National Institute of Technology Patna Page 1Of24 PMC Invitation Of

Invitation of Expression of Interest (EoI) cum Request For Proposal (RFP)

from Agencies Eligible under GFR 133(3)

For

PROVIDING PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES FOR SUPERVISION OF CONSTRUCTION & DEVELOPMENT OF INSTITUTE CAMPUS, HOSTELS AND RESIDENTIAL BUILDINGS, ETC. AT NIT Patna (Bihta Campus), Patna

National Institute of Technology Patna invites On-line tenders in two bids system from Central/State Public Sector Undertakings (PSUs) eligible as per GFR, 2017 u/s 133 (3) for Supervision of Construction & Development of Institute campus, Hostels and Residential Buildings, etc. at NIT Patna (Bihta Campus) Patna under EPC mode. The PMC Agency shall be selected /Appointed on the basis of Quality-cum-cost based selection system (QCCBS) as defined in the tender documents:

Important Instructions

1 Employer / Owner : National Institute of Technology, Patna

2 Estimated Cost of Project : i) Additional Campus: Rs. 468 Crore (APX) ii) EWS Boys, Hostel: Rs. 30 Crore (APX) 3 Completion Time : 21 Months

4 Cost of Tender Documents. In Form of : Rs. 25,000/- + GST as applicable DD/NEFT/RTGS Payable to The Registrar, NIT Patna payable at Patna

5 Bid Security Declaration : As per Annexure - A

National Institute of Technology Patna PMC Page 1of24 Time schedule for various tender related events:

Published Date 4 January 2021 (5:00PM)

Bid Document Download Start Date 4 January 2021 (5:00PM)

Clarification Start Date 4 January 2021 (5:00PM)

Clarification End Date 11 January 2021 (5:00PM)

Bid Submission Start Date 4 January 2021 (5:00PM)

Date of Pre-Bid Meeting 13 January 2021 (03:00PM)

Bid Document Download End Date 18 January 2021 (5:00PM)

Bid Submission End Date 25 January 2021 (11:00AM)

Technical Bid Opening Date 25 January 2021 (03:00PM)

Date of Opening of Financial Bid Will be intimated later

27 January 2021 (11:00AM) Presentation of Concept Note onward to be followed on next day, if required. At NIT Patna, Ashok Rajpath, Patna

Registrar, National Institute of Technology Patna Address For Communication Ashok Rajpath, Patna-800005, Bihar E-mail: [email protected]

Employer / Owner reserve the right to accept or reject any or all tenders without assigning any reason thereof

Tender Ref. No:

Tender Inviting Authority: Registrar, National Institute of Technology Patna

National Institute of Technology Patna PMC Page 2of24 BID DOCUMENT

FOR

SELECTION OF PROJECT MANAGEMENT CONSULTANT (PMC) Engineering and

Project Management Consultancy (PMC) Services for Supervision of Construction &

Development of Institute Campus, Hostels and Residential Buildings, etc. under EPC

mode at NIT Bihta Campus, Patna

Information to Bidders (ITB)

1.0 National Institute of Technology Patna is willing to engage the services of Project Management Consultant (PMC) from amongst Central / State Public Sector Undertakings (PSUs) eligible as per GFR, 2017 u/s 133 (3) for Supervision of Construction & development of Institute campus, Hostels and Residential Buildings at NIT Patna (Bihta Campus) under EPC mode. The Institute will select the PMC on the basis of Quality- cum-cost based selection system (QCBS). The estimated cost of the proposed Institute Campus including Student Hostels and Faculty Buildings, etc. is Approx. Rs. 468 Crore + Rs. 30 Crore.

2.0 Definitions

Unless context or consistency demands otherwise the following terms shall have the meaning assigned to them as under:

2.1 „Owner‟ shall mean National Institute of Technology Patna and shall include their legal representative, successor and permitted assigns.

2.2 „PMC' shall mean the Project Management Consultant engaged by the Owner.

National Institute of Technology Patna PMC Page 3of24 2.3 'Completion' shall mean that the work on any project phase is complete and is suitable for its intended use.

2.4 '’Authorized Representative' shall mean the representative of Project Management Consultant.

2.5 „Projects' shall mean „Supervision of Construction & Development of Institute campus, Hostels and Residential Buildings, etc. at Bihta (Patna)”.

2.6 „Services‟ shall mean the Comprehensive Design, Engineering and Project Management Consultancy services to be rendered by the PMC.

2.7 `Contractor’ means the contractor or contractors or suppliers or agencies employed by the Executing Agency for the work or any connected work, including the Executing Agency itself in case any work is done directly by the Executing Agency.

2.8 “Completion” means when the Building(s)/Structures(s) are complete in all respects along with associated services i.e. ready to occupy and are actually handed over to the Employer.

2.9 “CTE” means Chief Technical Examiner.

2.10 “CVC” means Central Vigilance Commission, Government of India.

2.11 “CAG” means Comptroller and Auditor General, Government of India.

2.12 “EPC” means Engineering, procurement and Construction mode.

2.13 “NITP” means National Institute of Technology, Patna.

2.14 “HEFA” means Higher Education Financing Agency.

