Nagpur-Chandrapur PKG NC 1 & 2

MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION
CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER
FOR
CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER FOR

CONSTRUCTION OF NAGPUR-CHANDRAPUR ACCESS CONTROLLED
SUPER COMMUNICATION EXPRESSWAY IN THE STATE OF
MAHARASHTRA ON EPC MODE FOR:
i) Construction Package NC-01 from km 0+000 Seldoh Tq. Seloo to km 33+300 Lonhar Tq.
Samudrapur Dist. Wardha (Length- 33.300 km)
ii) Construction Package NC-02 from km 33+300 Lonhar Tq. Samudrapur Dist. Wardha to km
63+150 Borgaon Deshmukh Tq. Warora Dist. Chandrapur (Length- 29.850 km)
REQUEST FOR PROPOSAL (RFP)
March 2024
Maharashtra State Road Development Corporation Ltd.

Opp. Bandra Reclamation Bus Depot, Near Lilavati Hospital, KC Marg, Bandra (West), Mumbai - 400050.
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CONTENTS
Sr. No. Particulars Page Nos.
1 SECTION 1: Information to Consultants 3-7
2 SECTION 2: Letter of Invitation 8-19
SECTION 3: Format for Submission of Firms

3 Credentials 20-22
SECTION 4: Format for Submission

4 of Technical Proposal 23-33
SECTION 5: Format for submission

5 of Financial proposal 34-43
6 SECTION 6: Terms of Reference 44-60
7 SECTION 7: Draft Form of Contract 61-103
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Maharashtra State Road Development Corporation Request for Proposal for AE
REQUESTFOR PROPOSAL (RFP)

SECTION 1: INFORMATION TOCONSULTANTS
Sub.:
Consultancy Services for Authority’s Engineer for Construction of Nagpur-Chandrapur Access Controlled Super
Communication Expressway in The State of Maharashtra on EPC Mode for:
i) Construction Package NC-01 from km 0+000 Seldoh Tq. Seloo to km 33+300 Lonhar Tq.
ii) Construction Package NC-02 from km 33+300 Lonhar Tq. Samudrapur Dist. Wardha to km 63+150
Borgaon Deshmukh Tq. Warora Dist. Chandrapur (Length- 29.850 km)
GENERAL:-
1. The Maharashtra State Road Development Corporation (MSRDC) (the ‘Employer’) invites
proposals from eligible consultant for supervision by MSRDC for engaging Authority’s
Engineer (AE) on the basis of International Competitive Bidding for the following contract
package in the State of Maharashtra.
TABLE 1: DETAILS OF PROJECT
Sr. Consultancy AE State Project Project Length (Km) / Assignment Period

No. Package Package Stretch Project Cost (Cr.)
No.
1. 15 NC 01, Maharashtra km 0+000 63.15 Km/3337 Cr  Construction
NC 02 Seldoh TO Period: 30 Months
km  Maintenance
63+150 Period: 60 Months
Borgaon
Deshmukh
2. Selection of AE shall be as per selection procedures given in the Model Agreement for
Engineering Procurement and Construction. The selected AE shall be intimated to the
Contractor.
3. The proposal shall be submitted in English Language and all correspondence would be in
the same language.
4. MSRDC intends to appoint a Consultant to act as Authority’s Engineer for implementation

of this EPC project. As per the Terms and Conditions of the EPC Agreement (s), the
Authority’s Engineer shall perform all the duties as per TOR given in this RFP along with
any amendment thereof. The selection of Authority’s Engineer shall follow the laid down
procedures given in the Contract Agreement signed between Employer and Contractor.
5. The interested consultancy firms may download the RFP document from the official website
of the Employer (www.msrdc.in ) starting from 18.03.2024 to 02.05.2024. The Consultant
who download the RFP document from the website will be required to pay the non-
refundable fee of Rs.1,00,000/- inclusive of GST atthe time of the submission of the Bid
proposal, in the form of Demand Draft. The RFP will be invited through e-tendering
portal(http://mahatenders.gov.in)
6. The Applicant shall furnish as part of its Proposal, a bid security of 0.02% of the estimated
EPC Cost (Actual Value to be specified rounded to nearest Lakh) i.e. 66 Lakhs in the form of a
Bank Guarantee (as per the format specified in Appendix N of this RFP document) (the “Bid
Security”), valid for 45 days beyond the validity of the bid. The Bid submitted without Bid
Security will be summarily rejected. The Bid Security of the successful Bidder will be returned
when the Bidder has signed the Contract Agreement with the Employer and has furnished
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the required Performance Guarantee as specified in the document within 15 daysfrom the
receipt of the Letter of Acceptance.
The Bid Security will be forfeited:
(a) If a Bidder withdraws its bid during the period of bid validity. or
(b) If the Bidder fails to accept the Employer’s corrections of arithmetic errors in the
Bidder’s bid (if any), or
(c) If the Successful Bidder fails to sign the contract agreement with the Employer within
the prescribed period, or
(d) If the Successful Bidder fails to furnish the Performance Security with in the stipulated
time.
Unqualified Consultants would be informed regarding their non-qualification, without any

explanation and thereafter Bid Security would be returned unopened after the evaluation of
the financial proposal and signing the contract agreement with the successful bidder.
7. The proposal should be submitted by consultancy firms in two parts. The two parts of the
proposal are
(a) Part 1: Technical Proposal
(b) Part 2: Financial Proposal
For a given EPC Project, Stage -1 of the Evaluation shall consider the evaluation of the Technical
Proposal (i.e. Part 1). The firms scoring the qualifying marks (minimum 80%) as mentioned in
RFP shall only be considered for further evaluation. Under stage 2, the financial proposal of such
firms as selected above shall be opened and evaluated. Proposals will finally be ranked
according to their combined technical and financial scores as specified in clause 5 of section 2.
The first ranked Applicant shall be selected for negotiation (the “Selected Applicant”) while the
second ranked Applicant will be kept in reserve.
8. The total time period for the assignment as Authority’s Engineer will be of 30 Months for
Construction Period + 60 Months for Maintenance Period (with reduced man power).
9. Consultants may apply either as a sole firm or forming Joint Venture with other consultants.
In case of Joint Venture, the maximum number of Joint Venture partners is limited to 2 (i.e.
one lead + 1 JV partners). Formulation of more than one JV/association with different
partners for the same work is not allowed and all such proposal involving the firms shall be
treated as non-responsive. If the consultant submits bids as sole applicant and also in
JV/Association with another consultant, both bids shall be summarily rejected. No consultant
shall submit more than one bid.
10. The Applicant whether a sole applicant or lead member with joint venture(s) may include
an Associate company also. The applicant shall submit a Memorandum of Understanding
(MOU) with the Associate regarding the role and responsibilities of the Associate Company
along with the proposal. Maximum numbers of key personnel of the associate firm during the
RFP Proposal and implementation of contract is limited to 6.
Proposals by JV/Consortium: In case the applicant is a Joint venture / consortium it is to be

limited to two partners subject to Lead Partner satisfying the minimum eligibility Criteria.
11. Consulting firms meeting the following criteria are only eligible for applying for this assignment.
A. Eligibility criteria for sole applicant firm.

Sl. No. Experience of the firm in last 10 years Annual Turnover
Preparation of DPR Project Supervision/IC
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i) The firm should have The firm should have Annual turnover (updated
minimum experience of minimum experience of average of last 3 years) of
Feasibility Study / PMC/AE/IE /GC the firm from consultancy
DPR/Detailed design Construction supervision business should be equal
project of single project of single to or more than INR 100
bridge/viaduct/flyover of bridge/viaduct/flyover of Cr.
length 1.5km or more. length 1.5 km or more.
ii) The firm should have The firm should have

minimum experience of minimum experience of
Feasibility Study / DPR for PMC/AE/IE /Construction
construction of a single supervision for construction
access-controlled of a single access-controlled
expressway project of expressway project of 4/6/8
4/6/8 lane of length 35 lane of length 35 kms or
kms or more more
iii) The firm should have The firm should have
minimum experience of minimum experience of
Feasibility Study / DPR for PMC/AE/IE /Construction
construction of access- supervision for construction
controlled expressway of access-controlled
project of 4/6/8 lane of expressway project of 4/6/8
aggregate length of 65 lane of aggregate length of
kms or more 65 kms or more
B. Eligibility Criteria for partners in case of JV (not more than 1 JV partners shall be allowed) shall beas
under:
a) All the JV members shall fulfill the criteria requirements jointly.

b) Each JV member should independently meet all the criteria given above in 11 A. from serial
number (i) through (iii)
c) Lead Member should meet the minimum threshold for turnover criteria as given above
d) Other JV member should meet 30% of the turnover criteria as above.
e) Points (c) and (d) are to be considered as minimum eligibility requirement without which
the bid would be rejected
f) Key Personnel shall be made available by all the members of JV together.
g) Minimum equipment shall be made available by all the members of JV together.
Note: The weightage given for experience of a firm would depend on the role of the firm in the
respective assignments. The firm’s experience would get full credit if it was the sole firm in the
respective assignment. If the applicant firm has completed projects as JV with some other
firms, weightage shall be given as per the JV share 2. However if the applicant firm has executed
2F
the project as associate with some other firms, 25% weightage shall be given to the applicant
firm for the projects completed under such association.
12. Following enhancement factor will be used for the cost of services provided and for the turnover
from consultancy business to a common base value for works completed in India:
Year of completion of services / turnover Enhancement factor

Financial year in which RFP invited 1.00
One year prior to RFP 1.05
Two year prior to RFP 1.10
Three year prior to RFP 1.15
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Applicant should indicate actual figures of costs and amount for the works executed by them without
accounting for the above mentioned factors.
In case the financial figures and values of services provided are in foreign currency, the above
enhancement factors will not be applied. Instead, current market exchange rate (State Bank of India
BC Selling rate as on last date of submission of the bid) will be applied for the purpose of conversion
of amount in foreign currency into Indian Rupees.
13. Consultants (sole firm or lead firm and any of the JV partners) may apply for one or more packages,
however the consultants shall be awarded maximum of one package if he satisfies (individually or in
JV) all the qualifying criteria as per RFP.
14. Consultants (sole firm or lead firm and any of the JV partners) who have been debarred by MSRDC
or any other central/state government organization and the debarment is in force as on last date of
submission of proposal, need not apply as their RFP proposal will not be entertained. Also the
Consultant who has worked as a DPR consultant for Construction of Nagpur-Chandrapur Access
Controlled Super Communication Expressway for shall not be eligible to bid for the same package for
which they worked as DPRConsultant. The Consultant who worked as Nodal Consultant for Nagpur-
Chandrapur Access Controlled Super Communication Expressway shall not be eligible to bid for any
package.
15. The Firm /Bidder or consortium (any member in case of JV) should not be debarred/ blacklisted/
banned from tendering during the last 3 years by any Central / State government department /
Ministries / public sector undertaking / other government entity / any other Organization (100%
owned by Govt.) or any multilateral financial institution such as World Bank, ADB, AIIB etc. To
determine the aforesaid eligibility, Only the Firm /Bidder or its JV partner who is currently serving or
has served the full tenure of such debarment/ blacklisting/ in the last 3 years shall not be allowed to
bid for this work.
16. Also no contract of the tenderer should have been rescinded / terminated by Central or State Govt.
Department / Public Sector Undertaking / Other Govt. entity after award during last 3 years due to
non-performance of the tenderer or any of JV/Consortium members.
17. Only firms that are registered or incorporated in India are eligible to compete. A subsidiary company,
registered / incorporated in India may utilize the financial and technical credentials of their
parent/holding company having 90% share in the subsidiary company. In such cases the subsidiary
company should have been incorporated in India for a minimum period of 5 years.
18. Employer will not be responsible for any delay, loss or non-receipt of RFP document sent by
post/courier. Further, Employer shall not be responsible for any delay in receiving the proposal and
reserves the right to accept/reject any or all applications without assigning any reason thereof.
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For weightage of experience in any past Consultancy assignment, experience certificate from the client shall be
submitted. In absence of clear demarcation of JV share in client certificate, the weightage will be treated as 60 % for
lead partner and 40% for minor partner. Annual turnover duly certified by Chartered Accountant shall beaccepted. In case
of non-availability of such documents no weightage of turnover/experience will be considered.
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19. The two parts of the Proposal (Technical proposal and financial proposal) must be submitted on-line with
all pages numbered serially, along with an index of submission as per procedure under e- tendering. The
technical proposal is also required to be submitted in a hard bound form exactly as per submission made
online with all pages numbered serially along with an index of submission. (Hard bound implies binding
between two covers through stitching or otherwise whereby it may not be possible to replace any paper
without disturbing the documents). Spiral bound form, loose form, etc. will be not accepted. The Financial
proposal is to be submitted online only. Submission in any other form shall not be acceptable. In the event,
any of the instructions mentioned herein have not been adhered to, the Employer may reject the Proposal.
20. Employer will be at liberty to keep the credentials submitted by the Consultants at bidding stage,
in public domain and the same may be uploaded by Employer on Employer’s web-site. Consultants
should have no objection if Employer uploads the information pertaining to their credentials as well
as of their key personnel.
21. The individual key personnel proposed in the bid by the consultants or any replacement thereof
should undertake that they shall have no objection in uploading/hoisting of their credentials by
Employer in public domain.
22. RFP submission must be received not later than 14.00 Hrs on 02.05.2024 in the manner specified in
the RFP document at the address given below.
23. A Nodal Authority Engineer will be appointed to monitor and supervise the work of Authority Engineers
who are selected package wise. Tender for selection of Nodal Authority Engineer will be floated
separately.
Address of Employer:
Chief Engineer
Opp. Bandra Reclamation Bus Depot, Near Lilavati Hospital,
KC Marg, Bandra (West), Mumbai - 400050.
Maharashtra
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SECTION 2. LETTER OF INVITATION TO CONSULTANTS
1 INTRODUCTION
1.1 Bids are invited from consulting firms either as a sole firm/ joint venture with other consultant
willing to act as AE to submit a proposal for providing consulting services required for the
assignment named in the attached Letter of Invitation. Your proposal could form the basis for future
negotiations and ultimately a contract between your firm and the Employer.
1.2 A brief description of the assignment and its objectives are given in the Terms of Reference (TOR).
1.3 The assignment shall be implemented in Construction Period (30 Months) and Maintenance Period
(60 Months).
1.4 This RFP is neither an agreement nor an offer by the Authority to the prospective Applicants or any
other person. The purpose of this RFP is to provide interested parties with information that may be
useful to them in the formulation of their Proposals pursuant to this RFP. This RFP includes
statements and assumptions, which reflect various assessments arrived at by the Authority in
relation to the Consultancy. Such assessments and statements do not purport to contain all the
information that each Applicant may require. The information contained in this RFP, may not be
complete, accurate, adequate or correct. Each Applicant should, therefore, conduct its own
investigations about the assignment and the local conditions before submitting the proposal by
paying a visit to the Client and the project site, sending written queries to the client, before the date
and time specified in the Data Sheet.
1.5 Please note that (i) the costs of preparing the proposal and negotiating for the contract, including
a visit to site, are not reimbursable as a direct cost of assignment and (ii) Employer is not bound to
accept any of the proposals received by it and reserves the right to annul the selection process at
any time prior to contract award, without thereby incurring any liability to the Consultants.
1.6 Consultant have an obligation to disclose any situation of actual or potential conflict that impacts
their capacity to serve the best interest of their Client, or than may reasonably be perceived as
having this effect. Failure to disclose said situations may lead to the disqualification of the
Consultant or the termination of its Contract and/or any other action as deemed fit by the Authority
at any stage.
The Consultant who has worked as a DPR consultant for Nagpur-Chandrapur Access Controlled
Super Communication Expressway shall not be eligible to bid for the same package for which they
worked as DPR Consultant. The Consultant who worked as Nodal Consultant for Nagpur-Chandrapur
Access Controlled Super Communication Expressway shall not be eligible to bid for any package.
1.7 It is the Employer’s policy that the Consultants observe the highest standard of ethics during the
selection and execution of such contracts. In pursuance of this policy, the Employer:
(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 or 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
Consultants with or without the knowledge of the Client, 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 Consultant 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, either indefinitely or for a stated period of time, to be awarded
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a contract if it at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for, or in executing, a contract; and
(d) will have the right to require that a provision be included requiring Consultants to permit the
Employer to inspect their accounts and records relating to the performance of the contract
and to have them audited by authorized representatives of Employer
1.8 Consultants, their JV partner, their Sub-Consultants, and their associates shall not be under a
declaration of ineligibility for corrupt and fraudulent practices. Furthermore, the Consultants
shall be aware of the provisions on fraud and corruption stated in the specific clauses in the
General Conditions of Contract.
1.9 Consultants shall furnish information on commissions and gratuities, if any, paid or to be paid to
agents relating to this proposal and during execution of the assignment if the Consultant is
awarded the Contract, in the Financial Proposal.
1.10 The Data Sheet indicates how long Consultants’ Proposals must remain valid after the
submission date. During this period, Consultants shall maintain the availability of Professional
staff 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 Consultants to
extend the validity period of their proposals. Consultants who agree to such extension shall
confirm that they maintain the availability of the Professional staff nominated in the Proposal,
or in their confirmation of extension of validity of the Proposal, Consultants could submit new
staff in replacement, who would be considered in the final evaluation for contract award, in
case consultant is unable to maintain Professional Staff nominated in the proposal.
2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS
2.1 The Consultants may request a clarification of any of the RFP documents up to the number of
days indicated in the Data Sheet before the Proposal submission date. Any request for clarification
must be sent in writing by paper mail, facsimile, or electronic mail to the Client’s address indicated in
the Data Sheet. The Client will respond by cable, facsimile, or electronic mail to such requestsand
will send copies of the response (including an explanation of the query but without identifying the
source of inquiry) to all Consultants who have purchased the RFP document.
Clarification/amendment will also be hosted on Employer’s web-site.
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 Consulting firm, modify the RFP
documents by amendment. Any amendment shall be issued in writing through addendum.
Addendum may be sent by mail, cable, telex, facsimile or electronic mail to Consultants or/and
will be hosted on Employer’s website which will be binding on them. The Client may at its
discretion extend the deadline for the submission of Proposals.
3. PREPARATION OFPROPOSAL
3.1 Consultants are requested to submit your proposal in Two Parts strictly using the formats
enclosed herewith (refer section 3, 4 and 5) in 2 separate envelopes/ packages and put together
in one single outer envelope/package. The two parts shall be:
 Part 1: Technical Proposal.
 Part 2: Financial Proposal.
The proposal shall be written in the English language as specified in the Data Sheet. All pages of
the Proposal shall be signed by an authorized representative. The representative’s authorization
shall be confirmed by written Power of Attorney duly notarized to be submitted with the proposal.
In case of JV or inclusion of Associate Company, a MoU indicating the specific Projects, input and
role of each Partner etc. shall be submitted with the proposal.
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Part 1: Technical Proposal
3.2 You are expected to examine all terms and conditions included in the documents. Failure to
act or to provide all requested information will be at your own risk and may result in rejection of your
proposal.
3.3 During preparation of the Technical proposal you may give particular attention to the following :
i. The man-months for the assignment shall be that stated in the Terms of Reference. The same
shall be considered for the purpose of evaluation as well as award. In case the man months
of TOR are amended in view of Client’s own initiative or in response to clarification sought by
any Consulting firm, the man months so amended and published shall be considered for the
purpose of evaluation as well as award.
ii. The Consultants should prefer to field as many of their permanent staff as possible. At least 20%
of the Key personnel shall be on permanent pay roll. The permanent staff would be considered
those alreadyemployed with the firm prior to one year from the month during which this
Tender Notice isissued. Applicant shall submit the details of the period of employment of the
proposed personnel with the firm.
iii. No alternative to key professional staff may be proposed and only one Curriculum Vitae
(CV) may be submitted for each position and
iv. A good working knowledge of the language specified in the data sheet is essential for key
professional staff on this assignment. Reports must be in the language (s) specified in the data
sheet
3.4 Your Technical Proposal must provide the following information, using but not limited to the
formats attached in the Section 3 &4.
i. A brief description of the firm’s organization and an outline of recent experience of the
Consultants and, in the case of Joint Venture, for each partner, on assignments of a similar
nature. The information which you shall provide on each assignment should indicate, inter-
alia, the profiles of the staff provided, duration, contract amount and firm’s involvement.
The details of assignments on hand shall also be furnished by the consultant and their JV
partner, separately.
ii. Any comments or suggestions on the ToR and a description of the methodology (work plan)
which the firm proposes to execute the services, illustrated with bar charts of activities.
iii. The composition of the proposed staff team, the tasks which shall be assigned to each
and their timing;
iv. Requirement for submission of CVs.
a. CVs strictly in the prescribed format and recently signed in blue ink on each page by
both the proposed professional staff and the Managing Director/Head or the
authorized representative of the firm.
b. Key information should include years with the firm and degree of responsibility held
in various assignments. In CV format, at summary, the individual shall declare his
qualification & total experience (in years) against the requirements specified in TOR
for the position (Ref. Enclosure-B of TOR). If any information is found incorrect, at
any stage, action including termination and debarment from future projects up to 2
years may be taken by Employer on the personnel and the Firm.
c. If same CV is submitted by two or more firms in an assignment, zero marks shall be
given for such CV. Key personnel has to certify in their CV that he has not consented
to any consultant other than the applicant to propose their CV for any position for
this assignment. In case the key personnel is found having given consent to more
than one bidder, he shall be debarred by the Employer for 2 years.
d. All the CVs which are to be evaluated should be complete in all respects including
signing and certification by the individual and the firm.
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e. If a CV score less than 75% marks, whatever marks it score will be carried forward for
maximum 3 nos key personnel for determining the total score of the firm. However,
if the Key Personnel does not fulfill the minimum academic qualification (as
mentioned at Enclosure-B of TOR of RFP), the overall score of his CV will be evaluated
as zero. If the Key Personnel does not fulfill the minimum qualification related to
experience (as mentioned at Enclosure-B of TOR of RFP), then zero marks will only
be assigned for that sub criteria, but the marks obtained by the CV of the Key
Personnel will be carried forward for maximum 3 nos key personnel for determining
the total score of the firm. In case, a firm is H-1, then all such Key Personnel (whose
CV scores less than 75% or who does not fulfill the minimum qualification) will have
to be replaced by the firm at the time of contract negotiations by persons scoring at
least 75% marks. The reduction in remuneration of such replacements shall be 5%,
10% and 15 % for 1st replacement, 2nd replacement and 3rd replacement
respectively. In case more than 3 CV scores less than 75% marks or Team leader cum
Highway Engineer scores less than 75% marks, the proposal shall be considered non-
responsive. During negotiation, Key Personnel will be required to produce certificate
regarding qualification and experience. However, the officials retired from MSRDC
may be exempted from producing the experience certificate.
v. Deployment Schedule for each key personnel should be formulated and incorporated in the
Technical Proposal which will be reviewed on quarterly basis.
vi. Estimates of the total time effort (person x months) to be provided for the services,
supported by bar chart diagrams showing the time proposed (person x months) for each
professional staff and sub professional staff.
vii. A certification to the effect should be furnished by the Consultant that they have checked the
qualifications and experiences details submitted by the key personnel in their CVs and found
to be correct. This certification should be made in CVs of all key personnel after the
certification by the candidate. The format of CV includes certification to this effect.
viii. Each key personnel of the preferred Consultant shall be called for interview at the time of
negotiation at the cost of Consultant.
ix. Replacement of key personnel shall be considered only in unavoidable circumstances. In no
case more than two replacements of key personnel shall be permitted during negotiation
and in such cases Consultant and such key personnel shall have to submit affidavit to the
effect that during the period of assignment specified in para 8 of Section:1, the replaced key
personnel shall not be professionally employed anywhere in Employer’s works. Employer
shall not further consider CV of such key personnel directly or indirectly for any of its projects for
this period. The reduction in remuneration of such replacements shall be 5% and 10% for1st
replacement and 2nd replacement respectively within validity period of bid. In case during
negotiations held within validity period of bid, more than two replacements are sought by
the H-1 consultant, his proposal shall be considered as Non-Responsive. In such case the
combined score of remaining technically qualified firms, meeting the non-conflict condition
shall be evaluated to arrive at new H-1. In case during interaction with the key personnel at
the time of negotiation it is found that the key personnel proposed is un- suitable for the
assignment position, his replacement by equivalent or better shall be provided by the
consultant. The key personnel with such un-suitable CV shall not beconsidered in any future
bids for that position for two years. No deduction for such replacement who are not found
suitable during interaction shall be made. In the eventuality that a firm becomes non-
responsive, for the third time, due to the action of replacements ofmore than 2 key personnel
during negotiation, the firm and its constituent JV partners and Associates shall be debarred
up to one years for Employer’s consultancy projects.
x. Any additional information.
3.5 The technical proposal must not include any financial information.
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Part 2: Financial Proposal
3.6 Your Financial Proposal must be strictly using the formats attached in Section 5. No additional
items/quantities other than that specified in the formats should be proposed by the Consultants
since the same shall not be considered for the evaluation/award. Consultants shall be paid billing
rates for services rendered by the personnel of all categories namely (i) key Personnel; (ii) sub-
Professional personnel and (iii) Support staff on man-month wise. For calculating billing rates of
remaining items of the financial proposal, namely (i) transportation, (ii) Duty travel to site (iii)
Office Rent, (iv) office supplies communication etc. (v) reports & document printing and (vi)
survey equipment etc. quoted amount of selected consultant will be converted to percentage of
civil work cost quoted by civil contractor and payment will be made in proportionate to the
financial progress of the civil work.
3.7 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
Consultants, the sub-consultants, and their personnel (other than nationals or permanent
residents of the government’s country); unless the Data Sheet specifies otherwise. This cost,
however, will not be considered in evaluation.
3.8 Consultants may express the price of their services in the Indian Rupees only.
3.9 GST as applicable shall be paid to the consultant while making payment for services rendered.
The Consultants shall then deposit the same with the tax authorities and provide a proof of having
done so within next 90 days in line with policy circulars issued by Employer. Employer shall pay
only the GST.
4. SUBMISSION, RECEIPT ANDOPENING OF PROPOSALS
4.1 PREPARATION & SUBMISSION OF APPLICATIONS:
i. Detailed RFP may be downloaded from E-tendering portal of Employer and the Application may be
submitted online following the instructions appearing on the screen.
ii. The following shall be the form of various documents in the Application:
A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)
(a) Technical proposal as indicated in para ‘B’ below

