Municipal Corporation Gurgaonmcg.etenders.in/tpoimages/mcg/tender/Tender2295.pdfHotel Waste),...

Conducting feasibility study for setting up waste to energy plant

Municipal Corporation Gurgaon

CONTRACT DOCUMENT CONTRACT DOCUMENT CONTRACT DOCUMENT CONTRACT DOCUMENT

For Procurement of Civil/Mechanical/Electrical Works under Local

Competitive Bidding Procedure.

Name of Work:Request for ProposaWaste to Energy Plant (Bio-methanation of Organic WasteWaste), Gurgaon

feasibility study for setting up waste to energy plant

Municipal Corporation Gurgaon

TENDERTENDERTENDERTENDER

and and and and

CONTRACT DOCUMENT CONTRACT DOCUMENT CONTRACT DOCUMENT CONTRACT DOCUMENT

or Procurement of Civil/Mechanical/Electrical Works under Local

Competitive Bidding Procedure.

oposal (RFP) For Conducting Feasibility Study for Settingmethanation of Organic Waste- Fruit & vegetable market and Hotel

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or Procurement of Civil/Mechanical/Electrical Works under Local

For Conducting Feasibility Study for Setting-up Fruit & vegetable market and Hotel


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PRESS NOTICE

Municipal Corporation Gurgaon Notice Inviting Tender

No. EE-IV/MCG/2015/ Dated: 1. Online bids are hereby invited from reputed consultant/ firms on behalf of Commissioner MCG for the works

mentioned below:-

Name of Work: Request for Proposal (RFP) For Conducting Feasibility Study for Setting-up Waste to Energy Plant (Bio-methanation of Organic Waste- Fruit & vegetable market and Hotel Waste), Gurgaon

Sr. No. of work

Name of work Earnest Money in Rs.

Tender Document

Fee in Rs.

During date & Time

Downloading of Tender Document alongwith Tender fees

Online Bid preparation and hash submission

1 Request for Proposal (RFP) For Conducting Feasibility Study for Setting-up Waste to Energy Plant (Bio-methanation of Organic Waste- Fruit & vegetable market and Hotel Waste), Gurgaon

25000/- 1000/- Up to 31.07.2015 at 09:00 Hrs

Up to 31.07.2015 at 11:00 Hrs

1. Tender will be opened on dated 05.08.2015 from 11:00 Hrs. to 07.08.2015 to 17:00 Hrs 2. The detail tender notice can be seen on website: http://mcg.gov.in 3. Possession of Digital Signature Certificate (DSC) and registration of the consultant/ firmss on the portal i.e.

http://mcg.etenders.in is a prerequisite for e-tendering. Kindly contact O/o Nextenders (India) Pvt. Ltd., O/o Municipal Corporation Faridabad, B.K. Chock, NIT Faridabad. Contact persons : Sh. Sanjay Kumar 08743042801

For any other queries, please contact Executive Engineer, Div. No.-4, Municipal Corporation Gurgaon Tel. (M) 9650511044 Address: Plot No. C-1, Infocity, Sector-34, Gurgaon.

4. The Earnest Money will be submitted through Online payment or deposited in MCG through G-8 in CFC Branch Municipal Corporation Gurgaon. Demand Draft will not be accepted in any case. For further details and e-tendering schedule, visit website http://mcg.etenders.in

For & on behalf of Commissioner MCG Sd/- Vishal Bansal Executive Engineer-IV Municipal Coporation, Gurgaon Email id: [email protected] Ph-9650511044


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MUNICIPAL CORPORATION GURGAON

NOTICE INVITING TENDER Online bids are hereby invited on behalf of Commissioner MCG for the following work as mentioned below:-

Name of Work: Request for Proposal (RFP) For Conducting Feasibility Study for Setting-up Waste to Energy Plant (Bio-methanation of Organic Waste- Fruit & vegetable market and Hotel Waste), Gurgaon

Sr. No. of work

Name of work Earnest Money Rs.

Tender Document

Fee in Rs.

During date & Time

Downloading of Tender Document & Payment of Tender Document fees

Online Bid preparation and hash submission

1 Request for Proposal (RFP) For Conducting Feasibility Study for Setting-up Waste to Energy Plant (Bio-methanation of Organic Waste- Fruit & vegetable market and Hotel Waste), Gurgaon

25000/- 1000/- Up to 31.07.2015 at 09:00 Hrs

Up to 31.07.2015 at 11:00 Hrs

1. Tender documents can be seen on website: http://mcg.gov.in and downloaded online from the Portal: http://mcg.etenders.in by the Firms / Individual registered on the Portal. 2. As the Bids are to be submitted online and are required to be encrypted and digitally signed, the

Bidders are advised to obtain Digital Signature Certificate (DSC) at the earliest. For obtaining Digital Certificate, the Bidders should follow point No. 3 under "Annexure-A - Conditions of e-tendering".


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3. Key Dates Sr. No. MCG State Consultant/ firms

Stage Start Date and Time Expiry Date and Time

1 Release of Tender

document

20-07-2015 13:00 AM 21-07-2015 16:00 PM

2

-

Downloading of

Tender Documents

alongwith Tender fees

21-07-2015 16:01 Hrs. 31-07-2015 09:00 Hrs.

3

-

Online Bid

Preparation & Hash

Submission

21-07-2015 16:30 Hrs. 31-07-2015 11:00 Hrs.

4 Technical & Financial Lock - 31-07-2015 11:01 Hrs. 02-08-2015 13:00 Hrs.

5 -

Re-Encryption of

Online Bids

02-08-2015 13:01 Hrs. 03-08-2015 15:00 Hrs.

7 Open EMD & Technical/PQ

Bid -

03-08-2015 15:01 Hrs. 04-08-2015 16:00 Hrs.

8 Eligibility criteria

evaluation -

04-08-2015 16:01 Hrs. 05-08-2015 11:00 Hrs.

9 Open Financial/Price-Bid - 05-08-2015 11:01 Hrs. 07-08-2015 17:00 Hrs.

1. 4. The Bidders can download the tender documents from the Portal: http://mcg.etenders.in. Tender Documents Fees has to be paid online through payment gateway during the "Downloading of Tender Document & Payment of Tender Document fees" stage and Earnest Money Deposit has to be submitted through Demand Draft in the name of Commissioner, Municipal Corporation Gurgaon.

a) Name of a/c holder from whose a/c payment for earnest money has been made by the agency b) A/C No. c) Name of the Bank d) Transaction ID e) Date of time of transaction f) Mode of payment is through RTGS, Demand Draft, Net banking, Credit card etc. g) Amount of Payment

Willing Consultant/ firmss shall have to pay the Tender Document Fees through payment gateway during the "Downloading of Tender Document & Payment of Tender Document fees" stage. However, as the details of the EMD are required to be filled at the time of Bid Preparation and Hash Submission stage, the Bidders are required to keep the EMD details ready beforehand. 5. The tender shall be submitted by the bidder in the following three separate envelops online:

1. Earnest Money and all the documents


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in support of eligibility criteria - Envelope 'ED' 2. N.I.T. and Technical Bid - Envelope 'T I' 3. Price Bid - Envelope 'C I'

Note:- Online Bidders shall submit the EMD or through Net Banking / Credit card. Documents in

support of eligibility criteria shall also be submitted in Envelope 'ED'. Price Bids are to be submitted mandatory online and shall not be accepted in any physical form.

Reference of the EMD is to be mentioned online.

The envelopes 'ED' & 'TI' shall be kept in a big outer envelop, which shall also be sealed. In the first instance, the Envelop - 'ED' of all the Bidders containing the Earnest Money and documents supporting eligibility criteria shall be opened online. If the Earnest Money and eligibility of bidder is found proper, the Envelop 'TI' containing Technical Bid shall be opened in the presence of such bidders who either themselves or through their representatives choose to be present. The Technical and Financial bid shall be opened only if the bidders meet the eligibility criteria as per the Bid document. The bidder will submit the necessary documents as under. Envelope 'ED' - Earnest Money Deposit and eligibility criteria Envelop Online EMD Envelope-Reference details of the Earnest Money Deposit instrument and scanned copy of documents supporting eligibility criteria. Envelope 'TI' - Technical Bid Envelope Online Technical Envelope - All the information and scanned copies of the Documents / Certificates as required to be submitted as per the Tender. Also, all such documents, if any, that cannot be submitted online i.e. all the Information and Documents / Certificates as required to be submitted in physical technical envelope as per the Tender. Envelope 'CI' - Price Bid Envelope To be submitted mandatory online- "Information related to Price Bid of the Tender". The Envelopes "ED" & "TI" shall be placed in another envelop of bigger size clearly marking the name of agency & name of work. In case, the Bidders have submitted all the information and documents/ certificates required as a part of Technical Bid online, physical Envelope "TI" shall be submitted clearly marking "Blank". The bidder can submit their tender documents as per the dates mentioned in the schedule above. CONDITONS:- (1) The tender without earnest money will not be opened. (2) The jurisdiction of court will be at Gurgaon. (3) The tender of the bidder who does not satisfy the eligibility criteria in the bid documents is liable to

be rejected summarily without assigning any reason and no claim whatsoever on this account will be considered.

(4) The bid for the work shall remain open for acceptance during the bid validity period to be reckoned from the date of "Online Bid preparation and Hash submission". If any bidder withdraws his bid before the said period, any modifications in the terms and conditions of the bid, the said earnest


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money shall stand forfeited. Bids would require to be valid for 3 months from the date of closing of online "Bid preparation and Hash submission stage".

For and On Behalf of Commissioner MCG Endst No. Dated

A copy of above is forwarded to the following for information and wide publicity:

1. Mayor, Municipal Corporation, Gurgaon

2. Commissioner, Municipal Corporation Gurgaon.

3. Deputy Commissioner, Gurgaon.

4. Chief Engineer, Municipal Corporation Gurgaon.

5. Superintending Engineer, Municipal Corporation Gurgaon.

6. Superintending Engineer, P.W.D. (B&R) Circle, Gurgaon.

7. Superintending Engineer, Public Health Engineering Circle, Gurgaon.

8. Superintending Engineer, Circle No. 1 & 2, HUDA, Gurgaon.

9. GM, BSNL Gurgaon for taking necessary steps during execution of works.

10. Chief Account Officer, Municipal Corporation Gurgaon.

11. Executive Engineer III/ V/ VI,/Roads Municipal Corporation Gurgaon.

12. Executive Engineer, Marketing Board, Gurgaon.

13. Executive Engineer, Public Health Engineering Division, Gurgaon. 14. Executive Engineer, PWD B&R Prov. Division No. 1 & 2, Gurgaon.

15. Assistant Engineer- I,II (WSS), Municipal Corporation Gurgaon.

16. Dy. Director (Audit), Municipal Corporation Gurgaon.

17. Assistant Register, Cooperative Societies, Gurgaon. 18. Manager, Gurgaon Distt. Co-op. L/C Federation Ltd. 209/3 Gopal Nagar, Gurgaon.

19. Notice Board, Municipal Corporation Gurgaon.

20. CFC, Municipal Corporation Gurgaon for publication on net.

21. Various Consultant/ firmss. For and On Behalf of Commissioner MCG

Vishal Bansal Executive Engineer-IV Municipal Corporation Gurgaon Email id: [email protected]


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ANNEXURE-A

CONDITIONS OF E-TENDERING Instructions to Consultant/ firms on Electronic Tendering

1. These conditions will over-rule the conditions stated in the tender documents, wherever relevant and applicable. 2. All the Consultant/ firmss intending to participate in the tenders processed online, are required to get registered for the Electronic Tendering System on the Portal http://mcg.etenders.in For more details, please see the information in Registration info link on the home page. 3. Obtaining a Digital Certificate: 3.1 The Bids submitted online should be encrypted and signed electronically with a Digital Certificate to establish the identity of the bidder bidding online. A digital signature certificate has two keys i.e. Public Key and Private Key. Public Key is used to encrypt the data and Private Key is used to decrypt the data. Encryption means conversion of normal text into coded language whereas decryption means conversion of coded language into normal text. These Digital Certificates are issued by an approved certifying authority, by the controller of Certifying Authorities, Government of India. 3.2 A Digital Certificate is issued upon receipt of mandatory identity proofs and verification letters attested by the Notary Public / Charted Account / Any Gazatted Officer whose stamp bears emblem of Ashoka. Only upon the receipt of the required documents, a digital certificate can be issued. 3.3 The consultant/ firmss may obtain Class II B digital certificate from any Certifying Authority or Sub-certifying Authority authorized by the Controller of Certifying Authorities on the portal http://cca.gov.in. or may obtain information and application format and documents required for issue of digital certificate from one such certifying authority on given below which is :- 1. TATA Consultancy Services Ltd.

11th Floor, Air India Building, Nariman Point, Mumbai-400021 website -www.tcs-ca.tcs.co.in 2. Sify Communications Ltd.

III Floor, Tidel Park, 4 Canal Bank Road, Taramani, Chennai-600113. Website - www.safescrypt.com 3. MTNL Trustline CA

O/o DGM (IT-CA), 5515, 5th Floor, Core-V Mahanagar Doorsanchal Sadan, CGO Comples, MTNL, Delhi-125003. Website - www.mtnltrustline.com

4. iTrust CA (IDRBT) Castle Hills, Road No.1, Masab Tank, Hyderabad, Andhra Pardesh -500057. Website - idrbtca.org.in

5. (n)Code solutions

301, GNFC Tower, Bodak Dev, Ahmedabad-380054, Gujarat. Website - www.ncodesolutions.com

6. National Informatics Centre Ministry of Communication and Information Technology A-Block CGO Complex, Lodhi Road, New Delhi-125003. Website https://nicca.nic.in

7. e-Mudhra CA

3i Info-tech Consumer Serivces Ltd


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3rd Floor, Sai Arcade, Outer Ring Road, Devarabeesanahalli, Bangalore560036, Karnataka Website - http://www.e-Mudhra.com

Consultant/ firmss may also obtain information and application format and documents required for

issue of digital certificate from the following:- 1. Nextenders (India) Pvt. Ltd.

O/O Executive Engineer, MCF, Near B.K., Chowk, Faridabad. Contact persons : Sh. Sanjay Kumar – 08750430801 [email protected]

2. Nextenders (India) Pvt. Ltd. YUCHIT, Juhu Tara Road, Mumbai-400049 [email protected]

3. Nextenders (India) Pvt. Ltd. O/o HSRDC, Bays No.13-14, Sec-2, Panchkula-134151 Contact Person: Manmit - 09815034028 Rishi – 09878012160

3.4 Bid for a particular tender may be submitted only using the digital certificate, which is used to

encrypt the data and sign the hash during the stage of bid preparation and hash submission. In case, during the process of a particular tender, the user looses his digital certificate (i.e. due to virus attack, hardware problem, operating system problem), he may not be able to submit the bid online. Hence, the users are advised to have back up of certificate and keep the copies at safe place under proper security to be used in case of emergencies.

3.5 In case of online tendering, if the digital certificate issued to the authorized user of a firm is used for

signing and submitting a bid, it will be considered equivalent to a no-objection certificate/power of attorney to that User. The firm has to authorize a specific individual via an authorization certificate signed by all partners to use the digital certificate as per Indian Information Technology Act 2000. Unless the certificates are revoked, it will be assumed to represent adequate authority of the user to bid on behalf of the firm for Municipal Corporation Gurgaon , Haryana tenders as per Information Technology Act 2000. The digital signature of this authorized user will be binding on the firm. It shall be the responsibility of management / partners of the registered firms to inform the certifying authority or Sub Certifying Authority, in case of change of authorized user and applies for a fresh digital certificate and issues an 'authorization certificate' for the new user. The procedure for application of a digital certificate will remain the same for the new user.

3.6 The same procedure holds true for the authorized users in a private/Public limited company. In this

case, the authorization certificate will have to be signed by the directors of the company. 4. Set up of machine

In order to operate on the electronic tender management system, a user's machine is required to be set up. A help file on setting up of the system can be obtained from NexTenders (India) Pvt. Ltd. or downloaded from the home page of the website - http://mcg.etenders.in.>> "Information for new users".

5. Online Viewing of Notice Inviting Tenders:

The consultant/ firmss can view the N.I.T and the time schedule (Key Dates) for all the packages floated using the electronic tendering system on the Haryana MCGD website http://mcg.etenders.in. Consultant/ firms may refer to NIT in the office of Executive Engineer.


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6. Opening of an Electronic Payment Account: 6.1 For purchasing the tender documents online, consultant/ firmss are required to pay the tender

documents fees online using the electronic payments gateway service as mentioned at S. No.8. 6.2 For the list of payments using which the online payments can be made, please refer to the Home

page of the Portal http://mcg.etenders.in 7. Submission of Earnest Money Deposit: 7.1 The EMD Payment can be made by eligible consultant/ firmss through Approved Traditional

Financial Instruments or through RTGS/Net Banking transaction . 7.2 Consultant/ firmss have to submit the EMD either physically in a sealed physical envelope which

should reach the office of concerned Executive Engineer as mentioned in the Tender Notice or make EMD payment through RTGS/Net Banking transaction.

8. Submission of Tender Document Fees:

The Payment can be made by eligible consultant/ firmss online directly via Credit Card / Internet Banking Account / Cash Card / Debit card. The consultant/ firmss have to pay for the tender documents online by making online payment of tender document fees using the service of the secure electronic payment gateway. The secure electronic payments gateway is an online interface between consultant/ firmss and credit card / online payment authorization networks.

9. Purchase of Tender Documents:

Download of Tender Documents: The tender documents can only be downloaded from the Electronic Tendering System on the Portal http://mcg.etenders.in

10. Submission of Bid Seal (Hash) of online Bids:

Submission of bids will be preceded by submission of the digitally signed bid seal (Hash) as stated in the tender time schedule (Key Dates) of the Tender. Bidders should take note of any corrigendum being issued on the website on a regular basis. They should view and note down the tender Hash and ensure that it matches with their previous noted Hash before confirming the rates.

11. Generation of Super Hash:

After the time of submission of Bid Seal (Hash) by the bidders has lapsed, the bid round will be closed and a digitally signed tender Super Hash will be generated by authorized Haryana MCG official. This is equivalent to sealing the tender box.

12. Submission (Re-encryption) of actual online bids: Bidders have to submit their encrypted bids online and upload the relevant documents for which they generated the hash at the stage of hash generation and submission after the generation of Super Hash within the date and time as stated in the Notice Inviting Tenders (Key Dates). The electronic bids of only those contactors who have submitted their bid seals (Hashes) within the stipulated time, as per the tender time schedule (Key Dates), will be accepted by the System. A bidder who does not submit his bid seal (Hash) within the stipulated time will not be allowed to submit his bid.

13. Key Dates: 13.1 The bidders are strictly advised to follow dates and time as indicated in the Notice Inviting Tender.

The date and time will be binding on all the bidders. The bidders are required to complete the stage within the stipulated time as per the schedule to continue their participation in the tender. All


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online activities are time tracked and the system enforces time locks that ensure that no activity or transaction can take place outside the start and end dates and time of the stage as defined in the Notice Inviting Tender. The bidder should check the status of a particular stage by following the below mentioned procedure:-

a. Click on "Main" after login into the portal. b. Select "Tender Search" and click on "Go" c. Next screen will appear on the screen and click on "Search" button to view the list

of various tenders. d. Select the tender whose status is to be viewed by clicking on the tender no. e. Click on "Action page" button. The status of all the stages

i.e. whether "Pending" or "Completed" can be viewed.

The bidder should ensure that the status of a particular stage should be shown as "Completed" before the expiry date and time of that particular stage and he should possess a copy of receipt of completion of each stage to be performed from his end. It will be the sole responsibility of the bidder if the status of a particular stage is "Pending" till the expiry date and time of that stage and he is not able to proceed further in the e-tendering process.

Other Information:

1. The intending bidders shall fill the lumpsum rate / item rate / Percentage rate in the online

templates of the online tender. The Price Bid has to be submitted mandatory online. 2. Technical Bid Documents except EMD that cannot be submitted online, if any should be put in

separate sealed envelopes and these sealed envelopes together with the documents listed below should be sealed in another cover and delivered to this office before the date and time mentioned in the Tender Notice. i. A list of all documents accompanying the sealed envelopes containing the tender documents. ii. Duly accepted power of Attorney in original along with its two certified copies in the name

of bidder or authorized representative to act on behalf of the agency. iii. Documents in respect of payment of earnest money.

3. Tender must strictly abide by the stipulations set forth in notice inviting tender & while tendering

for the work, the bidder shall adopt only the three envelope system. 4. The third envelop - Price Bid envelope has to be submitted mandatory online and shall not be

accepted physically under any circumstances. In case any bidder does not comply with procedure given above, it will be presumed that he is not interested in the work and the work shall not be let out to him. Further he may be de-listed without further notice to him for failing to abide by the strictly approved terms of notice inviting tender for this work.

5. The tenders which are not accompanied by the earnest money or proof of earnest money or do not strictly follow the technical requirement, are liable to be rejected summarily.

6. Tenders / quotations which are dependent upon the quotations of another bidder shall be summarily rejected. 7. The tenders of the bidders who does not satisfy the qualification in the bid documents are liability to

be rejected summarily without assigning any reason and no claim what so ever on their account will be considered.

Note: - Bidders participating in e-tendering shall check his/her validity of Digital Signature Certificate before bidding in the specific work floated online at e-tendering portal of Municipal Corporation

Gurgaon , Haryana on the website http://mcg.etenders.in. Also, the bidder will be held liable solely, in


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case, while bidding in particular stage - Date & Time expired as per the key dates available on the tender document. Key dates are subject to change in case of any amendment in schedule due to any reason stated

by concerned Executive Engineer of the Department.


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MUNICIPAL CORPORATION GURGAON

NOTICE INVITING TENDER

1. For and behalf of the Commissioner MCG , tenders in sealed covers are hereby invited for the execution of the work given below from firms of repute/such consultant/ firms, who are having a valid certificate of enlistment issued by a competent officer of Municipal Corporation Gurgaon duly renewed upto date (on which tenders are to be opened): -

Name of Work: Request for Proposal (RFP) For Conducting Feasibility Study for

Setting-up Waste to Energy Plant (Bio-methanation of Organic Waste- Fruit & vegetable market and Hotel Waste), Gurgaon

Vishal Bansal Executive Engineer

PARTICULARS OF THE Division No-IV, Municipal Corporation, OFFICER INVITING Gurgaon. THE TENDERS PH-9650511044

Email id: [email protected]

Hereinafter referred to as "Executive Engineer"


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STEREO B & R 28 Name of consultant/ firms :

Name of work Request for Proposal (RFP) For Conducting Feasibility Study for Setting-up Waste to Energy Plant (Bio-methanation of Organic Waste- Fruit & vegetable market and Hotel Waste), Gurgaon

Form F-1

MUNICIPAL CORPORATION GURGAON DIVISION No. ______________________

SINGLE PERCENTAGE RATE TENDER

Name of Consultant/ firms Sh. / M/s

___________________________________________________________________________

_________

______________________________________________________

Name of work: (As described at page No. 1) Job No _____________________

TENDER FEE RS.____________________DEPOSITED VIDE RECEIPT

NO.______________

DATED________________.

