Consultancy Services for Construction of Transit Camp at Plot No....

Consultancy Services for Construction of Transit Camp at Plot No. 540, Sector- 33, Chandigarh

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SJVN Ltd. (A Joint Venture of Govt. of India & Govt. of Himachal Pradesh)

(An ISO-9001-2015, Mini Ratna & Schedule-A PSU)

SJVN Corporate Head Quarter: Shanan Shimla-06.

SHIMLA – 171006 (H.P.), INDIA

CIN: L4010HP1988GOI008409

TENDER DOCUMENT (THROUGH E-PROCUREMENT)

{Domestic Competitive Bidding}

FOR

CONSULTANCY SERVICES FOR CONSTRUCTION OF TRANSIT

CAMP AT PLOT NO. 540, SECTOR 33, CHANDIGARH.

INDIA

*****

Tender No.: DCB–CCD–ARCH–758–01

EMPLOYER: SJVN

COUNTRY : INDIA

SHIMLA February 2020


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CONTENTS

Sr. No. Description Page No.

- Detailed Notice Inviting Tender 3

Section-I Scope of Services 16

Section-II Information for bidders 29

Section-III Instructions to bidders 31

Section-IV

Tender form, form of declaration,

qualification information and

schedules 47

Section-V Price Schedule 58

Section-VI General conditions of contract 60

Section-VII

Forms, procedures ,integrity pact and

guidelines on banning business

dealings 86

Section-VIII Special conditions of contract 95


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DETAILED NOTICE INVITING TENDERS


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SJVN Limited (A Joint Venture of Govt. of India & Govt. of Himachal Pradesh)

(An ISO-9001-2015, Mini Ratna & Schedule-A PSU)

SJVN Corporate Head Quarter : Shanan,

SHIMLA – 171006 (H.P.), INDIA CIN-L40101HP1988GOI008409

DETAILED NOTICE INVITING TENDER

E- TENDER NO. DCB-CCD-ARCH-758-01

1.1.0 INTRODUCTION AND INVITATION

1.1.1 SJVN Limited, a Mini Ratna, Category-I and Schedule –„A‟ CPSE under

administrative control of Ministry of Power, Govt. of India, was incorporated on May

24, 1988 as a joint venture of the Government of India (GOI) and the Government of

Himachal Pradesh (GOHP).

Beginning with a single Project and single State operation (i.e. India‟s largest 1500

MW Nathpa Jhakri Hydro Power Station in Himachal Pradesh) the Company has

commissioned projects namely 412 MW Rampur Hydro Power Station in Himachal

Pradesh, 47.6 MW Khirwire Wind Power Project in Maharashtra, 5.25 MW

Charnakha Solar Power Plant in Gujarat and Sadla Wind Power Project in Gujarat.

SJVN is presently implementing Power Projects in Himachal Pradesh, Uttarakhand,

Bihar and Gujarat in India besides neighboring countries viz. Nepal and Bhutan.

SJVN has its Registered and Corporate Office at SJVN Corporate Head Quarters,

Shanan, Shimla, H.P.

The aim of this invitation is to invite tenders for hiring :

‘Consultancy services for Construction of Transit camp at plot no. 540,

Sector-33, Chandigarh’*

*As detailed in Section-1 Scope of Services of Tender Document.

1.1.2 SJVN invites tenders from eligible bidders in single stage two parts i.e. Techno

Commercial Bid and Financial Bid on Domestic Competitive Bidding, through

Electronic Tendering System (E-Tender) for Consultancy services for Construction of

Transit camp at plot no. 540, Sector-33, Chandigarh’.


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1.2.0 KEY DATES/OTHER RELATED PARTICULARS :

The key particulars/details and dates are as under

i. Tender view date and

time.

: Any time between 19.02.20 to 19.03.20.

ii. Pre-bid meeting

(date/time and venue)

: 06.03.20 (at 1500 Hrs.)

Venue: SJVN Expediting Office,

Office Block, Tower-1, 6th

Floor, NBCC

Complex, East Kidwai Nagar, New Delhi.

iii. Last date & time for

uploading of

Technical as well as

Financial bids on

SJVN‟s e-tender

portal

https://sjvn.abcprocur

e.com

:

20.03.20 upto 1300 Hrs.

iv. Deadline for

submission of

documents in

physical form.

: 27.03.20 upto 1800 Hrs.

v. Last date for

submission of letter

seeking

clarifications/pre-bid

queries from bidder

: 03.03.20 upto 1500 Hrs.

vi. Venue for opening of

bids

Venue: Corporate Civil Contracts Deptt.

SJVN Corporate Head Quarter, Shanan.

Shimla-06, H.P.

vii. Date & time for

opening of Technical

bids.

: 20.03.20 at 1500 Hrs.

viii. Date & time for

opening of Financial

bids.

: Shall be intimated separately.

ix. Bid validity period : The bid shall remain valid for 180 days

after the last date fixed for submission of

bid including extension thereof, if any.

x. Cost of Tender

Document*

: INR 5,000 /- (Rupees Five Thousand) (non

refundable) inclusive of GST Payable

online through E-payment gateway

available on SJVN‟s E-tender portal,

https://sjvn.abcprocure.com)

xi. EMD/Bid Security* : INR 46,000 /- (payable as per Sub-Clause 5

of Section-2, ITB of Tender Document.)

*Small Scale Units registered with the National Small Industries Corporation (NSIC)

https://sjvn.abcprocure.com/




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under their single point Registration Scheme of the stores /work are exempted from

furnishing the cost of tender document fees and bid security deposit. Further, Micro

and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by

Department of Micro, Small and Medium Enterprises (MSME) or registered with

Central Purchase Organization or the concerned ministry or department or as defined

by GoI from time to time are also exempted from furnishing the cost of tender

document fees or bid security. They should furnish an attested scanned copy (by

authorized representative) of the valid registration NSIC/MSME Certificate /Udyog

Aadhaar Memorandum number to avail the benefits. Also, Start-ups (recognized by

Department of Industrial Policy and Promotion or as defined by GoI from time to

time) shall also be exempted from furnishing the cost of tender document fees or bid

security. No other Bidder is exempted from furnishing cost of tender fee and bid

security as mentioned above.

1.3.0 REGISTRATION FOR E-TENDERING / METHOD OF APPLYING

1.3.1

This tendering process is being processed through e-procurement mode on

https://sjvn.abcprocure.com.

For participating in E-tendering with SJVN Ltd., the Bidder has to register with M/s

E-procurement Technologies Ltd. (If not registered earlier and/or if the registration is

not valid at the time of uploading/submission of Bid) on SJVN‟s E-tender Portal,

https://sjvn.abcprocure.com and the detailed procedure for the registration is as under:-

Steps for New Bidder Registration:

Perform below mentioned steps to register yourself

Click on a “New Bidder Registration” link available on home page.

You need to furnish individual details as well as of company details in registration

form.

After filling all mandatory fields, you need to click on “submit” button to complete

registration process and make payment of applicable registration fees.

On successful completion of registration you will be prompted a message saying

that “You have successfully registered on (SJVN Limited)‟s e-Procurement

Portal”

1.3.2 System Configuration Requirements

a) An Internet connection with minimum 512 Kbps speed.

b) Operating System should be Windows XP Service Pack -3 / Vista / Windows

7.

c) Supported Browsers: Internet explorer – 7.0, 8.0 & 9.0

d) Minimum bandwidth 512 kbps

e) Operating System Core2 Duo / I3 / I5 (Recommended)

f) System Access with Administrator Rights

g) Minimum RAM 2 GB

h) Digital Certificate: For participating in E-tendering i.e., for login, uploading

& downloading the Tender document or for submitting the bids on E-mode, the

bidder has to procure a Digital Signature/Digital Security Certificate from




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certifying authority of India as per the IT Act, 2000. Digital signature can be

obtained from any of the authorized agencies of CCA (Controller of Certifying

authorities) from GNFC, TCS, MTNL, Safe Script etc. For this a separate

processing fee would be payable to the authorized agency of CCA.

Valid Digital Certificate must be installed in a computer system from where you

want to login on website. Perform the below steps to confirm whether valid digital

certificate is available on your computer system or not:

Steps:

Open Internet Explorer.

Select Tools menu from menu bar. OR(Press Alt + T on your keyboard)

Click on Internet Options >> Content >> Certificate button.

You should view your digital certificate under “Personal” heading.

1.3.3

Requirement of Digital Signature Certificate

Please enable ActiveX Controls & Plug-ins. (Tools->Internet Options->

Security->Custom Level)

Active-X controls need to be enabled in your Internet browser. In order to ensure

this, please do the following:

1. In Menu Bar ---Click on Tools - Internet Options – Security – Click on Trusted

Sites Icon – Click on Sites button

Add 2 Website in Trusted Sites……

i. https://sjvn.abcprocure.com

ii. https://www.tpsl-india.in

2. After that, click on

Tools menu of Internet explorer - Internet Options – Security – Click on Internet

Icon

3. After Click on Custom Level button –

From below ActiveX controls and plug-ins ---- Select below 5 Items to enabled

i. Download signed ActiveX controls –select Prompt or Enable

ii. Download unsigned ActiveX controls – select Prompt or Enable

iii. Initialize and script ActiveX controls not marked as safe for scripting –

select Prompt or Enable

iv. Run ActiveX controls and plug-ins-select Enable

v. Script ActiveX controls marked safe for scripting – select Enable

4. After completed this above selection----Below option has available---Reset

custom settings---Reset To: Select low or medium ---Click on OK


https://www.tpsl-india.in/


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Also, please check your system Date & Time it should be set as current date &

time.

5. In case of Digital Certificate based Login, user need to download & install

"Signer" file available under Download Section at https://sjvn.abcprocure.com

Download & Install "Intermediary Certificate" available under Download

Section at https://sjvn.abcprocure.com

6. Please disable or uninstall Third Party Toolbar / Add-ons from Browser.

1.3.4

Bidder shall be required to arrange all resources, including Digital Signature and

Internet Connections at their own cost, for participating in online tenders/ bids at

SJVN‟s E-Procurement portal.

All the Bidders are requested to get themselves registered well in advance and no extra

time will be considered for the delay in on-line Vendor Registration, if any. In case

bidders wait till the last moment for registration/uploading of Bids, and if any

technical problem is encountered at that time and the closing time may elapse, SJVN

Ltd. shall not be responsible in any manner for such delay/ or any other reason thereof.

1.3.5 Mode of the payment for Purchase/downloading of Tender document and EMD.

The following modes of payments have been provided for e-payment on account of

Purchase/downloading of Tender document :

a) Credit Card

b) Debit Card

c) Net Banking

d) NEFT/RTGS

Credit Card/Debit Card/ Net Banking:-

Bidder is required to add https://www.tpsl-india.in website in Trusted Zone as

suggested above.

Bidder needs to feed correct details while making the payment through online

payment gateway.

NEFT/RTGS:-

To make payment through NEFT/RTGS, bidders will get an auto generated e-

Mail which contains details of their Unique Bidder Code and when and how to

do RTGS/NEFT and details pertaining to it. This information will also be

available on screen under heading of “NEFT/RTGS Instruction” once bidder

gets login.

Once bidder deposit amount in Beneficiary account number provided to them,

while making payment for document fees and EMD by RTGS/NEFT payment

option at the document fees and EMD payment screen, bidder shall be able to

view the funds already remitted by him/her through NEFT/RTGS as available.



https://www.tpsl-india.in/


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Please proceed to make the payment. Upon doing so, the required amount to be

paid through the document fees and EMD, shall get appropriately deducted from

the available balance and payment shall be confirmed in real time.

This facility allows you to transfer lump sum amount to your Bidder ID account

number as mentioned above via RTGS/NEFT. Bidder would be able to use the

funds as and when require till the time balance is available in Bidder ID. Also,

Bidder can transfer more amount as and when he/she require. Kindly note that

the payment via RTGS/NEFT is required to be made one working day in

advance in order to make it available in your Bidder ID. Hence please ensure

that Bidder remit funds at least one day in advance before he/she would like to

make the document fees and EMD payment through RTGS/NEFT option on

payment gateway.

Caution: Please ensure that your need to mention the correct beneficiary account

number and IFSC code as mentioned above while making payment via RTGS/NEFT.

In the event of funds remitted to wrong beneficiary account number, SJVN Limited or

its Bank or its service provider shall not be responsible for the same.

Note: The Bidder may furnish, the EMD through online payment or through FDR

duly pledged to SJVN or unconditional BG. However, cost of document shall only be

accepted through online payment.

1.3.6 Downloading Bid Document

The complete Tender Document is available for download from www.sjvn.nic.in and

www.eprocure.gov.in. However, for submission of bid, Bidder has to access e-Tender

portal of SJVN (https://sjvn.abcprocure.com). Bidder can submit the bid after

completing registration formality, successful login and payment of cost of Tender

Document.

Download Document link is available at the end of every tender notice along with

access to Corrigendum (if any).

Contact Details

Bidders may contact below mention official in case of any assistance require with

respect to accessing of e-Tendering portal and bid submission.

Mr. Nitesh Singh–

Ph : +919265562822 e-Mail : [email protected]

Mr. Raman

Ph: +919265562832 e-mail :[email protected]

Mr.Vismay Jagad-

Ph : +917940016867 e-Mail [email protected]

Ms.Vaishali Soni

Ph : +917940016837 , e-Mail : [email protected]

http://www.sjvn.nic.in/

http://www.eprocure.gov.in/


mailto:[email protected]




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Mr. Pradip Parmar

Ph : +917940016865, e-Mail: [email protected]

Mr. Rizwan Ajmeri

Ph: +917940016843, e-Mail: [email protected] (for registration and Digital

Signature)

Mr. Rahul Dixit


Mr. Shafique Shaikh


1.4.0 BREIF SCOPE OF SERVICES

The Scope of Services to be performed by the bidder shall be as per Section -1 –

Scope of Services of Tender Document.

1.5.0 TIME FOR COMPLETION

The Time for Completion of the Consultancy Assignment is twenty (20) months and

Defect Liability Period is Six (06) months. The bidder shall perform the different

stages of work according to the time period stipulated in Section -I – Scope of

Services of Tender Document.

1.6.0 ELIGIBILITY

1.6.1 This invitation to bid is open to all registered Consultancy Firms/Architects Firm from

India who meet the Qualification Criteria as indicated hereunder.

1.6.2 The bidder should meet the following minimum qualifying requirements:

1.6.2.1

The bidder must have experience of having completed following consultancy

assignment (s) during the last 7 (seven) years ending last day of month previous to the

one in which bids are invited :

a) One similar consultancy assignment wherein consultancy fees paid to the

bidder is not less than INR 18.79 lakh or

b) Two similar consultancy assignments wherein consultancy fees paid to the

bidder is not less than INR 11.75 lakh each or

c) Three similar consultancy assignments wherein consultancy fees paid to the

bidder is not less than INR 9.40 lakh each .

Similar works hereby means that Architect firm should have completed

consultancy assignment of requisite consultancy fees as indicated above

for comprehensive Architectural services including planning and

designing of Bungalows/ Villas/ Guest houses/ Transit Camps/

Hotels/Motels/ Resorts.

Note:

(i) Experience certificate and work order (LOA) from employer would be required to

substantiate the experience in all cases.

(ii) In case of evidence of experience against qualifying requirement has been issued




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by non-governmental organization, copy of TDS issued by client/owner against

the said consultancy assignment is required to be submitted by the bidder.

1.6.2.2 The Average annual turnover of the bidder from related business in the preceding

three financial years ending 31.03.2019 shall not be less than INR 7.05 lakh.

Note:

(i) For bidder‟s financial evaluation, annual financial statement, audited / duly signed

by CA, as the case may be (Balance sheet, profit & loss / Statement of income &

expenditure, Auditor Report and relevant schedule forming part of audited

annual financial statement) for immediate preceding three years shall be

submitted by the bidder. Where the turnover is not bifurcated and revenue

received from consultancy services are not available then the certificate from the

statutory auditor / chartered accountant in respect of revenue against consultancy

services needs to be furnished.

(ii) In case if annual financial statements for FY 2018-19 have not been

prepared/available, then a certificate duly signed by CA/statutory auditors (as the

case may be) for turnover from related business may be submitted by the bidder.

1.6.2.3 In case the bidder is a proprietary concern then the proprietor should be registered

with the Council of Architecture (India). In case the bidder is a firm then at least one

of the Partners/Directors or Principal Architect of the firm should be registered with

the Council of Architecture (India). The registration should be valid on the date of

opening of the techno-commercial bids. Documentary proof in the form of copy of the

Registration certificate(s) in support of the above to be submitted by the bidder failing

which their bid will not be entertained.

Notes:

i. The subsidiary companies/firms, who intend to get qualified on the basis of

experience of the parent companies/firms, shall not be considered and vice versa.

ii. In case of a Company/firm, formed after merger and/ or acquisition of other

companies/firms, past experience and other antecedents of the merged/ acquired

companies/firms will be considered for qualification of such Company/firm

provided such Company/firm continues to own the requisite assets and resources

of the merged/ acquired companies/firms relevant to the claimed experience.

iii. If the consultancy assignment for which the experience is being claimed has been

completed in the last SEVEN (7) years period, even if it has started earlier, the

same will be considered.

iv. The word „completed‟ hereby means that consultancy fees as indicated in clause

1.6.2.1 above must have been paid to the bidder in the SEVEN (7) years period

ending last day of month previous to the one in which bids are invited. The

consultancy fees shall be inclusive of GST/Service Tax (as applicable).

v. The bidder shall provide completion certificate to substantiate the experience from

client for consultancy assignment. The completion certificate hereby means that

certificate of successful completion of consultancy assignment of architectural

planning and designing of Bungalows/ Villas/ Guest houses/ Transit Camps/


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Hotels/Motels/Resorts etc. by the client ((Employer) and bidder should not have

any affiliation in terms of subsidiary/ parental company/group company

vi. Joint-venture/ consortia of firms/ companies shall not be allowed and the bidder

should meet the above criteria themselves.

vii. In case the experience is in currency other than INR, the conversion rate for the

purpose of evaluation of Bidder shall be the daily exchange rate for similar

transactions published by the SBI, as on 28 days prior to the Last Date of

Submission of bids.

1.7.0 GENERAL

1.7.1 The bidder will be selected under Quality Cost Based Selection (QCBS) and

procedures described in this Tender Document. The Tender Document includes the

following Sections:

- DETAILED NOTICE INVITING TENDER

SECTION-I SCOPE OF SERVICES

SECTION-II INFORMATION FOR BIDDERS

SECTION-III INSTRUCTIONS TO BIDDERS

SECTION-IV TENDER FORM, FORM OF DECLARATION,

QUALIFICATION INFORMATION AND SCHEDULES

SECTION-V PRICE SCHEDULE

SECTION-VI GENERAL CONDITIONS OF CONTRACT

SECTION-VII FORMS,PROCEDURES, INTEGRITY PACT AND

GUIDELINES ON BANNING BUSINESS DEALINGS

SECTION-VIII SPECIAL CONDITIONS OF CONTRACT

1.7.2 Tender Document will neither be issued manually nor be sent by post or courier; the

same can be viewed and downloaded from www.sjvn.nic.in and www.eprocure.gov.in.

However, for submission of bid, Bidder has to access e-Tender portal of SJVN

(https://sjvn.abcprocure.com). Bidder can submit the bid after completing registration

formality, successful login and payment of cost of Tender Document between the

dates and time mentioned in Clause 1.2.0 here-in-above.

1.7.3 Interested parties may download the Tender document in accordance with the

procedure given under Clause 1.3.0 between the date and time mentioned in Clause

1.2.0 here-in-above. Downloading/uploading of Tender document/bid by any bidder

shall, however, not construe that such bidder is considered as qualified.