(b) Financial proposal as per format prescribed in SECTION-5 OF RFP.
B. Hard copy in Original (identical to proposal sto be submitted in Sealed Envelope and also Electronic
form to be uploaded on the E-tendering portal of Employer
(I) Technical Proposal in Hard Bound Form including

(a) Power of Attorney for signing the Application
(b) If applicable, the Power of Attorney for Lead Member of JV;
(c) Copy of Memorandum of Understanding between JV partners, if applicable;
(d) Copy of Memorandum of Understanding with Associate, if applicable
(e) Firm’s credentials as per format prescribed in SECTION-3 OF RFP.
(f) Technical proposal as per format prescribed in SECTION-4 OF RFP.
(II) Cost of RFP of Rs. 1,00,000/- inclusive of GST (Rupees One Lakh inclusive of GST)
in the form of demand draft in favour of “Chief Accounts and Finance Officer,
Maharashtra State Road Development Corporation Ltd.” payable at Mumbai;
(III) Bid Security (for the amount given in section 1 of this document) in the form of a Bank
Guarantee and the format ecified in this document and
(IV) Application processing fee as applicable shall be paid to the Service provider of E-
tendering portal.
iii. The Applicant shall submit the original documents specified above in point no.4.1 (ii) B together with
12
their respective enclosures and seal it in an envelope and mark the envelope as “Technical Proposal”
for the Project for which proposal is submitted and name and address of the Applicant. The envelope
must be clearly marked “DO NOT OPEN, EXCEPT IN THE PRESENCE OF THE EVALUATION
COMMITTEE”. In addition, the Application due date should be indicated on the right hand corner of the
envelope. The original documents should be submitted before 14.00 Hrs. Indian Standard Time on
the Application due date i.e. on 02.05.2024 , at the below mentioned address in the manner and form
as detailed in the RFP. A receipt thereof should be obtained from the below mentioned person.
(Address of Employer’s Representative :)

Chief Engineer
Maharashtra
iv. The Applicant shall upload scanned copies of the Technical Proposal and Financial Proposal as specified in
point nos. 4.1 (ii) A & B above on the E-tendering portal of Employer before 14.00 Hrs Indian Standard
Time on the Application due date. Hard copy of the documents as specified in point nos.
4.1 (ii) B above only is required to be submitted. Financial Proposal is to be submitted On-line only and
no hard submission is to be made. In the event of any discrepancy between the original and the copy
(in electronic form), the original shall prevail.
4.2 Modification / Substitution/ Withdrawal of bids:
(i) The Bidder may modify, substitute or withdraw its e- bid, prior to the Bid Due Date. No Bid shall be
modified, substituted or withdrawn by the Bidder on or after the Bid Due Date.
(ii) Any alteration/ modification in the Bid or additional information supplied subsequent to the Bid Due
Date, unless the same has been expressly sought for by the Employer, shall be disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering portal and upload
/ resubmit digitally signed modified bid.
(iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering portal and can withdraw
its e-bid.
(v) Before withdrawal of a bid, it may specifically be noted that after withdrawal of a bid for any reason,
bidder cannot re-submit e-bid again.
4.3 OPENING ANDEVALUATION OF APPLICATIONS:
(i) Opening of Proposals will be done through online for Financial Proposal and both online and
manually for Technical Proposal.
(ii) For participating in the tender, the authorized signatory holding Power of Attorney shall be
the Digital Signatory. In case the authorized signatory holding Power of Attorney and Digital
Signatory are not the same, the bid shall be considered non- responsive.
The Employer shall open Envelope containing Technical Proposal received as mentioned in point nos.
4.1 (ii) B at 15.30 Hrs Indian Standard Time on 03.05.2024 in the presence of the Applicants who
choose to attend. The Employer will subsequently open the Technical Proposal as mentioned in point
no.4.1 (ii) A (a) above and evaluate the Applications in accordance with the provisions set out in the RFP.
(iii) The Financial Proposal 4.1 (ii) A (b) will be opened of the short listed applicants who qualify for
financial opening as per RFP. The date of opening of Financial Proposal will be notified later
on.
13
5 PROPOSAL EVALUATION
5.1 A two -stage procedure shall be adopted for evaluating the proposals.
5.2 Deleted
Technical Proposal
5.3 The Evaluation Committee appointed by the Employer shall carry out its evaluation applying
the evaluation criteria and point system specified in the data sheet. Each responsive proposal shall
be attributed a technical score (ST.) Only those Applicants whose Technical proposal score 80 marks
or more out of 100 shall qualify for further consideration. However, if the number of such pre-
qualified applications is less than two, the Employer may, in its sole discretion, pre-qualify the
applicant(s) whose technical score is less than 80 marks.
Financial Proposal
5.4 After the evaluation of Technical Proposals is completed and the shortlist of firms is finalized, the
Employer may notify those Consultants whose proposals were not considered as per conditions of RFP.
The Employer shall simultaneously notify the shortlisted firms indicating the date and time set for
opening of the Financial Proposals.
5.5 The Financial Proposals shall be opened publicly in the presence of the Consultants’ representatives
who choose to attend. The name of the consultant, the technical scores, and the proposed prices
shall be read aloud and recorded when the Financial Proposals are opened. The Client shall prepare
minutes of the public opening.
5.6 The Evaluation Committee will determine whether the submitted Financial Proposals are complete
(i.e. whether they have included cost of all items of the corresponding proposals; if not, then the cost
towards such missing items will be considered as NIL, but the Consultant shall, however, be required
to carry out such obligations without any additional compensation.) and without computational error.
In case under such circumstances, if Client feels that the work cannot be carried out within the overall
cost as per the submitted financial proposal, such proposals shall be considered non responsive.
5.7 The lowest financial proposal (F M) will be given a financial score (SF) of 100 points. The financial
scores of other proposals will be computed as follows:
SF= 100 x FM/F (F= amount of financial proposal)
5.8 Proposals will finally be ranked according to their combined technical (ST) and financial (SF) scores
as follows:
S= ST X Tw+SF X Fw
Where S is the combined score, and Tw and Fw are weights assigned to Technical Proposal and
Financial Proposal that shall be 0.80 and 0.20 respectively.
5.9 The selected Consultant shall be the first Ranked Applicant (H-1, having the highest combined score).
The second ranked applicant (H-2) shall be kept in reserve and may be invited for negotiation in case
the first ranked Applicants withdraws, or fails to comply the requirements specified in this
document. In the event the proposals of two or more Consultants have the same scores in the
final ranking, the proposal with the highest technical score should be ranked first.
6 NEGOTIATIONS
6.1 Prior to the expiration period of validity of proposal, the Employer shall notify the successful firm
who submitted the highest scoring proposal in writing by registered letter or facsimile and may either
issue LOA if negotiations are not required or may invite it to negotiate the contract. In case two
or more firms obtain same score, the firm achieving the highest Technical score shall be invited first
for negotiations.
6.2 Negotiations normally take one to two days. The aim is to reach agreement on all points, and initiala
draft contract by the conclusion of negotiations
6.3 In case of 1st round of negotiation is not held within 180 days from the Bid Receipt Date due to
reasons attributable to Employer, the selected consultant (H-1) shall be permitted for replacement
up to a maximum of 50% key personnel with key personnel of equivalent or better qualifications
without considering the same as replacement and without any deduction. However, for avoidance
14
of doubt, it is clarified that replacement of key personnel whose CV has scored less than 75% marks
shall continue be considered as replacement as per para 3.4.(iv) (f).
6.4 Negotiations shall commence with a discussion of your technical proposal, the proposed
methodology (work plan), staffing. Agreement must then be reached on the staffing and bar charts,
which shall indicate activities, staff, periods in the field and in the home office, staff months, logistics
and reporting. Special attention shall be paid to optimize the required outputs from the firm within
the available budget and to define clearly the inputs required from the Employer to ensure
satisfactory implementation of the assignment.
6.5 It is the responsibility of the Consultant, before starting financial negotiations , to contact the local
tax authorities to determine the local tax amount to be paid by the Consultant 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 manner in which it will be reflected in the Contract; and will reflect the agreed
technical modifications in the cost of the se rvic es.
6.6 Having selected a firm, among other things, on the basis of an evaluation of proposed key professional
staff, the Employer’s expects to negotiate, a contract on the basis of the staff named in the proposal
and, prior to contract negotiations, will require assurance that this staff shall be actually available.
6.7 Replacement of key personnel shall be considered only in unavoidable circumstances. In no case more
than two replacements of key personnel shall be permitted during negotiation. The reduction in
remuneration of such replacements shall be 5% and 10% for 1st replacement and 2nd replacement
respectively within validity period of bid. In case during negotiations held within validity period of
bid, more than two replacements are sought by the H1 consultant, his proposal shall be considered
as Non-Responsive. In such case the combined score of remaining technically qualified firms, meeting
the non- conflict condition shall be evaluated to arrive at new H1. In case during interactionwith the
key personnel at the time of negotiation it is found that the key personnel proposed is un- suitable
for the assignment position, his replacement by equivalent or better shall be provided by the
consultant. The key personnel with such un-suitable CV shall not be considered in any future bids
for that position for two years. No deduction for such replacement who are not found suitable during
interaction shall be made. In the eventuality that a firm becomes non- responsive, for the third time,
due to the action of replacements of more than 2 key personnel during negotiation, the firm and its
constituent JV partners and Associates shall be debarred up to one year for Employer’s consultancy
projects.
6.8 Each key personnel of the preferred consultant shall be called for interview at the time of negotiation
at the cost of the Consultant. The negotiations shall be concluded with a review of the draft form of
Contract. The Employer and the firm will finalize the contract to conclude negotiations
7 AWARD OF CONTRACT
7.1 After completion of negotiations with the Consultants, the Client shall award the Contract to the
selected Consultant.
7.2 The successful firm with whom the contract is signed is expected to commence the assignment
on the date and at the location specified in the data sheet.
15
DATASHEET
(As Mentioned in Letter of Invitation to Consultants)
Sub clause No. in Letter of Invitation to Consultants

1.1 Pre-Proposal Conference shall be held at: Employers office at 11.30 Hrs on 05.04.2024 .
1.2 The proposal shall be valid for 120 days after the last date of submission.
1.3 Clarification may be requested 7 days prior to Pre Proposal Conference. The address for
requesting clarification is:
Address of Employer’s Representative:

Chief Engineer
Maharashtra
1.4 The Language of documents and correspondence will be English. All the personnel shall have
working knowledge of English and all the reports etc. shall be written in English.
1.5 Employer shall pay only GST. Consultant has to assess all other taxes and shall inbuilt them in their
financial proposal. These taxes (other than GST) shall not be paid separately.
1.6 Consultants are requested to consult tax consultants for details. The Consultants to state all cost
in Indian Rupee only.
1.7 The time and date of submission: On or before 02.05.2024 upto 14.00 Hrs..
1.8 The points assigned toTechnical Evaluation criteria are:
Table-1: Evaluation Criteria for Technical Proposal

Sr. Description Points
No. Break up
1 Firms Relevant Experience in last 10 years 30 details given
below
2 Adequacy of Approach and Methodology 20
4 Qualification and Relevant Experience of theProposed 50