3.0 Eligibility Criteria:-

3.1 As per clause 7.1 of this document.

4.0 The broad scope of the works / Terms of reference shall be:

i. Supervision of Construction & Development of Institute campus, Hostels and Residential Buildings, etc. under EPC mode by following all relevant building bye laws. ii. Supervision of the project including civil, architectural, Structural, Plumbing,

National Institute of Technology Patna PMC Page 4of24 Electrical, HVAC, Lab Equipment, Furniture & IT Networking designed and engineered by contractor under EPC mode where Engineering, Procurement, and Construction would be fully contracted. However, the conceptual drawing shall be prepared by PMC architect (as per MHRD office memorandum No. F.No.33- 1/2012.TS-III dated 03/06/2019. iii. Obtaining statutory approvals for design and drawings wherever applicable. iv. Project Management and Construction supervision as per design requirements by calling tender for Appointment of Contractor and follow CVC guidelines under. v. Obtaining completion / occupancy certificate, if applicable. vi. Handing over the facilities to Owner. vii. Maintenance of building / campus during the defect liability period of 24 months from date of handover.

Additional Campus of NIT, Patna at Bihta proposed Buildings

Item No. Sub-heads and items of work No of Approx. Block Built-up area in sq meter

1 Academic Blocks 5 27000 2 Lecture hall complex 1 14000 3 Administrative block 1 3500

4 Library cum Data centre 1 8200

5 Continuing Education Activity 1 5500 (CEP) centre 6 Students’ Activity Centre 1 2300 7a Boy’s Hostel Single Seater 1 11000

(600 Capacity) 7b Boy’s Hostel Double Seater 1 8500 (600 Capacity) 8 Girl’s Hostel Single cum Double 1 9500 (500 Capacity) 9 Transit Hostel (36 suites) 1 2400

10 Director residence cum Office 1 300.00 12 Faculty Quarters (2/3 BHK) 50 1 8100 Nos. 13 Staff Quarters (2BHK) 25 Nos 1 2100

14 Mess Boys 1 1500

15 Mess Girls 1 900 16 ESS, Plant room, pump room 1 1000 17 Civil and Electrical development of 50 Acre Land

National Institute of Technology Patna PMC Page 5of24 5.0 Bid Conditions:

5.0 The estimated cost of the project is Approx. Rs. 468 Crore + Rs. 30 Crore and duration is 21 Months ( 3 months for planning and 18 months for execution). The Bidders shall provide their services as PMC for a period of 21 Months or till the completion of the project whichever is later.

5.1 Owner reserves to itself the authority to reject any or all of the bids received and changes the scope of the work without assigning any reason. The Owner also reserves the right to itself to terminate the bidding process at any stage without assigning any reason.

5.2 The offer, in which any of the prescribed conditions is not fulfilled or where the bidder puts any condition including that of conditional rebate, shall be liable to be summarily rejected.

5.3 Canvassing whether directly or indirectly, in connection with the bid is strictly prohibited and the bid submitted by the bidder who resorts to canvassing in any form would be liable to rejection.

5.4 The offer shall remain open for acceptance for a period of 180 days from the date of opening of 'Bids'.

5.5 Bidder must ensure before submitting the bid that each and every page of the bid documents is signed by the authorized officer of the organization. The bid document shall form a part of the contract agreement. The successful bidder on acceptance of his bid by the Accepting Authority, and issue of letter of intent/ award shall, within15 days, sign the contract agreement / MOU.

5.6 To obtain first-hand information on the assignment and on the local conditions, bidders are advised to visit the site. Bidders are expected to be informed themselves of local conditions and take these into account while preparing their bids.

6.0 Submission of Bid:

Financial Bid to be submitted on the date mentioned above.

The Agency charges all inclusive but excluding GST for Providing Comprehensive Design Engineering and Project Management Consultancy (PMC) Services shall be quoted in terms of Fee both in figure and in words duly signed by the Authorized Signatory to be indicated in the prescribed format provided. GST as applicable shall be paid extra.

Owner shall reimburse/ pay all expenditure related to obtaining statuary clearances of the project as per actual including registration charges (if any) with concerned authority.

National Institute of Technology Patna PMC Page 6of24 7.0 Evaluation Criteria: Combined Quality cum Cost Based System (QCBS) as detailed in the tender.

7.1 Minimum Eligibility Criteria: The Agencies who fulfill the following minimum eligibility requirements shall be eligible to apply.

7.1.1 Should have satisfactorily completed as PMC for works as mentioned below during the last Five years ending previous day of last date of submission of tenders.

Three similar works each costing not less than 40% of the estimated cost of the project Or Two similar works each costing not less than 60% of the estimated cost of the project Or One similar work costing not less than 80% of the estimated cost of the project.

Similar works means experience in Providing Comprehensive Project Management Consultancy (PMC) Services for Educational, medical or research Institutes comprising of administrative buildings, hostels and residential buildings.

7.1.2 Average annual financial turn over should be at least 5 times the estimated cost of proposed project during the immediate last 3 consecutive financial year. 7.1.3 The agency should not have suffered losses during last 3 Financial Years.

7.1.4 Any Public Sector Undertaking set up by the Central / State Govt. to carry out Civil or Electrical works as per GFR clause 133(3) can participate in the bid. Other Central / State Govt. Organization / PSU notified the Ministry of Urban Development for such purpose can participate in the bid. Memorandum of Understanding (MOU) to be submitted along with the tender as documentary evidence for this purpose.

7.1.5 PMC should have completed one building project with minimum G+6 stories structure.

7.1.6 Agencies that are debarred or blacklisted by any Govt. Departments are not eligible to participate in the tender. A Certificate is to be submitted along with the bid by the bidders to the effect that they are not debarred or blacklisted by any Govt. Department. In case. if it is found at later stage that the bidder is a blacklisted company declared by any Govt. Department then the works may be withdrawn and EMD / bid security shall be forfeited.