1.7.4 The Tender document shall be available on website https://sjvn.abcprocure.com only.

At any time before the submission of bids, Employer may modify/ amend the Tender

Document and extend the last date of submission/opening of the bids and any other

key dates by issuing a corrigendum/addendum and such corrigendum/addendum to

this notice as well as to the Tender Document shall be available only on following

websites:

A www.sjvn.nic.in

B https://sjvn.abcprocure.com

C www.eprocure.gov.in






http://www.tenderwizard.com/SJVNL



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As such the bidders are advised to visit the above websites regularly before deadline

for submission of bids.

To give the bidder reasonable time to take an amendment into account in their bids

and on account of any other reasonable circumstances, Employer may at its discretion,

extend the deadline for the submission/opening of the bids.

1.7.5 Bidders should not be under a declaration of ineligibility for corrupt/fraudulent

coercion/collusion practices and defaults committed under Integrity pact by the

Central Government / State Government or any of its agency / department, public

sector undertaking or autonomous body or any authority by whatever name called.

1.7.6 The prospective bidders are advised to visit the Project Site before submission of their

bids. The Bidder shall bear all costs associated with the site visit. The Bidder shall

arrange the inner permit/permission for him as well as for his workers as required in

accordance to the laws if required for the work.

The information about the project and/or its surroundings are given in good faith. The

bidder may however, obtain necessary information and acquaint themselves with Site

by making site visit at their own cost.

1.7.7 An authorized representative of the bidder shall fill and digitally sign the Technical &

Financial Bid. The authorization shall be in the form of Power of Attorney

accompanying the tender.

Duly Notarized Power of Attorney must be supported with necessary documentary

evidence of the person/authority giving power of attorney like Partnership Deed,

Board Resolution, Memorandum & Articles of Association etc. indicating that the

person/authority issuing POA is authorized to issue such POA.

1.7.8 The bidder shall submit the Technical and Financial bids through e-mode.

(Through E-Mode) :

Bidder needs to login first on the tendering portal of SJVN, (i.e.

https://sjvn.abcprocure.com)

Search tender by filling necessary searching criteria after Login.

After finding the tender on the screen , Click on the “Dashboard”

Click on “Declaration” & then Click on “I Agree”

Click on the “Tender Fees” & Pay the Tender Fees Online

Click on the “EMD” & Pay the EMD as detailed under clause 14 of ITB Section-

II.

Click on “Prepare Bid” & Fill necessary Forms (Schedules)

After filling Price Bid Form click on “Final Encrypt”

After filling all forms & final Encryption of Price bid Click on “Final

Submission”

After Final Submission bidder will get receipt of Final Submission of their Bid

The bid/bids (except the documents specified in clause 6.2 below) sent through post/

courier or by hand will not be considered/accepted.

1.7.9 However, the bidder shall also submit the scanned copies of the following documents

along with technical bid through e-mode. The original of the same shall have to be



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submitted on or before the date & time mentioned in Sr. No. 1.2.0 (v) abovein a sealed

envelope clearly marked “Physical submission for tender no. DCB-CCD-ARCH-754-

01” through post/courier or by hand on the following address failing which the

financial bids will not be opened:

HOD(Civil Contracts),

Corporate Contracts Department (Civil),

SJVN Corporate Head Quarter, Shanan,

Shimla-171006, (H.P.)

I. Power of Attorney

A Power of Attorney indicating that the person(s) signing the Bid has the

authority to sign the Bid supported with necessary documentary evidence of the

person/authority giving power of attorney like Partnership Deed, Board

Resolution, Memorandum & Articles of Association etc. indicating that the

person/authority issuing POA is authorized to issue such POA and that the Bid is

binding upon the Bidder during the full period of its validity.

II. Copy of Valid NSIC/MSME Certificate /Udyog Aadhaar Memorandum number

/Proof of being a Startup (if applicable) towards relaxation in payment of tender

document fees and Bid security.

III. Integrity Pact duly signed by authorized representative of the bidder.

IV. Original FDR/BG in case EMD has not been paid through e-mode.

1.7.10 Submission of bids by the bidder implies that they have read this notice and all other

documents and have made themselves aware of the scope & specifications of the

services to be provided and local conditions and other factors which may have bearing

on the rendering of services.

1.7.11 Initially the Technical bid on e-mode will be opened on the specified date and time

mentioned at Clause 1.2.0 here-in-above or extended otherwise, in the presence of

bidders or their authorized representatives who may choose to attend. In case the day

becomes holiday, the bids will be opened at the same specified time on next working

day. Bids received after due date and time will not be entertained.

Financial Bid will be opened on a subsequent date for which an intimation will be

uploaded on e-mode to those bidders who meet the minimum qualifying requirements,

evaluation criteria specified in Tender Document and whose bid is found to be

responsive to the Tender Document.

1.7.12 If bidder does not provide clarifications/ documents in relation to bid by the date &

time prescribed by SJVN, further evaluation shall be done based on available

data/information.

1.7.13 The successful bidder shall be required to furnish performance security in accordance

with the provisions of Tender Document.

1.7.14 The Tender Document is not transferable and the cost of Tender Document is not

refundable under any circumstances.

1.7.15 Bids other than e-tenders shall not be accepted.

1.7.16 SJVN does not bind themselves to accept the lowest bid or any Bid or to give any

reasons for their decision.


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1.7.17 SJVN reserves the right to cancel/withdraw the Tender Document at any stage without

assigning any reason and shall bear no liability whatsoever consequent upon such a

decision.

1.7.18 SJVN reserves the right to extend the last date and time for submission/opening of

Technical and Financial bids or any other key dates of this Tender Document.

1.7.19 Purchase preference applicable as per Govt. of India policies and guideline from time

to time shall be given.

1.7.20 For any enquiry/clarification for registration, submission of bid and any other

information, the bidder may contact to the following person:

Sr. AGM (Civil Contracts)



Shimla-171006, (HP) India

Telephone No. +91-177-2660162

Email: [email protected]

Sr. Manager (Civil Contracts)



Shimla-171006, (HP) India

Telephone No. +91-177-2660161


1.7.21 All correspondence with regard to the above shall be made at the following address :

HOD(Civil Contracts)



Shimla-171006, (H.P.) India.

Telephone No. +91-177-2660161

Fax: +91-177-2660164





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SECTION-I

SCOPE OF SERVICES


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Scope of Services

1.0 DESCRIPTION:

SJVN Limited, a CPSE under Ministry of Power, Govt. of India, is a listed Company

implementing Power Projects in Himachal Pradesh, Uttarakhand, Bihar, Maharashtra

and Gujarat in India besides neighboring countries viz. Nepal and Bhutan totaling

6020 MW SJVN has expanded its horizons and envisions developing itself into a fully

diversified transnational Power Sector Company in all types of conventional & non-

conventional forms of energy along with Power Transmission. SJVN has been

conducting all its activities in an environmentally responsible manner.

Beginning with a single Project and single State operation SJVN has expanded its

horizons and envisions developing itself into a fully diversified transnational power

sector company in all types of conventional and non-conventional forms of energy

along with power transmission. SJVN aims to be a 5000 MW company by 2023,

12000 MW company by 2030 and 25000 MW company by 2040.

Chandigarh being the center point and a city with the functional airport is very

frequently traversed by the employees and senior management of SJVN. It, therefore,

own premise instead of a hired one is more justified, logical and economical in the

long run.

In pursuance of above SJVN has purchased plot no. 540 (2 Kanal plot) in Sector 33

Chandigarh. Now SJVN intends to develop the property by constructing a building

“Satluj Bhawan” (transit camp) for which consultancy services for planning,

designing and liaison works with local statutory/govt. authorities are required.

1.0.1 Topography of the site: 2 Kanal/ 1014 sq. yards. (78‟ x 117‟) of flat site.

1.0.2 The “Satluj Bhawan” tentatively consists of following Requirements:

1.0.2.1 RCC Framed Structure including basement floor.

1.0.2.2 Fire Fighting And Fire Alarm System.

1.0.2.3 Building Sevices i.e. MEP works.

1.0.2.4 Passenger Lift.

1.0.2.5 RCC Water Tanks.

1.0.2.6 Site development works and Rain Water Harvesting and storm water drains

etc.

1.0.2.7 Horticulture works/ Landscaping works and Boundary Wall.

1.0.2.8 Specialized E&M Works i.e. Sub-Station Equipments, Diesel Generating Sets,

Uninterrupted Power Supply, Precision Air Conditioning System, Solar Photo

Voltaic Power Generation System, Solar Water Heating System, CCTV

System, Access Control System, Lighting Automation Including Occupancy


Page | 18

Sensors, LAN System, IP Based EPABX System, Door Frame Metel Detector,

Boom Barrier, Emergency Light & Illuminated Signages, and Motorized Steel

Gate.

In order to incorporate latest & State of the art technologies, interior & exterior

design and to enable faster construction, SJVN now envisages to engage a

consultant for architectural design and planning, detailing, structure designing,

landscaping and electrical mechanical plumbing, sanitary etc. and issue good for

construction drawings.

The work of above mentioned Consultancy services consists of rendering services

for the Architectural Planning, Designing, Detailing, Structural Designing,

Electrical, Sanitary, Interiors, Landscaping, Fire Protection, Electrification, IT

&Telecommunication Systems, HVAC/ Ventilation System, Best in class

Acoustics, Fire Detection & Alarm and Fire Fighting System, Elevators, Signage,

Detailed Estimates, Preparation of Technical Specifications, Bill of Quantities for

tendering, Justification of Rates, Periodic Inspection, Evaluation of construction,

any other related services for the proposed construction of transit camp including

Parking i.e. “Satluj Bhawan” in Plot no. 540, Sector 33 Chandigarh, or any other

assigned work complete in all respects and handing over the same to SJVN. Any

statutory clearances required from Govt. Departments, Municipal Corporation,

Pollution Control Board, electricity board etc. shall be responsibility of the

Consultancy firm and payment of the same shall be regulated to the agency on

actual basis on submitting valid documentary proof. Any statutory fee deposited by

the consultancy firm on behalf of SJVN shall be reimbursed on submitting a valid

documentary proof.

The concept and design of the buildings shall be based on Innovative Modern

Global and Contemporary International Trends. The transit camp including Parking

i.e. “Satluj Bhawan” shall be designed as energy efficient building (optimum use of

solar energy), environmental friendly (Rain Water Harvesting) and a barrier free

environment etc. use of solar roof panels should also be integrated in design of the

building and using disaster resistant technologies etc.

1.0.3 The building design shall be best in class and shall be in line with modern trends

integrating the vernacular architecture of the region. The building shall be

environmental friendly, energy efficient and using both passive and active

intelligence to maximize benefits to its occupants. The building is proposed to be

designed as Barrier free and wheelchair accessible.

1.0.4 The concept and designs of the building shall be planned and designed to achieve

and obtain GRIHA-3 Star Rating minimum. However, all efforts shall be made to

obtain upto 5 star GRIHA star ratings.

1.0.5 The building should have structured cabling system for Voice, Data, and Video.

All the areas should be connected with state of the art LAN system.

1.0.6 The planning, designing & detailing of various components shall be done based on

local building Bye-laws, latest National Building Code & relevant BIS and IS

Codes, CPWD Specifications.


Page | 19

2.0 SCOPE OF SERVICES:

The Scope of Services shall include but not limited to the following: -

2.0.1 Study Existing Land and building uses of the site, exiting patterns of the water

supply, Drainage, Circulation Pattern and Parking. Undertaking site visits to

collect details / data / information required for planning purpose, holding necessary

discussions with the SJVN and obtaining requirements of project and attending

meetings at site of work or SJVN Office as and when required by SJVN.

2.0.2 To prepare necessary documents & drawings by carrying out detailed survey and

geo technical investigations in accordance to relevant BIS Codes and CPWD

Specifications for the site of the project.

2.0.3 Preparation and submission of preliminary concept drawings including layout plan

of concerned area with Green building tech features to obtain minimum GRIHA 3

Star Rating, a brief report & detailed cost estimates based on latest CPWD Rates

and obtaining necessary approvals from SJVN/statutory bodies/ Ministry of

Environment and forest etc..

2.0.3 (a) Preparation and submission of detailed walk through model, 3-D model,

perspective as per the requirement of SJVN including their

presentations thereof. The presentation(s) should be with the walk

through model, 3-D model, photographs, perspectives and other

documents to SJVN etc., as and when required, in connection with

approval from SJVN and Statutory Bodies at no extra cost to SJVN.

2.0.3. (b) Furnish a preliminary report on environmental impact of the project and

measures required for mitigating the adverse impact if required.

2.0.3. (c) The building including all the services will be designed according to

GREEN BUILDING Concepts and for maximizing energy efficiency.

It aspires to achieve a leadership in energy and environment design

rating. The building shall be planned and designed to achieve and

obtain GRIHA-3 Star Rating minimum. However, all the efforts shall

be made to achieve higher GRIHA Star Ratings. The GRIHA

Consultant shall be appointed separately by the architect at its own cost

and it shall remain in the responsibility of the consultant to provide all

required inputs, details, drawings and designs as well as to coordinate

with GRIHA Consultant to obtain GRIHA-3 Star Rating minimum.

However, any statutory fee paid to any Govt. body shall be reimbursed

as per actual by SJVN on submission of a valid documentary proof.

2.0.3. (d) Preparation and submission of drawings including layout plan of

concerned area, a brief report for obtaining necessary approvals/Rating

from SJVN/Statutory bodies and GRIHA including preparation &

submission of models, photographs, perspectives and other documents,

giving presentations etc., if required, in connection with approval from

SJVN and Statutory Bodies and GRIHA.


Page | 20

2.0.4 Obtaining approval from any Statutory Body/Local Govt. Body like Municipal

Corporation, Town and Country Planning Department, Pollution Control Board,

National Highway Authority, Fire department etc. as applicable to this project for

execution of work or for approval of designs/drawings of the scheme.

2.0.5 Consultant has to prepare and submit detailed bills of quantities, design, detailed

estimate including preparation and submission of detailed take off calculation

sheets, and list of approved makes, detailed specifications of non-schedule items,

analysis of rates/justification of rates for each and every building/structure

including all internal & external services, investigations complete based on

approved concept plans and including getting necessary approvals from SJVN/all

Statutory Bodies etc. for all work involved including issue of adequate number of

tender documents along with necessary drawings for the purposes of inviting

tenders including giving necessary advice (if required) in deciding the award of

work. Separate documents may be required to be submitted for different works as

decided by SJVN and will be final and binding on consultant, no extra payment in

this regard will be payable to consultant.

2.0.6 Preparation and submission of detailed Architectural drawings, designs and

specifications for building/structures suitable for construction and releasing to site

“Good for Construction” drawings including getting necessary approval from

SJVN/ Statutory bodies wherever required.

2.0.6.(a) Preparation and submission of detailed designs, drawings and documents

for all internal utility services like plumbing fire-fighting, electrification,

fire detection, Ventilation System, lifts, telephones, EPABX, public

address system, communication, networking acoustics, Green Building

Features and other specialized services as per the requirements of the

project suitable for construction and release to site –“Good for

construction” drawings including getting necessary approval from SJVN/

Statutory bodies wherever required.

2.0.7 Preparation and submission of detailed structural designs drawings, fabrication and

erection drawings based on approved Architectural drawings, for various

buildings/structures complete, suitable for construction and release to site “Good

for Construction” drawings including getting approvals from SJVN/ Statutory

bodies wherever required.

2.0.7(a) The Consultant shall submit the detailed structural analysis, designs,

calculations and drawings confirming to provision of Bureau of Indian

Standards (BIS) codes/ standards (latest revision) for execution. The

Consultant shall submit the calculations, analysis and drawings in

editable soft as well as hard copy. He shall also submit a certificate of

structural stability by a qualified Structural Engineer (Post Graduate in

Civil Structural Engineering). On review if required, the consultant will

be bound to make changes suggested by SJVN.

2.0.8 Preparation of designs, drawings and documents for external utility services like

Ventilation/ HVAC system, water supply, sewerage, storm water drainage, fire

hydrants schemes, water and sewerage systems, water supply in-take arrangements,

Solar Water Heating System, Rain Water Harvesting, Green Building Features,


Page | 21

roads, street lighting, telephone system, and other related schemes, landscaping,

horticulture, arboriculture, furniture and fixtures, paths, boundary walls and any

other specialized extra services as per project requirement suitable for construction

and release to site “Good for construction” drawings including getting necessary

approvals from SJVN/ Statutory bodies wherever required.

2.0.9 Preparation and submission of detailed designs, drawings and documents pertaining

to all interior decoration, Signage, furniture, furnishing, equipment and other

similar services for buildings/structures required for construction and release to site

“Good for Construction” drawings including getting necessary approvals from

SJVN wherever required.

2.0.10 Preparation and submission of drawings/details of any other items (s) not mentioned

above but required for completion/execution of project as per requirement of

SJVN.

2.0.11 Carrying out all modifications/ deletions/ additions/ alteration in design/drawings/

documents as required by SJVN/ Statutory bodies for proper execution of works at

site till completion and handing over of the project.

2.0.12 Undertaking site visits for periodic supervision of works to ensure adherence on the

part of the contractor‟s execution of work as per detailed drawings and

specifications, including sorting out problems and issue of necessary clarifications

at site – as & when required including preparation & issue of additional drawings

and details for proper execution of work at site till completion of project. 10

number site visits by the Principal Architect of the site shall be mandatory. It is

mandatory that one permanent architect (Graduate/ degree holder) having the good

Architectural knowledge and minimum five year experience after graduation will

be deputed at site in Chandigarh during the construction period by the consultant

for smooth coordination with the project Team of SJVN at his own cost.

2.0.13 Preparation and submission of completion reports, completion drawings and

documents for the project as required and acceptable to SJVN including getting

necessary completion certificates, from statutory bodies. The completion

documents shall be submitted in soft copy also in an acceptable format to SJVN.

2.0.14 Submission of completion drawing to Concerned authority and seeking its approval

i.e. obtaining completion certificate.

2.0.15 Defects Liability Period for this project is 6 months, which shall be reckoned from

the date of taking over of the building by SJVN or issue of completion certificate

by SJVN. The consultant shall visit the site and provide all the

drawings/details/specifications for rectification of defects, if any during the Defects

Liability Period.

2.0.16 The above scope is indicative and SJVN reserves the right to add or delete the

building (s) or any other Scope of Services as a whole or in part without assigning

any reasons thereof. The Consultant shall have no claim whatsoever on this

account.

In consideration of the fees hereby agreed to be paid to the Consultant, the

Consultant shall faithfully, expeditiously, economically and honestly perform the


Page | 22

services (2.0.1 to 2.0.15) for the building awarded for consultancy work as per time

schedule enclosed at Annexure-I.

3.0 INDICATIVE BUILDING DESIGN BRIEF: -

S.no Area Provisions Remarks

1. Project

Objective

To create a building that is environmental friendly, energy

efficient and uses both passive and active intelligence to

maximize benefit to its occupants.

2. Building life One hundred years

Twenty-five years without a major retrofit

Embedded intelligent and IT systems to become eligible for a

retrofit/upgrade every ten years.

3. Design

Philosophy

(In the order of

listing)

Use passive intelligence and Concepts to maximize energy

efficient features.

Incorporate state-of-art active intelligent systems to: -

Maximize Energy Conservation.

Reduce manpower deployment for services and systems.

Provide a safe, secure and healthy environment.

Provide seamless communication both internally and externally

Provide embedded resilient and redundant systems to ensure

that building integrity and functionality is not compromised in

the event of isolated failure.

Provide embedded fault detection, notification and adaptation

ability.

Use the adage „Maintenance over aesthetics‟.

Audit design from a maintenance perspective.

Avoid use of prototype technology.

Ensure compliance with established codes and fit-for-approval

by statutory agencies.

4. Architectural - Building bye-laws and

controls to be followed.