Signature Office Assistant

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONSULTANT/ FIRMS

1. All work proposed for execution by contract will be notified in a shape of ‘Notice’ pasted on a board hung up in the office duly signed by the Executive Engineer MUNICIPAL CORPORATION, GURGAON referred to as Engineer-in-Charge. The detailed form of “NOTICE INVITING TENDER” can be seen at http://www.mcg.gov.in. This will state the work to be carried out as well as the date for submitting, opening of tenders and the time allowed for carrying out the work and the amount of security to be-deposited by the successful Tenderer, copies of the specification, design and drawings Contract Schedule of rates and also a ‘schedule of Ceiling Premium by which the rates for various items of the Contract Schedule of rates, shall be increased or decreased, so as to be called the “Ceiling Rates”, Further any other documents required in connection with the works for purpose of identification by the Executive Engineer shall also be opened for inspection by the consultant/ firms on the office of the Executive Engineer during office hours.

2. In event of the tender being submitted by a firm, it must be signed separately be each

member thereof, or, in the event of the absence of any partner, it must be signed on his


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behalf, by a person holding power of attorney authorizing him to do so. Any consultant/ firms who submits tender may sign an affidavit to the effect that he has no connection or relationship with the firm /consultant/ firms blacklisted by Haryana Government /Government of India from time to time. The form of affidavit can be seen in the office of the “Executive Engineer”

3. Any person who submits a tender shall fill up the usual printed form stating the percentage rate above or below the “Ceiling Rates” as defined in Rule 1 at which he is willing to undertake the work. Only a single rate of percentage above/below on all items of the contract Schedule shall be mentioned in the space provided in the Tender Form. For the purpose of this single rate please see Explanatory Memo below which explains the manner in which the admissible payment shall be worked out after taking into consideration the sanctioned Ceiling Premium as enumerated in the ‘Schedule of Ceiling Premium’ mentioned in Rule I and the rate quoted by Consultant/ firms. Any rate entered outside this space may make the tender invalid. If a consultant/ firms quote more than one rate in case, only lower or lowest of the rates quoted shall be applicable and a counter offer shall be made to him accordingly at the lowest of the rates so quoted by him and in the event of his not accepting the same, his earnest money shall stand forfeited and the consultant/ firms shall have no claim to the same whatsoever.

No single tender shall include more than one work, but consultant/ firms who wished to tender for two or more works, shall submit separate tenders for each work. Tenders shall have the name-and number of the work to which they refer written outside the envelop, in which these are sealed.

For the purpose of identification, the consultant/ firms shall supply to the Executive Engineer specimen signatures duly attested by a Gazetted Officer known to the Executive Engineer. The specimen signature must be supplied well before the date of submission of tenders. The consultant/ firms (s) shall sign on all pages of tender form to be submitted by him. In addition, he shall also sign at the places, where he is to sign which are marked ‘x’ on pages:

All corrections shall be made in a manner so that the original is legible. There shall be no over writings. The corrections shall be authenticated by the signatures of the authorized person as described above.

Any tender not so signed may be rejected and the earnest money forfeited.

Single Rate Rule No. 4: (a) For Scheduled items: Any person who submits a tender shall fill up the usual printed form stating the percentage above or below the “Ceiling Rate” as defined in Rule I at which he is willing to undertake the work. Only one single rate of percentage above or below on all schedule items of the contract Schedule & for all purpose shall be mentioned in the space provided in the tender form for the purpose of this single rate. Explanatory Memo, below may be seen, which explains the manner in which the admissible payment shall be worked out after taking into consideration the sanctioned Ceiling Premia as enumerated in the Schedule of Ceiling Premia mentioned in Rule (I) together with the single rate quoted by the consultant/ firms. Any rate entered outside this space may render the Tender invalid. If a consultant/ firms quotes more than one rate in that case only lower or lowest of the rates so quoted shall be considered and a counter offer shall be made to him accordingly at the lowest of the rates so


15

quoted shall be considered and a counter offer shall be made to him accordingly at the lowest of the rates quoted by him and in the event of his not accepting the same, the earnest money that accompanied the tender shall be forfeited and the consultant/ firms shall have no claim to the same whatsoever. (b) For Non-Schedule Items: A person submitting a tender shall fill up the rates against each item shown on page 6. No premium over the rates quoted by him will be admissible over these Non-Scheduled items.

EXPLANATORY MEMO

(REFER TO RULE 3 OF GENERAL RULES AND DIRECITONS FOR THE GUIDANCE OF CONSULTANT/ FIRMSS)

For this purpose the basic rate for a particular item specified in the Contract Schedule of Rates shall be increased by the sanctioned ceiling premium as per the “Schedule of Ceiling premia” which is attached and is part of the form. The total amount shall then be subjected to the Discount or Premium quoted by the consultant/ firms. For example, the basic rate for an item is Rs. 120/- per cum and sanctioned ceiling premium is 50% and 300 cum of the items ‘A’ is executed and for example, the rate quoted by Consultant/ firms is 3% below the ceiling rate.

QUANTITY ITEM UNIT RATE AMOUNT (Rs.)

300 cum A CUM Rs. 120/- Rs. 36,000/-

Add Ceiling Premium @ 50% Rs.18,000/- Gross Total Rs. 54,000/- _______________ Less Consultant/ firms’s rebate 3% below ceiling rate Rs. 1,620/- NET PAYABLE Rs. 52,380/- If the rate quoted by the Consultant/ firms was 5% above the amount, net payable would be as under: Gross Total: Rs.

54000/-

Add Consultant/ firms’s premium 5% above ceiling rate Rs.

2700/-

Net payable Rs.

56700/-

Note: The above net payments worked out are further subject to the deductions like; income Tax, Surcharge, Works tax, etc. as per Govt. Instructions. The recoveries of all material issued from the MUNICIPAL CORPORATION, GURGAON store shall be made from the bills. 4. The Tender Receiving Committee or its authorized assistant will open tenders in the

presence of any intending consultant/ firmss or their authorized agents who may be present at the time, and will enter the rate of all tenders. In the event of a tender being accepted, a receipt for the earnest money shall be given to the consultant/ firms. In the


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event of tender being of rejected, the earnest money forwarded with such unaccepted tender shall be returned to the consultant/ firms.

5. The Executive Engineer reserves the right to reject all or any of the tender without

assigning any reason. 6. The MUNICIPAL CORPORATION, GURGOAN may refuse or suspend payments on

accounts of a work. When executed by firm or by consultant/ firmss described in their tenders as a firm unless receipts are signed by all the partners, or one of the partners, or some other person produces written Authority enabling him to give effectual receipt on behalf of the firm.

7. The receipt of a Divisional Accountant or Dy. Supdt for any money paid by the consultant/

firms will not be considered as any acknowledgement of payment to the Executive Engineer and the consultant/ firms shall be responsible for seeing that he procures a receipt signed by the Executive Engineer.

8. The memorandum of work tendered for and the memorandum of materials to be supplied

by the MUNICIPAL CORPORATION, GURGAON and their issue rates, shall be filled in & completed in the office of the Executive Engineer before the tender is issued to an intending tenderer without having been so filled and completed, he shall request the office to have this done before he completes and deliver his tender.

TENDER FOR WORKS

In I/ We hereby tender for the execution, for the MUNICIPAL CORPORATION, GURGAON of the work specified in the memorandum on page 9 within the time specified in such memorandum.

(A) Schedule items at*

(In Figures) (In Words)

Percent ABOVE/BELOW the ceiling rates worked out as per the Contract Schedule of Rates and the Schedule of ceiling Premia read with Rule 1 and in accordance in all respects with specifications drawings & instructions in writing referred to in Rule I thereof and in Clause II of the annexed conditions and with such materials as are provided for by the Engineer-in-charge in all other respects in all accordance with such conditions as far as applicable. (B) Non Schedule Items.


17

* Enter the rates both in words and figures only in this space. In the event of variation of a rate in words and figures, tender may be rejected or otherwise the lower value only shall be considered. Also in case of N.S. items if rate of any item is not quoted by the consultant/ firms, the same shall be considered as free of cost. Rates shall be entered in words and figure (both) only in this space. In the event of variation of rates in words and figures tender may be rejected or otherwise the lower value only shall be considered.


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MEMORANDUM A General Description

:----------------------------------

:---------------------------------- B Estimated Cost

:Rs. ---------------------------- C Earnest Money (@2% of Estimated Cost)

:Rs. ---------------------------- D Security Deposit (including earnest money)

@5%--------------------------- E Percentage, if any, to be deducted from bills

:---------------------------------- F Time allowed for the work from date of written order to commence

:-----------------------months

In case this tender is accepted I/We hereby agree to abide by and fulfil all terms and provisions of the said conditions of contract annexed hereto so far as applicable, or in default there of forfeit to and pay to the MUNICIPAL CORPORATION, GURGAON or its successor in office the sums of money mentioned in the said conditions. The sum of Rs__________Deposited vide MUNICIPAL CORPORATION, GURGAON Receipt No. ________Dated_________as earnest money, the full value of which is to be absolutely forfeited to the MUNICIPAL CORPORATION, GURGAON or to its successor in office without prejudice to any other rights or remedies of the said Haryana Urban Development Authority or its successor in office, should I/We fail to commence the work specified in the memorandum the said sum of Rs. ___________shall be retained by the MUNICIPAL CORPORATION, GURGAON on Account of the security deposit specified clauses I of the said conditions of contract. Should I/We withdraw or modify the tender within three calendar months from date of opening of tender, my/our earnest money will stand forfeited to the side of MUNICIPAL CORPORATION, GURGAON. Witness Signature of the consultant/ firms Address Date _______________ The above tender is hereby accepted by me on behalf of MUNICIPAL CORPORATION, GURGAON. Dated the ___________ Day of ________________ 20 _____________ Vishal Bansal Executive Engineer-IV Municipal Corporation Gurgaon Email id: [email protected] Ph-9650511044

3. Each Tenderer shall give proof to the entire satisfaction of the Executive Engineer concerned

that he has in his possession, Haryana P.W.D. specifications, and latest addition failing which his tender shall be liable to be rejected.

4.


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The Executive Engineer, MUNICIPAL CORPORATION, GURGAON Division__________

reserves to himself the right of issuing the material to the consultant/ firmss as per list enclosed for use on orks at places and rates noted against each plus 3% storage charges. The materials are to be issued from stock. The consultant/ firms shall be held responsible for obtaining from MUNICIPAL CORPORATION, GURGAON all such materials required for work and for making payment there of by deduction from his bills at the rates specified.

5. The Tenderer shall initial all corrections / cuttings in his tender as regards to single percentage,

time etc. Non-compliance with this condition will render the tender liable to be rejected.

6. The Tenderer whose tender is accepted will be required to execute a contract deed on the

prescribed form and will required to furnish 5% security for the due fulfilment of his contract or alternatively at the description of the Engineer-in-charge it will be deducted from the running payments to be made on account of work done. (the earnest money will be treated as part of security).

7.The approval of the acceptance of tender will rest with the MUNICIPAL CORPORATION, GURGAON who does not bind himself to accept to the lowest tender and reserves to himself the authority to reject any or all of the tenders received without assignment of any reason.

8. If any Tenderer modifies or withdraws his tender subsequently to his submission to the

MUNICIPAL CORPORATION, GURGAON, while on one hand he is liable to be blacklisted, on the other hand his earnest money shall be without prejudice to other rights and other remedies available to the Executive Engineer. The rate of the consultant/ firms submits a tender limiting the period of validity to a date earlier then he shall also be liable to be blacklisted and his earnest money shall stand forfeited without prejudice to other rights and remedies available to the Executive Engineer.

9. No conditional tender should be given, only premium or rebate should be quoted. A conditional

tender is liable to be rejected out right at the discretion of the accepting authority. In the alternative the accepting authority may treat the conditions as null and void and make a counter offer to the Tenderer to do the work at the premium and rebate quoted by without conditions. If the Tenderer refuses to accept the said counter offer to do the work at the premium or rebate quoted by without the condition within one week of the counter offer having been made by the accepting authority, his earnest money shall stand forfeited and the Tenderer shall have no claim to the same whatsoever.

10. The consultant/ firms (s) shall sign all pages of the tender form. The signatures of the consultant/ firmss will be witnessed by the persons known to the Executive Engineer, MUNICIPAL CORPORATION, GURGOAN or by any Notary Public. If the tender documents are not signed in the manner, specified the tender may be treated as invalid and rejected.

11. Tender which is not accompanied with the earnest money / not accompanied with full amount of earnest money depicted in the NIT shall not be considered / opened.

12. Tender which is not accompanied with prescribed tender will be summarily rejected.

13. Rate should be quoted in Hindi or English, otherwise the tender can be rejected

14. The successful Tenderer shall have to sign an affidavit to the effect that he has no relation

orw wconnectionw ithw wfirm/consultant/ firmsw wblacklistedw wbyw wMUNICIPALw wCORPORATION, GURGAON/Haryana Govt. /Govt. of India, from time to time. The form of affidavit is annexed at page 32 of DNIT.

15. The earnest money deposited for the tender will not be returned to the consultant/ firms’s/firm’s till the acceptance of tender of three months, whichever is earlier.

_____________ _________ _____________________


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16. In Case any consultant/ firms who deposits the earnest money for the tender documents and then does not submit his tender, the earnest money in that case will be returned only after the acceptance of tenders of three months, which ever is later.

17. Sales / Works Tax cess and Income Tax or any other tax will be deducted from the bills of

consultant/ firms as per the instruction of the Govt. from time to time.

18. If the Tenderer is an individual name, he shall sign the tender documents above his full

typewritten name with seal with its current address.

19. If the Tenderer is a proprietary firm, the tender documents shall be signed by the proprietor

as above his full name / name of is firm with seal with its current address.

20. If the Tenderer is a firm in partnership, the tender documents shall be signed by all the

partners of the firm above their full names and current addresses or alternatively by a person holding power of attorney for the firm. In the letter case a certified copy of the power of attorney should accompany the tender document. In both cases a certified copy of the partnership deed and current address of all the partners of the firm with its seal should accompany the tender documents.

21. If the Tenderer is a Limited Company or a Corporation, the tender documents shall be

signed by a person duly authorized by the Company / Corporation.

22. The successful agency will get themselves enlisted with MUNICIPAL CORPORATION,

GURGAON with in two months of award of the work if not enlisted/registered already with MUNICIPAL CORPORATON, GURGAON.

_____________ _________ _____________________


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Total estimate cost Rs.__________________________________

------------------------------------------------------------------------------------------------------------------------------------

Items No. Sub Head of Estimate Rate Unit

------------------------------------------------------------------------------------------------------------------------------------

As per NIT at page__________________ to _________________________

Divisional Accountant Dy. Suptt., Executive Engineer,

Div. No. __________ Div._____ MUNICIPAL CORPORATION GURGAON

________________________________________________________________________________________

_____________ _________ _____________________


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Form F-1

MUNICIPAL CORPORATION GURGAONDIVISION No. ______________________

SINGLE PERCENTAGE RATE TENDER

Name of Consultant/ firms Sh. / M/s ______________________________

______________________________________________________

______________________________________________________

Name of work: (As described at page No. 1) Job No _____________________

TENDER FEE RS.____________________DEPOSITED VIDE RECEIPT NO.______________

DATED________________.

Signature Office Assistant

GENERAL RULES AND DIRECTIONS FOR THE GUIDANCE OF CONSULTANT/ FIRMS

1. All work proposed for execution by contract will be notified in a shape of ‘Notice’ pasted on a

board hung up in the office duly signed by the Executive Engineer MUNICIPAL CORPORATION, GURGAON referred to as Engineer-in-Charge. The detailed form of “NOTICE INVITING TENDER” can be SEEN from h tt p ://.mcg.gov.in This will state the work to be carried out as well as the date for submitting, opening of tenders and the time allowed for carrying out the work and the amount of security to be-deposited by the successful Tenderer, copies of the specification, design and drawings Contract Schedule of rates and also a ‘schedule of Ceiling Premium by which the rates for various items of the Contract Schedule of rates, shall be increased or decreased, so as to be called the “Ceiling Rates”, Further any other documents required in connection with the works for purpose of identification by the Executive Engineer shall also be opened for inspection by the consultant/ firms on the office of the Executive Engineer during office hours.

2. In event of the tender being submitted by a firm, it must be signed separately be each member

thereof, or, in the event of the absence of any partner, it must be signed on his behalf, by a person holding power of attorney authorizing him to do so. Any consultant/ firms who submits tender may sign an affidavit to the effect that he has no connection or relationship with the firm /consultant/ firms blacklisted by Haryana Government /Government of India from time to time. The form of affidavit is annexed at the end of this tender form.

. Any person who submits a tender shall fill up the usual printed form stating the percentage rate

above or below the “Ceiling Rates” as defined in Rule 1 at which he is willing to undertake the ork. Only a single rate of percentage above/below on all items of the contract Schedule shall

be mentioned in the space provided in the Tender Form. For the purpose of this single rate please see Explanatory Memo below which explains the manner in which the admissible payment shall be worked out after taking into consideration the sanctioned Ceiling Premium as enumerated in the ‘Schedule of Ceiling Premium’ mentioned in Rule I and the rate quoted by Consultant/ firms. Any rate entered outside this space may make the tender invalid. If a consultant/ firms quote more than one rate in case, only lower or lowest of the rates quoted shall be applicable and a counter offer shall be made to him accordingly at the lowest of the rates so quoted by him and in the event of his not accepting the same, his earnest money shall stand forfeited and the consultant/ firms shall have no claim to the same whatsoever.

_____________ _________ _____________________


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Any tender not so signed may be rejected and the earnest money forfeited

No single tender shall include more than one work, but consultant/ firms who wished to tender for two or more works, shall submit separate tenders for each work. Tenders shall have the name-and number of the work to which they refer written outside the envelop, along with the date of opening in which these are sealed.

For the purpose of identification, the consultant/ firms shall supply to the Executive Engineer specimen signatures duly attested by a Gazetted Officer known to the Executive Engineer. The specimen signature must be supplied well before the date of submission of tenders.

The consultant/ firms (s) shall sign on all pages of tender form to be submitted by him. In addition, he shall also sign at the places, where he is to sign which are marked ‘x’ on pages:

All corrections shall be made in a manner so that the original is legible. There shall be no over ritings. The corrections shall be authenticated by the signatures of the authorized person as

described above.


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CONDITIONS OF CONTRACT

Clause-1 Security deposit. This will be the same percentage as that tender at (d) of Pre-page:

The person/persons whose tender may be accepted (hereinafter called consultant/ firms) shall deposit an amount equal to five percent of the estimated cost of the work with the Executive Engineer (Earnest money shall be accounted for as per memorandum) within 10 days of the acceptance of the tender by way of security deposit, in case of a default, the earnest money already lying with the Executive Engineer shall stand absolutely forfeited to the MUNICIPAL CORPORATION, GURGAON or his successor in office and the contract, shall stand terminated or in the alternative at the discretion of the Engineer-in-charge, the consultant/ firms may be required to permit MUNICIPAL CORPORATION, GURGAON at the time of making any payment to him for the ork done under the contract to deduct such sum as will (with the earnest money deposited by him) amount of 5% of all money payable. Such deductions to be held by MUNICIPAL CORPORATION, GURGAON by way of security deposit. All compensation or other sums of money payable by the consultant/ firms to MUNICIPAL CORPORATION, GURGAON under the terms of this contract may be deducted from his security deposit of from any sums which may be due or become due to the consultant/ firms by MUNICIPAL CORPORATION, GURGAON on any account whatsoever, and in the event of his security deposit being reduced by reasons of any such deduction the consultant/ firms shall ithin 10 days thereafter make good in cash as aforesaid any sum or sums may have been deducted from his security deposit or and part thereof.

Clause-2 Compensation of delay: The time allowed for carrying out the work as entered in the tender shall be strictly observed by the consultant/ firms and shall be reckoned from the date on which the order to commence work is given to the consultant/ firms. The work shall through out the stipulated period of the contract be proceeded with all due diligence (time being deemed to be the essence of the contract on part of the consultant/ firms) and the consultant/ firms shall pay as compensation an amount of the equal to one percent which the Executive Engineer-in-charge may levy on the amount of the estimated cost of the whole work as shown by the tender for everyday that the work remains un-commenced or unfinished, after the proper dates and further to ensure good progress during the execution, the consultant/ firms shall be bound in all cases in which the time allowed for any work exceeds one month, to complete one fourth of the whole of the work before one-fourth of the whole time allowed under the contact has elapsed, one-half of the work before one-half of such time has elapsed and three-fourth of the work before three-fourth of such time has elapsed in the event of the consultant/ firms failing to comply with this condition, he shall be liable to pay compensation an amount equal to one percent which the Engineer-in-charge may levy on the said estimated cost of the whole work for every day that the due quantity of work remains incomplete provided always that the entire amount of compensation to be paid under the provision of this clause shall not exceed ten percent of the estimated cost of work as shown in the tender. The Superintending Engineer MUNICIPAL CORPORATION, GURGAON may on representation from the consultant/ firms reduce the amount of compensation and his decision in writing shall be final.

Clause-3 Action when whole of security deposit is forfeited: In any case in which under any clause or clauses in the contract the consultant/ firms shall have rendered himself liable to pay any compensation to the Executive Engineer on behalf of the MUNICIPAL CORPORATION, GURGAON shall have power to accept any of the following courses, as he may deem best suited to the interest of MUNICIPAL CORPORATION, GURGAON.

(a) To resign the contract of which recession notice in writing to the consultant/ firms under the hand of Executive Engineer shall be conclusive evidence and in which case the security deposit of the consultant/ firms shall stand forfeited and be absolutely at the deposit of the MUNICIPAL CORPORATION, GURGAON.

(b) To employ labour paid by the MUNICIPAL CORPORATION, GURGAON to supply material

to carry out the work or any part of the work debiting the consultant/ firms with the cost of the labour and the price of the materials (of the amount of which cost and a price certificate of the Executive Engineer shall be final and conclusive, against the consultant/ firms) and crediting him with the value of the work done, in all respects in the same manner and at the same rates as if it had been carried _____________ _________ _____________________


25

out by the consultant/ firms under the terms of his contract. The certificate of the Executive Engineer as to the value of the work done shall be final and conclusive against the consultant/ firms.

(c) To measure up the work of the consultant/ firms and to take such part thereof as shall be un-

expected out of his hands and to give to another consultant/ firms to complete, in which case any expenses which may be incurred in excess of the sum which would have been paid to the original consultant/ firms of the whole work has been done executed by him of the amount of which excess the certificates in witting of the Executive Engineer shall be final and conclusively shall be borne and paid by the original consultant/ firms and may be deducted from any money due to him by MUNICIPAL CORPORATION, GURGAON under the contract or otherwise or from his security deposit.

In the event of any of the above courses being adopted by the Executive Engineer the consultant/ firms shall have no claim to compensation for any loss sustained by reason of his having purchased or procured any materials, or entered into any engagement or made any advances on account of or with a view to the execution of the work or the performance of the contract. And in case the contract shall be rescinded under the provision aforesaid the consultant/ firms shall not be entitled to recover or be paid and sum for any work thereafter, actually performed under this contract unless and until the Executive Engineer will have certified in writing the performance of such work and the value payable in respect thereof and shall only be entitled to pay the value so certified.

