MADHYA PRADESH JAL NIGAM
(A Govt. of M.P. Undertaking)
REQUEST FOR PROPOSAL (RFP)
FOR SELECTION OF SUPERVISION AND QUALITY CONTROL CONSULTANT (SQC (Q&M)) FOR OPERATION & MAINTENANCE OF MULTI VILLAGE SCHEMES (MVS) FOR PROJECT IMPLEMENTATION UNIT (PIU), TIKAMGARH
RFP No. 26/Proc./SQC (O&M)/2019-20/Bhopal Dated 24/01/2020
MANAGING DIRECTOR Madhya Pradesh Jal Nigam D- Wing, 2nd Floor, Vindhyachal Bhavan, Bhopal – 462004 (M.P.) www.mpjalnigam.mp.gov.in, E-mail: [email protected] Ph: 0755-2579874, 2579034-36 Fax: 0755-2579873 CIN. No. U41000MP2012SGC028798
CONTENTS
SECTION 1 - NOTICE INVITING e-TENDERS ...... 7 SECTION 2 - INSTRUCTIONS TO BIDDERS ...... 9 DATA SHEET ...... 18 SECTION 3 - TECHNICAL PROPOSAL STANDARD FORMS...... 27 SECTION 4 - UNDER TAKING OF FINANCIAL PROPOSAL ...... 37 SECTION 5 - TERMS OF REFERENCE (TOR) ...... 39 SECTION 6 - DRAFT FORM OF CONTRACT ...... 54 I. FORM OF CONTRACT ...... 56 II. GENERAL CONDITIONS OF CONTRACT ...... 58 III. SPECIAL CONDITIONS OF CONTRACT ...... 72 IV. APPENDICES ...... 75
Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh MADHYA PRADESH JAL NIGAM (A Govt. of Madhya Pradesh Undertaking) "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 www.mpjalnigam.mp.gov.in, E-mail: [email protected] Ph: 0755-2579874-2579034-35-36 Fax: 0755-2579873 CIN. No. U41000MP2012SGC028798 NIT No. 23-32/Proc./SQC (O&M)/2019-20 Bhopal, Dated 24/01/2020
NOTICE INVITING ONLINE REQUEST FOR PROPOSAL (RFP) FOR SUPERVISION AND QUALITY CONTROL CONSULTANT FOR OPERATION & MAINTENANCE (SQC (O&M)) OF MULTI VILLAGE SCHEMES (MVS) Madhya Pradesh Jal Nigam (MPJN) intends to engage Supervision and Quality Control Consultancy on man-month basis for supervision/monitoring & evaluation of Operation & Maintenance [SQC (O&M)] of Multi Village Schemes (MVS) at Project Implementation Unit (PIU) at Bhopal, Indore, Gwalior, Rajgarh, Tikamgarh, Panna, Damoh, Shahdol & Seoni under following bids. Bids are invited online in three cover system.
Probable Cost of No. of Amount of EMD Bid Bid No. PIU Name of scheme/District Villages Consultancy (In Rs.) Document (In Lakh) (In Rs.) Mardanpur/Sehore 189 23/Proc./SQC Bhopal Udaipura/Raisen 107 278.28 2,78,500/- 15,000/- (O&M)/2019-20 Sagad-Hinotiya Mali/Vidisha 109 Jhurki/Seoni 15 Mohkhed/Chhindwada 30 24/Proc./SQC Seoni Siddhghat- 171.84 1,72,000/- 12,500/- (O&M)/2019-20 96 Sakrimorchaghat/Seoni Bandol/Seoni 208 Bansujara 25/Proc./SQC Panna 120 (Badamalhera)/Chhatarpur 113.40 1,13,500/- 12,500/- (O&M)/2019-20 Damoh Byarma/Damoh 22 26/Proc./SQC Niwadi/Niwadi 32 Tikamgarh 103.80 1,04,000/- 12,500/- (O&M)/2019-20 Niwadi-Prathvipur-I/ Niwadi 145 Narhela/Morena 34 27/Proc./SQC Gwalior Udgawan/Datia 71 100.32 1,00,500/- 12,500/- (O&M)/2019-20 Badonkalan/Datia 61 Majholi/Sidhi 26 28/Proc./SQC Manpur/Umaria 19 Shahdol 95.52 96,000/- 10,000/- (O&M)/2019-20 Kirgi/Annpuur 51 Gohparu/Shahdol 36
Roshni/Khandawa 28 29/Proc./SQC Indore Talunkhurd/Barwani 27 87.24 87,500/- 10,000/- (O&M)/2019-20 Bagod.Nandiya 60 Pipaliya/Khargone
P a g e 3 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Probable Cost of No. of Amount of EMD Bid Bid No. PIU Name of scheme/District Villages Consultancy (In Rs.) Document (In Lakh) (In Rs.) Punjapura/Dewas 25 30/Proc./SQC Arniya Bahadur/Ujjain 17 Indore 87.24 87,500/- 10,000/- (O&M)/2019-20 Gangawabdi/Neemuch 30 Nagda/Ujjain 22 31/Proc./SQC Bankpura- Rajgarh 126 87.24 87,500/- 10,000/- (O&M)/2019-20 Khushalpura/Rajgarh Piparjhari/Balaghat 8 32/Proc./SQC Bhatera/Balaghat 18 Seoni 78.96 79,000/- 10,000/- (O&M)/2019-20 Dhuti/Balaghat 20 Devsarra/Balaghat 34
1. GENERAL
a. RFP of proposed Supervision and Quality Control Consultant for Operation & Maintenance [SQC (O&M)] can be seen and downloaded from the M.P. Government E- Procurement Portal https://mptenders.gov.in. b. Cost of Bid Document and EMD of required amount to be submitted online at the time of bid submission on Madhya Pradesh Government E-Procurement Portal https://mptenders.gov.in. c. The pre-bid meeting will be held as per schedule mentioned on M.P. Government E- Procurement Portal at MPJN office address. d. Bids should remain valid for a period of 180 Days (One Hundred Eighty Days) from the date of bid submission. e. Madhya Pradesh Jal Nigam will not be responsible for any delay in online submission of bid due to any reason by the bidder. f. The Madhya Pradesh Jal Nigam reserves the right to accept or reject any bid, cancel the bidding process and reject all bids, at any time prior to the award of contract, without incurring any notice and answerability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders on the grounds for the employer’s discretion. g. The Bidders must visit the project area and all components of MVS before submission of bid. h. Normally, one firm will get Letter of Acceptance for maximum three packages, even if it is lowest in other packages also, but it will be at the discretion of the Competent Authority to award more than three packages to any firm, if situation so arises. i. If any firm has offered lowest rates in more than three packages, then the firm shall be free to choose any three of these packages. j. The second lowest firm, in above condition, will be negotiated to accept offer at the lowest offered rates of that package. If second lowest firm doesn't accept, then the third lowest firm will be negotiated and so on.
P a g e 4 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
2. REGISTRATION Bidders are required to enrol on the e-Procurement module of the M.P. Government E- Procurement Portal (URL: https://mptenders.gov.in) by clicking on the link “Online bidder Enrolment” on the M.P. Government E-Procurement Portal which is free of charge. 3. The firm should fulfil the eligibility criteria specified in the Data Sheet to qualify for participation in the bid. 4. The firm will be selected under Least Cost Based Selection (LCBS) procedure described in the RFP. Detailed terms & conditions are mentioned in the tender document. 5. All future addendums and corrigendum (s) shall be put on M.P. Government E- Procurement Portal https://mptenders.gov.in and not in any newspaper. 6. Duly filled in bid documents are to be submitted as mentioned on portal as critical date and time. 7. Madhya Pradesh Jal Nigam reserves the right to accept/reject any/all tenders without assigning any reason thereof.
GENERAL INSTRUCTION REGARDING ONLINE SUBMISSION
1. Bidder should consider any corrigendum/addendum published online on the tender document before submitting their bids.
2. The bid should contain all relevant detail as required in bid document as well as by MP E- Procurement portal.
SUBMISSION OF BIDS a) Bidder must log into the site (https://mptenders.gov.in/) well in advance for bid submission so that they can upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to other issues. b) The bidder must digitally sign and upload the required bid documents one by one as indicated in the tender document. c) Tender document cost / EMD: Bidder should submit tender document cost / EMD as per prescribed procedure of Madhya Pradesh E-Procurement Portal. The bidders will be required to upload scanned copies of transaction of payment of tender document cost / EMD at the time of bid submission. d) Bidders must note that they should necessarily submit their financial bids in the format provided and no other format is acceptable. If the price bid has been given as a standard BOQ format with the tender document, then the same is to be downloaded and to be filled by all the bidders. Bidders are required to download the BOQ file, open it and complete the white coloured (unprotected) cells with their respective financial quotes and other details (such as name of the RFP Bid Document). No other cells should be changed. Once the details have been completed, the bidder should save it and submit it online, without
P a g e 5 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
changing the filename. If the BOQ file is found to be modified by the bidder, the bid will be rejected. e) The server time (which is displayed on the bidders’ dashboard) will be considered as the standard time for referencing the deadlines for submission of the bids by the bidders, opening of bids, etc. The bidders should follow this time during bid submission. f) All the documents being submitted by the bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the data. The data entered cannot be viewed by unauthorized persons until the time of bid opening. The confidentiality of the bids is maintained using the secured Socket Layer 128-bit encryption technology. Data storage encryption of sensitive fields is done. Any bid document that is uploaded to the server is subjected to symmetric encryption using a system generated symmetric key. Further this key is subjected to asymmetric encryption using buyers/bid opener’s public keys. g) The uploaded tender documents become readable only after the tender opening by the authorized bid openers. h) Upon the successful and timely submission of bids (i.e. after Clicking “Freeze Bid Submission” in the portal), the portal will give a successful bid submission message & a bid summary will be displayed with the bid no. and the date & time of submission of the bid with all other relevant details. i) The bid summary must be printed and kept as an acknowledgement of the submission of the bid. This acknowledgement will be required for entry to bid opening meetings.
Managing Director Madhya Pradesh Jal Nigam Bhopal
P a g e 6 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
MADHYA PRADESH JAL NIGAM (A Govt. of M.P. Undertaking) Vindhyachal Bhavan, Bhopal SECTION 1 - NOTICE INVITING e-TENDERS
NIT No. 26/Proc./MPJN/2019-20 Bhopal, Dated 24/01/2020
1. Madhya Pradesh Jal Nigam (MPJN), Bhopal intends to engage Consultants under a single Supervision and Quality Control Consultancy for Supervision of Operation & Maintenance of the following MVS: Cost of No. of Initial Executed Villages Name of the work Consultancy Work Covered by Period (Rs. in Crore) MVS Niwadi MVS, Dist. Niwadi 79.91 32 24 months Niwadi-Prathvipur-I MVS, Dist. Niwadi 173.41 145
* Initial consultancy period is two years. This can be extended up to ten years on performance basis in increment of two years only with mutual consent. ** Yearly increment given on base cost on Consumer Price Index (All India industrial worker) issued by labour bureau. March month (CPI of March) will be taken as the base for increment. Revised cost will be payable from April to March every year.
2. The MVS basically comprises of components - Intake well Cum Pump House, Raw Water and Clear Water Pump, Electric Sub Station, Conveyance main (Pumping/Gravity) with appurtenances Valve chambers, Pillars, Thrust Blocks, SCADA i/c instrumentation and Automation, etc., Water Treatment Plant, Break Pressure Tanks, Over Head Tanks, Distribution Network, etc. Brief detail of works executed under the schemes are included in the Annexure III to Data Sheet. 3. MPJN invites online proposals for Supervision and Quality Control Consultancy for O&M work of above Multi Village Schemes to provide the following Consultancy Services: Supervision and Quality Control Consultancy on man-month basis as defined in Terms of Reference, administered through the Team Leader ensuring that contractual clauses related to Operation & Maintenance of O&M Agency with reference to the quality and quantity of water supplied to the villages in accordance with its provisions / specifications as per their contract agreement. 4. The consultancy firm should fulfil the minimum criteria specified in Data Sheet for considering them to be qualified for the bid. 5. The firm will be selected under Least Cost Based Selection (LCBS) procedure described in the RFP. Detailed terms & conditions are mentioned in the online tender document, which can be downloaded from M.P. Government E-Procurement Portal https://mptenders.gov.in from date mentioned in critical dates on M.P. Government E- Procurement Portal.
P a g e 7 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
6. Applicant will be required to pay a non-refundable fee of online tender cost on Madhya Pradesh Government E-Procurement Portal https://mptenders.gov.in. at the time of submission of RFP. 7. A Pre-bid meeting shall be held on date mentioned in critical dates on M.P. Government E-Procurement Portal in the office of MPJN. All future addendums and corrigendum (s) shall be put on M.P. Government E-Procurement Portal https://mptenders.gov.in and not in any newspaper. 8. Duly filled in bid documents are to be submitted/opened as mentioned on portal as critical date and time. 9. Madhya Pradesh Jal Nigam reserves the right to accept/reject any/all tenders without assigning any reason thereof. 10. The RFP includes the following documents: SECTION 1 - NOTICE INVITING e-TENDERS SECTION 2 - INSTRUCTIONS TO BIDDERS SECTION 3 - TECHNICAL PROPOSAL STANDARD FORMS SECTION 4 - UNDERTAKING OF FINANCIAL PROPOSAL SECTION 5 - TERMS OF REFERENCE SECTION 6 - DRAFT FORM OF CONTRACT
Managing Director Madhya Pradesh Jal Nigam Bhopal
P a g e 8 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
SECTION 2 - INSTRUCTIONS TO BIDDERS
1. INTRODUCTION
1.1 Definitions a) ‘Client’ means the person who invited this Request for Proposal whose name is mentioned in the Data Sheet. b) ‘Bidder’ means any entity or person that may provide or provides the Services to the Client under this Contract. c) ‘Contract’ means the Contract signed by the Parties and all the attached document listed in its Clause 1, that is the General Conditions (GC), the Special Conditions (SC), and the Appendices. d) ‘Contractor’ means the firm/agency executed the MVS works. e) ‘Data Sheet’ means such part of the Instructions to Bidders used to reflect specific assignment conditions. f) ‘Day’ means calendar day. g) ‘Government’ means the Government of Madhya Pradesh. h) ‘Instructions to Bidders’ (Section 2 of the RFP) means the document which provides bidder with all information needed to prepare their Proposals. i) ‘LOI’ (Section 1 of the RFP) means the Letter of Invitation. j) ‘Personnel’ means professionals and support staff proposed by the Bidder to perform the Services or any part thereof; k) ‘Proposal’ means the Technical Proposal and the Financial Proposal. l) ‘RFP’ means the Request for Proposal prepared by the Client for the Selection of SQC (O&M). m) ‘Services’ means the work to be performed by the selected Bidder pursuant to the Contract. n) ‘SQC (O&M)’ or ‘Consultant’ means the entity or person selected for providing the Services to the Client under this bid document. o) ‘Terms of Reference’ (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work activities, tasks to be performed, respective responsibilities of the Client and the SQC (O&M) and expected results / deliverables of the assignment. 1.2 The Client named in the ‘Data Sheet’ will select a firm among those invited as per the Letter of Invitation in accordance with the method of selection indicated in the Data Sheet. 1.3 The eligible firms are invited to submit Technical Proposals and Financial Proposals for consulting services required for the assignment named in the Data Sheet. The last date of sale of document is specified in the critical date section of MP Procurement Portal. The Proposal will be the basis for contract negotiations and ultimately signing of a contract with the selected firm. 1.4 The bidders should familiarize themselves with local conditions and take them into account in preparing their Proposals. To obtain first-hand information on the
P a g e 9 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Assignment and on the local conditions, bidders are encouraged to attend a pre-bid meeting as is specified in the Data Sheet. Attending the pre- bid meeting is optional. The bidder representative should contact the officials named in the Data Sheet to arrange for their visit to MVS with its components or to obtain additional information in the pre-bid meeting. Bidders should ensure that these officials are advised of the visit in adequate time to allow them to make appropriate arrangements. 1.5 The Client will provide the inputs specified in the Data Sheet to assist the selected bidder in obtaining licenses and permits needed to carry out the services and provide relevant project data and reports to the selected bidder. 1.6 Bidders shall bear all costs associated with the preparation and submission of their proposals and contract negotiation. The Client is not bound to accept any proposal and reserves the right to annul the selection process at any time prior to Contract award, without thereby incurring any liability to the bidders. 1.7 The Client requires that the Consultant provide professional, objective, and impartial advice and always hold the Client’s interest paramount, without any consideration for future work, and strictly avoid conflicts with other assignments or their own corporate interests. 1.7.1 A Bidder (including its Personnel) or any of its affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the Bidder to be executed for the same or for another Client. 1.7.2 A Bidder (including its Personnel) that has business or family relationship with a member of the Client’s staff who is directly or indirectly involved in any part of (i) the preparation of the Terms of Reference of the assignment, (ii) the selection process for such assignment, or (iii) supervision of the Contract, may not be awarded a Contract, unless the conflict stemming from this relationship has been resolved in a manner acceptable to the client throughout the selection process and the execution of the Contract. 1.7.3 Bidders have an obligation to disclose any situation of actual or potential conflict with their previous client that impacts their capacity to serve the best interest of their Client (MPJN), or that may reasonably be perceived as having effect. Failure to disclose said situations may lead to the disqualification or the termination of its Contract. 1.8 It is the Client’s policy that the bidders observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the Client: a) Defines, for the purpose of this paragraph, the terms set forth below as follows: i. ‘Corrupt practice’ means the offering, giving, receiving, or soliciting, directly or Indirectly, of anything of value to influence the action of a public official in the selection process or in contract execution; ii. ‘Fraudulent practice’ means a misrepresentation of omission of facts in order to influence a selection process or the execution of a contract; iii. ‘Collusive practices’ means a scheme or arrangement between two or more
P a g e 10 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
bidders, designed to establish 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. b) Will reject a proposal for award if it determines that the bidder recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive practices in competing for the contract in question. c) Will declare a firm ineligible, indefinitely or for a stated period of time, to be awarded a contract if at any time it is found that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a domestic financed contract; and d) Will have the right to require that in contract, a provision be included requiring bidder to permit the Client to inspect their accounts and records relating to the performance of the Contract and to have them audited by authorized representatives of Client. 1.9 The Bidders shall be aware of the provisions on fraud and corruption stated in the specific clauses in the General Conditions of Contract. 1.10 Bidders shall furnish information on commissions and gratuities, if any, paid or to be paid to agents in relation to this proposal and during execution of the assignment if the Bidder is awarded the Contract, as requested in the Financial Proposal submission form (Section 4). 1.11 The Data Sheet indicates how long Bidders’ Proposals must remain valid after the submission date. During this period, Bidders shall maintain the availability of Personnel nominated in the Proposal. The Client will make its best effort to complete negotiations within this period. Should the need arise; however, the Client may request Bidders to extend the validity period of their proposals. Bidders who agree to such extension shall confirm that they maintain the availability of the Personnel nominated in the Proposal, or in their confirmation of extension of validity of the Proposal, Bidders could submit new staff in replacement, who be considered in the final evaluation for contract award. Bidders who do not agree have the right to refuse to extend the validity of their Proposals. 2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 Prospective bidders may request a clarification on any point of the RFP documents up to the date of pre-bid meeting. Any request for clarification must be sent in writing by post, facsimile, or electronic mail to the Client's address indicated in the Data Sheet before pre-bid meeting date. The Client will respond by “minutes of pre-bid meeting” and publish the addendum if any on M.P. Gov. E-Procurement Portal https://mptenders.gov.in. Any prospective bidder, who intend to submit online proposal, may attend the Pre-bid meeting. 2.2 At any time before the submission of Proposals, the Client may for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder,
P a g e 11 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
modify the RFP document by amendment. Any amendment shall be issued in writing through addendum. Pre-bid meeting minutes and addendum shall be available at M.P. Government E-Procurement Portal https://mptenders.gov.in and will become part of agreement. 2.3 The Client may at its discretion extend the deadline for the submission of Proposals.