4.1 Building

Description

Ultra-chic and city Landmark.

4.2 Interior space

maximization

Column-free interiors

4.3 Energy

conserving

facades

„Concepts to be used for

conserving energy and reducing

light and other load.

High-performance

glazing to be used.

4.4 Structural

Building

Earthquake resistant RCC structure

as per concept.

RCC as per structural

design as applicable.


Page | 23

Material

4.5

Water

Conservation

Low volume flushing utilities

Leak proof plumbing

Water re-cycling

Rain water run-off capture for

ground water re-charge.

Embedded sensors for monitoring

water quality.

Building should be water

self-reliant, through use

of rain water harvesting

to the extent possible.

4.6 Urinals Waterless/ Low water design.

4.7 WC Low Water design

4.8 Space

Utilization

Flexible-Interiors

4.9 Shared

Resources

Parking

Maintenance

Store (discards pending disposal)

Water Management Sewage

Management Systems

All Services

infrastructure is to be

located at a suitable

place.

5 HVAC/

Ventilation

System and

Energy

efficiency

Special provisioning for

Parking, Battery Room,

Control room etc.

Provision for integration

with facade heat capture

systems.

Features to enhance energy

efficiency e.g. integrated

with sensors to monitor

space occupancy for system

load optimization.

A ducted ventilation system

will be used for the parking,

if required.

Design and features

should be designed to

accumulate GRIHA

points.

No „sick building

syndrome‟

Co-2 levels to be

monitored for air quality

surveillance.

HVAC/ Ventilation

System is to be

integrated with the fire

control system to

evacuate smoke and toxic

fumes.

It should be linked to the

IBMS

6 Electrical and

Lighting CAT-7 or Latest

Proprietary Cabling to be

used.

Passive intelligent building

design will be undertaken to

ensure maximized use of

ambient light.

Energy efficient lights

and fixtures would be

used.

Possibility of „Low-

Power‟ lighting can be

explored.


Page | 24

Use of technology such as

„Passive Fiber-Optic Day-

Lighting should be explored

for providing natural light

to confined spaces.

Use of Photo chromatic or

„Double Glazed‟ windows

with powered blinds to be

used.

Powered lighting will be

energy efficient. Motion

sensors will monitor space

usage and switch on/off

powered lights in

conjunction with ambient

light.

Over-ride provisions will be

provided for aesthetic

lighting.

Lighting will be context

specific.

Smart lighting system such as

signage light, Profile

light,50W,Recessed type ceiling

LED,2X18W LED

Battens,50W,400k,Dimmable led

etc.

7 Telecom

Services

1. Building will be completely

WI-FI. „Bluetooth‟ enabled

devices will be used.

2. The following services will

be provided on the WI-FI

Laptop.

Broadband (Including E-

mail, Electronic Fax, E-

Document transfer)

Video-conferencing

Knowledge Management

Software

Other competing

technologies such as

WLAN and GSM may be

evaluated. Wireless

Broadband feasibility

and provisioning to be

made.

8 Security 1. CCTV will be used for

entry/exit points, elevators

and common areas.

9 Fire systems The building must determine „very

early‟ the possibility of a fire

before it actually erupts. This can

be accomplished by very early

Smoke Detection Apparatus

(VESDA) based fire detection

systems. Subsequently, it identifies

A self-diagnostic system

that can detect electrical

malfunctions (a major

cause of fire) can be

incorporated in the fire

detection system.


Page | 25

4.0 CONSULTANCY FEE

4.1 For the consultancy services as per Scope of Services and terms & conditions,

consultancy fee/ charges shall be quoted by the bidder in Price Schedule, Section-

V. The payment of consultancy fee/ charges shall be released as per stages of

payments given in Payment Schedule mentioned in clause 4.5 below.

4.2 The rate/ fee/ charges provided in the Price Schedule, Section-V should remain

firm and no escalation due to any reason whatsoever during the pendency of the

contract shall be payable.

4.3 Any statutory payment/ fees to Government/ Local Authorities of Government

deposited by the consultancy firm on behalf of SJVN for obtaining clearances of

works covered in the scope to the concerned authorities shall be reimbursed as per

actual on production of documentary proof.

its precise location and

prognosticates its spread pattern.

This activates the automatic fire

mitigation and control devices. It

raises an alarm and informs

occupants to evacuate the building

through the best route and activates

event specific signage. It then

announces this through automatic

voice spiels (Human voice may

contain inflexions that may set off

a panic). It also uses air channels

controlled by Ventilation System

to evacuate smoke and fumes so

that orderly evacuation is

faciliated.

Special provisions such

as infra-red heat sensor

based systems may be

necessary for Computer

rooms.

10 Elevators The elevator system will be able to

map the traffic pattern and

configure its movements

accordingly

It will be linked to the fire-

management system so that its

movement can be controlled for

evacuation.

It will have CCTV and its

light/ventilation will also be

controlled based on occupancy.

The traffic pattern can be

determined by: -

Transducers embedded in

the floor to monitor

incident load.

Input from access

point.

Combination thereof.

11 Furniture Customized and factory

Built.(World class reputed

manufacturers)The sample shall be

approved from SJVN EIC.


Page | 26

4.4 Unless otherwise specifically provided in the Contract, the rate/ fee/ charges

provided in Price Schedule, Section-V shall be deemed to include cost, charges of

all the items of work stipulated in Scope of Services including any incidental,

ancillary and any other item of work/ service(s) which are not specifically

mentioned in the contract, but are considered necessary to complete a certain item

of work/ service(s).

4.5 STAGES OF PAYMENT OF CONSULTANCY FEE: Consultancy fee shall be

paid as per progress of the building as per payment schedule as per Annexure-1.

5.0 MILESTONES FOR LD

The schedule for achievement of major milestones of works and compensation for

delay are as detailed in Section-IV, Schedule-A.

6.0 INPUTS TO BE PROVIDED BY SJVN

Documents related to ownership of the plot shall be provided by the SJVN.

NOTES

1. SJVN shall release running payments on pro-rata basis for various stages

depending upon extent of their completion and statutory deductions, and decision

of SJVN in this regard shall be final and binding on the consultant. No claim in this

regard shall be admissible on SJVN or payable by SJVN.


Page | 27

Annexure – 1

TIME SCHEDULE FOR SUBMISSION / ISSUE OF DRAWINGS AND STAGES

OF PAYMENT:

S.

No. ACTIVITIES

PREDEC

ESSOR

SL. NO.

PERIOD

OF

COMPLETI

ON FROM

DATE OF

ISSUANCE

OF LOA

(Days)

EXTENT OF

PAYMENT

(%AGE OF FEE

PAYABLE OF

TOTAL

CONSULTANC

Y FEE/

CHARGES)

1 Collection of data from site and local

bodies by consultant and submission of

inception report for discussion (Scope as

per Para 2.0.1 to 2.0.2)

- 10

7%

2 Presentation on concept (s) to SJVN

(Scope as per Para 2.0.3) 1 18

3 Finalization of concept including

modifications if any and approval of

concept by SJVN (Scope as per Para

2.0.3)

2 30 5%

4 Approval from statutory authorities M.C.,

PCB etc. (Scope as per Para 2.0.4) 3 90 3%

5 Preparation and submission of walk

through model, 3d model & perspective

etc. (Scope as per Para 2.0.3 a)

3 90 3%

6 Preparation of tender documents a/w

tender drawings, technical specifications,

BOQ, detailed scope of work etc. For the

purpose of supplementary tendering for

the works required to be completed as per

approved concept by SJVN as required

by SJVN. (Scope as per Para 2.0.5)

3 105 9%

7 Tendering and award of construction and

allied services works by SJVN. 6 180 3%

8 Completion of detailed working drawings

including Structural and Architectural

drawings (Scope as per Para 2.0.6 &

2.0.7)

3 180 15%


Page | 28

9 Completion of construction works (Scope

as per Para 2.0.8 to 2.0.13) 3 545 -

9

(a)

Submission of Excavation / Site

development drawings - - 5%

9

(b)

On completion of 10% of work* with

drawings and details required submitted - - 5%

9

(c)


drawing and details required submitted - - 5%

9

(d)


drawings and details required submitted - - 5%

9

(e)


drawings and details required submitted - - 7.5%

9

(f)


drawings and details required submitted - - 7.5%

9

(g)

On virtual completion of work* including

any revisions required in the drawings

and details

- - 10%

10 Obtaining Completion Certificate from

statutory bodies (Scope as per Para

2.0.14)

9 575

10% 11 Handing over of the project 9 575

12 Obtaining GRIHA certification 9 600

13 Defect Liability Period (Scope as per

Para 2.0.15) 9 780

* Percentage (%) completion of work shall mean Percentage (%) of award value of the Building

or varied cost of the building (i/c variations, allied works etc. as per EIC), whichever is higher.

-End of Section-I-


Page | 29

SECTION-II

INFORMATION FOR

BIDDERS


Page | 30

DELETED


Page | 31

SECTION-III

INSTRUCTIONS TO

BIDDERS


Page | 32

Instructions to Bidders

1. Scope of Services:

The scope and details of services to be rendered are given in Section-I under the

heading “Scope of Services”. The bidders are advised to study the same carefully

before submission of bid and they shall be deemed to have fully acquainted

themselves with the same.

2. Sufficiency of tender:

2.1 The bidders in their own interest are advised to inspect the sites and their

surroundings and satisfy themselves before submitting their tenders in respect of

the site conditions, which may have bearing on his service(s) and cost thereof

under the contract.

2.2 The bidders should note that information, if any, in regard to site and local

conditions, as contained in these Tender Documents, has been given merely to

assist the Bidders and is not warranted to be complete.

2.3 The bidders should note and bear in mind that the Employer shall bear no

responsibility for the lack of acquaintance of the sites and other conditions or any

information relating thereto, on their part. The consequences of the lack of any

knowledge, whatsoever, as aforesaid, on the part of the bidders shall be at their risk

and cost and no charges or claims, whatsoever, consequent upon the lack of any

information, knowledge or understanding shall be entertained or payable by the

Employer.

2.4 The bidder shall be deemed to have satisfied himself as to the correctness and

sufficiency of his tender for the services as detailed in this Tender Document and

the lump sum fees and charges (to be quoted in Part-A of BOQ) shall cover all his

obligations under the Contract and all matters and things necessary for the proper

rendering of Services in accordance with the provisions of the Contract.

3.0 Eligibility criteria

3.1 This invitation to bid is open to all registered Consultancy Firms/Architects from

India who meet the Qualification Criteria as indicated hereunder.

3.2 The bidder should meet the following minimum qualifying requirements:

(A) Technical Criteria

The bidder must have experience of having completed following consultancy

assignment (s) during the last 7 (seven) years ending last day of month previous to the

one in which bids are invited :

a) One similar consultancy assignment wherein consultancy fees paid to the bidder is

not less than INR 18.79 lakh or

b) Two similar consultancy assignments wherein consultancy fees paid to the bidder

is not less than INR 11.75 lakh each or

c) Three similar consultancy assignments wherein consultancy fees paid to the

bidder is not less than INR 9.40 lakh each


Page | 33

Similar works hereby means that Architect firm should have completed

consultancy assignment of requisite consultancy fees as indicated above for

comprehensive Architectural services including planning and designing of

Bungalows/ Villas/ Guest houses/ Transit Camps/ Hotels/Motels/ Resorts.

Note: (i) Experience certificate and work order (LOA) from employer would be

required to substantiate the experience in all cases.

(ii) In case of evidence of experience against qualifying requirement has

been issued by non-governmental organization, copy of TDS issued by

client/owner against the said consultancy assignment is required to be

submitted by the bidder.

(B) Financial Criteria

The Average annual turnover of the bidder from related business in the preceding

three financial years ending 31.03.2019 shall not be less than INR 7.05 lakh.

Note:

(i) For bidder‟s financial evaluation, annual financial statement, audited / duly

signed by CA, as the case may be (Balance sheet, profit & loss / Statement of

income & expenditure, Auditor Report and relevant schedule forming part of

audited annual financial statement) for immediate preceding three years shall

be submitted by the bidder. Where the turnover is not bifurcated and revenue

received from consultancy services are not available then the certificate from

the statutory auditor / chartered accountant in respect of revenue against

consultancy services needs to be furnished.

(ii) In case if annual financial statements for FY 2018-19 have not been

prepared/available, then a certificate duly signed by CA/statutory auditors (as

the case may be) for turnover from related business may be submitted by the

bidder.

(C) In case the bidder is a proprietary concern then the proprietor should be registered

with the Council of Architecture (India). In case the bidder is a firm then at least

one of the Partners/Directors or Principal Architect of the firm should be

registered with the Council of Architecture (India). The registration should be

valid on the date of opening of the techno-commercial bids. Documentary proof in

the form of copy of the Registration certificate(s) in support of the above to be

submitted by the bidder failing which their bid will not be entertained.

Notes:

i. The subsidiary companies/firms, who intend to get qualified on the basis of

experience of the parent companies/firms, shall not be considered and vice

versa.

ii. In case of a Company/firm, formed after merger and/ or acquisition of other

companies/firms, past experience and other antecedents of the merged/

acquired companies/firms will be considered for qualification of such

Company/firm provided such Company/firm continues to own the requisite

assets and resources of the merged/ acquired companies/firms relevant to the

claimed experience.


Page | 34

iii. If the consultancy assignment for which the experience is being claimed has

been completed in the last SEVEN (7) years period, even if it has started

earlier, the same will be considered.

iv. The word „completed‟ hereby means that consultancy fees as indicated in

clause 3.2 (A) above must have been paid to the bidder in the SEVEN (7) years

period ending last day of month previous to the one in which bids are invited.

The consultancy fees shall be inclusive of GST/Service Tax (as applicable).

v. The bidder shall provide completion certificate to substantiate the experience

from client for consultancy assignment. The completion certificate hereby

means that certificate of successful completion of consultancy assignment of

architectural planning and designing of Bungalows/ Villas/ Guest houses/

Transit Camps/ Hotels/Motels/Resorts by the client ((Employer) and bidder

should not have any affiliation in terms of subsidiary/ parental company/group

company

vi. Joint-venture/ consortia of firms/ companies shall not be allowed and the bidder

should meet the above criteria themselves.

vii. In case the experience is in currency other than INR, the conversion rate for the

purpose of evaluation of Bidder shall be the daily exchange rate for similar

transactions published by the SBI, as on 28 days prior to the Last Date of

Submission of bids.

3.3 Even though the bidders meet the above qualifying criteria, they are subject to be

disqualified if they have made misleading or false representations in the forms,

statements, declarations and attachments submitted in proof of the qualification

requirements; and/or

3.4 Bidders should not be under a declaration of ineligibility for corrupt/fraudulent

coercion/collusion practices and defaults committed under Integrity pact by the

Central Government / State Government or any of its agency / department, public

sector undertaking or autonomous body or any authority by whatever name called.

3.5 To improve transparency and fairness in the tendering process the Employer is

implementing Integrity Pact.

The Integrity Pact, signed by all the prospective Bidders and the Employer, shall

commit the persons/officials of both the parties, not to exercise any corrupt

/fraudulent/collusive/coercive practices in the Tendering process and also during

implementation of the Contract. Only those Bidders who have entered into

Integrity Pact with the Employer shall be eligible to participate in the bidding

process. Entering into Integrity Pact as per Performa (enclosed in Section-VII) is a

basic qualifying requirement. Bidders signing Integrity Pact shall not approach the

Courts while representing the matter to IEMs and he/she will await the decision in

the matter.

The Integrity Pact signed on behalf of Employer is enclosed.


Page | 35

To oversee the compliance of obligation under the Integrity Pact, Dr. Jai Pal Singh

has been appointed as Independent External Monitor(s) (IEM) by the Employer.

The Contact address of IEM is as under:-

C/o Corporate Civil Contracts Department,

Shakti Sadan, 2nd Floor, SJVN Ltd.

SJVN Corporate Head Quarters, Shanan,

Shimla-171006

The Integrity Pact duly signed on behalf of the Employer is given in Section - VI of

these Tender Documents. The Integrity Pact shall be downloaded, printed and

signed by the bidder and the hard copy shall be submitted as provided in clause 8.2

of ITB.

The successful bidder shall submit duly executed Integrity Pact on Non-Judicial

stamp paper of appropriate value prior to signing of Contract Agreement.

4. Signing of tender:

Tenders should be submitted in the prescribed form and the same should be signed

properly on each page of the bid document as laid down hereunder:

a) If the tender is submitted by an individual, it shall be signed by the individual

above his full name and with his current business address.

b) If the tender is submitted by a proprietary firm, it shall be signed by the

proprietor above his full name and full name of his firm with its current

business address.

c) If the tender is submitted by a firm in partnership, it shall be signed by all the

partners of the firm above their full names and current business addresses, or

by a partner holding the power of attorney for the firm by signing the tender

in which case a certified copy of the power of attorney shall accompany the

tender. A certified copy of the partnership deed and current business address

of all the partners of the firm shall also accompany the tender. If the bidder

happens to be a HUF, then the bid should be signed by the “KARTA” of the

HUF.

d) If the tender is submitted by a limited company or a limited corporation, it

shall be signed by a duly authorized person holding the power of attorney for

signing the tender in which case a certified copy of the power of attorney

shall accompany the tender. Such limited company or corporation may be

required to furnish satisfactory evidence of its existence before the contract is

awarded.

e) All witnesses and sureties shall be persons of status and their full names,

occupations and addresses shall be stated below their signatures. Signatures

of the person authorized to sign the tender should be affixed on each page in

the tender document.

f) The tender for the services shall not be witnessed by a tenderer or bidders

who himself/themselves has/have tendered for the same services. Failure to

observe this condition shall render the tenderer as well as of those witnessing

the tender liable to rejection.


Page | 36

5. Bid Security /Earnest Money (EMD)

5.1 The Bidder shall furnish, as part of the Bid, Bid Security / Earnest Money Deposit,

for the amount specified in the NIT through either of the following modes:

a. E-payment: Through online payment as per the procedure of e-payment

mentioned in NIT.

b. Bank Guarantee: In the form of an irrevocable, valid and fully enforceable

Bank Guarantee in favour of SJVN Ltd. from any Indian nationalized

bank/scheduled bank in India in the form acceptable to Employer.

Bank Guarantee in original shall be submitted in accordance with clause 8.2 of

ITB. However, the issuing Bank shall submit an unstamped duplicate copy of

Bank Guarantee directly by Registered Post (A.D) to the Employer (authority

inviting tenders) with a forwarding letter.

The format of the bank guarantee shall be in accordance with the form of bid

security included in Section-VI. Bid securities shall remain valid for a period of

30 days, beyond the bid validity period.

c. FDR : In the form of FDR pledged to SJVN from any Indian nationalized

bank/scheduled bank in India.

5.2 Any bid not accompanied by an acceptable Earnest Money Deposit and duly signed

Integrity Pact shall be rejected by the Employer as non-responsive.

5.3 The bid securities of unsuccessful bidders will be returned within thirty days after

issuance of LOA to the successful Consultant.

5.4 The Earnest Money Deposit of the successful Bidder will be discharged when the

Bidder has signed the Agreement and furnished the required Performance Security

Deposit.

5.5 The Earnest Money Deposit may be forfeited:

a) If the Bidder withdraws or modifies the Bid after bid opening (technical

bid) during the period of Bid validity or

b) If the Bidder adopts corrupt or fraudulent or collusive or coercive practices,

or commits default under Integrity pact

c) In the case of a successful Bidder, if the Bidder fails within the specified

time limit to:

i. sign the Agreement; and/or

ii. furnish the required Performance Security Deposit and/or

iii. Commence the work as per GCC Clause 12.

