must ensure quality control through enforcement of technical standards and
quality control requirements through regular testing, close supervision and inspection.
The quality management functions shall include the following:
a)
b) Ensuring that:
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c)
The Consultant shall be responsible to supervise routine tests for quality control
required to be conducted on a day to day basis, adequately equipped Field Laboratory is
set-up by Construction Contractor and maintain an Field Laboratory will be manned
by suitably trained personnel in material testing and quality control works.
Special or sophisticated tests, may be outsourced, to approved National
Accreditation Board for Laboratories (NABL) accredited Test Laboratories or Higher
Technical (academic) Institutes or Research Laboratories.
Consultant must continuously inspect the work in progress to ensure Quality control
that it is in line with the project scope and with an effective quality control
programme which includes specified standards and service requirements. Consultant
shall be responsible for overall quality of works to be implemented through contractor
or beneficiaries themselves.
Consultant must ensure the Construction Contractor has Provided the following:
1.
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i.
ii.
1.
Administrative Issues
1.
2.
3.
4.
5.
6.
2.
Technical Issues
1.
2.
3.
4.
5.
6.
iii.
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iv.
v.
vi.
Document Control
All the tests and field checks are to be carried out as per the applicable quality control
requirements. The tests are carried out by the contractor in supervision of consultant,
who will designate (Engineer) a laboratory-in-charge authorized to sign test reports
for him. The witnessing officer will sign the reports and put his name and designation.
The flow of test report documentation shall generally be as follows:
i) Test reports shall be submitted by the consultant & contractor to the ULB.
ii) ULB representative shall issue a Conformance/Non-Conformance Report (CNC
Report) to the contractor after review of test results.
iii) The CNC report shall be entered in the Test Report Log by the contractor at the
site. The details of input materials will be recorded in the Material Register. The
contractor shall maintain all test records properly.
iv) Other approvals given to the contractor will be recorded in the daily logs of the
contractor which should form part of the contractors monthly report.
v) Hindrance during execution if any shall be recorded in Hindrance register.
Similar procedures shall be followed for the transmittal and review of test reports for
tests performed at outside laboratories, for manufacturers certificates, and for third
party inspection reports.
1.
Tracking of Instructions
During the process of construction, different agencies are expected to conduct site
visits and instruct the contractor to ensure quality and timely construction within the
costs to the extent possible. The multiplicity of agencies is a special feature of the
project sanctioned under PMAY. Hence there may be some ambiguity in the
instruction flow if these are not transmitted and recorded properly.
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All the instructions to the contractor shall flow through the Consultant and ULB. The
instructions are of the following types:
1. All instructions related to the contract administration including approval of the
contract variation orders, time extensions, notices related to rate of progress etc. to be
issued by Implementing agency.
2. The instructions regarding quality, testing, monitoring and work scheduling can be
issued by the Consultant, State quality monitors and representatives of implementing
agencies also. In case of conflict of instructions of the in these matters, the
instructions of the Implementing Agency would prevail.
3. Instructions issued during site visits or inspections of the various agencies, which
are normally recorded in the contractors Site Order Book and
4. Instructions issued during review meetings in the form of minutes, letters, etc.
All instructions noted above are to be recorded by the Consultant as well as
Contractor in the Instruction Log. Instructions also include notices of rejection of
work inspected because it was found to be non-conforming to requirements and which
has to be redone or rectified.
2.
3.
Correspondence Control
Out-going letters (including transmittal letters and notes) originating from various
organizations involved in the Project (Implementing agency, contractors,
manufacturers, etc.) shall be signed only by the designated project executive of that
ULB.
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All letters should have a reference code and number, and should refer to a single
subject only, which shall be clearly stated on top of the letter, after the recipients
address. All outgoing letters should be numbered sequentially. All replies should refer
to the originators reference code and number and subject.
Incoming correspondence should be stamped and dated, and preferably given an
internal reference code and number. All incoming and outgoing correspondence
should be logged chronologically, either in computer correspondence registers or in
manual correspondence logs.