7.2 Evaluation of Technical bid

The duly constituted Tender Evaluation Committee (TEC) shall evaluate the Technical Proposals on the basis of their responsiveness to the Terms of Reference and by applying the evaluation criteria bid shall be evaluated as under:

National Institute of Technology Patna PMC Page 7of24

S. No. Criterion Evaluation Criteria

A. Technical Manpower Max.20 marks (Presence of in-house professionally qualified staff in the PSU in indicative categories) (a) Civil Engineers Max. 10 marks Civil Engineers (Min. Qualification - B. Tech)  301andAbove : 10marks  Between 101 to 300 Engineers: 07marks  Between 50 to 100 Engineers : 5marks (iii) Electrical Engineers Max. 5 marks Electrical Engineer (Min. Qualification-B. Tech) 10andAbove : 5marks Between 1 to 9 Engineers: 3marks (iv) Architect Max. 5 marks Architect (Minimum Qualification – B. Arch)  05 and Above : 5marks  Between 01 to 04 Architects: 3marks B. Methodology , Max.25 Marks Understanding of Project and presentation on Concept Design (based on the presentation made before TEC) C. Past Experience of the PSU Max.30 marks i Experience in similar works Max.10 marks during last seven years : i) 06 Marks (60% marks) for minimum Projects successfully eligibility criteria completed ii) 10 Marks (100% marks) for twice or more the minimum eligibility criteria or more.

National Institute of Technology Patna PMC Page 8of24 ii Navratna and above / Max. 05 Marks Schedule A/ Mini Ratna / i)05 Marks for (Navratna & above) ii)03 Marks for (Schedule A Mini Ratna,) Schedule B/ Mini Ratna iii)02 Marks for (Schedule B/ Mini Ratna) iii No. of years in the relevant Max.05 Marks. operational area i) 05 Marks for more than 50years ii) 03 Marks for experience between 25 up to 50years iii) 02 Marks for experience between 10upto 25years iv MOU Rating of the PSU Max. 05 marks

MOU Rating for the last five Excellent:- 5 marks years. Very Good / Good:- 3 marks v Experience in Green Building Max.05 marks

i)05 marks for at least single project successfully completed with 05 Star GRIHA/Gold LEED rating ii) 04 marks for at least single project successfully completed with 04 Star GRIHA/Gold LEED rating iii) 03 marks for at least two project successfully completed with 03 Star GRIHA/Gold LEED rating

D Financial Capability Max.25 marks

i) Average Annual Financial Max.15 marks turnover in last five financial Years. i) 09 Marks ( 60% marks) for minimum eligibility criteria

(ii) 15 Marks (100% marks) for twice the minimum eligibility criteria or more. ii) Average Annual Profit (PBIDT) Max. 5 marks

National Institute of Technology Patna PMC Page 9of24 in last three financial years i)Between Rs. 50 – Rs. 100 Cr: 2 marks

ii)Between Rs. 100 – Rs. 300 Cr: 3 marks

iii)Above Rs. 300 Cr: 5 marks iii) Net worth as on 31stMarch of Max. 5 marks previous Financial Year i)Above Rs. 1000 Cr: 5 marks

ii)Between Rs. 500 – Rs. 1000 Cr: 3 marks

iii)Between Rs. 100 – Rs. 500 Cr: 2 mark Total 100 Marks

a) The Technical Evaluation shall be carried out based on the documents submitted by the bidder for technical bid.

b) The evaluated Bid will be given a Technical Score (TS). The minimum technical score required to qualify technical evaluation (Stage – I) is 60%. A bid will be considered unsuitable and will be rejected at this stage if it fails to achieve the minimum technical score. OWNER will notify bidders who fail to score the minimum technical score about the same and the Financial Bids of such failed bidders will not be opened. c) Owner will notify the bidders who secure the minimum qualifying technical score, indicating the date and time set for opening of the Financial Bids. The notification will be displayed on the Institute website and may be sent by the electronic mail.

7.3 Opening and Evaluation of Financial Bid

The Financial Bids will be opened only of those bidders who secure 60% marks and above in technical bid (Stage –I). The cost indicated in the Financial Bid shall be deemed as final and reflecting the total cost of services and should be stated in % only. The financial bid is excluding GST under the Applicable Law of the land.

7.4 Award of contract:

Selection of Bidder for Award of Work: The final selection of the tenderer for the award of work will be based on the scores secured by it in the Technical bid (Stage- I) and the price quoted by it in the financial bid (Stage-II) as detailed below: i) 80 % weightage will be considered for Technical Score (TS) obtained in the Technical bid (stage-I). ii) 20 % weightage will be considered for the price quoted by the bidder in the financial bid, this will be termed as Financial Score(FS).

National Institute of Technology Patna PMC Page 10of24 Financial score of the proposals will be determined using the following formula:

FS = 100 x (FL/F) Where,

„FS‟ is the financial score of an applicant,

„FL‟ is the lowest Financial Proposal among all and

„F‟ is the financial proposal of the particular applicant.

iii) For the purpose of calculation of Composite Score (S) for each bidder, the weightage shall be 80 % for the Technical Score (Stage - II) (TS) and 20% for Financial Score (FS) of the respective applicants. The Composite Score shall be calculated using the following formula: S = TS x 0.80 + FS x0.20.

Tenderers will be ranked accordingly to their Composite Scores and will be listed in the order of merit as H 1, H 2 and H 3 and so on. The top scorer H 1 would be eligible for award of work.

iv) Even though a bidder may satisfy the above requirements, the bidder would be liable to disqualification if he has: a. Made misleading or false representation or deliberately suppressing the information in the forms, statements and enclosures required in the prequalification document. b. Record of poor performance such as abandoning work, not properly completing the contract, or financial failures / weaknesses etc. v) Empanelment of the PSUs shall be subject to thorough verification of their credential and inspection of similar works carried out / in progress by them, through a Technical Committee of experts of NIT Patna.