6.0 Submission of document

6.1 The bidder along with his tender shall submit the following:

a) Tender form as per format enclosed in Section-IV.

b) Copy of Registration Certificate; Copies of the original document defining

the Constitution or legal status, place of registration, principal place of


Page | 37

business, Council of Architecture registration Certificate and written power

of attorney of the signatory of the Bid to commit the Bidder.

c) Proof of experience as per eligibility criteria mentioned at para 3 above.

d) Scanned copy of Valid NSIC/MSME Certificate /Udyog Aadhaar

Memorandum number (if applicable).

e) Scanned copy of Power of Attorney.

f) Total monetary value of consultancy works performed for each of the last

Seven years and corresponding value of works/services with certificate from

clients/owners;

g) Details of facility available for office automation & design/ drafting;

h) Proposed manpower to be utilized for carrying out services under the

Contract discipline wise along with their names, qualification and experience;

i) Annual financial statement (audited/duly signed by CA, as the case may be)

(Balance sheet, profit & loss account/ Statement of income & expenditure,

Auditor Report and relevant schedule forming part of audited annual

financial statement) for immediate preceding three years shall be submitted

by the bidder. Where the turnover is not bifurcated and revenue received

from consultancy services are not available then the certificate from the

statutory auditor / chartered accountant in respect of revenue against

consultancy services needs to be furnished. In case if annual financial

statements for FY 2018-19 have not been prepared/available, then a

certificate duly signed by CA/statutory auditors (as the case may be) for

turnover from related business may be submitted by the bidder;

j) The proposed Approach and methodology for architecture works to undertake

and fulfill the objectives of consultancy service as per relevant specifications

and within the stipulated period of completion along with Schedule in bar

chart form (Ref Clause 1.8 of Qualification Information and Schedule-C).

k) Relevant data required for evaluation of Technical Bids through Quality

Based Selection

6.2 Language of tender

Tender shall be submitted in the prescribed form in English language only. All

literature and correspondence in connection with the tender shall also be submitted

/made in English language only.

7.0 Pre-Bid Meeting

7.1 The Bidders are invited to attend a Pre-Bid meeting, which will take place at the

venue and time stipulated in the NIT. Non-attendance at the pre-bid meeting will

not be a cause for disqualification of a bidder.

The purpose of the meeting will be to clarify issues and to answer questions on any

matter that may be raised at that stage. The Bidder is requested to submit any

questions through e-mail not later than 3 days before the pre- bid meeting which

will be responded to and clarified in the Pre-Bid meeting.

Any modifications of the Tender Documents, which may become necessary as a

result of the Pre-Bid meeting, shall be made by the Employer exclusively through

the issue of an Addendum pursuant to clause 7.2.


Page | 38

7.2 Amendment to Tender Documents

At any time prior to the deadline for submission of Bids, the Employer may, for

any reason, whether at its own initiative, or in response to a clarification requested

by a prospective Bidder, amend the Tender Documents by issuing Addenda.

Any Addendum thus issued shall be part of the Bid Documents and shall be

communicated only through the portal https://sjvn.abcprocure.com. The

communication/alert regarding the notification of amendment shall also be sent by

the portal directly to all the prospective bidders. The amendments to the Bid

Documents will be binding on the bidders and the notification of the amendment

through portal, sent to the prospective bidders, shall be deemed to be construed that

such amendment(s) to the Tender Documents have been taken into account by the

Bidder in its bid.

To give prospective Bidders reasonable time in which to take an Addendum into

account in preparing their Bids, the Employer shall extend as necessary the

deadline for submission of Bids, and notify on portal https://sjvn.abcprocure.com

where all prospective bidders may see the extended deadline.

8.0 Submission of tender

8.1 The tenders are to be submitted though e-mode on or before last date of submission

of tenders, in two separate parts as indicated below:

a) Part-I - Technical Bid (to be submitted through e-mode only) – will contain

the technical proposal, EMD and Integrity Pact (duly signed) as per Para 6.1

above and all requisite documents as mentioned in Para 6 above. The disclosure

of any price information in this envelope may render the bid as liable to be

rejected.

b) Part – 2 – Price Bid – (to be submitted through e-mode only). A separate Price

schedule is uploaded on e-mode for quoting prices by the bidder. The price bid

shall contain the prices for the various services as defined in this Tender

Document. The bidder shall also submit breakdown of cost in Part-B on e-

mode.

8.2 Submission of Document in Physical Form

The Bidder shall submit the Technical and financial bid through e-mode.

However, the Bidder shall also submit the scanned copies of the following

documents along with technical bid through e-mode. The original of the same shall

have to be submitted on or before the specified date and time mentioned at Clause

1.2.0 of Detailed Notice Inviting Tenders in a sealed envelope through post /

courier or by hand.

I. Power of Attorney

A Power of Attorney indicating that the person(s) signing the Bid has the

authority to sign the Bid supported with necessary documentary evidence of the

person/authority giving power of attorney like Partnership Deed, Board

Resolution, Memorandum & Articles of Association etc. indicating that the




Page | 39

person/authority issuing POA is authorized to issue such POA and that the Bid

is binding upon the Bidder during the full period of its validity.

II. Copy of Valid NSIC/MSME Certificate /Udyog Aadhaar Memorandum

number /Proof of Startup (if applicable) towards relaxation in payment of

tender document fees and Bid security.

III. Integrity Pact duly signed by authorized representative of the bidder.

IV. Original FDR/BG in case EMD has not been paid through e-mode.

Failing which the financial bid will not be opened.

8.3 The listed documents in physical form should be submitted to:

HOD (Civil Contracts)

Corporate Contracts Department (Civil)

SJVN Corporate Head Quarter, Shanan, Shimla-171006 (H.P)

Telephone No. +91-177-2660161

Fax: +91-177-26660164


9.0 Opening and evaluation of tender:

9.1 The tenders are to be submitted in the manner as described at para 8 above.

9.2 The Employer shall have the right to reject all or any of the tenders without

assigning any reason and will not bound to accept the lowest or any tender or to

give any reason for their decision.

9.3 The Employer reserves its right to postpone and/or extend the date of receipt of or

to withdraw the tender notice without assigning any reason thereof, entirely at the

discretion of the Employer. In such any event, bidders shall not entitled to any

compensation in any form whatsoever.

9.4 The technical bids shall be opened on stipulated date in the presence of bidders/or

his authorized representative who may like to be present at the time of tender

opening. Technical Bid on e-mode shall be opened at the date and time mentioned

under Clause 1.2.0 of Detailed Notice Inviting Tenders.

9.5 Evaluation of Technical Proposals (QCBS)

In Quality Cost Based Selection (QCBS), Proposals will be ranked according to their

total score (S) i.e. combined technical (St) and financial (Sf) scores using the weights,

which will be determined as under:

(a) 40% weight-age will be given to the Technical Score (St).

(b) 60% weight-age will be given to the financial score (Sf).

While evaluating the proposals, the evaluation committee shall evaluate the

proposal and would assign the marks independently and then the assigned marks

would be averaged out. The bidder shall have no right to challenge the marks

assigned by the individual committee member/ committee members and committee

member/s shall have no liability to applicant in this regard. No correspondence

would be entertained challenging or contesting the marking by the committee

member/s or by SJVN.



Page | 40

Technical Proposal shall be evaluated in two stages as under:

Stage-1

–Evaluation of the Qualifying Requirements – initially it shall be seen whether the

Consultant/Firm fulfils the following requirements or not

a) The bid proposal is accompanied by the requisite bid security in the manner

and form stipulated in tender document.

b) The proposal has been properly digitally signed by an authorized signatory

holding legally enforceable Power of Attorney (i.e., duly notarized) in his

favour.

c) The requirements as stipulated in Eligibility Criteria mentioned in the tender

document.

d) Undertaking in respect of blacklisting of consultants /firms.

e) Responsiveness of bid to the requirement of Tender document

A substantially responsive bid is the one that meets the requirements of the Tender

document including time for completion, without material deviation or reservation or

omission. A material deviation or reservation or omission is the one which (a) affects in

any substantial way the scope, quality or performance of the Works specified in the

Contract, or (b) limits in any substantial way, in consistent with the Tender Document, the

Employer‟s rights or the Consultant‟s obligations under the Contract, or (c) whose

rectification would unfairly affect the competitive position of other bidders presenting

substantially responsive bids.

During the evaluation of bids, the following definitions apply :

a) “Deviation” is a departure from the requirements specified in the Tender

Document;

b) “Reservation” is the setting of limiting conditions or withholding from

complete acceptance of the requirements specified in the Tender Document;

and

c) “Omission” is the failure to submit part or all of the information or

documentation required in the Tender Document.

If a Bid is not substantially responsive, it will be rejected by the Employer, and

may not subsequently be made responsive by correction, alteration, modification,

substitution or withdrawal of the non-conforming deviation, condition,

qualification, or reservation.

The Employer may waive any minor non-conformity or irregularity in a bid that

does not constitute a material deviation and that does not prejudice or affect

relative ranking of any bidder.

The proposal shall be rejected at this stage itself if it does not fulfil the above

requirement.

In case Architectural Consultant/firm meets the above requirement further stage-2

evaluation shall be carried out as under:


Page | 41

Stage-2-

Under this stage the bidders short listed after Stage-I as above shall be evaluated on

the basis of documentary proof submitted as per the criteria given below. They shall

submit the desired documents & their design concept in sealed envelopes.

The committee of SJVN will select consultants based on evaluation of the

documentary proof submitted by them.

Note: The Architectural consultant/bidder shall have no right to challenge the

selection and marks assigned by the individual member of the committee of SJVN

and individual committee member shall have no liability to applicant in this regard.

No correspondence would be entertained challenging of contesting the marking by

the individual committee member or by SJVN.

Further evaluation will be done as under :

„Criteria, sub-criteria, and point system for the evaluation of Full

Technical Proposals are:

Criteria & Point System for evaluation

(i) Specific experience of the Architectural consultant/firm related to

the Assignment i.e. Architectural Planning, designing, supervision

of construction works etc.

70

a)*Experience in comprehensive Architectural services including

planning and designing of residential buildings i.e. Bungalows/

Villas/ Guest houses/ Transit Camps/ Hotels having project value

more than INR 5 Crores.

(10 marks for each such work; documentary proof including LOA,

Completion Certificate with Date of Start, Date of Completion,

amount of services and project cost; and actual photographs of

completed project for total 4 best projects to be submitted.)

Max

marks

40

b)* Experience in projects (having project value more than INR 5

Crores) for Architectural planning, designing & supervision of

construction in UT Chandigarh Region (Experience in region).

(10 marks for each project; documentary proof including LOA,



completed project for total 3 best projects to be submitted..)

Max

marks

30

* If required Evaluation Committee may physically verify and visit the

project/s for evaluation. A project/ building meeting requirements ‘(i)

a’ and ‘(i) b’ above cannot be claimed in both the categories for

evaluation, separate projects shall be submitted in both the categories

for evaluation.

(ii) Qualifications and Competence of the Key Professional, and

Specialist, category wise on the role of the company & to be

deployed for the Assignment.

A. *Key professional staff

30

a) Principal Architect

(Degree in B. Arch with > 12 years‟ experience in

relevant field)

12


Page | 42

b) Assistant Architect/s

(Degree in B. Arch with > 5 years & < 11 years‟

experience in relevant field,

5 marks for > 5 years, plus additional 01 mark for

every two years in excess of 5 years upto 11 years

Maximum Marks = 8 marks

08

B. Specialist

a) Structural Consultant (Master Degree in

Engineering i.e. M. Tech for Structural assignment)

b) Services/ MEP Consultant

c) GRIHA Consultant

05

03

02

Total Points 100

The minimum technical score required to Pass : 60

*Key professional staff for which marks are to be claimed shall be on the rolls

of the consultancy firm and documentary proof in this regard shall be

submitted.

In addition to above the bidder shall submit the following documents for the

proposed building

i) Planning/Floor Plans

ii) Elevations

iii) 3D Views and 3D Model/ Walkthrough

iv) Interior Design Scheme with conceptual drawings and 3D views

v) Landscaping Scheme with conceptual drawings and 3D views)

The bidder shall transfer knowledge / copyright the planning & designing in

favour of SJVN. If required , a presentation may be arranged to be given at SJVN office Shimla with no

extra cost.

9.6 Evaluation of Financial Proposals

After the technical evaluation is completed, the Client shall simultaneously display

on websites to those responsive Architectural Consultant Firm (who have secured

60 and above marks in the technical evaluation of their Technical proposal

provided), the date, time and location for opening of their financial proposals (in e-

tender mode). Architectural Firm‟s attendance at the opening of Financial

Proposals is optional.

Financial Proposals shall be opened in the presence of the Consultants‟

representatives who choose to attend. The Financial Proposal of the consultant(s)

based on technical scores shall be then opened online.

The Evaluation Committee will correct any computational errors. In case of

discrepancy between a partial amount and the total amount, or between words and

figures the formers will prevail. The activities and items described in the Technical

Proposal but not priced, shall be assumed to be included in the prices of other

activities or items.


Page | 43

The lowest evaluated Financial Proposal (Fm) will be given the maximum

financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial

Proposals will be computed as indicated in the formula below:

Formula for determining the financial scores:

Sf = 100 x Fm / F

In which Sf is the financial score, Fm is the lowest price and F the price of the

proposal under consideration.

9.7 Combined and final evaluation

1. Proposals of the post qualified applicant consultants during the process of

evaluation of the technical bid will finally be ranked according to the total score

(S) [Technical Score (St) + Financial Score (Sf)], which will be computed as

indicated in the formula below:

Formula for determining the total score:

(S) = (St x 0.4) + (Sf x 0.6)

As the weight-age given to the Technical (T) and Financial (F) Proposals are: T =

0.40, and F = 0.60

2. The Selected Applicant Consultant shall be the first ranked Applicant

Consultant whose total score is the highest and whose proposal has been

determined to be substantially responsive to the tender document. The second

ranked Applicant Consultant shall be kept in reserve and may be invited for

negotiations in case the first ranked Applicant Consultant withdraws, or fails to

comply with the requirements specified hereinabove.

9.8 Bidders are advised to fill in price schedules and appendices, in respect of each and

every item by strictly following the instructions, foot notes etc. to facilitate the

Employer in speedy evaluation of bids. Failure to do so may prevent the tender

from being considered by the Employer.

9.9 The price quoted by the Bidder shall be inclusive of all Taxes, duties levies,

royalties, professional fees etc. except GST, applicable as on 28 days prior to last

date of submission of bids. The GST shall be released extra at the prevailing rate

on submission of GST invoice as per prevailing GST Act/Rule.

9.10 There is no provision for offering of rebate/ discount in the bid.

9.11 Tenders shall be valid for a period of not less than one hundred and eighty days

(180 days) from the date of opening of tenders.

9.12 Bidders shall not be entitled during the period of validity of their offers, without

the consent in writing of the Employer, to revoke or withdraw their tenders or vary

any term or condition in regard thereof. In case of a bidder revoking or

withdrawing his tender or varying any terms & conditions in regard there to

without the consent of the Employer in writing, the Employer may at its discretion,

forfeit the earnest money deposit furnished by the bidder along with his offer.


Page | 44

9.13 The price bid should be unconditional.

10. Performance Security Deposit

10.1 Within 21 (Twenty One) days from date of issue of the Letter of Acceptance, the

successful bidder shall deliver to the Engineer-in-charge, a Performance Security

of 2% (Two Percent) of the Contract Price as per clause-7 of General Conditions of

Contract.

10.2 The performance security deposit shall be in the form of a Bank Guarantee in the

name of the Employer from an Indian Nationalized / Scheduled bank of India in the

prescribed Performa.

10.3 Failure of the successful Bidder to comply with the requirements of Para 10.1

above shall constitute sufficient grounds for cancellation of the award and

forfeiture of the Earnest Money Deposit. He will also be debarred from

participating in bids invited by the Employer for one year.

11. Notification of Award and Signing of Agreement.

11.1 The bidder whose bid has been accepted will be notified of the award by the

Employer prior to expiration of the Bid validity period through the “Letter of

Acceptance”, which will state the sum that the Employer will pay to the Contractor

in consideration of the execution, completion by the Contractor as prescribed by the

Contract.

11.2. The notification of award will constitute the formation of the Contract until the

formal Agreement is signed pursuant to Para 11.3 of ITB and further subject only

to the furnishing of a Performance Security Deposit in accordance with the

provisions of Para No. 10 of ITB.

11.3. The Contract shall incorporate all agreements between the Employer and the

successful bidder. It will be signed by the Employer and the successful bidder after

the Performance Security Deposit is furnished.

11.4 Upon furnishing by the successful Bidder of the Performance Security deposit, the

Employer will return his Earnest Money.

12. Corrupt or Fraudulent Practices

The Employer requires the bidders/contractors under this Contract Package observe

the highest standard of ethics during the procurement and execution of this

Contract Package. In pursuance of this policy, the Employer:

(a) defines, for the purpose of these provisions, the terms set forth as follows:

(i) “corrupt practice” means the offering, giving, receiving or soliciting

of any thing of value to influence the action of a public official in the

procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to be

detriment to the Employer, and includes collusive practice among

Bidders (prior to or after bid submission) designed to establish bid


Page | 45

prices at artificial non-competitive levels and to deprive the Employer

of the benefits of free and open competition.

(iii) “collusive practice” means a scheme or arrangement between two or

more bidders, with or without the knowledge of the Employer,

designed to establish bid price at artificial, non-competitive levels;

and

(iv) “Coercive practice” means harming or threatening to harm, directly or

indirectly, person or their property to influence their participation in

the tendering process or affect the execution of a contract.

(v) An agreement called Integrity Pact between the prospective Bidders

and the Employer shall be signed committing the persons /officials of

both the parties, not to exercise any corrupt influence on any aspect of

the Tender/Contract. The Independent External Monitor(s) appointed

by the Employer shall oversee the compliance of obligation under the

Integrity Pact.

(b) Employer will reject a bid for award of work if he determines that the Bidder

recommended for award has engaged in corrupt, fraudulent, collusive and

coercive practices and committed default under Integrity Pact in competing

for the tender in question.

(c) Employer will declare a Bidder ineligible, either indefinitely or for a stated

period of time, to be awarded contract/contracts if it at any time determines

that the Bidder has engaged in corrupt, fraudulent, collusive and coercive

practices and committed default under Integrity Pact in competing for, or in

executing, the tender.

(d) Employer will forfeit the Earnest Money Deposit if it determines that the

Bidder has engaged in corrupt, fraudulent, collusive and coercive practices

and committed default under Integrity Pact in competing for the tender in

question.

13. Currencies of Bid and Payment

13.1 The rates and the prices shall be quoted by the bidder entirely in Indian Rupees.

14. Additional Information:

14.1 The “Notice Inviting Tender” and the “Information for Bidders / bidders” shall

from part of the Tender Documents.

14.2 The drawings enclosed in the tender are only indicative for general awareness of

the bidder.

14.3 The above stated requirements are only informative and minimum and the

Employer reserves the right to call for any other additional information.

14.4 The Employer shall be the accepting authority for the purpose of this tender. The

Employer shall have the right of rejecting all or any of the tender and will not be

bound to accept lowest or any tender or to give any reasons for the decision.

14.5 Bidders shall furnish a declaration along with his tender that he is having no

relation directly or indirectly with any of the Employer‟s employees. Further in

case of having any relation directly or indirectly with any of owner‟s employees,


Page | 46

the name, designation and place of posting/department of such employee be

furnished.

15. Confidentiality

15.1 Information relating to evaluation of Bids and recommendations concerning

awards shall not be disclosed to the Bidders who have submitted the Bids or to

other persons not officially concerned with the process, until the publication of the

award of Contract. The undue use by any Bidder of confidential information

related to the process may result in the rejection of its Bid and any other action

Employer may deem fit at the time.

