NIT No. 188/SQC/Proc./MPJN/2023-24 Bhopal, Date: 12.03.2024 PAC - Rs. 4.63 Crore
NIT No. 188/SQC/Proc./MPJN/2023-24 Bhopal, Date: 12.03.2024 PAC - Rs. 4.63 Crore
for
Selection of
Supervision and Quality Control
Consultant (SQC) for
Multi Village Drinking Water Supply Schemes
(MVDWSS) for
Project Implementation Unit (PIU), Ujjain
under Jal Jeevan Mission (JJM)
in Madhya Pradesh
(Second Call)
Terms:
1. Detailed NIT can be seen and downloaded from the Madhya Pradesh Government E-
Procurement Portal ([Link]
2. Cost of Tender Document and EMD of required amount is to be submitted online on
Madhya Pradesh Government E-Procurement Portal.
3. The schedule for bidding process is specified as critical dates on the Madhya Pradesh
Government E-Procurement Portal.
4. The Pre-bid meeting will be held as per schedule mentioned on Madhya Pradesh
Government E-Procurement Portal at MPJN head office, Bhopal.
5. MPJN will not be responsible for any delay in submission of Bid due to any reason.
6. Bidder’s Financial Proposal shall only allow quotation of a single percentage above or
below the PAC. Contract Price shall be calculated based on the percentage quoted above /
below the PAC. Monthly remuneration shall be calculated based on monthly cost of
respective resource mentioned in the BoQ (Financial Proposal) and tender premium /
discount.
7. The Client will select the Consultant in accordance with the QCBS (Quality and Cost Based
Selection) method of selection. 80% weightage will be awarded for Technical Proposal and
20% weightage will be awarded for Financial Proposal.
8. The financial bids shall be opened in the order specified in the table above.
9. Award Criteria – “One firm shall be awarded maximum of 1 project from the above
NIT 186-188”.
10. To prevent conflict of interest,
i. firms working as PMC / TPIA would not be eligible for SQC in their zone / PIU;
and
ii. firms working as SQC / TPIA would not be eligible for PMC in their zone / PIU.
11. The successful bidder will not be eligible for participating in future for PMC / TPIA for the
schemes forming part of the packages awarded to them.
12. In case a firm is adjudged to be selected bidder in more than one package with the same
proposed key experts within the above packages, it will be allowed to use the proposed key
experts which had already qualified for other packages within the above packages, in which
it is not adjudged the selected bidder without any penalty for replacement of manpower as
specified in the NIT.
13. MPJN reserves the right to accept or reject any Bid, cancel the bidding process and reject
all bids, at any time prior to the award of contract, without incurring any notice and
answerability to the affected bidder or bidders or any obligation to inform the affected
bidder or bidders regarding the grounds for the decision.
14. For any queries related to bid submission, please call Madhya Pradesh Government E-
Procurement Cell Help Desk Number 0120-4001 002, 0120-4200 462, 0120-4001 005,
0120-6277 787.
Managing Director
Madhya Pradesh Jal Nigam
PART 1 – SELECTION PROCEDURES
Contents
Section I: Instruction to Consultants .......................................................................................... 7
1. Definitions ............................................................................................................... 7
2. Introduction ............................................................................................................. 8
3. Conflict of Interest ................................................................................................... 8
4. Corrupt and Fraudulent Practices ............................................................................ 9
5. Eligibility ............................................................................................................... 10
6. Preparation of Proposals ........................................................................................ 11
7. Proposal Validity Period ........................................................................................ 11
8. Clarification and Amendments of RFP ................................................................. 12
9. Proposal Format, Submission and Content............................................................ 13
10. Technical Proposal Format and Content ............................................................... 13
11. Financial Proposal Format and Content ................................................................ 15
12. Submission of Proposals........................................................................................ 16
13. Opening of Proposals............................................................................................. 16
14. Proposal Evaluation ............................................................................................... 17
15. Availability of Key Experts ................................................................................... 19
16. Signing of Contract ................................................................................................ 19
17. Confidentiality ....................................................................................................... 19
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Section I: Instruction to Consultants
A. General Provisions
1. Definitions
1.1. The following words and expressions shall have the meanings hereby assigned to them.
a) “Affiliate(s)” means an individual or a firm that directly or indirectly controls, is controlled
by, or is under common control with the Bidder.