7.5 Memorandum of Understanding (MOU)

The MOU between PMC and Owner will be executed as per the Annexure 8 of Manual for Procumbent of Works 2019.

8.0 Terms & Conditions of Engagement:

8.1 RESPONSIBILITIES OF THE PMC

A. Subsequent to signing of the agreement, the PMC shall take possession of all encumbrances free site from the Owner and shall nominate a responsible Engineer for execution of the project under intimation to the Owner.

B. A conceptual planning, designing of the project shall be done by the PMC as required by Owner. The PMC shall prepare a preliminary estimates, conceptual architectural scheme and service drawings required for tendering purpose of the Project after getting

National Institute of Technology Patna PMC Page 11of24 the concept and specifications approved from Owner. While detailing the scheme, PMC shall provide only those requirements, which can be accommodated within approved estimated cost, as per priority decided mutually between the Owner and the PMC.

C. PMC shall prepare preliminary estimates of cost of the various items of activity as required by Owner on CPWD plinth area rates and market rate analysis for items which are not included in CPWD, PAR, to be worked out as per standard methods (where ever applicable).

D. PMC shall supervise the works at sanctioned cost under EPC mode. In any case at detailed design/ execution stage, there will not be any increase in this sanctioned cost.

E. PMC shall prepare the tender documents comprising the technical specification, General Terms and Conditions, Special Conditions etc. for inviting tenders and appointing contractors under EPC mode.

F. The PMC shall invite the open tenders from the contractors/agencies meeting prequalification criteria for different packages for completion of the project.

G. PMC shall be wholly responsible for any observations/ comments/ defects pointed out by C.T.E / C.V.C / C.A.G in the planning and procedures of execution of this project.

H. PMC shall be fully responsible for the timely completion, the quality, any delay caused and structural safety of the construction.

I. Any defects discovered and brought to the notice of the PMC during the period aforesaid shall be rectified by the contractor appointed by the PMC. PMC shall ensure that in the event of the failure on the part of the Contractor, the same may without prejudice to any other rights available to it in law, be rectified by the PMC at the cost and expense of the Contractor.

J. The PMC shall unless otherwise specified be fully responsible for procurement of all materials and services for the Construction activity.

K. During the various stages of execution, PMC shall submit monthly progress reports with site photographs to the Owner.

L. PMC shall not charge separately for the expenses to meet work-charged establishment, staff salary, construction of site office, engagement of watch and ward staff, material testing, etc. as included in the cost estimates. For any other or the unforeseen expenses in the project, it has to be Approved by the Owner, separately.

M. PMC shall execute the work from concept to completion as per scope of work given by Owner on Engineering, Procurement, Construction (EPC) mode as described by the Central Govt., and complete it within a period mutually agreed between the parties. The project to be executed in EPC mode where Engineering, Procurement, Construction would be fully contracted. However, the conceptual drawing shall be prepared by PMC

National Institute of Technology Patna PMC Page 12of24 architect (as per MHRD office memorandum No. F.No.33-1/2012.TS-III dated 03/06/2019).

N. The PMC as an Executing Agency for the above / work project shall carry out the entire planning and construction of the Project for the intended use of the owner including its project management, supervision and related services.

O. PMC has to complete the work within the estimated cost. No revised estimate will be entertained during execution.

P. Based on the requirements and scope of work given by Owner, PMC shall submit preliminary drawings to Owner for approval.

Q. Based on approved preliminary drawings, PMC shall submit preliminary estimate of the work to Owner for approval.

R. PMC to forward draft tender copy to Owner before issuing notice inviting tender (NIT). The suggestions of Owner will be considered by PMC for incorporating in the Tender document.

S. PMC will include Owner in all stages of tendering and award process, detailed discussions while finalizing the tender with the potential contractors.

T. PMC will provide copy of important communications and documents with the contractor and of the contractor for information to Owner.

U. After receipt of Administrative Approval and Expenditure Sanction (A/A & E/S) from the owner, the PMC will prepare and submit various detailed architectural drawings and service plans to Local Bodies whose approvals are required before taking up the construction work.

V. PMC shall complete the work within a period of 21 months (3 months for planning + 18 months for execution of works). The completion time shall be reckoned from the date of signing of MOU or handing over of clear site by Owner. In case there is any delay in activities to be carried out by external agencies or due to factors beyond the control of PMC, the time for completion of the work will be suitably enlarged.

W. PMC shall submit the program for completion of work as per approved preliminary drawings and preliminary estimate to Owner for approval. The contractor after award of work will submit QAP and will get approved from Owner.

X. For executing contract on EPC methodology, PMC shall ensure the following important provisions to be considered while framing estimate, preparing NIT etc.:-

National Institute of Technology Patna PMC Page 13of24 I. Enabling estimate can be submitted as per Owner requirement for carrying out pre- construction activities wherever required for conceptual planning purpose to assess the precise requirement of the scope of work. II. The PMC Architect shall prepare the concept design, preliminary drawings and specifications based on detailed requirements of the work, in consultation with the Owner before preparation of Preliminary Estimate. III. Soil investigation report shall be appended in the notice Inviting Tender for indicative purpose only. IV. The responsibility of investigations, designing, planning, procurement, construction, safety, quality, and risk of engineering lies with the contractor and the same will be incorporated in the notice Inviting Tender (NIT) by the PMC. V. Mode of measurements for payment purpose will be decided by the Owner on recommendation of the PMC.