Copies of outgoing correspondence and originals of incoming should be filed in
chronological files at the document center of each project organization. There should
be only one chronological file for all outgoing correspondence. Regarding incoming
correspondence, there could be more than one chronological file, based on the volume
of correspondence expected to be received from project related organizations (for
example Implementing agency can maintain separate incoming chronological files for
each contractor, etc.)
g.
b.
S.
Report
No.
1 Inception
Report 10 Days
and Pilot Demand
Survey
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S.
Report
No.
Time Period
100%
Demand 20 days
Survey and Draft
HFAPoA as per
PMAY guidelines
Final
HFAPoA 20 days
(incorporating
suggestions of all
the
stakeholders'
and Nagar Parishad
Khachrod and Draft
DPR as per PMAY
guidelines
Contents
Demand Survey of Pilot Zone/Ward (must
include Slum and Non-Slum Beneficiaries) and
summary report of findings of Pilot Demand
Survey including any changes proposed in the
questionnaire and survey method.
Status report on effectiveness of policies,
programmes & projects related to slum
development and housing prepared.
Any issues arising.
At this stage 100% demand survey of all slum
dwellers as well as non-slum (other urban poor
both EWS and LIG) beneficiaries will be
complete.
Validate and data entry of demand survey for
preparation of HFAPoA.
Study of available relevant records including
maps/secondary information for preparation of
HFAPoA.
Housing supply trends for all the urban poor
along with quantitative and qualitative
assessment of rental housing market and
existing/future Housing shortage.
Policy Reforms on the demand/supply side
especially for improving credit linkages for the
urban poor.
Analysis of demand survey along with the
interventions selected out of four verticals of
the mission for preparation of HFAPoA.
Identification of Land for projects proposed in
HFAPoA.
Financing strategy must be proposed by the
consultant with reference to the Total
Investment required for implementation of
HFAPoA and available resources & gaps must
also be identified.
Stakeholders Consultation and Presentation of
Draft HFAPoA at ULB Level.
Document feedback and appropriate inclusion
in HFAPoA.
Feasibility Study for Preparation of DPR.
Presentation of Final HFAPoA before State
Level Appraisal Committee (SLAC) and State
level Sanctioning & Monitoring Committee
(SLSMC) as scheduled by the State. (And also
incorporate feedback and comments of SLAC
and SLSMC in the HFAPoA).
Carrying out Total Station Survey of the
project site and geo-tag the individual houses
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S.
Report
No.
Time Period
Contents
Approval
HFAPoA
CSMC
of As scheduled
by the by MoHUPA,
GoI
Final
DPR 10 days
(incorporating
suggestions
of
Nagar
Parishad
Khachrod
Draft
Bid 10 Days from
Documents
for intention to Bid
Identified
Slums by NPP
including Instruction
to Bidders, Draft
Contract
Agreement, Tender
Drawings, Technical
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Preparation of Housing For All Plan of Action (HFAPoA) & DPR with Construction Supervision & Quality
Control under Pradhan Mantri Awas Yojana - Housing For All 2022
S.
Report
No.
Specifications and
Bill of Quantities
8 Final
Bid
Documents
(incorporating
suggestions
of
Nagar
Parishad
Khachrod
and
support in bidding
process.
9
Time Period
Contents
Final
Bid Assist ULB in complete bidding process for
Document in
Selection of Developer/Contractor.
5 Days and
o Issuance of Tender.
support
in
o Preparation of pre-bid clarifications.
bidding
o Evaluation of Bids.
process as per
o Negotiation
schedule of Bid
o Award of Contract
Document
o And preparation / signing of contract /
concession agreement.
Periodical
Project
To assist ULB in Supervision & Quality
Supervision during implementation
Control on daily basis.
Project Construction period
To check the setting up of laboratory
and Development
(including calibration of equipments) and field
tests carried out by the contractor and to carry
out adequate number of independent tests other
than the regular testing as prescribed in Quality
Assurance Manual of RAY/PMAY.
Ensure that the tests are conducted as per the
standards.
To supervise and check the day to day
operations, quality control and quantity
measurements of the works carried out under
the Contract and assist client in preparation of
Monthly / interim payment certificates.
Ensure all steps for effective and smooth
execution of projects as per the Quality
Assurance Manual of RAY/PMAY.
a)
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f)
h.