Key Personnel
Total 100
The weightage points given to evaluation sub-criteria for qualifications and competence of key staff are asunder in
Table -2:
Table-2: Weightage Points for Key Professionals
Description Weight (%) Break
Up
General Qualification 25 Details
Relevant Experience and Adequacy for the Project 70 Given below
Employment with the Firm 5
Total 100
The number of points to be given under each of the evaluation criteria are as below:-
I. Firms relevant experience in last 10 years (preceding financial year 2022-2023) - 30 points
16
(a) Average annual turnover for last three years Points
Annual turnover (updatedaverage of last 3 years) of the firm from 5

consultancybusiness should be equal to or more than INR 100 Cr.
Total 05 Points
(b) Experience of consultancy related Assignments 25 Points
(i) Feasibility Study / DPR/ Detailed design project of single 2

bridge/viaduct/flyover in last 10 years
1.5 km length 1
Over 1.5 km length 2
(ii) PMC/AE/IE /GC/ Construction supervision project of single 3

bridge/viaduct/flyover in last 10 years
1.5 km length 1
1.5 km to 3 km length 2
Over 3 km length 3
(iii) Feasibility Study / DPR for construction of a single access- 5

controlled expressway project of 4/6/8 lane in last 10 years.
Length 35 km 1
Length 35 km to 50 km 3
Over 50 km 5
(iv) PMC/AE/IE /Construction supervision for construction of a single 5

access-controlled expressway project of 4/6/8 lane in last 10
years.
Length 35 km 1
Length 35 km to 50 km 3
Over 50 km 5
(v) Feasibility Study / DPR for construction of access-controlled 5

expressway project of 4/6/8 lane of aggregate length in last 10
years
17
65 km length 1
65 to 105 km length 3
Over 105 km length 5
(vi) PMC/AE/IE /Construction supervision for construction of access- 5

controlled expressway project of 4/6/8 lane of aggregate length
in last 10 years
65 km length 1
65 to 105 km length 3
Over 105 km length 5
NOTE: For the above criteria Only Projects completed or

substantially completed shall be considered for evaluation.
Substantially completed projects are those with over 80%
completion on the date of submission.
Certificates of private client shall not be considered.
For weightage of experience in any past Consultancy assignment,
experience certificate from the client shall be submitted. In
absence of clear demarcation of JV
share in client certificate, the weightage will be treated as 60 % for
lead partner and 40% for minor partner
Certificates of private client shall not be considered.
II. Adequacy of the proposed work plan and methodology in responding to the TOR Sub criteria: 20 Points
a. Site Appreciation 2.5
b. Comments on TOR 2.5
c. Team Composition and Task assignment 2.5
d. Methodology 12.5
III. Qualification and competence of the key staff for adequacy of the Assignment: 50 Points
The weightage for various key staffs is as under:
Sr. Key Points
No. Personnel
1. Team Leader 10
2. Resident Engineer (Highways) (2 Nos) 10
3. Resident Engineer ( Bridge/Structure) 4
4. Highway Design cum Pavement Specialist 4
5. Bridge/ Structural Design Engineer 4
6. Sr. Contract Specialist 4
7. Senior Quantity Surveyor 4
8. Sr. Quality cum Material Engineer 4
9. Environmental Expert 3
18
10. Road Safety Expert 3
The technical proposal should score at least 80 marks to be considered responsive for financial evaluation.
In case of JV;
a) All the JV members shall fulfill the criteria requirements jointly.
b) Each JV member should independently meet all the criteria given above 1.8 I (b) from serial number
(i) through (vi)
c) Lead Member should meet the minimum threshold for turnover criteria as given in 1.8 I (a)
d) Other JV member should meet 30% of the turnover criteria as given in 1.8 I (a)
e) Points (c) and (d) are to be considered as minimum eligibility requirement without which the bid
would be rejected
f) Key Personnel shall be made available by all the members of JV together.
g) Minimum equipment shall be made available by all the members of JV together.
1.9 Commencement of Assignment: The firm shall begin carrying out the services within one month of signing
of the Consultancy Agreement.
Note: Consultants (sole firm or lead firm and any of the JV partners) may apply for one or more
packages, however the consultants shall be awarded maximum of one package if he satisfies
(individually or in JV) all the qualifying criteria as per RFP.
19
SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS
The proposal shall contain the following information in enclosed format attached at Appendix A.
 Year of Establishment of Firm
 Average annual turnover (last three years)
Note: The Firm shall submit Certificate of Incorporation and audited balance sheet for the last three years (FY
2020-2021, FY 2021-2022 and FY 2022-2023). For claiming experience of Highway projects, completion
certificate from employer should be enclosed. The proposal should also contain the details of the key
personnel viz. their name, qualification, expertise area, experience and years of association with the firm.
Appendix A
The following information related to the firm should be provided in the proposal.
i. Name of the package applied for:-
ii. Year of establishment of firm *
Consultant Year of Country Type of Organization
Establishment
Individual Partnership Corporation Other
Individual / Lead
Partner (of JV) /
Minor Partner of
JV/Associate
NOTE: - Year of Establishment of Lead Partner of JV shall be considered. *Copy of Certificate of

incorporation shall be submitted.
iii. Office/Business Address/Telephone nos. /Cable Address.

iv. Narrative description of firm (Not more than 2 sheets)
v. Name of two (2) principals who may be contacted with title and telephone number/fax
number/e-mail.
vi. Financial Statement of the last three years.
Sl. No. Particular 2022-2023 2021-2022 2020-2021

i. Annual turnover from Consulting
business
ii. Total Assets
iii. Current Assets
 Balance Sheet/ Auditor Certificate of last 3 years (2020-21, 2021-22 and 2022-23) shall be
submitted as evidence of Annual Turnover**
**the amount shall be stated in INR. (Consider 1US Dollar = INR 83.00 and 1 Euro = INR 89.00.)
 The currency conversion rate for the respective years shall be mentioned for other international
currencies.
vii. Experience as Independent Consultant/Construction supervision.
20
S No Projects Name / Type of Length of Project ( Client (with Total Fee for Fee received % age of Approx. Period
Year Services kms ) complete address the Consultancy by Applicant total fee Cost of
Rendered , contact Assignment ( in case received Highway
person, (INR) of JV / by the Project
Sole Consultant / telephone No Association) firm
Prime Consultant s. And Fa x
of JV / minor Nos.)
Consultant of JV /
as Associate
Consultant
1 2 3 4 5 6 7 8 9 10
A. Completed / Substantially completed projects:

1.
2.
3.
B. Projects in progress:
1.
2.
3.
viii. Experience in DPR/ Feasibility Study cum Preliminary Design Report preparation.
S No Projects Name / Year Type of Services Length of Client (with Tot a l Fe e for the Fee received by % age of tot al Period
Rendered Project (kms) complete address , Consultancy Applicant fee received by
contact Assignment (INR ) ( in case of the firm
Sole Consultant / Prime person , JV / Association)
Consultant of JV / Minor telephone
Consultant of JV / Nos. And Fax Nos.)
/ as Associate Consultant
1 2 3 4 5 6 7 8 9
21
Note:
a) Only those projects, to be included in the table for which clients certificates from the
concerned Government agencies are enclosed with the proposal.
b) The weightage given for experience of a firm would depend on the role of the firm in the
respective assignments. The firm’s experience would get full credit if it was the sole firm in
the respective assignment. If the applicant firm has completed projects as JV with some other
firms, weightage shall be given as per the JV share. However if the applicant firm has executed
the project as associate with some other firms, 25% weightage shall be given to the applicant
firm for the projects completed under such association
c) For weightage of experience in any past Consultancy assignment, experience certificate from
the client shall be submitted. In absence of clear demarcation of JV share in client certificate,
the weightage will be treated as 60 % for lead partner and 40% for minor partner. Annual
turnover duly certified by Chartered Accountant shall be accepted. In case of non-availability
of such documents no weightage of turnover/experience will be considered.
ix. Assignments on hand including those for which the Letter of Acceptance from the clients
received as on 7 days prior to due date for submission of proposals: The details shall be
given in the following format.
Sr.No Name of Client Role of the firm Date of Date of Present status Team Members provided by
Assignment letter of Agreement of Assignment the firm
Sole, Lead/ Acceptance if signed
Other in JV or
sub-consultant
Name DOB Position
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
22
SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL
Appendix B-1 Technical proposal submission form.
Firm’s comments and suggestions on the Terms of Reference and on

Appendix B-2 data, services, and facilities to be provided by the Employ
Approach paper on methodology and work plan for performing the

Appendix B-3 assignment.
Appendix B-4 Composition of the Team and Task(s) of each Team member
Appendix B-5 Curriculum vitae of proposed Professional staff.
Appendix B-6 Time schedule for deployment of Professional staff
Appendix B-7 Activity(works) schedule.
Appendix B-8 Affidavit for correctness of CVs of key personnel and experience claimed
by the firm.
23
APPENDIX B-1: TECHNICAL PROPOSAL SUBMISSION FORM.
FROM (Name of Firm) To: (Name and Address of Client)
Ladies/Gentlemen:
Subject: Consultancy Services for Authority’s Engineer for Construction of Nagpur-Chandrapur Access
Controlled Super Communication Expressway in The State of Maharashtra on EPC Mode for:
I. Construction Package NC-01 from km 0+000 Seldoh Tq. Seloo to km 33+300 Lonhar Tq.
II. Construction Package NC-02 from km 33+300 Lonhar Tq. Samudrapur Dist. Wardha to km
63+150 Borgaon Deshmukh Tq. Warora Dist. Chandrapur (Length- 29.850 km)
We, the undersigned, offer to provide the consulting services for the above in accordance with your
Request for Proposal dated (Date), and our Proposal. We are hereby submitting our Proposal, which
includes this Technical Proposal and a Financial Proposal sealed under a separate envelope for the
above mentioned work.
We understand that Employer shall be at liberty to keep the credentials of Consultants submitted at
bidding stage, in public domain and the same may be uploaded by Employer on official website of
Employer. We undertake that we shall have no objection if Employer uploads/hosts the information
pertaining to credentials of our firm as well as of our key personnel.
If negotiations are held during the period of validity of the Proposal i.e. before (Date) we undertake to
negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject tothe
modifications resulting from contract negotiations.
We understand you are not bound to accept any Proposal you receive
We
remain,
Yours sincerely,
Managing Director/Head of the
firm/Authorized
Representative of the firm + *
Name of the firm
*Lead Member in case of JV
24
APPENDIX B-2: COMMENT AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND
ON SERVICES AND FACILITIES TO BE PROVIDED BY THE EMPLOYER
On the Terms of Reference (not more than one page):
1.
2.
3.
4.
….
On the services and facilities to be provided by the Employer (not more than one page) 1.
2.
3.
4.
….
25
APPENDIX B-3: APPROACH PAPER ON METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT
(Not more than eight pages)
26
APPENDIX B-4: COMPOSITION OF THE TEAM PERSONNEL, AND TASK(S) OF EACH TEAM MEMBER
1. Technical/Managerial Staff
Sl. No. Name Position Task

1
..
2. Support Staff
Sl. No. Name Position Task

1
..
27
APPENDIX B-5: FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF
ProposedPosition:………………………………………………
NameofFirm:.......................................................................................
Name of Staff: ........................................................................................
Profession :
Date of Birth:
Years with Firm/Entity: ........................................... Nationality:……………………….
MembershipofProfessionalSocieties:.........................................................................
Detailed Task Assigned: ..............................................................................................
S.No Name of Post Held Project Period Assignment Client Remark

Employer Name in the of the
Project Project
From To
Education:
[Summarize college/university and other specialized education of staff member, giving their names,
dates attended, and degrees obtained. Use about one quarter of a page.]
Key Qualifications:
[Give an outline of staff member’s experience and training most pertinent to tasks on assignment.
Describe degree of responsibility held by staff member on relevant previous assignments and give dates
and locations. Use about half a page.]
Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions held by
staff member since graduation, giving dates, name of employing organizations, titles of positions
h eld, and locat ion s of assign m en t s . For exp e ri en ce also give types of activities performed
and client references, where appropriate. Use about three-quarters of a page.]
Languages:
[For English language indicate proficiency: excellent, good, fair, or poor; in speaking, reading,
andwriting]
Summary of Qualification & Experience vis-à-vis the requirements as per TOR
Requirements as per Possessed by the Break-up of experience

TOR (Enclosure-B) Staff Member Brief Description of Project Man-months provided
28
Certification by the Candidate

I, the undersigned, (Name and Address) undertake that this CV correctly describes myself, my
qualifications and my experience and Employer would be at liberty to debar me if any information
given in the CV, in particular the Summary of Qualification & Experience vis-à-vis the requirements as per
TOR is found incorrect. I further undertake that I have neither been debarred by MSRDC or any
other central/ stage government organization nor left any assignment with the Consultants
engaged by Employer / contracting firm (firm to be supervised now) for any continuing work of
Employer without completing my assignment. I will be available for the entire duration of the current
project (named…..). If I leave this assignment in the middle of the work, Employer would be at liberty
to debar me from taking any assignment in any of the Employer works for an appropriate period of time
to be decided by the Employer. I have no objection if my services are extended bythe Employer for
this work in future.
I further undertake that my CV is being proposed for this project by --------- (the applicant firm) and
I have not given consent to any other consultant(s) to propose my CV for any position for this
project.
I further undertake that if due to my inability to work on this project due to unavoidable
circumstances, due to which consultant’s firm is forced to seek replacement. In such unavoidable
circumstances, I shall not undertake any employment in Employer projects during the period of
assignment of this project and Employer shall consider my CV invalid till such time.
I undertake that I have no objection in uploading/hosting of my credentials by Employer in public

domain.
For Key Personnel having intermittent inputs, add the following:

I further certify that I am associated with the following assignments as on date (as on 7 days prior to
due date for submission of proposal) including those for which LOA has been received by the firm and the
inputs in these assignments shall not affect the work of the current assignment.
Name of Client Date of LOA Likely start Likely end Total input of the
Assignment (Month / Year) (Month / Year) person (man- months)
Vertical Presentation of above table
Note : CVs of Key Personnel having intermittent inputs will be considered only if the assignments on
hand as on 7 days before due date of proposal including those for which LOA has been received from
the Client or for which Consultant has been declared as H1 do not exceed 3 (three) for Senior Contract
Specialist , and Sr. Quantity Surveyor.
………………………………………………………….. Date
(Signature of Key Personnel)
(Day/Month/Year)
29
Certification by the firm
The undersigned on behalf of ---------- (name of consulting firm) certify that the qualification and
experience details of Shri (name of the proposed personnel and address) as described in the CV
has been checked and found to be correct. It is also certified that Shri-------- (name of proposed
personnel) to the best of our knowledge has neither been debarred by MSRDC or any other
Central/State Government organization nor left his assignment with any other consulting firm engaged
by the Employer / Contracting firm (firm to be supervised now) for the ongoing projects. We
understand that if the information about leaving the past assignment is known to the Employer,
Employer would be at liberty to remove the personnel from the present assignment and debar him for
an appropriate period to be decided by the Employer.
………………………………………………………….. Date:………………
(Day/Month/Year)
[Signature of authorized representative of the Firm]
Note:-
a) Personnel is to affix his recent photograph on first page of CV.
b) Complete address and phone number of the Personnel is to be provided.
c) Document for proof of age is to be enclosed.
d) Document for proof of qualification is to be enclosed.
e) Age of the personnel shall not be more than as specified.
f) Experience Certificates from Employers to be attached.
30
APPENDIX B-6: TIME SCHEDULE FOR PROFESSIONAL PERSONNEL
A. Activity Schedule
Sl. Name Position Month wise Program (in form of Bar Chart)
No. [1st, 2nd etc. are months from start of assignment]
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th & subsequent Number of
year Months
1 Subtotal (1)
2 Subtotal (2)
3 Subtotal (3)
4 Subtotal (4)
- -
- -
31
APPENDIX B-7: ACTIVITY (WORKS) SCHEDULE
A. Activity Schedule
Month wise Program (in form of Bar Chart)

[1st, 2nd etc. are months from start of assignment]
Sl. No. Item of Activity (Works) 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th
1 ................................................
2 ................................................
3 ................................................
4 ................................................
- ................................................
- ................................................
B. Completion and Submission of Reports
S.No Reports : Programme: (Date)
1 Monthly reports
(Design and Construction)
2 Quarterly Reports
3 Various others reports as provided in the Concession Agreement

such as
32
APPENDIX B-8: AFFIDAVIT FOR CORRECTNESS OF CV OF KEY PERSONNEL AND EXPERIENCE CLAIMED BY THE
FIRMS
(To be submitted on non-judicial Stamp Paper)
I, the undersigned, on behalf of (name of the Consultant

submitting the proposal), do hereby certify that the details furnished in this proposal including CV of
key personnel and experience claimed by the firm/firms are true and correct to the best of my
knowledge and belief.

Firm/AuthorizedRepresentativeof the
firm*
Address *Lead Member in case of JV
33
SECTION 5: FORMAT FOR SUBMISSION OF FINANCIAL PROPOSAL.
Appendix C-1 Financial proposal submission form
Appendix C-2 Summary of costs
Appendix C-3 Breakdown of costs
34
APPENDIX C-1: FINANCIAL PROPOSAL SUBMISSION FORM
FROM: (Name of Firm) TO:
Address of Employer
Subject:
We, the undersigned, offer to provide the consulting services for the above in accordance
with your Request for Proposal dated [Date], and our proposal. Our attached financial
proposal is for the sum of [Amount in words and figures]. This amount is exclusive of the
local taxes which we have estimated at (Amount in Words and Figures).
Our financial proposal shall be binding upon us subject to the modifications resulting from
contract negotiations, up to the expiration of the validity period of the proposal, i.e., [Date].
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”.
Commission and gratuities, if any, paid or to be paid by us to agents relating to this proposal
and contract execution, if we are awarded the contract, are listed below:
Name and Address Amount and Purpose of Commission

of Agents Currency or Gratuity
............................... ........................... ……..…………………
............................... ........................... ……………………….
We understand you are not bound to accept any proposal you receive.
We remain, yours
sincerely,

firm/Authorized Representative of the
firm*
Name of the firm Address
*Lead Member in case of JV
35
APPENDIX C-2: SUMMARY OF COSTS
Amount
No. Description (Rs.)
I Remuneration for Local Professional Staff
II Supporting Staff
III Transportation
IV Duty Travel to Site
V Office Rent
VI Office Supplies, Utilities and Communication
VII Office Furniture and Equipment
VIII Reports and Document Printing
IX Survey Equipment with Survey Party and Vehicle
X Contingencies
Consultancy GST Payable in India
Total Costs (Including Tax)
Note: Payments will be made as per stipulations of the Conditions of Contract.
36
APPENDIX C-3: BREAKDOWN OF COSTS

I. REMUNERATION FOR LOCAL PROFESSIONAL STAFF for each package
Man-month in Man-month in
S. No. Construction Maintenance/
Key Personnel Billing Rate (Rs) Amount (Rs)
period of 30 Defect Liability
months period of 60 months
months months
A: Key Personnel
1. Team Leader 30 12
Resident Engineer
2. 60 16
(Highways) (2 Nos)
Resident Engineer (
3. 30 12
Bridge/Structure)
4. Highway Design cum

12 8
Pavement Specialist
Bridge/
5. 30 2
Structural
Design
Engineer
Sr. Contract
6. 15 16
Specialist
Senior Quantity
7. 30 4
Surveyor
Sr. Quality cum
8. 30 4
Material
Engineer
9. Environmental Expert 12 4
10. Road Safety Expert 4 16
Sub Total 253 94
B: Sub-Professional Staff
Bridge/ Structure
1. 30 12
Engineer
Highway Engineer
2. 60 0
Const. Period (2 Nos)
3. Highway Engineer DLP 0 60
4. HTMS cum Toll Expert 6 1
Horticulture &
5. 6 6
Landscape Expert
37
6. Legal Expert 4 4
Sr. Survey Engineer (4

7. 120 0
Nos)
8. Geotechnical Expert 30 2
Quantity Surveyor
9. 60 0
Highway (2 Nos)
Quantity Surveyor
10. 30 0
Bridge/Structure
Quality Control
11.
Engineer Highway (2
60 8
Nos)
12. Lab Technicians (3 Nos) 90 12
Design Engineer
13. 15 8
(Highway)
Design Engineer
14. 15 8
(Structure)
15. Electrical Engineer 12 16
16. Hydrologist 12 6
17. BIM Manager 30 0
Senior BIM Coordinator