Clause-4 Consultant/ firms remains liable to pay compensation if action not taken under clause 3:

In case in which any of the powers conferred upon the Executive Engineer clause 3 hereof shall have become exercisable and the same shall not be exercised, the non exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall not

ithstanding be exercisable in the event of any future case of default by consultant/ firms for which by any clause or clauses thereof he is declared liable the consultant/ firms for past and future

compensation shall remain unaffected.

Power to take possession or require removal or sell consultant/ firms’s plant: In the event of the Executive Engineer putting in force either of the power (a) or (c) vested in him under the proceeding clause he may, if he so desires to take possession of all of any tools, plant, materials and stores in or upon the work, or the site thereof belonging to the consultant/ firms or procured by him and intended to be used for execution of the work or any part thereof paying or allowing for same in account at the contract rates or in case of these not being applicable and current market rates to be certified by the Executive Engineer may be notice in writing to the consultant/ firms or his clerk of the works, foreman or other authorised agent requires him to remove such tools, plant materials or stores from the premises within a time to be specified in such notice and the event of the consultant/ firms’s failing to comply with any such requisition, the Executive Engineer may remove them at the consultant/ firms’s expenses or sell them by auction or private sale, on account of the contract and at his risk in all respect and the certificate of the Executive Engineer as to the expenses for any such removal and the amount of the proceeds and expense of any such sale shall be final and conclusive against the consultant/ firms.

Clause-5 Extension of time: If the consultant/ firms shall desire an extension of the time for completion of the work on the ground of his having been unavoidable hindered in its execution or on any other ground, he shall apply in writing to the Executive Engineer within 30 days of the date of the hindrance but before the expiry of the contractual period on account of which desires such extension as aforesaid and the competent authority shall, if in his opinion (which shall be final) reasonable ground be shown therefore authorise such extension of time, if any, as may, in his opinion be necessary or proper.

Clause-5 (a) Consultant/ firms to submit a return every month on any work claimed as extra: District rate mean the Haryana PWD Building and Road Branch rates for that District

The consultant/ firms shall deliver in the office of the Executive Engineer on or before 10 day of th

every month during the continuance of the work covered by his contract a return showing details of any work claimed for as extra, and such return shall also contain the value of such work as claimed by the consultant/ firms, which value shall be based upon the rates and prices in the contract of Schedule of Rates in force in the District for the time being. The consultant/ firms shall include in such monthly return particulars of all claim of whatever kind, however, arising which at the date thereof he has or _____________ _________ _____________________


26

may claim to have against the Executive Engineer or in respect of any manner arising out of execution of work and the consultant/ firms shall deemed to have waived all claims not included in such return and will have no right to enforce any such claim not so inclined whatever be the circumstances.

Clause-6 Final Certificate: Without prejudice to the rights of MUNICIPAL CORPORATION, GURGAON under any clause hereinafter contain on completion of the work, the consultant/ firms shall be furnished with the certificate by the Executive Engineer (hereinafter call the Engineer-in-charge) of such completion but no such certificate shall be given nor shall the work be considered to be complete until the consultant/ firms shall have removed from premises on which the work shall be executed, all scaffolding, surplus materials and rubbish and clean of the dirt, all woodwork, walls, floors other part of any building in, upon or about which the work is to be executed, or of which he may have had possession for the purpose of execution thereof, and the measurement in the said certificate shall be binding and conclusive against the consultant/ firms, if the consultant/ firms shall fail to comply with the requirement of this clause as to removal of scaffolding, surplus materials and rubbish and cleaning of dirt on or before the date fixed for the completion of the work, the Engineer- in-charge may at the expense of the consultant/ firms remove such scaffolding, surplus materials and rubbish and dispose of the same as he thinks fit clean of such dirt as aforesaid, and the consultant/ firms shall forthwith pay the amount of all expenses so incurred, and shall have no claim in respect of such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sales thereof.

Clause-7 Payments on intermediate certificate to be regarded as advances: No payment shall be made for works, the estimated cost of less than rupees one thousand till the whole of the work shall have been completed and certificate of completion is given. But in the case of work estimated to cost more than rupees one thousand the consultant/ firms shall on submitting the bill therefore, be entitled to receive a monthly payment proportionate in the part thereof approved and passed by Engineer-in-charge, whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contract, but all such intermediate payment shall be regarded as payments by way of advance/against the final payments only and not as payment for the work actually done and completed and shall not preclude the requiring of bad, unbound and imperfect or unskilful work to be removed and taken away and reconstructed or re-erected, or be considered as an admission of the due performance of the contract or any part thereof in any respect or the securing of any claim, nor shall it conclude, determine or effect in any way the powers of the Engineer-in-charge under these terms and conditions or any of them as to the final settlement and adjustment of accounts or otherwise or in any other way vary or affect the contract. The final bill shall be submitted by the consultant/ firms within one month of the date fixed for completion of the work, otherwise the Engineer-in-charge’s certificate of the measurement shall be final and binding on all parties, the amount payable, however, shall be determined after pre-audit of the bill by the accounts Department otherwise the amount already determined by the Engineer-in-charge shall become binding on both parties. Both the Engineer-in-charge and the Accounts Department shall become binding on both parties. Both the Engineer-in-charge and the Accounts Department shall inform the consultant/ firmss by registered post of the fact the movement of the final bill and the amount thereof. Clause-7 (a) Security to be released 3 months after the payment of final bill: The deduction referred to in clause I herein before or such part-thereof as may of due to the consultant/ firms under this contract shall be payable to consultant/ firms after a period of three month has elapsed after the payment of final bill.

Clause-8 Bills to be submitted monthly: A bill shall be submitted by the consultant/ firms each month on or before the date fixed by the Engineer-in-charge for all works executed in the previous month, and the Engineer-in-charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified and the claim, as far as admissible, adjusted if possible, before the expiry of ten days from the presentation of the bill. If the consultant/ firms does not submit the bill in the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in the presence of the consultant/ firms, whose counter signature to the measurement list will be sufficient warrant, and the Engineer-in-charge may prepare a bill from such list which shall be binding on the consultant/ firms in all respect.

Clause-9 Bill to be on printed format: The consultant/ firms shall submit all bills in triplicate on printed forms to be had on application from the office of the Engineer-in-charge & the change in the bill _____________ _________ _____________________


27

shall always be entered at the rate specified in the tender or in the case of any extra works ordered in pursuance of those condition, & not mentioned or provide for in the tender at the rates hereinafter provided for such work.

Clause-10 Store supplied: If the specification in the estimate of the work provides for the use of any special description of materials to be supplied from Engineer-in-charge’s store or if it is required that the consultant/ firms shall use certain stores to be provided by the Engineer-in-charge (such materials & stores). The prices to be charged, therefore, hereinafter mentioned being so far as practicable for the convenience of the consultant/ firms but not so as in any way to control the meaning or effect of this contract specified in the schedule or memorandum hereto annexed, the consultant/ firms shall be supplied ith such materials and stores required from time to be used by him for the purpose of the contract only, and value materials and stores required from time to be used by him for the purpose of the contract only, and value of the full quantity of materials and stores so supplied at the rates specified in the said schedule or memorandum may be set off or deducted from any sums then due, or from the security deposit. All materials supplied to the consultant/ firms shall remain the property of the MUNICIPAL CORPORATION, GURGAON and shall be kept in safe custody of consultant/ firms but shall not on any account be removed from the site of the work without the written permission of the Engineer-in-charge & shall at all times be open to inspection by him. Any such materials unused and in perfect good condition at the time of the completion of the contract, shall be returned to the Engineer-in-charge’s store if by a notice in writing under his hand he shall so required, but the consultant/ firms shall not be entitled to return any such materials without such consent and shall have no claims for compensation on account of any such material so supplied to him as aforesaid being unused by him or for any wastage in or damage to any such materials.

Clause-11 Works to be executed in accordance with specification drawing orders etc: The consultant/ firms shall execute the whole and every part of the work in the most substantial and workman like manner, and both as regard materials and otherwise in every respect in strict accordance with Haryana P.W.D. specifications 1990 edition specifications or otherwise as may be specifically provided for the consultant/ firms shall also confirm exactly, fully and faithfully to the designs and instructions in writing relating to the work signed by the Engineer-in-charge and lodged in the office, and to which the consultant/ firms shall be entitled to have access at such office, or on the site of the work for the purpose of inspection during office hours and the consultant/ firms shall, if he so required, be entitled at his own expense to make or cause to be made copies of the specification and of all such designs, designs, drawings and instructions as aforesaid.

Clause-11(A) Removal of employee workman and foreman: The Engineer-in-charge shall have full power at all times to object to the employment of any workman, foreman or other employee on the works by the consultant/ firms and if the consultant/ firms shall receive notice in writing from the Engineer-in- charge requesting the removal of any such man or men from the work, the consultant/ firms must comply ith the request forthwith.

No such workman foreman or other employees after his removal from the work by request of the Engineer-in-charge shall be re-employed or re-instated on the works by the consultant/ firms at any time except with the previous approval in writing of the Engineer-in-charge.

The consultant/ firms shall not be entitled to demand the reason from the Engineer-in-charge for requiring the removal of any such foreman or other employee.

Clause-12 Alterations in specifications and designs : The Engineer-in-charge shall have power to make any alteration in omissions from additions to or substitutions for the original specification drawings, designs and instructions, that may appear to him to be necessary or advisable during the progress of the work, and the consultant/ firms shall be bound to carry out the work in accordance with any instruction which may be given to him in writing signed by the Engineer-in-charge and such alteration, omissions, addition or substitution shall not invalidate the contract and any altered, additional or substituted work which the consultant/ firms may be directed to do in the manner above specified as part of the work, shall be carried out by the consultant/ firms on the same conditions all respects on which he agreed to do the main work and at the same rates as specified in the tender for the main work. The time for the completion of the works shall be extended the proportion that the altered, addition or substituted work bears to the original contract work and certificate of the Engineer-in-charge shall be conclusive as to such proportion. And if this contract, then such work shall be carried out at the rates entered in the schedule of rates of the district, subject to the same _____________ _________ _____________________


28

percentage above or below as for the items included in the consultant/ firms and if such class of work is not entered in the schedule of rates of district, then the consultant/ firms shall within seven days of the date of the receipt of the order to carry out the work, inform the Engineer-in-charge of the rate

hich it is his intension to charge for such class of work the Engineer-in-charge does not agree to his rate, he shall be notice in writing be at liberty to cancel his order to carry out such class of work and arrange to carry it out in such manner as he may consider advisable provided always that the consultant/ firms shall commence work or incur any expenditure in regards thereto before the rates shall have been determined as lastly herein before mentioned, then and such case he shall only be entitled to be paid in respect of the work carried out or expenditure incurred by him prior to the date of the determination of the rates as aforesaid according to such rate or rates as shall be fixed by the Engineer-in-charge in the event of a dispute the decision of the Superintending Engineer MUNICIPAL CORPORATION, GURGAON shall be final.

Clause-13 No compensation for alternation in or restriction or work to be carried out: If at any time after the commencement of the work the MUNICIPAL CORPORATION,

GURGAON shall for any reason whatsoever not require the whole work thereof as specified in the tender to be carried out the Engineer-in-charge shall give notice in writing to the fact to the consultant/ firms who shall have no claim to any payment or compensation, whatsoever on account of any profit or advantage, which he might have derived from execution of the work in full but which he did not derive in consequence of the full amount of the work not having been carried out, Neither shall be have any claim for compensation by reason of any alteration having been made in the original specification, drawings, designs and instruction which shall involve any curtailment of the work as originally contemplated.

Clause-14 Action and compensation payable in case of bad work: If it shall appeared to the Engineer-in-charge or his subordinate-in-charge of the work that any work has been executed withunsound, imperfect or unskilful workmanship or with material of any inferior description or that any material or articles provided by him for the execution of the work are unsound or of a quality inferior to the consultant/ firms for, or otherwise not in accordance with the contract, the consultant/ firms shall on demand, in writing from the Engineer-in-charge specifying the work material or article complained of notwithstanding that the same may have been in evidently passed certified paid for forthwith rectify, or remove and reconstruct the work so specified in whole or in part as the case may require or the case may be, remove the material or article so specified and provide other proper suitable materials or articles at his own proper change and cost and in the event of his failing to do so within a period to be specified by the Engineer-in-charge in his demand aforesaid, then the consultant/ firms shall be liable to pay at the rate of one percent on the amount of the estimate of every day not exceeding 10 days while his failure to do so shall continue and in case of any such failure the Engineer-in-charge may rectify or remove and re-execute the work remove and the place with other materials or articles complained or as the case may be to the risk and expenses in all respects of the consultant/ firms.

Clause 15 Work to be open to inspections, consultant/ firms or his responsible agent to be present: All works under or in course of execution or executed pursuance of the contract shall at all times be open to the inspection and supervision of the Engineer-in-charge and his subordinate and the consultant/ firms shall at all times, during the usual workings hours, and at all other time at which reasonable notice of the intention of the Engineer-in-charge or his subordinate to visit the work shall have been given to the consultant/ firms, either himself be present for that purpose orders to be given to the consultant/ firms, either himself be present to receive orders and instruction, or have a responsible agent duly accredited in writing present for the purpose orders to be given to the consultant/ firms’s agent shall be considered to have the same force as if they had been given to the consultant/ firms himself. Clause-16 Notice to be given before work is covered up: The consultant/ firms shall give not less than five days notice in writing to the Engineer-in-charge or his subordinate-in-charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that same may be measured and correct dimensions thereof be taken before the same is so covered up or place beyond the reach of measurements and shall not cover up or place beyond the reach of measurement any work without the consent in writing of the Engineer-in-charge or his subordinate- in-charge of the work and if any work shall be covered up or placed beyond the reach of measurement without such notice having been given or consent obtained the same shall be uncovered at the consultant/ firms expenses, or in default thereof no payment or allowance shall be made for such work of the materials with which the same was executed.

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Clause-17 Consultant/ firms liable for damage done and for imperfections for 3 months after certified: If the consultant/ firms or his work people or his servants shall break, deface, injure or destroy any part of a building in which they may be working or any building, road, fence, enclosure or grass and cultivated ground contiguous to the premises on which the work or any part of it is being executed, or if any damage shall happen to the work while in progress from any cause whatever or any imperfections become apparent in it within three months after the certificate final or thereof its completion shall have been given by the Engineer-in-charge as aforesaid the consultant/ firms shall make the same good at his own expense or in default the Engineer-in-charge may cause the same to be made good by other workmen and deduct the expense (of which the certificate of the Engineer-in-charge shall be final) from any sums that may be then, or at any time thereafter may become due the consultant/ firms or from his security deposit.

Clause-18 Consultant/ firms to supply plant ladders, scaffoldings etc; and be liable for damages arising from non provision of lights and fencing etc.The consultant/ firms shall supply at his own cost of material except such special materials if any may in accordance with the contract be supplied from the Engineer-in-charge’s store, plants tools appliances, implements, ladders, cordage, take scaffolding and temporary works requisite or proper execution of the work, whether original, altered or substituted, and included in the specification or other documents forming part of the consultant/ firms referred to these condition or not, or which may be necessary for the purpose of satisfying complying with the retirements of the Engineer-in-charge as to any matter as to which under those condition he is entitled to be satisfied or which he is entitled to require together with carriage therefore to and form the work. The consultant/ firms shall also supply ithout charge the requisite numbers of persons with the means and material necessary for the purpose of setting out works and counting, weighing and assisting in this measurement or be provided by the Engineer-in-charge at the expense of the consultant/ firms and the expense may deduct from any money due to the consultant/ firms under the contract, or from his security deposit or the proceeds of sale thereof, or of sufficient portion thereof. The consultant/ firms shall also provide all necessary fencing and lights required to protect the public from accident and shall also be bound to bear the expenses defence or every suit, action or other proceedings at law that may be brought by any person for injury sustained owing to neglect of the above precautions, and to pay any damages and cost which may be awarded in such suit, action or proceedings to any such persons or which may the consent of the consultant/ firms be paid to compromise any claim by any such person.

Clause-19 Labour: No female labourer shall be employed within the limits of cantonment.

Clause-19A No labourer below the age of 12 years shall be employed on the work.

Clause-19B The consultant/ firms shall pay his labourer not less than the wages determined under minimum wages act for the District.

Clause-20 Work on Sunday: No work shall be done on Sunday without the sanction in writing of

Engineer-in-charge.

Clause-20A Consultant/ firms liable for payment of compensation to injured workman or in case of death to his relations: In every case in which by virtue of the provisions of sections 12, sub section(1) of the Workmen’s Compensation Act. 1923, MUNICIPAL CORPORATION, GURGAON is obliged to pay compensation to workmen employed by the consultant/ firms, in executions of the works, MUNICIPAL CORPORATION, GURGAON will recover from the consultant/ firms the amount of the compensation so paid and without prejudice to the right of MUNICIPAL CORPORATION, GURGAON under Section 12 sub-section (2) of the act. MUNICIPAL CORPORATION, GURGAON shall be at liberty to recover such amount or any part thereof be deducted it from the security or from any sum due by MUNICIPAL CORPORATION, GURGAON to the consultant/ firms whether under this contract or otherwise. MUNICIPAL CORPORATION, GURGAON shall not be bound to contest any claim made against it under section 12, subsection (1) of the said except on the written request of the consultant/ firms and upon his giving to MUNICIPAL CORPORATION, GURGAON for security for all cost for which MUNICIPAL CORPORATION, GURGAON might become liable in-consequence of contesting such claim.

Clause-21 Work not to be sublet; Contract may me rescinded and security deposit forfeited: The contract shall not assign or sublet without the written approval of the Engineer-in-charge. And if consultant/ firms shall resign or sublet his contract or attempt so to do become insolvent or commence _____________ _________ _____________________


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any insolvency proceeding or make any composition with his creditors or attempts so to do, it any pride gratuity gift loan prerequisite reward or advantage pecuniary of otherwise shall either directly or indirectly be given, promised or offered by the consultant/ firms or any of his servants/agent to any public officer or person in the employ of MUNICIPAL CORPORATION, GURGAON in anyway directly or indirectly interested in the contract, the Engineer-in-charge may thereupon stand forfeited and he rescind the contract and security deposit at the disposal of MUNICIPAL CORPORATION, GURGAON and the same consequence shall ensure as if the consultant/ firms had been rescind under Clause hereof and in addition the contract shall not be entitled to recover or be paid for any work thereof actually performed under the contract.

Clause-22 Sum payable be way of compensation to be considered as reasonable compensation without reference to actual loss: All sum payable by way of compensation under any of these conditions shall be considered as reasonable compensation payable to MUNICIPAL CORPORATION, GURGAON without reference to the actual loss or damage sustained and

hether or not any damage shall have been sustained, and whether or not any damage shall have been sustained.

Clause-22A Deduction of amounts due to Government on any account whatever to be recoverable from sums payable to a consultant/ firms: Any excess payment made to the consultant/ firms inadvertently or otherwise under this contract or on any account whether and any other sum found to be due to MUNICIPAL CORPORATION, GURGAON, the consultant/ firms in respect of his contract or any other contract of work order or on any account whatever may be deducted from any sum

hatever payable by MUNICIPAL CORPORATION, GURGAON the consultant/ firms either in respect of this contract or any work order or control account by any other department of the

Government/MUNICIPAL CORPORATION, GURGAON.

Clause-23 Change in constitution of firm: In case of any change in the constitution of the firm shall be forthwith notified by the consultant/ firms to the Engineer-in-charge for this information.

Clause-24 Work to be under directions of Superintending Engineer: All works to be executed under the contract shall be executed under direction of and subject to the approval in all respect of the Superintending Engineer of the MUNICIPAL CORPORATION, GURGAON for the time being

ho shall be entitled to direct and what point or points and in what manner they are to be commenced and, from time to time carried on.

Clause-25 Claims for payment of any ordinary nature to be referred to MUNICIPAL CORPORATION, GURGAON: No claim for payment of an extraordinary nature such as claim for a bonus for extra labour employed in completing the work before the expiry of the contractual period at the request of the Engineer-in-charge or claims for compensation where work has been temporary brought to a stand still through no fault of the consultant/ firms shall be allowed unless and to the extent that the same shall have been expressly sanctioned by the MUNICIPAL CORPORATION, GURGAON.

Clause-25A (i) Arbitration Clause If any question or difference or objection whatsoever shall arise between the MUNICIPAL CORPORATION, GURGAON/or authorized representative of MUNICIPAL CORPORATION, GURGAON and the consultant/ firms in connection with or arising out of the contract, or the execution of the work or after its completion, (ii) and whether before or after the termination, abandonment or breach of the contract, it shall, in the first instance, be referred to, for being settled by the Executive Engineer-In-Charge of the work at that time and Engineer-In-Charge shall with in a period of sixty days after being requested, in writing, made by the consultant/ firms to do so, convey his decision to the consultant/ firms, and subject to arbitration as hereinafter provided, such decision in respect of every matter so referred, shall be final and binding upon the consultant/ firms. In case the work is already in progress, the consultant/ firms will proceed with the execution of the work on receipt of the decision by the Executive Engineer-In-Charge as aforesaid, with all due diligence

hether MUNICIPAL CORPORATION, GURGAON/or authorized representative of MUNICIPAL CORPORATION, GURGAON or consultant/ firms requires arbitration as hereinafter provided for, or not. If the Executive Engineer-In-Charge of the work has conveyed his decision to the consultant/ firms and no claim to arbitration has been filed with him by the consultant/ firms within a period sixty days from the receipt of letter communicating the decision, the said decision shall be final and binding upon the consultant/ firms and will decision, the said decision shall be final and binding upon the consultant/ firms and will not be a subject matter of arbitration at all. If the Executive Engineer, In-charge of the work fails to _____________ _________ _____________________


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convey his decision within a period of sixty days, after being requested, as aforesaid, the consultant/ firms may, within further sixty days of the expiry of first sixty days, after being requested, from the date on hich request has been made to the Executive Engineer In-Charge request the Chief Engineer, MUNICIPAL CORPORATION, GURGAON that the matters in dispute be relevant to arbitration, as hereinafter provided.

(ii) All dispute or difference in respect of which the decision is not final and conclusive shall at the request, in writing, or either party, made in a communication sent through Registered A.D. Post be referred to the sole arbitration of any serving Superintending Engineer of MUNICIPAL CORPORATION, GURGOAN to be nominated by designation by Chief Engineer of MUNICIPAL CORPORATION, GURGAON AT THE RELEVANT TIME. There will be no objection to any such appointment that the arbitrator so appointed is a Government servant/in service of MUNICIPAL CORPORATION, GURGAON or that had to deal with the matter to which the contract relates in the course of his duties as a Government servant/in service of MUNICIPAL CORPORATION, GURGAON he has expressed his views on all or any of the matter in dispute. The Arbitrator to

hom the matter is originally referred being transferred or vacating his office his successor-in-office, as such shall be entitled to proceed with the reference from stage at which it was left by his predecessor.

Or In case the arbitrator nominated by the Chief Engineer, MUNICIPAL CORPORATION,

GURGAON is unable or unwilling to act as arbitrator such for any reason, whatsoever the Chief Engineer, MUNICIPAL CORPORATION, GURGAON shall be competent to appoint and nominate any other Superintending Engineer of MUNICIPAL CORPORATION, GURGAON as arbitrator in his place and the arbitrator so appointed shall be entitled to proceed with the reference.