Position
Qualifications & Skills
Team Leader / Masters or Post graduate in Town / Urban
Town Planning Planning / Regional Planning
Expert (1)
Good knowledge of land use, master Plans
and Slum Development Model.
Building
Post Graduate degree in Engineering.
Technology cum
Engineering
Specialist (1)
Experience
Managed at least three similar
projects & at Least 10 years
experience in the urban sector.
At least 5 years experience of
Affordable Housing or Housing
of Urban Poor.
At least 10 Years experience in
designing & construction of
large
scale
Housing
&
Infrastructural Projects.
At least 5 Years of relevant
experience in Urban sector for
Procurement,
Design,
and
Supervision of Housing /
Infrastructure Projects.
Prior
experience
of
RAY/JnNURM/UIDSSMT/ADB
Programme is also desired.
At least 8 years of experience in
the field of Urban Finance and at
least 5 years of experience in the
field of managing PPP projects
in Urban areas.
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Position
GIS Expert (1)
Experience
At least 5 years of experience in
managing and development of
urban GIS database.
10 years in Quality Control of
Buildings,
Water
Supply,
Sewerage, Roads, Drains, etc.
5 years or in Similar Field
Note:
Consultants should submit the CVs of the above experts only. Additional CVs submitted
will not be considered.
Financial proposal submitted Online must include the experts man-months suggested
above.
Expert proposed should be fluent in English and possess good communication skills in
English & local language.
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15
a.
CONTRACT FOR:
CONTRACT NUMBER:
the Consultant has agreed to provide the Services on the terms and conditions set
out in this Contract.
i.
Documents
This Contract comprises the following documents:
Section 1: Form of Contract
Section 2: General Conditions
Section 3: Special Conditions
Section 4: Terms of Reference
Section 5: Schedule of Prices
Section 6: Format for invoice
Section 7: Performance Guarantee
Section 8: Format for Undertaking form Firm.
Annexes: Detailed at Special Conditions of Contract, Clause 2.
This Contract constitutes the entire agreement between the Parties in respect of the
Consultants obligations and supersedes all previous communications between the
Parties, other than as expressly provided for in Section 3 and/or Section 4.
ii.
Contract Signature
If the Original Form of Contract is not returned to the Contract Officer (as
identified in Section 3) duly completed, signed and dated on behalf of the
Consultant within 30 days of the date of signature on behalf of the Client, Client, or
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participating ULBs will be entitled, at its (their) sole discretion, to declare this
Contract void.
No payment will be made to the Consultant under this Contract until a copy of the
Form of Contract, signed on behalf of the Consultant, is returned to the Contract
Officer.
iii.
iv.
Financial Limit
Payments under this Contract shall not, in any circumstances, exceed [insert total
amount in numbers and words] inclusive of service tax and all other applicable
government taxes national and state, as applicable (the Financial Limit).
v.
vi.
Penalty
1% penalty of the contract value of the concerned ULB may be imposed for every
month of delay or part thereof after the end date of the tenure of the contract
Implementation period. Maximum penalty will be 6% of the contract value of the
concerned ULB.
Date:
Date:
Witness 1
Name:
Date:
Address:
Witness 2
Name:
Date:
Address:
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b.
i.
Definitions
the Consultants Personnel means any person instructed pursuant to this Contract to
undertake any of the Consultants obligations under this Contract, including the
Consultants employees, agents and sub-consultants.
Joint Venture means a Consultant which comprises of not more than three Partners
each of whom will be jointly and severally liable to the Client for all the Consultants
obligations under the Contract.
the Clients Representative means any entity appointed by the Client to act on the
Clients behalf with regard to procurement and/or management of this Contract.
The Financial Limit refers to the amount specified in Section 1 and is the maximum
amount payable by the Client under this Contract. Including Govt Taxes as applicable
from time to time.
the Services means the services set out in the Terms of Reference(Section 4).
the Software means the software designed and developed by the Consultant or the
Consultants Personnel, and includes the source code and object code along with
associated documentation, which is the work product of the development efforts
envisaged in the Terms of Reference. It does not include commercial off-the-shelf
licensed software (except for the customisation components of such products).
the Project Officer means the person named in Section 3 who is responsible for issuing
instructions and dealing with all correspondence in connection with the technical aspects
of the Contract.
the Contract Officer means the person named in Section 3 who is responsible for all
contractual aspects of the Contract, and to whom invoices should be sent.
the Officer in Charge for ULB means the person named in Section 3 who is responsible
for ensuring coordination between the city, the Consultant, and GoI/State for the
execution of the Services.