18. 60 0
(2 Nos)
Sub Total 640 143
C: Supporting Staff
1. Office Manager (3 Nos) 90 180
Accountant cum
2. 90 0
Cashier (3 Nos)
Photo copy Operator (3
3. 90 0
Nos)
Computer Operator AE
4. 90 180
(3 Nos)
Computer Operator
5. 90 180
MSRDC (3 Nos)
6. Office Boy AE (3 Nos) 90 180
Office Boy MSRDC (3

7. 90 180
Nos)
Sub Total 630 900
38
Total 1523 1137
39
Note:
II. Transportation (Fixed rate on rental basis)
The vehicles provided by the Consultants shall include the cost for rental, drivers operation,
maintenance, repairs, insurance, etc. for all complete approx. 3000 km/month run
S.No Description of Quantity (No. of vehicle-month) Total Rate/ Vehicle Amount

Vehicles - Month (Rs)
During During
Construction Maintenance/
Period DLP Period
1 New Innova (2024 3x30 0

Make )
2 New Mahindra 9x30 3x60

Bolero or
equivalent
Jeep/SUV
(2024 Make )
Total
III. Duty Travel to Site (Fixed Costs):
Professional and Sub-Professional Staff

The employer may require the Key Personnel to visit the Employer’s Site/Regional office. The quoted amount
should include travel fare for 60 round trip to Employer’s Head Office and 60 round trip to Employer’s regional
office (including Hotel charges, travel costs etc. Complete).
IV. Office Rent (Fixed Costs) – Minimum 250 Sqm area of office shall be rented.
The rent cost includes electricity and water charges, maintenance, cleaning, repairs, etc. complete.
Nos of Months Rate/month Amount

(Construction period + 60
months) * 2 site office
+ 1 Project office
V. Office Supplies, Utilities and Communication (Fixed Costs) for each site office
No Item Months Monthly Amount in

Rate Rs.
1. Office Supplies (Construction period + 60months) *
(2 site office + 1 Project office)
2. Drafting Supplies (Construction period + 60months) *
3. Computer Running Costs (Construction period + 60months) *
4. Domestic and International (Construction period + 60months) *
Communication (2 site office + 1 Project office)
40
VI. Office Furniture and Equipment (Rental) [Fixed monthly cost]
(Brand new Furniture and Equipment shall be mandatory at the time of commencement of
services as per the list given below. The rental rate per month shall be quoted for the total
list of Office Furniture and Equipment)
Rate/Month Period in
No Description Unit Qty. Amount (Rs.)
/unit (Rs.) Months
Executive Table (Godrej make, 18 Construction
1 model No. T-108 or each period + 60
equivalent) months
Executive Chairs (Godrej make, 18 Construction
2 model No. PCH-701 or each period + 60
equivalent) months
Construction
Tables (Godrej make, model
3 each 12 period + 18
No. T-104 or equivalent)
months
Ordinary Chairs Type-1 (Godrej Construction
4 make, model No T-CHR –6 or each 45 period + 18
equivalent)
Tables (for all other staff) months
5 (Godrej make, model No. T- each 12
101 or equivalent)
Ordinary Chairs –Type II (for all Construction
6 other staff) (Godrej make, each 30 period + 18
model No. CHR-6 or equivalent
Steel Almira 1270mm x
Construction
765mm x 440mm (Godrej
make, model minor
months
plain or equivalent)
Visitors chairs/Conference
Construction
room
Chairs (Godrej make, model
months
No. DCH7004 or equivalent)
Tables for computers with 3
drawers, key board/mouse pull Construction
9 out trays size 1664mm x 900 each 12 period + 18
(Godrej make. Or equivalent as months
per Engineer’s design)
Construction
Printer desks (Godrej make or period + 18
10 each 6
equivalent) months
Construction
Side tables (Godrej make or period + 18
11 each 12
equivalent) months
Conference Table (Godrej Constructi
12 make, model No. T-12 or each 3 onperiod
equivalent) + 18
months
Revolving Chairs for Computer
Construction
Room/Drawing room
months
41
Office Equipment (Rental/Hire)

Telephone with PABX facilities Construction
1 (6 external lines & 30 internal each 6 period + 36
lines) months
Construction
2 Photocopier each 3 period + 36
months
Construction
3 Fax each 3 period + 36
months
Construction
4 Air-Conditioner (1.5 Ton) each 9 period + 36
months
Construction
5 Computer PC (state of the art) each 12 period + 36
months
Construction
6 Laser Jet Printers each 9 period + 36
months
Construction
Diesel Generator 20KVA)
with running cost
months
Construction
8 Binding Machine each 3 period + 36
months
Air Cooler (of 24” size fan
with suitable pump and
Construction
shall be of either GEC,
Khaitan or Cool Home
months
make or
equivalent)
Construction
Water Coolers (Voltas or
equivalent)
months
Construction
11 Software LS LS period + 36
months
Total
VII. Reports and Document Printing
No. Description No. of No. of Copies Total Nos. Rate per Amount
Reports per Report Of copies Copy ( )
1 Monthly reports (Nos of 6 540
months in
construction
period + 60
(months)
2 Quarterly Reports 21 6 126
3 Various others reports as provided 5 6 30
in the EPC Agreement such as
Completion Report
Total
42
VIII. Survey Equipment with Survey Party and Vehicle etc. complete
Description Nos. of Months Rate/month Amount
Rental cost towards Survey Equipment 90

(GPS/Total station /Auto Level) with
semiskilled survey party (4 persons) and one
dedicated vehicle for Survey Party (inclusive of
vehicle rental driver’s salary, fuel operation
and maintenance etc. complete) with rods,
flags and other sundries.
IX. Contingencies
A fixed amount of Indian Rupees Ten Lakh shall be included in the Financial Proposal. The
provisions of Contingency shall be operated with the specific approval form the Authority.
43
SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
Consultancy Services for Authority’s Engineer for Construction of Nagpur-Chandrapur Access Controlled Super Communication
Expressway in The State of Maharashtra on EPC Mode for:
i) Construction Package NC-01 from km 0+000 Seldoh Tq. Seloo to km 33+300 Lonhar Tq. Samudrapur Dist. Wardha
(Length- 33.300 km)
ii) Construction Package NC-02 from km 33+300 Lonhar Tq. Samudrapur Dist. Wardha to km 63+150 Borgaon
Deshmukh Tq. Warora Dist. Chandrapur (Length- 29.850 km)
Background
Maharashtra State Road Development Corporation Ltd, Mumbai (MSRDC) a Government of Maharashtra undertaking (The
“Authority”) is a Corporation established and fully owned by the Government of Maharashtra through a resolution dated 9th
July,1996 and has been incorporated as limited company under company Act 1956 on 2nd August 1996 is engaged in the development
of Road infrastructures on State Highways, National Highways, Expressways, urban transport on Sea Link, Greenfield access controlled
Expressway and its connector and as part of this endeavor, the Authority has decided to undertake Construction of Nagpur-
Chandrapur Access Controlled Super Communication Expressway in The State of Maharashtra on EPC Mode (the “Project”) in the
State of Maharashtra through Engineering, Procurement and Construction (the EPC) basis and has decided to select an Authority
Engineer for Packages NC-01, & NC-02. A brief description of the project may be seen in the Information Memorandum of the Project
at the Authority ‘s website http://mahatenders.gov.in of Maharashtra State Road Development Corporation Limited. Brief particulars
of the Project Packages are as below.
Length in Estimated Project Cost Completion period

Name of Work
Km excluding GST of the work
1) Construction of Nagpur-Chandrapur Access INR 17657.22 million

Controlled Super Communication Expressway in the (INR Seventeen
State of Maharashtra on EPC Mode for Package NC- 33.300 thousand Six hundred
30 Calendar Months
01 from km 0+000 Seldoh Tq. Seloo to km 33+300 km fifty-seven Million and
Lonhar Tq. Samudrapur Dist. Wardha (Length- 33.300 Two Lakh Twenty
km) thousand only)
2) Construction of Nagpur-Chandrapur Access

INR 15715.99 million
Controlled Super Communication Expressway in the
(INR Fifteen thousand
State of Maharashtra on EPC Mode for Package NC- 29.850
seven hundred fifteen 30 Calendar Months
02 from km 33+300 Lonhar Tq. Samudrapur Dist. km
Million and Nine lakh
Wardha to km 63+150 Borgaon Deshmukh Tq.
Ninety thousand only)
Warora Dist. Chandrapur (Length- 29.850 km)
The work will broadly consist of Construction of Access Controlled Green Field expressway having four lane divided carriageway
with paved shoulder with Rigid pavement, rehabilitation of existing pavement, construction and/or rehabilitation of major and minor
bridges, culverts, road intersections, flyovers, viaduct, VUP, LVUP, VOP, CUP, COP. POP, PUP, interchanges with toll plaza, median
plantation, avenue plantation with its infrastructure, utility corridor with cart track, drains, Compound wall, way side Amenities,
Illumination, street lighting, road safety measures, administrative building, Traffic Police station, etc. and providing ATMS, Ambulance,
QRV, Crane, Highway Swiping Machine, Bridge Inspection Unit etc. on Engineering, Procurement and Construction mode and
maintenance of the Project during the Defect Liability Period of 60 months.
A) Project Description:
Maharashtra State Road Development Corporation Limited (the “Authority”) a corporation fully owned by the Government of
Maharashtra is engaged in the development of Construction of Nagpur-Chandrapur Access Controlled Super Communication
Expressway in The State of Maharashtra on EPC Mode.
44
The development of work is proposed in Six Parts called as construction packages which are as Under:
Construction Package No. Chainage Length in km Taluka District
From To
Seloo,
NC-01 0+000 33+300 33.300 Wardha
Samudrapur
Samudrapur,
NC-02 33+300 63+150 29.850 Chandrapur
Warora
63+150 90+400 Warora,
NC-03 (with Chandrapur 39.219 (27.250+
Bhadravati, Chandrapur
connector) 0+000 11+969 11.969)
Chandrapur
Bhadravati,
NC-04 90+400 118+600 28.200 Chandrapur
Korpana
Korpana,
NC-05 118+600 150+350 31.750 Chandrapur
Ballarpur
Ballarpur,
NC-06 150+350 182+395 32.045 Chandrapur
Gondpimpari
Total 194.364
The brief salient features of (i) Construction Package NC-01 from km 0+000 Seldoh Tq. Seloo to km 33+300 Lonhar Tq. Samudrapur
Dist. Wardha (Length- 33.300 km), and, (ii) Construction Package NC-02 from km 33+300 Lonhar Tq. Samudrapur Dist. Wardha to
km 63+150 Borgaon Deshmukh Tq. Warora Dist. Chandrapur (Length- 29.850 km), are as below:
Salient features of Packages NC – 01 & NC – 02:
Particulars Details
Total Length (km) 33.300 km + 29.850 km = 63.15 km
ROW 100 m
Design Speed 150 kmph
Carriageway 2 x 3.75 m (2+2 lane)
Lane Width 3.75m each
Paved Shoulders 2 x 3.0m
Earthen Shoulders 2 x 2.0m
Median (For Shallow & High Embankments
4.50 m with scrub plantation as per design
and in Cutting Sections)
Utility Corridor for Utilities like Gas, Proposed under cart track in 3.50 m width at edge of RoW on
Electricity, OFC, Water Supply etc. both sides of main carriageway
Avenue Tree Planation / Landscape 2 x 8m
Storm water drain 3.0 m wide on either side
Embankment/Cutting Battered Slope Width Varies
Compound wall On either side.
Wayside Amenities 2 [for NC-02]
Interchanges As per detailed Design
In 4 rows of thrie Beam Metal Crash Barrier along the
Crash Barriers
expressway
Central Opening with cross drainage
As per Design
Structures
SECTION 6: TERMS OF REFERENCE FOR AUTHORITY’S ENGINEER
1. Scope
1.1 These Terms of Reference (the “TOR”) for the Authority’s Engineer are being specified pursuant to the EPC Agreement
dated........... (the “Agreement”), which has been entered into between the Authority and. . . . . . . . . . . . . (the “Contractor”) for
[Construction of Nagpur-Chandrapur Access Controlled Super Communication Expressway for, (i) Construction Package NC-01
from km 0+000 Seldoh Tq. Seloo to km 33+300 Lonhar Tq. Samudrapur Dist. Wardha (Length- 33.300 km) and, (ii) Construction
45
Package NC-02 from km 33+300 Lonhar Tq. Samudrapur Dist. Wardha to km 63+150 Borgaon Deshmukh Tq. Warora Dist.
Chandrapur (Length- 29.850 km)] in the State of Maharashtra on Engineering, Procurement, Construction (EPC) basis and a copy
of which is annexed hereto and marked as Annex-A to form part of this TOR.
1.2 The TOR shall apply to construction and maintenance of the Project Highway.
2 Definitions and interpretation
2.1 The words and expressions beginning with or in capital letters and not defined herein but defined in the Agreement shall have,
unless repugnant to the context, the meaning respectively assigned to them in the Agreement.
2.2 References to Articles, Clauses and Schedules in this TOR shall, except where the context otherwise requires, be deemed to be
reference to the Articles, Clauses and Schedules of the Agreement, and references to Paragraphs shall be deemed to be references
to Paragraphs of this TOR.
2.3 The rules of interpretation stated in Clauses 1.2, 1.3 and 1.4 of the Agreement shall apply, mutatis mutandis, to this TOR.
3 General
3.1 The Authority’s Engineer shall discharge its duties in a fair, impartial and efficient manner, consistent with the highest standards
of professional integrity and Good Industry Practice.
3.2 The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the provisions of this Agreement,
but subject to obtaining prior written approval of the Authority before determining.
(a) Any Time Extension.
(b) Any additional cost to be paid by the Authority to the Contractor;
(c) The Termination Payment; or
(d) Any other matter which is not specified in (a), (b) or (c) above and which creates an obligation or liability on either Party for a sum
exceeding Rs. 5,000,000 (Rs. Fifty lakh.)
3.3 The Authority’s Engineer shall submit regular periodic reports, at least once every month, to the Authority in respect of its duties
and functions under this Agreement. Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning
of every month.
3.4 The Authority’s Engineer shall inform the Contractor of any delegation of its duties and responsibilities to its suitably qualified and
experienced personnel; provided, however, that it shall not delegate the authority to refer any matter for the Authority’s prior
approval in accordance with the provisions of Clause 18.2 Model EPC Agreement.
3.5 The Authority’s Engineer shall aid and advise the Authority on any proposal for Change of Scope under Article 13.
3.6 In the event of any disagreement between the Parties regarding the meaning, scope and nature of Good Industry Practice, as set
forth in any provision of the Agreement, the Authority’s Engineer shall specify such meaning, scope and nature by issuing a reasoned
written statement relying on good industry practice and authentic literature.
4 Construction Period
4.1 During the Construction Period, the Authority’s Engineer shall review the Drawings furnished by the Contractor along with
supporting data, including the geo-technical and hydrological investigations, characteristics of materials from borrow areas and
quarry sites, topographical surveys, and the recommendations of the Safety Consultant in accordance with the provisions of Clause
10.1.6 of Model EPC Agreement. The Authority’s Engineer shall complete such review and send its observations to the Authority and
the Contractor within 15 (fifteen) days of receipt of such Drawings; provided, however that in case of a Major Bridge or Structure, the
aforesaid period of 15 (fifteen) days may be extended up to 30 (thirty) days. In particular, such comments shall specify the conformity
or otherwise of such Drawings with the Scope of the Project and Specifications and Standards.
4.2 The Authority’s Engineer shall review any revised Drawings sent to it by the Contractor and furnish its comments within 10 (ten)
days of receiving such Drawings. The review of drawing should be authenticated by Authority’s Engineer.
4.3 The Authority’s Engineer shall review the Quality Assurance Plan submitted by the Contractor and shall convey its comments to
the Contractor within a period of 21 (twenty- one) days stating the modifications, if any, required thereto.
4.4 The Authority’s Engineer shall complete the review of the methodology proposed to be adopted by the Contractor for executing
the Works, and convey its comments to the Contractor within a period of 10 (ten) days from the date of receipt of the proposed
46
methodology from the Contractor.
4.5 The Authority’s Engineer shall grant written approval to the Contractor, where necessary, for interruption and diversion of the
flow of traffic in the existing lane(s) of the Project Highway for purposes of maintenance during the Construction Period in accordance
with the provisions of Clause 10.4 Model EPC Agreement.
4.6 The Authority’s Engineer shall review the monthly progress report furnished by the Contractor and send its comments thereon to
the Authority and the contractor within 7 (seven) days of receipt of such report.
4.7 The Authority’s Engineer shall inspect the Construction Works and the Project Highway and shall submit a monthly Inspection
Report bringing out the results of inspections and the remedial action taken by the Contractor in respect of Defects or deficiencies.
In particular, the Authority’s Engineer shall include in its Inspection Report, the compliance of the recommendations made by the
Safety Consultant.
4.8 The Authority’s Engineer shall conduct the pre-construction review of manufacturer’s reports and standard samples of
manufactured Materials, and such other Materials as the Authority’s Engineer may require.
4.9 For determining that the Works conform to Specifications and Standards, the Authority’s Engineer shall require the Contractor to
carry out, or cause to be carried out, tests at such time and frequency and in such manner as specified in the Agreement and in
accordance with Good Industry Practice for quality assurance. For purposes of this Paragraph 4.9, the tests specified in the IRC Special
Publication 11 (Handbook of Quality Control for Construction of Roads and Runways) and the Specifications for Road and Bridge
Works issued by MSRDC (the “Quality Control Manuals”) or any modifications / substitution thereof shall be deemed to be tests
conforming to Good Industry Practice for quality assurance.
4.10 The Authority’s Engineer shall test check at least 20 (twenty) percent of the quantity or number of tests prescribed for each
category or type of test for quality control by the Contractor.
4.11 The timing of tests referred to in Paragraph 4.9, and the criteria for acceptance/rejection of their results shall be determined by
the Authority’s Engineer in accordance with the Quality Control Manuals. The tests shall be undertaken on a random sample basis
and shall be in addition to, and independent of, the tests that may be carried out by the Contractor for its own quality assurance in
accordance with Good Industry Practice.
4.12 In the event that results of any tests conducted under Clause 11.10 establish any Defects or deficiencies in the Works, the
Authority’s Engineer shall require the Contractor to carry out remedial measures.
4.13 The Authority’s Engineer may instruct the Contractor to execute any work which is urgently required for the safety of the Project
Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account
of a Force Majeure Event, the provisions of Clause 21.6 of Model EPC Agreement shall apply.
4.14 In the event that the Contractor fails to achieve any of the Project Milestones, the Authority’s Engineer shall undertake a review
of the progress of construction and identify potential delays, if any. If the Authority’s Engineer shall determine that completion of the
Project Highway is not feasible within the time specified in the Agreement, it shall require the Contractor to indicate within 15 (fifteen)
days the steps proposed to be taken to expedite progress, and the period within which the Project Completion Date shall be achieved.
Upon receipt of a report from the Contractor, the Authority’s Engineer shall review the same and send its comments to the Authority
and the Contractor forthwith.
4.15 The Authority’s Engineer shall obtain from the Contractor a copy of all the Contractor’s quality control records and documents
before the Completion Certificate is issued pursuant to Clause 12.4 of Model EPC Agreement.
4.16 Authority’s Engineer may recommend to the Authority suspension of the whole or part of the Works if the work threatens the
safety of the Users and pedestrians. After the Contractor has carried out remedial measure, the Authority’s Engineer shall inspect
such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may
be revoked.
4.17 In the event that the Contractor carries out any remedial measures to secure the safety of suspended works and users, and
requires the Authority’s Engineer to inspect such works, the Authority’s Engineer shall inspect the suspended works within 3 (three)
days of receiving such notice, and make a report to the Authority forthwith, recommending whether or not such suspension may be
revoked by the Authority.
4.18 The Authority’s Engineer shall carry out, or cause to be carried out, all the Tests specified in Schedule K and issue a Completion
Certificate or Provisional Certificate as the case may be. For carrying out is functions under this Paragraph 4.18 and all matters
incidental thereto, the Authority’s Engineer shall act under and in accordance with the provisions of Article 12 and Schedule-K.
5 Maintenance Period
47
5.1 The Authority’s Engineer shall aid and advise the Contractor in the preparation of its monthly Maintenance Programme and for
this purpose carry out a joint monthly inspection with Contractor.
5.2 The Authority’s Engineer shall undertake regular inspections, at least once every month to evaluate compliance with the
Maintenance Requirements and submit a Maintenance Inspection Report to the Authority and the Contractor
5.3 The Authority’s Engineer shall specify the tests, if any, that the Contractor shall carry out, or cause to be carried out, for the
purpose of determining that the Project Highway is in conformity with the Maintenance Requirements. It shall monitor and review
the results of such tests and remedial measures, if any, taken by the Contractor in this behalf.
5.4 In respect of any defect or deficiency referred to in Paragraph 3 of Schedule-E, the Authority’s Engineer shall, in conformity with
Good Industry Practice, specify the permissible limit of deviation or deterioration with reference to the Specifications and Standards
and shall also specify the time limit for repair or rectification of any deviation or deterioration beyond the permissible limit.
5.5 The Authority’s Engineer shall examine the request of the Contractor for closure of any lane (s) of the Project Highway for
undertakings maintenance/repair thereof, and shall grant permission with such modifications, as it may deem necessary, within 5
(five) days of receiving a request from the Contractor. Upon expiry of the permitted period of closure, the Authority’s Engineer shall
monitor the reopening of such lane (s), and in case of delay, determine the Damages payable by the Contractor to the Authority under
Clause 14.5 of Model EPC Agreement
6 Determination of costs and time
6.1 The Authority’s Engineer shall determine the costs, and/or their reasonableness, that are required to be determined by it under
the Agreement.
6.2 The Authority’s Engineer shall determine the period of Time Extension that is required to be determined by it under the
Agreement.
6.3 The Authority’s Engineer shall consult each Party in every case of determination in accordance with the provisions of Clause 18.5
of Model EPC Agreement.
7 Payments
7.1 The Authority’s Engineer shall withhold payments for the affected works for which the Contractor fails to revise and resubmit the
Drawings to the Authority’s Engineer in accordance with the provision of Clause 10.2.4 (d) of Model EPC Agreement.
7.2 Authority’s Engineer shall
a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor pursuant to Clause 19.4, determine the amount
due to the Contractor and recommend the release of 90 (ninety) percent of the amount so determined as part payment, pending
issue of the Interim Payment Certificate; and
b) within 15 (fifteen) days of the receipt of the Stage Payment Statement referred to in Clause 19.4, deliver to the Authority and the
Contractor an Interim Payment Certificate certifying the amount due and payable to the Contractor, after adjustments in accordance
with the provisions of Clause 19.10 of Model EPC Agreement.
7.3 The Authority’s Engineer shall, within 15 (fifteen) days of receipt of the Monthly Maintenance Statement from the Contractor
pursuant to Clause 19.6 of Model EPC Agreement, verify the Contractor’s monthly statement and certify the amount to be paid to
the Contractor in accordance with the provisions of the Agreement.
7.4 The Authority’s Engineer shall certify final payment with 30 (thirty) days of the receipt of the final payment statement of
Maintenance in accordance with the provisions of Clause 19.16 of Model EPC Agreement.
8 Other duties and functions
The Authority’s Engineer shall perform all other duties and functions as specified in the Agreement.
9 Miscellaneous
9.1 A copy of all communications, comments, instructions, Drawings or Documents sent by the Authority’s Engineer to the Contractor
pursuant to this TOR, and a copy of all the test results with comments of the Authority’s Engineer thereon, shall be furnished by the
Authority’s Engineer to the Authority forthwith.
9.2 The Authority’s Engineer shall retain at least one copy each of all Drawings and Documents received by it, including ‘as – built’
Drawings and keep them in its safe custody.
9.3 Within 90 (ninety) days of the Project Completion Date, the Authority’s Engineer shall obtain a complete set of as built Drawings
48
in 2 (two) hard copies and in micro film form or in such other medium as may be acceptable to the Authority, reflecting the Project
Highway as actually designed, engineered and constructed, including an as-built survey illustrating the layout of the Project Highway
and setback lines, if any, of the buildings and structures forming part of project Facilities; and shall hand them over to the Authority
against receipt thereof.
9.4 The Authority’s Engineer, if called upon by the Authority or the Contractor or both, shall mediate and assist the Parties in arriving
at an amicable settlement of any Dispute between the Parties.
9.5 The Authority’s Engineer shall inform the Authority and the Contractor of any event of Contractor’s Default within one week of
its occurrence.
10. Performance Clause
Authority’s Engineers shall be expected to fully comply with all the provisions of the `Terms of Reference’, and shall be fully
responsible for supervising the Designs, Construction and maintenance and operation of the facility takes place in accordance with
the provisions of the EPC Agreement and other schedules. Any failure of the Authority Engineer in notifying to Employer and the
Contractor on non-compliance of the provisions of the EPC Contract Agreement and other schedules by the EPC Contractor, non-
adherence to the provision of ToR and non- adherence to the time schedule prescribed under ToR shall amount to nonperformance.
The Authority Engineer shall appoint its authorized representative, who shall issue on behalf of the AE, the Provisional Completion
Certification and Completion Certificate along with the Team Leader and shall carry out any such task as may be decided by Employer.
The AE shall take prior approval of Employer before issuing Provisional Completion Certification and Completion Certificate. The
proposal submitted shall also include the name of the authorized representative along with the authorization letter and power of
attorney.
11. Consultant’s Proposal
11.1 List of key personnel to be fielded by the Consultants shall be as below:
i. Team Leader
ii. Resident Engineer (Highways)
iii. Resident Engineer ( Bridge/Structure)
iv. Highway Design cum Pavement Specialist
v. Bridge/ Structural Design Engineer
vi. Sr. Contract Specialist
vii. Senior Quantity Surveyor
viii. Sr. Quality cum Material Engineer
ix. Environmental Expert
x. Road Safety Expert
11.2 Broad job-description and minimum qualification for key personnel mentioned above is enclosed as Enclosure–B. However,
higher marks shall be accorded to the Candidate with higher relevant qualification and experience. All the CV’s of the personals
mentioned in Para 1.8 III of Data Sheet shall be evaluated at the time of evaluation of technical proposal. The age of the Key Personnel
should not be more than 65 years on the date of submission of proposal. Consultants are advised in their own interest to frame the
technical proposal in an objective manner as far as possible so that these could be properly assessed in respect of points to be given
as part of evaluation criteria. The bio-data of the key personnel should be signed on every sheet by the personnel concerned and the
last sheet of each bio data should also be signed by the authorized signatory for the Consultant. The key personnel shall also certify
at the end of their bio-data proforma that they have not left any of the Employer works without completing of their assignment and
have not accepted any other offer at the time of signing of the bio data and as such shall be available to work with the Authority
Engineer, if the Project is awarded. In case the key personnel leaves the assignment without approval of Employer, Employer would
be at liberty to take any appropriate action against that key personnel including debarment. The CV submitted by selected firm/JV
shall be hoisted on official website of Employer.
11.3 In addition to above, consultants are required to propose other key personnel, sub-professional staff and other field engineers
as detailed in Enclosure-A and the minimum qualification requirements for the same is enclosed in Enclosure–B.
12. PERIOD OF SERVICES
12.1 The services of an Authority’s Engineer will be in phases as per Contract Agreement.
12.1.1 The appointment of the Authority’s Engineer shall initially be as per details given below.
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Maintenance/DLP Period (in