3. PREPARATION OF PROPOSAL
3.1 Bidder should login on the site (https://mptenders.gov.in) and prepare the bid after following the complete procedure of portal. 3.2 Bidder should consider any corrigendum/addendum published online on the tender document before submitting their bids. 3.3 Bidders are requested to submit online proposal in the language(s) specified in the Data Sheet. 3.4 Bidder should login on the site (https://mptenders.gov.in) well in advance for bid submission so that they can upload the bid in time i.e. on or before the bid submission time. Bidder will be responsible for any delay due to any issues. 3.5 Preparation of covers: Singe stage three cover system i. In the 1st cover of online submission, Bidders are directed to submit the detail of tender document fee and EMD. ii. In the 2nd cover of online submission, Bidders are directed to submit Pre- Qualification/Technical detail. iii. Bidders should submit one hard copy of Pre-Qualification/Technical detail (as submitted online) in a sealed envelope. This envelop must reach after online submission but before due date and time of opening. Complete technical evaluation will be based on online submitted documents. iv. In the 3rd cover of online submission, bidders are directed to submit Financial Proposal in portal (only online submission accepted). 3.6 Information, which the bidder considers to be proprietary, should be clearly marked as such. All information provided by the bidder will be treated as confidential and used for MPJN internal purposes only. 3.7 Earnest Money Deposit The applicant shall have to submit online Earnest Money Deposit (EMD) of amount specified in the NIT. 3.8 Technical Proposal 3.8.1 In preparing the Technical Proposal, bidders are expected to examine the document comprising this RFP in detail. Material deficiencies in providing the information requested result in rejection of a Proposal. 3.8.2 While preparing the Technical Proposal, bidders must give attention to the following: i. If a Bidder considers that it may enhance its expertise for the assignment by
P a g e 12 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
associating with other bidder in a joint venture, it may associate with other bidder if so indicated in the Data Sheet. In case of a joint venture, all partners shall be jointly and severally liable and shall indicate who will act as the leader of the joint venture but subject to approval of the client. ii. For assignments on a staff basis, the estimated number of professional staff- months is given in the Data Sheet. iii. It is desirable that most of the key professional staff proposed under this work shall be permanent employees of the firm or have an extended and stable working relation with it. iv. Proposed professional staff must, have the minimum experience indicated in the Data Sheet, preferably working under conditions like those prevailing in the country of the assignment. v. Document to be submitted by the bidder as part of this assignment must be in the language(s) specified in the Data Sheet. 3.8.3 The Technical proposal should provide the following information using the attached standard forms (Section 3). i. A brief description of the Bidder organization with financial capability showing annual turnover from consultancy business in last 3 financial years preceding the bid due date) and experience in field of supervision and quality control of water supply operation and maintenance or water supply scheme operation & maintenance (showing the requisite project details duly supported with balance sheet and experience certificate) to evaluate eligibility of firm. In the case of joint venture, the above details are required to be submitted for each partner (Section 3). For each assignment, the outline should indicate the names of professional staff who participated, duration of the assignment, contract amount, and bidder involvement. Information should be provided only for those assignments for which the bidder was legally contracted by the client as a corporation or as one of the major firms within a joint venture. Assignments completed by individual professional staff working privately or through other firms cannot be claimed as the experience of the Bidder but can be claimed by the Professional staff themselves in their CVs. Bidder must substantiate its experience by submitting the requisite experience certificate from the client. Experience certificate issued by the Principal Employer shall only be accepted. ii. Any comments or suggestions on the Terms of Reference and on data, services, and facilities to be provided by the Client (Section 3). iii. A description of the methodology and plan for performing the assignment (Section 3C). iv. The list of the proposed staff team, the tasks that would be assigned to each staff team member, and their timing (Section 3D). v. CVs originally signed in blue ink on each page by the proposed professional staff and the authorized representative submitting the proposal along with (Section 3E). Key information should include number of years working for the firm/entity, and degree of responsibility held in various assignments. The experience of person should be verified by firm before submitting the CV for approval. Responsibility
P a g e 13 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
regarding verification of experience and qualification shall solely be of the firm and concern person. vi. Financial detail mentioning turnover through consultancy business as required though format annexed (Section 3G) in this regard. vii. Any additional information requested in the Data Sheet. 3.8.4 The Technical Proposal shall not include any information regarding the Financial Proposal. A Technical Proposal containing any information regarding the Financial Proposal may be declared nonresponsive. 3.9 Financial Proposal 3.9.1 In preparing the Financial Proposal, bidders are expected to consider the requirements and conditions of the RFP documents. The Financial Proposal should be submitted in cover-III in prescribed format. It lists all costs associated with the Assignment, including remuneration for staff (in the field and at headquarters), and rentals/fixed rates/ reimbursable such as subsistence (per diem, housing), transportation (for mobilization and demobilization), services and equipment (office equipment, furniture, and supplies), office rent, insurance, printing of documents, surveys and training, if it is a major component of the assignment. The rates to be quoted shall be inclusive of all taxes, duties, cess, etc. excluding applicable Goods and Service (GST). The rates are to be filled in Indian National Rupees only. 3.9.2 The Financial Proposal should clearly identify as a separate amount, the local taxes (including social security), duties, fees, levies and other charges imposed under the applicable law, on the bidder and their personnel (other than nationals or permanent residents of the government's country); unless the Data Sheet specifies otherwise. 4. OPENING OF PROPOSALS
4.1 The Technical Proposal of all bidders who have submitted a valid EMD and cost of tender document shall be opened in the presence of representatives of bidders who choose to attend on date & time as mentioned in tender document at the address specified in Data Sheet. 4.2 Bidders may visit M.P. Government E-Procurement Portal https://mptenders.gov.in to know latest Technical Opening information after completion of opening process. Bidders can also see the Technical Sheets (check-list) of other bidders after completion of opening process by logging into the web-site. If such nominated date for opening of tender is subsequently declared as a Public Holiday by the M.P. Government, the next official working day shall be deemed as the date of opening of Technical Proposal. The tender of any bidder who has not complied with one or more of the foregoing instructions may not be considered. 4.3 The Proposal shall be submitted using the digital signature of authorized representative. The representative's authorization in original/notarized should be confirmed by a written power of attorney accompanying the Proposal. 4.4 The digitally signed Financial Proposal which Bidders have uploaded online will be
P a g e 14 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
opened on a subsequent date after evaluation of Technical Proposals. 4.5 Financial Proposals of only those bidders whose submissions are found substantially responsive and technically compliant to the tender conditions will be opened. The time of opening of Financial Proposal shall be informed through website only. Bidders can visit to M.P. Government E-Procurement Portal https://mptenders.gov.in to ascertain updated information in this regard. 4.6 After the deadline for submission of proposals the cover-I containing the EMD shall be opened first and if found in order, the Technical Proposal shall be opened by the evaluation committee. The Financial Proposal shall not be opened till the Technical Proposals are evaluated and then the Financial Proposals of the technically qualified firms shall be publicly opened. 5. PROPOSAL EVALUATION
General 5.1 To assist in the examination, evaluation, and comparison of the Technical and Financial Proposals, the Client may, at its discretion, ask any bidder for a clarification of its Proposal. Any clarification submitted by a Bidder that is not in response to the request by the Client shall not be considered. The Client's request for clarification and the response shall be in writing. No change in the substance of the Technical Proposal or Financial Proposal shall be sought, offered, or permitted, except to confirm the correction of arithmetic errors discovered by the Client in the valuation. Any effort by the Bidder to influence the Client in the Client's proposal evaluation, proposal comparison or contract award decisions may result in the rejection of the Bidders’ proposal. Evaluation of Technical Proposals 5.2 During the evaluation of the Technical Proposals, the Client shall determine if the Technical Proposals are responsive to the key aspects of the RFP and meet the eligibility requirement specified in the Data Sheet. 5.3 A Proposal shall be rejected at this stage if it is determined to be non-responsive to the key aspects of the RFP, particularly the TOR or if it fails to meet the eligibility requirement specified in the Data Sheet. 5.4 The Client shall notify those Bidders whose Technical Proposals were determined to be non-responsive to the key aspects of the RFP and/or failed to meet the eligibility requirement specified in the Data Sheet. Opening and Evaluation of Financial Proposals 5.5 After the evaluation of Technical Proposals is completed, the Client shall notify the Bidders whose Technical Proposals are responsive to the key aspects of the RFP and meet the eligibility requirement specified in the Data Sheet, indicating the date and time set for opening the Financial Proposals. The opening date should allow bidders enough time to plan for attending the opening.
P a g e 15 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
5.6 Online Financial Proposals shall be opened publicly in the presence of the Bidders’ representative who chooses to attend online. The name of the bidders, and the proposed prices shall be opened and recorded when the Financial Proposals are opened. 5.7 The Evaluation Committee will correct any computational errors. When correcting computational errors, in case of discrepancy between a partial amount and the total amount, or between word and figures the former will prevail. In addition to the above corrections, as indicated under Para. 3.9, 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. In case an activity or line item is quantified in the Financial Proposal differently from the Technical Proposal, (i) if the Time-Based form of contract has been included in the RFP, the Evaluation Committee shall correct the quantification indicated in the Financial Proposal so as to make it consistent with that Indicated in the Technical Proposal, apply the relevant unit price included in the Financial Proposal to the corrected quantity and correct the total proposal cost, (ii) if the Lump-Sum form of contract has been included in the RFP, no corrections are applied to the Financial Proposal in this respect. The evaluation shall exclude those taxes, duties, fees, levies, and other charges imposed under the applicable law. 6. NEGOTIATIONS
6.1 Negotiations (if required) will be held at the place and address indicated in the Data Sheet. The selected Bidder will, as a pre-requisite for attendance at the negotiations, confirm availability of all Professional staff. Failure in satisfying such requirements may result in the Client proceeding to negotiate with the 2nd lowest bidder. Representatives conducting negotiations on behalf of the selected Bidder must have written authority to negotiate and conclude a Contract. 6.2 Negotiations will include a discussion of the Technical Proposal, the proposed technical approach and methodology, work plan, and organization and staffing, and any suggestions made by the selected Bidder to improve the Terms of Reference. The Client and the selected Bidder will finalize the Terms of Reference, staffing schedule, work schedule, logistics, and reporting. These documents will then be incorporated in the Contract as “Description of services”. Special attention will be paid to clearly defining the inputs and facilities required from the Client to ensure satisfactory implementation of the assignment. The Client shall prepare minutes of negotiations, which will be signed by the selected Bidder. 6.3 It is the sole responsibility of the selected Bidder, before starting financial negotiations, to contact the local tax authorities to determine the local tax amount to be paid by the selected Bidder under the Contract. The financial negotiations will include a clarification (if any) of the firm’s tax liability in the Client’s country, and the way it will be reflected in the Contract; and will reflect the agreed technical modifications in the cost of the services. Unless there are exceptional reasons, the financial negotiations will involve neither the remuneration rates for staff nor other proposed unit rates. 6.4 Having selected the firm based on, among other things, an evaluation of proposed key
P a g e 16 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
professional staff; Client expects to negotiate a contract based on the experts named in the proposal. Before contract negotiations, the Client will require assurances that the experts will be available. The Client will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to meet the objectives of the assignment. If this is not the case and if it is established that key staff were offered in the proposal without confirming their availability, the firm may be disqualified. 6.5 Negotiations will conclude with a review of the draft Contract. To complete negotiations the Client and the selected Bidder will initial the agreed Contract. If negotiations fail, the Client will invite the Bidder whose Proposal received the second lowest cost to negotiate a Contract. 7. AWARD OF CONTRACT
7.1 After approval by Competent Authority, the Client shall award the Contract to the selected Bidder. Once the agreement is signed with the successful agency, the EMD of unsuccessful agencies shall be refunded online. 7.2 The firm is expected to commence the Assignment on the date and at the location as instructed by the Client. 7.3 The duration of Contract is specified in Data Sheet. 8. CONFIDENTIALITY
8.1 Information relating to evaluation of proposal and recommendations concerning awards shall not be disclosed to the bidders who submitted the proposals or to other persons not officially concerned with the process, until the winning firm has been notified that it has been awarded the contract.