Contract Documents means the documents listed in the Contract Agreement, including
any amendments thereto.
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ii.
1.
2.
3.
4.
Contract Fees means the Fees payable to the Consultant as specified in the Contract
Agreement, subject to such additions and adjustments thereto or deductions there from,
as may be made pursuant to the Contract.
Contract means the Contract Agreement entered between the Client and the Consultant,
together with the Contract Documents referred to therein, including all attachments,
appendices, and all documents incorporated by reference therein.
Change in Control means that the person(s) (including corporate bodies) directly or
indirectly in control of the Consultant at the time this Contract is entered into cease to be
in control.
Control means the power of a person to ensure that the affairs of the Consultant are
conducted in accordance with the wishes of that person.
Interpretation
In the event of any inconsistency between the Form of Contract (Section 1), these
General Conditions (Section 2) and the Special Conditions (Section 3), the Special
Conditions shall prevail.
Except as expressly provided in Clause 3 the Consultant is not the agent of the Client
and has no authority to represent and shall not purport to represent or enter into any
commitments on behalf of the Client in any respect.
Nothing in this Contract is intended to make nor shall it make the Client the
employer of the Consultant or any of the Consultants Personnel.
All communications by the Consultant relating to notifications or applications for
consents or instructions must be addressed to the Client Contract Officer whose
name and address are given in Section 3.
iii.
1.
2.
iv.
1.
2.
3.
Obligations
The Consultant shall perform all its obligations under this Contract (including the
provision of the Services) with all necessary skill, diligence, efficiency and economy
to satisfy generally accepted professional standards expected from experts.
If the Consultant is a joint venture then each of the joint venture parties shall have
joint and several liability in respect of the Consultant's obligations under this
Contract.
Personnel
All members of the Consultant's Personnel shall be appropriately qualified,
experienced and in a suitable physical condition so as to ensure that the Consultant
complies with all the Consultant's obligations under this Contract.
No changes or substitutions may be made to members of the Consultant's Personnel
identified as key personnel in Section 4 of this Contract without prior written consent
of the Client.
Replacement of personnel will only be considered under exceptional circumstances
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(eg: Death, Prolonged illness and on leaving the company) and will be subject to
prior approval by Client. In case the firm makes replacements in any position, the
following penalties apply unless otherwise specified in the Special Conditions of the
contract:
4.
5.
6.
7.
8.
v.
1.
vi.
1.
vii.
1.
2.
3.
4.
If the Client considers any member of the Consultant's Personnel unsuitable, the
Consultant shall substitute such member as quickly as reasonably possible without
direct or indirect charge to the Client with a replacement acceptable to the Client.
The Consultant is responsible for all acts and omissions of the Consultants
Personnel and for the health, safety and security of such persons and their property.
Whenever required any of the designated Consultant's Personnel may be required to
attend meetings with Nagar Parishad Khachrod,.
Consultant to submit an undertaking (in the prescribed format section 8) stating
that the full time consultants engaged on this contract will not be deployed on any
other Nagar Parishad Khachrod, assignments.
Penalty will be imposed only if delay is on part of the Consultant. Penalty clause will
not be applicable if the conditions of delay are beyond the control of the consultant
i.e. natural calamities / riots, etc.
Sub-Consultants
The Consultant shall not sub-contract any of its obligations under this Contract.
Disclosure of Information
The Consultant and the Consultant's Personnel shall not, without the prior written
consent of the Client, disclose to any third party any confidential information
obtained during or arising from this Contract (other than in the proper performance
of this Contract or as may be required by authority of competent jurisdiction). In
addition, no publicity is to be given to this Contract without the prior written consent
of the Client.
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5.
viii.
1.