Period of service (in months) Construction period (in months)
months)
Construction Period + 60 Months 30 60
The proposed manpower deployment for this period shall be matching the activities to be performed during the said period. The time
frame for services during the deployment of key personnel during this period shall be as shown in Enclosure A.
13. PERFORMANCE SECURITY
The successful consulting firm shall have to submit a Bank Guarantee (BG) for an amount of 2.50% of the Contract Value within 15
days of issue of LOA. The BG shall be valid for a period of 2 months beyond the expiry of the Contract period. The BG shall be in the
format specified in Appendix I of draft contract form and furnished from a Nationalized Bank, IDBI or ICICI/ICICI Bank/Foreign
Bank/EXIM Bank / Any Scheduled Commercial Bank approved by RBI having a net worth of not less than 500 crore as per latest Annual
Report of the Bank. In the case of a Foreign Bank (issued by a Branch in India) the net worth in respect of Indian operations shall only
be taken into account. In case of Foreign Bank, the BG issued by Foreign Bank should be counter guaranteed by any Nationalized Bank
in India. In case of JV, the BG shall be furnished on behalf of the JV and not individually by the members .
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Enclosure-A
MAN - MONTHS INPUT FOR KEY PROFESSIONAL STAFF AUTHORITY ENGINEER
S. No. Key Personnel Man-month in Man-month in

Constructionperiod of Maintenance/Defect Liability
30 months period of 60 months
months months
A: Key Personnel
1. Team Leader 30 12
2. Resident Engineer (Highways) (2 Nos) 60 16
3. Resident Engineer ( Bridge/Structure) 30 12
4. 12 8
Highway Design cum Pavement Specialist
5. Bridge/ Structural Design Engineer 30 2
6. Sr. Contract Specialist 15 16
7. Senior Quantity Surveyor 30 4
8. Sr. Quality cum Material Engineer 30 4
9. Environmental Expert 12 4
10. Road Safety Expert 4 16
Sub Total 253 94
B: Sub-Professional Staff
1. Bridge/ Structure Engineer 30 12
2. Highway Engineer Const. Period (2 Nos) 60 0
3. Highway Engineer DLP 0 60
4. HTMS cum Toll Expert 6 1
5. Horticulture & Landscape Expert 6 6
6. Legal Expert 4 4
7. Sr. Survey Engineer (4 Nos) 120 0
8. Geotechnical Expert 30 2
9. Quantity Surveyor Highway (2 Nos) 60 0
10. Quantity Surveyor Bridge/Structure 30 0
11. Quality Control Engineer Highway (2 Nos) 60 8
12. Lab Technicians (3 Nos) 90 12
13. Design Engineer (Highway) 15 8
14. Design Engineer (Structure) 15 8
15. Electrical Engineer 12 16
16. Hydrologist 12 6
17. BIM Manager 30 0
18. Senior BIM Coordinator (2 Nos) 60 0
Sub Total 640 143
C: Supporting Staff
1. Office Manager (3 Nos) 90 180
2. Accountant cum Cashier (3 Nos) 90 0
3. Photo copy Operator (3 Nos) 90 0
4. Computer Operator AE (3 Nos) 90 180
5. Computer Operator MSRDC (3 Nos) 90 180
6. Office Boy AE (3 Nos) 90 180
7. Office Boy MSRDC (3 Nos) 90 180
Sub Total 630 900
Total 1523 1137
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Note: The qualification and experience of Sub Professional staff would not be accounted in the evaluation.
However, Consultant shall have to get their CVs approved from Employer before mobilization. The other inputs like
support staff shall also be provided by the Consultant of an acceptable type commensuration with the roles and
responsibilities of each position.
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Enclosure B
QUALIFICATION OF KEY PERSONNEL
TEAM LEADER
Duties: The Team Leader will reside at project site on a full time basis throughout the period of the construction
supervision services. He will be overall in-charge of the project supervision of the construction package. He shall
act as Representative of the consulting firm appointed by the Authority. His duties will involve overall
superintendence over the Resident Engineers and other experts of the construction package. He will guide,
monitor, supervise and control all the activities related to supervision for the construction package. He will
interact with the Project Director and the other officials of the Authority. The duties of a team leader is not limited
to above elaboration and shall include all other necessary responsibilities confined to the assignment.
He should have the following qualification / experience.

(1) Essential Qualifications.
(a) Graduate in Civil Engineering from recognized university.
(b) Total Professional Experience of 20 years in handling Highway Projects.
(c) At least 5 years’ experience as Team Leader/ or similar capacity in Highway project.
(d) He should have handled as Team Leader/ or similar capacity of at least Two projects in Construction Supervision of
Highways.
(e) He should have handled as Team Leader or similar capacity of at least Two Projects of project Preparation of DPR of
major highway Project of four/six- Laning.
(f) Not more than 65 years of age.
(2) Preferential Qualifications.

(a) Post Graduate Degree in Construction Management/Highway Engineering.
Note: (1) Similar Capacity includes the following positions
i) On behalf of Consultant: Team Leader/Resident Engineer (Construction Supervision/IE/AE).

ii) On behalf of Contractor : Project Manager (Construction/ Construction Supervision)
iii) In Government Organizations : Superintending Engineer (or equivalent) and above
(2) Only those projects will be considered for evaluation at Sl. No. 1(d) and 1(d) above, where the input of the
personnel is at least one year.
RESIDENT ENGINEER HIGHWAYS

Duties: He shall be the in-charge of the construction supervision of project stretch and shall coordinate with
all other experts of the construction projects and shall report to the Team Leader and officers of PIU as per the
delegation established. He shall be directly responsible for regulating the construction process i.e. various
activities like earthwork, Sub-base/base courses, bituminous pavement, bridge/culvert works proposed for being
carried out under Stipulated Specifications/manuals etc. For this purpose, he shall be assisted by Highway
Engineer and other support engineers/personnel. He shall deal directly with the Highway Engineer and other
support staff attached with the Highway Engineer to ensure that the construction process is well controlled as
per established specification controls to avoid later quality control stage problems. In respect of other experts
like Material Engineer, Quantity Surveyor, etc.., he shall be coordinating and regulating their activities to ensure
smooth functioning of the Construction Package concerned. In addition he will be responsible for ensuring road
safety during construction and maintenance period of the project. The duties of resident engineer is not limited
to above elaboration and shall include all other necessary responsibilities confined to the assignment. He should
have the following qualification/experience.

(a) Graduate in Civil Engineering from a recognized University.
(b) Professional Experience of 15 years in supervision of Highway Projects.
(c) At least 12 years’ experience as Resident Engineer/Assistant Resident Engineer/Project Director/Project
Manager/Superintending Engineer or equivalent/Executive Engineer or equivalent on similar construction
53
work/Independent Engineering project.
(d) Should have handled at least 2 Highway projects of about 100 km each and one should be 4-Lane.
(e) Not more than 65 years of age.

(a) Post Graduate Degree in Transportation/Pavement Engineering.
RESIDENT ENGINEER BRIDGE/STRUCTURE

Duties: As overall in-charge of Construction supervision of structures, his duties will involve understanding the
design provisions of bridges/ROBs/flyovers/viaducts and culverts, guiding and checking of reinforcement/cable
laying operations, rectifying any apparent mistakes in respect of them, checking and controlling the proper mix
designs, Checking the adequacy of proper form-work, laying/compacting of concrete including curing operations.
For this purpose, he will work in close coordination with the Material Engineer and the Contractor’s Expert to
effectively Control the quality of execution. The duties of a resident engineer is not limited to above elaboration
and shall include all other necessary responsibilities confined to the assignment. He should have the following
qualification / experience.

(b) Professional Experience of 15 years.
(c) 10 years’ experience in Construction / Construction Supervision of bridge / interchange / any other structures.
(d) Must be familiar with modern methods of construction of bridges/ROB/flyover involving RCC/pre-stress concrete,
design, construction of different component of bridges.
(e) Experience in similar capacity in supervision of 2 Major Highway Bridges on Pile/Well foundation.
(f) Experience in supervision of Rehabilitation and repair of 2 nos Bridges.
(g) Not more than 65 years of age.

(a) Post Graduate Degree in Structural Engineering.
HIGHWAY DESIGN CUM PAVEMENT SPECIALIST

Duties: The Highway Specialist shall be responsible for the review of highway designs and drawings using
sophisticated computer software and also construction and O&M works. Should be a graduate in Civil Engineering
from a recognized University (higher qualifications will be preferable); His expertise shall include computer aided
design methods for Civil/Highway Engineering with particular reference to CAD application to the geometric
design for highway rehabilitation and/or upgrading projects. The duties of a highway design cum pavement
specialist is not limited to above elaboration and shall include all other necessary responsibilities confined to the
assignment. He should have the following qualification/experience.

(b) Professional Experience of 15 years in highway works.
(c) Experience of at least 10 years (out of total 15 years) in Highway Designing works
(d) He should have handled as Highway/ pavement Design Engineer at least 2 Projects of similar configuration.
(e) Exposure of Computer Software Programmes for Design of Highways such as IIT-pave and IIT-Rigid.

(a) Post Graduate Degree in Highway Engineering/Pavement engineering.
(b) Experience in Highway Projects in innovative / non-traditional technology and design.
BRIDGE/ STRUCTURAL DESIGN ENGINEER

Duties: The Bridge Design Specialist shall be responsible for checking the designs of bridges, ROBs, interchanges
and any other structure to be constructed in the Project highway. He shall also review the rehabilitation measures
to be proposed by the Concessionaire for existing structures based on site condition and structural requirement
basis. His expertise shall include computer aided design methods for Civil/Structural Engineering with particular
reference to Structural design. The duties of a structural engineer is not limited to above elaboration and shall
54
include all other necessary responsibilities confined to the assignment.

(b) Professional Experience of 15 years in Bridge Design.
(c) 10 years out of total 15 years’ experience in similar capacity for design of major highway bridges.
(d) Experience of designing of at least 4 major Highway Bridges of similar configuration.

(a) Post Graduate Degree in Highway Engineering/Pavement engineering.
(b) Experience in Highway Projects in innovative / nontraditional technology and design
(c) Experience in similar capacity in innovative and specialized major Bridge Design (Pre-cast Segmental Cantilever
Construction, Cable Stayed Bridge, Suspension bridges etc.)
SENIOR CONTRACT SPECIALIST

Duties: He will be deployed in working season in stages for cumulative duration of period mentioned in Enclosure-
A for obtaining his expert opinion on emerging contractual issues. His key responsibilities will be to guide and
assist Team Leader/Employer in all aspects of contract management in proper implementation of contract
provisions including controlling the project cost of the construction package. He will also be required to offer his
advice on contractual complications arising during the implementation as per the request of the employer. He
will be required to prepare manuals/schedules for the consultants team/employer based on the provisions of the
contract document. He will be responsible for giving appropriate suggestions in handling claims of the contractors
and any dispute arising thereof. The duties of a senior contract specialist is not limited to above elaboration and
shall include all other necessary responsibilities confined to the assignment.

(b) Professional Experience of 15 years in Contract Management.
(c) Experience of at least 4 years as Contract Specialist on any National/State Highway project.
(d) Contract Management of a large Highway contract over Rs.150 crore including experience of handling Variation
orders, claims of the contractor and there appropriate disposal.
(e) Handled Arbitration cases in respect of any Highway project.