(iii) It is also a term of his arbitration agreement that no person other than a person appointed

by the Chief Engineer, MUNICIPAL CORPORATION, GURGAON shall act as arbitrator and if for any reason that is not possible the matter shall not be referred to arbitration at all. In all cases

here the aggregate amount awarded exceeds Rs. 25,000/- the arbitrator must invariable give reasons for his award in respect of each claim and counter claims separately.

(iv) The arbitrator shall award separately giving his award against each claim and dispute

raised by either party including any counter claim individually and that the lump-sum award shall not be legally enforceable.

(v) The following matters shall not lie within the purview of arbitration :-

a) Any dispute relating to the levy of compensation as liquidated damages, which has already

been referred to and is being heard or/and has been finally decided by the Superintending Engineer, In-Charge of the work.

b) Any dispute in respect of substituted, altered, additional work/omitted work/defective work referred by the consultant/ firms for the decision of Superintending Engineer in-Charge of the work if it is being heard or has already been decided by the said Superintending Engineer.

c) Any dispute regarding the scope of the work or its execution or suspension or abandonment that has been referred by the consultant/ firms for the decision of the MUNICIPAL CORPORATION, GURGAON and has been so decided finally by the MUNICIPAL COPRPORATION, GURGAON.

vi) The independent claims of the party other than the one getting the arbitrator appointed, as

also counter-claims of any party will be entertained by the arbitrator notwithstanding that the arbitrator has been appointed at the instance of the other party.

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vii) It is also a term of this arbitrator agreement that where the party invoking arbitrator is the

consultant/ firms, no reference for arbitrator shall be maintainable unless the consultant/ firms, furnishes to the satisfaction of the Executive Engineer in charge of the work, a security deposit of a sum determined according to details given below and the sum so deposited shall, on the termination of the arbitration proceedings, be adjusted against the cost, if any, awarded by the arbitrator against the claimant party and the balance remaining after such adjustment or whole sum in the absence of any such cost being awarded will be refunded to him within one month from the date of the award.

Amount of claims Rate of security deposit

i) For claims below Rs. 10,000/- 2% of amount claimed.

ii)wFor claims of Rs. 10,000/- and 5% of amount claimed.above & below Rs 1,00,000/-

iii)wFor claims of Rs. 1,00,000/- 7.50% amount claimed.and above.

The Stamp-fee due on the award shall be payable by the party as desired by the arbitrator and in the event of such party’s default the Stamp-fee shall be recoverable from any other sum due to such party under this or any other contract.

(viii) The venue of arbitration shall be such places as may be fixed by the arbitrator at his sole discretion. The work under the contract shall continue during the arbitration proceedings.

(ix) Neither party shall be entitled to bring a claim for arbitration if the appointment of such

arbitrator has not been applied within 6 months:-

a) Of the date of completion of the work as certified by Executive Engineer-In-Charge, or

b) Of the date of abandonment of the work, orc) Of its non-commencement within 6 months from the date of allotment or written orders to commence the work as applicable, ord) Of the completion of the work through any alternative agency or means after withdrawal of the work from the consultant/ firms in whole or in part and/or its recession, or

e) Of receiving an intimation from the Executive Engineer-in-Charge of the work that final payment due to or recovery from the consultant/ firms had been determined which he may payment due to or recovery from the consultant/ firms had been determined which he may acknowledge and/or receive. Whichever of (a) to (e) above is the latest.

If the matter is not referred to arbitration within the period prescribed above, all the rights and claims of any party under, the contract shall be deemed to have been forfeited and absolutely barred by time even for civil litigation notwithstanding.

(x) It is also a term of this arbitration agreement that no question relating to this contract shall

be brought before any Civil Courts without first involving and completing the arbitration proceedings as above. If the scope of the arbitration specified herein covers issues that can be brought before the arbitrator i.e. any matter that can be referred to arbitration shall not be brought before a Civil Court. The pendency of arbitration proceedings shall not disentitle the Engineer-In-Charge, MUNICIPAL CORPORATION, GURGAON to terminate the contract and make alternative arrangements for the completion of the work.

(xi) The arbitrator shall be deemed to have entered on the reference on the day he issues notices to the parties fixing the first date of hearing. The arbitrator may, from time to time, with the consent of the parties enlarge the initial time for making and publishing the award.

(xii) It is also a term of this arbitration agreement that subject to the stipulation herein

mentioned; the arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration Act, 1940 or any other law in force for the time being._____________ _________ _____________________


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Clause 26(a): Any fluctuations in Railway rates which may occur during the subsistence of and affecting freights of any material to be supplied under this consultant/ firms shall be brought to the notice of the Engineer-in-Charge by the consultant/ firms within fifteen days from such date without prejudice to the right of Government, should the consultant/ firms fail to comply with the above requirement any excess or short charge on account of such increase or decrease shall be credited to or recovered from the consultant/ firms. No alteration in contract rates shall be admissible in consequence of fluctuation in railway freight when such railway freight is on account of material which is required by a consultant/ firms in the manufacture of an article to be supplied under this contract e.g. fluctuation of railway freight on coal required for burning bricks will not be taken into consideration or for an article hich forms part of an finished work for purpose of this clause. Similarly no alteration in rates will be allowed when a manufactured article is transported by rail from place A to place B to form part of a finished work.

Clause – 27: The consultant/ firms shall be responsible for making his own arrangements for securing priorities and licence for material and transportation required for the works and Engineer-in-charge shall not be held responsible in any way for making such arrangements for any of them.

Clause-28 Lump sum estimate : When the estimate on which a tender is made include lump-sump provision in respect of parts of the work, the consultant/ firms shall be entitled to payment in respect of the items of work involved or the part of the work in question at the same rates as are payable under this contract for such items or the part of the work in question is not in the opinion of the Engineer-in-charge, measurable, the Engineer-in-charge may at his the discretion, pay the lump sum amount entered in the estimate and the certificate, in writing, of the Engineer-in-charge shall be final and conclusive against the consultant/ firms with regard to any sum payable to him under the provision of this clause.

Clause-29 Action where no specification: In case of any class of work for which there is no such specification as is mentioned in rule 1. Such work shall be carried out in accordance with district specific action and in the event of there being no district specification then in such cases, the work shall be carried out in all respect in accordance with instructions and requirements of Engineer-in-charge.

Clause-30 Definition on work: The expression “Work or Works” where used in these conditions shall unless there be something either in subject or context repugnant to such construction be constructed and taken to mean the works by virtue of the contract contracted to be executed

hether temporary or permanent and whether original, altered, substituted or additional.

Clause-31 The percentage referred to at page – 7 of the tender will be calculated on the gross amount (value of finished work including cost of materials whether purchased from the MUNICIPAL CORPORATION, GURGAON or direct) of (1) the item of work to which the rates in the tender apply and also see the items of work for which rates exist in the Haryana PWD schedule or Rates 1988.

Clause-32 Unless otherwise provided for in the contract the “Engineer-in-charge” referred to in the tender & contract for work means Executive Engineer MUNICIPAL CORPORATION, GURGAON Division__________.

Clause-33 The terms and conditions of the agreement have explained to me/us and I/we clearly understand them.

Clause-34 The consultant/ firms shall be responsible for making his own arrangements for securing licenses for the materials and their transportation required for the works and Engineer-in-charge shall not be held responsible in any way for making such arrangements.

Clause-35 The consultant/ firms undertakes that he is not related to any of the officers employed by the MUNICIPAL CORPORATION, GURGAON

Clause-36 No pit shall be dug by the consultant/ firms near the site of the work for taking out earth for use on the work. In case of default, the pit so dug will be filled in by the department at the cost of the consultant/ firms plus 14% department charges.

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Clause-37 The consultant/ firms shall have to pay sales tax to Excise and Taxation Department in accordance with in rules in force from time to time.

Clause – 38 All payment for work done under this contract shall be made by cheque to the consultant/ firms.

Clause -39 All royalty and compensation for building stone, bajri and stone metal or any other material should be included in the rates to be quoted and is payable by the consultant/ firms.

Clause -40 The rates given are for the finished work inclusive of Octroi charges, sales tax, all duties and all other taxes as applicable.

Clause –41 It will be the responsibility of the consultant/ firms to ensure that trees at the site of work and in the vicinity or their fruit etc. are not damaged by his labour or agent. Cost of damage done, if any, ill be assessed at the discretion of the Engineer-in-charge and deducted from the bill of the consultant/ firms.

Clause-42 The consultant/ firms shall provide at his own cost separate latrine, bathing enclosures and platform for use of the men and women labour and keep them clean to the satisfaction of the Engineer-in-charge. He should also arrange at his own expense for clean drinking water, housing, medical facilities necessary for the welfare of the labour employed at his work. In case of his failure the same shall be provided by the MUNICIPAL CORPORATION, GURGAON at consultant/ firms’s cost. Any dispute regarding this will be settled by the Engineer-in-charge whose decision will be final and binding. Consultant/ firms will also follow the fair wage clause attached.

Clause-43 Any material left on the site of work after one month from the date of completion of the ork shall become the property of the MUNICIPAL CORPORATION, GURGAON and no payment

shall be made for it.

Clause-44 The amount of the work can be increased or decreased according to the requirement of the department and no claim whatsoever on this account will be entertained.

Clause-45 MUNICIPAL CORPORATION, GURGAON reserve the option to take away any items of the work or part thereof at any time during the currency of the contract and re-allot it to another agency with due notice to the consultant/ firms without liability or compensation.

Clause -46 No Claim on account of fluctuation in price due to war or any other cause will be enterained.

Clause-47 The consultant/ firms shall be liable to make good all damages caused by breakage from the moment the stores are handed over to his charge.

Clause-48 No compensation whatsoever will be payable on account of any delay or default in the supply of material mentioned in the “list of material to be issued to’ the consultant/ firms” by the department and consequent delay in the execution of work.

Clause-49 The consultant/ firms will inform the C.M.O about the employment of labourer on the work for carrying out Malaria Surveillance.

Clause-50 The terms and condition of the agreement have been explained to me/us and I/we clearly understand them.

Clause-51 All type of cautionary board, signals for safe and smooth execution of work, diversion of traffic etc. shall be provided by the consultant/ firms at his own cost and nothing extra is payable on this account.

Clause-52 With the issue of allotment letter in the name of lowest agency made by the Executive Engineer, the agreement shall stand concluded and all the clauses, terms and conditions mentioned above and in the tender form shall be applicable, even when the agreement for the work is not signed by the consultant/ firms/firm.

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Clause-53 No premium shall be payable on Non-schedule items. Whether depicted in en-closed schedule of rates or not. Consultant/ firms will quote his separate rates as depicted on page No. 6 of the tender from if required.

MUNICIPAL CORPORATION, GURGAONCONSULTANT/ FIRMS’S LABOUR REGULATION

1. Short Title: The Regulations may be called (I) Haryana Public Works Department Contracts Labour Regulation.2. Definition: In these regulations unless otherwise expressed or indicated the following words and expressions shall have the meaning given hereby against them respectively that is to say.a. “Labour” means workers employed by the consultant/ firms directly or indirectly through a sub consultant/ firms or other person or by an agent on his behalf.b) “Fair Wages” means wages whether for time or piece work notified for the work by district authority and where such wages have not been so notified the wages prescribed by the Haryana Public Works Department for the district in which the work is done.c) “Consultant/ firms” shall include every person whether a sub-consultant/ firms or headman of agent employing labour on the work taken on contract.d) “Wages” Shall have the same meaning as defined in the payment or Wages Act 1936 and include time and piece rate wages.

3. Display of notices regarding wages etc.The consultant/ firms shall before he commences his work in contract, display and correctly maintain and continue to display and correctly maintain a clean and legible condition at conspicuous places on the workers giving the rate wages which have been certified by the Executive Engineer and the Superintending Engineer. The Chief Engineer or Regional Labour Commissioner as fair wages and the hours or work for which such wages are earned and a copy of such notices to the District Labour Welfare Officer.

4. Payment of Wages

(1) Wages due to every worker shall be paid to him directly

(2) All wages shall be in current coin or in both

FIXATION OF WAGES PERIOD

5.w (i)wThe consultant/ firms shall fix wages period in respect of which the wages shall be payable.

(ii) No wages period shall exceed one month.

(iii)Wages of every workman employed on the contract shall be paid before expiry of ten days after the last day of the wage period in respect of which the wages are payable.

(iv) When the employment of any worker is terminated by or on behalf of the consultant/ firms, the

ages earned by him shall be paid before the expiry of the day succeeding the one on hich his employment is terminated.

(v) All the payments of wages shall be made on working day.

6. Wages book and wages slip etc.(i) The Consultant/ firms shall maintain a wage book of each worker in such form as may be

convenient but the same shall include the following particulars.(a) Rate of daily or monthly wages or contract wages.

(b) Name of work on which employed.

(c) Nature of work on which employed.

(d) Total number of days worked during each wage period and total amount payable for the work during each wage period._____________ _________ _____________________


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(e) All deductions made from the wages with an indication in each case of the ground for hich the deduction is made.

(f) Wages actually paid for each wage period.

2 The consultant/ firms shall also maintain a wage slip for each worker employed on the work.

3 wThe authority competent to accept the contract may grant an exemption from maintenance of age book and slips to a consultant/ firms who in his opinion may not directly or indirectly

employ more than 50 persons on the work.

7.w(1) Fines and deductions which may be made from wages: 7(i) the wages of worker shall be paid to him without any deduction of any kind except the following:

(a) Fines

(b) Deduction for absence from duty i.e. from the place where by the term of his

employment is required to work. The amount of deductions shall be in proportion to the period for hich he is absent.

(c) Deduction for damage to or loss of goods expressly entrusted to the employed person for custody or for less or money for which he is required to account, where such damage or loss is directly attributable to his neglect or default.

(d) Any other deduction which Municipal Corporation, Gurgaon may from time to time

allow.

6. No fine shall be imposed on a worker and no deduction for damage of loss shall be

made from his wages until the worker has been given an opportunity or showing causes against such fines or deductions.

7. No fine imposed on a worker shall be recovered from him by instalment or after expiry of 60 days from the date on which it was imposed.

8. Register of fines act-8 (1) The consultant/ firms shall maintain a register of fines and of all deductions for damage of loss. Such register shall mention the reason for which fine was imposed or deduction for damage or loss which was made.

(2) The consultant/ firms shall maintain a list in English and the local Indian language, clearly defining acts and commissions for which penalty of fine can be imposed. He shall display such list and maintain it in a clear and legible condition in a conspicuous place on work.

9 Preservation of Books – The wages book, the slip and the register of fine deduction required to be maintained under this regulation shall be preserved for 12 months after the date of the last entry made in them.

10. Power labour welfare officer to make investigation of enquiry- The Labour Welfare Officer or any other person authorised by the MUNICIPAL CORPORATION, GURGAON on their behalf shall have power to make enquiries with a view to ascertaining and enforcing due and proper observances of the wage clause and the provision of these regulations. He shall investigate into any complaint regarding the default made by the consultant/ firms or subconsultant/ firms in regard to such provision.

11. Report of Labour Welfare Office – The Labour Welfare Officer or any other person authorised as aforesaid shall submit a report of the result of his investigation or enquiry to the Executive Engineer concerned, indicating the extent if any to which the default has been committed and the amount of fine recoverable in respect of the acts of commission of the labours with a note that necessary deduction from the consultant/ firmss will made and the wages and the other dues be paid to the labour concerned.

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12. Appeal against the decision of the Labour Welfare Officer – Any person agreed by the decision and the recommendation of the Labour Welfare Officer or other person so authorised may appeal against such decision to the Labour Commissioner but subject to such appeal, the decision of the officer shall be final and binding upon the consultant/ firms.

13. Representation of Parties a. A workman shall be entitled to be represented in any investigation or inquiry under these regulation by :

a) An officer of a registered Trade Union to which he is a member.

b) An Officer of Federation of Trade Unions to which the trade union referred it in clause

(a) is affiliated.

Where the worker is not a member of any registered union, an officer of registered trade union connected with, or by any other workman employed in the industry in which the worker is employed.

b. An employer shall be entitled to be represented in any investigation or inquiry

under these regulations by:

a) An officer of an association of employers of which he is member/

b) An officer of an association of employees to which the association

referred to in clause (a) is affiliated.

c) Where the employer is not member of any association of employees by

an officer of an association of employers connected with or by any other employer is engaged.

7. No party shall be allowed to be represented by a lawyer during any investigation enquiry appeal to any other proceeding under these regulations.8. Inspection of Register – The consultant/ firms shall allow inspection of the wages slip to any of his

orker or to his agent at a convenient time and places after due notice is received or the Labour Welfare Officer or any other person authorized by the MUNICIPAL CORPORATION, GURGAON on his behalf.9. Submission of return – The consultant/ firms shall submit periodically return as may be specified from time to time.

10. Licensing of consultant/ firms

Every consultant/ firms who employs or who employed on any of the proceeding 12 calendar months 20 or more workmen is covered by the Act and is required to obtain a licence, the consultant/ firms should obtain the necessary licence as required under section 12 of consultant/ firms labour (Regulation and Abolition Act 1970) before commencing the work.

11. Amendment – The Haryana Government may from time to time add or amend these

regulations and or any question as to application, interpretation or effect of these regulations the decision of the Labour Commissioner to Haryana Government or any other person authorized by the MUNICIPAL CORPORATION, GURGAON to that behalf shall be final.

12. The consultant/ firms shall be responsible to provide to the entire satisfaction of the Engineer in-

charge at his own expense the following amenities for the labour employed by him.

i. Suitable temporary halting accommodation.

ii. Trench latrine, bathing enclosure, platforms, separately for men and

omen and their regular cleanliness and clean drinking water.

In the event of his failure to provide any or all the amenities, the same shall be provided by the MUNICIPAL CORPORATION, GURGAON and cost thereof shall be recovered from the consultant/ firms. Any dispute regarding above point shall be settled by the Engineer-in-charge and his decision shall be final.

FAIR WAGES CLAUSES

_____________ _________ _____________________


38

(a) The consultant/ firms shall pay not less than fair wage to labour engaged by him on the work.

Explanatio

Fair wage means wage whether for time or piece of work notified at the time of inviting tenders of the work and where such wages have not been so notified, the wage prescribed by the Public Works Department, Building and Road Branch, Haryana for the district, in which the work is done.

b) The consultant/ firms shall, notwithstanding the provisions of any agreement to the

contrary, caused to be paid fair wages to labours, and indirectly engaged on the work including any labour engaged by his sub consultant/ firmss in connection with said work, as if the labourers had been directly employed by him.

c) In respect of labour directly employed on the works for the performances of the

consultant/ firms’s part of this agreement the contract shall comply with or cause to be complied with the Public Works Department Consultant/ firmss’ labours Regulations made by Government from time to time in regard to payment of wages period, deductions from wages, recovery of wages not paid and deductions unauthorizedly made, maintenance of wage register, wage slip, publication of wages and other terms of employment inspection and submission of periodical returns and all other matters of such like nature.

d) The Executive Engineer or Sub Divisional Engineer concerned shall have the

right to deduct, from the money due to the consultant/ firms, any some required or estimated to be required for making good the loss suffered by a worker or workers by reason of non fulfillment of the conditions of the contract for benefit of the workers, non-payment of wages or deductions made from his or their wages which are not justified by the terms of the contract or for non-observance of the regulation is referred to in clause (c) above).

(e) Vis-à-vis the MUNICIPAL CORPORATION, GURGAON the consultant/ firms, shall be

primarily liable for all payments to be made under and for the observance of the regulations aforesaid, without prejudice to his right to claim indemnity from his sub consultant/ firms.(f) The regulations aforesaid shall be deemed to be a part of this contract and any breach thereof shall be deemed to be a breach of this contract.(g) Attendance card should invariably be issued by the consultant/ firmss to their

orkers, which I should be returned to the consultant/ firmss concerned at the time’ of receiving payment of their wages.

(h) Before making payment to the consultant/ firms, the authorities concerned should obtain a certificate from the consultant/ firms that he has made payment to all workers connected with the execution of the work, for which the payment is being made.(i) The normal working hours of workers employed by consultant/ firmss for the execution of work allotted to them should be 8 hours per day with a break of 2 hours during summer, one hour during winter after continuous work of 4 hours at the most. The spread over should in no. case exceed 10 hours, workers working beyond these hours, should be paid over time ages, at the double the ordinary rate of their wages, calculated by the hour.

LIST OF MATERIALS TO BE ISSUED BYTHE ENGINEER-IN-CHARGE OF THE WORKS TO THE CONSULTANT/ FIRMS

1. All the above materials will be issued at the place of issue given and all the

costs of carriage including loading & unloading from the place of issue to site of work will be borne by the consultant/ firms and this in including in the rate of work to be carried out by consultant/ firms. 2. In case any quality of cement, steel, coal or any other controlled or

uncontrolled commodity for use directly on the aforesaid work of manufactures or materials required in connection there with which is not utilized for the purpose for which it is issued or otherwise disposed off by him or spoiled or lost or allowed to get destroyed or used in excess of the quantities actually required to be used as per specification there-in-stipulated or those fixed by the Engineer-in-charge, the cost of such quantities of the materials shall without prejudice to other rights and remedies available to the MUNICIPAL CORPORATION, GURGAON be recoverable from the consultant/ firms at the double stock rate at which it is agreed to be supplied to the consultant/ firms or double the stock rate for the quantities issued free to cost.3. EXCESSIVE/SHORT CONSUMPTION OF MATERIAL RECOVERY FROM CONSULTANT/ FIRMS_____________ _________ _____________________


39

(a)For excessive consumption of material up to 5% (five percent).

Recovery will be made from the consultant/ firms at issue rate plus 3% percent storage charges.

(b) Excessive consumption of material more than 5%(five percent) Recovery will be made from the consultant/ firms for the excessive consumption of materials

at penal rates provided in the contract plus three percent storage charges.

(c) For short consumption of material up to 5% (five percent)

The recovery of cost of materials saved would be made from the consultant/ firms at issue rates.

(d) In case of less consumption by more than 5%(five percent)

The rates of concerned items will be reduced where less material might have been consumed and the same would be reduced proportionate to the materials used shorter than prescribed. However,

here it is not possible to determine the exact item on which less material has been used, the cost of materials would be recovered from the consultant/ firms at issue rate some and in addition the consultant/ firms will be opened to disciplinary action by the Divisional Officer. In case where the items of ork become non-schedule & non agreement due to less consumption of materials the Executive Engineer may sanction such non-schedule & non agreement rates up to the power of his technical sanction of original works where amount larger than those mentioned above are involved, the rates ill be got approved from the competent authorities concerned who can approve such rates up to their powers to sanction estimates technically should also be left to the Executive Engineer to determine whether the structure is affected adversely by less consumption of material and in cases here he feels that it is likely to be so,

It is for him to reject the work and decision in such matters of Executive Engineer shall be final.

4. 3% storage charge will be levied on all materials issued to the consultant/ firms from stock, the cost of which is recoverable.