b) “Bidder” or “Consultant” means any firm that may provide or provides the Services to the
Client under the Contract.
c) “Client” means Madhya Pradesh Jal Nigam.
d) “Contract” means a legally binding written agreement signed between the Client and the
Consultant and includes all the attached documents listed in paragraph 1 of the Form of
Contract.
e) “Data Sheet” or “DS” (Section II of the RFP) means an integral part of the RFP that is used
to reflect specific country and assignment conditions to supplement or amend the
provisions of the ITC.
f) “day” means calendar day.
g) “Drinking Water Supply Project” shall mean a project involving all the following
components: Intake Well, Water Treatment Plant, multiple Service Reservoir(s) and
Distribution Network.
h) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other professional
personnel of the Bidder(s).
i) “firm” means a private entity, a state-owned enterprise or institution.
j) “Government” means the Government of India or Government of Madhya Pradesh as the
case may be.
k) “SQC” means Supervision and Quality Control Consultant.
l) “TPIA” means Third Party Inspection Agency.
m) “Instructions to Consultants” or “ITC” (this Section I of the RFP) means an integral part of
the RFP that provides the Consultants with all information needed to prepare and submit
their Proposals.
n) “Key Expert(s)” means an individual professional whose skills, qualifications, knowledge
and experience are critical to the performance of the Services under the Contract and whose
Curriculum Vitae (CV) is considered in the technical evaluation of the Bidder’s Proposal.
o) “QCBS” means Quality and Cost Based Selection.
p) “Non-Key Expert(s)” means an individual professional provided by the Bidder and who is
assigned to perform the Services or any part thereof under the Contract and whose CVs are
not evaluated individually.
q) “Portal” means Madhya Pradesh Government E-Procurement Portal ([Link]).
r) “Proposal” means the Technical Proposal or the Financial Proposal of the Consultant, or
both, as appropriate.
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s) “RFP” means this Request for Proposals prepared by the Client for the selection of
consultant.
t) “Services” means the work to be performed by the Consultant pursuant to the Contract.
u) “Selected Bidder” means the bidder having the highest combined score in accordance with
evaluation methodology specified in bid document.
v) “Terms of Reference” or “TOR” (Section V of the RFP) means an integral part of the RFP
that describes the objectives, scope of services, activities and tasks to be performed and
their timing, the relevant background information, respective responsibilities of the Client
and the Consultant, the required experience and qualifications of the Key Experts, the
expected results and deliverables of the assignment including any reporting and submission
requirements.
2. Introduction
a. Scope of Proposal
2.1. In connection with the NIT specified in the DS, the Client issues this RFP for the services
as specified in Section V, Terms of Reference. The name of the assignment is specified
in the DS.
b. Interpretation
2.2. Throughout this RFP:
a) the term “in writing” means communicated in written form and delivered against
receipt; and
b) except where the context requires otherwise, words indicating the singular also
include the plural and words indicating the plural also include the singular.
c. Method of Selection
2.3. The Bidders are invited to submit a Technical Proposal and a Financial Proposal, for
consulting services required for the assignment named in DS 2.1. The Proposal will be
the basis for a signed Contract with the selected Bidder.
2.4. The Client will select the Consultant in accordance with the QCBS (Quality and Cost
Based Selection) method of selection. The weightage for technical and financial proposal
is specified in DS.
d. Local Conditions
2.5. The Consultant shall familiarize themselves with the local conditions relevant to the
Services and take them into account in preparing their Proposal, including attending a
pre-bid meeting conference if one is arranged under ITC 8.2.