P a g e 17 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
DATA SHEET
(This section consists of provisions that are specific to and supplement the information or requirements included in Section 2 - Instruction to Bidders)
Clause Reference Description The name of the Client is: MADHYA PRADESH JAL NIGAM (A Govt. of Madhya Pradesh Undertaking) 1.2 "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal – 462004
The firm will be selected under Least Cost Based Selection (LCBS) procedure described in the RFP. Tender No - 26/Proc./SQC (O&M)/2019-20 Supervision and Quality Control Consultancy for Operation & Maintenance [SQC (O&M)] of following MVS of Madhya Pradesh 1.3 No Scheme 1 Niwadi MVS, Dist. Niwadi 2 Niwadi-Prathvipur-I MVS, Dist. Niwadi The details of MVS are provided in the Annexure III. The firm should fulfil the following criteria to qualify for participation in bids: a. The firm should have minimum average annual turnover of Rs. 500 Lakh in the last 3 financial years preceding the bid due date. b. The firm should have experience of Supervision Consultancy for Operation & Maintenance of water supply system of town/MVS 1.3 & 5.2 for at least one year as on bid due date (75% completed period (if the completed period exceeds one year) of running agreement will also be considered as experience; certificate of employer shall be attached); or experience of doing O&M works of water supply scheme having capital cost of more than Rs. 100 Crore in a single scheme for at least one year as on bid due date as contractor for Operation & Maintenance. Inputs provided by the Client are: MVS execution detail like 1.5 drawings, specifications, manufacturer manuals and other relevant data required for Supervision of O&M to SQC (O&M) The clauses on fraud and corruption in the contract are : Sub-Clause 1.9 1.8 The validity of proposal should be: 180 days from the date of 1.11 submission.
P a g e 18 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Clause Reference Description Last Date for Queries: Prior to pre-bid meeting or in pre-bid meeting.
Address for Queries Project Director MADHYA PRADESH JAL NIGAM 2.1 (A Govt. of Madhya Pradesh Undertaking) "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 Phone No. 0755-2579034&35&36 Website -www.mpjalnigam.mp.gov.in
Contact Person: General Manager (Procurement)/General Manager, PIU 3.3 The language in which the proposals should be submitted: English For Joint Venture, Maximum Number of Partners is limited to 2 (two) 3.8.2 i. only. The estimated number of professional staff months required for 3.8.2 ii. supervision of each contract package is enclosed at Annexure- I. Minimum required experience of proposal Professional staff enclosed 3.8.2 iv. at Annexure-II. Yearly increment given on base cost on Consumer Price Index (All India industrial worker) issued by labour bureau. Month of March (CPI 3.9 of March) will be taken as the base for increment. Revised cost will be payable from April to March every year. The rates quoted under the financial proposal shall be inclusive of all 3.9.2 statutory duties, taxes, levies etc. but excluding applicable Goods and Service (GST) tax. (if any) Address for Negotiation: Managing Director MADHYA PRADESH JAL NIGAM 6 (A Govt. of Madhya Pradesh Undertaking) "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 Phone No. 0755-2579034 www.mpjalnigam.mp.gov.in The assignment is expected to commence immediately after the 7.2 award of contract or as directed by the client at the project sites located in the state of Madhya Pradesh. Initial period for consultancy is two years from deployment but this can 7.3 be extended up to ten years in increment of two years only on performance basis with mutual consent.
P a g e 19 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
ANNEXURE - I NUMBER AND TIME PERIOD FOR WHICH THE KEY PROFESSIONAL AND OTHER STAFF IS REQUIRED FOR THE SUPERVISION AND QUALITY CONTROL CONSULTANCY FOR OPERATION & MAINTENANCE [SQC (O&M)] TABLE-1
Period S. No. Key/Support Staff Total (months) 1 Team Leader 24 1 2 Dy. Team Leader / Community Participation Manager 24 1 3 Supervisors 24 6 4 Field / Office Assistant 24 1 5 Office Boy 24 1
(i) The manpower requirement indicated above is tentative. The deployment timelines and strength will be as communicated by MPJN from time to time. (ii) Manpower / deployment of SQC (O&M) may be increased / decreased as per requirement of MPJN.
TABLE-2
S. No. Description Details A Head Quarter of Team Leader Niwadi
(i) Head quarter of Team Leader may be changed by General Manager, PIU.
P a g e 20 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
ANNEXURE II QUALIFICATION AND EXPERIENCE REQUIREMENTS OF KEY EXPERTS
Broad qualification and experience of the key personnel and other staff given below are from clients’ perception in respect of the specific requirement of the project. Bidders are advised to propose personnel specifically highlighting the qualification and experience in the related area of expertise as per requirements. The CVs should also highlight higher education, training and publication of technical papers, etc. by the key personnel in the related field as well as their experience in providing training in the related fields. The CVs of the proposed personnel should reflect size of the project handled in terms of costs, duration for which services were provided, type of contract document used, etc.
A. Minimum Qualification and Experience of Key Personnel / Support Staff)
TABLE -2 S. Estimated Minimum Minimum Particulars No. Man-Months Qualification Experience 7 years’ experience and minimum 3 years’ 1 Team Leader 24 Months BE (Civil) experience water supply Projects/O&M of water supply Deputy Team Leader / 5 years’ experience in MSW/M.A. 2 Community 24 Months water supply and/or total Sociology Participation sanitation Manager 2 years’ working Diploma in Civil 3 Supervisor 24 Months experience in Water Engineering Supply Hindi and English typing, Field / Office BCA / DCA / B. 4 24 Months MS office and Tally Assistant Com software 5 Office Boy 24 Months 10th pass - Note: 1. At Team Leader office vehicle should be hard top Jeep, Bolero, Scorpio, TUV 300 or equivalent. Deputy Team Leader & Supervisor should use motorcycle. 2. CV of Team Leader and Deputy Team Leader cum Manager (Community Participation) will be approved after interview by General Manager of the respective PIU. 3. Tour program should be submitted for each month by TL, DTL and Supervisor and not more than 10% deviation will be allowed from submitted tour program. 4. Deployment should be done as per requirement of MPJN. GM PIU will intimate in writing to concerned firm. Firm should deploy personnel within a month compulsorily. 5. Maximum working age 60 years. Person completing age of 60 years will be demobilized or deemed to be demobilized on the same day.
P a g e 21 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
ANNEXURE III
Niwadi MVS, Niwadi-Prathvipur-I MVS, S. No. Description of Component Dist. Niwadi Dist. Niwadi 1 Name of Source Betwa River Betwa River 2 Intake Well 19.174 MLD 23.45 MLD Raw Water Pumping Main DI 500 mm DI-K9 3 500 mm DI-K9 5.156 km K -9 6.922 km 4 Water Treatment Plant 16.31 MLD 20 MLD 5 Clear Water Sump 1000 KL 900 KL 25 nos 39 nos 6 RCC OHT (100 KL to 300 KL) (100 KL to 300 KL) Gravity Feeder Main DI K-9 / 7 50.89 km 222.68 km K-7 Clear Water Pumping Main 8 35.524 km 222.68 km DI K-9 / K-7 9 Pumping Machinery 8 nos 10 nos 10 Break Pressure Tank/MBR 200 KL & 1700 KL 160 KL & 850 KL 11 Distribution Network 88.933 km 724.71 km 12 House Connection 9600 32166
P a g e 22 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
ANNEXURE III (A) Niwadi MVS, Dist. Niwadi S. No. Main Components 1.1. Intake well - cum - pump house of capacity 19.14 MLD (16 hours flow) near Sujanpura Village, on River Betwa River. 1.2. Raw water pumping main of 500 mm internal dia. K-9 DI pipes with in-lining and out- coating of length 6.922 m. 1.3. Water treatment plant of 16.13 MLD capacity in 16 hours flow, with 1000 Kl capacity clear water sump-cum-pump house near Beejor. 1.4. Clear water pumping mains of K-9 DI pipes with in-lining and out-coating with surge protection and allied works from clear water sump-cum-pump house to- a. Break Pressure Tank at Beejor (MBR-1) DI K9 - 150 mm internal dia. 0.325km length, DI K9 450 mm dia.14.350 km pipe including flow meters and required valves for water demand of 16.13 MLD (16 hours flow). 1.5. Clear Water Feeder mains of DI K-7/K-9 in-lined and out-coated pipes from Break pressure tanks to ESRs of different villages, as per details below- a. 100 mm dia. Length 36255.0 m (K-7) b. 200 mm dia. Length 25970.0 m (K-7) c. 350 mm dia. Length 7340 .0 m (K-7) d. 500 mm dia. Length 5310.0 m (K-7) e. 700 mm dia. Length 720 m (K-7) f. 150mm dia. Length 2595 m (K-7) Village Distribution a. 80 mm GI Pipe 23258 m b. b 100 mm K7 18767 m c. c.150 mm K7 7142 m d. d.90 mm HDPE 15982 m Pipes including flow meters and required valves & specials and all civil works complete. 1.6. 25 Nos. Overhead reservoirs/GLR at different villages as follows: 100 kL capacity and (8 to 12 m) staging – 13nos. 125 kL capacity and (8m to 16m) staging - 02 nos. 150 kL capacity and (12m to 16 m) staging - 02 nos. 200 kL capacity and (14 To16) m staging - 02nos. 250 kL capacity and (12 m to 16m) staging - 03 no. 125 kL capacity GLR - 01 no. 175 kl capacity and 10m to 16m staging 02no 1.7. Pumping equipment including motors and protection equipment for following - Three V.T. pump sets (2 working + 1 standby) of 431.40cum/hr discharge capacity at head (46.28 m) to pump Raw Water pump house to WTP. 1.8. 5 No. numbers clear water centrifugal pumping unit as below (i) For WTP to MBR-1 in Beejor and MBR-2 in Asati Khas: 03Nos. (2W+1SB)
P a g e 23 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
89cum/hr discharge at 54 m head (ii) For WTP: 02 Nos. (1W+1SB), 100 Lps discharge at 119.50 m head 1.9. One-33 kV electrical substations for Intake well and at Treatment plant and allied works including 01 no. Transformers at intake well capacity 315KV & one no 800 KVA at WTP line 5 Km 1.10. Distribution network comprising of HDPE, PE100, 10Kg/sqcm, pipelines, including valves, specials, HSC and other allied works of following diameter- DI K7 Pipe a. 100 mm dia. DI K7: 36255.00m b. 150 mm dia. DI K7: 2595 m c. 200 mm dia. DI K7: 5550 m d. 350 mm dia. DI K7: 7340 m e. 500 mm dia. DI K7: 531 m f. 700 mm dia. DI K7: 720m Village Distribution a. 80mm GI Pipe 23258 b. 100mm DI k7-18767m c 159mmdia.DIK7-7142m d. 90mm dia HDPE-15982m 1.11. Office-cum-store building and staff quarters at WTP/BPT sites - a. Office and Store at WTP site 120sqm. b. I-Type quarter 04no. c F-type quarter-01 no. d. G Type quarter-02 no. e. H Type quarter- 04 no. f. Laboratory, fencing, road etc. 1.12. House connection with MDEP pipe 15 mm dia with electro fusion tapping ferrule and saddle 90*15mm - 9600 nos. (Nearly) 1.13. Approach roads and boundary walls at each site. Note: This is tentative detail, actual on field detail may vary.
P a g e 24 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
ANNEXURE III (B) Niwadi-Prathvipur-I MVS, Dist. Niwadi S. No. Main Components 1.1. Intake well cum pump house of 23.45 million liters per day capacity (23 hours flow) with Approach Bridge on River Betwa. 1.2. Raw water pumping main of 600 mm internal dia. K-9 DI pipes length 5.156 km for water supply of 23.45 Million liter in 23 hours. 1.3. Water treatment plant to provide 20 MLD in 23 hours flow, with 900 KL, 160 KL & 850 KL capacity clear water sump (WTP MBR) cum-pump house at Sunaniya Khase & Extension for Niwari GWSS 1.4. Clear water pumping mains of K-9 DI pipes with in-lining and out-coating with suitable surge protection and allied works from clear water sump-cum-pump house to- a. 450 mm internal dia. total length of 1100 m from WTP Sump to 850 KL capacity OHBL water demand (23 hours flow) near village Sunniya 1.5. Clear Water Feeder mains of DI K-7 in-lined and out-coated pipes from Pumping main to ESRs of different villages (222.682 km), as per details below- a. 100 mm dia. Length 20.62 km b. 150 mm dia. Length 65.7 km c. 200 mm dia. Length 32.86 km d. 250 mm dia. Length 12.25 km e. 300 mm dia. Length - 23.960 Km f. 350 mm dia. Length – 13.635 km. g. 400 mm dia. Length – 29.761 km h. 500 mm dia. Length – 10.475 km. i. 600 mm dia. Length – 5.365 km. j. 700 mm dia. Length – 15.677 km k. 100 mm dia. DI K9 Length - 1.440 km l. 150 mm dia. DI K9 Length - 4.746 km m. 350 mm dia. DI K9 Length - 1.170 km n. 400 mm dia. DI K9 Length - 3.120 km 1.6. Overhead reservoirs at different villages as follows: Capacity - 60 KL to 740 KL, Total - 39 Nos. 60 KL - 01Nos., 140kl-01nos, 150 KL - 01 Nos., 170 KL - 01 Nos., 180 KL -01 Nos., 190 KL - 01 No., 200 KL - 02 No., 220 KL - 04 Nos., 230 KL - 01 No., 240KL - 03 No., 260 kl - 03Nos, 280 kl – 02 Nos, 290 kl – 02 Nos., 300 kl – 03 Nos., 320 kl – 02 no, 340 kl – 01 no., 350 kl - 01 Nos, 440 kl – 02 Nos., 450 kl – 01 Nos., 470 kl – 01 Nos, 480 kl – 01 Nos., 500 kl – 01 Nos., 530 kl – 01 Nos., 720 kl – 01 nos., 740 kl – 01 Nos. 1.7. Pumping equipment including motor sand protection equipment for following- a. 4 Numbers V.T. pump sets (2W + 2SB) of 6667 lpm discharge at 80 m head and 2 Nos Discharging 3333LPM against 80m Head b. 4 numbers clear water centrifugal pumping units as below: i. For (2W + 2SB), 6270 LPM Lps discharge at 94 m head and 2 no. Discharging 3135 LPM at 94 m head ii. For WTP: 2Nos.(1W+1SB) 2370Lpm discharge at 26 m l head for 160 kl sump. 1.8. Two-33 kV electrical substations for Intake well Pump Houses and Treatment plant allied
P a g e 25 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
works including approx. 25 km length of 33 kV/11 kV power line 1.9. Distribution network comprising of HDPE, PE100 PN6 pipe lines, including valves, specials, HSC and other allied works of following diameters- a. 90 mm dia. 6 kg/cm2 pressure, length 486.22km b. 110 mm dia. 6 kg/cm2 pressure, length 57.15km c. 160 mm dia. 6 kg/cm2 pressure, length 63.57km d. 200 mm dia. 6kg/cm2, pressure, length 53.51km a 200mm dia. DI K7, length 31.52km b. 250mm dia. DI K7, length 24.84 km c. 300 mm dia. DIK7, Length 06.72km d. 350 mm dia. DIK7, length 1.18 km 1.10. Construction of staff quarters at following sites Office at WTP site - 120 Sqm. Store building - 75 Sqm, H-Type staff quarter - 01 Nos. F-Type quarter -01 I Type quarter-02 (at WTP & Intake Well) 46 Sqm. each. 1.11. House Service Connection - 32166 nos. (nearly) 1.12. Approach roads and boundary walls at each site. Note: This is tentative detail, actual on field detail may vary.
P a g e 26 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
SECTION 3 - TECHNICAL PROPOSAL STANDARD FORMS
3A Technical Proposal submission form 3B Firm's references 3C Description of the methodology and plan for performing the assignment 3D Team composition and task assignments 3E Format of Curriculum vitae of proposed professional staff 3F Activity Work schedule 3G Turnover Certificate
P a g e 27 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
3A. TECHNICAL PROPOSAL SUBMISSION FORM
FROM
(Name and Address of Firm) ------To: Managing Director MADHYA PRADESH JAL NIGAM (A Govt. of Madhya Pradesh Undertaking) "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 Phone No. 0755-2579034 www.mpjalnigam.mp.gov.in Subject: Technical proposal for “Supervision and Quality Control Consultancy for Operation & Maintenance of Multi Village Scheme” We the undersigned, offer to provide Supervision and Quality Control Consultancy for Supervision of Operation & Maintenance [SQC (O&M)] of Multi Village rural Water Supply Projects already executed by EPC firms and doing O&M as per their scope. Our scope of work is to supervise the O&M work carried out by EPC firms on day to day basis in accordance with your request for proposal dated ……………... We are hereby submitting our proposal, which includes Technical Proposal and Financial Proposal submitted online in a separate cover as prescribed by MP Govt. E-Procurement Portal. The details of scheme which are to be supervised by SQC (O&M) as provided in Annexure III to Data Sheet. We undertake that the details of work given in Annexure III to Data Sheet are indicative to enable us to prepare the bid fairly. We also undertake that any other suitable alteration or modification as and when needed and which are necessary for successful O&M shall be deemed to be a part of this agreement. If negotiations are held during the period of validity of the Proposal, we undertake to negotiate based on the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from contact negotiations. We understand you not bound to accept any Proposal you receive. We remain,
Yours sincerely, Authorized Signatory Name and Title of Signatory: Name of Firm: Address:
P a g e 28 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
3B - FIRM’S REFERENCES Relevant Services carried out in the Last Five Years Which Best Illustrate Qualifications Using the format below, provide information on each reference assignment for which your firm/entity, either individually as a corporate entity or as one of the major companies within an association, was legally contracted.