Confidentiality
Neither of the Parties shall, without the consent of the other, divulge or suffer or
permit its officers, employees, or agents to divulge to any person (other than to any
of its or their respective officers or employees who require the same to enable them
to properly carry out their duties) any information concerning the operations,
contracts, commercial or financial arrangements or affairs of the other Party. Both
Parties agree that confidentiality obligations do not apply to:
a) Information that is already known to third parties without breach of this Contract; and
b) Information that is required to be disclosed by an order of a court of competent
jurisdiction or an appropriately empowered public authority, or as a result of an
obligation arising under the Right to Information Act or other public disclosure law.
ix.
1.
2.
3.
x.
1.
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2.
xi.
1.
2.
xii.
1.
2.
xiii.
1.
Neither the Consultant nor any of the Consultant's Personnel shall accept for or on
their own benefit any trade commission, discount or similar payment or benefit in
connection with this Contract.
Conflict of Interest
Neither the Consultant nor any of the Consultant's Personnel shall engage in any
personal, business or professional activity which conflicts or could conflict with any
of their obligations in relation to this Contract.
The Consultant and the Consultant's Personnel shall notify the Client immediately of
any actual or potential conflict together with recommendations as to how the conflict
can be avoided.
Insurances
The Consultant shall maintain professional indemnity insurance cover of an amount
not less than the Financial Limit.
At the request of the Client, or its representatives, the Consultant shall provide
evidence showing that such insurance has been taken out and maintained and that
current premiums have been paid.
Indemnity
Except where arising from the negligence of the Client or Clients employees, the
Consultant shall indemnify the Client in respect of any costs or damages howsoever
arising out of or related to breach of warranty or representation, contract or statutory
duty, or tortuous acts or omissions by the Consultant or the Consultant's Personnel or
any claims made against the Client by third parties in respect thereof.
xiv.
1.
2.
xv.
1.
xvi.
1.
Fees
Any fees payable are deemed to cover the cost of salary, overseas inducements,
leave allowances, bonuses, profit, taxes, insurances, superannuation, non-working
days and all other costs including, but not limited to, clothing, passports, visas and
vaccinations, overheads and expenses of whatsoever nature that may be incurred
except those otherwise specifically provided for in this Contract.
Invoicing Instructions
Invoices should be submitted against agreed milestones or as specified at Section
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2.
3.
xvii.
1.
2.
3.
xviii.
1.
2.
Payments
Subject to the Client being satisfied that the Consultant is or has been carrying out
their duties, obligations and responsibilities under this Contract, sums duly approved
shall be paid within 30 days of receipt of a valid invoice.
If for any reason the Client is dissatisfied with performance of this Contract or there
has been a unreasonable delay without clients approval an appropriate sum may be
withheld from any payment otherwise due. In such event the Client shall identify the
particular Services with which it is dissatisfied together with the reasons for such
dissatisfaction, and payment of the amount outstanding will be made upon remedy of
any unsatisfactory work or resolution of outstanding queries.
Should the Client determine after paying for a particular Service that the Service has
not been completed satisfactorily, the Client may recover, or withhold from further
payments, an amount not exceeding that previously charged for that Service until the
unsatisfactory Service is remedied to its satisfaction.
xix.
1.
2.
3.
Force Majeure
Where the performance by the Consultant of its obligations under this Contract is
delayed, hindered or prevented by an event or events beyond the reasonable control
of the Consultant and against which an experienced consultant could not reasonably
have been expected to take precautions, the Consultant shall promptly notify the
Client in writing, specifying the nature of the force majeure event and stating the
anticipated delay in the performance of this Contract.
From the date of receipt of notice given in accordance with Clause 19.1, the Client
may, at its sole discretion, either suspend this Contract for up to a period of 6 months
(the Suspension Period) or terminate this Contract forthwith.
If by the end of the Suspension Period the Parties have not agreed to a further period
of suspension or re-instatement of the Contract, this Contract shall terminate
automatically.
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xx.
1.
2.
take such steps as are necessary to terminate the provision of the Services, in a costeffective, timely and orderly manner; and
b)
provide to the Client, not more than 60 days after the Client notifies the Consultant
of the suspension or termination of this Contract an account in writing, stating:
i. any costs due before the date of suspension or termination;
ii. any costs incurred by the Consultant after the date of suspension or termination,
which the Consultant necessarily incurred in the proper performance of this
Contract and which it cannot reasonably be expected to avoid or recover.