Y. PMC shall follow the general guidelines for EPC contracts with a sample item along with scope of work to be adopted for EPC contracts as given in SOP (Annexure B).

8.2 RESPONSIBILITIES OF THE OWNER

8.3 The Owner shall demarcate and make available the site for individual project free of all encumbrances or charges. However, PMC agency will make all communications to obtain approval for fire safety and from forest departments etc. to clear the site.

8.4 The Owner shall exercise its responsibility of the Project by signing the drawings required for Statutory Authorities and also by giving necessary authorization to PMC to secure approvals from local bodies of statutory authorities for the planning, construction as contemplated in this agreement from time to time. However, the Owner shall help the PMC to the extent of writing letters to local bodies regarding getting such approvals.

8.5 Owner or any person authorized by them may inspect and check the „Construction Work‟ from time to time to see that the project / various buildings are being constructed as per drawings & specifications as provided in the approved Estimate. If during the inspection, any defects or variation without the written request of the Owner are found shall be rectified by the Execution agency at their own cost.

8.6 Owner shall release the funds/payments promptly to ensure that the progress of work should not hamper due to non-availability of fund.

8.7 Owner shall make all the statutory payments to the local Government or any other statutory body or bodies relating to the project.

10.0 PAYMENT TERMS

National Institute of Technology Patna PMC Page 14of24

10.1 PMC shall work on EPC Mode basis under Higher Education Funding Agency (HEFA) guidelines for this project on behalf of Owner and shall be paid the quoted Fee on the actual cost of work for Project Management, Supervision, and Services including GST as applicable.

10.2 The expression `actual cost of works‟ shall include the following:

a) All the final payments made to the contractor(s) and agency as agreed upon in the tender for the construction of all the buildings, services, related facilities, etc.

b) All costs of materials acquired for the project and used on the work, either directly or through the contractor(s) including storage charges, carriage and any other incidental charges connected with such materials but excluding the material not incorporated or not handed over to the Owner.

c) Actual cost of site survey, soil testing charges, laboratory charges for testing of any material, manufactured or built items including the cost of cartage of samples to and from the laboratory.

d) The cost towards vetting of design/drawings from any reputed Institute /IIT/NIT and/or their services for consulting any matter concerning the project.

e) All liabilities payable to the contractors/ Sub-Contractor, suppliers and other agencies to the extent these falls within the definition of actual cost as may be left outstanding at the time of payment of final bill provided they have been accepted by the PMC as balance payment against final bill of these agencies.

f) GST shall be reimbursed to the Executing Agency. Any other tax levied by Govt. after signing this agreement is to be paid extra.

g) All liabilities arising out of any court decree or arbitration award and /or any additional costs transpiring due to the direction of any Court/tribunal /statutory body and/or any other legal costs including but not limited to the cost of hiring advocates, getting legal opinions, filing of pleadings etc. for the purpose of initiating on behalf of, or defending, itself or the owner in any suit or arbitration, in respect of any dispute arising out of the Project works done or to be done and/or freeing the site of all encumbrances and/or charges.

This Sub-Clause only addresses disputes/arbitrations/suits with any or all of the Contractors or any other person(s) body/authority. Nothing in this Sub-Clause shall be construed to cover any disputes/arbitrations/suits between the Owner and the PMC, in which case, each party shall bear its own costs.

The parties hereto understand and agree that although these costs will come under actual costs and therefore be borne by the Owner, the same shall not be taken into

National Institute of Technology Patna PMC Page 15of24 account for the purpose of calculating the Agency charges except for such costs which as a result of an order/judgment/decree have resulted in some form of addition or variation in the Project work. 10.3 The actual final cost of work shall not include: a) Cost of land. b) Cost paid by the Owner to local Government or any other statutory body or bodies for getting approvals for the project etc.

10.4 The payments by the Owner shall be made by transfer of funds in a bank account of Contractor/PMC or by Demand Draft / Cheque or e-Transfer through HEFA on recommendation of the PMC.

10.5 The Owner can give initial deposit of 5% (Five percent only) or as accepted by HEFA as advance, on an interest as charged by HEFA, if any, of the estimated cost on signing of the MOU.

10.6 The Owner will further give 5% (Five percent only) or as accepted by HEFA as advance of the awarded cost at the time of award of work to the contractor. This advance will be recovered from the contractor from each running bill from the first running account bill of the contractor.

10.7 The PMC shall give their reimbursement bill which will be linked with the progress of work along with their expenditure claim (including agency charges) duly certified by a representative of PMC on the project, for reimbursement of expenditure incurred. The Owner shall release the payment through HEFA on submission of the invoices/reimbursement bill by the PMC. On completion of work, the accounts of the works shall be closed and a final statement shall be submitted for settlement along with refund of excess deposit received, if any, audited by a Chartered Accountant.

11.0 COMPLETION OF THE PROJECT

th 11.1 The date of start of the work shall be reckoned from the 15 day after signing of MOU, handing over the encumbrance free site or sanctioned of estimate or approvals of Drawings by the statutory authorities whichever is later.

11.2 The work shall be completed in all respect within a period of 21 months in accordance with the mutual agreement decided upon from the date specified in Clause 11.1 above.

11.3 The PMC shall ensure observance of all labour and other laws applicable in the matter and shall indemnify and keep indemnified the owner against effect of non-observance of any such laws.

11.4 The PMC shall submit completion report with drawings and maintenance schedules to the Owner within 60 (Sixty) day of completion of work.

11.5 The defect liability period of this project shall be 24 months after completion of work or taking over of building whichever is earlier. PMC shall be responsible for satisfactory rectification of defects.