----End of Section III---


Page | 47

SECTION IV

TENDER FORM,

FORM OF DECLARATION,

QUALIFICATION INFORMATION AND

SCHEDULES


Page | 48

TENDER FORM

To

HOD(Civil Contracts)

Corporate Contracts Department (Civil)

SJVN Corporate Head Quarter, Shanan, Shimla-171006 (H.P)

Telephone No. +91-177-2660161

Fax: +91-177-26660164


Dear Sir,

1. I/We have read and examined the following tender documents relating to the work

of “Consultancy services for Construction of Transit camp at plot no. 540, Sector-33,

Chandigarh”.

(i) Notice Inviting Tender (NIT)

(ii) Scope of Services

(iii) Information for Bidders and Instructions to Bidders.

(iv) Tender Form, Form of Declaration, Qualification Information and

Schedules A, B, C.

(v) Price Schedule

(vi) General Conditions of Contract

(vii) Special Conditions of Contract

(viii) Drawing (s), if any.

2. I/We hereby tender for the execution of the entire consulting services referred

to in documents mentioned in Paragraph – 1 above for Consultancy services

for Construction of Transit camp at plot no. 540, Sector-33, Chandigarh’, on the

terms and conditions contained or referred to in the aforesaid documents and

at the fees/charges contained in Price Schedule and within the period(s) of

completion of services given in Schedule “A”.

3. I/We agree to keep this tender open for acceptance for 180 days from the date

of opening thereof and also agree not to make any modification in its terms

and conditions on our own accord.

4. In accordance with clause 1.3.5 of Detailed NIT, Bid security for an amount

of ______________ has been paid/ is enclosed as FDR/BG or paid online.

I/We agree that if I/We fail to keep the validity of tender open as aforesaid, or

make any modification in the terms and conditions of my/our tender on our

own accord and/or after the acceptance of our tender if I/we fail to commence

the execution of the services as provided in the documents referred to in

paragraph-1 above and/or we indulge in the corrupt or fraudulent or

collusive practice / coercive practices and committed default under Integrity

Pact , I/We shall become liable for forfeiture, of my/our Earnest Money

Deposit, as aforesaid, and the corporation/Employer shall without prejudice

to any other right or remedy, be at liberty to forfeit the said Earnest Money

Deposit absolutely.



Page | 49

5. I/We certify that the tender submitted by me/us is strictly in accordance with

the terms and conditions, specifications etc., as contained in your tender

document referred to in paragraph -1 above, and it is further certified that it

does not contain any deviation to the aforesaid document. Further, deviations,

if any, which might have crept inadvertently, are automatically deemed to

have been withdrawn by us without any reservation.

6. I/We agree to abide by and fulfill all the terms and conditions and provisions

of the above-mentioned tender documents.

Thanking you,

Yours faithfully,

(Signature of person duly authorized

to sign the Tender on behalf of the

Consultant alongwith the Seal of the

Company)

Witnesses:

1. Name __________________

2. Designation __________________

3. Signature & Date _____________________

4. Postal Address & Tel. No.


Page | 50

FORM OF DECLARATION

M/s_____________________________________________(name of Consultant /

Architect) having its registered office at

_____________________________________________ (hereinafter referred to as “The

Consultant / Architect”) having carefully studied all the documents, drawings etc.

pertaining to the Work for “Consultancy services for Construction of Transit camp at plot no.

540, Sector-33, Chandigarh” and having undertaken to execute the said works DO HEREBY

DECLARE THAT:

1. The Consultant / Architect is familiar with all the requirements of the Tender

Document.

2. The Consultant /Architect has inspected the site and satisfied himself regarding the

character of the work and local conditions that may affect the work or its

performance.

3. The Consultant /Architect is satisfied that the work can be performed and completed

as required in the Tender Document.

4. The Consultant /Architect accepts all risks directly or indirectly connected with the

performance of the Contract.

5. The Consultant /Architect has no collusion with other Architects or with any person

in the Corporation to execute the said work.

6. The Consultant / Architect has not been influenced by any statement or promise of

any person of the Employer but only the Tender Document.

7. The Consultant / Architect is financially Solvent.

8. The Consultant /Architect is experienced and competent to perform the contract to

the satisfaction of the Engineer-in-Charge.

9. The statement submitted by the Consultant /Architect is true and correct.

10. The Consultant /Architect is familiar with all the general and special laws, acts,

ordinances, rules and regulations of the Municipalities, District, State and Central

Government of India or any other statutory bodies/institutions etc. that may affect the

work, its performance or personnel employed therein.

For and on behalf of the Consultant / Architect

Dated __________


Page | 51

Qualification Information

Notes on Form of Qualification Information

The information to be filled in by bidders in the following pages will be used for purposes of

post-qualification as provided for in Clause 6 of the Instructions to Bidders. This information

will not be incorporated in the Contract. Attach additional pages as necessary.

1. Profile of the Organisation

1.1 Constitution or legal status of Bidder

[attach copy]

Place of registration:

Principal place of business:

Council of Architecture Registration

Certificate: (attach copy)

Power of attorney or any other legally

valid document with regard to

authenticity of signatory of Bid

1.2 Total annual amount of consultancy

works executed and payments received

in the last three years preceding the year

in which bids are invited.

Financial Year (Turnover Rs. in Lakhs)

1 - ------------

2 - -----------

3 - -----------

1.3 PAN No. [attach copy if available ]

GSTIN no. (if applicable)

Any other statutory registration no.

related with the works/services to be

mentioned

------------------

------------------

------------------

1.4 Consultancy assignment performed by the bidder (in the same name and style) of a similar

nature and amount over the last seven years. Refer Clause 6.0 of Instruction to Bidders.

Attach certificate from the Employer.

Project

Name

Name of

Employer /

client

Description

of work for

which Consultancy

provided

Value of contract Contract No.

of

Consultancy Assignment

Date of

Issue of

Work Order

Stipulated

Time

& Date for Completion

Actual

Date of

Completion

Remarks,

reasons

for Delay, if

any


Page | 52

1.5 Details of availability of Office automation and Design/Drafting aids for carrying out the

Works. Refer also to Clause 6.0 of the Instructions to Bidders.

1.6 Qualifications of technical personnel proposed for the Contract.

Position Name Qualification Years of experience Experience detail in

similar nature of

assignments

1.7 Financial reports for the last three years: Audited balance sheets, Statement of Income & expenditure/,

Profit and Loss accounts, auditors' reports, Relevant schedules forming part of Audited financial

statement etc. Refer also to Clause 6 of the Instructions to Bidders List below and attach copies.

__________________________________________________________________________________

____________________________________________________________________________

1.8 Proposed approach and methodology, schedules, description, drawings, and charts as necessary, to

comply with the requirements of the bidding documents. Refer also to Clause 6 of the Instructions to

Bidders.

__________________________________________________________________________________

___________________________________________________________________________

1.9 Details of relatives of bidder working with the Employer (Ref. Clause 14.5 of ITB) __________________________________________________________________________________

____________________________________________________________________________

1.10

Evaluation of Technical Bids through Quality Based Selection.

„Criteria, sub-criteria, and point system for the evaluation of Full

Technical Proposals are:

Criteria & Point System for evaluation

(i) Specific experience of the Architectural consultant/firm related to

the Assignment i.e. Architectural Planning, designing, supervision

of construction works etc.

70

Detail of

Documents

Submitted

a)*Experience in comprehensive Architectural services including

planning and designing of residential buildings i.e. Bungalows/

Villas/ Guest houses/ Transit Camps/ Hotels having project value

more than INR 5 Crores.

(10 marks for each such work; documentary proof including LOA,



completed project for total 4 best projects to be submitted.)

Max

marks

40

b)* Experience in projects (having project value more than INR 5

Crores) for Architectural planning, designing & supervision of

construction in UT Chandigarh Region (Experience in region).

(10 marks for each project; documentary proof including LOA,


Max

marks

30


Page | 53


completed project for total 3 best projects to be submitted..)

* If required Evaluation Committee may physically verify and visit

the project/s for evaluation. A project/ building meeting

requirements ‘(i) a’ and ‘(i) b’ cannot be claimed in both the

categories for evaluation, separate projects shall be submitted in

both the categories for evaluation.

(iii) Qualifications and Competence of the Key Professional,

and Specialist, category wise on the role of the company

& to be deployed for the Assignment.

A. *Key professional staff

30

a) Principal Architect

(Degree in B. Arch with > 12 years‟ experience in

relevant field)

b) Assistant Architect/s

(Degree in B. Arch with > 5 years & < 11 years‟

experience in relevant field,

5 marks for > 5 years, plus additional 01 mark for

every two years in excess of 5 years upto 11 years

Maximum Marks = 8 marks

12

08

B. Specialist

a) Structural Consultant (Master Degree in

Engineering i.e M.Tech for Structural assignment)

b) Services/ MEP Consultant

c) GRIHA Consultant

05

03

02

Total Points 100

The minimum technical score required to Pass : 60

*Key professional staff for which marks are to be claimed shall be on the

rolls of the consultancy firm and documentary proof in this regard shall be

submitted.

In addition to above the bidder shall submit the following documents for the

proposed building

i) Planning/Floor Plans

ii) Elevations

iii) 3D Views and 3D Model/ Walkthrough

iv) Interior Design Scheme with conceptual drawings and 3D views

v) Landscaping Scheme with conceptual drawings and 3D views)

The bidder shall transfer knowledge / copyright the planning & designing in

favour of SJVN.

If required , a presentation may be arranged to be given at SJVN office

Shimla with no extra cost.


Page | 54

1.11 CONFIRMATION OF THE SITE VISIT BY THE BIDDER

Name of Applicant (Consultant/Architect)

We……………………………………………………………………………………………

…

…………………………………………………(Name of Bidder) whose registered office is

at……………………………………………………………………………………………

………………………………………………………………… declare herewith that our

representatives have visited the site of the works on……………day of ……………2020

……………….., and that we have fully informed ourselves of all conditions, local and

otherwise, which may affect the preparation of this bid and the performance of works.

Give names and positions of the representative(s) who took part in the site visit(s):

Name: …………………………….. Signature: ………………………………..

Position: ………………………….. Date: ……………………………………..


Page | 55

Schedule-A

SCHEDULE FOR COMPLETION OF SERVICES BY THE CONSULTANT

MILESTONES FOR LD

The schedule for achievement of major milestones of works and compensation for delay

are as follows:

Sl.

No.

Description of works

(Group/Sub-

Group/Milestones)

Schedule completion

period from the date

of issue of Letter of

Acceptance.

Compensation for delay

1 Submission of

Architectural/Completion

Working Drawings for

all levels of the building

6 months 0.035% of Contract Price per

day of delay subject to a

maximum of 2% (Two

percent) of Contract Price

2 Completion of works as

a whole excluding defect

liability period

20 months

0.035% of Contract Price per

day of delay subject to a

maximum of 5% (Five

percent) of Contract Price

Note: (i) The maximum compensation for delay for all item(s) under Schedule “A” shall

be 5% (five percent) of the Contract Price + GST @ 18% / prevailing rate.

(ii) The Time for Completion of the Work is 20 months.


Page | 56

SCHEDULE - B:

MODE OF PAYMENT

(Refer clause 4.0 of Section-I Scope of Services)


Page | 57

SCHEDULE –C

(A TENTATIVE SCHEDULE TO BE PROVIDED BY THE BIDDER AS PER ITB)

----End of Section IV----


Page | 58

SECTION V

PRICE SCHEDULE


Page | 59

Bill of Quantities – Part-A (to be submitted on e-mode)

(Price bid should be unconditional)

Sl.

No.

Description Qty Unit Consultancy

Fee/ Charges

: Amount in

Figures

(INR)

Consultancy

Fee/ Charges :

Amount in

Words (INR)

(A) (B) (C ) (D) (E) (F)

1 Rendering Architectural &

Engineering Design Consultancy

Services for the construction of

“Satluj Bhawan” i.e. transit camp

in plot no. 540 Sector-33

Chandigarh as per scope of

services detailed in Section-I of

tender document.

L. S. Job

Total

Note :- 1. The quoted consultancy fee shall be exclusive of GST. GST as applicable shall

be released extra at the prevailing rate on submission of GST invoice as per prevailing

GST Act/Rule.

BOQ- Part B

Break Down of Cost for Charges for the visit of Architect (Key Professional/ specialist)

and Posting of one Architect

Sr.

No. Description Unit QTY

Rate in

figures and

words

(INR)

Amount in

figures

and words

(INR)

1

Visit Charges of Architect (Key Professional/

Specialist) to the site including Boarding/

Lodging/ Travel etc. during construction stage

Per

Visit 10

2

Posting of one Architect (Graduate/ degree

holder with minimum five year experience after

graduation) at site for overall co-ordination and

daily supervision of construction works to

ensure adherence on the part of the contractor's

execution of work as per detailed drawings and

specifications, including sorting out problems

and issue of necessary clarifications at site as &

when required.

Month 12

Note:-

1. The rate for sr.no. 1 and 2 of Part –B quoted by bidder for the said quantity

shall be deemed to be included in Part A of BOQ.

2. The Break Down is also to be considered for Additional Charges for more than

ten vists and deductions of charges less than ten visits.

3. The Break Down is also to be considered for Additional Charges for appointing

architect more than 12 months and deductions of charges for appointing

architect less than 12 months.


Page | 60

SECTION VI

GENERAL CONDITIONS OF CONTRACT


Page | 61

SECTION-VI: GENERAL CONDITIONS OF CONTRACT

INDEX

Sl. No. CLAUSES 1 Definitions

2 Interpretations

3 Sufficiency of tender

4 Contract Documents

5 Discrepancies & Adjustment of Errors

6 Taxes, Duties and Levies etc.

7 Security Deposit for Performance

8 Refund of Security Deposit

9 Duties & Power of Engineer-in-Charge‟s

representatives

10 Assignment and Sub-letting

11 Change in Constitution

12 Commencement of Work

13 Works to be carried out in accordance with

specifications and orders etc.

14 Obligations of the Architect

15 Submission & Approval of Design, Drawings and

Documents and Specifications thereof

16 Notices and Instructions

17 Progress Report

18 Guarantee

19 Patent Rights

20 Force Majeure

21 Deviation

22 Suspension of Work

23 Termination of Contract on Death

24 Default by the Architect and Termination of Contract in

full or in part

25 Completion Time and Extension

26 Compensation for delay in completion of the

work/services

27 Fee / Charges

28 Payment on Account

29 Completion Certificate

30 Payment of Final Bill

31 Overpayment and Under Payment

32 Laws Governing the Contract

33 Contract matters to be treated as Confidential

34 Arbitration

35 Limitation of liability

36 Finality Clause

37 Sum payable by way of compensations to be considered

as reasonable without reference to actual loss.

38 Corrupt and Fraudulent Practices


Page | 62

SECTION – VI

GENERAL CONDITIONS OF CONTRACT

Clause 1: Definitions

In the contract, the following expression shall, unless the context otherwise requires, have the

meanings thereby respectively assigned to them;

i) Contract:

Contract means the documents forming the tender, acceptance thereof and the formal

agreement executed between the SJVN Ltd., hereinafter referred to as the Employer, and

the Architect together with documents referred to therein. Otherwise, it shall mean the

Notice Inviting Tenders, Information and Instructions to bidders, Tender (including the

warranty, Schedule of Quantities and Prices and other Schedules attached thereto).

General Conditions of Contract, Special Conditions, if any, Scope of Services, design,

drawings and Letter of Award thereof.

ii) Consultant / Architect:

Consultant(s) / Architect(s) means the successful bidder who is awarded the contract to

perform the work/render services under these tender documents and shall be deemed to

include the Consultant(s) / Architect(s), its successors, executors, administrators,

representatives or assigns approved by the Engineer in charge.

iii) Corporation or Employer:

Corporation / Employer means the SJVN Limited having registered office at SJVN

Corporate Head Quarter, Shanan, Shimla -171006, Himachal Pradesh and includes their

legal representatives, successors and assigns.

iv) Fee / charges:

The fee/charges means the fee/charges of items as agreed to for the respective items

given in Price Schedule for services.

v) Contract Sum/Contract Price:

Contract Sum/Contract Price means the lump sum amount mentioned in the Letter of

Acceptance. Unless otherwise specified, the Contract Price shall be deemed to cover all

obligations and services to be rendered by the Consultant as per Tender Document.

vi) Day:

Day means the calendar day beginning and ending at mid night.


Page | 63

vii) Engineer-in-charge/Engineer:

Engineer-in-charge means the engineering officer appointed by the Employer or its duly

authorized representatives to direct, supervise and be in charge of the works for the

purpose of this contract.

viii) Letter of Award/Letter of Acceptance:

Letter of Award/Acceptance means a letter from the Employer conveying the acceptance

of the tender/offer subject to such reservations as may have been stated therein.

ix) Month:

Month means the calendar month.

x) Site(s):

Site(s) means the land and/or other places, on/under in or through which the works are to

be executed, including any other land and places, which may be allotted for the purpose

of the Contract.

xi) Week:

Week means seven consecutive calendar days.

xii) Work/ Works or Service/Services:

Work / Works or Service / Services mean the services required to be rendered in

accordance with the Contract.

xiii) Urgent Work:

Urgent work means any urgent measures which in the opinion of the Engineer-in-charge

becomes necessary at the time of execution and/or during the progress of the work to

obviate any risk of accident/damage or required to accelerate the progress of the works or

any other reasons the Engineer-in-charge may deem expeditious.

xiv) “Independent External Monitor(s) (IEMs)” means the External Monitor(s) appointed by

the Employer to oversee the implementation of Integrity Pact.

xv) “Integrity Pact means the Pact signed between the Employer and Contractor committing

the persons/officials of both the parties, not to exercise any corrupt influence on any

aspect of the Tender /Contract.


Page | 64

Clause 2: Interpretation

2.1 Words imparting the singular only shall also include the plural; he includes she and vice

versa, unless this is repugnant to the context.

2.2 Heading and marginal notes in these General Conditions shall not be deemed to form part

thereof or be taken into consideration in the interpretation or construction thereof of the

contract.

Clause 3: Sufficiency of tender

The Architect shall be deemed to have satisfied himself before tendering as to the

correctness and sufficiency of his tender for the works and services to be provided in

accordance with Section-I-Scope of Services and of the fees and charges quoted in BOQ

of work and services which shall (except as otherwise provided in the contract), cover all

his obligations under the Contract including posting of experienced architect and visits of

Architect to the site and all matters and things necessary for the proper execution and

completion of the services in accordance with the provisions of the Contract.

Clause 4: Contract Documents

4.1 The language in which the contract documents shall be drawn up shall be English and if

the said documents are written in more than one language, the language according to

which contract is to be construed and interpreted shall be English and which shall be

designated as the “Ruling Language”.

4.2 The Architect shall furnish, free of charge, five certified copies of the contract documents

to the Employer.

4.3 None of these Documents shall be used by the Architect for any purpose other than that

of this contract.

Clause 5: Discrepancies & Adjustment of Errors

In case of discrepancy between the Special Conditions of the Contract, Price Schedule,

Technical Specifications, Drawings, Schedules and/or General Conditions of Contract,

the following order of precedence shall prevail;

a) Special Conditions of Contract;

b) Price Schedule;

c) Scope of Services

d) Relevant Technical Specifications;

e) Drawings;

f) General Conditions of Contract;

g) Schedules.

5.1 The Architect shall study and compare the drawings, specifications and other relevant

information given to him by the Engineering-in-charge and shall report in writing to the

Engineer-in-charge any discrepancy and inconsistency which he noticed. The decision of


Page | 65

the Engineer-in-charge regarding the true intent and the meaning of the drawings and

specifications shall be final and binding.

5.2 Any error in description, quantity or price in Price Schedule, or any omission there from

shall not vitiate the contract or release the Architect from the execution of the whole or

any part of the works comprised therein according to the Scope of Services or from any

of his obligations under the contract.