3. Conflict of Interest
a. Impartiality
3.1. The Consultant is required to provide professional, objective, and impartial advice, at
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all times holding the Client’s interest paramount, strictly avoiding conflicts with other
assignments or its own corporate interests and acting without any consideration for future
work.
b. Conflict of Interest
3.2. The Consultant has an obligation to disclose to the Client any situation of actual or
potential conflict that impacts its capacity to serve the best interest of its Client. Failure
to disclose such situations may lead to the disqualification of the Consultant or the
termination of its Contract. Without limitation on the generality of the foregoing the
Consultant shall not be hired under the circumstances set forth below:
a) Conflict between consulting activities and procurement of goods or non-consulting
services: A Consultant that has been engaged to provide goods or non-consulting
services for a project, or any of its Affiliates, shall be disqualified from providing
consulting services resulting from or directly related to those goods or non-consulting
services. Conversely, a Consultant hired to provide consulting services for the
preparation or implementation of a project, or any of its Affiliates, shall be disqualified
from subsequently providing goods or non-consulting services resulting from or
directly related to the consulting services for such preparation or implementation.
b) Conflict among consulting assignments: Neither a Consultant nor any of its Affiliates
shall be hired for any assignment that, by its nature, may be in conflict with another
assignment of the Consultant.
c) Relationship with Client’s staff: A Consultant that has a close business relationship
with professional personnel of the Client who are directly or indirectly involved in any
part of:
(i) preparation of the TOR for the assignment;
(ii) selection process for the assignment; or
(iii)supervision of the Contract resulting from the selection process;
shall be disqualified.
d) One Bid per Bidder: Based on the “One Bid per Bidder” principle, which is to ensure
fair competition, a firm, and any Affiliates shall not be allowed to submit more than
one Proposal either individually as a single firm or in association.
e) Any other form of conflict of interest other than (a) through (d) of this ITC 3.2.
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b) will recognize a Consultant as ineligible, for a period determined by Client, to be
awarded a contract if it at any time determines that the Consultant has engaged in any
corrupt or fraudulent practice in competing for, or in executing, another contract.
c) will recognize a Consultant as ineligible to be awarded a contract if the Consultant is
debarred by any Government.
Client will recognize a Consultant as ineligible to be awarded a contract if the
Consultant is debarred for the period starting from the date of issuance of this Request
for Proposals up to the signing of the contract, unless (i) such debarment period does
not exceed one year, or (ii) three (3) years have passed since such debarment decision.
If it is revealed that the Consultant was ineligible to be awarded a contract according to
above, Client will, in principle, impose sanctions against the Consultant.
4.2. If the Client determines, based on reasonable evidence, that the Consultant has engaged
in any corrupt and fraudulent practice, the Client may disqualify such Consultant after
notifying the grounds of such disqualification.
4.3. Furthermore, the Consultant shall be aware of the provision stated in Clause 1.10 of the
General Conditions of Contract.
5. Eligibility
5.1. The Consultant shall be a single entity incorporated in India or incorporated in any
country and having registered office in India.
5.2. The Consultant shall meet the minimum eligibility requirements as specified in Section
III, Technical Proposal Evaluation Methodology.
5.3. The Consultant that has been determined to be ineligible by Client in accordance with
ITC 4.1 above, shall not be eligible to be awarded a contract.
5.4. The Consultant shall provide such evidence of its eligibility satisfactory to the Client at
any time, as the Client shall reasonably request.
5.5. If proceedings for suspension or cancellation of registration or for blacklisting or for
termination of contract due to poor performance by the Consultant/association has been
started by any Department / Undertaking of Government of Madhya Pradesh /
Government of India before the issue date of this RFP and the same is subsisting on the
last date of submission of bid, the bidder cannot participate in bidding process.