National Institute of Technology Patna PMC Page 16of24 12.0 LIQUIDATED DAMAGES

12.1 PMC shall be required to complete the construction of project within the period stipulated in the MOU. In exceptional case of delay, which may occur due to the reasons beyond the control of contractor, PMC may approach the Owner with full details for extension in time limit for completion of the works. The extension may be provided, if the reason of delay is accepted by the Competent Authority of the owner, otherwise no time extension will be allowed.

12.2 In case, completion of the project is delayed and duly approved by the Competent Authority of the owner, due to reasons solely attributable to the contractors/Agencies/Suppliers engaged for the project by the PMC, the PMC shall impose liquidated damages @ 0.50 % (Zero point Five zero percent) on awarded contract value for each week of delay subject to a maximum of 10% (ten percent) of the awarded contract value and the benefit shall be passed on to the Owner.

12.3 In the case of delay in completion of the project, the PMC shall be liable to pay as damages to „Owner‟ a sum calculated @ 0.25% (Zero point two five percent) of the Agency Charges for the balance work for each month of delay, subject to a maximum of 5% (Five percent) of the Agency Charges.

12.4 The PMC shall be fully responsible to defend any suits or arbitration cases arising out of project in connection with the work between the PMC and its Contractor(s).

12.5 Any compensation levied by the PMC due to non-fulfillment of any clause of the contract by the contractor or any such recovery from the contractor for bad work or any other reasons whatsoever shall be passed on to the Owner.

13.0 FORCE MAJEURE

The PMC shall not be considered in default if delay in completion of the work occurs due to cause beyond its control such as acts of God, natural calamities, civil wars, fire, strike, frost, floods, riots and acts of unsurpassed power. The PMC shall notify „Owner‟ in writing within ten days from the date of such occurrence. In the event of delay due to such causes, the completion schedule will be extended for a length of time equal to the period of force majeure duly approved by the Competent Authority of the owner. Any expenditure incurred by the PMC during the period of force majeure shall be reimbursed by the Owner. In case of closer of work due to the force majeure, any liabilities towards contractor and/or expenditure of the PMC shall be payable by the Employer.

PMC shall not hold responsible any contractor/ agency for the delay/ stoppage of work due to force majeure conditions like natural calamities, civil disturbance, war, etc. and for losses suffered if any, by the Owner on this account. Suitable force majeure clause shall be incorporated in all the agreement entered into by the PMC with the contractors/agencies.

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14.0 ARBITRATION

14.1 In the event of any disputes or difference relating to the interpretation and application of the provisions of the contracts, (whether during the progress of the works or after their completion) the same shall be settled amicably through mutual discussions or shall be referred by either party to the arbitration of one of the arbitrators in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in charge of the Bureau of Public Enterprises. The Arbitration Act, 1996 shall not be applicable to the arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Govt. of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary when so authorized by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

14.2 All Arbitration award(s) / court decree(s) in the favour of the contractor (s) shall be borne by the „Owner‟. However, PMC shall not be paid any fee on such Arbitration award(s)/ court decree(s) in the favour of contractor(s). The cost of any arbitration award or the cost as a result of any direction of any court in respect of the work done or to be done shall be borne and paid by the Owner.

14.3 The Arbitration/ Court cases shall be contested by PMC on behalf of the Owner and necessary fees and expenditure shall be borne and paid by the Owner.

15.0 JURISDICTION

This Award of work / agreement is subject to the jurisdiction of Patna only.

National Institute of Technology Patna PMC Page 18of24 Annexure-I

LETTER OF TRANSMITTAL

From:

To, Registrar, NIT Patna Patna Sub: Financial Bid for Comprehensive Project Management Consultancy Work of supervision for Construction and Development of Institute campus, Hostels and Residential Buildings at NIT Patna

Sir, Having examined the details given in bid document for the above work, I / We hereby submit the „Bid‟. I/We hereby agree with the terms & conditions mentioned in the bid document.

Yours faithfully,

(Signature, name and Designation of authorize person with complete address of PSU)

(Please affix seal)

National Institute of Technology Patna PMC Page 19of24 ANNEXURE II

Details about Bidding Agency

S.No. Particulars 1. Full name of the Bidder PSU (In capital letters) 2. Full address of the Bidder PSU 3. (A) Telephone No. (B) Fax No. 4. Names and details of the Authorize d Signatory of this NIT (Address, contact telephone Number, Mobile number, FAX No., Email ID) 5. Has the bidder PSU been black listed by any organization? If so, attach the details of the same. 6. PAN: 7. TAN: 8. GST registration No.: 9. MOU Ratings for the past Five years. Green Building 10 Experience No. of full time Graduate Supporting Staff (Technical) 11. employees for the Engineers Organization

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12 Financial strength of the Organization for the last 5 years. Attach photo copies audited balance sheets. Turnover 2015- 2016-17 2017-18 2017-18 2018- (IN 16 19 CRORE)

Net Profit 2015- 2016-17 2017-18 2017-18 2018- (After tax) 16 19 (IN CRORE)

Attach attested copies of all the documents in support of above mentioned points.

9. It is hereby certified that ------(The bidding PSU herein) has never been black-listed by Central/ State Governments/ PSUs.

10. It is hereby submitted that all the terms and conditions of this NIT are acceptable to the Bidder PSU.

I hereby certify that the above-mentioned particulars are true and correct.