5.3 If on check, differences are found between the rates given by the Architect in words and

figures or in the amount worked out by him in the Price Schedule and General Summary,

the same shall be adjusted in accordance with the following rules.

a) In the event of the discrepancy between the description in words and figures

quoted by a bidder; the description in words shall prevail.

b) In the event of an error occurring in the amount columns of Price Schedule, as a

result of wrong multiplication of unit price and quantity, the unit price shall be

regarded as firm and multiplication shall be amended on the basis of the unit

price.

c) All errors in totaling in the amount column and carrying forward of total shall be

corrected.

d) The totals of various sections of Price Schedule amended shall be carried over to

the general summary and the tendered sum amended accordingly. The tendered

sum so altered shall, for the purpose of tender, be substituted for the sum

originally tendered and considered for evaluation instead of the original sum

quoted by the Bidder. Any rounding off of quantities or in Sections of Price

Schedule or in General Summary by the Bidder shall be ignored. The Lower of

the altered tendered sum and the originally tendered sum shall be considered for

acceptance and award.

e) Where the unit rate is mentioned in unit rate column but the correspondent unit

rate in words hidden in rate column in that case unit rate mentioned in figure shall

prevail.

Clause 6: Taxes, Duties and levies etc.

6.1 The Prices shown in Price Schedule Section-V of this contract are deemed to be inclusive

of all Taxes, duties levies, royalties, professional fees etc. except GST, applicable as on

28 days prior to last date of submission of Bids. The GST shall be released extra at the

prevailing rate on submission of GST invoice as per prevailing GST Act/Rule. The

Income Tax shall be deducted as per latest guidelines of Govt. of India on the subject.

Any statutory variation in the rate of aforesaid taxes if any, during the currency of the

Contract including authorized extension thereof shall be to the account of Employer.


Page | 66

6. 2 However, if a New Tax or Duty or Levy, other than those existing on 28 days before the

last date of submission of price bid is imposed in India under a statute or law during the

currency of the Contract and the Contractor becomes legally liable there under to and

actually pays the same for bonafide use on the Works contracted, then the Contractor

shall immediately inform the Engineer-in-Charge in this regard. The Employer will

reimburse the same to the Contractor on production of satisfactory proof of payment.

Changes in the advance tax rates of Income Tax and income tax on the Architect‟s staff

payable to appropriate authorities and shall not be construed as a change in the rate(s) of

taxes and will not be subject to adjustment.

6.3 The Architect‟s staff will be liable to pay personal income taxes in respect of such of their

salaries and wages as are chargeable under the laws and regulations for the time being in

force, and the Contractor shall perform such duties in regard to such deductions thereof as

may be imposed on him by such laws and regulations.

6.4 Provided further that, the Architect shall not be entitled for reimbursement under Sub-

clause 6.1 & 6.2 if the changes in the existing tax or duty or levy or imposition of new tax

or duty or levy as mentioned in Sub-clause 6.1 & 6.2 pertains to indirect transactions

between Contractor and any third party (e.g. GST on Insurance Premium,

Taxes/Duties/Levies on the cost of inputs/materials to be incorporated in the Works).

Clause 7: Security Deposit for Performance

7.1 The Architect, within 21 (twenty one) days from date of issue of Letter of Acceptance,

the successful bidder shall furnish to the Engineer- in - charge a security deposit of 2 %

(two) percent of the Contract Sum for due performance of contract in the form of a Bank

Guarantee of Indian Nationalized Banks or any scheduled Bank of India (provided

scheduled bank certifies that the guarantee given are within the limits prescribed by the

Reserve Bank of India) in the form acceptable to the Employer. The earnest money

deposited by the Architect along with the tender shall be returned after furnishing of the

Initial Security Deposit.

7.2 All the compensation or other sums of money payable by the Architect under the terms of

the Contract or any other contract or on any other account whatsoever, may be deducted

from or paid by the sale of a sufficient part of his Security Deposit or from the interest

arising there from or from any sum which may be due or may become due to the

Architect by the Employer on any account whatsoever. Also in the event of the

Architect‟s Security Deposits, being reduced by reasons of such deductions or sale, as

aforesaid, the Architect shall within fourteen days of receipt of notice of demand from the

Engineer-in-charge, make good the deficit in Security Deposit.

7.3 (a) Should there arise any occasion under the Contract due to which the periods of

validities of bank guarantees as may have been furnished by the Architect from time to

time, are required to be extended / renewed the Architect at his own cost shall get the

validity periods of such guarantees, deposits, securities, (extended/renewed as the case

may be and furnish these to the Engineer-in-charge ten days before the expiry date of the

aforesaid Guarantees) originally furnished. Also in case of any deficit in security on any


Page | 67

account as might occur or is noticed, the Architect shall forthwith or on demand furnish

additional securities.

(b) In case of failure of the Architect to strictly comply with the aforesaid provisions

on any account for whatsoever reasons, the Engineer-In-Charge shall be at liberty,

notwithstanding anything contained contrary to this in the Contract, to take such

measures and actions, including but not restricting to the following, as may be considered

necessary by him under the circumstances to satisfy the provisions of contract for having

the required amount of securities at the relevant time.

(i) to invoke the existing bank guarantee and/or,

(ii) to withhold the payment of the bills or other dues of the Architect arising out of

the Contract till such time the aggregate of the amount of such bills reaches the

level of the amount of the expired bank guarantee and/or the deficit in security

deposit is made good or the Architect furnishes a fresh bank guarantee.

7.4 Bank guarantee as aforesaid shall be valid till the date in excess of six months from the

date of completion as specified in the „Completion Certificate‟ issued as per GCC Clause

29 under the contract.

Clause 8: Refund of Security Deposit

The Security Deposit, less any amount due shall, on demand be returned to the Architect

as per GCC, Clause 29 or payment of the final bill (clause 30), whichever is later,

provided the Engineer-in-charge is satisfied that there is no demand outstanding against,

the Architect. No interest on the amount of Security Deposit shall be paid to the

Architect at the time of release of Security Deposit as stated above.

Clause 9: Duties & Power of Engineer-in-Charge’s representatives

9.1 The Engineer-in-Charge may, from time to time in writing, delegate to his representative

any of the powers and authorities, vested in him and shall furnish to the Architect a copy

of all such written delegation of powers and authorities. Any written instruction or

written approval given by the representative of the Engineer-In-Charge to the Architect

within the terms of such delegation shall bind the Architect and the Employer as though,

it has been given by the Engineer-In Charge.

9.2 Failure of the representative of the Engineer-in-Charge to disapprove any work or

materials shall be without prejudice to the power of the Engineer-in-Charge thereafter to

disapprove such work or materials. The Architect shall, at his own expenses; again carry

out such works as directed by the Engineer-in-charge.

9.3 If the Architect is dissatisfied with any decision of the representatives of the Engineer-In-

Charge, he will be entitled to refer the matter to the Engineer-in-charge who shall

thereupon confirm, reverse or vary such decision and the decision of the Engineer-in-

charge in this regard shall final and binding.


Page | 68

Clause 10 : Assignment and Sub-letting.

The Architect shall not sublet, transfer or assign the whole or any part of the work under

the contract without the prior written permission of Engineer-in-charge. The Engineer-in-

charge may, at his discretion, approve and authorize the Architect to sub let any part of

the work, which, in his opinion, is not substantial, after the Architect submits to him in

writing the details of the part of the work(s) or trade proposed to be sub-let, the name of

the sub-Architect or thereof together with his past experience in the said work/trade and

the form of the proposed sub-contract. Nevertheless any such approval or authorizing by

the Engineer-in-charge shall not relieve the Architect from any or all of his liabilities,

obligations, duties and responsibilities under the contract. The Architect shall also be

fully responsible to the Employer for all the acts and omissions of the sub architect, his

employees and agents or persons directly employed by the Architect. However, the

employment of price-rate workers shall not be construed a sub-letting.

Clause 11 : Change in Constitution

Where the Architect is a partnership firm, prior approval in writing of the Engineer-in-

charge shall be obtained before any change is made in the constitution of the firm. Where

the Architect is an individual or a Hindu undivided family business concern, such

approval, as aforesaid, shall likewise be obtained before the Architect enters into any

partnership, which would have the right to carry out the work undertaken by the

Architect. If prior approval as aforesaid is not obtained, the Contract, shall be deemed to

have been assigned in contravention of Clause – 24 hereof and the same action will be

taken and the consequences shall ensure as provided for in the said clause – 24.

Clause 12 : Commencement of Work.

12.1 The Architect shall commence the work(s) from the date of issue of Letter of Acceptance

and shall proceed with expeditiously and without delay as may be expressly sanctioned or

ordered by the Engineer-in-charge. If the Architect commits default in the

commencement of work as aforesaid, the Engineer-in-charge shall without prejudice to

any other right or remedy is at liberty to cancel the Contract and forfeit the Earnest

Money.

12.2 The Architect shall strictly adhere to the works-Schedule covering all the individual items

and their sequence as depicted in the Schedule- „C‟ of the tender submitted by him. Such

schedule shall indicate the commencement and completion of various sections of work

and balancing of workload with reference to the different items of work/service taking

into account total working period/days available. Such work programme will be

discussed and finally agreed to with successful bidder, before award of work and the

same shall form an integral part of the Contract. Architect shall strictly adhere to such

agreed planning and scheduling. However, it shall not relieve the Architect of his duties,

obligations or responsibilities under the Contract.

Clause 13 : Works to be carried out in accordance with specifications and orders etc.

13.1 The Architect shall execute the whole and every part of the work in the most substantial

and workman like manner in every respect in strict conformity with the specification and

orders laid down or as may be laid down by the Engineer-in-charge under the terms of


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the Contract. The Architect shall also conform exactly, fully and faithfully to the

instructions in writing in respect of the work, duly signed by the Engineer-in-charge as

may be issued from time to time. Such further explanations, modifications and

instructions, as the Engineer-in-charge may issue to the Architect from time to time in

respect of the work, shall be deemed to form integral part of the Contract and Architect

shall be bound to carry out the works accordingly.

13.2 The Engineer-in-charge in writing shall give all instructions and orders in respect of the

work. However, the Engineer in charge shall confirm any verbal instructions or orders as

soon as practicable without loss of time. Only such written instructions shall be deemed

to be valid.

Clause 14 : Obligations of the Architect

14.1 The obligations of the Architect shall, in addition to the provisions of the various Clauses

of this contract, also include the following: -

i) The Architect shall permit free access to the Employer‟s authorized personnel to

his / their office for the purpose of discussions/clarification of doubts regarding

any matter relating to the works/services under this Contract.

ii) The Architect shall while laying down the design specifications, etc. have due

regard to the specification requirements and needs of the work/services under this

Contract.

iii) The Architect shall be responsible for bringing to the notice of Engineer-in-charge

in writing, any interface or other problems arising out of any work being excluded

from the Architect‟s scope in so far as it affects the quality reliability,

responsibility, or time schedule of the Architect‟s work or construction

contractor‟s work. These aspects shall be discussed and suitably resolved with the

Engineer-in-charge so that the Architect‟s responsibility is not diluted and the

quality and time schedule of Architect as well as construction contractors work

does not suffer. The decision of Engineer-in-charge to be taken after discussion

with the Architect shall be final and binding and is to be carried out by the

Architect.

iv) The Architect shall be solely responsible for ensuring that all laws and bye laws of

local government, or statutory authorities as may be applicable or relevant to the

work/services are duly observed in the planning, detailing and execution of all the

works related to this Contract.

v) The Architect shall provide all necessary information, necessary co-ordination and

assistance etc. required for obtaining all Government and local body clearances

for the work/ services related to the Architect‟s Scope of Services including plans,

various certificates required for various services like sanitary, water supply,

sewerage, electrical, lifts, fire fighting, environmental, completion certificate etc.


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vi) The Architect shall arrange for and pay the cost of Personal Accident Insurance in

respect his employees assigned to the Project site for performance of the

obligations under the conditions of Contract. The Architect shall also be

responsible for obtaining Professional Liability Insurance to cover SJVN‟s interest

in the eventuality of professional misconduct, negligence or sub-standard

consultancy services.

vii) The Consultant/ Architect shall be obliged to fulfill the requirement of all the

labour enactment and rules made thereunder, regulations, notifications and bye-

laws of State or Central Govt, including EPF act and ESI act as applicable to the

employee of his establishment. The Consultant/ Architect shall have no right to

demand payments/claims whatsoever on account of his compliance with his

obligations.

viii) Architect shall appoint a coordinator for this Contract. All communication and

discussions shall be addressed to the coordinator by the Engineer-in-charge who

in turn shall be responsible for furnishing information desired by the Engineer-in-

charge and shall attend schedules and progress review meeting with the Engineer-

in-charge.

Clause 15: Submission & Approval of Design, Drawings and Documents and Specifications

thereof.

15.1 The Architect shall submit to the Employer six (6) sets of prints of all the drawings and

sketches and three copies of other documents for approval. One copy duly approved or

with comments will be returned to the Architect, who shall carryout and incorporate the

corrections. After approval, the architect shall submit to the Employer ten (10) sets of all

the drawings and sketches along with one complete set of inked tracing of such prints and

at least ten (10) copies of all other documents such as design, specifications, schedules,

bill of quantities with estimate for each type of work/service(s). All the drawings shall be

dimensioned in S. I. System.

15.2 The Architect shall prepare and furnish immediately after the award of work, a complete

list of drawings, designs, documents etc. with detailed schedule of submission proposed

to be prepared for the Scope of Services under this Contract in the format to be approved

by the Employer. This list shall be treated as only indicative. The Architect shall be

responsible for preparation of all architectural drawings, design, studies and documents

etc. as required irrespective of whether or not these are listed in the said list. This list of

documents and schedule of their submission shall be mutually agreed upon.

15.3 The title block, its size and scales of various drawings and formats for various

documents, schedules, progress reports, etc. shall be mutually agreed upon between the

Architect and Engineer-in-charge before start of the work. The lettering and general get

up of the drawings shall be subject to approval of the Employer.


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15.4 Drawings shall be prepared by the Architect in the trimmed size as per I. S:10711-1983

(latest version) final drawings shall be prepared in ink on tracing film including soft

copy in Auto CAD format.

15.5 The Architect shall submit all the drawings duly completed in all respects on or before

the date fixed there-for in the schedule approved by the Engineer-in-charge. All the

works/services rendered including designs & drawings prepared by the Architect shall be

subject to the approval of the Engineer-in-charge, which will communicate his

observation and decision/approval and/or comments to the Architect within a reasonable

time. The design calculations shall be submitted by the Architect along with the six set

prints of preliminary drawings. In case any documents / records / reference etc is required

by the Engineer-in-charge, the same shall be submitted to him by the Architect

immediately. In case any modification/amendment is communicated to Architect, he

shall promptly comply with the same without any extra cost to the Employer by carrying

out such modification and/or rectification and resubmit such designs and drawings for

approval of the Engineer-in-charge within two weeks. The decision of Engineer-in-

charge shall be final and binding in this respect.

15.6 The Architect shall be responsible at his cost to collect the data regarding the basic

requirement and design parameters from the office of the Engineer-in-charge, if

available. In case any clarification is required, the Architect shall visit the office of the

Engineer-in-charge to discuss and obtain/furnish necessary

information/details/documents, if any. The cost, thereof shall be deemed to be included

in the fee provided in the schedule of item & rate i.e. Price schedule, Section-V.

15.7 The fees/charges quoted for the work/services as per schedule of items of work/services

as stipulated in Price Schedule, Section-V shall be firm and deemed to have included all

the charges and/or expenses for the submission of the drawings, sketches, designs,

documents and all actions etc. as stipulated in this Contract.

15.8 Original tracing after acceptance of the schemes, preliminary tender drawings shall be

submitted to the Engineer-in-charge.

15.9 After incorporating the proposed modifications/rectifications as mentioned in Clause 15.5

above, original tracings along with the Reproducible Tracing Films (RTF) of

detailed/construction drawings shall be submitted to the Engineer-in-charge for his record

at the time of submission of modified drawings. The Architect shall also submit the

mounted photographs of perspective in frame along with its negative.

15.10 The Employer reserves its right to print copies of such drawings/specification/documents,

as referred to in this clause for its own use, and the Architect shall not have any claim,

whatsoever, for any reason against the Employer on this account.

15.11 All documents handed over to the Architect for developing the architectural designs and

detailed drawings shall be returned to the Engineer-in-charge after completion of

work/services or when ever they are demanded back by the Engineer-in-charge.


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Clause 16: Notices and Instructions

16.1 Except as otherwise provided in this Contract, all notices to be given on behalf of the

Employer and all other actions to be taken on its behalf may be given or taken by the

Engineer-in-charge or any officer for the time being entrusted with the functions, duties

and powers of the Engineer-in-charge.

16.2 All notices, instructions and communications etc. under the contract shall be given in

writing and no such communication, which is not given or confirmed in writing, shall be

valid.

16.3 All instructions, notices and communications shall be deemed to have been duly given or

sent to the Architect, if delivered to the Architect, his authorized agent or left at, or

posted to the address given by the Architect or his authorized agent or to the last known

place of abode or business of the Architect or his agent. In case of services by post shall

be deemed to have been serviced on the date when in the ordinary course of post these

would have been delivered to him and in other cases on the day on which the same were

so delivered or left.

Clause 17: Progress Report

The Architect and the Employer shall review the progress of the Architects work/services

every month jointly. The Architect shall submit monthly progress reports in at least four

copies to the Employer not later than 7th

of every month showing the progress made in

the previous month. Such reviews may be made more frequently or less frequently at the

Employer‟s option from time to time during the pendency of the Contract. However,

such reports and reviews shall not be deemed to absolve the Architect of his

responsibility for the timely completion of the work as per Schedule “A”.

Clause 18: Guarantee

18.1 The Architect shall exercise all reasonable and proper care, skill and diligence normally

expected in the discharge of the duties connected with the assignment, in accordance with

the best professional standards.

18.2 The Architect shall carry out all services in conformity with the specifications,

instructions and general requirement laid down by the Employer under this Contract.

18.3 The Architect shall undertake full responsibility for the designs and specifications

adopted for the entire work/service to be performed under this Contract. Checking and

approval of the designs and drawings by the Employer shall not absolve the Architect of

this responsibilities and liabilities under the Contract.

18.4 The Architect shall undertake full responsibility for the accuracy, correctness and

technical soundness of the works/services and shall guarantee that the same shall be in

accordance with the relevant Indian standards and in conformity with good Engineering

practices.


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Clause 19: Patent Rights

The Architect shall indemnify the Employer its representatives or its employees against,

any action, claim or proceedings relating to infringement or use of any patent or design or

any alleged patent or design rights and royalties or fees or other charges for patents

covering processes/ designs etc., used for or in connection with the Works under the

Contract. In the event of any claim being made or action being brought against Employer

or any agency, servant or employee of the Employer in respect of such matters as

aforesaid, the Architect shall immediately be notified thereof for immediate settlement

failing which the Employer, at the Architect‟s expenses may negotiate for settlement

thereof.

Clause 20: Force Majeure

20.1 The term “Force Majeure” shall herein mean civil commotion (to the extent not

insurable), riots (other than among the Architect‟s employees), invasion, act of foreign

enemies, hostilities, war (whether declared or not), Civil war, rebellion, revolution,

insurgence, military or usurped power, damage from aircraft, nuclear fission, act of

natural phenomenon such as earthquake (above 7 magnitude on Richter scale), lightning,

unprecedented floods, fires not caused by the Architect‟s negligence and other such

causes over which the Architect has no control and are accepted as such by the Engineer-

in-charge whose decision shall be final and binding. In the event of either party being

rendered unable by Force Majeure to perform any obligation required to be performed by

them under this Contract, the relative obligation of the party affected by such Force

Majeure shall be treated as suspended for the period during which such Force Majeure

cause lasts, provided the party alleging that it has been rendered unable as aforesaid shall

notify within 10 (ten) days of the alleged beginning and ending thereof giving full

particular and satisfactory evidence in support of such causes.