5. The Octroi, Terminal Tax Royalty and, other taxes and charge on the materials

issued shall be borne by the consultant/ firms. 6. The recovery of cement and steel shall be made in the usual manner from the running bills for the up to date quantity of such materials issued to the consultant/ firms not withstanding that lesser quantity of cement and steel might have been consumed on the work & the balanced quantity may be lying in the store, at the site of work.

7. Material issued at MUNICIPAL CORPORATION, GURGAON Store if not used

at site will be returned MUNICIPAL CORPORATION, GURGAON Store immediately. In case the material is not returned or lesser material is returned recovery at penal rate will be made at the rates given in the contract plus storage charges.8. The other material mentioned in the list will be supplied to the extent of the separate security deposit of suitable amount as per direction of Engineer-in-charge.9. The rate of cement is inclusive of cost of empty bag.10. The consultant/ firms will have to make his own arrangement for bricks and tiles.

11. The consumption of cement will be regularized as per P.W.D. specification

along with amendments, if any.

ADDITIONAL CONDITION OF CONTRACT

1. The cement will be arranged by the Consultant/ firms/Agency/Firm at his own level. The Consultant/ firms/Agency/Firm may quote his rates accordingly. The provision of stock issues rates for cement and steel mentioned in Gazetted notification dated 21.02.2006 regarding ceiling premium above HSR 1988 are not applicable in this case. 2. The cement will be arranged by the Consultant/ firms/Society/Agency/Firm at his own level. The cement shall be ordinary Portland – 43 grade, duly ISI marked & confirming to ISI-8112

ith latest amendments. The cement manufactured by Mini Cement Plant shall not be used._____________ _________ _____________________


40

. The cement shall be purchased from authorized Distributor or Manufacturer or

Authorized Dealer.

4. The cement arranged by the Consultant/ firms/Agency will be brought at site and shall

be kept in the Store maintained at site, provided with dual locking system i.e. 1 key of lock with st

representative of the department and 2w key of lock with authorized representative of agency.nd

5. The consultant/ firms/agency will inform the Executive Engineer/Assistant Engineer

for the quantity of the cement brought at site with bill/challan in the name of that agency before using the same and Executive Engineer In-charge or his authorized representative may check the actual receipt of cement at site.

6. The Engineer-in-Charge or his authorized representative may, if need be, also

send the cement for testing to any Government Lab, Reputed Lab. The sample of the cement will be collected as per BIS specifications in the presence of the Consultant/ firms/Agency or his authorized representatives. In case the cement is found as per ISI specifications then the cost of testing will be borne by the Department, but in case the cement sample fails to meet the BIS requirements, then appropriate action as per consultant/ firms agreement will be taken. The cost on the testing of cement along with any loss caused to the Government shall also be recovered from the consultant/ firms Agency and no claim in this respect will be entertained.7. The stock of cement at site shall not be more than one month consumption and only sufficient quantities shall be kept to ensure continuity of the work.8. The cement consumption register showing dated cement brought at site by the consultant/ firms/agency and its day-to-day utilization will be maintained. The said register shall be open to inspection by representatives of the Engineer-in-charge during his visit at site. The consumption and receipt in the register shall be initiated jointly by the authorized representative of the consultant/ firms agency and representative of Engineer-in-charge. The said register will be issued by office of concerned Assistant Engineer under his dated signature for each agreement separately. The register will also contain the columns for work executive against the cement issued.9. Quality check register will be maintained at site and regular sampling of work executive every month shall be recorded in the same.

10. MUNICIPAL CORPORATION, GURGAON reserves the right of negotiations as

per policy approved by the State Government with the tenderers in case the prices quoted are fit to be on higher side or otherwise. The negotiations will be carried out with 1, 2w & 3 lowest st nd rd

consultant/ firmss. The highest amongst them will be called first and lowest tenderer in the last. If during negotiation tenderer other than lowest reduces his prices/amount below then those of lowest then lowest tenders will be counter offered this price/amount and in eventuality of him not accepting the counter offered the same shall be offer to second lowest and so forth. Tenderer who refuse the counter offer will not have any right to the bid later on.

11. The Engineer-in-charge can opt for 3 party Inspection other than MUNICIPAL rd

CORPORATION, GURGAON. In addition to inspection by MUNICIPAL CORPORATION, GURGAON staff. The 3 party would inspect the work during its execution to ensure execution of rd

ork as per specifications/agreement and also quality control i.e. drawls of samples, testing & other items etc. The report of the same would be submitted to Engineer-in-charge by the 3 party. The rd

agency/consultant/ firms shall be bound by the report of 3 party inspection and shall take remedial rd

measures for execution of work as per specifications in agreement. The inspection and sample testing charges will be borne by MUNICIPAL CORPORATION, GURGAON.

Variation in the Rates of Bitumen/Emulsion. This has created uncertain conditions for the contracting agencies which is a major block in the way of development works in view of above difficulties being faced by the Department Government has decided to incorporate the following variation Clause, as additional condition, regarding the rates of bitumen/emulsion in the contract documents:-1. That the rate of bitumen/emulsion at the refinery on the date of receipt of tender shall be considered as base rate if during execution of the works, the rate of bitumen/emulsion in-creases or decreases at refinery, the difference in cost shall be paid/recovered from the consultant/ firms in the bill subject to the following conditions:-1.1 The bitumen/emulsion will be arranged by the consultant/ firms from approved refinery only.

1.2 The consultant/ firms shall submit original bill/voucher of the refinery while

claiming the payment for the work done. The bill/voucher should pertain to the period of original contractual time limit and should correspond with the progress of work. No extra payment due to increase in rate of bitumen/emulsion will be paid if the original bill/vouchers are not submitted by the _____________ _________ _____________________


41

agency. No increase in prices of the bitumen emulsion shall be reimbursed to the consultant/ firms beyond the original time period allowed for construction as per contract agreement irrespective of extension of time limit granted to the agency for reason, whatsoever.

1.3 1.3 After approval of tender, the consultant/ firms shall submit the work

programme for execution of work and get it approved from the Engineer-in-Charge in the time limit prescribed in the tender document. The increase in rates of bitumen/emulsion shall only be paid if the bituminous work is carried out within the prescribed period as per the approved work

1.4 Consultant/ firms should stricty comply with the directions contained in the various orders

of Tribunal as well as the MOEF Guidelines 2010 in relation to precautions required to be taken while carrying

on construction

1.5 Consultant/ firms shall put tarapaulin on scaffolding around the area of construction and the building.. No Person including consultant/ firms, owner can be permitted to store any construction material particulary sand on any part of the street, road in any colony.

1.6 The construction material of any kind that is stored in the site will be fully covered in all respects so that It does not disperse in the air in any form

1.7 All the construction material and debris shall be carried in the trucks or other vehicle which

are fully covered and protected so as to ensure that the construction debris or the construction material does not get dispered into the air or atmosphere, in any form whatsoever.

1.8 If any reason, owner or consultant/ firms is found to be violating any of the condition stated in this order or for their non compliance, such person, owner, consultant/ firms shall be liable to pay, compensation of Rs. 50,000/- for each defalt in relation to construction activity at its site and Rs. 5000/- for each violation during carriage and ransporation of construction material, debris through trucks or other vehicle, in terms of section 15 of the NGT Act on the principal of polluter pay. Such action would be in addition not in derogation to the other action that the authority made take against such consultant/ firms, owner, person and transporter under the laws in force.

1.9 If construction is being carried out without taking the preventive and protective environment/ steps as stated in this order and MOEF guidelines, 2010, the State Government, SPCB and any officer of any department as aforestated shall be entitled to direct stoppage of work.

_____________ _________ _____________________


42

AFFIDAVIT

I ______________________________________ S/O Sh. ______________________________________

Resident of ___________________________________________________ Section ________________________ District __________________________________ consultant/ firms/partner/share holders (strike out which is not applicable) (firm or consultant/ firms) do hereby solemnly declare as under:-

1.wThat the person/firms black listed by MUNICIPAL CORPORATION, GURGAON/Haryana Government/

Government of India from time to time never had any connection and interest in my business.

2.wThat the above said consultant/ firms/persons/firms do not have any substituting in my business and

3.wThat the said persons/firms are not employees of my firm and are not in any way connected with my

business

DEPONENT

WITNESS

DATED:

I do hereby solemnly declare that affirm that the above declaration is true and correct to the best of my

knowledge and belief. No part of it is false and nothing has been concealed.

DEPONENT

WITNESS

DATED:

_____________ _________ _____________________


43

Right of MCG to setup a Citizens Supervisory Committee

1. 1. The Commissioner, Municipal Corporation Gurgaon may setup a CSC (Citizen

Supervisory Committee) of any numbers of residents of Municipal Corporation,

Gurgaon who have a stake in this work for supervision of the execution of the work on the ground

2.The execution of entire work will be monitored by the Citizen Supervisory Committee

comprising persons who are stake holder in the work. The consultant/ firms shall be bound to

keep Committee apprised of various important phases of the work right from the

beginning till the end. The consultant/ firms shall also give due consideration to the

suggestion given by this committee may make from time to time with regard to the

quality of work. In the event of consultant/ firms finding such suggestion to be irresponsible or

unacceptable he will bring matter to the notice of the Municipal Corporation Gurgaon.

No Payment will be released to the consultant/ firms for the work/part work till a recommendation to that effect is received from the CSC


44

Disclaimer

The information contained in this Request for Proposal

document (“RFP”) or subsequently provided to Applicants, whether

verbally or in documentary or any other form by or on behalf of the MCG

or any of its employees or advisers, is provided to Applicants on the

terms and conditions set out in this RFP and such other terms and

conditions subject to which such information is provided.

This RFP is not an agreement or an offer by the MCG 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, which reflect various assumptions and assessments arrived

at by the MCG in relation to the services. Such assumptions, assessments

and statements do not purport to contain all the information that each

Applicant may require. This RFP may not be appropriate for all persons,

and it is not possible for the MCG, its employees or advisers to consider

the objectives, technical expertise and particular needs of each party

who reads or uses this RFP. The assumptions, assessments, statements

and information contained in this RFP, may not be complete, accurate,

adequate or correct. Each Applicant should, therefore, conduct its own

investigations and analysis and should check the accuracy, adequacy,

correctness, reliability and completeness of the assumptions,

assessments and information contained in this RFP and obtain

independent advice from appropriate sources.

Information provided in this RFP to the Applicants may be on a


45

wide range of matters, some of which may depend upon interpretation of

law. The information given is not intended to be an exhaustive account of

statutory requirements and should not be regarded as a complete or

authoritative statement of law. The MCG accepts no responsibility for the

accuracy or otherwise for any interpretation or opinion on the law

expressed herein.

The MCG, its employees and advisers make no representation or

warranty and shall have no liability to any person including any Applicant

under any law, statute, rules or regulations or tort, principles of restitution

or unjust enrichment or otherwise for any loss, damages, cost or expense

which may arise from or be incurred or suffered on account of anything

contained in this RFP or otherwise, including the accuracy,

adequacy, correctness, reliability or completeness of the RFP and any

assessment, assumption, statement or information contained therein or

deemed to form part of this RFP or arising in any way in this Selection

Process.

The MCG also accepts no liability of any nature whether resulting

from negligence or otherwise however caused arising from reliance of

any Applicant upon the statements contained in this RFP.

The MCG may in its absolute discretion, but without being under

any obligation to do so, update, amend or supplement the information,

assessment or assumption contained in this RFP.

The issue of this RFP does not imply that the MCG is bound to select

an Applicant or to appoint the Selected Applicant, as the case may be, for

the Services and the MCG reserves the right to reject all or any of the

Proposals without assigning any reasons whatsoever.


46

The Applicant shall bear all its costs associated with or relating to

the preparation and submission of its Proposal including but not limited

to preparation, copying, postage, delivery fees, expenses associated with

any demonstrations or presentations which may be required by the MCG

or any other costs incurred in connection with or relating to its Proposal.

All such costs and expenses will remain with the Applicant and the MCG

shall not be liable in any manner whatsoever for the same or for any

other costs or other expenses incurred by an Applicant in preparation

or submission of the Proposal, regardless of the conduct or outcome of

the Selection Process.


47

1. INTRODUCTION

1.1 Background

1.1.1 Gurgaon City generates about 500MT of municipal solid waste (MSW)

every day. The waste characterization shows availability of over 300 Tons

of Biodegradable waste every day; indicating a good opportunity for

energy recovery from organic waste through bio-methanation.

The Municipal Corporation of Gurgaon intends to explore the opportunity

to utilise the high organic content waste generated from fruit & vegetable

market and hotels for energy recovery. In order to carry out the said

assignment, the MCG has decided to engage services of a

Firm/Agency/Company (hereby referred to as “Consultant”), to Conduct a

feasibility study for Setting-up ‘Waste to Energy Plant’ (Bio-methanation of

Organic Waste - Fruit & vegetable market and Hotel Waste) at Gurgaon.

1.1.2 The MCG decided that the Consultant will be selected through a competitive

bidding process. The Consultant shall provide services in accordance with the

terms and conditions stated in the agreement to be entered into between the

MCG and the Consultant (the “Agreement”).

1.1.3 In pursuance of the above, the MCG has decided to carry out the process for

selection of a Consultant in accordance with the Terms of Reference specified

at Schedule-1 (the “TOR”).

1.2 Request for Proposal

The MCG invites proposals from interested bidders (the “Proposals”) for

selection of a Consultant, who shall assist the MCG in conducting the

feasibility study for setting up “Waste to Energy Plant” (Bio-

methanation) at Gurgaon.

The MCG intends to select the Consultant through an open competitive

bidding in accordance with the procedure set out herein. A bidder shall be

selected for the above mentioned purpose under Quality and Cost Based

Selection (QCBS) procedure as described in clause 3.3.

1.3 Due diligence by Applicants


48

Bidders are encouraged to inform themselves fully about the assignment

before submitting the Proposal and attending a Pre-Proposal Conference on

the date and time specified in Clause 1.10.

1.4 Sale of RFP Document

RFP document can be obtained as per the schedule given in the tender

document

Bid document is available at the MCG’s website www.mcg.gov.in from

21.07.2015. Interested parties may download the bid documents from the

website and submit their offer. Bidders submitting the bid after downloading

from the website shall have to furnish the fees amounting to Rs. 1000/-

(Rupees one thousand only) along with bid documents.

1.5 Validity of the Proposal

The Proposal shall be valid for a period of not less than 90 days from the Proposal Due Date (the “PDD”).

1.6 Brief description of the Selection Process

The MCG has adopted a two stage selection process (collectively the

“Selection Process”) in evaluating the Proposals comprising technical and

financial bids to be submitted in two separate sealed envelopes. In the first

stage, a technical evaluation will be carried out as specified in Clause 3.1. Based

on this technical evaluation, a list of short-listed applicants shall be prepared

as specified in Clause 3.2. In the second stage, a financial evaluation will be

carried out for the shortlisted applicants as specified in Clause 3.3. Proposals will

finally be ranked according to their combined technical and financial scores as

specified in Clause 3.4. The first ranked Applicant (the “Selected Applicant”)

shall be called for negotiation, if necessary, while the second ranked

Applicant will be kept in reserve.

1.7 Payment to Consultant

1.7.1 All payments to the Consultant shall be made in INR in accordance with the

provisions of this RFP. The Consultant may convert INR into any foreign

currency as per Applicable Laws and the exchange risk, if any, shall be borne


49

by the Consultant. The fee shall be quoted in INR only.

1.8 Schedule of Selection Process

The MCG would endeavour to adhere to the schedule given in the bid document:

Event Description Date 1. Last date for receiving queries /

clarifications 30.07.2015 upto 13:00 Hrs.

2. Pre-Proposal Conference 30.07.2015 at 10:00 Hrs 3. MCG response to queries 30.07.2015 upto 17:00 Hrs 4. Proposal Due Date or PDD As per schedule 5. Opening of Proposals On Proposal Due Date 6. Letter of Award (LOA) Within 15 days of opening of

Financial proposal 7. Signing of Agreement Within 7 Days of LOA 8. Validity of Applications 90 days of Proposal Due Date

1.9 Pre-Proposal visit

Prospective applicants may visit the office of the MCG to review the available

documents and data at any time prior to Proposed Due Date. For this

purpose, they will provide at least two days’ notice to the nodal officer

specified below:

(Vishal Bansal)

Executive Engineer-IV

Municipal Corporation

Gurgaon

Email id:- [email protected]

Ph-9650511044

1.10 Pre-Proposal Conference

The date, time and venue of Pre-Proposal Conference shall be:


50

Date: As per Clause 1.8

30. 07. 2015 at 10:00 H r s

1.11 Communications

1.11.1 All communications including the submission of Proposal should be addressed to:

Vishal Bansal

Executive Engineer-IV


Gurgaon

(Sec-34, Infocity near Hero Honda CHowk, Gurgaon)

1.11.2 The Official Website of the MCG is:

www.mcg.gov.in

1.11.3 All communications, including the envelopes, should contain the following

information, to be marked at the top in bold letters:

RFP Notice No. _________ for Appointment of Consultant to Conduct feasibility study for setting up “Waste to Energy Plant” (Bio-methanation), Gurgaon.


51

2. INSTRUCTIONS TO APPLICANTS

A. GENERAL

2.1 Scope of Proposal

2.1.1 Detailed description of the objectives, scope of services, deliverables

and other requirements relating to this Consultancy services are specified in

this RFP. In case an applicant firm possesses the relevant1 experience and

capabilities required for undertaking the services, it may participate in the

Selection Process in response to this invitation. Consortium of firms is not

allowed. The term applicant (the “Applicant”) means the sole bidding agency.

The manner in which the Proposal is required to be submitted, evaluated

and accepted is explained in this RFP.

2.1.2 Applicants are advised that the selection of Consultant shall be on the

basis of an evaluation by the MCG (the “Client”) through the Selection Process

specified in this RFP. Applicants shall be deemed to have understood and

agreed that no explanation or justification for any aspect of the Selection

Process will be given and that the Client’s decisions are without any right of

appeal whatsoever.

2.1.3 The Applicant shall submit its Proposal in the form and manner specified in

this Section of the RFP. The Technical proposal shall be submitted in the

form at Appendix-I and the Financial Proposal shall be submitted in the form

at Appendix-II.

2.1.4 Key Personnel & Support Staff

The Consultant’s team shall consis t of the following key personnel (the

“Key Personnel”) for the study. The Key Personnel proposed are as follows:

Key Personnel

1 Solid Waste Management expert- having minimum 10 years experince

2 Waste to Energy Expert- having minimum 10 years experince 3 Financial Expert

1 experience in solid waste management projects


52

2.2 Conditions of Eligibility of Applicants

2.2.1 Applicants must read carefully the minimum conditions of eligibility (the

“Conditions of Eligibility”) provided herein. Proposals of only those

Applicants who satisfy the Conditions of Eligibility will be considered for

evaluation.

2.2.2 To be eligible for evaluation of its Proposal, the Applicant shall fulfil the following:

(A) A legal entity, reputed central/state government owned institutes or

private institutes/ organizations/ companies/partnership firms/

registered (copy of incorporation/registration needs to be submitted)

under applicable state law for at least 05 years prior to being contracted

to work for the project

(B) Joint ventures and consortium are not eligible for bidding

(C) The Applicant firm should have a minimum manpower of at least 300

staff.

(D) Financial Capacity: The Applicant shall have a minimum average

annual turnover of INR 20 Lac (INR twently Lac) from Professional fee

during the three financial years preceding the PDD. For the

avoidance of doubt, turnover would mean professional fees received by

the Applicant for providing advisory or consultancy services to its

clients.

2.2.3 The Applicant shall enclose with its Proposal, certificate(s) from its Statutory

Auditors$ stating its total revenues from professional fees during each of the

past three financial years. In the event that the Applicant does not have a

statutory auditor, it shall provide the requisite certificate(s) from the firm of

Chartered Accountants that ordinarily audits the annual accounts of the

Applicant.

2.2.4 The Applicant should submit a Power of Attorney as per the format at Form - 3 of

Appendix- I; provided, however, that such Power of Attorney would not be

required if the Application is signed by a partner or Director (on the Board of

Directors) of the Applicant.

$ No separate annual financial statements should be submitted


53

2.2.5 While submitting a Proposal, the Applicant should attach clearly marked and

referenced continuation sheets in the event that the space provided in the

specified forms in the Appendices is insufficient. Alternatively, Applicants may

format the specified forms making due provision for incorporation of the

requested information.

2.3 Conflict of Interest

2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection

Process (the “Conflict of Interest”). Any Applicant found to have a Conflict of

Interest shall be disqualified. In the event of disqualification, the MCG shall forfeit

and appropriate the Performance Security, if available, as mutually agreed

genuine pre-estimated compensation and damages payable to the MCG for,

inter alia, the time, cost and effort of the MCG including consideration of such

Applicant’s Proposal, without prejudice to any other right or remedy that may

be available to the MCG hereunder or otherwise.

2.3.2 The Client requires that the Consultant provides professional, objective, and

impartial advice and at all times hold the Client’s interests paramount, avoid

conflicts with other assignments or its own interests, and act without any

consideration for future work. The Consultant shall not accept or engage in

any assignment that would be in conflict with its prior or current obligations to

other clients, or that may place it in a position of not being able to carry out the

assignment in the best interests of the Client.

2.3.3 Some guiding principles for identifying and addressing Conflicts of Interest have

been illustrated in the Guidance Note at Schedule-2. Without limiting the

generality of the above, an Applicant shall be deemed to have a Conflict of

Interest affecting the Selection Process, if:

(a) the Applicant, its member (the “Member”) or Associates (or any

constituent thereof) and any other Applicant, its member or

Associate (or any constituent thereof) have common controlling

shareholders or other ownership interest; provided that this

disqualification shall not apply in cases where the direct or indirect


54

shareholding or ownership interest of an Applicant, its Member or

Associate (or any shareholder thereof having a shareholding of

more than 5 per cent of the paid up and subscribed share capital of

such Applicant, Member or Associate, as the case may be) in the

other Applicant, its member or Associate is less than 5% (five per

cent) of the subscribed and paid up equity share capital thereof. For

the purposes of this Clause 2.3.3(a), indirect shareholding held

through one or more intermediate persons shall be computed as

follows: (aa) where any intermediary is controlled by a person through

management control or otherwise, the entire shareholding held by

such controlled intermediary in any other person (the “Subject

Person”) shall be taken into account for computing the shareholding

of such controlling person in the Subject Person; and (bb) subject

always to Sub-clause (aa) above, where a person does not exercise

control over an intermediary, which has shareholding in the Subject

Person, the computation of indirect shareholding of such person in the

Subject Person shall be undertaken on a proportionate basis; provided,

however, that no such shareholding shall be reckoned under this Sub-

clause (bb) if the shareholding of such person in the intermediary is

less than 26% (twenty six per cent) of the subscribed and paid up

equity shareholding of such intermediary; or

(b) a constituent of such Applicant is also a constituent of another Applicant; or

(c) such Applicant or its Associate receives or has received any direct or

indirect subsidy or grant from any other Applicant or its Associate; or

(d) such Applicant has the same legal representative for purposes of this

Application as any other Applicant; or

(e) such Applicant has a relationship with another Applicant, directly or

through common third parties, that puts them in a position to have

access to each other’s information about, or to influence the Application

of either or each of the other Applicant; or

(f) there is a conflict among this and other consulting assignments of the


55

Applicant (including its personnel and other members, if any) and any

subsidiaries or entities controlled by such Applicant or having common

controlling shareholders. The duties of the Consultant will depend on

the circumstances of each case. While providing services to the Client

for this particular assignment, the Consultant shall not take up any

assignment that by its nature will result in conflict with the present

assignment; or

(g) a firm which has been engaged by the Client to provide goods or

works or services for a project, and its Associates, will be disqualified

from providing consulting services for the same project save and

except as provided in Clause 2.3.4; conversely, a firm hired to provide

consulting services for the preparation or implementation of a project,

and its Members or Associates, will be disqualified from subsequently

providing goods or works or services related to the same project; or

(h) the Applicant, its Member or Associate (or any constituent thereof), and

the bidder or concessionaire or EPC consultant/ firms, if any, for the

Project, its consultant/ firms(s) or sub-consultant/ firms(s) (or any

constituent thereof) have common controlling shareholders or other

ownership interest; provided that this disqualification shall not apply

in cases where the direct or indirect shareholding or ownership interest

of an Applicant, its Member or Associate (or any shareholder thereof

having a shareholding of more than 5% (five per cent) of the paid up

and subscribed share capital of such Applicant, Member or Associate,

as the case may be,) in the bidder or concessionaire or EPC

consultant/ firms, if any, or its consultant/ firms(s) or sub-consultant/

firms(s) is less than 5% (five per cent) of the paid up and subscribed

share capital of such concessionaire / EPC consultant/ firms or its

consultant/ firms(s) or sub-consultant/ firms(s); provided further that

this disqualification shall not apply to ownership by a bank, insurance

company, pension fund or a Public Financial Institution referred to in

section 2 (72) of the Companies Act 2013. For the purposes of this Sub-

clause (h), indirect shareholding shall be computed in accordance with

the provisions of Sub-clause (a) above.