Signature of Authorized Signatory. Name of Authorized Signatory PSU Stamp

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Annexure III

Details of personnel

S. No. Category No. of persons

1 Graduate Engineers - Civil - Electrical - Architect 2 Supporting Staff (Technical) TOTAL

Signature of Authorized Signatory. Name of Authorized Signatory PSU Stamp

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ANNEXURE IV

Details of Works / Projects executed during last Seven years

S. NAME OF NAME OF EXACT APPROV DATE OF TIMELINE ACTUA L FINAL IS THERE ANY REMARK NO. OWNER PROJECT LOCATI ED COST COMMEN FIXED DATE OF COST DISPUTE / S DEPARTME ON OF CEMENT FOR COMPLE OF LEGAL NT /SITE PROJET OF COMPLET TION PROJ CASE/ARBI- OF THE (in PROJECT ION ECT TRATION PROJE lakhs) (in CASE CT lakhs) PENDING IN RESPECT OF THE PROJECT

Signature of Authorized Signatory. Name of Authorized Signatory PSU Stamp

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Annexure V

Details of Network offices in Patna and surrounding Area

S. Location No. of personnel Details of Details of No. Office Infrastructur Space e Graduate Supporting Engineer Staff (Technical) ------1 ------Sq. ft. 2 3 Sq. ft.

Signature of Authorized Signatory. Name of Authorized Signatory PSU Stamp

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Annexure- VI

Financial Bid

From:

To, Registrar, NIT Patna Patna

Sub: Financial Bid for Comprehensive Project Management Consultancy Work of supervision for Construction and Development of Institute campus, Hostels and Residential Buildings at NIT Patna (Bihta)

Dear Sir,

In response to bid document for the above work, we hereby quote our Fee in percentage (%) toward Project Management, Supervision, Services including Architectural Services for planning, designing, and Consultancy Services as per the scope defined in the tender documents asunder:

S. No. Particula In Figure In Words rs 1. Percentage of Fee for Project Management, Supervision and ----% Consultancy Services of the subject project

Note:-

1. PMC shall execute the work on “EPC Mode” on behalf of Owner.

2. Fee is exclusive of GST which shall be payable on actual basis as applicable on submission of documentary evidence.

(Signature, name and Designation of authorize person with complete address of Consultancy Agency/ Organization)

(Please affix seal)

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ANNEXURE A

BID SECURITY DECLARATION To: The Registrar NIT Patna

We, the undersigned, declare that: We understand that, according to your conditions, bids must be supported by a Bid- Securing Declaration. We accept that we will automatically be suspended from being eligible for bidding in any contract with NIT Patna for the period of time of 3 years starting on , 2021 , if we are in breach of our obligation(s) under the bid conditions, because we:

(a) have withdrawn our Bid during the period of bid validity specified in the Letter of Bid; or (b) having been notified of the acceptance of our Bid by NIT Patna during the period of bid validity,

(i) fail or refuse to execute the Contract, if required, or (ii) fail or refuse to furnish the Performance Security, in accordance with ITB 38.

We understand this Bid-Securing Declaration shall expire if we are not the successful Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the successful Bidder; or (ii) twenty – eight days after the expiration of our Bid

Signed: Name: [insert complete name of person signing the Bid-Securing Declaration] Duly authorized to sign the bid for and on behalf of: [insert complete name of Bidder] Dated on ______day of ______, ______[insert date of signing] Corporate Seal (where appropriate)

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ANNEXURE B

Standard Operating Procedure (SOP): Execution of Works on EPC Contract Basis

1. As per OM No28012/11/2016 – W.3 dated 29th November 2016, of MoHUA‟s Works division and DG, CPWD‟s OM No DG/MAN/Misc./09 dated 9th May 2017, works of value more than Rs 100 crores or as notified from time to time are taken up under EPC (turnkey) mode.

2. As per the OM of NITI Aayog dated 5th September 2016, the model EPC bidding document published by the erstwhile Planning Commission suitably revisited or modified wherever required, to suit the requirements of the work, is adopted by the Owner.

3. After the receipt of requisition for the work, the owner is advised that they need not engage Design/Structural Consultants as the same would be part of the EPC tender. The detailed planning is the responsibility of the contractor but the monitoring is done by the Engineer in Charge of PMC. For works undertaken in the EPC mode, sanction is obtained on the basis of Detailed or Preliminary Project Report as per feasibility and requirement and submitted as per understanding with the Owner.

4. The concept design, preliminary drawings and specifications based on detailed requirements of the work, in consultation with the Owner, is prepared before framing of the preliminary estimate (PE). The PMC concerned Architectural unit prepares the concept design, preliminary drawings and specifications based on detailed requirements of the work, in consultation with the Owner.

5. The Preliminary Estimate (PE) or any other document submitted for obtaining Administrative Approval and Expenditure Sanction defines accurately the scope of the work in terms of outcomes and performance parameters.

6. The following details are obtained to enable Preliminary Project Planning (PPP) (both Engineering and Architecture) for preparation of the PE: (i) Document showing ownership of land duly certified by the owner that the same would be in a position to be handed over to the contractor upon award of work free from all encumbrances and encroachments. (ii) Boundary of the plot(s) either constructed or demarcated and free from dispute. (iii) Topographical Map of the site. (iv) Geotechnical Data (which includes a study of foundation system of structures including private structures - in the vicinity and is as per codal provisions for the proposed structures). (v) Sources of the Bulk Services required as well as approved waste dumps for waste disposal. (vi) Mandatory (e.g. fire, lift, EI, WS and SI etc.) as well as optional (HVAC, STP, RO, UPS, DG, SPV, Solar water heating etc.) services for each building/structure required by the Owner and found feasible. (vii) Statutory Approvals required.