Assignment name: Approx. value of the contract (in INR):
Country: Duration of assignment (months): Location within country:
Name of Client: Total No. of man-months of the assignment:
Address: Approx. value of the services provided by your firm under the contract (in INR):
Start date (month/year): No. of professional man-months provided by JV members or Subconsultants:
Completion date (month/year): Funding Source:
Name of joint venture member or Subconsultants, if any:
Narrative description of Project:
Description of actual services provided by the firm in the assignment:
Signature of Authorized Representative
(Certificate from Principal Employer regarding experience should be furnished)
P a g e 29 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
3C. DESCRIPTION OF THE METHODOLOGY AND PLAN FOR PERFORMING THE ASSIGNMENT
P a g e 30 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
3D. TEAM COMPOSITION AND TASK ASSIGNMENTS
1.Key Personnel’s/Support Staff:
Please refer to Annexure I of the Data Sheet.
P a g e 31 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
3E. CURRICULUM VITAE (CV) OF PROPOSED PROFESSIONAL STAFF [ The Consultant shall prepare the CV of each Key Expert it proposes, using the format below (about 5 pages for each Key Expert).] 1. General Position Title Name of Key Expert Name of the Firm proposing the Key Expert Date of Birth Nationality 2. Education [list college/university or other specialized education, giving names of educational institutions, dates attended, degree(s)/diploma(s) obtained] ______
3. Employment record relevant to the assignment [Starting with present position, list in reverse order. Please provide dates, name of employing organization, titles of positions held, types of activities performed and location of the assignment, and contact information of previous clients and employing organization(s) who can be contacted for references. Past employment that is not relevant to the assignment does not need to be included.] Employing organization and your Summary of activities title/position. Period performed relevant to the Contact information for Assignment references* [e.g., May [e.g., Ministry of ……, 2005-present] advisor/consultant to…
For references: Tel………/e- mail……; Mr.…….., Deputy Minister]
*Contact information for references is required only for assignments during the last 3 years. 4. Membership in Professional Associations and Publications: ______
P a g e 32 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
5. Language Skills (indicate only languages in which you can work): ______6. Past criminal record if any: ______7. Adequacy for the Assignment: Tasks Assigned:
Reference to Prior Work/Assignments that Best Illustrates Capability to Handle the Assigned Tasks [insert Name of Project No. 1] Country : Period : Client : Funding Source : Type of Service : Position : Description of : work/ Assignment [insert Name of Project No. 2] Country : Period : Client : Funding Source : Type of Service : Position : Description of : work/ Assignment [insert Name of Project No. 3] Country : Period : Client : Funding Source : Type of Service : Position : Description of : work/ Assignment [insert Name of Project No. ___] Country : Period : Client : Funding Source : Type of Service : Position : Description of : work/ Assignment [insert Name of Project No.__] Country :
P a g e 33 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Period : Client : Funding Source : Type of Service : Position : Description of : work/ Assignment Add more rows if needed. 8. Certification: I, the undersigned, certify to the best of my knowledge and belief that: (a) this CV correctly describes my qualifications and my experience; (b) I am committed to undertake the assignment within the validity of Proposal; (c) I am not part of the team who wrote the terms of reference for this consulting services assignment; I understand that any misstatement described herein may lead to my disqualification or dismissal, if engaged.
Date: [Signature of Key Expert or authorized representative of the firm]
Day/Month/Year
Full name of authorized representative:
P a g e 34 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
3F. ACTIVITY (WORK) SCHEDULE. Reports (for each Supervision Consultancy for Operation & Maintenance contract package)
No Report Frequency Description Regarding total water supplied in MLD & no of villages with major quality parameter on E-mail and 1 Daily Report discuss daily with PIU on mobile and report to EE/AE PHED as per direction of PIU. Summarized weekly report of O&M done by contractor 2 Weekly Report and complaint redressed detail. Regarding Quality/Quantity of water supplied with 3 Monthly Progress Report UFW & NRW with suggestive measures. Every month by 5th of following month (3 copies) Detailed report including all aspects of O&M. 4 Quarterly Progress Report Every quarter by 10th day of April, July, October and January (3 copies)
P a g e 35 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
3G. TURNOVER CERTIFICATE
FORMAT FOR FINANCIAL SUMMARY DATA
TURNOVER RELATED DATA
(All figures in INR Lakh) Financial Year Description 2016-17 2017-18 2018-19 Revenue from Consultancy Business Average of last three years
Financial Year: 1st April to 31st March or the accounting year followed and audited.
Note:
1. The applicant shall submit the copies Audited Balance Sheets / Annual Reports. 2. The annual Turnover data should be certified by a practising Charted Accountant.
SIGNATURE ______
NAME ______
DESIGNATION ______
COMPANY SEAL
COMPANY ______
DATE ______
Signature of the Charted Account with name & registration number
P a g e 36 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
SECTION 4 - UNDER TAKING OF FINANCIAL PROPOSAL Financial Proposal submitted in Cover-III Online subject to following provisions: Undertaking of Firm Financial Proposal for Supervision and Quality Control Consultancy for Operation & Maintenance of Multi Village Schemes We the undersigned, offer to provide Supervision and Quality Control Consultancy for Supervision of Operation & Maintenance [SQC (O&M)] of Multi Village Rural Water Supply Projects already executed by EPC firms and doing O&M as per their scope, as per the details provided in Annexure III of Data Sheet. Our scope of work is to supervise the O&M work carried out by firm on day to day basis in accordance with your request for proposal dated ______. We are hereby submitting our proposal, which includes Technical Proposal and Financial Proposal submitted online in separate covers as prescribed by bid document on MP Govt. E-Procurement Portal. Our Financial Proposal shall be binding upon us subject to all contract provisions up to completion of contract. We undertake that in competing for (and if the award is made to us, in executing) the above contract, we will strictly observe the laws against fraud and corruption in force in India namely ‘Prevention of Corruption Act 1988’. No commission or gratuity of any kind is included in the proposal as it is not allowed. Our total financial quote for this job is as mentioned in BOQ (Price Bid) i.e. cover-III. The payment will be made as per stipulations of the Conditions of Contract.
1. Office Rent & Incidental expenses The selected Bidder will have to maintain separate office for each project. The offices will be fully equipped with furniture, office equipment with computer, telephone, fax, electricity, water cooler, other equipment necessary for site and required for executing the job, water supplies, vehicles for office and field visits, office support staff, all traveling expenses of all personnel, personnel, stationery required for regular office use, reporting, documentation, etc. The Bidder shall give a monthly rate for the different offices as under, which will include all expenses detailed above. 2. Office furniture purchase shall comprise to run the SQC (O&M) office items like desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs, white boards purchased by the SQC (O&M). There will be no reimbursement of any office set up cost or any cost except for those specified in the financial proposal. 3. Vehicle The SQC (O&M) will have to maintain vehicle and there is provision of rented four- wheeler for each MVS and for two-wheeler as per following provision payment is payable to concern person. Payment of vehicles will be made after submission of the log book of vehicle. If vehicle runs less/or in excess than prescribed limit, the payment will be deducted/made additional accordingly with following rates for less/excess KM. a. Four-wheeler vehicle @ Rs. 15/ KM.
P a g e 37 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
b. Two-wheeler vehicle @ Rs. 05/ KM. 4. Mobile Reimbursement Claim It is essential to have own mobile by each staff mentioned and payable as per following provision: Maximum Rs. 1,000 for TL and Rs. 500/- for Dy. TL (Manager CP) and Supervisor or actual whichever is less is reimbursed to firm in monthly bill.
P a g e 38 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
SECTION 5 - TERMS OF REFERENCE (TOR) 1. Objective The objective for deploying the SQC is to engage qualified & experienced supervision & quality control personnel for operation & maintenance of similar nature & size of water supply scheme. The main purpose is to supervise the overall activities for an efficient operation and maintenance of a multi village water supply system to provide safe, potable drinking water as per quality and quantity, with adequate pressure at convenient location and time on a sustainable basis and advise to operator to maintain the necessary record as per norm & inspect the record of operator. Madhya Pradesh Jal Nigam (MPJN) shall be the employer of the SQC O&M. Operation refers to timely and daily operation of the components of a water Supply system such as headworks, treatment plant, machinery and equipment, conveying mains, service reservoirs and distribution system, etc., effectively by various technical personnel, as a routine function. Maintenance is defined as the act of keeping the structures, plants, machinery and equipment and other facilities in an optimum working order. Maintenance includes preventive / routine maintenance and breakdown maintenance. However, replacements, correction of defects, etc. are considered as actions excluded from preventive maintenance. The overall operation & maintenance from reservoir / river, intake well & other components of the scheme and up to bulk water meter of the different villages covered under the scheme & maintenance of village distribution network (if mentioned in the executing agency agreement) shall be done by executing agency for 10 years and operation of distribution network from sluice valve near bulk water meter of the village to the entire village network shall be done by different village level water sub-committees (VWSCs) formed under the provision of Govt. rules / gram panchayat representatives. Generally, the MVS comprises of following components: (i) Impounding reservoir, if constructed by executing agency otherwise near the intake well & in case or river also, near the intake well, to protect intake structure. (ii) Intake well (iii) Raw water pumping main (iv) Water treatment plant (v) Clear water rising main (vi) Master Balancing service Reservoirs/Break pressure Tanks (vii) Gravity Main (viii) Overhead Tanks/Ground level service reservoirs & IPS, if any (ix) Distribution network i/c house service connection (x) Electrical & Mechanical Equipment (xi) Overhead lines & Substations (xii) SCADA i/c instrumentation & Automation (xiii) Approach roads, buildings, protection of all structures and other assets created by executing agency
P a g e 39 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
2. Responsibility 2.1. The basic responsibilities of SQC (O&M) are as follows: (i) To supervise the overall activities for an efficient operation and maintenance of a multi village water supply system to provide safe drinking water as per designed quality and quantity, with adequate pressure at convenient location and time on a sustainable basis and advise to operator to maintain the necessary record as per norm & inspect the record of operator i/c to supervise overall operation & maintenance of all components of schemes & all assets created by the EPC firm during construction of overall scheme & to fulfil overall service level bench mark as given in agreement with EPC firm. (ii) To advise & instruct the operator (O&M contractor) and if required to undertake demonstration sessions to maintain the quality in every activity related to O&M specially in maintaining the quality of water as per norms (iii) To create awareness, motivation through IEC activities, organizing awareness campaign & tour program, conducting periodical trainings and by attending the Gram Sabha, etc. to VWSC (village water sub-committee), panchayat representatives (PRIs) & users of project area. (iv) Act as a coordinator in between operator, VWSCs of different villages, other related institutions & PIU (Project implementation official) in operation and maintenance matters. (v) To maintain & upkeep of overall record related to operation and maintenance. (vi) To read the bulk water meter reading, generate & distribute the bills up to 5th of every month of bulk water supply to villages, urban bodies and others & to collect revenue of distributed bills to deposit in MPJN account. (vii) To provide the necessary assistance in getting house service connections, disconnection as per advice of VWSCs based on merits and demerits during operation & maintenance period. (viii) To provide the help to VWSCs in collecting the water charges through awareness & motivating the users. (ix) To get the monthly collection record of VWSCs from banks & maintain records of the same. (x) To provide necessary assistance in formation of VWSCs of villages if not formed or new VWSC if dissolved. (xi) To supervise the work & get it recorded in Measurement Books (MBs) & to produce bills as per norms during O&M period and in preparation of final bills if SQC of execution has been dissolved. (xii) To attend the orientation program/workshop if organized by MPJN for up gradation or orientation. (xiii) To prepare the estimate of work, if required, in case of SQC deployed during execution is not working/contract completed or maintenance estimate as per requirement & instruction by GM, PIU. (xiv) To supervise the balance work, if SQC execution, is not working/ contract completed, in case of emergency (in this case permission for deployment of
P a g e 40 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
extra supervisors’ as per requirement shall be granted as per mutually agreed basis). (xv) Acts as coordinator in case of labour strike, etc. from the side of Employer. (xvi) To provide the help in preparation of water safety plan i.e. sanitary survey of the water supply system from source to storage / treatment to distribution to households (also known as sanitary survey) to identify probable sources /causes of contamination and corresponding operational control measures to reduce the risks. The controls must be monitored to check that all the components of schemes are working, otherwise remedial action should be taken accordingly.
3. Time Period 3.1. The SQC (O&M) shall be deployed initially for two years. The deployment can be extended up to ten years on performance basis in increment of two years only with mutual consent. 3.2. Yearly increment given on base cost on Consumer Price Index (All India Industrial Worker) issued by labour bureau. March month (CPI of March) will be taken as the base for increment. Revised cost will be payable from April to March every year. 4. Details of Scheme 4.1. The details of the schemes are provided in Annexure III to the Data Sheet. 5. Details of Proposed SQC (O&M) 5.1. SQC (O&M) shall consist of following staff: 1. Team Leader - 1 2. Dy. Team Leader / Community Participation Manager – 1 3. Supervisor – min. one for 30 or less villages 4. Field / Office Assistant – 1 for each office The details of SQC (O&M) staff is specified in Annexure I to Data Sheet. The deployment of the staff will be dependent on the progress of execution of schemes included in the scope of SQC (O&M). The deployment schedule will be as communicated by MPJN from time to time. 5.2. The size of SQC (O&M) will depend upon the size of scheme. There may be one SQC for single scheme or for two & more clubbed scheme. The head quarter of SQC shall be fixed up by MPJN as defined in contract in which SQC (O&M) office shall be established. Head quarter of SQC (O&M) has been specified in Annexure to Data Sheet. Head quarter of supervisors & field assistant shall be fixed up by General Manager PIU. The head quarter of SQC (O&M) as well as other staff may be changed time to time as per requirement. 5.3. Team Leader He/she shall be fully answerable for overall SQC work & maintain the record and shall be in line with GM PIU, district authorities, MPJN head office, PRIs, etc. Team Leader shall have min. two days tour in a week in project area as per tour plan submitted in
P a g e 41 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
advance per month to GM PIU. Team Leader shall attend all GM & other meetings as & when called. Team Leader shall be fully responsible to carry out the work as assigned by GM PIU within the responsibilities defined in contract of SQC O&M. He / She will stay at head quarter fixed up by MPJN. 5.4. Dy. Team Leader/Manager CP He/she will work in co-ordination with the Team Leader and carry out the community participation work i.e. IEC activities, organizing awareness campaign, help to VWSCs in collecting the water charges through awareness & motivating the users, to provide necessary assistance in formation of VWSCs of villages, if not formed or new VWSC, if dissolved and other works within the norms as directed by GM PIU or Team Leader from time to time. Normally the head quarter shall be at the place of TL, but it may be changed as per requirement by GM PIU. He / She shall have min. four days visit in his/her assigned area as per tour plan submitted in advance per month to GM PIU as well as TL SQC. He/she will stay at fixed head quarter. 5.5. Supervisor He/she has to supervise & control overall work which is assigned to him/her by GM PIU and TL SQC as per responsibilities defined in contract document. Supervisor shall have min. four days visit in his/her assigned area as per tour plan submitted in advance per month to GM PIU as well as TL SQC. He/she will stay at head quarter fixed up by GM PIU. In the absence or non-deployment of more supervisors, he/she may be allotted more areas to work. 5.6. Field / Office Assistant He /she shall stay at head quarter fixed up by TL SQC O&M which shall generally be the same as supervisor. He/she has to work as assistant to supervisors & follow the instructions of MPJN officials, TL SQC & concerned supervisors. In the absence of other field assistant, he/she shall have to work in more areas also & sometimes the work of supervisor. 6. Management Framework (MF) 6.1. A Management Framework (MF) will govern the O&M of MVS. The main features of MF are described below: (i) To administer the contracts, the Client will be the Employer. The General Manager will be the overall in-charge of all Multi Village Rural Water Supply Scheme. He will be duly supported by Manager, Dy. Manager, with other supporting staff including finance and accounts people at the corporate office. The MVS will have a Project Implementation Unit (PIU) headed by a General Manager/Manager duly supported with the sub-ordinate officers/staff. The PIU will interact with both the SQC (O&M) and EPC firms doing O&M of all Multi Village Schemes and shall be reporting to the General Manager of PIU. (ii) The General Manager / Manager, PIU will have authority to give directions to the Supervision and Quality Control Consultancy for Operation & Maintenance
P a g e 42 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
in all routine matters related to the management / administration which will include among other things application of correctives for any laxity in respect of timely action regarding O&M. The SQC (O&M) shall duly consider his suggestions/directions and in case of any differences both the SQC (O&M) and GM / Managers of PIU shall send their independent point to SQC (O&M) shall interact with each other on regular basis and GM/M will make prompt decisions as required in routine technical and contractual matters. All communications / directions at PIU level to the SQC (O&M) shall be made by General Manager. In absence of GM, Manager PIU will be authorized to issue the necessary directions as needed. (iii) The SQC (O&M) will be part of the M.F. and will assist the Employer in all matters pertaining to Operation & Maintenance, as required. (iv) The MPJN or his representative may inspect and review the status of O&M and may issue appropriate directions to the Team Leader for taking necessary action. The MPJN or his representative may also test check the status of water supply in villages and service level bench mark as prescribed in the contract agreement of EPC firms.