56

For purposes of this RFP, Associate means, in relation to the Applicant, a person

who controls, is controlled by, or is under the common control with such

Applicant, or is deemed or published as an “Associate Office”; or has a formal

arrangement such as tie up for client referral or technology sharing, joint

venture with the Applicant (the “Associate”); provided, however, that if the

Applicant has any formal arrangement such as consortium membership in a

consortium of advisers/ consultants for a particular assignment/ project, not

being this project, with any other person, then such other person shall not be

treated to be an Associate of the Applicant solely due to the reason of forming

such consortium. As used in this definition, the expression “control” means,

with respect to a person which is a company or corporation, the ownership,

directly or indirectly, of more than 50% (fifty per cent) of the voting shares of

such person, and with respect to a person which is not a company or

corporation, the power to direct the management and policies of such person

by operation of law or by contract.

2.3.4 An Applicant eventually appointed to provide Services for this Project, its

Associates, affiliates and the Team members, shall be disqualified from

subsequently providing goods or works or services related to the

construction and operation of the same Project and any breach of this

obligation shall be construed as Conflict of Interest; provided that the

restriction herein shall not apply after a period of 3 (three) years from the

completion of this assignment or to any consulting assignments granted by

banks/ lenders at any time; provided further that this restriction shall not

apply to consultancy/ advisory services performed for the Client in

continuation of this Services or to any subsequent consultancy/ advisory

services performed for the MCG in accordance with the rules of the MCG. For

the avoidance of doubt, an entity affiliated with the Consultant shall include a

partner in the firm or a person who holds more than 5% (five per cent) of

the subscribed and paid up share capital of the firm, as the case may be, and

any Associate thereof. For the avoidance of doubt, in the event that: (a)

any member Applicant/ Consultant was a partner or an employee of

another firm, which attracts the provisions relating to Conflict of Interest

hereunder; and (b) was directly or indirectly associated with any assignment

that causes a Conflict of Interest hereunder, then such member shall be


57

deemed to suffer from Conflict of Interest for the purpose hereof.

2.3.5 In the event that the Consultant, its Associates or affiliates are auditors or

financial advisers to any of the bidders for the Project, they shall make a

disclosure to the Client as soon as any potential conflict comes to their notice

but in no case later than 7 (seven) days from the opening of the RFQ

applications for the Project and any breach of this obligation of disclosure

shall be construed as Conflict of Interest. The MCG shall, upon being

notified by the Consultant under this Clause 2.3.5, decide whether it wishes

to terminate this Consultancy Services or otherwise, and convey its decision

to the firm within a period not exceeding 15 (fifteen) days.

2.4 Number of Proposals

No Applicant or its Associate shall submit more than one Application for the

Services. An Applicant applying individually or as an Associate shall not be

entitled to submit another application either individually or as a member of any

Applicant, as the case may be.

2.5 Cost of Proposal

The Applicants shall be responsible for all of the costs associated with the

preparation of their Proposals and their participation in the Selection Process

including subsequent negotiation, visits to the Client’s office, Project site etc. The

Client will not be responsible or in any way liable for such costs, regardless of

the conduct or outcome of the Selection Process.

2.6 Visit to the MCG and verification of information

Applicants are encouraged to submit their respective Proposals after visiting

the office of the Client and ascertaining for themselves the availability of

documents and other data with the MCG, Applicable Laws and regulations or

any other matter considered relevant by them.

2.7 Acknowledgement by Applicant

2.7.1 It shall be deemed that by submitting the Proposal, the Applicant has:

(a) made a complete and careful examination of the RFP;


58

(b) received all relevant information requested from the Client;

(c) accepted the risk of inadequacy, error or mistake in the information provided in the RFP or furnished by or on behalf of the Client or relating to any of the matters referred to in Clause 2.6 above;

(d) satisfied itself about all matters, things and information, including matters referred to in Clause 2.6 herein above, necessary and required for submitting an informed Application and performance of all of its obligations thereunder;

(e) acknowledged that it does not have a Conflict of Interest; and

(f) agreed to be bound by the undertaking provided by it under and in terms hereof.

2.7.2 The Client shall not be liable for any omission, mistake or error in respect

of any of the above or on account of any matter or thing arising out of or

concerning or relating to RFP or the Selection Process, including any error

or mistake therein or in any information or data given by the Client.

2.8 Right to reject any or all Proposals

2.8.1 Notwithstanding anything contained in this RFP, the Client reserves the right to

accept or reject any Proposal and to annul the Selection Process and reject

all Proposals, at any time without any liability or any obligation for such

acceptance, rejection or annulment, and without assigning any reasons

therefor.

2.8.2 Without prejudice to the generality of Clause 2.8.1, the Client reserves the

right to reject any Proposal if:

(a) at any time, a material misrepresentation is made or discovered, or

(b) the Applicant does not provide, within the time specified by the Client,

the supplemental information sought by the Client for evaluation of the

Proposal.

Misrepresentation/ improper response by the Applicant may lead to the

disqualification of the Applicant. If such disqualification / rejection occurs after

the Proposals have been opened and the highest ranking Applicant gets


59

disqualified / rejected, then the Client reserves the right to consider the next

best Applicant, or take any other measure as may be deemed fit in the sole

discretion of the MCG, including annulment of the Selection Process.

B. DOCUMENTS

2.9 Contents of the RFP

2.9.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as

listed below and will additionally include any Addendum / Amendment

issued in accordance with Clause 2.11:

Request for Proposal

1 Introduction

2 Instructions to Applicants

3 Criteria for Evaluation

4 Fraud and corrupt practices

5 Pre-Proposal Conference

6 Miscellaneous

Schedules

1 Terms of Reference

2 Guidance Note on Conflict of Interest

3 Appendices

Appendix – I: Technical Proposal

Form 1 : Letter of Proposal

Form 2 : Particulars of the Applicant

Form 3 : Power of Attorney

Form 4 : Financial Capacity of the Applicant

Form 5 : Particulars of Key Personnel

Form 6 : Abstract of Eligible Assignments of the Applicant

Form 6A : Abstract of other relevant experience of the Applicant


60

Form 7 : Abstract of Eligible Assignments of Key Personnel

Form 7A : Abstract of other relevant experience of Key Personnel

Form 8 : Eligible Assignments of Applicant

Form 8A : Other relevant assignments of Applicant

Form 9 : Eligible Assignments of Key Personnel

Form 9A : Other relevant assignments of Key Personnel

Form 10 : CVs of Professional Personnel

Form 11 : Proposal for Sub-consultant(s)

Appendix – II: Financial Proposal

Form 1 : Covering Letter

Form 2 : Financial Proposal

2.10 Clarifications

2.10.1 Applicants requiring any clarification on the RFP may send their queries to the

Client in writing before the date mentioned in the Schedule of Selection

Process at Clause 1.8. The envelopes shall clearly bear the following

identification:

“Queries/Request for Additional Information concerning RFP to Conduct

Feasibility study for setting up of ‘Waste to Energy Plant’ (Bio-methanation),

Gurgaon”

The Client shall endeavour to respond to the queries within the period specified

therein but no later than 7 (seven) days prior to the PDD. The responses

will be sent by fax or e-mail. The Client will post the reply to all such

queries on the Official Website and copies thereof will also be circulated to all

Applicants who have purchased the RFP document without identifying the

source of queries.

2.10.2 The Client reserves the right not to respond to any queries or provide any

clarifications, in its sole discretion, and nothing in this Clause 2.10 shall be


61

construed as obliging the Client to respond to any question or to provide

any clarification.

2.11 Amendment of RFP

2.11.1 At any time prior to the deadline for submission of Proposal, the Client

may, for any reason, whether at its own initiative or in response to

clarifications requested by an Applicant, modify the RFP document

by the issuance of Addendum/ Amendment and posting it on the

Official Website and by conveying the same to the prospective

Applicants (who have purchased the RFP document) by fax or e-mail.

2.11.2 All such amendments will be notified in writing through fax or e-mail to all

Applicants who have purchased the RFP document. The amendments will

also be posted on the Official Website along with the revised RFP

containing the amendments and will be binding on all Applicants.

2.11.3 In order to afford the Applicants a reasonable time for taking an

amendment into account, or for any other reason, the MCG may, in its sole

discretion, extend the PDD$

C. PREPARATION AND SUBMISSION OF PROPOSAL

2.12 Language

The Proposal with all accompanying documents (the “Documents”) and all

communications in relation to or concerning the Selection Process shall be in

English language and strictly on the forms provided in this RFP. No supporting

document or printed literature shall be submitted with the Proposal unless

specifically asked for and in case any of these Documents is in another

language, it must be accompanied by an accurate translation of all the relevant

passages in English, in which case, for all purposes of interpretation of the

Proposal, the translation in English shall prevail.

2.13 Format and signing of Proposal

$ While extending the Proposal Due Date on account of an addendum, the MCG shall have due regard for the time required by bidders to

address the amendments specified therein. In the case of significant amendments, at least 15 (fifteen) days shall be provided between the date of amendment and the Proposal Due Date, and in the case of minor amendments, at least 7 (seven) days shall be provided.


62

2.13.1 The Applicant shall provide all the information sought under this RFP. The

Client would evaluate only those Proposals that are received in the specified

forms and complete in all respects.

2.13.2 The Applicant shall prepare one original set of the Proposal (together with

originals/ copies of Documents required to be submitted along therewith

pursuant to this RFP) and clearly marked “ORIGINAL”. In addition, the

Applicant shall submit 1 (one) copy of the Proposal, along with

Documents, marked “COPY”. In the event of any discrepancy between the

original and its copies, the original shall prevail.

2.13.3 The Proposal, and its copy, shall be typed or written in indelible ink and

signed by the authorized signatory of the Applicant who shall initial each

page, in blue ink. In case of printed and published Documents, only the cover

shall be initialed. All the alterations, omissions, additions, or any other

amendments made to the Proposal shall be initialed by the person(s)

signing the Proposal. The Proposals must be properly signed by the

authorized representative (the “Authorized Representative”) as detailed

below:

(a) by the proprietor, in case of a proprietary firm; or

(b) by a partner, in case of a partnership firm and/or a limited liability partnership; or

(c) by a duly authorized person holding the Power of Attorney, in case of a Limited Company or a corporation; or

A copy of the Power of Attorney certified by a notary public in the form specified

in Appendix-I (Form-3) shall accompany the Proposal (if required).

2.13.4 Applicants should note the PDD, as specified in Clause 1.8, for submission of Proposals.

Except as specifically provided in this RFP, no supplementary material will be

entertained by the Client, and that evaluation will be carried out only on the basis

of Documents received by the closing time of PDD as specified in Clause 2.17.1.

Applicants will ordinarily not be asked to provide additional material

information or documents subsequent to the date of submission, and


63

unsolicited material if submitted will be summarily rejected.

2.14 Technical Proposal

2.14.1 Applicants shall submit the technical proposal in the formats at Appendix-I (the “Technical Proposal”).

2.14.2 While submitting the Technical Proposal, the Applicant shall, in particular, ensure that:

(a) all forms are submitted in the prescribed formats and signed by the

prescribed signatories;

(b) power of attorney, if applicable, is executed as per Applicable Laws;

(c) CVs of all Key Personnel have been included;

(d) Key Personnel have been proposed only if they meet the Conditions of

Eligibility laid down at Clause 2.2.2 (D) of the RFP;

(e) no alternative proposal for any Key Personnel is being made and only

one CV for each position has been furnished;

(f) the CVs have been recently signed and dated, in blue ink by the

respective Personnel and counters igned by the Applicant.

Photocopy or unsigned / countersigned CVs shall be rejected;

(g) the CVs shall contain an undertaking from the respective Key

Personnel about his/her availability for the duration specified in the

RFP;

(h) Key Personnel proposed have good working knowledge of English

language;

(i) Key Personnel would be available for the period indicated in the

TOR;

(j) no Key Personnel should have attained the age of 75 years at the

time of submitting the proposal; and

(k) the proposal is responsive in terms of Clause 2.21.3.

2.14.3 Failure to comply with the requirements spelt out in this Clause 2.14 shall make

the Proposal liable to be rejected.


64

2.14.4 If an individual Key Personnel makes a false averment regarding his

qualification, experience or other particulars, he shall be liable to be debarred

for any future assignment of the Client for a period of 3 (three) years. The

award of these Services to the Applicant may also be liable to cancellation in

such an event.

2.14.5 The Technical Proposal shall not include any financial information relating to the Financial Proposal.

2.14.6 The proposed team shall include experts and specialists (the “Key Personnel”)

in their respective areas of expertise and managerial/support staff (the

“Support Personnel”) such that the Consultant should be able to complete the

Services. The team shall comprise other competent and experienced

professional personnel in the relevant2 areas of expertise (where applicable) as

required for successful completion of these Services. The CV of each such

professional personnel, if any, should also be submitted in the format at Form-10

of Appendix-I.

2.14.7 An Applicant may, from time to time, if it considers necessary, propose suitable

Sub-Consultants in specific areas of expertise (where applicable). Credentials of

such Sub-Consultants should be submitted by the Applicant in Form-11 of

Appendix-I. A Sub-Consultant, however, shall not be a substitute for any Key

Personnel.

2.14.8 The Client reserves the right to verify all statements, information and documents,

submitted by the Applicant in response to the RFP. Any such verification or

the lack of such verification by the Client to undertake such verification shall

not relieve the Applicant of its obligations or liabilities hereunder nor will it affect

any rights of the Client thereunder.

2.14.9 In case it is found during the evaluation or at any time before signing of the

Agreement or after its execution and during the period of subsistence

thereof, that one or more of the eligibility conditions have not been met by the

Applicant or the Applicant has made material misrepresentation or has given

any materially incorrect or false information, the Applicant shall be



65

disqualified forthwith if not yet appointed as the CONSULTANT either by

issue of the LOA or entering into of the Agreement, and if the Selected

Applicant has already been issued the LOA or has entered into the

Agreement, as the case may be, the same shall, notwithstanding anything to the

contrary contained therein or in this RFP, be liable to be terminated, by a

communication in writing by the Client without the Client being liable in any

manner whatsoever to the Selected Applicant or Consultant, as the case may be.

In such an event, the Client shall forfeit and appropriate the Performance

Security, if available, as mutually agreed pre-estimated compensation and

damages payable to the Client for, inter alia, time, cost and effort of the Client ,

without prejudice to any other right or remedy that may be available to the

Client.

2.15 Financial Proposal

2.15.1 Applicants shall submit the financial proposal in the formats at Appendix-II (the

“Financial Proposal”) clearly indicating its quote for the Services (Form-2 of

Appendix II) in both figures and words, in Indian Rupees, and signed by the

Applicant’s Authorized Representative. In the event of any difference

between figures and words, the amount indicated in words shall prevail. In the

event of a difference between the arithmetic total and the total shown in the

Financial Proposal, the lower of the two shall prevail.

2.15.2 While submitting the Financial Proposal, the Applicant shall ensure the following:

(i) All the costs associated with the key personnel shall be included in

the Financial Proposal. These shall normally cover remuneration

for all the Personnel (Expatriate and Resident, in the field, office

etc.), accommodation, equipment, printing of documents, local

commutation of key personnel etc., however it shall exclude out of pocket

expenses such as travel, accommodation to other locations in the

state/nation/ international visits. . The total amount indicated in the

Financial Proposal shall be without any condition attached or subject to

any assumption, and shall be final and binding. In case any assumption

or condition is indicated in the Financial Proposal, it shall be

considered non-responsive and liable to be rejected.


66

(ii) The Financial Proposal shall take into account all expenses and tax

liabilities. For the avoidance of doubt, it is clarified that all taxes shall be

deemed to be included in the costs shown under different items of the

Financial Proposal. Further, all payments shall be subject to deduction of

taxes at source as per Applicable Laws.

(iii) Costs (including break down of costs) shall be expressed in INR.

2.16 Submission of Proposal

2.16.1 The Applicants shall submit the Proposal in hard bound form with all pages

numbered serially and by giving an index of submissions. Each page of the

submission shall be initialed by the Authorized Representative of the

Applicant as per the terms of this RFP. In case the proposal is submitted on the

document downloaded from Official Website, the Applicant shall be

responsible for its accuracy and correctness as per the version uploaded by

the Client and shall ensure that there are no changes caused in the content of the

downloaded document. In case of any discrepancy between the downloaded or

photocopied version of the RFP and the original RFP issued by the Client, the

latter shall prevail.

2.16.2 The Proposal will be sealed in an outer envelope which will bear the address of the

Client, RFP Notice number, Services name as indicated at Clause 1.11.1 and

1.11.3 and the name and address of the Applicant. It shall bear on top, the

following:

“Do not open, except in presence of the Authorized Person of the MCG”

If the envelope is not sealed and marked as instructed above, the Client

assumes no responsibility for the misplacement or premature opening of the

contents of the Proposal submitted and consequent losses, if any, suffered by

the Applicant.

2.16.3 The aforesaid outer envelope will contain two separate sealed envelopes; one

clearly marked ‘Technical Proposal’ and the other clearly marked ‘Financial

Proposal’. The envelope marked “Technical Proposal” shall contain the

Application in the prescribed format (Form 1 of Appendix-I) along with Forms 2

to 11 of Appendix-I and supporting documents.


67

The envelope marked “Financial Proposal” shall contain the financial proposal

in the prescribed format (Forms 1 & 2 of Appendix-II).

2.16.4 The Technical Proposal and Financial Proposal shall be typed or written in

indelible ink and signed by the Authorized Representative of the Applicant. All

pages of the original Technical Proposal and Financial Proposal must be

numbered and initialed by the person or persons signing the Proposal.

2.16.5 The completed Proposal must be delivered on or before the specified time on

PDD. Proposals submitted by fax, telex, telegram or e-mail shall not be

entertained.

2.16.6 The Proposal shall be made in the Forms specified in this RFP. Any

attachment to such Forms must be provided on separate sheets of paper and

only information that is directly relevant should be provided. This may include

photocopies of the relevant pages of printed documents. No separate

documents like printed annual statements, firm profiles, copy of contracts etc.

will be entertained.

2.16.7 The rates quoted shall be firm throughout the period of performance of the

assignment up to and including discharge of all obligations of the PMU Team

under the Agreement.

2.17 Proposal Due Date

2.17.1 Proposal should be submitted as per schedule on the PDD specified at Clause

1.8 at the address provided in Clause 1.11 in the manner and form as detailed

in this RFP.

2.17.2 The Client may, in its sole discretion, extend the PDD by issuing an Addendum in

accordance with Clause 2.11 uniformly for all Applicants.

2.18 Late Proposals

Proposals received by the Client after the specified time on PDD shall not be

eligible for consideration and shall be summarily rejected.

2.19 Modification/ substitution/ withdrawal of Proposals

2.19.1 The Applicant may modify, substitute, or withdraw its Proposal after


68

submission, provided that written notice of the modification, substitution, or

withdrawal is received by the MCG prior to PDD. No Proposal shall be modified,

substituted, or withdrawn by the Applicant on or after the PDD.

2.19.2 The modification, substitution, or withdrawal notice shall be prepared, sealed,

marked, and delivered in accordance with Clause 2.16, with the envelopes

being additionally marked “MODIFICATION”, “SUBSTITUTION” or

“WITHDRAWAL”, as appropriate.

2.19.3 Any alteration / modification in the Proposal or additional information or

material supplied subsequent to the PDD, unless the same has been expressly

sought for by the Client, shall be disregarded.

2.20 Performance Security

The Applicant, by submitting its Application pursuant to this RFP, shall be

deemed to have acknowledged that without prejudice to the Client ’s any other

right or remedy hereunder or in law or otherwise, the Performance Security, if

available, shall be forfeited and appropriated by the Client as the mutually

agreed pre-estimated compensation and damage payable to the Client for, inter

alia, the time, cost and effort of the Client in regard to the RFP including the

consideration and evaluation of the Proposal under the following conditions:

(a) If an Applicant engages in any of the Prohibited Practices specified in

Clause 4.1 of this RFP;

(b) if the Applicant is found to have a Conflict of Interest as specified in

Clause 2.3; and

(c) if the selected Applicant commits a breach of the Agreement.


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D. EVALUATION PROCESS

2.21 Evaluation of Proposals

2.21.1 The Client shall open the Proposals as per schedule on the PDD, at the place

specified in Clause 1.11.1 and in the presence of the Applicants who choose to

attend. The envelopes marked “Technical Proposal” shall be opened first. The

envelopes marked “Financial Proposal” shall be kept sealed for opening at a

later date.

2.21.2 Proposals for which a notice of withdrawal has been submitted in accordance

with Clause 2.19 shall not be opened.

2.21.3 Prior to evaluation of Proposals, the MCG will determine whether each

Proposal is responsive to the requirements of the RFP. A Proposal shall be

considered responsive only if:

(a) The Technical Proposal is received in the form specified at Appendix-I;

(b) It is received by the PDD including any extension thereof pursuant to

Clause 2.17;

(c) it is signed, sealed, bound together in hard cover and marked as

stipulated in Clauses 2.13 and 2.16;

(d) It is accompanied by the Power of Attorney as specified in Clause

2.2.4;

(e) It contains all the information (complete in all respects) as requested in

the RFP;

(f) It does not contain any condition or qualification; and

(g) It is not non-responsive in terms hereof.

2.21.4 The Client reserves the right to reject any Proposal which is non-responsive

and no request for alteration, modification, substitution or withdrawal shall be

entertained by the Client in respect of such Proposals.

