Sub: Independent Engineer services for operation & maintenance of Sistser

Nivedita Bridge (2nd Vivekanada Bridge) Tollway Project and its approaches (km.
653.010 to km. 659.051 on NH-2) on BOT (Toll) Basis under NHDP-Phase-I in the
state of West Bengal.- Reply to Queries.

M/s STUP Consultants Pvt. Ltd.

Sr.No Queries Reply
1. An international Consultant (as Leader) wants to bid with
Indian Consultant (as Associate) – Indian Consultant fulfils
eligibility criteria under Table (A) of Clause 11- International
Consultant will provide only one key personnel i.e Team
Leader cum Senior Bridge Engineer – rest of the personnel
will be provided by Indian Consultant as Associate (not as JV
Partner). International Consultant’s Remuneration to he paid
in Foreign currency & all INR Payments (including
reimbursement of establishment costs) to be paid to Indian
Consultant:
Queries:

i) Can they bid as Consortium (not JV) with Scope of

Work, Personnel & Remuneration clearly bifurcated between
the two as per their cost/personnel?

ii) Will NHAI agree to split the Contract/Services between No Change

the two as per the scope & personnel provided by them
respectively?

iii) Will NHAI agree to make separate payments i.e all

foreign currency payments directly in the name of foreign
Consultant & all INR payments directly in the bank account
names as per payments made?

iv) Will NHAI accept separate Performance Guarantees &

Professional Insurance Policy from International & Indian
Consultant in proportion to their respective Contract Value?
2. The International Consultant will provide only one expatriate
key personnel i.e Team Leader cum Senior Bridge Engineer
for onsite maximum period 15 days per Quarter i.e maximum
6 months on Site & balance period Off-site in home country.
Hence, since total deployment on Site will be less than 6
months during the contract period of 36months they may not As per RFP
be required have a “Permanent Establishment” (“PE”) in India-
hence as per new Service Tax Regulations, Service Tax on
remuneration paid overseas in foreign currency to Foreign
Consultant is to be paid/deposited on “Reverse Charge Basis”
by the “Service Receiver” i.e NHAI.
 Please clarify

i) Whether NHAI will deposit Service Tax on “Reverse

Charge Basis” on the remuneration paid in foreign
currency to Foreign Consultant?

ii) As per clause 3.9 Service Tax will be reimbursed by NHAI-

does this mean that the foreign & Domestic Consultants
have to first pay/deposit Service Tax & then claim
reimbursement from NHAI ? What documentary evidence
has to be furnished for claiming reimbursement? Will full
Service Tax on Invoiced amount be reimbursed (i.e
Service tax deposited in Cash PLUS Input Service Tax on
input services utilized for which CENVAT credit is claimed
by the Consultants)?

iii) Within how many days will the Service Tax be reimbursed
by NHAI?

iv) As per service Tax Regulations, Service Tax is chargeable

also on the Miscellaneous & Establishment costs being
reimbursed/paid by NHAI in addition to the remuneration.
Will NHAI confirm that they will reimburse Service Tax also
on Miscellaneous/Establishment Costs?
3. Foreign Consultant proposes to gives fixed IATA Rates for Reimbursement
Flight Costs from Home Country to Site for Expatriate Expert’s to Expatriate
deployment. Please clarify, what documentary evidence is personnel shall
required to be submitted to NHAI for claiming reimbursement be made as
especially for air-fare costs & other costs? Is submission of defined in the
boarding passes for air travel mandatory for claiming Special
reimbursement of fixed air-fare costs? Similarly for other costs Conditions of
incurred overseas like Mobilization/Demobilization, Visa Costs Contract after
etc what documentary evidence is required to be submitted if producing the
the rates given by foreign Consultant in the bid are fixed proof of said
rates? reimbursable
item.
4. The present assignment relates to Independent Consultancy The project is
Services for Operation and Maintenance only, In this context, already
we presume that schedule -0 (Independent consultant –Scope completed.
of Work) showing responsibility of IC – Design Stage, Scope of work
Construction Stage, Operation and Maintenance Stage is includes
included for reference only. consultancy
services during
O&M only.
 M/s Ayesa
1. We would like to clarify since most of our cable stayed bridges No Change
are part of the highway projects, there is no separate cost for
the cable stayed structure.
We request you to consider the cost of the highway project as
USD 35 Million having cable stayed bridge instead of cost of
cable stayed bridge (minimum 4-lane) project.
2. Enclosure B On page 62 says input of Team Leader will be Please see
15 days a duration of six months at site. Corrigendum
However under Section 6 of TOR Page 49 clause 4.1 of
Expected Input, it says 36 months continuous input at site for
Team Leader cum Senior Bridge Engineer.

PI confirm
3. Since our firm (Ayesa in JV with Louis Berger) is working on That is upto the
this project and our term is getting over by Feb 2013. Consultant to
We would like to confirm whether we can propose the same decide
team as the existing one.
4. We would like to confirm that person with 20 years of No Change
experience exclusively in bridge project is not possible: it
should be 20 years of exp. In Highway/Bridge Project.

And

Please elaborate the meaning of the similar bridge projects

whether it relates to any river bridge of 4 lane having project
costs more than Rs.1500 million or US$35 million.
5. As per our experience most of the available staff does not No change
have experience certificates from their Employers.

This is not required since each of the staff member is

personally interviewed for suitability by NHAI.
6. In order to prepare a comprehensive proposal, we request the No change
NHAI to Kindly extend the date of submission by at least 3
weeks from the issue of minutes of pre bid meeting.