(a) Degree in Law/PG in management/certificate course in management/ certificate course in construction
management/certificate course in contract management.
SENIOR QUANTITY SURVEYOR

Duties: He will be reporting to the Team Leader and give input as and when required during the work. He will
provide necessary guidance to the Quantity Surveyor, and shall issue directions/procedures/formats of reporting
to the Quantity Surveyor. He will act as a contract specialist also for the construction package, even though the
thrust of his responsibilities will be in the areas of quantity surveying/processing of the invoices etc. He will be
responsible for taking all measures required to control the project cost and time over-runs. He will examine the
claims of the contractor, variation orders, if any, and will approved the progress reports as per the project
requirements. He will approve the measurement of all items of works executed in different stages for payment
purpose prepared by Quantity Surveyor. The duties of a Sr. quantity surveyor is not limited to above elaboration
and shall include all other necessary responsibilities confined to the assignment. He should have the following
qualification / experience.

(a) Graduate in Civil Engineering from recognized university.
(b) Total Professional Experience of 15 years in handling Highway Contracts.
(c) At least 10 years’ experience as Quantity Surveyor in Highway project.
(d) He should have handled as Quantity Surveyor in at least two projects in Construction Supervision of Two/four of
Laning Highways.
55
(e) Not more than 65 years of age.

(a) Post Graduate Degree in Construction Management/Engineering/certificate course in management/ certificate
course in construction management/certificate course in contract management.
SENIOR QUALITY CUM MATERIAL ENGINEER

Duties: He will be responsible for supervising all the tests to be done in different stages of construction, besides
ensuring that specified tests are done as per codal stipulations and as per the specifications laid down in the
contract for all the different stages of construction. He will be coordinating and controlling the support personnel
placed with him and will report to the Resident Engineer and to the Team Leader/Employer’s representative as
and when required. The duties of a quality cum material engineer is not limited to above elaboration and shall
include all other necessary responsibilities confined to the assignment. He should have the following qualification
/ experience.

(b) Professional Experience of 15 years in construction of Highways / Roads / Airfield Runways
(c) Experience of 10 years in similar capacity in Construction / Construction Supervision of Highway projects.
(d) Experience as Material / Geotechnical Engineer in Construction/Construction Supervision of at least 2 Highway
projects.
(e) Must be familiar with material property of road construction material, technical specifications and procedures of
material tests and testing equipment.

(a) Post Graduate Degree in Geo-Technical Engineering/Soil Mechanics and Foundation Engineering.
(b) International experience as Material Engineer in Highway Construction projects.
ENVIRONMENTAL EXPERT
Duties: As an Environmental Expert one shall be responsible for co-ordination of Environment team for Baseline
Data Monitoring at Site, interaction with Highway design team, Preparation of Environmental Impact Assessment
report as per Ministry of Environment and Forests (MOEF), Preparation of Environmental Management Plan
(EMP).Preparation of EMPIEIA as per MOEF Guideline.
Make awareness of safety rules & measures among workers/employees/ staff. Review of Documents, Legal
Policy, Carrying out Environment Survey, Preparation of Environment Screening and Environment Impact
Assessment Report, Obtaining Environment, Forest Clearances and other Statuary Clearances.
Responsible for Supervising the Environment Impact Assessment Study including Bio diversity assessment Study,
Review and updating the Environment Impact Assessment Report of Project Road. Carrying out surveys related
to the environmental aspects, initial environmental screening and assessment, preparation of Environmental
Impact Assessment (EIA) and Environment. Management Plans (EMP) to mitigate the adverse environmental
impacts associated with Baseline Data Monitoring al Site, interaction with Highway design learn, Preparation of
Environmental Impact Assessment report as per Ministry of Environment and Forests (MOEF), Preparation of
Environmental Management Plan (EMP).
Responsible for collection and generation of primary and secondary data pertaining to the environment involving
both physical as well as ecological features. In process to generate the primary and secondary data, the task
involved liaison with government and non- governmental organizations, discussion with major stakeholders,
review of applicable guidelines, supervision work of the documentation and identification of major
environmental features including enumeration of trees along the road etc.
On the basis of collected data, EIA/EMP report based on MOEF Guidelines. The duties of an environmental expert
is not limited to above elaboration and shall include all other necessary responsibilities confined to the
assignment.

(a) The Candidate should be Graduate in Civil Engineering/Environmental Engineering or other relevant qualification. He
56
should have at least 10 years’ experience out of which 4 years in highway projects.
(b) He should have good knowledge of MOEF guidelines/requirements for mitigation measures pertaining environment
(c) The Environmental Expert should be an approved EIA Coordinator under Category A for Highway Sector from Quality
Council of India under the EIA Accreditation Scheme”.
(d) Not more than 65 years of age.

(a) The Candidate should be Graduate in Civil Engineering/Environmental Engineering or other relevant qualification. He
should have at least 10 years’ experience out of which 4 years in highway projects.
(b) The Environmental Expert should be an approved EIA Coordinator under Category A for Highway Sector from Quality
Council of India under the EIA Accreditation Scheme”.
ROAD SAFETY EXPERT

Duties: The Safety Engineer shall be responsible for supervision of the Project works and Safety measures being
implemented by the Contractor. He shall supervise all safety related matters during construction of the project.
He shall assist the Resident Engineer (Highways) and Resident Engineer (Structures) for all safety related issues.
The duties of a safety expert is not limited to above elaboration and shall include all other necessary
responsibilities confined to the assignment.

(a) Graduate in Civil Engineering/ Diploma in Civil Engineering from a recognized University.
(b) Professional Experience of 8 years for Graduate of 12 Years for Diploma Candidates, in Highway Construction Safety
Supervision.
(c) Not more than 65 years of age.

(a) Should have completed post-graduation/Diploma in Safety.
SUB PROFESSIONAL (To be evaluated for their suitability by Employer’s representative, before deployment)
BRIDGE/STRUCTURE
The Structure ENGINEER shall assist the Resident Engineer (Structures) for Supervision of all other
Structures of the package.
Qualifications:
Graduate in Civil Engineering/ Diploma in Civil Engineering from a recognized University.
Professional Experience of 8 years for Graduate of 12 Years for Diploma Candidates, in Structure/ Bridge Construction
Supervision Projects.
HIGHWAY ENGINEER
The Highway Engineer shall assist the Resident Engineer (Highways) in construction Supervision of the package.
Qualifications:
Professional Experience of 8 years for Graduate of 12 Years for Diploma Candidates, in Highway Construction
Supervision Projects.
HTMS Toll Expert

The HTMS Expert shall be responsible for supervision of HTMS and Toll plaza construction, review of Design and
drawings pertaining to HTMS and Toll Plaza.
Qualifications:
Professional Experience of 8 years for Graduate of 12 Years for Diploma Candidates, in HTMS and Toll Plaza
Construction.
Horticulture and landscaping Expert

Duties involve supervision and Design review of all Avenue Plantation, Horticulture and Landscaping related
matters of the Project.
Qualifications:
57
Graduate in Science in Horticulture/landscaping.
Professional Experience of 8 years in similarcapacity.
Legal Expert.
Duties involve review and comments on general Legal matters, claims, Contract related matters etc.
Qualifications.
Graduate in Law with at least 5 years’ experience in Highway projects.
Senior Survey Engineer

Checking layout of centreline, layout of curves, levels and profiles, etc. will be his main responsibility. Apart
from this, he shall also assist the Quantity Surveyor in preparation of invoices. He shall also be responsible for
modifying survey data in case any modification is required in the design during execution.
Qualifications:
He should be a graduate civil engineer with 4 years for BE Civil & 6 years for Diploma holder. Sr. Survey Engineer
should be conversant with modem survey equipment, total stations, auto level, digital level etc. He should have
worked in at least one major highway project. He should not be more than 60 years of age.
Geotechnical Expert
He shall be responsible for checking design of slope protection works, checking and verifying the specifications
for Geotechnical investigations and geotechnical details submitted by the contractor and producing technical
report on ground investigation and interpretation using state of the art 2D, 3D ground modelling software. He
shall be responsible for monitoring of slope protection works with the help of structural engineer.
Qualifications:
Post Graduate in Geotechnical Engineering / related field from a recognized University.
Professional Experience of minimum 15 years as geotechnical expert with construction experience of at least 2
years in Transportation projects.
Quantity Surveyor (Highways)

Duties involve Quantity Survey, measurement of work done in accordance to ToR of Authority Engineer.
Qualifications:
Graduate in Engineering / Diploma in Civil Engineering with Experience 5 years (Graduate) or 8 years
(Diploma) in Quantity Survey relevant work in highway projects.
Quantity Surveyor (Bridge/Structure)

Duties involve Quantity Survey, measurement of work done in accordance to ToR of Authority Engineer.
Qualifications:
Graduate in Engineering / Diploma in Civil Engineering with Experience 5 years (Graduate) or 8 years (Diploma) in
Quantity Survey relevant work in Bridge projects.
Quality Control Engineer (Highway).

The Candidate shall assist the Sr. Quality cum Material Expert for supervision of Field as well as Laboratory
Testing and Quality Control.
Qualifications:
Graduate in Engineering / Diploma in Civil Engineering with Experience 5 years (Graduate) or 8 years (Diploma) in Quality
Control work in highway projects.
Lab Technicians.
Qualifications:
They should be at least Diploma-holders with about 5 to 6 years of experience in handling the quality control tests laboratories
for road/bridge works or Graduates in Science with about 3 to 4 years of relevant experience in the field of testing of
road/bridge projects..
Design Engineer (Highway and bridges/structures).

The Candidate shall assist the Highway Design Engineer / Structural Design Engineer for review of Designs
carried out by the Contractor.
Qualifications:
58
Graduate in Engineering / Diploma in Civil Engineering with Experience 5 years (Graduate) or 8 years (Diploma) in similar
capacity.
Electrical Engineer.
The Candidate shall assist the Highway Design Engineer / Structural Design Engineer for review of Designs and
drawings pertaining to Electrical Installations and also supervise the work as and when required.
Qualifications:
Graduate in Electrical Engineering with Experience 10 years in similar capacity.
Hydrologist.
The Candidate shall assist the Highway Design Engineer / Structural Design Engineer for review of Designs and
drawings pertaining to Hydrology and Hydraulics of the Project and also supervise the work as and when
required.
Qualifications:
Graduate in Civil Engineering with relevant Experience of 10 years having worked in similar capacity.
BIM Manager.
Single point of contact for Authority and will ensure that the BIM deliverables are being provided in a form that is
suitable to the project.
Ensure the compliance to the guidelines are followed by contractors throughout the project duration
Ensure that the BIM deliverables are made as per the standards adopted by the project
Will be responsible for prepare periodic progress & performance reports
The BIM Manager will participate in periodic review meetings on the progress of the project on behalf of the AE
Qualifications:
Should have minimum 10 years of experience in the BIM field and previous knowledge of managing similar projects and
performing tasks related to BIM authoring and management.
Senior BIM Coordinator.

Manage that Common Data Environment / Engineering Content Management system procedures, standards and
workflows are followed by all the project stakeholders
Responsible to ensure a coordinated design delivered through the BIM Model. Primary responsibility would include
liasoning with the various stakeholders, arranging BIM coordination workshops and getting to a clash free model.
To ensure that the drawings are in line with the BIM model and even if there are certain instances that the drawings are
not extracted from the model, it is seen that the model comprehends the 2D designs.
To manage the flow Of RFIs and other deliverables between the Client, contractor and other stakeholder of the project.
To be involved at the execution stage to ensure that no new changes bring any undesired clashes on site and the site is
devoid of constructability issues.
To ensure that the model is integrated with the needed asset database required for effective facility management
through the virtual 3D model.
Qualifications:
Need to have an experience of 8 years in the construction field with 3 years of experience in the BIM Domain and have
substantial understanding of BIM processes and Products. Need to be adept at the implementation and enforcement of BIM
standards.
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SECTION 7: DRAFT FORM OF CONTRACT
Note: This draft Agreement is a generic document and shall be modified based on particulars of the
Project.
60
CONTRACT FOR CONSULTANT’SSERVICES
Between
(Name of Client)
And
(Name of Consultant)
Dated:
61
CONTENTS
Page No.
I. FORMOFCONTRACT…………………………………….. II GENERAL
CONDITIONS OF CONTRACT ……………….
1. General Provisions ……………………………………….
1.1 Definitions
1.2 Relation between the Parties
1.3 Law Governing the Contract
1.4 Language
1.5 Headings
1.6 Notices
1.7 Location
1.8 Authority of Member in charge
1.9 Authorized Representatives
1.10 Taxes and Duties
2. Commencement, Completion, Modification, and Termination of

Contract…………………………………………………..
2.1 Effectiveness of Contract………………………………….

2.2 Termination of Contract for Failure to Become Effective
2.3 Commencement of Services
2.4 Expiration of Contract
2.5 Entire Agreement
2.6 Modification
2.7 Force Majeure
2.7.1 Definition …………………………………………..
2.7.2 No Breach of Contract ……………………………..
2.7.3 Measures to be taken
2.7.4 Extension of Time
2.7.5 Payments
2.7.6 Consultation
2.8 Suspension … ………………………………………………
2.9 Termination ………………………………………..
2.9.1 By the Client………………………………
2.9.2 By the Consultants ………………………..
2.9.3 Cessation of Rights and Obligations ………
2.9.4 Cessation of Services ………………………
2.9.5 Payment upon Termination ………………..
2.9.6 Disputes about Events of Termination …….
3. Obligations of the Consultants ……………………
3.1 General
3.1.1 Standard of Performance …………..
3.1.2 Law Governing Services …………..
3.2 Conflict of Interests ……………………….

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3.2.1 Consultants not to Benefit from

Commissions, Discounts, etc.……..
3.2.2 Procurement Rules of Funding Agencies
3.2.3 Consultants and Affiliates Not to Engage in
certain Activities …………..
3.2.4 Prohibition of Conflicting Activities …
3.3 Confidentiality ………………………………..

3.4 Liability of the Consultants …………………..
3.5 Insurance to be Taken out by the Consultants …
3.6 Accounting, Inspection and Auditing ………….
3.7 Consultant’s Actions requiring Client’s prior Approval
3.8 Reporting Obligations …………………………..
3.9 Documents prepared by the Consultants ........... To Be
the Property of the Client ………………..
3.10 Equipment and Materials Furnished by the Client
4. Consultants’ Personnel and Sub-consultants ……………………..
4.1 General … ………………………………………………

4.2 Description of Personnel …………………………
4.3 Approval of Personnel ……………………………
4.4 Working Hours, Overtime, Leave etc.
4.5 Removal and /or Replacement of Personnel ……………
4.6 Resident Project Manager………………………….
5. Obligations of the Client ………………………………….
5.1 Assistance and Exemptions …………….

5.2 Access to Land ………………………….
5.3 Change in the Applicable Law ………….
5.4 Services, Facilities and Property of the Client 5.5
Payment … ………………………………
5.6 Counterpart Personnel………………….
6. Payments to the Consultants ……………………………..
6.1 Cost Estimates, Ceiling Amount ……………….

6.2 Remuneration and Reimbursable Expenditures…
6.3 Currency of Payment …………………………..

6.4 Mode of Billing and Payment ………………….
7. Fairness and Good Faith…………………………………………

7.1 Good Faith …………………………………….
7.2 Operation of the Contract ……………………..
8. 8.1 Amicable Settlement …………………………..

8.2 Dispute Settlement …………………………….
63
III SPECIAL CONDITIONS OF CONTRACT……………………
IV APPENDICES
Appendix A : Description of the Services ……………..

Appendix B : Reporting Requirements …………………
Appendix C : Key Personnel and Sub-consultants …….
Appendix D : Medical Certificate ……………..
Appendix E : Hours of Work for Key Personnel ……….
Appendix F : Duties of the Client ………………………
Appendix G : Cost Estimates
Appendix H : Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J : Letter of invitation
Appendix K : Letter of Award
Appendix L : Minutes of pre-bid meeting ……………
Appendix M : Memorandum of Understanding (in case of JV)
Appendix N : Form of Bank Guarantee for Bid Security
64
FORM OF CONTRACT:
COMPLEX TIME BASED ASSIGNMENTS
This CONTRACT (hereinafter called the “Contract”) is made the day of the Month of, 202……. ,
between ……………………… on the one hand (hereinafter Called the “Client) and ......... on the other
hand (Hereinafter called the “Consultants”)
[Note*: If the Consultants 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 severally liable to the Client for all the
Consultants’ obligations under this Contract, namely,……. and …….. (Hereinafter called
“Consultants”)]
WHEREAS
(a) the Client has requested the Consultants to provide certain consulting services as defined
in the General Conditions of Contract attached to this Contract (hereinafter called the
“Services”);
(b) the Consultants, having represented to the Client that they have the required
processional skills, and 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) The General Conditions of Contract (hereinafter called “GC”)’ (b) The
Special Conditions of Contract (hereinafter called “SC”);
(c) 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 and Sub-consultants …….
Appendix D: Medical Certificate ……………………….
Appendix E: Hours of Work for Key Personnel ……….
Appendix F: Duties of the Client ………………………
Appendix G: Cost Estimates
Appendix H: Form of Performance Bank Guarantee
Appendix I : Form of Bank Guarantee for Advance Payments
Appendix J: Letter of invitation
Appendix K: Letter of Award
Appendix-L: Minutes of pre-Bid Meeting
Appendix-M: Memorandum of Understanding (in case of JV)
Appendix-N: Form of Bank Guarantee for Bid Security
65
2. The mutual rights and obligations of the Client and the Consultants shall be as set forth in the
Contract; in particular
(b) The Consultants shall carry out the Services in accordance with the provisions of the
Contract; and
(c) The Client shall make payments to the Consultants 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.
FOR AND ON BEHALF OF

[NAME OF THE CLIENT]
By
(Authorized Representative)
FOR AND ON BEHALF OF

[NAME OF THE CONSULTANTS]
By
[Note: If the Consultants consist of more than one entity, all of these entities should appear as
signatures, e.g. in the following manner]
FOR AND ON BEHALF OF EACH OF