20.2 Neither party to the Contract shall be liable to the other in respect of any loss or damage

which may occur or arise out of “Force Majeure” to the work or any part thereof or to any

material or article or to any person or anything whatsoever of either party provided such a

loss or damage could not have been foreseen or avoided by a prudent person and that

either party shall bear losses and damage in respect of their respective work, men and

materials. As such liability of either party shall include claims/compensation of the third

party also.

20.3 Should there be a request for extension of time arising out of “Force Majeure” the same

shall be considered in accordance with Clause-25.

Clause 21: Deviation

21.1 The Engineer-in-Charge shall have powers to make any alternations, additions or

omissions from the work/service(s) as described in the Contract, that may, in his opinion

be necessary at or during the course of execution of Works and shall have power to direct

the Architect to do so. The Architect shall carryout the same, as per the terms and

conditions as provided in the Contract Document.


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21.2 No such aforesaid variation shall in any way vitiate or invalidate the Contract and the

Architect shall be bound to carry out the works in accordance with the instructions given

to him by the Engineer-in-charge and such alternations, omissions, additions or

substitutions shall form part of the Contract as if it was originally provided therein and

the same shall be carried out by the Architect on the same terms and conditions in all

respects including the prices as provided in sub Clause 21.1 above.

21.3 If requested by the Architect, the Time for Completion of the Works/services shall, in the

event any authorized deviations resulting in additional services to those provided in the

Contract, be extended in the proportion which the additional or substituted

work(s)/services bears to the original work(s)/services plus such further additional time

as may be considered reasonable by the Engineer-in-charge whose decision shall be final

and binding on the Architect as to such provision.

21.4 No extra payment shall be made if there is any variation (increase/decrease) in plinth area

of the Unit.

21.5 For any extra visit, if required beyond the scheduled 10 visits, for field coordination

during actual execution and construction, the rate for per additional visit shall be paid at

the unit rate of item no. 1 of Part-B of Price Schedule.

For posting of architect (with minimum five year experience after graduation) for more

than 12 months, the additional rate per month shall be paid at the unit rate of item no. 2 of

Part-B of Price Schedule, Section-V.

The Break Down will also be considered for deduction from Contract Price in case of less

than 10 visits and/or in case the architect is posted for less than 28 months.

Clause 22: Suspension of work

22.1 The Architect shall, on receipt of order from Engineer-in-charge suspend the

work/service or any part thereof for such period as is necessary in the opinion of

Engineer-in-charge. The Architect shall not be entitled for any compensation whatsoever

for such suspension of work. The Architect shall however be entitled to such extension

of time as the Engineer-in-charge may consider proper having regard to the period of

such suspension.

22.2 In case the progress of any work or any part thereof is suspended on the order of the

Engineer-in-charge for more than 3 months a time, the Architect may serve a written

notice on the Engineer-in-charge requiring permission within 15 days from the receipt

thereof to resume the performance of services in respect of any suspended work or part

thereof and if such permission is not granted, within that time the Architect by a further

written notice so served may (but is not bound to) elect to treat the suspension where it

affects part only of the works as an omission of such part or where it effects the whole of

work as an abandonment of the Contract by the Employer.


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22.3 In case the Employer abandons the Contract by informing the Architect in writing

irrespective of whether the Employer is not satisfied with the professional service

rendered by the Architect or otherwise, the Employer will pay the Architect for the work

done and/or the services rendered under the Contract upto the date of receipt of

intimation for abandonment of the Contract or part thereof by the Architect. Such

expenses shall be based on fee/charges and payment schedule defined under Price

Schedule and Clause 28 and subject to provision of Clause 26 of this Contract. The

Architect shall have no claim to any payment of compensation as otherwise on account of

any profit or advantage, which he might have derived from the execution of work in full,

which he could not derive due to abandonment of work.

22.4 In the event of such an abandonment/suspension the drawing/designs and other

documents completed or in process of completion and all other data, documents, etc.

supplied by the Employer shall be handed over by the Architect to the Employer for their

use or otherwise. The Architect shall, however, have no right to abandon the

Contract/suspend the work at any stage unilaterally.

Clause 23: Termination of Contract on Death

23.1 If the Architect is an individual or a proprietary concern, and individual or the proprietor

dies or if one of the partners of the Architect dies unless the Engineer-in-charge is

satisfied that the legal representatives of the surviving partners are capable of carrying

out and completing the contract, the Engineer-in-charge shall be entitled to terminate the

Contract as, to its uncompleted part without the Employer being in any way liable to

payment of any compensation whatsoever on any account to the surviving partners of the

Architect‟s firm on account of termination of the Contract. The decision of the Engineer-

in-charge that the legal representative of the surviving partners of the Architect‟s firm

cannot carry out and complete the works under the Contract shall be final and the

Employer shall not hold the surviving partners of the Architect‟s firm liable for damage

for not completing the Contract. Provided that the power of the Engineer-in-charge of

such termination of Contract shall be without prejudice to another right or remedy which

shall have accrued or shall accrue to him under the Contract.

Clause 24: Default by the Consultant/Architect and Termination of Contract in full or in

part.

24.1 If the Architect

i) commits default in complying with or commits breach of any of the terms and

conditions of the Contract and does not remedy it or take effective steps to remedy it

immediately and not later than 10 days in any case after a notice in writing is given

to him in that behalf by the Engineer-in-charge; or

ii) fails to complete the Work(s) or any item of works within the time specified in the

contract or any extended time under the Contract and does not complete the Work(s)

or any item of work(s) within the period specified in a notice given in writing in that

behalf by the Engineer-in-charge; or


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iii) indulges in corrupt or fraudulent or collusive or coercive practice(s) and committed

default under Integrity Pact as defined in Clause 38 of GCC; or

iv) being an individual, or if a firm/any partner thereof shall at any time be adjudged

insolvent or have a receiving order or order for administration of his estate made

against him or shall take any proceeding for liquidation for the purpose of

amalgamation or reconstruction under the insolvency Act for the time being in force

or make any conveyance or assignment for the benefit of his creditors or purport as

to do, or if any application be made under any insolvency Act for the time being in

force for the sequestration of his estate or if a trust deed be executed by him for the

benefit of his creditors; or

v) being a company shall pass a resolution or the court shall make an order for the

liquidation of its affairs or a receiver or manager on behalf of the debenture holders

shall be appointed or circumstances shall arise which entitle the court or debenture

holders to appoint a receiver or manager; or

vi) shall suffer an execution in an execution being levied on his goods; or

vii) assigns, transfer, sub-lets, or attempts to assign, transfer or sub-let the entire works or

any portion thereof without the prior written approval of the Engineer-in-charge;

then the engineer-in-charge shall have powers to terminate the Contract in full or in

part as aforesaid without prejudice to any other right or remedy, which shall have

accrued or shall accrue, of which cancellation notice in writing to the Architect under

the hand of the Engineer-in-charge shall be conclusive evidence. The Architect shall

have no right or claim whatsoever on any account against the Employer on such

cancellation and all decisions/action of the Engineer-in-charge under this clause, as

aforesaid shall be conclusive and binding on the Architect.

24.2 In case the Contract is terminated as per Clause 24.1 above, the Engineer-in-charge shall

also have powers to carry out the incomplete work by any means or through any other

agency or by himself at the risk and cost of the Architect. In such a case, the value of the

work done through such agencies shall be credited to the Architect at his contract prices

/rates and the Architect shall pay the excess amount, it any, incurred in completing the

work as aforesaid, as stipulated under sub-clause hereunder.

24.3 If the expenses incurred or to be incurred by the Employer for carrying out and

completing the incomplete work or part of the same, as certified by the Engineer-in-

charge, are in excess of the value of the work credited/to be credited to the Architect, the

difference shall be paid by the Architect to the Employer. If the Architect fails to pay

such an amount, as aforesaid, within thirty days of receipt of notice in writing from the

Engineer-in-charge, the Engineer-in-charge shall be empowered to recover such amount

from any sum due to the Architect on any account under this or any other contract or

from his security deposit or otherwise.


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24.4 All decisions/actions of the Engineer-in-charge under this clause, as aforesaid, shall be

conclusive and binding on the Consultant/Architect.

Clause 25: Completion Time and Extension

25.1 The Time for Completion of the Work is 20 (twenty) months. Major milestones for the

completion of Works are indicated in Schedule “A”. The Architect shall submit a

detailed phased program of the services to be rendered by him conforming the above said

Schedule “A” within 10 days of issue of letter of award to Engineer-in-Charge. The time

allowed for completion of Works (Time for Completion) as specified in the Schedule “A”

or the extended time, if any, in accordance with these conditions shall be the essence of

the Contract.

25.2 However, if the work is delayed on account of;

i) increase in quantity of work to be done under the contract as per Clause 21.1;

ii) “Force Majeure” as per Clause 20;

iii) suspension of work ordered by the Engineer-in charge as per Clause 22;

iv) any other cause which, in absolute discretion of the Engineer-in-charge is beyond

the Architect‟s control;

then, immediately upon the happening of any such event, as aforesaid, the Architect shall

inform the Engineer-in-charge accordingly, but the Architect shall, nevertheless, use

constantly his best endeavor to prevent and/or make good the delay and shall do all that

may be required in this regard. The Architect shall request in writing, for extension of

Time for Completion, to which he may consider himself eligible under the contract,

within fourteen days of the date of happening of any such events as indicated above.

25.3 In any such case as may have arisen due to any of the events, as aforesaid and which may

have been brought out by the Architect in writing, the Engineer-in-charge may give a fair

and reasonable extension of Time for Completion. Provided, in the event of non-receipt

of request for such extension from the Architect for any reason whatsoever, the Engineer-

in-charge may at his sole discretion and with due regard to the event, grant fair and

reasonable extension of Time for Completion. Such extension as admissible shall be

communicated to the Architect by the Engineer-in-charge in writing within one month of

the date of receipt of such request or within one month of the occurrence of the event and

in case before the expiry of the Contract Period (Time for Completion).

Clause 26: Compensation for delay in completion of the work/services

26.1 If the Architect fails to complete the items/group/sub-group of work/services under this

Contract by the periods stipulated in Schedule “A” or any extended period, as may be

allowed, he shall without prejudice to any other right or remedy of the Employer on

account of such default shall pay an agreed pre-estimated compensation for delay but not

by way of penalty to the Employer. Such an amount shall be calculated at the rate

specified in Schedule- A of the Contract Sum payable under the Contract for delay of

each week or part thereof. The total amount of such compensation for delay will,


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however, be limited to a maximum of 5% of the Contract Sum+ GST @ 18% / prevailing

rate. Compensation for delay will be applicable on non-achievement of the milestones

specified in Schedule “A”.

Clause 27: Fee / Charges

27.1 The rate/fee/charges provided in the Price Schedule, Section-V should remain firm and

no escalation due to any reason whatsoever during the pendency of Contract shall be

payable.

27.2 Unless otherwise specifically provided in the Contract, the rate/fee/charges provided in

Price Schedule, Section-V shall be deemed to include cost, charges of all the items of

work stipulated in Scope of Services including any incidental, ancillary and any other

item of work/services(s) which are not specifically mentioned in the Contract, but are

considered necessary to complete a certain item of work/service(s)

27.3 Any statutory payments / fees to Govt. / local authorities of UT Administration

Chandigarh made by the Consultant for obtaining statutory clearances of works covered

in the scope shall be reimbursed to the Consultant on production of documentary

evidence.

Clause 28: Payment on Account

28.1 The Architect shall be required to obtain;

i) Proof of registration with regional Provident Fund Commissioner, if applicable,

ii) PAN, GST Registration number as applicable,

or any other statutory requirement before release of first payment.

28.2 The payment of the fees/charges as stipulated in Price Schedule, Section-V under this

contract will be made in accordance to Schedule “B”. After approval of the Engineer-in-

charge for the items of work detailed in Schedule “B”, the bill for the same shall be

submitted by the Architect to the Engineer-in-charge who shall then arrange to have the

same verified. The payment will be made within 21 days from the date of Submission of

bill subject to acceptance by the Engineer-in-charge. The payment on account for the

amount admissible shall be made by the Engineer-in-charge certifying the sum to which

the Architect is considered entitled by way of interim payment for the work executed

after deducting there from, the amounts already paid, the Security Deposit and such other

amounts as may be required to be withheld / deductible /recoverable in terms of the

Contract.

28.3 Payment due to the Architect shall be made by the Engineer-in-charge. All payments

under the contract shall be made through E-Payment/ RTGS to the Architect on

submission of documents as required under conditions of contract. The Architect shall

open account for payment with Bank(s) having Core banking Facility (CBS Branch) and

furnish the details of the same to the Engineer-in-charge.


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28.4 Should there be a request for extension of Time for Completion pending its consideration,

interim payments shall continue to be made as provided herein.

28.5 Any interim bills given relating to the work done may be modified or corrected by any

subsequent interim bills. No certificate supporting the interim payment shall itself be

conclusive evidence that the work is fully in accordance with the Contract.

28.6 in case of payment of interim bills to Micro & Small Enterprise (MSE), following

provision shall apply :

In no case, the payments to MSEs (Micro & Small Enterprises) Consultant shall be

delayed beyond forty five (45) days from the day of acceptance, subject to submission of

invoice on or before the day of acceptance.

Day of acceptance means day of actual rendering of services; or where any objection is

made in writing by Engineer regarding acceptance of service within fifteen days from the

date of rendering of services, the day on which such objection is removed by the

Consultant.

In case payments are not released as mentioned above, Employer shall pay the principal

amount plus compound interest with monthly rests from the date immediately following

the date agreed upon @ three times of bank rates as notified by Reserve Bank of India

from time to time.

28.7 in case of payment of interim bills to non-MSE, following provision shall apply :

In case the payments to Non-MSE Consultant are not released within 45 days,

Employer shall pay the principal amount plus simple interest from the date

immediately following the date agreed upon @ 8% p.a.

Clause 29: Completion Certificate

The Works shall be completed to the entire satisfaction of the Engineer-in–charge in

accordance with the Section-I-Scope of Services as per time period given in Schedule

“A” and terms and conditions mentioned in Clause 25. As soon as the Works under the

Contract is completed as whole, the Architect shall give notice of such completion to the

Engineer-in-charge. The Engineer-in-charge, within 15 days of receipt of such notice,

shall satisfy himself that the Works have been completed in accordance with the

provisions of the Contract and then issue to the Architect, a Certificate of Completion

indicating the date of completion. Should the Engineer-in-charge notice that there are

defects in the Works or the Works are not considered to be complete, he shall issue a

notice in writing to the Architect to rectify/replace the defective work or any part thereof

or complete the work, as the case may be, within such time as may be noticed and after

the Architect has complied with as aforesaid and gives notice of completion, the

Engineer-in-charge shall inspect the work again and issue the Completion Certificate in

the same manner as aforesaid.


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Clause 30: Payment of Final Bill.

The Architect shall submit the final bill within one month of the date fixed for

completion of work or of the date of the Completion Certificate furnished by the

Engineer-in-charge. No further claims in this regard unless as specified herein under shall

be entertained. Payment shall be made within three months after submission of such bill.

If there shall be any dispute about any item or items of the work then the undisputed item

or items only shall be paid within the said period of three months. The Architect shall

submit a list of the disputed items within thirty days from the disallowance thereof and if

he fails to do so, his claim shall be deemed to have been fully waived and absolutely

extinguish.

Clause 31: Overpayment and Under Payment

31.1 Whenever any claim whatsoever for the payment of a sum of money to the Employer

arises out of or under this Contract against the Architect, the same may be deducted by

the Employer from any sum which any time thereafter, may become due to the Architect,

under this Contract then due or falling that under any other contract with the Employer or

from his security deposit or he shall pay the claim on demand.

31.2 The Employer reserves the right to carry out post-payment audit and technical

examination of the final bill including all supporting vouchers, abstracts, etc. The

Employer further reserves the right to enforce recovery of any overpayment when

detected, notwithstanding the fact that the amount of the final bill may be included by one

of the parties as an item of dispute before an arbitrator appointed under Clause 34 of this

Contract and notwithstanding the fact that the amount of the final bill figures in the

arbitration award.

31.3 If as a result of such audit and technical examination any overpayment is discovered in

respect of any work done by the Architect, or alleged to have been done by him under the

Contract, it shall be recovered by the Employer from the Architect, by any or all of the

methods prescribed above, and if any under-payment is discovered, the amount shall be

duly paid to the Architect, by the Employer.

31.4 Provided that the aforesaid right of the Employer to adjust over payments against

amounts due to the Architect under any other contract with the Employer shall not extend

beyond the period of two years from the date of payment of the final bill or in case the

final bill is MINUS bill, from the date the amount payable by the Architect under the

MINUS final bill is communicated to the Architect.

31.5 Any sum of money due and payable to the Architect (including the Security Deposit

returnable to him) under the Contract may be withheld or retained by way of lien by the

Engineer-in-Charge or Employer against any claim of the Employer or such other person

or persons in respect of payment of a sum of money arising out of or under any other

contract made by the Architect with the Engineer-in-charge or Employer or with such

other person or persons.


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31.6 The sum of money so withheld or retained under this clause by the Engineer-in-charge or

Employer will be kept withheld or retained as such by the Engineer-in-charge or

Employer or till his claim arising out of in the same contract or any other contract is

either mutually settled or determined by the Arbitrator, if the Contract is governed by the

arbitration clause under Clause-34 or by the competent court hereinafter provided, as the

case may be, and the Architect shall have no claim for interest or damages whatsoever on

this account or any other ground in respect of any sum of money withheld or retained

under this clause.

Clause 32: Laws Governing the Contract 32.1 This Contract shall be governed by the Indian Laws for the time being in force. All

matters arising out of or in connection with this Contract shall be subject to exclusive

jurisdiction of courts at Shimla only.

Clause 33: Contract matters to be treated as Confidential.

33.1 All documents correspondences, decisions, and order concerning the Contract shall be

considered as confidential and/of restricted in nature by the Consultant and he shall not

divulge or allow access to them by any unauthorized person.

33.2 The Architect shall take necessary steps to ensure that all persons employed on any work

in connection with this Contract have noted that the Indian official Secrets Act 1923

(XIX of 1923) applies to them and shall continue so as to apply even after the execution

of such works under the Contract.

Clause 34: Arbitration

34.1 Except as otherwise provided, in clause-36 hereinafter, all questions, dispute or difference

in respect of which the decision has not been final and conclusive arising between the

consultant and the Employer, in relation to or in connection with the Contract shall be

referred for arbitration in the manner provided as under and to the sole Arbitrator appointed

as follows:

(a) Either of the parties may give to the other a notice in writing of the existence of such

question, dispute or difference,

(b) Within thirty (30) days of receipt of such notice from either party, the Engineer-in-

charge of the Works at the time of such dispute shall send to the Consultant a panel

of three persons and thereafter the Consultant within fifteen (15) days of receipt of

such panel, communicate to the Engineer-in-charge the name of one of the persons

from such panel and such a person shall then be appointed Sole arbitrator by the

Engineer-in-charge.

(c) Provided that if the Consultant fails to communicate the selection of a name out of

the panel so forwarded to him by the Engineer-in-charge then, after the expiry of

the aforesaid stipulated period, the Engineer-in-charge shall without delay select

one person from the aforesaid panel and appoint him as Sole Arbitrator.


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34.2 The disputes or differences shall be settled in accordance with Arbitration and Conciliation

Act, 1996, as amended by Arbitration and Conciliation (Amendment) Bill 2015 or any

other amendment issued from time to time and the Sole Arbitrator shall make a speaking

award.