3.
xxi.
1.
2.
3.
Subject to the Clients approval, the Client shall pay such amount to the Consultant
within 30 days of receipt from the Consultant of an Invoice in respect of the amount
due.
b)
c)
d)
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i. an order is made or a resolution is passed for the winding up of the
Consultant; or
ii. a receiver or administrator is appointed in respect of the whole or any part
of the undertaking of the Consultant.
e)
4.
5.
GENERAL PROVISIONS
xxii.
1.
xxiii.
1.
xxiv.
1.
xxv.
1.
xxvi.
1.
xxvii.
1.
Variations
No variation/amendment in the terms or scope of this Contract shall be effective
without the prior written consent of both Parties and recorded in writing in the form
of a letter entitled Contract Amendment No.
. Without such consent
neither Party shall have any liability in respect of work performed outside the
Services set out in Section 4.
Assignment
The Consultant shall not, without the prior written consent of the Client, assign or
transfer or cause to be assigned or transferred, whether actually or as the result of
takeover, merger or other change of identity or character of the Consultant, any of its
rights or obligations under this Contract or any part, share or interest therein.
Limit of Liability
Except where there has been misconduct, gross negligence, dishonesty or fraud on
behalf of the Consultant or the Consultant's Personnel the Consultant's liability under
this Contract shall be subject to the amount of the Financial Limit.
Retention of Rights
Clauses 6, 7, 8, 9, 13, 26 and 27 of this Section 2 and any relevant clauses listed
under Section 3 shall continue in force following the termination of this Contract.
Amicable Settlement
This Contract shall constitute the entire Agreement between the Parties, and may not
be altered or amended except by the written agreement of the Parties. No duties,
obligations, liabilities or warranties other than those expressly provided in this
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2.
3.
Contract and its attachments shall be applied. Both Parties to this Agreement will
make every attempt to resolve in an amicable way all differences concerning the
interpretation of this Contract and the execution of the work. Any dispute or
disagreement which cannot be resolved by both Parties and any controversy claim or
dispute otherwise arising in connection with this Contract or breach thereof shall be
referred to an arbitrator to be agreed between the Parties or, failing such agreement,
will be referred to the Clients City Courts.
The decision of the arbitrator shall be final and binding on both Parties.
The place of arbitration shall be as stated in the Special Conditions.
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c.
[Select the appropriate wording using the samples below or other acceptable wording, and
delete the text in italics]
i.
1.
Officials
The Contract Officer is: [please insert details as below]
Name:
Designation: Chief Municipal Officer
Communication Address:
Telephone: .. Facsimile:
Email:
2.
Name:
Designation: Communication Address:
Telephone: . Facsimile:
E-mail:
3.
Name:
Designation: Communication Address: Phone:
Fax:
Email:
ii.
The following documents are included in and form part of the Contract:
Annex X. Minutes of the meeting between the Client and the Consultant dated xx 2015
[If there are any modifications to the General Conditions of Contract, the clauses that
replace GCC clauses should be inserted here. Additional clauses can also be inserted here,
but care should be taken to ensure that this does not cause interpretation difficulties.]
iii.
Payment Schedule
iv.
The marking and documentation within and outside the Lots shall be: [insert in detail the
markings on the packing and all documentation required; sample below]
SSK
Details of Project Officer as in 1.2 of SCC
Standard International Norms for Marking
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v.
Arbitration
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d.
[Insert from Annexure D in RfP, without payment schedule] Insert Manning Schedule at the
end of the TOR]
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e.
i.
S.
Percent
Milestone Linked Payment
No.
to Total
1
Inception Report and Pilot Demand Survey
10
2
100% Demand Survey and Draft HFAPoA
15
3
Final HFAPoA (incorporating suggestions of all the stakeholders' and Nagar
5
Parishad Khachrod
4
Approval of HFAPoA by the CSMC
70
Total:
100
ii.
S.
No.
1
2
3
4
5
6
Percent
to Total
5
10
15
30
10
30
100
Note:
The consultant invoice will be supported by the Time Sheets at each stage of payment,
duly approved by the Project Officer.