7. Basic Requirement of Contract a) The scope of contract generally covers overall operation and maintenance of civil, mechanical, electrical, pipeline & allied works of Multi Village Scheme under the contract for consultancy for supervision of O&M to be done by the O&M contractor as per the approved manual and standards. b) Accommodation for establishing office will be provided by MPJN or payment as quoted in the Financial Proposal of the selected Bidder in lieu of the same will be made to establish office in a nearby location. If MPJN provides space for establishing office, then the payment as quoted in Financial Proposal for office space rent will not be made.
8. Duties to be performed by Consultancy Firm during contract period The following are the tentative details but not limited to:
8.1. Intake Well a) Monitoring of competency/ adequacy of personnel deployed by contractor. b) Monitoring of Pumped Water Flow with Head as per System Design & Operational Requirements specified. c) Supervision of routine maintenance to be done by the O&M contractor in accordance with O&M manual, Contract provisions, Manufacturer’s Manual & relevant IS/International codes. d) Review the record hourly records of following electrical parameters: i. Current, Voltage, Frequency, Power Factor, Active and Reactive Power ii. Keeping the hourly records of following pumping parameters: Pump Flow Rate, Pump head, Water Levels at suction reservoirs, Suction and Delivery Gauge readings
P a g e 43 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
iii. Certification of daily record of readings/ log books of pumps and other instruments i.e. pressure gauge, flow meter, etc. iv. Recording of readings of Flow/ Pressure meters and other instruments. e) Review of daily records of the following: i. Total number of hours of pumping operation ii. Total quantity of water pumped iii. Total energy (kWh) consumption f) Verification of records for Energy consumption for pumps maintained by O&M contractor g) Maintaining Repair History of all Mechanical, Electrical and C&I Equipment's in the Pumping Stations. h) Routine monitoring of Electrical Sub-station equipment's. i) Maintaining various logbooks for various operational activities at Pumping Stations through PLC system
8.2. Raw Water Pumping Mains a) Monitoring of Pumped Water Flow with Head as per System Design & Operational Requirements specified. b) Daily inspection of pipeline, Valves & allied works for leakage or any other type of fault and timely intimation to O&M contractor by SMS/E-mail. c) Supervision of repair works done by O&M contractor d) Maintain the record in a register for repairs/ maintenance as and when done by the O&M contractor. e) Regularly Review the availability of specials / pipes/ Valves etc. required during repair & maintenance
8.3. Water Treatment Plant a) Supervision of routine operation & maintenance activities done by the O&M contractor as per O&M Manual/CPHEEO Manual/ IS Codes/ Contract Provisions. b) Supervision & review of records maintained by the O&M contractor for various components of WTP. c) Supervision of daily operation of Pumps & Pumping System as per client’s Requirements. d) Supervision of Routine and Periodic Maintenance of Mechanical Equipment's of Pumping System e) Supervision of Routine and Periodic Maintenance of Electrical Equipment's of Pumping System f) Supervision of Routine and Periodic Maintenance of Control and Instrumentation Equipment's of Pumping System g) Verification of readings of flow, pressure, level measuring Instruments installed at various components i.e. Channel, CLF, PST, Filter House, Chemical House, Chlorine House, Pump House, etc. h) Periodic site calibration of all measuring/ metering equipment at regular intervals as per the requirement.
P a g e 44 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
i) Witness (Minimum 10%) the daily tests conducted in laboratory for testing the quality of Raw & Treated Water and review of test results. j) Review the hourly records of following electrical parameters: i. Current, Voltage, Frequency, Power Factor, Active and Reactive Power. ii. Keeping the hourly records of following pumping parameters: iii. Pump Flow Rate, Pump head, Water Levels at suction reservoirs, Suction and Delivery Gauge readings. k) Verification & review of consumables like Chemical consumption on daily basis and proper record keeping in prescribed formats. l) Maintaining Repair History of all Mechanical, Electrical and C&I equipment's in the Pumping Stations. m) Routine monitoring of Electrical Sub-station equipment's. n) Verification & review of Electricity consumption by various equipment's. o) Maintaining various logbooks for various operational activities at Pumping Stations through PLC system p) Supervision of Loading & Un-loading activities, proper storage of received materials + Watch & Ward, House-keeping activities, etc.
8.4. Clear Water Pumping Mains: a) Monitoring of Pumped Water Flow with Head as per System Design & Operational Requirements specified. b) Daily inspection of pipeline, Valves& allied works for leakage or any other type of fault and timely intimation to O&M contractor by SMS/E-mail. c) Supervision of repair works done by O&M contractor d) Maintain the record in a register for repairs/ maintenance as and when done by the O&M contractor. e) Regularly Review the availability of specials / pipes/ Valves etc. required during repair & maintenance
8.5. Distribution Network & House Service Connection a) Daily inspection of pipeline, Valves & allied works for leakage or any other type of fault and timely intimation to O&M contractor by SMS/E-mail. b) Supervision of repair works done by O&M contractor c) Maintain the record in a register for repairs/ maintenance as and when done by the O&M contractor. d) Regularly Review the availability of specials / pipes/ Valves etc. required for repair & maintenance e) Keeping the hourly records of following electrical parameters: f) Current, Voltage, Frequency, Power Factor, Active and Reactive Power g) Keeping the hourly records of following pumping parameters: h) Pump Flow Rate, Pump head, Water Levels at suction reservoirs, Suction and Delivery Gauge readings. i) Collection and testing of water samples as per the direction of PIU.
P a g e 45 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
j) As per requirement of Payjal Up-Samiti House Service Connection is done by O&M firm. Supervision of this work is also in scope of SQC (O&M).
8.6. SCADA System a) Review of data received from various components covered like Intake Well Pump House, RWPM, Water Treatment plant, ESRs etc. b) Monitoring of proper functioning of SCADA system c) Maintaining various logbooks for various operational activities at Pumping Stations through PLC system d) Preparation and Submission of Daily/Monthly reports as required, produced from local SCADA system.
8.7. General Facilities a) Supervision of maintenance of other general facilities like staff quarters and guard rooms, etc.
8.8. Revenue Collection a) Monthly Bill for the water supplied to individual Payjal Up-Samiti shall be prepared & served based on meter reading of flow meters installed at ESRs. b) Collection of Cheques from Payjal Up-Samiti and deposit in the account of MPJN, Bhopal.
8.9. Reports a) Preparation of weekly/Monthly reports for O&M done by the contractor with consumption of materials etc. for various components of scheme i.e. Intake Well, RWPM, WTP, CWPM, ESRs, and Distribution Network & Electric Sub-station, etc., preparation of monthly RA Bill of O&M contractor. b) All online entries on website of Government of India and M.P. will be made regularly and attend meetings in this regard up to district level and assist the PIU/PHED officials in these meetings.
8.10. Preparation & Verification of Contractor Bills a) Preparation & Verification of running/final bill/variation of contractor if any regarding construction work taking of measurements in measurement book, preparation / verification of bill in submission / recommendation for necessary payments.
9. SQC (O&M) 9.1. Client in its role as ‘Employer’ will employ qualified Bidder meeting the national standards by selecting from the technically responsive Bidders, to undertake supervision of O&M of the already executed MVS. The firm so selected shall nominate a person to be the Team Leader. This person will reside at the Site Office on a full-time basis throughout the period of the supervision of Operation and Maintenance services, visit the scheme components frequently and will be known as Team Leader. He will be
P a g e 46 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
the overall in-charge of the firm of all the schemes under this agreement and will interact with the General Manager, as well as with the head office on routine basis. 9.2. The supervision team will be composed of qualified and experienced personnel. The indicative qualification and experience criteria are furnished in Annexure-II and the proposed aggregate man-months in Annexure-I. The criteria indicated are for the guidance of the bidders. The relevant professional experience means, the actual experience in the concerned area of expertise on similar nature water supply O&M. 9.3. The Bidders are required to develop the proper understanding of the Project Operation & Maintenance according to the O&M manual / Contract provisions. 9.4. The deployment of the Personnel shall be as communicated by MPJN from time to time. The payments for the respective Personnel will be based on the actual deployment. 9.5. The suggestive qualification experience for support personal (Non-Technical) as indicated in Annexure-II shall regulate the approval of these personnel during the implementation stage. The approval in respect of these personnel from the Employer will be required before the deployment. 9.6. There are certain positions of key experts like Team Leader, where deployment of suitable personnel in considered essential for successful O&M of the water supply schemes/projects. These positions are to be considered for technical evaluation. Bidders are therefore advised to field truly competent and experienced experts at these positions. Post interview, or based on performance, MPJN may ask for certain personnel to be substituted by the Bidder as part of its proposal or deployed team. 9.7. The selected Bidder is required to review the O&M manual and prepare & issue to the contractor the revised O&M manual. 10. Duties and Responsibilities of Team Leader, Dy. TL/Supervisors 10.1. The SQC (O&M) as per contract document is the party as stipulated in the ‘Appendix to Bid’ of the contract document. The Team Leader will act as the ‘SQC (O&M) Representative’. The SQC (O&M) shall delegate the responsibilities to this Team Leader to work and act on behalf of the firm to carry out all the functions related to SQC Consultancy of the Operation and Maintenance of MVS. The SQC (O&M) firm may have the internal regulatory and controlling arrangement with this Team Leader and for this purpose a Team Leader might interact and receive the directions from the firm as decided by the firm. The Employer may also interact with the firm as and when required. 10.2. The duties of the Team Leader will be to properly supervise the works of Operation and Maintenance as per the O&M manual of the contractor in cooperation and in consultation with the Employer to ensure timely O&M. The Team Leader will administer both the O&M works as per contracts and will ensure that the contractual clauses, whether related to service level benchmarks & operation and maintenance of various components of the scheme. The Team Leader shall have no authority to relieve the contractor of any of their duties or obligations under the contracts or to impose
P a g e 47 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
additional obligations not included in the contracts. The duties of the Team Leader will also include issue of decisions, certifications and orders as specified in the Contract. 10.2.1 Principal responsibilities will be generally to carry out all the duties of the Team Leader as specified in the Contract documents, within the limitations specified therein, but not limited to the following. In case of any disparity, the stipulations made in the contract document will prevail in the order of precedence mentioned therein. a. To approve the contractors’ operation and maintenance personnel, mobilization programs. b. To approve the contractors’ routine and time bound O&M program including activity scheduling and resource programming c. Give the order to commence the work with due information to GM PIU. d. Ensure that the operation and maintenance works are in accordance with the technical specifications, Environmental Management Plan and other stipulation of construction contract document and the O&M methods proposed by the contractor follow the above stipulations particularly, in relation to Contractors O&M manual and other resource deployment. e. Correspondence with the O&M Contractor/Firm with due consent of GM PIU. f. Review of compliance of complaint made by consumers regarding proper supply of water or any other within a reasonable time and maintains a record at each ESRs. g. Check the laboratory and field test carried out by the contractor h. Recording of meter reading of water supplied to each village ESRs & preparation of monthly bill and issue to every Payjal Up-Samiti. i. Collection of Cheque from the pay Payjal Up-Samiti and deposit in account of MPJN j. Preparation of Measurement Book for making payment to O&M contractor as per the provision of contract agreement payment breakup for O&M. k. Verification of chemical consumption i.e. Alum, Lime, Chlorine, Bleaching Powder, etc. used for treatment of water on daily basis. l. To ensure safety in supply and handling of chlorine cylinders and mixing of proper amount of chemicals to achieve required quality of water as per standards. m. Certification for chemicals procured by O&M contractor for payment. n. To monitor and check the day to day O&M activities carried out by the contractor o. To direct the Contractor in all matters concerning operation and maintenance safety and care of the works. p. To direct the Contractor to carry out all such works or to do such things as may be necessary in his opinion to avoid or to reduce the risk in any emergency affecting the safety of like or of adjoining property. q. To direct the contractor to take all necessary steps including those mentioned in the O&M manual to protect the environment on and off the site which arise due to O&M operations.