34.3 Arbitration proceedings shall be held at Shimla, and the language of the arbitration

proceedings and that of all documents and communications between the parties shall be

English.

34.4 The cost and expenses of Arbitration proceedings will be borne equally by both the parties,

as determined by the Sole Arbitrator. However, the expenses incurred by each party in

connection with the preparation, presentation etc. of its proceedings shall be borne by each

party itself.

34.5 The Arbitrator to whom the matter is originally referred, being transferred or vacating his

office or being unable to act for any reason, then the Engineer-in-charge shall appoint

another person to act as Sole Arbitrator as per the procedure prescribed under clause 34.1

above. Such person shall be entitled to proceed with the reference from the stage at which

it was left by the predecessor.

34.6 Performance under the Contract shall continue during the arbitration proceedings and

payments due to the Consultant by the Employer shall not be withheld, unless they are the

subject matter of the arbitration proceedings.

34.7 Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD)

In the event of any dispute or difference relating to the interpretation and application of the

of the provision of commercial contact (s) between Central Public sector Enterprise (s)/Port

Trusts inter se and also between CPSEs and Governmental Departments/Organizations

(Excluding disputes concerning Railways, Income Tax, Customs & Excise Departments),

such dispute or difference shall be taken up either party for resolution through

Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) having two level

(Tier) structures in terms of DPE Office Memorandum No. 4(1)/2013-DPE (GM)/FTS-

1835 dated 22.05.18

Unless otherwise agreed by both Parties: The following structure and procedure shall be

followed by the concerned disputing parties:

Structure: (i) At the first Level (Tier), such commercial disputes shall be referred to a

Committee comprising of Secretaries of the Administrative Ministries/Departments to

which the disputing CPSEs/Parties belong and Secretary – D/o Legal Affairs. The

Financial Advisors (FAs) of the two concerned Administrative Ministries/Departments

will represent the issue related to the dispute in question before the above Committee. In

case the two disputing parties belong to the same Ministry/Department, the above said

Committee will comprise Secretary of the Administrative Ministry/Department

concerned, Secretary – D/o Legal Affairs and Secretary-Department of Public Enterprise.


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In such a case, the matter may be represented before the Committee by the FA and one

Joint Secretary of that Ministry/Department.

Further, in case of a dispute between CPSE and State Government

Department/Organization, the above said committee will comprise the Secretary of the

Ministry/Department of the Union to which the CPSE belongs and Secretary-D/o Legal

Affairs and a senior office nominated by the Chief Secretary of the State concerned. In

such a case, the matter will be represented before the Committee by the FA of the

concerned administrative Ministry/Department and the concerned Principal Secretary of

the State Government Department/Organization.

In case the dispute remains unresolved even after consideration by the above Committee, the

same will be referred to the Second Level (Tier) to the Cabinet Secretary, whose decision will be

final and binding on all concerned.

Procedure: (i)At the First Level (Tier), the claiming party (Claimant) will approach the

FA of it‟s administrative Ministry/Department for representing the dispute before the

Secretary of it‟s administrative Ministry/Department. The Secretary of administrative

Ministry/Department of claiming party will intimate the same to the secretary of

administrative Ministry/Department of responding party (Respondent) and Secretary- D/o

Legal Affairs and thereafter meetings will take place in the administrative

Ministry/Department of the claiming party to examine the facts and resolve the dispute on

merit. The FAs of the concerned administrative Ministry/Departments will represent the

issues related to the dispute in question before the above Committee. After arriving at a

decision by the committee, the secretary of the administrative Ministry/Department of the

claiming party will write down the decision and it will be signed jointly by both the

Secretaries and Secretary – D/o Legal Affairs. A copy of the decision will be

communicated by the Secretary of the administrative Ministry/Department of the

claiming party to each party to the dispute for implementation.

In case where one party (1st Party) to the dispute is a Department/Organization of a State

Government, the procedure for admitting the dispute will be same as above, however, all

meetings in connection with resolution of the dispute will be held in the administrative

Ministry/Department (Union) of other party (2nd

Party) irrespective of the position of the

1st Party whether as a Claimant or Respondent. The presentation of the issues before the

above Committee in this case will be done by the FA of the concerned Administrative

Ministry/Department and concerned Principal Secretary of the State Government

Department/Organization.

(ii) The Committee of Secretaries at first Level (Tier) shall finalise its decision within 03

months after having received the reference/notice in writing regarding the dispute from

the concerned aggrieved party.

Appeal: Any party aggrieved with the decision of the Committee at First Level (Tier)

may prefer an appeal before the cabinet Secretary at Second Level (Tier) within 15 days

from the date of receipt of decision of the Committee at First Level, through it‟s

administrative Ministry/Department, whose decision will be final and binding on all

concerned.


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Clause 35: Limitation of liability

35.1 The Architect and the Employer agree that each shall assume full risk of damage or

injury to their respective properties, employees and representatives caused by any act,

omission to act by their respective employees or representatives, during the performance

of the Contract. Each party hereby releases the other from any and all liability or loss or

damage whatsoever so caused to its own properties and each party agrees to indemnify

and hold harmless the other against all liability so caused on account of personal injury to

its respective employees and representatives.

35.2 The Architect shall be responsible for payment of taxes, if any, leviable on the fees

received by it from the Employer in terms of this Contract and shall indemnify and keep

harmless the Employer against any claim or liabilities in this behalf.

Clause 36: Finality Clause

36.1 It shall be accepted as on inseparable part of the Contract that all the decisions taken

under the Clause 1(xiv), 5,9,20,21,23,24,25 and 26 by the Engineer-in-charge, which

shall be given in writing, shall be final and binding on the Architect.

Clause 37: Sum payable by way of compensations to be considered as reasonable without

reference to actual loss.

All sums payable by way of compensation to the Employer under any of these conditions

shall be considered as reasonable compensation without reference to the actual loss or

damages sustained by the Employer whether or not damage shall have been sustained.

Clause 38: Corrupt or Fraudulent Practices

If the Employer determines that the Architect has engaged in corrupt, fraudulent,

collusive or coercive practices and committed default under Integrity Pact, in competing

for or in executing the Contract, then the Employer may, after giving 14 days notice to

the Architect, terminate the Architect‟s employment under the Contract and expel him

from the Site, and the provisions of Clause 24 shall apply as if such expulsion had been

made under Sub-Clause 24.1.

For the purposes of this Sub-Clause:

(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly or

indirectly, of any thing of value to influence the action of a public official in the

procurement process or in contract execution;

(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to

influence a procurement process or the execution of a contract;

(iii) “collusive practices” means a scheme or arrangement between two or more

bidders, with or without the knowledge of the Borrower, designed to establish bid

prices at artificial, non-competitive levels;

(iv) “coercive practices” means harming or threatening to harm, directly or indirectly,

persons, or their property to influence their participation in a procurement process,

or affect the execution of a contract.


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(v) An agreement called Integrity Pact between the prospective Bidders and the

Employer shall be signed committing the persons /officials of both the parties, not

to exercise any corrupt influence on any aspect of the Tender/Contract. The

Independent External Monitor(s) appointed by the Employer shall oversee the

compliance of obligation under the Integrity Pact.

----End of Section VI----


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SECTION VII

FORMS, PROCEDURES AND INTEGRITY PACT

WITH GUIDELINES ON BANNING BUSINESS

DEALINGS


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BID SECURITY FORM

Bank Guarantee

Date:______________

(Name of Contract)

To: (Name and address of Employer)

WHEREAS (name of Bidder) (hereinafter called “the Bidder”) has submitted its Bid

dated (date of bid) for the performance of the above-named Contract (hereinafter called

“the Bid”)

KNOW ALL PERSONS by these present that WE (name of Bank) of (address of bank)

(hereinafter called “the Bank”), are bound unto (name of Employer) (hereinafter called

“the Employer”) for the sum of: (amount), for which payment well and truly to be made

to the said Employer, the Bank binds itself, its successors and assigns by these presents.

Sealed with the Common Seal of the said Bank this _________ day of _______2020.

THE CONDITIONS of this obligation are as follows:

1. If the Bidder withdraws its Bid during the period of bid validity specified by the

Bidder in the Bid Form, or adopts corrupt or fraudulent or collusive or coercive

practices and committed default under Integrity Pact.

2. If the Bidder, having been notified of the acceptance of its Bid by the Employer

during the period of bid validity

a) fails or refuses to sign the Contract Agreement when required, or

b) fails or refuses to submit the performance security deposit in accordance with the

Tender Documents.

c) fails to commence the works as per GCC clause 12.

WE undertake to pay to the Employer up to the above amount upon receipt of its first

written demand, without the Employer having to substantiate its demand, provided that in

its demand the Employer will mention that the amount claimed by it is due, owing to the

occurrence of one or both of the two above-named CONDITIONS, and specifying the

occurred condition or conditions.

(**)

This guarantee will remain in force upto and including ____________ (date 90 days after

the period of bid validity) and any demand in respect thereof must reach the Bank not

later than the above date.

Notwithstanding anything contained herein:


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(1) Our liability under this bank guarantee shall not exceed Rs. __________.

(2) This bank guarantee shall be valid upto ______________; AND

(3) We are liable to pay the guaranteed amount or any part thereof under this bank

guarantee only and only if you serve upon us a written claim or demand on or

before ______________.

Dated _____________ this day of _____________2020 at ________________.

Common Seal of the Bank

Note: 1. (**) Employer may also present any of his demands at the counters of the .............

(Name and branch of the Bank in India)............for further relay to us. (To be

inserted in case of a foreign currency bank guarantee issued by an overseas bank

outside India)

2. The issuing bank shall write the name of bank‟s controlling branch/office

alongwith contact details like telephone/fax and full correspondence address, in

order to get the confirmation of BG from that branch/office, if so required.

3 The issuing bank shall submit an unstamped duplicate copy of Bank Guarantees

directly by registered post (A.D.) to the Employer, with a forwarding letter.


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FORM OF AGREEMENT

AGREEMENT

This Agreement is made on __________ day of _________ Two Thousand Twenty between the

SJVN Ltd., registered and existing under the Laws of India and having its registered office at

SJVN Corporate Head Quarter, Shanan, Malyana, Himachal Pradesh - 171006 (hereinafter

referred to as the "Employer" which expression shall unless repugnant to the context or

meaning thereof include its successors and assigns) of the one part and ________________

(herein after called "Consultant" which expression shall unless repugnant to the context or

meaning thereof, include its successors and permitted assigns) of the other part.

WHEREAS the Employer is desirous that certain consultancy services should be provided by

the Consultant, viz. „Consultancy Services for Construction of Transit Camp at Plot no. 540,

Sector-33, Chandigarh’ and has accepted the Bid of the Consultant for the same at a cost of

___________ as per LOA no. SJVN/CHQ/CCD/ARCH/2020- dated ______.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement, words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter referred to.

2 The following documents attached hereto shall be deemed to form and be read and

construed as an integral part of the Contract, viz.:

I. Agreement

II. Letter of Acceptance

III. Special Conditions of Contract

IV. Price Schedule, Section-V

V. Information to Bidders and Scope of Work.

VI. Tender Form, Form of Declaration and other Schedules

VII. General Conditions of Contract,

VIII. Forms, Procedures and Integrity Pact with Guidelines on Banning Business

Dealings.

IX. Drawings

3. In consideration of the payments to be made by the Employer to the Consultant as

hereinafter mentioned, the Consultant hereby covenants with the Employer to provide the

Services in conformity in all respect as per the provisions of the Contract.

4. The Employer hereby covenants to pay the Consultant in consideration of the Services,

the Contract Price or such other sum as may become payable under the provisions of the

Contract at the time and in the manner prescribed by the Contract.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed

the day and year first before written.


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For & on behalf of the Consultant

Name :

Designation :

For & on behalf of the Employer

Name :

Designation :

Witness.

Witness.

1. Name & Address

2. Name & Address

1. Name & Address

2. Name & Address


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PERFORMANCE SECURITY FORM

Bank Guarantee

(To be stamped in accordance with Stamp Act

if any, of the Country of the Issuing Bank)

Bank Guarantee No...........

Date...................................

To,

[Employer's Name & Address]

Dear Sirs,

In consideration of the ... [Employer's Name]........ (hereinafter referred to as the „Employer‟

which expression shall unless repugnant to the context or meaning thereof, include its

successors, administrators and assigns) having awarded to M/s ......[Consultant's Name]............

with its Registered/Head Office at ............................. (hereinafter referred to as the „Consultant‟,

which expression shall unless repugnant to the context or meaning thereof, include its

successors, administrators, executors and assigns), a Contract by issue of Employer‟s Letter of

Acceptance No................ dated......... and the same having been acknowledged by the consultant,

for ---------------[Contract sum in figures and words] for ………[ Name of the work] and the

Consultant having agreed to provide a Contract Performance Guarantee for the faithful

performance of the entire Contract equivalent to .......(*)...........of the said value of the aforesaid

work under the Contract to the Employer.

We ................[Name & Address of the Bank]..........having its Head Office

at...........................(hereinafter referred to as the „Bank‟, which expression shall, unless

repugnant to the context or meaning thereof, include its successors, administrators, executors and

assigns) do hereby guarantee and undertake to pay the Employer, on demand any and all monies

payable by the Consultant to the extent of ..................(*).................... as aforesaid at any time

upto .........................(@)...................... [days/month/year] without any demur, reservation,

contest, recourse or protest and/or without any reference to the Consultant. Any such demand

made by the Employer on the Bank shall be conclusive and binding notwithstanding any

difference between the Employer and the Consultant or any dispute pending before any Court,

Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee

during its currency without previous consent of the Employer and further agrees that the

guarantees herein contained shall continue to be enforceable till the Employer discharges this

guarantee or till …………(+)…….. [days/month/year] whichever is earlier.

(**)

The Employer shall have the fullest liberty, without affecting in any way the liability of the Bank

under this guarantee, from time to time to extend the time for performance of the Contract by the

Consultant. The Employer shall have the fullest liberty, without affecting this guarantee, to

postpone from time to time the exercise of any powers vested in them or of any right which they

might have against the Consultant, and to exercise the same at any time in any manner, and


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either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract

between the Employer and the Consultant or any other course or remedy or security available to

the Employer. The Bank shall not be released of its obligations under these presents by any

exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or

by reason of any other act or forbearance or other acts of omission or commission on the part of

the Employer or any other indulgence shown by the Employer or by any other matter or thing

whatsoever which under the law would, but for this provision have the effect of relieving the

Bank.

The Bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee

against the Bank as a principal debtor, in the first instance without proceeding against the

Consultant and notwithstanding any security or other guarantee the Employer may have in

relation to the Consultant‟s liabilities.

i) Our liability under this Bank Guarantee shall not exceed ______(*)_________________.

ii) This Bank Guarantee shall be valid upto ________(+)____________.

iii) We are liable to pay the guaranteed amount or any part thereof under this Bank

Guarantee only and only if Employer serves upon Bank a written claim or demand on or

before (@) ______

Dated this .............................day of ..........2020.......................at..............

WITNESS

................................................ (Signature)...........................

(Signature)

................................................

(Name) (Name)..................................

.................................................. ..........................................

(Official Address) (Designation with Bank Stamp)

Attorney as per Power of Attorney

No......................

Dated.................................

Notes:- 1. (*) This sum shall be two percent (2%) of the Contract Price denominated in

the types and proportions of currencies.

(@) This date will be Nine (9) months beyond date of Completion as specified

in the Contract.

(**) Employer may also present any of his demands at the counters of the

..........(Name and branch of the Bank in India).......... for further relay to

us. (To be inserted in case of a foreign currency bank guarantee issued by

an overseas bank outside India)


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(+) This date will be Twelve (12) months from the date of Completion as

specified in the Contract.

2. The stamp papers of appropriate value shall be purchased in the name of The

Bank issuing the guarantee.

3 The issuing bank shall write the name of bank‟s controlling branch/office

alongwith contact details like telephone/fax and full correspondence address, in

order to get the confirmation of BG from that branch/office, if so required.

4 Bank Guarantee is required to be submitted directly to the Engineer-In-Charge by

the issuing bank (on behalf of Contractors/Suppliers) under registered post (A.D.).

The Supplier/Contractor can submit an advance copy of Bank Guarantee to the

Engineer-In-Charge. However, in case of exceptional circumstances where

efficient postal services are not in force, the Bank Guarantee may be submitted by

the Contractor/supplier directly to the Engineer-In-Charge and the issuing Bank

shall submit an unstamped duplicate copy of Bank Guarantees directly by

registered post (A.D.) to the Engineer-In-Charge, with a forwarding letter.


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INTEGRITY PACT

To be executed on plain paper at the time of submission of bid and on legal paper of appropriate value by

successful bidder (Consultant) prior to signing of Contract Agreement)

(Scanned, signed copy by Employer is attached separately and to be uploaded by Consultant after signing the same along with bid.

----End of Section VII----


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SECTION VIII

SPECIAL CONDITIONS OF CONTRACT


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SPECIAL CONDITIONS OF CONTRACT

1. The Special Conditions of Contract should be read in conjunction with General

Conditions of Contract. However, Special Conditions of Contract shall prevail in case of

any dispute / discrepancy.

2. In-house department for Architectural services should be available with the agency with

necessary Council of Architecture Registration.

3. The bidder shall visit the site to apprise themselves about the nature of consultancy

assignment, work conditions and site. Time allowed for execution of the consultancy

assignment shall be the essence of the contract.

4. Structures should be designed to take care of seismic, wind load and local climatic

conditions etc., as laid down in the relevant BIS code.

5. As far as possible the structures should be accommodated for optimal utilization of the

available land.

6. All drawings / prints for the consultancy works covered under the scope of consultancy

services are to be provided in opaque bond paper (white prints) of good quality.

7. On completion the buildings consultancy firm will prepare As Built

Drawings/Completion Drawings and furnish the same to the Engineer-In-Charge (EIC) at

no extra cost. Consultant will not be entitled to any payments for preparation and supply

of completion drawings.

8. Consultant is also required to submit soft copy of all drawings (.dwg format or as

prescribed by SJVN) and any other document as desired by SJVN in the format

prescribed by SJVN as and when required.

9. All drawings/ documents submitted by the tenderer to SJVN shall be the property of

SJVN. Further SJVN will have full copyrights to use such drawings/ documents in any

manner as and when required.

10. Design shall aim ease of construction and maintenance, provision of efficient and

comfortable services without sacrificing the unique and innovative architecture and

aesthetics. The architectural treatment and external finish shall incorporate indigenous

technique and materials requiring least maintenance effort.

11. Landscaping shall be conceived with a view to reduce the impact of built edifices and the

tropical heat, dust, winds and torrential rain. Optimum flow of natural light & ventilation

to be ensured.

12. Latest CPWD / specifications in Delhi Schedule of Rates. Items not covered in

specifications & Schedule of Rates shall be appropriately worded and its cost analysis

shall be either derived from schedule of rates or else based on the current market rate.

13. Architectural Design shall accommodate requirements as suggested by the

Corporation/SJVN.


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14. Consultant must comply with all National and State/UT laws, Codes and regulations, and

all municipal ordinances/ regulations in effect at the time the work is performed.

15. Consultant must ensure that the recommendations of Pollution Control Board for sewage

& other waste disposal system and for other compliances are duly taken care, and

consultant must obtain clearances that are required in this regard.

16. In case there is delay in construction of building on part of SJVN or said hired contractor

and not because of works related to Architect, the Consultant will be entitled for

Extension Time (EOT) without any cost compensation and this EOT shall be determined

by Engineer-in-charge (EIC) based on the delays on the part of SJVN and no claim shall

be entertained in this regard.

Consultancy Services for Construction of Transit Camp at Plot No....

Documents

Transcript of Consultancy Services for Construction of Transit Camp at Plot No....