2.21.5 The Client shall subsequently examine and evaluate Proposals in

accordance with the Selection Process specified at Clause 1.6 and the criteria


70

set out in Section 3 of this RFP.

2.21.6 After the technical evaluation, the Client shall prepare a list of pre-qualified

Applicants in terms of Clause 3.2 for opening of their Financial Proposals. A

date, time and venue will be notified to all Applicants for announcing the

result of evaluation and opening of Financial Proposals. Before opening of

the Financial Proposals, the list of pre- qualified Applicants along with their

Technical Scores will be read out. The opening of Financial Proposals shall

be done only for qualified Applicants, in presence of respective

representatives of Applicants who choose to be present. The MCG will not

entertain any query or clarification from Applicants who fail to qualify at

any stage of the Selection Process. The financial evaluation and final

ranking of the Proposals shall be carried out in terms of Clauses 3.3 and 3.4.

2.21.7 Applicants are advised that Selection shall be entirely at the discretion of the

Client.

Applicants shall be deemed to have understood and agreed that the Client

shall not be required to provide any explanation or justification in respect of any

aspect of the Selection Process or Selection.

2.21.8 Any information contained in the Proposal shall not in any way be construed as

binding on the Client, its agents, successors or assigns, but shall be binding

against the Applicant if the Services are subsequently awarded to it.

2.22 Confidentiality

Information relating to the examination, clarification, evaluation, and

recommendation for the selection of Applicants shall not be disclosed to any

person who is not officially concerned with the process or is not a retained

professional adviser advising the MCG in relation to matters arising out of, or

concerning the Selection Process. The Client shall treat all information,

submitted as part of the Proposal, in confidence and shall require all those who

have access to such material to treat the same in confidence. The Client may not

divulge any such information unless it is directed to do so by any statutory

entity that has the power under law to require its disclosure or to enforce or

assert any right or privilege of the statutory entity and/or the Client or as may be


71

required by law or in connection with any legal process.

Except as otherwise permitted by this Agreement, neither of the parties may

disclose to third parties the contents of this Agreement or any

information/report/advice provided by or on behalf of the other that ought

reasonably to be treated as confidential and/or proprietary. Parties may,

however, disclose such confidential information to the extent that it: (a) is or

becomes public other than through a breach of this Agreement, (b) is

subsequently received by the receiving party from a third party who, to the

receiving party’s knowledge, owes no obligation of confidentiality to the

disclosing party with respect to that information, (c) was known to the

receiving party at the time of disclosure or is thereafter created

independently, (d) is disclosed as necessary to enforce the receiving party’s

rights under this Agreement, or (e) must be disclosed under applicable law,

legal process or professional regulations. These obligations shall be valid for

a period of 3 years from the date of termination of this Agreement.

2.23 Clarifications

2.23.1 To facilitate evaluation of Proposals, the Client may, at its sole discretion, seek

clarifications from any Applicant regarding its Proposal. Such clarification(s) shall

be provided within the time specified by the MCG for this purpose. Any request

for clarification(s) and all clarification(s) in response thereto shall be in writing.

2.23.2 If an Applicant does not provide clarifications sought under Clause 2.23.1 above

within the specified time, its Proposal shall be liable to be rejected. In case the

Proposal is not rejected, the Client may proceed to evaluate the Proposal by

construing the particulars requiring clarification to the best of its

understanding, and the Applicant shall be barred from subsequently

questioning such interpretation of the Client.

E. APPOINTMENT OF CONSULTANT

2.24 Negotiations

2.24.1 The Selected Applicant may, if necessary, be invited for negotiations. The

negotiations shall not be for reducing the price of the Proposal, but will be for

re-confirming the obligations of the CONSULTANT under this RFP. Issues


72

such as deployment of Key Personnel, understanding of the RFP,

methodology and quality of the work plan shall be discussed during

negotiations. A Key Personnel who did not score 75% (seventy five per cent)

marks as required under Clause 3.1.2 shall be replaced by the Applicant with a

better candidate to the satisfaction of the MCG. In case the Selected Applicant

fails to reconfirm its commitment, the MCG reserves the right to designate the

next ranked Applicant as the Selected Applicant and invite it for negotiations.

2.24.2 The Client will examine the CVs of all other Key Personnel and those not found

suitable shall be replaced by the Applicant to the satisfaction of the Client.

2.24.3 The Client will examine the credentials of all Sub-Consultants/ individual

Members proposed for the Services and those not found suitable shall be

replaced by the Selected Applicant to the satisfaction of the Client.

2.24.4 Prior to conclusion of the negotiation process, the Selected Applicant is

required to furnish an undertaking that staff, as per eligibility mentioned in

Clause 2.1.4 above, are available for the agreed Services. In case the Client

fails to do so, the MCG reserves the right to designate the next ranked Applicant

as the Selected Applicant and invite it for negotiations.

2.25 Substitution of Key Personnel

2.25.1 The Client will not normally consider any request of the Selected Applicant for

substitution of the Experts as the ranking of the Applicant is based on the

evaluation of the Experts and any change therein may upset the ranking.

Substitution will, however, be permitted in exceptional circumstances if the

Expert is not available for reasons of any incapacity or due to health, subject to

equally or better qualified and experienced personnel being provided to the

satisfaction of the Client.

2.25.2 The Client expects the Key Personnel to be available during implementation of the

Agreement. The Client will not consider substitution of the Key Personnel

except for reasons of any incapacity or due to health. Such substitution shall

ordinarily be limited to one Key Personnel subject to equally or better qualified

and experienced personnel being provided to the satisfaction of the Client.

Without prejudice to the foregoing, substitution of Experts shall only be permitted


73

subject to reduction of remuneration up to 2% (two per cent) of the total

remuneration.

2.25.3 Notwithstanding Clauses 2.25.1 and 2.25.2, Applicants should specifically note

that substitution of the Experts will not normally be considered during the

implementation of the Agreement and may lead to disqualification of the

Applicant or termination of the Agreement. Applicants are expected to propose

only such Experts who will be in a position to commit the time required for and

be available for delivering the Services in accordance with the Agreement.

2.26 Indemnity

The selected CONSULTANT shall, subject to the provisions of the Agreement,

indemnify the Client, for an amount not exceeding the value of the Agreement,

for any direct loss or damage that is caused due to any deficiency in Services.

2.27 Award of Consultancy Contract

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the

MCG to the Selected Applicant and the Selected Applicant shall, within 7 (seven)

days of the receipt of the LOA, sign and return the duplicate copy of the LOA in

acknowledgement thereof. In the event the duplicate copy of the LOA duly signed

by the Selected Applicant is not received by the stipulated date, the Client may,

unless it consents to extension of time for submission thereof, cancel the LOA and

the next highest ranking Applicant may be considered.

2.28 Execution of Agreement

After acknowledgement of the LOA as aforesaid by the Selected Applicant, it

shall execute the Agreement within the period prescribed in Clause 1.8. The

Selected Applicant shall not be entitled to seek any deviation in the Agreement.

2.29 Commencement of Assignment

The Consultant shall commence the Services within seven days of the date of the

Agreement, or such other date as may be mutually agreed. If the Selected

Applicant fails to either sign the Agreement as specified in Clause 2.28 or

commence the assignment as specified herein, the Client may invite the second

ranked Applicant for negotiations. In such an event, the LOA or the

Agreement, as the case may be, may be cancelled / terminated.


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2.30 Proprietary data

Subject to the provisions of Clause 2.22, all documents and other information

provided by the Client or submitted by an Applicant to the Client shall remain or

become the property of the Client. Applicants and the CONSULTANT, as the

case may be, are to treat all information as strictly confidential. The Client will

not return any Proposal or any information related thereto. All information

collected, analyzed, processed or in whatever manner provided by the

Applicant to the Client in relation to the Services shall be the property of the Client.


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3. CRITERIA FOR EVALUATION

3.1 Evaluation of Technical Proposals

3.1.1 In the first stage, the Technical Proposal will be evaluated on the basis of

Applicant’s experience, its understanding of TOR, proposed methodology and

Work Plan, and the experience of Key Personnel. Only those Applicants whose

Technical Proposals score 75 points or more out of 100 shall be ranked as per

score achieved by them, from highest to the lowest technical score (S).

3.1.2 The scoring criteria to be used for evaluation shall be as follows.

Item Code

Aspect Criteria Marks Maximum Marks

1

Number of relevant projects

(relevant means experience in solid waste management

projects)

Less than 10 0

20

Between 10- 15 10

More than 15 20

2 Manpower

Less than 15 staff person

0 10

15-30 staff person 5 30+ staff 10

3 Turnover

Less than 20 Lac 0

10 20-10 Lac 5 Above 100+ Lac 10

4 SWM Expert

Post Graduate (Environment)

5

20

At least 20 years of Professional Experience

5

Undertaken assignments on Planning/designing solid waste management/ treatment/disposal facilities with waste to energy plant

10

5 Waste to Energy Expert Graduate Engineer (B.E /B. Tech) with

5 20


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Item Code

Aspect Criteria Marks Maximum Marks

Management degree (or equivalent)


5

Undertaken minimum 5 waste to energy projects

10

6 Financial Expert

Management in Finance

10

20


5

Experience of working in relevant projects

5

Grand Total 100

3.1.3 Eligible Assignments

For the purposes of satisfying the Conditions of Eligibility and for evaluating the

Proposals under this RFP, advisory/ consultancy assignments granted by the

government, regulatory commission, tribunal, statutory MCG or public sector

entity in respect of preparation of revenue model and/or preparation of

transaction / bid documents and other similar assignments in relation to the

bidding process or other transactions, as the case may be, for the following

projects shall be deemed as eligible assignments (the “Eligible Assignments”):

3.1.4 (a) Project management support to programs/projects of setting up of

SWM projects having valve more than 2 crore

OR

(b) Transaction/other advisory services to relevant3 Projects having a

project cost of at least INR 01 crore.

3.2 Short-listing of Applicants



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All the Applicants ranked as aforesaid, shall be pre-qualified for financial

evaluation in the second stage. However, if the number of such pre- qualified

Applicants is less than 2 (two), the MCG may, in its sole discretion, pre-

qualify the Applicant(s) whose Technical Score is less than the score specified

in Clauses 3.1.1 and 3.1.2; provided that in such an event, the total number of

pre-qualified Applicants shall not exceed 2 (two).

3.3 Evaluation of Financial Proposal

3.3.1 For financial evaluation, the financial quote, as indicated in the Financial

Proposal, will be considered.

3.4 Combined and Final Evaluation

3.4.1 Proposals will finally be ranked according to their combined technical (Tb)

and financial (Cb) scores as follows:

Bb = (0.8) * Tb + (0.2) x (Cmin / Cb *100)

Where,

Bb = overall combined score of bidder under consideration (calculated up to

two decimal points)

Tb = Technical score of the bidder under consideration

Cb = Financial bid value of the bidder under consideration

Cmin = Lowest financial bid value among the financial proposals under

consideration

3.4.2 The Selected Applicant shall be the Applicant having the highest combined

score. The second highest Applicant shall be kept in reserve and may be invited in

its discretion for negotiations in case the first-ranked Applicant withdraws, or

fails to comply with the requirements specified in Clauses 2.24, 2.28 and 2.29, as

the case may be.


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4. FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers

shall observe the highest standard of ethics during the Selection Process.

Notwithstanding anything to the contrary contained in this RFP, the Client shall

reject a Proposal without being liable in any manner whatsoever to the

Applicant, if it determines that the Applicant has, directly or indirectly or

through an agent, engaged in corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice (collectively the

“Prohibited Practices”) in the Selection Process. In such an event, the MCG shall,

without prejudice to its any other rights or remedies, forfeit and appropriate the

Performance Security, if available, as mutually agreed genuine pre-estimated

compensation and damages payable to the Client for, inter alia, time, cost and

effort of the Client , in regard to the RFP, including consideration and evaluation

of such Applicant’s Proposal.

4.2 Without prejudice to the rights of the Client under Clause 4.1 hereinabove and

the rights and remedies which the Client may have under the LOA or the

Agreement, if an Applicant or CONSULTANT, as the case may be, is found by

the Client to have directly or indirectly or through an agent, engaged or indulged

in any corrupt practice, fraudulent practice, coercive practice, undesirable

practice or restrictive practice during the Selection Process, or after the issue of

the LOA or the execution of the Agreement, such Applicant or CONSULTANT

shall not be eligible to participate in any tender or RFP issued by the Client during

a period of 2 (two) years from the date such Applicant or CONSULTANT, as the

case may be, is found by the Client to have directly or through an agent, engaged

or indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice, as the case may be.

4. 3 For the purposes of this Clause, the following terms shall have the meaning

hereinafter respectively assigned to them:

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

directly or indirectly, of anything of value to influence the action of any

person connected with the Selection Process (for avoidance of doubt,

offering of employment to or employing or engaging in any manner


79

whatsoever, directly or indirectly, any official of the Client who is or

has been associated in any manner, directly or indirectly with the

Selection Process or the LOA or has dealt with matters concerning the

Agreement or arising therefrom, before or after the execution thereof,

at any time prior to the expiry of one year from the date such official

resigns or retires from or otherwise ceases to be in the service of the

Client , shall be deemed to constitute influencing the actions of a person

connected with the Selection Process; or (ii) save as provided herein,

engaging in any manner whatsoever, whether during the Selection

Process or after the issue of the LOA or after the execution of the

Agreement, as the case may be, any person in respect of any matter

relating to the Project or the LOA or the Agreement, who at any time

has been or is a legal, financial or technical consultant/ adviser of the

Client in relation to any matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of

facts or disclosure of incomplete facts, in order to influence the

Selection Process;

(c) “coercive practice” means impairing or harming or threatening to

impair or harm, directly or indirectly, any persons or property to

influence any person’s participation or action in the Selection Process;

(d) “undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Client with the objective

of canvassing, lobbying or in any manner influencing or attempting to

influence the Selection Process; or (ii) having a Conflict of Interest;

and

(e) “restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Applicants with the objective of

restricting or manipulating a full and fair competition in the Selection

Process.


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5. PRE-PROPOSAL CONFERENCE

5.1 Pre-Proposal Conference of the Applicants shall be convened at the

designated date, time and place. Only those Applicants, who have purchased

the RFP document or downloaded the same from the Official Website of the

Client, shall be allowed to participate in the Pre-Proposal Conference. A

maximum of two representatives of each Applicant shall be allowed to

participate on production of an MCG letter from the Applicant.

5.2 During the course of Pre-Proposal Conference, the Applicants will be free to

seek clarifications and make suggestions for consideration of the Client. The

Client shall endeavour to provide clarifications and such further information

as it may, in its sole discretion, consider appropriate for facilitating a fair,

transparent and competitive Selection Process.


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6. MISCELLANEOUS

6.1 The Selection Process shall be governed by, and construed in accordance with,

the laws of India.

6.2 The Client, in its sole discretion and without incurring any obligation or liability,

reserves the right, at any time, to:

(a) suspend and/or cancel the Selection Process and/or amend and/or

supplement the Selection Process or modify the dates or other terms

and conditions relating thereto;

(b) consult with any Applicant in order to receive clarification or further

information;

(c) retain any information and/or evidence submitted to the Client by, on

behalf of and/or in relation to any Applicant; and/or

(d) independently verify, disqualify, reject and/or accept any and all

submissions or other information and/or evidence submitted by or on

behalf of any Applicant.

6.3 It shall be deemed that by submitting the Proposal, the Applicant agrees and

releases the Client , its employees, agents and advisers, irrevocably,

unconditionally, fully and finally from any and all liability for claims, losses,

damages, costs, expenses or liabilities in any way related to or arising from the

exercise of any rights and/or performance of any obligations hereunder,

pursuant hereto and/or in connection herewith and waives any and all rights

and/ or claims it may have in this respect, whether actual or contingent,

whether present or future.

6.4 All documents and other information supplied by the Client or submitted by an

Applicant shall remain or become, as the case may be, the property of the Client.

The Client will not return any submissions made hereunder. Applicants are

required to treat all such documents and information as strictly confidential.

6.5 The Client reserves the right to make inquiries with any of the clients listed by

the Applicants in their previous experience record.


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Schedules SCHEDULE – 1

(See Clause 1.1.3)

Terms of Reference (TOR)

1. GENERAL

1.1 Municipal Corporation of Gurgaon, Govt. of Haryana (GoH), requires the

services of registered Consulting Firms/Agencies/Companies for

conducting a feasibility study for setting up waste to energy plant (Bio-

methanation of Organic Waste- Fruit & vegetable market and hotel waste) at

Gurgaon, Haryana. The activities include but are not limited to provide

professional assistance to the MCG to conduct the feasibility study to explore

the opportunity for setting up ‘Waste to Energy Plant’ to deal with organic

waste from Fruit & vegetable markets and Hotels within the period of 4

(Four) months from the date of award of contract.

The Consulting Firm will be required to have staff of suitably qualified

Professionals with technical skills, being competent to carry out all the

related duties (collectively the “Advisory Services”). The Terms of Reference

(the “TOR”) and the scope of the Services for this assignment are specified

below.

2. SCOPE OF SERVICES

Contribute the requisite technical resources to conduct feasibility study for setting

up a Waste to Energy plant (Bio- methanation Plant) to deal with the organic

waste generated from the Fruit & vegetable markets and Hotels.

Broad scope of work will cover following activities below:

I. Estimation of quantity and quality of waste generated from vegetable markets

(Anaj Fruit & vegetable market, Sadar Bazar and nearby hotels) and projections

• Assessment and estimation of quantity and quality of Bio-

degradable organic waste available waste generated (daily, monthly


83

and annual basis) from primary and secondary sources (data

available with client, selective stakeholder consultation etc.)

• Assessment of characteristics of Bio-degradable organic waste

generated (laboratory test-if required)

• Assessment of physical characteristics of Bio-degradable organic

waste and environmental parameters of the proposed project site

(Fruit & vegetable market Area).

II. Assess availability of technology for bio-methanation based on the waste to

energy project.

• Assessment and identification of technologies available for waste

to energy plant for Bio-degradable organic waste

• Study on regulatory and policy guidelines/requirement for selection

of technology and setting up bio-methanation based waste to

energy plant

• Assessment on suitability of technology to be used under Indian

conditions compliant to ‘CPEEHO manual’ and ‘W2E reports

(GoI)’

III. Study of best practices in the country of treatment of Bio-degradable organic

waste

• Study the best practices for implementation and operation of bio-

methanation plants in the country for treatment of Bio-degradable

organic waste

• Best practices on financial/business model for the bio-methanation

plants in the country (if any)

IV. Site Assessment for Waste to Energy Project (Bio-methanation)

• Preliminary assessment on suitability of proposed site for project

• Identification of availability of land and requirement for various

component of plant (sorting station, storage, reactor, gas cleaning

system, engine room, control room, transformer station,

recirculation system, manure storage etc.)

V. Techno – Economic feasibility of selected technology/technologies

• Techno-economic feasibility assessment of the Bio-methanation

plant, including estimation of investment and operation cost

(simple ROI calculation).


84

• Assess availability of grants/ support (technical and financial) from

the government and institutes for the project

• Estimation of man-power requirement (skilled + unskilled) for

operation of plant

• Compilation of feasible project implementation options

VI. Develop a feasibility report for implementation of Bio-rmethanation plant at the

selected area.

3. TIME AND PAYMENT SCHEDULE

I. The consultancy charges for performance of the services under the contract shall

be paid by the Client as per the payment schedule given in the General Condition

of Contract.

II. The Client shall pay the Consultant, the Service Tax, on prevailing rates as

applicable on the consultancy charges.

III. It is expected that Consultant has quoted amount considering all requirements for

satisfactory performance of the services included in the TOR. If the Consultant

has not considered any component for performance of the service, no extra

payment shall be made on this account.

IV. The Consultant will be paid consultancy fee as a percent of the quote price as per

the schedule given below:

S.No Description Payment 1 On signing of the Contract Nil 2 Submission of draft feasibility study report for Bio-

Methanation project 30%

3 Finalization of draft feasibility study report for Bio-Methanation project

20%

4 Submission of final feasibility study report for Bio-Methanation project

30%

5 On start of work at site 20% Total 100 %

A security of 10% of the payment being made will be decucted from each

running bill as per the contract agreement. This security will be released

after two months of submission of the RFP to the satisfaction of the

engineer in charge.

Liquidated Damage


85

In case of delay of completion of work, except for the cases where such

delay is not attributable to the Consultant, liquidated damage shall be

charged to the CONSULTANT providing Services at a rate of 0.25% of

the contract price for the delay of one week or part thereof subject to a

maximum of 5% of the contract price. Where the liquidated damage

exceeds the maximum limit, MCG reserves the right to terminate the

contract. MCG will forfit the earnest money and levy panelty as per the

clauses of the contract agreement regarding delay in services to be

provided.

Arbitration

In the case of dispute arising upon or in relation to or in connection with

the contract between the MCG and the Consultant, which has not been

settled amicably, any party can refer the dispute for Arbitration under

(Indian) Arbitration and Conciliation Act, 1996. Such disputes shall be

referred to an Arbitral Tribunal consisting of 3 (three) arbitrators, one each

to be appointed by the MCG and the Consultant, the third arbitrator shall

be chosen by the two arbitrators so appointed by the parties and shall act

as Presiding Arbitrator. In case of failure of the two arbitrators, appointed

by the parties to reach a consensus regarding the appointment of the third

arbitrator within a period of 30 days from the date of appointment of the

two arbitrators, the Presiding arbitrator shall be appointed as per The

Arbitration and Conciliation Act, 1996 and any statutory modification or

re-enactment thereof, shall apply to these arbitration proceedings.

Arbitration proceedings shall be held in India and all documents and

communications between the parties shall be English. The decision of the

majority of arbitrators shall be final and binding upon both parties. The

expenses of the arbitrators as determined by the arbitrators shall be shared

equally by the MCG and the Consultant. However, the expenses incurred

by each party in connection with the preparation, presentation shall be

borne by the party itself. All arbitration awards shall be in writing and

shall state the reasons for the award.

4. CONSULTANT’S TEAM


86

4.1 The CONSULTANT shall form a team (the “Team”) for undertaking this

assignment, which will assist MCG within a period of 4 (four) months.

The composition and requisite qualifications of the Key Personnel have

been mentioned in Clause 2.1.4, 2.1.5 and 2.1.6 above.

If required a team meeting shall be held every fortnightly in order to assess

the developments of the project and shall be attended by all the key

personnel’s.

4.2 All staff mentioned above would have to be working on a full-time basis

from the office of the MCG for the entire duration of the assignment.


87

SCHEDULE-2

(See Clause 2.3.3) Guidance Note on Conflict of Interest (for Applicant and Consultant’s Team) 1. This Note further explains and illustrates the provisions of Clause 2.3 of the RFP

and shall be read together therewith in dealing with specific cases.

2. Applicant / Consultant’s Team should be deemed to be in a conflict of interest

situation if it can be reasonably concluded that their position in a business or

their personal interest could improperly influence their judgment in the

exercise of their duties. The process for selection of CONSULTANT should

avoid both actual and perceived conflict of interest.