P a g e 48 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
r. To inspect the works, during the O&M period. s. Daily inspection of pipeline i.e. RWPM, CWPM & Distribution Network for leakage, etc. t. Intimation to O&M contractor by Phone/Mobile/SMS/E-mail in case leakage / burst, etc. u. Preparation of monthly report for O&M works done by O&M contractor i.e. tally with all record meeting the service level benchmark and energy consumption with guaranteed limit as given in Agreement with O&M Agency. v. Verification of Electricity Bills of relevant Madhya Pradesh Vidyut Vitran Company Limited. w. To ensure timely execution of operation and maintenance in accordance to the agreement with EPC firms as per the benchmark and propose penalty in case of delay as per provision of agreement with EPC firm. x. Responsibility for maintaining proper water supply in all village of project area. y. Provide assistance to the Employer in respect of contract with maintenance agency regarding implementation, claims and other matters w.r.t. agreement. z. Advise and assist the employer with respect to arbitration if so required; aa. Review and ensure continuity of contractor's services in approved formats; bb. Maintain records of all plant labour and material used in the O&M. cc. Collection and testing of water samples as per the direction of PIU. dd. Collection of readings of all the Electro Magnetic Flow Meters and Bulk Water Meters to ensure generation of correct bills to villages and accounting of UFW and NRW. ee. All online entries on website of Government of India and M.P. will be made regularly and attend meetings in this regard up to district level and assist the PIU / PHED / Local administration officials in these meetings. ff. Timely resolution of public complaints including CM helpline complaints. gg. Proper coordination with all line agencies i.e. local administration, road/electricity/canal authorities, panchayats and other relevant departments. 11. Action Requiring Specific Approval of the Employer 11.1. The Team Leader will be required to obtain the specific approval of the Employer in the matters as specified in Contract Agreement. (i) Issuing the order for special tests not provided for in the contract and determining the cost of such tests, which shall be added to the contract price. (ii) Issuing/approving the Technical Specification, if not provided for an item of works in the Contract, similarly; for any change in Technical Specification of any item of work. 12. Interim and Final Payments 12.1. The SQC (O&M) will process interim and final O&M payments to the Contractor. Interim payments shall be based on interim payment certificates processed by the SQC (O&M) following claims filed by the Contractor. The Supervisor will be responsible for ensuring that all measurements are taken as per specification. All measurements
P a g e 49 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
(100%) will be taken by the Supervisor and recorded in prescribed Measurement Book manually and/or by computer. Supervisor will certify that they have checked at least 25% of the measurements and control tests respectively. The Team Leader shall intimate the details of these check tests to the GM/M before undertaking them, so that the GM/M or his officers could associate, if they wish to do so. 13. Likely Additional Service 13.1. The SQC (O&M) may be required to carry out the supervision of other O&M related works as instructed by the Client during the contract period of O&M as per instruction of GM/M in this regard and may be asked to do any technical work as mentioned above. 14. Reporting Requirements 14.1. The SQC (O&M) will prepare and submit the following reports in hard and soft copies to the Employer on the format prepared by the SQC (O&M) and approved by the Employer. No Particulars of the Report No of Copies 1 Monthly Progress Reports 3 2 Quarterly Progress Reports 3 3 Any additional report and power point as & when required As directed 4 Presentation in Hindi and English As directed 14.2. Monthly Reports 14.2.1. The Team Leader will not later than 5th of each month, submit a progress report summarizing the O&M work accomplished by the SQC (O&M) team for the preceding month (along with photograph). The report will outline any problems encountered (administrative, technical or financial) and give recommendation on how these problems may be overcome. Brief work progress summaries will be included for ongoing works, outlining problems encountered and recommended solutions. The report should record the status of payment of contractors’ monthly bills, of all claims for cost and of action required of government and other agencies to permit unconstrained works implementation. In the report Team Leader will provide amount of total water supplied to each village with the total UFW and NRW of the scheme and copies of the test reports conducted to ensure the quality of the water supplied. 14.3. Quarterly Progress Reports 14.3.1. The Team Leader will submit a comprehensive report summarizing all activities under the Services at the end of each quarter before 10th of the subsequent month, and also at other times when considered warranted by either the Team Leader or the Employer because of delay of the O&M due to the occurrence of technical or contractual difficulties. The report will include brief descriptions of the technical and contractual problems being encountered, physical and financial progress on approved formats, and financial status of the contracts consisting the cost incurred, and cost
P a g e 50 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
forecast, as well as financial plan and other relevant information for the on-going contracts. The SQC (O&M) shall also prepare and submit the following reports (hard & soft copies) from time to time the Client. S. No. Description No of Copies 1 Supervision Manual 5 2 Engineering Reports (if required / as directed) 3 14.4. Yearly Reports 14.4.1. The SQC (O&M) will prepare a comprehensive yearly Report for each defined MVS. 14.5. Any Additional Reports & Power Point presentation 14.5.1. The Team Leader will prepare regular report & any other report with power point presentation and submit softcopy & hardcopy as per instruction/ requirement of General Manager / Manager, PIU. 15. Staffing Schedule 15.1. The Bidder must propose the staff as required in the bid. 15.2. After award of the contract, the Employer expects all the proposed personnel to be available during implementation of the contract as per the agreed staffing schedule. 15.3. The Employer will not consider substitutions during contact implementation except under exceptional circumstances. In case of such replacements, the SQC (Q&M) will ensure that there is a reasonable overlap of at least one month between staff to be replaced and replacement for knowledge transfer, at the cost of the SQC (O&M). 15.4. The Employer may ask for mobilization or demobilization of team / staff with one- month prior notice as per performance and requirement of work. The team / staff shall be mobilized / demobilized as communicated by Employer. 16. Data services and facilities 16.1. The Bidders are required to quote their rates for other incidental expenses on monthly basis for providing the following for their own use. The details mentioned below is minimum what is required to be provided by the SQC (O&M) firm. (i) All Office Expenses. (ii) Minimum 1 Vehicle (hard top jeep, Bolero, Scorpio, TUV 300 or equivalent) for each Team Leader's office and Motor-Cycle 100 cc for Dy. TL and each Supervisor inclusive of hire charges diesel/ Petrol, wages of driver, maintenance, etc. (iii) Computers 1 no. with minimum configuration as Core-I3/I5, 4 GB DDR RAM, 1 TB Hard Disk, office furniture and equipment, etc. basis per office along with all latest compatible software like Scanner, Laser Printer as per requirement of the Employer. (iv) Any other incidental cost like survey equipment including the equipment required during O&M period to regulate the function of operation and maintenance on
P a g e 51 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
hire basis. (v) The rent and other incidental charges are for running office including furniture, all computers and other equipment, telephone, electric bill, water bill, routine cleaning & stationery, computer, printer O&M are to be quoted in the Financial Proposal. The rent of all consolidated items as assessed by SQC (O&M) on monthly basis rate to be provided. (vi) The purchase for deployment of office equipment which is to be included in the office rent and incidental charges shall comprise to run office includes items like desks, chairs, computer table, cupboards, filing cabinet, meeting table with chairs, white boards, sofa set, etc. (vii) It is essential to have own mobile by each staff mentioned and payable as per following provision: Maximum Rs. 1,000 for TL and Rs. 500/- for Dy. TL (Manager CP) and Supervisor or actual whichever is less is reimbursed to firm in monthly bill. 17. Deficiencies of Services 17.1. Deficiencies in the services on part of SQC (O&M) may attract penal provisions in the form of fines, up to a maximum amount of 10% of contract price and /or debarment, etc. The following is a tentative (should not be considered exhaustive) list of deficiencies: a) Not acting impartially or acting in collusion with contractor in award of variation, fixation of new rates, etc. b) Not keeping proper records regarding quantity of water supplied quality control, inspection, etc. c) Failure to give proper and timely advice to client/contractor to enable correction during SQC (O&M) d) Delay in instruction by the SQC (O&M) to contractor/firm. e) Refusing to give reasons for decisions when called for by the client. f) Not being fully conversant with manuals, specifications, standards, Client’s / Ministry’s guidelines and requirement of the project to be followed during operation and maintenance. g) Certifying substandard work/supply for payment. h) Not exercising required scrutiny. i) Lack of proper coordination with contractors and Client’s representative to ensure smooth implementation of SQC (O&M) manual. j) Permitting subletting of any part/major works without authorization. k) Delay in mobilization of required staff at any stage of the contract.
18. Performance Security Selected Bidder shall be required to submit acceptable Bank Guarantee for an amount equal to 5.00% of the accepted cost towards Performance Security. The validity of the Bank Guarantee shall cover entire duration of consultancy period plus 3 months. The format of the Bank Guarantee is provided in the bid document. The Bank Guarantee shall be return after satisfactory completion of the assignment.
P a g e 52 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
19. SQC (O&M) Proposal Submission 19.1. The TOR is prepared to address all the water supply projects in a general way. The Bidders are advised to understand full the specific requirements of the supervision consultancy of respective work. The Bidders are also advised to inspect the concerned MVS stretch and acquaint themselves with the ground realities. 19.2. The Bidders’ submission should be focused to the O&M requirements as per TOR details. The methodology to be submitted should address the O&M requirements. All specific issues for which references have been made in the various parts of this TOR should be addressed effectively. General nature descriptions should be avoided.
P a g e 53 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
SECTION 6 - DRAFT FORM OF CONTRACT
CONTRACT FOR SQC (O&M) SERVICES
Between
MADHYA PRADESH JAL NIGAM
(Name of Client)
And
______
(Name of SQC (O&M))
Dated:
# This is a draft Contract for Consultancy Services. In case of any ambiguity, the provisions of TOR / RFP will prevail while framing the Contract Agreement.
P a g e 54 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Contents
I. FORM OF CONTRACT ...... 56 II. GENERAL CONDITIONS OF CONTRACT ...... 58 1. General Provisions ...... 58 2. Commencement, Completion, Modification and Termination of Contract ...... 59 3. Obligation of the SQC (O&M) ...... 64 4. SQC (O&M) Personnel ...... 66 5. Obligations of the Client ...... 67 6. Payments to the SQC (O&M) ...... 69 7. Fairness and Good Faith ...... 71 8. Dispute Resolution System ...... 71 III. SPECIAL CONDITIONS OF CONTRACT ...... 72 IV. APPENDICES ...... 75 Appendix A: Description of the Services ...... 75 Appendix B: Reporting Requirements ...... 75 Appendix C: Key Personnel ...... 75 Appendix D: Medical Fitness Certificate ...... 75 Appendix E: Hours of Work for Key Personnel ...... 75 Appendix F: Duties of the Client ...... 75 Appendix G: Cost Estimates ...... 75 Appendix H: Form of Performance Security ...... 76 Appendix I: Form of Bank Guarantee for Advance Payments ...... 78
P a g e 55 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
I. FORM OF CONTRACT
COMPLEX TIME-BASED ASSIGNMENTS
This CONTRACT (hereinafter called the ‘Contract’) is made the _____day of the ___ [Month] of ______, 20 ____, between, Madhya Pradesh Jal Nigam (hereinafter called the ‘Client’) and, ______(hereinafter called the ‘SQC (O&M)’). [Note *: If the SQC (O&M) consist of more than one entity, the above should be partially amended to read as follows: “…(hereinafter called the “Client”) and, on the other hand, a joint venture consisting of the following entities, each of which will be jointly and severally liable to the Client for all the SQC (O&M)’s obligations under this Contract, namely, ______and ______(hereinafter called “SQC (O&M)”)]
WHEREAS a) the Client has requested the SQC (O&M) to provide certain consulting services as defined in the General Conditions of Contract attached to this Contract (hereinafter called the “Services”); b) the SQC (O&M), having represented to the Client that they have the required professional skills, personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract. NOW THEREFORE the parties hereto hereby agree as follows: 1. The following documents attached hereto shall be deemed to form an integral part of this Contract: a) Letter of acceptance (LOA); b) Addendum/Corrigendum; c) RFP Document; d) The following Appendices: [Note: If any of these Appendices are not used, the words “Not Used” should be inserted below next to the title of the Appendix on the sheet attached hereto carrying the title of that Appendix]. Appendix A : Description of the Services Appendix B : Reporting Requirements Appendix C : Key Personnel Appendix D : Medical Certificate Appendix E : Hours of Work for key Personnel Appendix F : Duties of the Client Cost Estimates (Financial Proposal) along with arithmetical corrections Appendix G : in Local Currency Copy of Bank Guarantee for Performance security along with Appendix H : confirmation received from Bank
P a g e 56 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
2. The mutual rights and obligations of the Client and the SQC (O&M) shall be as set forth in the Contract; in particular a) The SQC (O&M) shall carry out the Services in accordance with the provisions of the Contract; and b) The Client shall make payments to the SQC (O&M) in accordance with the Provisions of the Contract. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written. Authorized Signatory Authorized Signatory For and on behalf of the For and on behalf of Madhya Pradesh Jal Nigam M/s ……………………………….
(………………………….) (………………) Project Director Authorized Signatory (MP Jal Nigam) Witness
1. Signature 2. Signature
Name Name
P a g e 57 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
II. GENERAL CONDITIONS OF CONTRACT
1. General Provisions 1.1. Definition Unless the context otherwise requires, the following terms whenever used in this Contract have the following meanings: a. ‘Applicable Law’ means the laws and any other instruments having the force of law in the India as they may be issued and in force from time to time. b. “Contract means the Contract signed by the Parties, to which these General Conditions of Contract are attached, together with all the documents listed in Clause 1 of such signed Contract; c. “Effective Date‟ means the date on which this Contract comes into force and effect pursuant to Clause GC 2.1; d. GC means these General Conditions of Contract; e. “Government” means the Government of Madhya Pradesh; f. Currency means the Indian Rupees (INR); g. “Member”, in case the SQC (O&M) consist of a joint venture of more than one entity, means any of these entities, and “Members” means all of these entities; h. “Party‟ means the Client or the SQC (O&M), as the case may be, and Parties means both of them; i. “Personnel” means persons hired by the SQC (O&M) as Employees and assigned to the performance of the Services or any part thereof; j. "SC" means the Special Conditions of Contract by which these General Conditions of Contract may be amended or supplemented; k. "Services" means the work to be performed by the SQC (O&M), as described in Appendix A hereto; l. "Third Party" means any person or entity other than the Government, the Client, or the SQC (O&M). 1.2. Relation between the Parties Nothing contained herein shall be construed as establishing a relation of master and servant or of principal and agent as between the Client and the SQC (O&M). The SQC (O&M), subject to this Contract, have complete charge of Personnel, performing the Services and shall be fully responsible for the Services performed by them or on their behalf hereunder. 1.3. Interpretation This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law. 1.4. Language This Contract has been executed in the language specified in the SC, which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.
P a g e 58 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
1.5. Headings The headings shall not limit, alter or affect the meaning of this Contract. 1.6. Notices 1.6.1. Any notice, request or consent required or permitted to be given or made pursuant to this Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given or made when delivered in person to an authorized representative of the Party to whom the communication is addressed, or when sent by registered mail, courier or facsimile to such Party at the address specified in the SC. 1.6.2. Notice will be deemed to be effective as specified in the SC. 1.6.3. A Party may change its address for notice hereunder by giving the other Party notice of such change pursuant to the provisions listed in the SC with respect to Clause GC 1.6.1. 1.7. Location The Services shall be performed at such locations as are specified in Appendix A hereto. 1.8. Authority of Member in Charge In case the SQC (O&M) consist of a joint venture of more than one entity, the Members hereby authorize the entity specified in the SC to act on their behalf in exercising all the SQC (O&M)'s rights and obligations towards the Client under this Contract, including without limitation the receiving of instructions and payments from the Client. 1.9. Authorized Representatives Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the SQC (O&M) may be taken or executed by the officials specified in SC. 1.10. Taxes and Duties Unless otherwise specified in the SC, the SQC (O&M) and Personnel shall pay such taxes, duties, fees and other impositions as may be levied under the Applicable Law. 2. Commencement, Completion, Modification and Termination of Contract 2.1. Effectiveness of Contract This Contract shall come into force and effect on the date (the "Effective Date") of the Client's notice to the SQC (O&M) instructing the SQC (O&M) to begin carrying out the Services. This notice shall confirm that the effectiveness conditions, if any, listed in the SC have been met. 2.2. Termination of Contract for Failure to Become Effective If this Contract has not become effective within such time period after the date of the Contract signed by the Parties as shall be specified in the SC, either Party may, by not less than four (4) weeks' written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any
P a g e 59 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
claim against the other Party with respect hereto. 2.3. Commencement of Services The SQC (O&M) shall begin carrying out the Services at the end of such time period after the Effective Date as shall be specified in the SC. 2.4. Expiration of Contract Unless terminated earlier pursuant to Clause GC 2.9 hereof, this Contract shall expire when services have been completed and all payments have been made at the end of such time period after the Effective Date. 2.5. Entire Agreement This Contract contains all covenants, stipulations and provisions agreed by the Parties. No agent or representative of either Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. 2.6. Modification Modification of the terms and conditions of this Contract, including any modification of the scope of the Services, may only be made by written agreement between the Parties. Pursuant to Clause GC 7.2 hereof, however, each Party shall give due consideration to any proposals for modification made by the other Party. 2.7. Force Majeure 2.7.1. Definition a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies. b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of SQC (O&M) or its employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations hereunder. c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder. 2.7.2. No Breach of Contract The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable
P a g e 60 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. 2.7.3. Measures to be Taken a) A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party's inability to fulfil its obligations hereunder with a minimum of delay. b) A Party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible. c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure. 2.7.4. Extension of Time Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. 2.7.5. Consultation Not later than thirty (30) days after the SQC (O&M), as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. 2.8. Suspension The Client may, by written notice of suspension to the SQC (O&M), suspend all payments to the SQC (O&M) hereunder if the SQC (O&M) fails to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the SQC (O&M) to remedy such failure within a period not exceeding thirty (30) days after receipt by the SQC (O&M) of such notice of suspension. 2.9. Termination 2.9.1. By the Client The Client may, by not less than thirty (30) days' written notice of termination to the SQC (O&M) (except in the event listed in paragraph (f) below, for which there shall be a written notice of not less than sixty (60) days), such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (g) of this Clause GC 2.9.1, terminate this Contract. a) If the SQC (O&M) fails to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause GC 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or
P a g e 61 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
within such further period as the Client may have subsequently approved in writing; b) If the SQC (O&M) becomes (or, if the SQC (O&M) consist of more than one entity, if any of their Members becomes) insolvent or bankrupt or enter into any agreement with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary; c) If the SQC (O&M) fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause GC 8 hereof; d) If the SQC (O&M) submit to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the SQC (O&M) knows to be false; e) If, as the result of Force Majeure, the SQC (O&M) are unable to perform a material portion of the Services for a period of not less than sixty (60) days; f) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this Contract; g) If the SQC (O&M), in the judgment of the Client has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this clause: "Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution. "Fraudulent practice" means a misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the Borrower and includes collusive practice among SQC (O&M) (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the Borrower of the benefits of free and open competition. 2.9.2. By the SQC (O&M) The SQC (O&M) may, by not less than thirty (30) days' written notice to the Client, such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this Clause GC 2.9.2, terminate this Contract: a) If the Client fails to pay any amount due to the SQC (O&M) pursuant to this Contract and not subject to dispute pursuant to Clause 8 hereof within forty-five (45) days after receiving written notice from the SQC (O&M) that such payment is overdue; b) If the Client is in material breach of its obligations pursuant to this Contract and has not remedied the same within forty-five (45) days (or such longer period as the SQC (O&M) may have subsequently approved in writing) following the receipt by the Client of the SQC (O&M)'s notice specifying such breach; c) If, as the result of Force Majeure, the SQC (O&M) are unable to perform a material portion of the Services for a period of not less than sixty (60) days; or d) If the Client fails to comply with any final decision reached as a result of arbitration
P a g e 62 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
pursuant to Clause GC 8 hereof. 2.9.3. Cessation of Rights and Obligations Upon termination of this Contract pursuant to Clauses GC 2.2 or GC 2.9 hereof, or upon expiration of this Contract pursuant to Clause GC 2.4 hereof, all rights and obligations of the Parties hereunder shall cease, except: (i) Such rights and obligations as may have accrued on the date of termination or expiration; (ii) The obligation of confidentiality set forth in Clause GC 3.3 hereof; (iii)The SQC (O&M)'s obligation to permit inspection, copying and auditing of their accounts and records set forth in Clause GC 3.6 (ii) hereof; and (iv) Any right which a Party may have under the Applicable Law. 2.9.4. Cessation of Services Upon termination of this Contract by notice of either Party to the other pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the SQC (O&M) shall, immediately upon dispatch or receipt of such notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to a minimum. With respect to documents prepared by the SQC (O&M), the SQC (O&M) shall proceed as provided by Clause GC 3.9 hereof. 2.9.5. Payment upon Termination Upon termination of this Contract pursuant to Clauses GC 2.9.1 or GC 2.9.2 hereof, the Client shall make the following payments to the SQC (O&M) (after offsetting against these payments any amount that may be due from the SQC (O&M) to the Client): a) Remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to the effective date of termination; b) Expenditures pursuant to Clause GC 6 hereof for expenditures actually incurred prior to the effective date of termination; and c) Except in the case of termination pursuant to paragraphs (a) through (d) of Clause GC 2.9.1 hereof, reimbursement of any reasonable cost incident to the prompt and orderly termination of the Contract including the cost of the return travel of the SQC (O&M)'s personnel and their eligible dependents. 2.9.6. Disputes about Events of Termination If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause GC 2.9.1 or in Clause GC 2.9.2 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to arbitration pursuant to Clause GC 8 hereof, and this Contract shall not be terminated on account of such event except in accordance with the terms of any resulting arbitral award.