7. The Preliminary Project Planning (PPP) is developed on the basis of above details and is submitted to the owner prior to the submission of the PE includes the following in respect of the buildings: (i) Scope of work (ii) Floor plans for building etc. and geometry Client PMC Page 26of24

for other works etc. (iii) Elevations/Sections/Perspectives (iv) Layout plan(s) (v) 3-D Block view (s) (vi) Area and/or Length statements as applicable (vii) Specifications in detail for each structure/building and its services to be included in the PE.

8. Soil investigation report is appended in the notice inviting tender (NIT) prepared by PMC for indicative purpose only.

9. The responsibility of investigations, designing, planning, procurement, construction, safety, quality, and risk of engineering lies with the contractor.

10. The PE submitted to the Owner includes, in addition to the PE, the following:- (i) Brief description of the Procurement Method (which also mentions the name of work). (ii) The obligations on the part of the Owner department, PMC, and the contractor with specified time limits for smooth execution of work. (iii) Architectural, Structural and MEP services specifications along with special conditions for execution of these jobs. (iv) In addition to the structures and their mandatory services (e.g. Internal Electrification, Fire Services, Lifts, Water Supply, Sewerage etc. where applicable) the list of optional services desired by the client. (v) Cost Estimate on simple Plinth Area or length basis where possible and detailed basis for others etc. including provision for cost of design development by contractor and risk devolving on the contractor. (vi) Provision is made separately for post completion operational cost (for 5 years or higher as agreed with the Owner) and maintenance cost (beyond free maintenance period and upto 5 years or higher as agreed with client). (vii) List of approved makes and models for components. (viii) Tentative time frame for completion, post completion operation and maintenance. (ix) List of three or more suitable agencies (proof check agencies) or parameters for the selection of the proof check agencies, tasked with checking and approving the design submitted by the contractor from engineering and architectural aspects. (x) Procedure and time frame for approval of implications of changes in scope of work requisitioned by the Owner as compared to that indicated in the sanctioned PE.

11. For works undertaken by in the EPC mode, the Contractor takes the full responsibility for the design and execution. Only the scope, description of work, specifications, approved conceptual drawings for engineering and architectural planning, and schedule of quantities (if available) and as provided in the contract document, is kept on record and a No Objection Certificate is recorded by the Engineer in Charge of the PMC for the drawings prepared and submitted by the contractor after proof check, before the same is released for execution.

12. The contractor gets NOC for the design from the Engineer in Charge of the PMC for functional aspects and aesthetics and from the approved proof check agency for engineering and architectural considerations. The officers of the PMC are responsible for broad oversight of these aspects without being expected to examine the design.

13. For EPC contracts, the Engineer in Charge of the PMC ascertains the reasonableness of prices using analytical methods such as tendered amount for similar works whose tenders were accepted in the recent past, and any other method approved jointly by the

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PMC and Owner for ascertaining the reasonability of the tendered amount of the L1 bidder. The acceptance of financial bid is jointly approved by the PMC and Owner to approve the financial bids for the work of EPC contracts.

14. Submission of measurements, in case of EPC contracts, is only for record purpose. Payment of bills of the contractor is made on basis of stage-wise completion of work as per terms of the contract.

------XXX ------

ANNEXURE C

SITE LOCATION of NIT Patna Bihta Campus

The new campus of the Institute is bounded with South side (SE 25.57591 Latitude 84.83377 longitude, SW 25.57644 latitude 84.83036 longitude) and North side (NW25.58612 latitude 84.83340 longitude NE 25.58604 latitude 84.83838 longitude) at an approximate distance of 07 km from proposed Bihta Airport and distance of 06 km from Bihta Railway Station. Patna is the capital city of Bihar, and is located at 15.91˚N latitude and 79.74°E longitude and new campus is around 40Km from Patna city.

The site for construction of NITP was given by the Government of Bihar. An area of ~125 acres in mauja Sikandarpur, Bihta was transferred to NIT Patna. The work for construction of the compound wall around the campus is in the advanced stage of completion. The construction of institute buildings at NIT Patna is to be taken up in this area.

SITE ACCESSIBILITY: The Project site is located at Bihta, Patna in the district of Bihar. The surrounding areas of the proposed NIT Patna are NH-30 just adjacent towards south direction. Bihta is a major railway station on the Delhi – Howrah railway line about 06 km. NH-30 in the south direction is the main road connectivity to the project site.

CLIMATE: The region has a subtropical climate, which is largely homogenous. It is of moderate type characterized by quite hot summers to moderately cold winters. It varies from 43ºC to 30ºC during summers and 21.4 to 5 ºC in the winters. The summer begins in April and peaks in June/July with the temperature soaring upto 43ºC. The rains last through August & September continues upto early October and receives medium to heavy rainfall in the monsoon. Relative humidity goes up to 100% during summers.

Topography: The region is a part of the Indo-Gangetic alluvium, one of the three main physiographic divisions of India, which separates Extra-Peninsular regions on the north from the peninsular region on the south. The level plain is known to be the outcome of a granular filling of a great depression with alluvial sediments since Middle Pleistocene times. The region forms a part of the flood plains of the river Ganga and has monotonously flat relief. The area under study is underlain by alluvial sediments of quaternary age. The quaternary sediments deposited unconformable on the Achaean basement.

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Soil: The farming conditions in the study region are mainly dependent on soil, topography, and irrigation systems prevalent in the area. The region has mainly four types of soils ranging from moderately well drain to poorly drained, acidic to slighty alkaline and medium to heavy textured. From the farming point of view only four types of soils may be recognized as light to heavy in texture namely Heavy clay (Kewal), Loam (Domat), Very Light soil (Balsundari) and Alkaline (Rehara) respectively.

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