THE MEMBERS OF THE CONSULTANTS
[Name of the Member]
By
[Name of the Member]
By
Etc.
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GENERALCONDITIONSOF CONTRACT
1. General Provisions
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 Government’s country [or in such other country as may be specified in the Special
Conditions of Contract (SC)], 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) ‘foreign currency’ means any currency other than the currency of the Government;
(e) ‘GC means these General Conditions of Contract;
(f) “Government” means the Government of Client’s Country;
(g) ‘Local currency’ means the Indian Rupees;
(h) “Consultant” wherever mentioned in this Contract Agreement means the “Authority
Engineer (AE)” and includes sub-consultants or Associates engaged by the primary
consultant.
(i) “Member”, in case the Consultants consist of a joint venture of more than one entity, means
any of these entities, and “Members” means all of these entities;
(j) “Party’ means the Client or the Consultants, as the case may be, and Parties means both of
them;
(k) “Personnel” means persons hired by the Consultants or by any Sub-Consultants and or
Associates as Employees and assigned to the performance of the Services or any part
thereof; “Foreign Personnel” means such persons who at the time of being so hired had
their domicile outside the Government’s Country, “Local Personnel” means such persons
who at the time of being so hired had their domicile inside the Government’s Country;
and ‘key personnel’ means the personnel referred to in Clause GC 4.2 (a).
(l) "SC" means the Special Conditions of Contract by which these General Conditions of
Contract may be amended or supplemented;
(m) "Services" means the work to be performed by the Consultants pursuant to his contract,
as described in Appendix A hereto. The scope of work will be strictly as givenin various
Clauses in TOR. The approach and methodology to be adopted by the Consultant for
carrying out the assignment as Authority Engineer may be modified depending on the
site requirements and work programme of the EPC Contractor after mutual discussions
with Employer, the EPC Contractor and the Authority Engineer. The work plan as
indicated by the Consultant may be modified accordingly to the site requirements.
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(n) "Sub-consultant and or Associates " means any entity to which the Consultants
subcontract any part of the Services in accordance with the provisions of Clause GC 3.7;
and
(o) "Third Party" means any person or entity other than the Government, the Client, the
Consultants or a Sub-consultant.
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 Consultants. The Consultants, subject to this
Contract, have complete charge of Personnel and Sub- consultants, if any, performing the Services
and shall be fully responsible for the Services performed by them or on their behalf hereunder.
1.3 Law Governing Contract
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 ofthis Contract.
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, telegram 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 1.6.2.
1.7 Location
The Services shall be performed at such locations as are specified in Appendix A hereto
and, where the location of a particular task is not so specified, at such locations.
Whether in Government's Country or elsewhere, as the Client may approve.
1.8 Authority of Member in Charge
In case the Consultants 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
Consultants' 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 Consultants may be taken or executed
by the officials specified in the SC.
1.10 Taxes and Duties
Unless otherwise specified in the SC, the Consultants, Sub-consultants and Personnel shall
pay such taxes, duties, fees and other impositions as may be levied under the Applicable
Law. GST as applicable shall be paid to the consultant while making payment for services
rendered. The consultants shall then deposit the same with the tax authorities and provide a
proof of having done so within next 90 days in line with policy circulars issued by Employer.
68
.
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 Consultants instructing the Consultants 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 claim against the other Party with respect hereto.
2.3 Commencement of Services
The Consultants 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 as shall be specified in the SC.
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 as the
case may be, has been obtained. 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 a party or such Party's Sub- consultants or agents or 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 here under.
2.7.2 No Breach of Contract

The failure of a Party to fulfill 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
precautions, due care" and reasonable alternative measures, all with the objective of carrying
out the terms and conditions of this Contract.
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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 fulfill 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 Payments
During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultants shall be entitled to be reimbursed for additional costs reasonably
and necessarily incurred by them during such period for the purposes of the Services and in
reactivating the Services after the end of such period.
2.7.6 Consultation
Not later than thirty (30) days after the Consultants, 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 Consultants, suspend all payments to
the Consultants hereunder if the Consultants fail 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 Consultants to
remedy such failure within a period not exceeding thirty (30) days after receipt by the
Consultants 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
Consultants (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 (h) of this Clause GC 2.9.1, terminate this
Contract.
(a) if the Consultants fail 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 within such
further period as the Client may have subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one entity, if any
of their Members becomes) insolvent or bankrupt or enter into any agreements 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 Consultants fail to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause GC 8 hereof;
(d) if the Consultants submit to the Client a statement which has a material effect on the rights,
obligations or interests of the Client and which the Consultants know to be false;
70
(e) if, as the result of Force Majeure, the Consultants are unable to perform a material portion of
the Services for a period of not less than sixty (60) days; or
(f) if the Client, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract.
(g) if the consultant, 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 consultants (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.
(h) if EPC Contractor represents to Employer that the Consultant is not discharging his duties ina
fair, efficient and diligent manner and if the dispute remains unresolved, Employer may
terminate this contract.
(i) Fake CV: If any case of fake/incorrect/inflated CV is found, it shall be dealt with very severely
and would result in all possible penal action including blacklisting from future projects of
MSRDC. This would also apply even when the consulting firm is not successful in getting the
assignment. In case CV of a person is turned out to be fake/incorrect/inflated during the
assignment, the consultancy firm will have to refund the salary and perks drawn including
interest at 12 % per annum in respect of the person apart from other consequences. In
addition to above, 10% of the salary and perks to be refunded shall be recovered from the
firm as penalty
2.9.2 By the Consultants
The Consultants 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 money due to the Consultants 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 Consultants 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 Consultants
may have subsequently approved in writing) following the receipt by the Client of the
Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants 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
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 expirationof
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;
71
(iii) the Consultants' 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 Consultants 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 Consultants and equipment and materials furnished by the Client, the
Consultants shall proceed as provided, respectively, by Clauses GC 3.9 or GC 3.10 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 Consultants (after offsetting against these paymentsany
amount that may be due from the Consultant to the Client} :
(a) remuneration pursuant to Clause GC 6 hereof for Services satisfactorily performed prior to
the effective date of termination;
(b) reimbursable 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 Consultants'
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.
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3. Obligation of the Consultants
3.1 General
3.1.1. Standard of Performance
The Consultants 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 Consultants 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 Sub-consultants orThird Parties.
3.1.2 Law Governing Services
The Consultants shall perform the Services in accordance with the Applicable Law and shall take
all practicable steps to ensure that any Sub- consultants and or Associates, as well as the
Personnel of the Consultants and any Sub- consultants and or Associates, comply with the Applicable
Law. The Client shall advise the Consultants in writing of relevant local customs and the
Consultants shall, after such notifications, respect such customs.
3.2 Conflict of Interests
3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.
The Remuneration of the Consultants pursuant to Clause GC 6 hereof shall constitute the
Consultants' sole remuneration in connection with this Contract or the Services and, subjectto
Clause GC 3.2.2 hereof, the Consultants shall not accept for their own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this Contractor
to the Services or in the discharge of their obligations hereunder, and the Consultants shall
use their best efforts to ensure that any Sub- consultants and or Associates, as well as the Personnel
and agents of either of them, similarly shall not receive any such additional remuneration.
3.2.2 If the Consultants, as part of the Services, have the responsibility of advising the Client on the
procurement of goods, works or services, the Consultants shall comply with any applicable
procurement guidelines of the Client (Employer)and or Associates 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 or commissions obtained by the Co n sult a nts in
the exercise of such procurement responsibility shall be for the account of the Client.
3.2.3 Consultants and Affiliates Not to engage in Certain Activities

The Consultants agree that, during the term of this Contract and after its termination, the
Consultants and any entity affiliated with the Consultants, as well as any Sub- consultant and or
Associates and any entity affiliated with such Sub consultant and or Associates, shall be
disqualified from providing goods works or services (other than the Services and any continuation
thereof) for any project resulting from or closely related to the Services.
3.2.4 Prohibition of Conflicting Activities
The Consultants shall not engage, and shall cause their Personnel as well as their Sub- consultants and
or Associates and 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.
73
3.3 Confidentiality
The Consultants, their Sub-consultants and the Personnel of either of them 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 Consultants

Subject to additional provisions, if any, set forth in the SC, the Consultants’ liability under this
Contract shall be as provided by the Applicable Law.
3.5 Insurance to be Taken Out by the Consultants
The Consultants (i) shall take out and maintain, and shall cause any Sub-consultants to take out
and maintain, at their ( or the Sub-consultants', as the case may be) own cost but on terms and
conditions approved by the Client, insurance against the risks, and for the coverages, 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 Consultants (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 Consultant's
accounts and records relating to the performance of the Consultant and to have them audited by
auditors appointed by the client.
3.7 Consultants' Actions Requiring Client's Prior Approval
The Consultants shall obtain the Client's prior approval in writing before taking any of the following
actions:
(a) appointing such members of the Personnel as are listed in Appendix C ("Consultants' Sub-
consultants' Key Personnel") merely by title but not by name;
(b) entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub-consultant and the terms and conditions of the
subcontract shall have been approved in writing by the Client prior to the execution of the
subcontract, and (ii) that the Consultants shall remain fully liable for the performance of the
Services by the Sub- consultant and its Personnel pursuant to this Contract; and
(c) any other action that may be specified in the SC
3.8 Reporting Obligations
The Consultants shall submit to the Client the reports and documents specified in AppendixB
hereto, in the form, in the numbers and within the time periods set forth in the said Appendix.
3.9 Documents Prepared by the Consultants to Be the Property of the Client
All plans, drawings, specifications, designs, reports, other documents and software prepared by
the Consultants for the Client under this Contract shall become and remain the property of the
Client, and the Consultants shall, not later than upon termination or expiration of this Contract,
deliver all such documents to the Client, together with a detailed inventory thereof. The
Consultants may retain a copy of such documents and software. Restrictions about the
74
future use of these documents and software, if any, shall be specified in the SC.
3.10 Equipment and Materials Furnished by the Client
Equipment and materials made available to the Consultants by the Client, or purchased by the
Consultants with funds provided by the Client, shall be the property of the Client and shall be
marked accordingly. Upon termination or expiration of this Contract, the Consultants shall make
available to the Client an inventory of such equipment and materials and shall dispose of- such
equipment and materials in accordance with the Client's instructions. While in possession of such
equipment and materials, the Consultants, unless otherwise instructed by the Client in writing,
shall insure them at the expense of the Client in an amount equal to their full replacement value.
4. Consultants' Personnel and Sub-consultants and or Associates

4.1 General
The Consultants shall employ and provide such qualified and experienced Personnel and Sub-
consultants as are required to carry out the Services.
4.2 Description of Personnel
(a) The titles, agreed job descriptions, minimum qualification and estimated periods of
engagement in the carrying out of the Services of each of the Consultants'
Key Personnel are described in Appendix C. If any of the Key Personnel has already been approved by the
clients 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 Consultants 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.
(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 Consultants, provided that
any such increase shall not, except as otherwise agreed, cause payments under this
Contract to exceed the ceilings set forth in Clause GC 6.1 (b) of this Contract.
4.3 Approval of Personnel
The Key Personnel i.e. Professional Staff and Sub-consultants listed by title as well as by name in
Appendix C are hereby approved by the Client. In respect of other Key Personnel which the
Consultants propose, to use in the carrying out of the Services, the Consultants shall submit to the
client for review and approval a copy of their biographical data and (in the case of Key personnel
to be used within the country of the Government) a copy of a satisfactory medical certificate in the
form attached hereto as Appendix D. 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
and (if applicable) such certificate, 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 Appendix E hereto. To
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account for travel time, foreign Personnel carrying out Services inside the Government's
country shall be deemed to have commenced (or finished) work in respect of the Services
such number of days before their arrival in (or after their departure from) the Government's
country as is specified in Appendix E hereto.
(b) The Personnel of all types engaged by Consultant to provide Services on this Contract shall
not be entitled to be paid for overtime nor to take paid sick leave or vacation leave except
as specified in Appendix E hereto, and except as specified in such
Appendix, the Consultants' remuneration shall be deemed to cover these items. All
leave to be allowed to the Personnel is 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 Consultants 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 Consultants, it
becomes necessary to replace any of the Personnel, the Consultants 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 Consultants
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.
(c) Any of the Personnel provided as a replacement under Clauses (a) and (b) above, the
rate of remuneration applicable to such person as well as any reimbursable expenditures
(including expenditures due to the number of eligible dependents) the Consultants may
wish to claim as a result of such replacement, shall be subject to the prior written
approval by the Client. Except as the Client may otherwise agree, (i) the Consultants shall
bear all additional travel and other costs arising out of or incidental to any removal
and/or replacement, and (ii) the remuneration to be paid to any of the Key Personnel
provided as a replacement shall be 90% of the remuneration which would have been
payable to the Key Personnel replaced. However, for the reason other than
death/extreme medical ground, (i) for total replacement up to 33% of key personnel,
remuneration shall be reduced by 20% (ii) for total replacement up to between 33% to
50%, remuneration shall be reduced by
25% and (iii) for total replacement up to between 50% to 66%, remuneration shall be
reduced by 30% (iv) For total replacements beyond 66% of the key personnel the client
shall initiate action of higher penalty/termination/debarment up to 2 years as
considered appropriate.
(d) In order to prevent the tendency of the personnel and consulting firm to submit
incorrect and inflated CV, they should sign every page of CV before submission in order
to authenticate that CV furnished by them is correct. The consulting firm and the
personnel through consulting firm should be informed by Employer while accepting CV of
the new personnel that if CV is found in correct and inflated at a later date, the
personnel accepted would be removed from his assignment and debarred from
further Employer’s works for an appropriate period to be decided by Employer and
the new proposed personnel in place of removed personnel would be paid 15% less
salary than the original personnel. 15% reduction in the salary will be imposed as a
penalty for submitting the incorrect information. This penalty will be imposed only
once. If the same consulting firm submits incorrect information again second time,
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necessary action will be taken by Employer to black-list that firm.
4.6 Resident Project Manager

If required by the SC, the Consultants shall ensure that at all times during the Consultants'
performance of the Services in the Government’s country a resident project manager,
acceptable to the Client, shall take charge of the performance of such Services.
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 Consultants, Sub-consultants and Personnel with work permits and such
other documents as shall be necessary to enable the Consultants, Sub- consultants or
Personnel to perform 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 Consultants and the Personnel and any Sub-consultants and or Associates
employed by the Consultants 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) grant to the Consultants, any Sub-consultants and or Associates and the Personnel of
either of them the privilege, pursuant to the Applicable Law, of bringing into
Government's country reasonable amounts of foreign currency for the purposes of the
Services or for the personal use of the Personnel and their dependents and of
withdrawing any such amounts as may be earned therein by the Personnel in the
execution of the Services: and
(g) Provide to the Consultants, Sub-consultants and or Associates and Personnel any such
other assistance as may be specified in the SC.
5.2 Access to Land
The Client warrants that the Consultants 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 Consultants 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
Consultants or any Sub-consultant 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
77
to taxes and duties which increases or decreases the cost or reimbursable expenses incurred by
the Consultants in performing the Services, then the remuneration and reimbursable expenses
otherwise payable to the Consultants 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 Consultants 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 Consultants as and when so specified, the Parties shall
agree on (i) any time extension that it may be appropriate to grant to the Consultants for the
performance of the Services, (ii) the manner in which the Consultants shall procure any such services,
facilities and property from other sources, and (iii) the additional payments, if any,to be made
to the Consultants as a result thereof pursuant to Clause GC 6.l(c) hereinafter.
5.5 Payment
In consideration of the Services performed by the Consultants under this Contract, the Client shall
make to the Consultants such payments and in such manner as is provided by 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 Consultants, as
and when provided in such Appendix F, and free of charge, such counterpart personnel
to be selected by the Client, with the Consultants' advice, as shall be specified in such
Appendix F. Counterpart personnel shall work under the exclusive direction of the
Consultants. If any member of the counterpart personnel fails to perform adequately any
work assigned to him by the Consultants which is consistent with the position occupied by
such member, the Consultants 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 Consultants as and when
specified in Appendix F, the Client and the Consultants 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 Consultants as a result thereof pursuant to Clause GC 6.1(c)
hereof
6. Payments to the Consultants
6.1 Cost Estimates; Ceiling Amount
(a) An estimate of the cost of the Services payable is set forth in Appendix G.
(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 the ceilings specified in the SC. The
Consultants shall notify the Client as soon as cumulative charges incurred for the Services
have reached 80% of these ceilings.
(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
Consultants 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 Reimbursable Expenditures

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(a) Subject to the ceilings specified in Clause GC 6.1 (b) hereof, the Client shall pay to the
Consultants (i) remuneration as set forth in Clause GC 6.2(b), and (ii) reimbursable
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) Reimbursable expenditures actually and reasonably incurred by the Consultants in the
performance of the Services, as specified in Clause SC 6.3(b).
6.3 Currency of Payment

All payments shall be made in Indian Rupees and shall be subjected to applicable Indian laws
withholding taxes if any.
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 Consultants 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 Consultants to the Client of a bank guarantee by a bank acceptable
to the Client in an amount (or amounts) and in a currency (o r 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 Consultants 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. Each monthly statement shall distinguish that portion of
the total eligible costs which pertains to remuneration from that portion which pertains
to reimbursable expenditures.
(c) The Client shall cause the payment of the Consultants 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. Should any discrepancy be
found to exist between actual payment and costs authorized to be incurred by the
Consultants, 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 Consultants 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 Consultants specifying in detail deficiencies in the
Services, the final report or final statement. The Consultants 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
79
payable in accordance with the provisions of this Contract shall be reimbursed by the
Consultants to the Client within thirty, (30) days after receipt by the Consultants 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 in accordance with the above.
(e) All payments under this Contract shall be made to the account of the Consultants 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. Settlement of Disputes
8.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection
with this Contract or the interpretation thereof.
8.2 Dispute Settlement
The parties shall seek to resolve in good faith any dispute or difference arising between them in
respect of any matters connected with this agreement. If the parties cannot resolve any dispute
or difference within 14 days or such a period as they parties may subsequently to the following:
8.2.1 Dispute shall be settled by arbitration in accordance with the following provisions:
In case of dispute, the authority shall nominate any person, who shall be retired secretary of
government of Maharashtra. Such a person to be nominated by VC&MD, MSRDC, as a sole
arbitrator within 28 days of receipt of consultants notice for non-acceptance of authority
decision. The arbitrator so nominated shall carry out arbitration proceedings in accordance with the
arbitration and conciliation act 1996 or any modification thereof. The decision of the sole
arbitrator so nominated shall be final and binding on the parties.
8.2.2 Arbitration may be commenced during or after the contract period provided that the obligation
of MSRDC and the consultant shall not be altered by reason of the arbitration being conducted
during the contract period.
8.2.3 Arbitration proceedings shall be held at Mumbai, India and the language of the arbitration
proceedings and that of all documents and communication between the parties shall be English
80
8.2.4 The expenses incurred by each party in connection with the preparation, presentation etc. Of
its proceeding shall be borne by each parties itself.
8.2.5 The fees and expenses of the sole arbitrator shall be borne in equal share by the parties
9. Stamp Duty:
All cost, charges and expenses of and incidental to drawings, engrossing, completing the agreement in
duplicate including stamp duty and registration charges shall be borne and paid by the consultant only.
The registration the agreement shall be the sole responsibilities of the consultant.
10. Fake CV:

If any case of fake/incorrect/inflated CV is found, it shall be dealt with very severely and would result
in all possible penal action including blacklisting from future projects of MSRDC. This would also apply
even when the consulting firm is not successful in getting the assignment. In case CV of a person is
turned out to be fake/incorrect/inflated during the assignment, the consultancy firm will have to refund
the salary and perks drawn including interest at 12 % per annum in respect of the person apart from
other consequences. In addition to above, 10% of the salary and perks to be refunded shall be recovered
from the firm as penalty
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III. SPECIAL CONDITIONS OF CONTRACT
GC Clauses:
A. Amendments of, and Supplements to, Clauses in the General Conditions of

Contract
1.1(a) The words’ ‘in the Government’s country” are amended to read ‘in INDIA”
1.4 The language is: English
1.6.1 The addresses are:

Client: Address of Employer
Attention:
Telex:
Facsimile :
Consultant: Address of Consultant