P a g e 63 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
3. Obligation of the SQC (O&M) 3.1. General 3.1.1. Standard of Performance The SQC (O&M) shall perform the Services and carry out their obligations hereunder with all due diligence, efficiency and economy, in accordance with generally accepted professional techniques and practices, and shall observe sound management practices, and employ appropriate advanced technology and safe and effective equipment, machinery, materials and methods. The SQC (O&M) shall always act, in respect of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests in any dealings with Third Parties. 3.1.2. Law Governing Services The SQC (O&M) shall perform the Services in accordance with the Applicable Law and shall take all practicable steps to ensure that any Personnel of the SQC (O&M), comply with the Applicable Law. The Client shall advise the SQC (O&M) in writing of relevant local customs and the SQC (O&M) shall, after such notifications, respect such customs. 3.2. Conflict of Interest In no case any company or their business associates or their personnel will be permitted to work as SQC (O&M) if they are directly or indirectly related or associated with the MPJN or with the contactors or maintenance contractor of the particular scheme for which SQC (O&M) will work. 3.2.1. SQC (O&M) Not to Benefit from Commissions, Discounts, etc. The Remuneration of the SQC (O&M) pursuant to Clause GC 6 hereof shall constitute the SQC (O&M)'s sole remuneration in connection with this Contract or the Services and, subject to Clause GC 3.2.2 hereof, the SQC (O&M) shall not accept for their own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Contract or to the Services or in the discharge of their obligations hereunder and the SQC (O&M) shall use their best efforts to ensure that any of their Personnel and agents, similarly shall not receive any such additional remuneration. 3.2.2. Procurement Rules of Funding Agencies If the SQC (O&M), as part of the Services, have the responsibility of advising the Client on the procurement of goods, works or services, the SQC (O&M) shall comply with any applicable procurement guidelines of the Bank or of the Association, as the case may be, and other funding agencies and shall at all times exercise such responsibility in the best interest of the Client. Any discounts obtained by the SQC (O&M) in the exercise of such procurement responsibility shall be for the account of the Client. 3.2.3. SQC (O&M) and Affiliates Not to engage in Certain Activities The SQC (O&M) agree that, during the term of this Contract and after its termination, the SQC (O&M) and any entity affiliated with the SQC (O&M), shall be disqualified from providing goods, works or services (other than the Services and any continuation thereof)
P a g e 64 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
for any project resulting from or closely related to the Services. 3.2.4. Prohibition of Conflicting Activities The SQC (O&M) shall not engage, and shall cause their Personnel not to engage, either directly or indirectly, in any of the following activities: a) During the term of this Contract, any business or professional activities in the Government's country which would conflict with the activities assigned to them under this Contract; and b) After the termination of this Contract, such other activities as may be specified in the SC. 3.3. Confidentiality The SQC (O&M) and their personnel shall not, either during the term or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Client's business or operations without the prior written consent of the Client. 3.4. Liability of the SQC (O&M) Subject to additional provisions, if any, set forth in the SC, the SQC (O&M) liability under this Contract shall be as provided by the Applicable Law. 3.5. Insurance to be Taken Out by the SQC (O&M) The SQC (O&M) (i) shall take out and maintain, at their own cost but on terms and conditions approved by the Client, insurance against the risks, and for the coverage, as shall be specified in the SC, and (ii) at the Client's request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums therefore have been paid. 3.6. Accounting, Inspection and Auditing The SQC (O&M) shall: (i) shall keep accurate and systematic accounts and records in respect of the Services, hereunder, in accordance with internationally accepted accounting principles and in such form and detail as will clearly identify all relevant time charges and cost, and the bases thereof (including such bases as may be specifically referred to in the SC); (ii) shall permit the client or its designated representative periodically, and up to one year from the expiration or termination of this Contract, to inspect the same and make copies thereof as well as to have them audited by auditors appointed by the Client; and (iii) shall permit the client to inspect the SQC (O&M) accounts and records relating to the performance of the SQC (O&M) and to have them audited by auditors appointed by the Client. 3.7. SQC (O&M)'s Actions Requiring Client's Prior Approval The SQC (O&M) shall obtain the Client's prior approval in writing before taking any of
P a g e 65 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
the following actions: a) appointing such members of the Personnel as are listed in Appendix C ("SQC (O&M) Key Personnel") merely by title but not by name; b) The SQC (O&M) shall remain fully liable for the performance of the Services by its Personnel pursuant to this Contract; and c) Any other action that may be specified in the SC. 3.8. Reporting Obligations The SQC (O&M) shall submit to the Client the reports and documents specified in Appendix B hereto, in the form, in the numbers and within the time periods set forth in the said Appendix. 3.9. Documents Prepared by the SQC (O&M) to Be the Property of the Client All plans, drawings, specifications, designs, reports, other documents and software prepared by the SQC (O&M) for the Client under this Contract shall become and remain the property of the Client, and the SQC (O&M) shall, not later than upon termination or expiration of this Contract, deliver all such documents to the Client, together with a detailed inventory thereof. Restrictions about the future use of these documents and software, if any, shall be specified in the SC. 4. SQC (O&M) Personnel 4.1. General The SQC (O&M) shall employ and provide such qualified and experienced Personnel as are required to carry out the Services. 4.2. Description of Personnel a) The titles, job descriptions, minimum qualification and estimated periods of engagement in the carrying out of the Services of each of the SQC (O&M)'s Key Personnel are described in Appendix C. If any of the Key Personnel has already been approved by the Client, his/her name is listed as well. b) If required to comply with the provisions of Clause GCC 3.1.1 hereof, adjustments with respect to the estimated periods of engagement of Key Personnel set forth in Appendix C may be made by the SQC (O&M) by written notice to the Client, provided (i) that such adjustments shall not alter the originally estimated period of engagement of any individual by more than 10% or one week, whichever is larger, and (ii) that the aggregate of such adjustments shall not cause payments under this Contract to exceed the ceilings set forth in Clause GC 6.1 (b) of this Contract. Any other such adjustments shall only be made with the Client's written approval or based on Client’s instructions. c) If additional work is required beyond the scope of the Services specified in Appendix A, the estimated periods of engagement of Key Personnel set forth in Appendix C may be increased by agreement in writing between the Client and the SQC (O&M), provided that any such increase shall not, except as otherwise agreed, cause payments under this Contract to exceed the ceilings set forth in Clause GCC
P a g e 66 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
6.1 (b) of this Contract. 4.3. Approval of Personnel The Key Personnel listed by title as well as by name in Appendix C are hereby approved provisionally by the Client subject to the condition that they will be finally approved by the Client following the interview by GM, PIU. Client may ask for certain Personnel to be substituted following the interview, and the SQC (O&M) submits that the Personnel shall be replaced with equivalent or better Personnel without any change in the Financial Proposal. In respect of other Key Personnel which the SQC (O&M) proposes, to use in the carrying out of the Services, the SQC (O&M) shall submit to the client for review and approval a copy of their biographical data. If the Client does not object in writing (stating the reasons for the objection) within thirty (30) calendar days from the date of receipt of such biographical data, such Key Personnel shall be deemed to have been approved by the Client. 4.4. Working Hours, Overtime, Leave, etc. a) Working hours and holidays for Key Personnel are set forth in SC. b) Client shall not pay for overtime neither for paid sick leave or vacation leave except as specified in SC hereto, and except as specified in such Appendix, the SQC (O&M)'s remuneration shall be deemed to cover these items. All leave to be allowed to the personnel are included in the staff-months of service set for in Appendix C. Any taking of leave by Personnel shall be subject to the prior approval by the Client and the SQC (O&M) shall ensure that absence for leave purposes will not delay the progress and adequate supervision of the Services. 4.5. Removal and/or Replacement of Personnel a) Except as the Client may otherwise agree, no changes shall be made in the Key Personnel. If, for any reason beyond the reasonable control of the SQC (O&M), it becomes necessary to replace any of the Personnel or if asked by the Client, the SQC (O&M) shall forthwith provide as a replacement, a person of equivalent or better qualifications. b) If the Client (i) finds that any of the Personnel has committed serious misconduct or has been charged with having committed a criminal action, or (ii) has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the SQC (O&M) shall, at the Client's written request specifying the grounds therefore, forthwith provide as a replacement a person with qualifications and experience acceptable to the Client. 5. Obligations of the Client 5.1. Assistance and Exemptions Unless otherwise specified in the SC, the Client shall use its best efforts to ensure that the Government shall: a) Provide the SQC (O&M) and Personnel with work permits and such other documents as shall be necessary to enable the SQC (O&M) or Personnel to perform
P a g e 67 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
the Services; b) Assist for the Personnel and, if appropriate, their eligible dependents to be provided promptly with all necessary entry and exit visas, residence permits, exchange permits, and any other documents required for their stay in Government's country; c) Facilitate prompt clearance through customs of any property required for the Services and of the personal effects of the Personnel and their eligible dependents; d) Issue to officials, agents and representatives of the Government all such instructions as may be necessary or appropriate for the prompt and effective implementation of the Services; e) Assist the SQC (O&M) and the Personnel for the Services from any requirement to register or obtain any permit to practice their profession or to establish themselves either individually or as a corporate entity according to the Applicable Law; f) Provide to the SQC (O&M) and Personnel any such other assistance as may be specified in the SC. 5.2. Access to Land The Client warrants that the SQC (O&M) shall have, free of charge, unimpeded access to all land in the Government's country in respect of which access is required for the performance of the Services. The Client will be responsible for any damage to such land or any property thereon resulting from such access and will indemnify the SQC (O&M) and each of the Personnel in respect of liability for any such damage, unless such damage is caused by the default or negligence of the SQC (O&M) or the Personnel of either of them. 5.3. Change in the Applicable Law If, after the date of this Contract, there is any change in the Applicable Law with respect to taxes and duties which increases or decreases the cost or reimbursable expenses incurred by the SQC (O&M) in performing the Services, then the remuneration and reimbursable expenses otherwise payable to the SQC (O&M) under this Contract shall be increased or decreased accordingly by agreement between the Parties hereto, and corresponding adjustments shall be made to the ceiling amounts specified in Clause GC 6.1 (b). 5.4. Services, Facilities and Property of the Client The Client shall make available to the SQC (O&M) and the Personnel, for the purposes of the services and free of any charge, the services, facilities and property described in Appendix F at the times and in the manner specified in said Appendix F, provided that if such services, facilities and property shall not be made available to the SQC (O&M) as and when so specified, the Parties shall agree on (i) any time extension that it may be appropriate to grant to the SQC (O&M) for the performance of the Services, (ii) the manner in which the SQC (O&M) shall procure any such services, facilities and property from other sources, and (iii) the additional payments, if any, to be made to the SQC (O&M) as a result thereof pursuant to Clause GC 6.l (c) hereinafter. 5.5. Payment In consideration of the Services performed by the SQC (O&M) under this Contract, the Client shall make to the SQC (O&M) such payments and in such manner as is provided by
P a g e 68 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Clause GC 6 of this Contract. 5.6. Counterpart Personnel a) If so provided in Appendix F hereto, the Client shall make available to the SQC (O&M), as and when provided in such Appendix F, and free of charge, such counterpart personnel to be selected by the Client, with the SQC (O&M)'s advice, as shall be specified in such Appendix F. Counterpart personnel shall work under the exclusive direction of the SQC (O&M). If any member of the counterpart personnel fails to perform adequately any work assigned to him by the SQC (O&M) which is consistent with the position occupied by such member, the SQC (O&M) may request the replacement of such member, and the Client shall not unreasonably refuse to act upon such request. b) If counterpart personnel are not provided by the Client to the SQC (O&M) as and when specified in Appendix F, the Client and the SQC (O&M) shall agree on (i) how the affected part of the Services shall be carried out, and (ii) the additional payments, if any, to be made by the Client to the SQC (O&M) as a result thereof pursuant to Clause GC 6.1(c) hereof. 6. Payments to the SQC (O&M) 6.1. Cost Estimates; Ceiling Amount a) An estimate of the cost of the Services is set forth as specified in SC. b) Except as may be otherwise agreed under Clause GC 2.6 and subject to Clause GC 6.1(c), payments under this Contract shall not exceed 1.5 times the limit specified in the SC. Any payment in excess of the above limit will have to be approved by the Managing Director, Madhya Pradesh Jal Nigam. c) Notwithstanding Clause GC 6.l (b) hereof, if pursuant to clauses GC 5.3, 5.4 or 5.6 hereof, the Parties shall agree that additional payments shall be made to the SQC (O&M) in order to cover any necessary additional expenditures not envisaged in the cost estimates referred to in Clause GC 6.1 (a) above, the ceiling or ceilings, as the case may be, set forth in Clause GC 6.1 (b) above shall be increased by the amount or amounts, as the case may be, of any such additional payments. 6.2. Remuneration and Expenditures a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client must pay to the SQC (O&M) (i) remuneration as set forth in Clause GC 6.2 (b), and (ii) expenditures as set forth in Clause GC 6.2 (c). If specified in the SC, said remuneration shall be subject to price adjustment as specified in the SC. b) Remuneration for the Personnel shall be determined on the basis of time actually spent by such Personnel in the performance of the Services after the date determined in accordance with Clause GC 2.3 and Clause SC 2.3 (or such other date as the Parties shall agree in writing) (including time for necessary travel via the most direct route) at the rates referred to, and subject to such additional provisions as are set forth, in the SC. c) Expenditures incurred by the SQC (O&M) in the performance of the Services, as
P a g e 69 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
specified in Financial Proposal. 6.3. Currency of Payment All payments under this Contract shall be made only in Indian National Rupee. 6.4. Mode of Billing and Payment Billing and payments in respect of the Services shall be made as follows: a) The Client shall cause to be paid to the SQC (O&M) an interest-bearing advance payment as specified in the SC, and as otherwise set forth below. The advance payment will be due after provision by the SQC (O&M) to the Client of a bank guarantee by a bank acceptable to the Client in an amount (or amounts) and in a currency (or currencies) specified in the SC, such bank guarantee (i) to remain effective until the advance payment has been fully set off as provided in the SC, and (ii) to be in the form set forth in Appendix I hereto or in such other form as the Client shall have approved in writing. b) As soon as practicable and not later than fifteen (15 days) after the end of each calendar month during the period of the Services, the SQC (O&M) shall submit to the Client, in duplicate, itemized statements, accompanied by copies of receipted invoices, vouchers and other appropriate supporting materials, of the amounts payable pursuant to Clauses GC 6.3 and 6.4 for such month. c) The Client shall cause the payment of the SQC (O&M) periodically as given in schedule of payment above within sixty (60) days after the receipt by the Client of bills with supporting documents. Only such portion of a monthly statement that is not satisfactorily supported may be withheld from payment. If any discrepancy be found to exist between actual payment and costs authorized to be incurred by the SQC (O&M), the Client may add or subtract the difference from any subsequent payments. Interest at the rate specified in the SC shall become payable as from the above due date on any amount due by, but not paid on such due date. d) The final payment under this Clause shall be made only after the final report and a final statement, identified as such, shall have been submitted by the SQC (O&M) and approved as satisfactory by the Client. The Services shall be deemed completed and finally accepted by the Client and the final report and final statement shall be deemed approved by the Client as satisfactory ninety (90) calendar days after receipt of the final report and final statement by the Client unless the Client, within such ninety (90) day period, gives written notice to the SQC (O&M) specifying in detail deficiencies in the Services, the final report or final statement. The SQC (O&M) shall thereupon promptly make any necessary corrections, and upon completion of such corrections, the foregoing process shall be repeated. Any amount which the Client has paid or caused to be paid in accordance with this Clause in excess of the amounts actually payable in accordance with the provisions of this Contract shall be reimbursed by the SQC (O&M) to the Client within thirty (30) days after receipt by the SQC (O&M) of notice thereof. Any such claim by the Client for reimbursement must be made within twelve (12) calendar months after receipt by the Client of a final report and a final statement approved by the Client
P a g e 70 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
in accordance with the above. e) All payments under this Contract shall be made to the account of the SQC (O&M) specified in the SC. 7. Fairness and Good Faith 7.1. Good Faith The Parties undertake to act in good faith with respect to each other’s rights under this Contract and to adopt all reasonable measures to ensure the realization of the objectives of this Contract. 7.2. Operation of the Contract The Parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the Parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interest of either of them, and that, if during the term of this Contract either Party believes that this Contract is operating unfairly, the Parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute subject to arbitration in accordance with Clause GC 8 hereof. 8. Dispute Resolution System 8.1. No dispute can be raised on any forum except before the Competent Authority as defined in Contract Data in writing giving full description of facts and grounds pertaining to the dispute. It is clarified that merely recording protest while accepting measurement and/or payment shall not be taken as raising a dispute. 8.2. No dispute can be raised after 45 days of its first occurrence. Any dispute raised after expiry of 45 days of its first occurrence shall not be entertained and the Employer shall not be liable for claims arising out of such dispute. It is also made clear that there shall be no provision for condonation of delay if the dispute is raised after 45 days. 8.3. After receiving the dispute, it shall be put up within the MPJN Technical committee for discussion & recommendations to the Competent Authority i.e. Project Director, who shall decide the matter within 45 days. 8.4. Appeal against the order of the Competent Authority i.e. Project Director can be preferred within 30 days to the Appellate Authority i.e. Managing Director of MPJN. The Appellate Authority i.e. Managing Director (MD) of MPJN shall decide the dispute within 45 days. 8.5. Appeal against the order of the Appellate Authority can be referred before the Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. 8.6. The SQC (O&M) shall have to continue Services with due diligence notwithstanding pendency of a dispute before any authority or forum.