3. Conflict of interest may arise between the MCG and a Consultant’s Team or

between Consultant’s Team and present or future concessionaries/ consultant/

firmss. Some of the situations that would involve conflict of interest are

identified below:

(a) MCG and Consultant’s Team:

(i) Potential Consultant’s Team should not be privy to information from the

MCG which is not available to others.

(ii) Potential Consultant’s Team should not have defined the project when

earlier working for the MCG.

(iii) Potential Consultant’s Team should not have recently worked for the

MCG overseeing the project.

(b) Consultant’s Team and concessionaires/consultant/ firmss:

(i) Neither the Consultant’s Team members, nor the CONSULTANT selected

as Successful Applicant should have an ownership interest or a continuing

business interest or an on-going relationship with a potential

concessionaire/ consultant/ firms save and except relationships restricted

to project-specific and short-term assignments.

(ii) Neither the Consultant’s Team members, nor the CONSULTANT selected

as Successful Applicant should be involved in owning or operating entities


88

resulting from the project.

(iii) Neither the Consultant’s Team members, nor the CONSULTANT selected as

Successful Applicant should bid for works arising from the project.

The participation of companies that may be involved as investors or consumers

and officials of the MCG who have current or recent connections to the

companies involved, therefore, needs to be avoided.

4. The normal way to identify conflicts of interest is through self-declaration by

CONSULTANTs. Where a conflict exists, which has not been declared,

competing companies are likely to bring this to the notice of the MCG. All

conflicts must be declared as and when the CONSULTANTs become aware

of them.

5. Another approach towards avoiding a conflict of interest is through the use

of “Chinese walls” to avoid the flow of commercially sensitive information from

one part of the CONSULTANT’s company to another. This could help overcome

the problem of availability of limited numbers of experts for the project.

However, in reality effective operation of “Chinese walls” may be a difficult

proposition. As a general rule, larger companies will be more capable of

adopting Chinese walls approach than smaller companies. Although, “Chinese

walls” have been relatively common for many years, they are an increasingly

discredited means of avoiding conflicts of interest and should be considered

with caution. As a rule, “Chinese walls” should be considered as unacceptable

and may be accepted only in exceptional cases upon full disclosure by a

CONSULTANT coupled with provision of safeguards to the satisfaction of the

MCG.

6. Another way to avoid conflicts of interest is through the appropriate grouping

of tasks. For example, conflicts may arise if CONSULTANTs drawing up the

terms of reference or the proposed documentation are also eligible for the

consequent assignment or project.

7. Another form of conflict of interest called “scope–creep” arises when

CONSULTANTs advocate either an unnecessary broadening of the terms of

reference or make recommendations which are not in the best interests of the


89

MCG but which will generate further work for the CONSULTANTs. Some

forms of contractual arrangements are more likely to lead to scope-creep. For

example, lump-sum contracts provide fewer incentives for this, while time and

material contracts provide built in incentives for CONSULTANTs to extend the

length of their assignment.

8. Every project contains potential conflicts of interest. CONSULTANTs should

not only avoid any conflict of interest, they should report any present/ potential

conflict of interest to the MCG at the earliest. Officials of the MCG involved in

development of a project shall be responsible for identifying and resolving

any conflicts of interest. It should be ensured that safeguards are in place to

preserve fair and open competition and measures should be taken to eliminate

any conflict of interest arising at any stage in the process.


90

Appendices

APPENDIX-I (See Clause 2.1.3)

TECHNICAL PROPOSAL

Form-1

Letter of Proposal

(On Applicant’s letter head) (Date and Reference) To,

The Executive Engineer-IV


Gurgaon

Email id:[email protected]

Ph-9650511044

Sec-34, Infocity near Hero Honda Chowk, Gurgaon

Sub: Appointment of Consultant to Conduct Feasibility Study for Setting- up

Waste to Energy Plant (Bio- methanation of organic waste) generated from Fruit & vegetable markets and Hotel at Gurgaon, Haryana

Dear Sir,

With reference to your RFP Document dated ……………, I/We, having

examined all relevant documents and understood their contents, hereby

submit our Proposal for selection as Consultant (the “CONSULTANT”)for

Appointment to Conduct feasibility study for setting up waste to energy

plan (bio-methanation of organic waste) generated from Fruit & vegetable

markets and Hotel at Gurgaon (“Project”) to the MCG. The proposal is


91

unconditional and unqualified.

2. I/We acknowledge that the MCG will be relying on the information provided in

the Proposal and the documents accompanying the Proposal for selection of the

CONSULTANT, and we certify that all information provided in the Proposal and

in the Appendices is true and correct, nothing has been omitted which renders

such information misleading; and all documents accompanying such Proposal

are true copies of their respective originals.

3. This statement is made for the express purpose of appointment as the

CONSULTANT for the aforesaid Project.

4. I/We shall make available to the MCG any additional information it may deem

necessary or require for supplementing or authenticating the Proposal.

5. I/We acknowledge the right of the MCG to reject our application without

assigning any reason or otherwise and hereby waive our right to challenge the

same on any account whatsoever.

6. I/We declare that:

(a) I/We have examined and have no reservations to the RFP Documents,

including any Addendum issued by the MCG;

(b) I/We do not have any conflict of interest in accordance with Clause 2.3

of the RFP Document;

(c) I/We have not directly or indirectly or through an agent engaged or

indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice, as defined in Clause 4.3 of

the RFP document, in respect of any tender or request for proposal

issued by or any agreement entered into with the MCG or any other

public sector enterprise or any government, Central or State; and

(d) I/We hereby certify that we have taken steps to ensure that in

conformity with the provisions of Section 4 of the RFP, no person

acting for us or on our behalf will engage in any corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive

practice.


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7. I/We understand that you may cancel the Selection Process at any time and

that you are neither bound to accept any Proposal that you may receive nor

to select the CONSULTANT, without incurring any liability to the Applicants

in accordance with Clause 2.8 of the RFP document.

8. I/We declare that none of our key personnel is a member of any other Applicant

applying for Selection as a CONSULTANT.

9. I/We certify that in regard to matters other than security and integrity of the

country, we or any of our Associates have not been convicted by a Court of

Law or indicted or adverse orders passed by a regulatory MCG which would

cast a doubt on our ability to undertake the Consultancy Services for the Project

or which relates to a grave offence that outrages the moral sense of the

community.

10. I/We further certify that in regard to matters relating to security and integrity of

the country, we have not been charge-sheeted by any agency of the Government

or convicted by a Court of Law for any offence committed by us or by any of

our Associates.

11. I/We further certify that no investigation by a regulatory MCG is pending either

against us or against our Associates or against our CEO or any of our Directors /

Managers / employees.

12. I/We hereby irrevocably waive any right or remedy which we may have at any

stage at law or howsoever otherwise arising to challenge or question any

decision taken by the MCG [and/ or the Government of India] in connection

with the selection of CONSULTANT or in connection with the Selection Process

itself in respect of the above mentioned Project.

13. I/We agree and understand that the proposal is subject to the provisions of the

RFP document. In no case, shall I/we have any claim or right of whatsoever

nature if the PMU Services for the Project is not awarded to me/us or our

proposal is not opened or rejected.

14. I/We agree to keep this offer valid for 90 (ninety) days from the PDD specified

in the RFP.


93

15. A Power of Attorney in favour of the authorized signatory to sign and submit

this Proposal and documents is attached herewith in Form 3.

16. In the event of my/our firm being selected as the CONSULTANT, I/we

agree to enter into an Agreement in accordance with the form at Schedule–2 of

the RFP. We agree not to seek any changes in the aforesaid form and agree to

abide by the same.

17. In the event of my/our firm being selected as the CONSULTANT, I/we agree

and undertake to provide the services of the Experts in accordance with the

provisions of the RFP and that the Experts shall be responsible for providing the

agreed services himself and not through any other person or Associate.

18. I/We have studied RFP and all other documents carefully. We understand that

except to the extent as expressly set forth in the Agreement, we shall have no

claim, right or title arising out of any documents or information provided to us

by the MCG or in respect of any matter arising out of or concerning or relating

to the Selection Process including the award of Consultancy Services.

19. The Financial Proposal is being submitted in a separate cover. This Technical

Proposal read with the Financial Proposal shall constitute the Application which

shall be binding on us.

20. I/We agree and undertake to abide by all the terms and conditions of the RFP

Document.

In witness thereof, I/we submit this Proposal under and in accordance with the terms of

the RFP Document.

Yours faithfully,

(Signature, name and designation of the authorized

signatory) (Name and seal of the Applicant/ Lead

Member)


94

APPENDIX-I

Form-2

Particulars of the Applicant

1.1

Title of Services: Consultancy Services

1.2

Title of Project:

Appointment of Consultant to Conduct Feasibility Study for Setting up of Wwaste to Energy Plant (Bio –methanation) for organic waste generate from Fruit & vegetable markets and Hotels at Gurgaon, Haryana

1.3

State the following: Name of Firm: Legal status (e.g. sole proprietorship or partnership): Country of incorporation: Registered address:

Year of Incorporation:

Year of commencement of business: Principal place of business:

Name, designation, address and phone numbers of authorized signatory of the Applicant: Name: Designation: Company: Address:

Phone No.: Fax No. : E-mail


95

1.4


signatory) For and on behalf of ………………..................


96

APPENDIX-I

Form-3

Power of Attorney

Know all men by these presents, We,......................................... (name of Firm and address of

the registered office) do hereby constitute, nominate, appoint and authorize

Mr./Ms........................................ son/daughter/wife and presently residing at

..............................., who is presently employed with/ retained by us and holding the

position of .................... as our true and lawful attorney (hereinafter referred to as the

“Authorized Representative”) to do in our name and on our behalf, all such acts, deeds

and things as are necessary or required in connection with or incidental to submission of

our Proposal for and selection, as the Consultant, to work for Gurgaon Municipal

Corporation (the “MCG”), for providing advisory services in Gurgaon, including but not

limited to signing and submission of all applications, proposals and other documents and

writings, participating in pre-bid and other conferences and providing information/

responses to the MCG, representing us in all matters before the MCG, signing and

execution of all contracts and undertakings consequent to acceptance of our proposal and

generally dealing with the MCG in all matters in connection with or relating to or arising

out of our Proposal for the said Project and/or upon award thereof to us till the entering

into of the Agreement with the MCG. AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or

caused to be done by our said Authorized Representative pursuant to and in exercise of the

powers conferred by this Power of Attorney and that all acts, deeds and things done by

our said Authorized Representative in exercise of the powers hereby conferred shall and

shall always be deemed to have been done by us. IN WITNESS WHEREOF WE,.................... THE ABOVE NAMED PRINCIPAL HAS

EXECUTED THIS POWER OF ATTORNEY ON THIS............ DAY OF ....................,

20**

For .......................................

(Signature, name, designation and

address)

Witnesses:


97

1

2

Notarized Accepted

......................................

(Signature, name, designation and address of the Attorney)

Notes: The mode of execution of the Power of Attorney should be in accordance with the procedure, if

any, laid down by the applicable law and the charter documents of the executant(s) and when

it is so required the same should be under common seal affixed in accordance with the required

procedure.

Wherever required, the Applicant should submit for verification the extract of the charter

documents and other documents such as a resolution/power of attorney in favour of the

person executing this Power of Attorney for the delegation of power hereunder on behalf of the

Applicant.

For a Power of Attorney executed and issued overseas, the document will also have to be

legalized by the Indian Embassy and notarized in the jurisdiction where the Power of

Attorney is being issued. However, the Power of Attorney provided by Applicants from

countries that have signed the Hague Legislation Convention, 1961 are not required to be

legalized by the Indian Embassy if it carries a conforming Appostille certificate.


98

APPENDIX-I

Form-4

Financial Capacity of the Applicant

(Refer Clause 2.2.2 (B))

S. No.

Financial Year

Annual Revenue

(Rs./US $ in

1.

2.

3.

Certificate from the Statutory Auditor$

This is to certify that.................... (name of the Applicant) has received the payments

shown above against the respective years on account of professional fees.


signatory) Date: Name and seal of the audit firm:

$ In case the Applicant does not have a statutory auditor, it shall provide the

certificate from its chartered accountant that ordinarily audits the annual accounts

of the Applicant.

£ In the event that the Applicant does not wish to disclose its Annual Revenue, it may

state that it has received more than the amount specified in the aforesaid certificate.

Note: 1. Please do not attach any printed Annual Financial Statement.

Conducting feasibility study for setting up waste to energy plant 99

APPENDIX-I

Form-5

Particulars of Key Personnel S. No.

Designation of

Key

Personnel

Name

Educational

Qualification

Length of

Professional Experience

Present Employment

No. of

Eligible Assignments

#

Name of Firm

Employed Since

(1) (2) (3) (4) (5) (6) (7) (8)

1 .

2 .

3 .

#Refer Form 8 of Appendix I Eligible Assignments of Key Personnel


100

APPENDIX-I

Form-6

Abstract of Eligible Assignments of the Applicant#

(Refer Clause 3.1) S.No Name of Project Name of Client Estimated

capital

cost of

Project (in

Rs. crore/

Professional

fees## received

by the

Applicant (in (1)* (2) (3) (4) (5) 1 2 3 4 5

# The Applicant should provide details of only those assignments that have been

undertaken by it under its own name.

## Exchange rate should be taken as Rs. 50 per US $ for conversion to Rupees.

£ In the event that the Applicant does not wish to disclose the actual fee received for

any particular assignment, it may state that it has received more than the amount

specified for eligibility under this RFP. For example, it may state: “Above Rs. 5 (five)

lakh” in respect of a particular project.

* The names and chronology of Eligible Assignments included here should conform to

the project wise details submitted in Form-9 of Appendix-I.

Certificate from the Statutory Auditor$ This is to certify that the information contained in Column 5 above is correct as per the

accounts of the Applicant and/ or the clients.

(Signature, name and designation of the authorized signatory)

Date: Name and seal of the audit firm: $ In case the Applicant does not have a statutory auditor, it shall provide the

certificate from its chartered accountant that ordinarily audits the annual accounts

of the Applicant.


101

APPENDIX-I

Form-6A

Abstract of other relevant experience of the Applicant#

(Refer Clause 3.1.5) S.No Name of Project Name of Client Estimated

capital

cost of

Project (in

Rs. crore/

Professional

fees## received

by the

Applicant (in (1)* (2) (3) (4) (5) 1 2 3 4 5

# The Applicant should provide details of only those assignments that have been

undertaken by it under its own name.

## Exchange rate should be taken as Rs. 50 per US $ for conversion to Rupees.

£ In the event that the Applicant does not wish to disclose the actual fee received for any

particular assignment, it may state that it has received more than the amount

specified for eligibility under this RFP. For example, it may state: “Above Rs. 5 (five)

lakh” in respect of a particular project.

* The names and chronology of the projects included here should conform to the

project-wise details submitted in Form-9A of Appendix-I.

Certificate from the Statutory Auditor$

This is to certify that the information contained in Column 5 above is correct as per the

accounts of the Applicant and/ or the clients.


Date: Name and seal of the audit firm: $ In case the Applicant does not have a statutory auditor, it shall provide the

certificate from its chartered accountant that ordinarily audits the annual accounts of the Applicant.


APPENDIX-I

Form-7@

Abstract of Eligible Assignments of Key Personnel$

(Refer Clause 3.1)

Name of Key Personnel: Designation:

S.No

Name of Project*

Name of Client

Estimated capital

cost of project (in

Rs. cr./

US$ million)

Name of firm

for which the

Key Personnel

worked

Designation of

the Key

Personnel on the

assignment

Date of

completion of

the assignment

(1) (2) (3) (4) (5) (6) (7)

1

2

3

4

5

@ Use separate Form for each Key Personnel.

$ In the case of Team Leader, only those assignments shall be included where the Team Leader worked as the Team Leader or the leader of the team providing Infra Expertise in the relevant assignment.

* The names and chronology of projects included here should conform to the project-wise details submitted in Form-10 of Appendix-I.


APPENDIX-I

Form-7A@

Abstract of other relevant experience of Key Personnel$

(Refer Clause 3.1.5)

Name of Key Personnel: Designation:

S.No

Name of Project*

Name of Client

Estimated capital

cost of project (in

Rs. cr./

US$ million)

Name of firm for

which the Key

Personnel

worked

Designation of the

Key Personnel on

the assignment

Date of

completion of

the assignment

(1) (2) (3) (4) (5) (6) (7)

1

2

3

4

5

@ Use separate Form for each Key Personnel.

$ In the case of Team Leader, only those assignments shall be included where the Team Leader worked as the Team Leader or the leader of the team providing Logistics Expertise in the relevant assignment.

* The names and chronology of assignments included here should conform to the project-wise details submitted in Form 10A of Appendix-I.

APPENDIX-I

Form-8

Eligible Assignments of Applicant


Name of Applicant:

Name of the Project:

Project particulars:

Description of services

performed by the Applicant

firm:

Name of client and Address:

Name, telephone no. and fax no. of

client’s representative:

Estimated capital cost of Project

(in Rs crore or US$ million):

Payment received by the

Applicant as professional fees (in

Rs. crore) :

Start date and finish date of the services

(month/ year):

Brief description of the Project:

Notes:

1. Use separate sheet for each Eligible Assignment.

2. Exchange rate should be taken as Rs. 50 per US $ for converting to Rupees. £ In the event that the Applicant does not wish to disclose the payment received by it as professional fees for

any particular assignment, it may state that it has received more than the amount specified in this statement.

-Sd- Consultant/ firms Witness Executive Engineer

- 1 -APPENDIX-I

Form-8A

Other relevant assignments of Applicant


Name of Applicant:



Description of services performed by the

Applicant firm:




Estimated capital cost of Project


Payment received by the

Applicant as professional fees (in

Rs. crore) :


(month/ year):


Notes:

1. Use separate sheet for each assignment.

2. Exchange rate should be taken as Rs. 50 per US $ for converting to Rupees. £ In the event that the Applicant does not wish to disclose the payment received by it as professional fees

for any particular assignment, it may state that it has received more than the amount specified in this

statement.


- 2 -

APPENDIX-I

Form-9

Eligible Assignments of Key Personnel


Name of Key Personnel:

Designation of Key Personnel:



Name of Consulting Firm where employed:


Key Personnel (including designation):




Estimated capital cost of the Project



(month/ year):


Notes:

1. Use separate sheet for each Eligible Assignment.

2. In the case of Team Leader, only those Eligible Assignments shall be included where the Team Leader

worked as the Team Leader or the leader of the team providing infrastructure Expertise in the relevant

assignment.

3. Exchange rate should be taken as Rs. 50 per US $ for converting in Indian Rupees.


- 3 -APPENDIX-I

Form-9A

Other relevant assignments of Key Personnel


Name of Key Personnel:

Designation of Key Personnel:



Name of Consulting Firm where employed:



Name, telephone no. and fax no.

of client’s representative:

Estimated capital cost of the Project (in Rs crore or US$ million):



Notes:

1. Use separate sheet for each assignment.

2. In the case of Team Leader, only those Eligible Assignments shall be included where

the Team Leader worked as the Team Leader or the leader of the team providing Logistics-Expertise in the relevant assignment.

3. Exchange rate should be taken as Rs. 50 per US $ for converting in Indian Rupees.


- 4 -

APPENDIX-I

Form-10

Curriculum Vitae (CV) of Professional Personnel 1. Proposed Position:

2. Name of Personnel:

3. Date of Birth:

4. Nationality:

5. Educational Qualifications:

6. Employment Record:

(Starting with present position, list in reverse order every employment held.)

7. List of projects on which the Personnel has worked

Name of Project Description of responsibilities

Certification:

1 I am willing to work on the Project and I will be available for entire duration of the Project

assignment as required.

2 I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly

describes my qualifications, my experience and me.

Place.............................. (Signature and name of the Key Personnel)

(Signature and name of the authorized signatory of the Applicant)

Notes: 1 Use separate form for each Key Personnel / Professional Personnel.

2 In the case of Team Leader, only those assignments shall be included where the Team Leader has worked as the Team

Leader or the leader of the Infra Sector Expert Team in the relevant assignment.

3. The names and chronology of assignments included here should conform to the project-wise details submitted in

Form-8, 8A as the case may be, of Appendix-I.

4. Each page of the CV shall be signed in ink by both the Personnel concerned and by the Authorized Representative of the Applicant firm along with the seal of the firm. Photocopies will not be considered for evaluation.

APPENDIX-I

Form-11

Proposal for i nd i v idua l Sub-Consultant(s)

1. Details of the Individual

Individual’s Name, Address and Telephone

Name and Telephone No. of the Contact Person


- 5 -

Fields of Expertise

No. of Years in experience in the above Fields

2. Services that are proposed to be sub contracted:

4. Details of Individual’s previous organizational experience

Name, address

and telephone no. of

Client

Total

Value of

Services

Duration

of

Services

Date of

Completio

n of 1. 2. 3.

(Signature and name of the authorized signatory) Notes:

1. The Proposal for Sub-Consultant shall be accompanied by the details specified in Forms 10, 10A and 11 of Appendix –I.

2. Use separate form for each Sub-Consultant.


- 6 -APPENDIX-II

FINANCIAL PROPOSAL

Form-1

Covering Letter

(On Applicant’s letter head)

(Date and Reference)

To,

The Executive Engineer-IV

MCG

Phone: 9650511044

Email: [email protected]

Sub: Appointment of Consultant to Conduct Feasibility study for setting up of Waste to Energy

Plan (Bio Methanation) for organic waste generated from Fruit & vegetable markets and Hotels in Gurgaon.

Dear Sir,

I/We, .......................... (Applicant’s name) herewith enclose the Financial Proposal (Total Fixed Payment per

Project) for selection of my/our firm as Consultant to Municipal Corporation of Gurgaon, Haryana.

I/We agree that this offer shall remain valid for a period of 90 (ninety) days from the Proposal Due

Date or such further period as may be mutually agreed upon.

Yours faithfully,


Note: The Financial Proposal is to be submitted strictly as per forms given in the RFP.


- 7 -APPENDIX-II

(See Clause 2.1.3)

Form-2

Financial Proposal Item No.

Description Rate to be quoted by the consultant/ Firm (Amount in Rs.)

A

Consultancy fee for providing services for Conduction feasibility study of Waste to Energy Project (Bio-methanation) for organic waste generated from Fruit & vegetable markets and Hotel in Gurgaon

B

Add Service Tax as per prevailing rates

F

TOTAL (including taxes) (A+B) (in Rs.)

In Indian Rupees in figures

in words

Notes:

1. The aforesaid Fee, payable to the Consultant in accordance with the Financial Proposal, shall cover the

costs of telephone/fax, photocopying, couriers and postage, collections and deliveries, traveling expense,

stationery, costs of support staff and counsel fee, overheads, etc., including all taxes and duties except

service tax. No additional charges in respect thereof shall be due or payable. The fees shall be limited to

the amounts indicated above and no escalation on any account will be payable on the above amounts.

2. Outstation travel (for locations other than Gurgaon) shall be undertaken as per request of the MCG.

The Experts, shall be entitled to economy class air travel, and board and lodging in a four-star hotel. Bills

for reimbursement hereunder may be submitted along in original supporting materials, along with a

Statement of Expenses, duly certified by the Authorized Representative.

3. All payments shall be made in Indian Rupees and shall be subject to applicable Indian withholding taxes if

any

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