The Payments under assignment shall be made on Lump sum fees quoted by the Winning
Consultant and shall be based on the Fees quoted by winning Consultant on % of Project
Cost.
Contract Value is inclusive of service tax.
If any excess payment is made, the excess amount shall be recovered from the
performance guarantee given by the Consultant / from its other contracts.
Invoice format is attached.
The payment shall be released within 30 days from receipt of invoice from the Consultant
subject to terms and conditions mentioned earlier in this contract.
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f.
Chief Municipal
Officer,
Invoice Date:
NAGAR PARISHAD
KHACHROD
Service:
Registration No:
PAN Number:
For Attention of
Contract For:
Contract No.:
Period of Consultancy:
Start
Date
End
Date
Tax if any
Contract
Value:
Invoice No.
Invoice No.
Invoice No.
Date Received
Date Received
Date Received
Amount
Tax if any
Bank SWIFT ID
Account No
This invoice is in respect of a supply of services to the Client, and is addressed to the Client,
purely for payment purposes. I certify that the amounts claimed in this invoice have been wholly
and necessarily incurred for the purpose of the engagement and have not been claimed before.
(Signature of Consultant)
The claim is correct and Services have been received. Please arrange payment:
(Project Officer / Advisor)
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g.
[The bank, as requested by the successful Bidder, shall fill in this form in accordance with the
instructions indicated]
Date: [insert date (as day, month, and year) of Bid Submission]
Contract No. and title: [insert no. and title of bidding process]
Banks Branch or Office: [insert complete name of Guarantor]
Beneficiary: [insert complete name of Purchaser]
Performance Guarantee No.:
[insert Performance Guarantee number]
We have been informed that [insert complete name of Contractor] (hereinafter called "the
Contractor") has entered into Contract No. [insert number] dated [insert day and month],
[insert year] with you, for the supply of [description of Equipment and Related Services]
(hereinafter called "the Contract").
Furthermore, we understand that, according to the conditions of the Contract, a Performance
Guarantee is required.
At the request of the Contractor, we hereby irrevocably undertake to pay you any sum(s) not
exceeding [insert amount(s7) in figures and words] upon receipt by us of your first demand in
writing declaring the Contractor to be in default under the Contract, without cavil or argument,
or your needing to prove or to show grounds or reasons for your demand or the sum specified
therein.
This Guarantee shall expire no later than the [insert number] day of [insert month] [insert
year]8, and any demand for payment under it must be received by us at this office on or before
that date.
[In preparing this Guarantee, the Purchaser might consider adding the following text to the
Form]
We agree to time extension of this Guarantee for a period not to exceed [six months] [one
year], in response to the Purchasers written request for such extension, such request to be
presented to us before the expiry of the Guarantee.
This guarantee is subject to the Uniform Rules for Demand Guarantees, ICC Publication No.
458, except that subparagraph (ii) of Sub-article 20(a) is hereby excluded.
[signatures of authorized representatives of the bank and the Contractor]
7
8
The Bank shall insert the amount(s) specified in the SCC and denominated in Indian Rupees.
Dates established in accordance with the General Conditions of Contract (GCC).
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h.
To,
Commissioner
Urban Administration & Development
Government of Madhya Pradesh
Bhopal
This is to declare that the Experts engaged under the contract number [Insert Contract
Number] bearing the title [Insert Contract Name] will not be part of any other assignments
under Nagar Parishad Khachrod, and UADD.
Authorized Signatory
(Name and Full details of the company)
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i.
To,
Commissioner
Urban Administration & Development
Government of Madhya Pradesh
Bhopal
This is to declare that Experts proposed by our firm [Name of Firm] in the present proposal
[Insert Contract Number] bearing the title [Insert Contract Name], has never been
demobilized for poor/unsatisfactory performance from any project during the last three.
Authorized Signatory
(Name and Full details of the company)
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j.
To,
Commissioner
Urban Administration & Development
Government of Madhya Pradesh
Bhopal
This is to declare that [Name of Firm] has never been declared Ineligible/Blacklisted by the
Government of India, GoMP or any Other State Government.
Authorized Signatory
(Name and Full details of the company)
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16
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