P a g e 71 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
III. SPECIAL CONDITIONS OF CONTRACT
Number of Amendments of, and Supplements to, Clauses in the GC Clause General Conditions of Contract 1.4 The language is: English / Hindi The addresses are: Client: MADHYA PRADESH JAL NIGAM (A Govt. of Madhya Pradesh Undertaking) 1.6.1 "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 SQC (O&M): As given by SQC (O&M) in submission of Technical / Financial proposal. Notice will be deemed to be effective as follows: 1.6.2 (a) In the case of personal delivery or registered mail / courier, on delivery; The member in Charge is: Authorized representative to whom power of 1.8 Authority has been delegated on non-judicial stamp paper. The Authorized Representative are: For the Client: Managing Director or Authorized representative of MADHYA PRADESH JAL NIGAM 1.9 (A Govt. of Madhya Pradesh Undertaking) "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 For the SQC (O&M): Authorized representative of the firm/JV to whom power of authority has been delegated on non- judicial stamp paper. The SQC (O&M) and the Personnel will pay all the taxes, duties, fees, levies and other impositions levied under the existing, amended or enacted 1.10 laws during life of this contract and the client shall perform such duties in regard to the deduction of such tax as may be lawfully imposed. Only the GST will be paid extra to the SQC (O&M) by the client, if applicable. 2.1 The effectiveness conditions are the following: NIL The time period shall be three months or such other time period as the 2.2 parties may agree in writing. The time period shall be one month or such other time period as the Parties 2.3 may agree in writing. The time period shall be two years from the start of the Services under this 2.4 Contract or such extended period as mutually agreed or such other time period as the parties may agree in writing. The Client may take further action including debarment and blacklisting at 2.9.1 its discretion depending on the reason for termination. Limitation of the SQC (O&M)'s Liability towards the Client a) Except in case of gross negligence or wilful misconduct on the part of the SQC (O&M) or on the part of any person or firm acting on behalf of the SQC (O&M) in carrying out the Services, the SQC (O&M), with 3.4 respect to damage caused by the SQC (O&M) to the Client's property, shall not be liable to the Client: (i) For any indirect or consequential loss or damage; and (ii) For any direct loss or damage that exceeds (A) the total payments for Professional Fees and Reimbursable Expenditures made or expected to be made to the SQC (O&M) hereunder, or (B) the proceeds the
P a g e 72 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Number of Amendments of, and Supplements to, Clauses in the GC Clause General Conditions of Contract SQC (O&M) may be entitled to receive from any insurance maintained by the SQC (O&M) to cover such a liability, whichever of (A) or (B) is higher. b) This limitation of liability shall not affect the SQC (O&M)'s liability, if any, for damage to Third Parties caused by the SQC (O&M) or any person or firm acting on behalf of the SQC (O&M) in carrying out the Services. The risks and the coverage shall be as follows: a) Third Party motor vehicle liability insurance as required under Motor Vehicles Act, 1988 in respect of motor vehicles operated in India by the SQC (O&M) or their Personnel for the period of consultancy. b) Third Party liability insurance with a minimum coverage, of Rs. 10 Lakh for the period of consultancy. c) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy, with a minimum coverage equal to estimated contract value. 3.5 d) Employer's liability and workers' compensation insurance in respect of the Personnel of the SQC (O&M) in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and e) Insurance against loss of or damage to (i) equipment purchased in whole or in part with funds provided under this Contract, (ii) the SQC (O&M)'s property used in the performance of the Services, and (iii) any documents prepared by the SQC (O&M) in the performance of the Services. The SQC (O&M) shall not use these documents for purposes unrelated to 3.9 this Contract without the prior written approval of the Client. Notwithstanding the provisions of Clause GCC 4.2 (b), adjustments with 4.2 (b) respect to the period of deployment / engagement of staff shall be made as directed by Client. a) Normal office working hours will be 9:30 AM to 5:30 PM. b) Normal site working / visit hours will be based on site requirements. c) One weekly off (generally Sunday) and national holidays are allowed for all Personnel. 4.4 d) 13 Casual Leaves in a year is permitted to all. However, the casual leaves will accrue on monthly pro-rata basis. Casual leaves can be utilized only from the accrued balance. e) In case the staff goes on leave on medical or other unavoidable reasons then the firm must provide alternative staff for that duration. 5.4 Not applicable 5.6 Not applicable The following provisions shall apply to the interest-bearing advance payment and the advance payment guarantee: 6.4 (a) 1) An advance payment of 10% of the contract price shall be made within 60 days after receipt and verification of advance payment bank
P a g e 73 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Number of Amendments of, and Supplements to, Clauses in the GC Clause General Conditions of Contract guarantee. The advance payment will be set off by the Client in equal instalments against the statements for the first 10 months of the service until the advance payment has been fully set off. 2) The bank guarantee shall be equal to the amount of the advance payment 3) Interest rate shall be 10% per annum. a) Payments for remuneration & expenditure made in accordance with Clause GC 6.2 (a) shall be adjusted as follows: Remuneration & expenditure pursuant to the rates set forth in the Appendix G shall be adjusted every April subject to at least six months of the Contract having elapsed by that time. Yearly increment will be given on base cost on WPI basis. March month (Annual WPI of immediately preceding March) is taken as the basis for increment. Changed cost shall be payable from April to March every year. b) (1) It is understood that the remuneration and expenditure rates shall cover (A) such salaries and allowances as the SQC (O&M) shall have agreed to pay to the Personnel as well as factors for social charges and 6.2 overhead, and (B) the cost of backstopping by home office staff not included in the Personnel listed in Appendix C, and (C) the SQC (O&M)'s fee. (2) Remuneration for periods of less than one month shall be calculated on an hourly basis for actual time spent in the SQC (O&M)'s office and directly attributable to the Services (one hour being equivalent to 1/240th of a month) and on a calendar-day basis for time spent away from office (one day being equivalent to 1/30th of a month). (3) Expenditure for period of less than one month shall be calculated on a calendar-day basis (one day being equivalent to 1/30th of a month). c) The rates for remuneration and expenditure are set forth in Appendix G. Disputes shall be adjudicated through arbitration in accordance with the 8.5 provisions of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 as amended from time to time.
P a g e 74 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
IV. APPENDICES
Appendix A: Description of the Services [Give detailed descriptions of the Services to be provided; dates for completion of various tasks, place of performance for different tasks; specific tasks to be approved by Client, etc.] Details as per TOR
Appendix B: Reporting Requirements Details as per TOR [List format, frequency, contents of reports and number of copies; persons to receive them; dates of submission, etc. If no reports are to be submitted, state here "Not applicable".} Please refer TOR
Appendix C: Key Personnel List: Titles {and names, if already available}, detailed job descriptions and minimum qualifications, experience of Personnel to be assigned to work, and staff- months for each. Please refer TOR
Appendix D: Medical Fitness Certificate (The form of Medical Certificate as required under the. rules of Govt. of M.P.) Not used
Appendix E: Hours of Work for Key Personnel Please refer TOR
Appendix F: Duties of the Client Not used
Appendix G: Cost Estimates List hereunder cost estimate: Please refer BOQ
P a g e 75 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Appendix H: Form of Performance Security (PERFORMAMANCE BANK GUARANTEE)
(Clause-18 of TOR) Bank Guarantee no. ………………. Date …………………
Name of Beneficiary: The Managing Director, MADHYA PRADESH JAL NIGAM (A Govt. of Madhya Pradesh Undertaking) "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 WHEREAS ______[Name and address of SQC (O&M)]1 (hereinafter called “the SQC (O&M)”) has undertaken, in pursuance of Contract No.______dated ………………. to provides the services on terms and conditions set forth in this Contract ______[Name of contract and brief description of works) (hereinafter called the “the Contract”). AND WHEREAS it has been stipulated by you in the said Contract that the SQC (O&M) shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligations in accordance with the Contract; AND WHEREAS we have agreed to give the SQC (O&M) such a Bank Guarantee; NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the SQC (O&M) up to a total of ______[amount of Guarantee in figures & words]]2, such sum being payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of ______[amount of Guarantee] as aforesaid without your needing to prove or to show grounds or reasons for your demand for the sum specified therein. We hereby waive the necessity of your demanding the said debt from the SQC (O&M) before presenting us with the demand. We further agree that no change or addition to or other modification of the terms of the Contract or of the services to be performed there under or of any of the Contract documents which may be made between you and the SQC (O&M) shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification. The liability of the Bank under this Guarantee shall not be affected by any change in the constitution of the SQC (O&M) or of the Bank. Notwithstanding anything contained herein before, our liability under this guarantee is restricted to Rs. ______(Rs. ______) and the guarantee shall remain valid till ______[This guarantee shall be valid until 90 days after the date of completion of agreement period.]. Unless a claim or a demand in writing is made upon us on or before ______all our liability under this guarantee shall cease.
P a g e 76 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Signature and Seal of the Guarantor ______In presence of 1. Signature ______Name and Designation ______
2. Signature ______Name and Designation ______
Name, address and seal of the Bank ______Phone & Fax No. ______Date ______
1 Give names of all partners if the SQC (O&M) is a Joint Venture.
P a g e 77 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh
Appendix I: Form of Bank Guarantee for Advance Payments (Reference Clause 6.4 (a) of Contract)
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank) Bank Guarantee no. ………………. Date …………………
Name of Beneficiary: The Managing Director, MADHYA PRADESH JAL NIGAM (A Govt. of Madhya Pradesh Undertaking) "D" Wing, 2nd Floor, Vindhyachal Bhawan, Bhopal - 462004 In consideration of ……………………. (hereinafter referred as the "Client", which expression shall, unless repugnant to the context or meaning thereof include it successors, administrators and assigns) having awarded M/s.______(hereinafter referred to as the "SQC (O&M)" which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue of Client's Contract Agreement No.______dated ______and the same having been unequivocally accepted by the SQC (O&M), resulting in a Contract valued at______for ______Contract (hereinafter called the "Contract") and the Client having agreed to make an advance payment to the SQC (O&M) for performance of the above Contract amounting to ______(in words and figures) as an advance against Bank Guarantee to be furnished by the SQC (O&M). We ______(Name of the Bank) having its Head Office at ______(here in after 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 Client immediately on demand any or, all monies payable by the SQC (O&M) to the extent of ______as aforesaid at any time up to ______[one year from submission of BG] without any demur, reservation, contest, recourse or protest and/or without any reference to the SQC (O&M). Any such demand made by the Client on the Bank shall be conclusive and binding notwithstanding any difference between the Client and the SQC (O&M) or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable till the Client discharges this guarantee. The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this Guarantee, from time to time to vary the advance or to extend the time for performance of the contract by the SQC (O&M). The Client 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 SQC (O&M) and to exercise the same at any time in any manner, and either to enforce or to forebear to enforce any covenants, contained or implied, in the Contract between the Client and the SQC (O&M) any
P a g e 78 | 79 Request for Proposal (RFP) for Supervision and Quality Control Consultancy of Operation & Maintenance (SQC (O&M)) of Multi-Village Schemes (MVS) – Project Implementation Unit (PIU), Tikamgarh other course or remedy or security available to the Client. The Bank shall not be relieved of its obligations under these presents by any exercise by the Client 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 Client or any other indulgence shown by the Client or by any other matter or thing whatsoever which under law would but for this provision have the effect of relieving the Bank. The Bank also agrees that the Client 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 SQC (O&M) and notwithstanding any security or other guarantee that the Client may have in relation to the SQC (O&M) liabilities. Notwithstanding anything contained herein above our liability under this guarantee is limited to ______and it shall remain in force up to and including ______and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/s. ______on whose behalf this guarantee has been given.
Dated this ______day of ______200______at______
______(signature)
______(Name)
______(Official Address)
______(Signature)
______(Name)
______
Designation (with Bank stamp)
Attorney as per Power of Attorney No. ______
Phone & Fax no. ______
Dated ______
Strike out, whichever is not applicable.
Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who issues the "Bank Guarantee”. Note 2: The bank guarantee shall be from a Nationalized Indian Bank, State Bank of India or its subsidiaries.
P a g e 79 | 79