Attention:
Cable address:
Telex :
Facsimile :
[Note’: Fill in the Blanks]
1.6.2 Notice will be deemed to be effective as follows:
(a) in the case of personal delivery or registered mail, on delivery;
(b) in the case of telexes, 24 hours following confirmed transmission;
(c) in the case of telegrams, 24 hours following confirmed transmission; and
(d) in the case of facsimiles, 24 hours following confirmed transmission.
1.8 The Member in Charge is: Member (Name & Designation)
(Note: If the Consultants consist of a joint venture of more than one entity, the name of
the entity whose address is specified in SC 1.6.1 should be inserted here. If the Consultants
consist of one entity, this Clause 1.8 should be deleted from the SC)
1.9 The Authorized Representativeare:

For the Client:
For the Consultants:
1.10 The Consultants, Sub-consultants and the Personnel shall pay the taxes, duties, fees,
levies and other impositions levied under the existing, amended or enacted 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.
82
2.1 The effectiveness conditions are the following:
i) Approval of the Contract by the client
2.2 The time period shall be four months or such other time period as the parties
may agree in writing.
2.3 The time period shall be one month or such other time period as the Parties
may agree in writing.
2.4 The time period shall be 90 months (30 month for construction period and 60
monthsfor Maintenance period)
3.4 Limitation of the Consultants' Liability towards the Client
(a) Except in case of gross negligence or willful misconduct on the part of the Consultants
or on the part of any person or firm acting on behalf of the Consultants in carrying
out the Services, the Consultants, with respect to damage caused by the Consultants
to the Client's property, shall not be liable to the Client:
i) for any indirect or consequential loss or damage; and

ii) Consultant will maintain at its expenses; Professional Liability Insuranceincluding
coverage for errors and omissions caused by Consultant’s negligence in the
performance of its duties under this agreement, (A) For the amount not
exceeding total payments for Professional Fees and Reimbursable Expenditures
made or expected to be made to the Consultants hereunder OR (B) the proceeds,
the Consultants may be entitled to receive from any insurance maintained by
the Consultants to cover such a liability, whichever of (A) or (B) is higher.
iii) The policy should be issued only from an Insurance Company operating in
India.
iv) The policy must clearly indicate the limit of indemnity in terms of “Any
One Accident” (AOA) and “Aggregate limit on the policy period” (AOP) and in no
case should be for an amount less than stated in the contract.
v) If the Consultant enters into an agreement with Employer in a joint venture or ‘in
association’, the policy must be procured and provided to Employer by the joint
venture/in association entity and not by the individual partners of the joint
venture/association.
vi) The contract may include a provision thereby the Consultant does not cancel the
policy midterm without the consent of the Employer. The insurance company
may provide an undertaking in this regard.
(b) This limitation of liability shall not affect the Consultants' liability, if any, for damage
to Third Parties caused by the Consultants or any person or firm acting on behalf of
the Consultants in carrying out the Services.
(c) Professional Liability Insurance may be accepted for initially one year which shall be
extended annually for five years. PLI shall be uniformly taken for a period of five
years.
3.5 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 Consultants or their Personnel or
any Sub-consultants or their Personnel for t h e period of consultancy.
(b) Third Party liability insurance with a minimum coverage, of Rs. 1.0 million for the period
of consultancy.
83
(c) Professional liability insurance as per 3.4 (a) (ii) of SC of the consultancy, with a
minimum coverage equal to estimated remuneration and reimbursable.
(d) Employer's liability and workers' compensation insurance in respect of the
(e) Personnel of the Consultants and of any Sub-consultant, 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
(f) Insurance against loss of or damage to (i) equipment purchased in whole or in part with
funds provided under this Contract, (ii) the Consultants' property used in the
performance of the Services, and (iii) any documents prepared by the Consultants in the
performance of the Services.
3.7 (c) The other actions are
(i) taking any action under a civil works contract designating the Consultants as "Authority’s
Engineer", for which action, pursuant to such civil works contract, the written approval of
the Client as "Employer" is required".
3.9 The Consultants shall not use these documents for purposes unrelated to this Contract
without the prior written approval of the Client.
4.6 "The person designated as Team Leader cum Sr. Highway Engineer in Appendix C shall serve in that
capacity, as specified in Clause GC 4.6."
6.1(b) The amount payable Indian Rupee is:
6.2(a) "Payments for remuneration made in accordance with Clause GC 6:2(a) in shall be adjusted as
follows:
(i) Consultants shall be paid billing rates for services rendered by the personnel of all
categories namely (i) key Personnel; (ii) sub-Professional personnel and (iii) Support
staff on man-month wise. For calculating billing rates of remaining items of the
financial proposal, namely (i) transportation, (ii) Duty travel to site (iii) Office Rent, (iv)
office supplies communication etc. (v) Reports & document printing and (vi) survey
equipment etc. quoted amount of selected consultant will be converted to percentage of
civil work cost quoted by civil contractor and payment will be made in proportionate to
the financial progress of the civil work.
6.2(b)(i) (1) It is understood (i) that the remuneration rates shall cover (A) such salaries and
allowances as the Consultants shall have agreed to pay to the Personnel as well as
factors for social charges and overhead, and (B) the cost of backstopping by home
office staff not included in the Personnel listed in Appendix C, and (C) the Consultants'
fee; (ii) that bonuses or other means of profit-sharing shall not be
allowed as an element of overhead, and (iii) that any rates specified for persons not
yet appointed shall be provisional and shall be subject to revision, with the written
approval of the Client, once the applicable salaries and allowances are known.
(2) Remuneration for periods of less than one month shall be calculated on an hourly basis
for actual time spent in the Consultants' home 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 home office (one day being equivalent to 1/30th ofa month).
6.2(b) (ii) The rates for foreign and local Personnel are set forth in Appendix G
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6.4(a) The following provisions shall apply to the interest bearing advance payment and the
advance payment guarantee:
1) An advance payment of 10% of the contract price in proportion to the quoted Indian
currency (INR) in the bid shall be made within 60 days after receipt and verification of
advance payment bank guarantee. The advance payment along with interest will be set
off by the Client in equal instalments against the statements for the first 12 months of the
Service until the advance payment has been fully set off. The advance payment shall be
in Indian Rupee.
2) The bank guarantee shall be in the amount and in the currency of the advance payment.
3) Interest rate shall be 10% per annum (on outstanding amount).
8 .2 Dispute Settlement
The parties shall seek to resolve in good faith any dispute or difference arising between them in
respect of any matters connected with this agreement. If the parties cannot resolve any dispute
or difference within 14 days or such a period as they parties may subsequently to the following:
8.2.1 Dispute shall be settled by arbitration in accordance with the following provisions:
In case of dispute, the authority shall nominate any person, who shall be retired secretary of
government of Maharashtra. Such a person to be nominated by VC&MD, MSRDC, as a sole
arbitrator within 28 days of receipt of consultants notice for non-acceptance of authority
decision. The arbitrator so nominated shall carry out arbitration proceedings in accordance with
the arbitration and conciliation act 1996 or any modification thereof. The decision of the sole
arbitrator so nominated shall be final and binding on the parties.
8.2.2 Arbitration may be commenced during or after the contract period provided that the obligation
of MSRDC and the consultant shall not be altered by reason of the arbitration being conducted
during the contract period.
8.2.3 Arbitration proceedings shall be held at Mumbai, India and the language of the arbitration
proceedings and that of all documents and communication between the parties shall be English
8.2.4 The expenses incurred by each party in connection with the preparation, presentation etc. Of
its proceeding shall be borne by each parties itself.
8.2.5 The fees and expenses of the sole arbitrator shall be borne in equal share by the parties
85
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
86
Appendix B: Reporting Requirements
[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
87
Appendix C: Key Personnel and Sub-consultants
[List under: C-l Titles [and names, if already available}, detailed job descriptions and
minimum qualifications. experience of Personnel to be assigned to work in
India, and staff- months for each.
C-2 Same information as C-l for Key local Personnel.
C-3 Same as C-l for Key foreign Personnel to be assigned to work outside
India.
C-4 List of approved Sub-consultants [if already available]; same information

with respect to their Personnel as in C-l through C-4)
Please refer TOR
88
Appendix D: Medical Certificate
[Show here an acceptable form of medical certificate for foreign Personnel to be stationed in India.
If there is no need for a medical certificate, state here: "Not applicable. "]
The form of Medical Certificate as required under the rules of MSRDC
89
Appendix E: Hours of Work for Key Personnel
The Consultants Key personnel and all other Professional / Sub Professional / Support Staff / Sub-
Consultancy personnel shall work 6 days (Mondays through Saturday) every week and observe the
Gazette Holidays of Government of India as Holidays. The Consultant shall work as per the work
program of the EPC Contractor. In this context in case the work plan of the Consultant needs
suitable modifications, the same shall be carried out and submitted to the client for consideration.
The Consultants hours of work normally shall match with that of Contractor’s activities on the site.
No extra remuneration shall be claimed or paid for extra hours of work required in the interest of
Project completion.
In respect of foreign personnel, one day per trip as travel time from and to the country of the
Government shall be allowed.
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Appendix F: Duties of the Client
[List here under:
F-1 Services, facilities and property to be made available to the Consultants by the
Client.
F-2 Counterpart personnel to be made available to the Consultants by the

Client.]
Please refer TOR
91
Appendix G: Cost Estimates
List hereunder cost estimate in INR:
1. Monthly rates for local Personnel (Key Personnel and other Personnel)
2. Reimbursable/Rental/Fixed expenditures as follows:
a. Cost of local transportation.
b. Cost of other local services, rentals, utilities, etc.
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Appendix H: FORM OF PERFORMANCE SECURITY (PERFORMAMANCE

BANKGUARANTEE)
(Clause-13 of TOR)
To
Address of Employer:
WHEREAS
1
[Name and address of Consultants (hereinafter called “the consultants”)
has undertaken, in pursuance of Contract
No. Dated
to provides the services on terms a n d 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 Consultants 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 Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Consultants up to a total of
2
[Amount of Guarantee]
[in words], 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 Consultants 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 Consultants 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 consultants 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 ........................ Unless a claim or a demand in writing is made upon us on or before
all our liability under this guarantee shall cease.
This guarantee shall be valid for a period of 38 months i.e. up to 2 months beyond the expiry of contract
of 36 months.
93
Signature and Seal of the Guarantor In presence of
Name and Designation 1.
(Name, Signature &

Occupation)
Name of the Bank
Address 2.
(Name & Occupation)

Date
1
Give names of all partners if the Consultants is a Joint Venture.
94
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)
Ref: Bank Guarantee:
Date:
Dear Sir,
In consideration of M/s. (hereinafter referred as the "Client", which expression shall,

unless repugnant to the context or meaning thereof include it successors, administrators and
assigns) having awarded to M/s.
(hereinafter referred to as the "Consultant" which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a contract by issue of client's Contract Agreement No.
dated and the same having been
unequivocally accepted by the Consultant, resulting in a Contract valued at
for Contract (hereinafter called the "Contract")
(Scope of work)
and the Client having agreed to make an advance payment to the Consultant for performance of the
above Contract amounting to (in words and figures) as an advance against Bank Guarantee to be
furnished by the Consultant.
We
(Name of the Bank) having its Head Office at (hereinafter referred to as the Bank), which expression
shall, unless repugnant to the context or meaning thereof, include its successors, administrators
executors and assigns) do hereby guarantee and undertake to pay the client immediately on demand any
or, all money payable by the Consultant to the extent of - as aforesaid at any time up to
@ without any demur,
reservation, contest, recourse or protest and/or without any reference to the consultant. Any such
demand made by the client on the Bank shall be conclusive and binding notwithstanding any difference
between the Client and the Consultant or any dispute pending before any Court, Tribunal, Arbitrator
or any other authority. we agree that the Guarantee herein contained shallbeirrevocable 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 Consultant. 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 Client 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
Consultant any 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
95
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
Consultant and notwithstanding any security or other guarantee that the Client may have in relation
to the Consultant's 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
WITNESS
(Signature)
(Signature)
(Name)
(Name)
96
(Official Address) Designation (with Bank stamp)

Attorney as per Power of
Attorney 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 or reputed foreign commercial Bank
acceptable to client for Foreign Consultant with counter guarantee from Nationalized Bank. Bank
guarantee furnished by foreign consultant shall be confirmed by any Nationalized Bank in India.
97
Appendix J
Letter of invitation
98
Appendix K
Letter of Award
99
Appendix L
Minutes of pre-bid meeting
100
Appendix – M: MOU
Between:
And
Whereas the Maharashtra State Road Development Corporation (MSRDC) (the

‘Employer’) has invited proposal for appointment of Authority’s Engineer for (Name of project)
hereinafter called the Project.
And Whereas (Lead Partner) and JV

Partner/s have agreed to form a Joint Venture to provide the said services to the Employer as
Authority’s Engineer; and
Now, therefore, it is hereby agreed by and on behalf of the partners as follows:
(i) will be the lead partner and will be the other JV

partner/s.
(ii) (lead partner) shall be the in charge of overall administration of contract

and shall be authorized representative of all JV partners for conducting all businessfor and on
behalf of the JV during the bidding process and subsequently, represent the joint venture for
and on behalf of the JV for all contractual matters for dealing with the Employer/EPC
Contractor if Consultancy work is awarded to JV.
(iii) All JV partners do hereby undertake to be jointly and severely responsible for all the
obligation and liabilities relating to the consultancy work and in accordance with the Terms
of Reference of the Request for Proposal for the Consultancy Services.
(iv) Subsequently, if the JV is selected to provide the desired consultancy services, a detailed
MOU indicating the specific project inputs and role of each partner/s along with percentage
sharing of cost of services shall be submitted to the Employer (Consultant may submit the
detailed MOU along with percentage sharing of cost at the time of bidding also).
For (Name of Lead partner)
Managing Director/Head of the Firm

Address
For (Name of JV partner/s)
Managing Director/Head of the Firm

Address
For (Name of Associate Partner/s)
101
Appendix-N
BANK GUARANTEE FORMAT FOR BID SECURITY

(To be stamped in accordance with Stamp Act if any, of the country of issuing bank)
Ref.: Tender No. , dated
Bank Guarantee:
Date
: WHEREAS, (Name of Consultant)(hereinafter called “the bidder”) has
submitted his bid dated (date) for the Tender No. , dated
(hereinafter called “the Bid”).
KNOW ALL MEN by these presents that We, [Name of Bank) of

[Name of Country] having our registered office at
(hereinafter called “the Bank”) are bound unto
[Name of Employer] (hereinafter
called “the Employer”) in the sum of Rs. (Rupees Lakhs Only) for which payment will
and truly to be made to the said Employer the Bank binds himself, his successors and assigns by these
presents.
SEALED with the Common Seal of the said Bank this day of 2024.
THE CONDITIONS of this obligation are:
1. If the Bidder withdraws his Bid during the period of bid validity specified in the Bid document; or
2. If the Bidder does not accept the correction of arithmetical errors of his Bid Price in accordance
with the Instructions to Bidder; or
3. If the Bidder having been notified of the acceptance of his Bid by the Employer during the period
of bid validity,
a. fails or refuses to execute the Form of Agreement in accordance with the Instructions to
Consultants, if required; or
b. fails or refuses to furnish the Performance Security, in accordance with the Instructions
to Consultants,
we undertake to pay the Employer up to the above amount upon receipt of his first written demand,
without the Employer having to substantiate his demand, provided that in his demand the Employer
will note that the amount claimed by him is due to him owing to the occurrence of one or any
of the conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date 180 (one hundred and eighty) days after the
deadline for submission of bids as such deadline is stated in the Instructions to Consultants or as it may
be extended by the Employer, notice of which extension(s) to the Bank is hereby waived. Any demand
in respect of this Guarantee should reach the Bank not later than the above date.
Notwithstanding anything contained herein before, our liability under this guarantee is restricted
to Rs. _ (Rs._ ) and the guarantee shall remain valid till .
Unless a claim or a demand in writing is made upon us on or before all our liabilityunder
this guarantee shall cease.
DATE
SIGNATURE OF THE BANK

SEAL OF THE BANK
SIGNATURE OF THE WITNESS
Name and Address of the Witness
The bank guarantee shall be issued by a bank (Nationalized/Scheduled) located in India
102
DISCLAIMER
The Applicant must read all the instructions in the RFP and submit the same accordingly.
103

Nagpur-Chandrapur PKG NC 1 & 2

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MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION

CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER

CONSULTANCY SERVICES FOR AUTHORITY’S ENGINEER FOR

REQUEST FOR PROPOSAL (RFP)

Maharashtra State Road Development Corporation Ltd.

Sr. No. Particulars Page Nos.

1 SECTION 1: Information to Consultants 3-7

2 SECTION 2: Letter of Invitation 8-19

SECTION 3: Format for Submission of Firms

SECTION 4: Format for Submission

SECTION 5: Format for submission

6 SECTION 6: Terms of Reference 44-60

7 SECTION 7: Draft Form of Contract 61-103

REQUESTFOR PROPOSAL (RFP)

TABLE 1: DETAILS OF PROJECT

Sr. Consultancy AE State Project Project Length (Km) / Assignment Period

4. MSRDC intends to appoint a Consultant to act as Authority’s Engineer for implementation

Unqualified Consultants would be informed regarding their non-qualification, without any

Proposals by JV/Consortium: In case the applicant is a Joint venture / consortium it is to be

A. Eligibility criteria for sole applicant firm.

ii) The firm should have The firm should have

a) All the JV members shall fulfill the criteria requirements jointly.

Year of completion of services / turnover Enhancement factor

SECTION 2. LETTER OF INVITATION TO CONSULTANTS

2. CLARIFICATIONS AND AMENDMENT OF RFP DOCUMENTS

Part 1: Technical Proposal

4. SUBMISSION, RECEIPT ANDOPENING OF PROPOSALS

4.1 PREPARATION & SUBMISSION OF APPLICATIONS:

A. Only Electronic Form (to be uploaded on the E-tendering portal of Employer)

(a) Technical proposal as indicated in para ‘B’ below

(I) Technical Proposal in Hard Bound Form including

(Address of Employer’s Representative :)

4.2 Modification / Substitution/ Withdrawal of bids:

4.3 OPENING ANDEVALUATION OF APPLICATIONS:

Sub clause No. in Letter of Invitation to Consultants

Address of Employer’s Representative:

Table-1: Evaluation Criteria for Technical Proposal

4 Qualification and Relevant Experience of theProposed 50

(a) Average annual turnover for last three years Points

Annual turnover (updatedaverage of last 3 years) of the firm from 5

(b) Experience of consultancy related Assignments 25 Points

(i) Feasibility Study / DPR/ Detailed design project of single 2

Over 1.5 km length 2

(ii) PMC/AE/IE /GC/ Construction supervision project of single 3

(iii) Feasibility Study / DPR for construction of a single access- 5

(iv) PMC/AE/IE /Construction supervision for construction of a single 5

(v) Feasibility Study / DPR for construction of access-controlled 5

Over 105 km length 5

(vi) PMC/AE/IE /Construction supervision for construction of access- 5

Over 105 km length 5

NOTE: For the above criteria Only Projects completed or

SECTION 3. FORMATS FOR SUBMISSION OF FIRMS CREDENTIALS

NOTE: - Year of Establishment of Lead Partner of JV shall be considered. *Copy of Certificate of

iii. Office/Business Address/Telephone nos. /Cable Address.

Sl. No. Particular 2022-2023 2021-2022 2020-2021

vii. Experience as Independent Consultant/Construction supervision.

A. Completed / Substantially completed projects:

SECTION 4. FORMAT FOR SUBMISSION OF TECHNICAL PROPOSAL

Appendix B-1 Technical proposal submission form.