5.6. Client may disqualify or terminate the Contract at any stage if the Consultant has made
untrue and false representation in the forms, statements and attachments submitted in the
proof of the qualification requirement and/or have a record of poor performance such as
abandoning the works, not properly completing the contract, inordinate delay in
completion or financial failure, litigation history, etc.
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B. Preparation of Proposals
6. Preparation of Proposals
a. Completeness of RFP
6.1. Unless obtained in the manner specified in the RFP, the Client is not responsible for the
completeness of the RFP, responses to requests for clarification, the minutes of the pre-
bid meeting (if any), or addenda to the RFP in accordance with ITC 8.3. In case of any
contradiction, documents obtained directly from the Portal shall prevail.
b. Information to be furnished
6.2. The Consultant is expected to examine all instructions, forms, and terms in the RFP in
detail and to furnish with its Proposal all information and documentation as is required
by the RFP. The information or documentation shall be complete, accurate, current, and
verifiable.
c. Cost of Proposals
6.3. The Consultant shall bear all costs associated with the preparation and submission of its
Proposal and contract signing. The costs might include site visit, collection of
information, and if selected attendance at agreement negotiations. The Client is not bound
to accept any proposal and reserves the right to annul the selection process at any time
prior to Contract award, without thereby incurring any liability to the Consultant.
d. Language of Proposals
6.4. The Proposal, as well as all related correspondence exchanged by the Consultant and the
Client, shall be written in English language.
6.5. Supporting documents and printed literature that are part of the Proposal may be in
another language provided they are accompanied by an accurate translation of the
relevant passages in the language of Proposal, in which case, for purposes of
interpretation of the Proposal, such translation shall govern.
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b. Extension of Validity Period
7.4. The Client will make its best effort to complete discussions / contract signing within this
period. However, should the need arise, the Client may request, in writing, all Bidders to
extend the validity period of their Proposals. Bidders who agree to such extension shall
confirm that they maintain the availability of the Key Experts named in the Proposal
subject to the provisions under ITC 7.6.
7.5. The Bidders who do not agree have the right to refuse to extend the validity of their
proposals in which case their Proposals will not be further evaluated.
b. Pre-bid Meeting
8.2. If specified in the DS, the Consultant’s designated representative is invited to attend a
pre-bid meeting. The purpose of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage. Attending the pre-bid meeting
is at the Bidders’ expense. Any modification to the RFP that may become necessary as a
result of the pre-bid meeting shall be made by the Client exclusively through the issue of
an addendum pursuant to ITC 8.3. Nonattendance at the pre-bid meeting will not be a
cause for disqualification of a Consultant.
c. Amendment of RFP
8.3. At any time prior to the Proposal submission deadline, the Client may amend the RFP by
issuing an addendum in writing in sufficient time before the submission of Proposals.
The addendum shall be uploaded on the Portal and will be binding on all the Bidders. To
give the Bidders reasonable time in which to take an amendment into account in their
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Proposals the Client may, if the amendment is substantial, extend the Proposal
submission deadline.
8.4. The Consultant may submit a modified Proposal substituting the already submitted
Proposal in accordance with ITC 12.4 at any time prior to the Proposal submission
deadline. No modifications to the Technical or Financial Proposal shall be accepted after
the Proposal submission deadline except as permitted under ITC 7.6.
a. Contents
10.2. The Technical Proposal shall provide the information requested in subparagraphs (a)
through (i) below, using the forms provided in Section IV, Technical Proposal Forms.
The forms shall be completed without any alterations to the text, and no substitutes shall
be accepted. All blank spaces shall be filled in with the information requested.
a) Form TECH-1: This form entitled “Technical Proposal Submission Form”, once
completed, shall be the Technical Proposal Submission Letter.
b) Form TECH-2: A brief description of the Consultant’s organization and an outline of
recent experience i.e., eligible assignments of the Consultant, is required in Form
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TECH-2. For each assignment, the outline shall indicate the names of all JV members
(in the case of a JV), duration of the assignment, contract amount, and the
Consultant’s involvement. Information shall be provided only for those assignments
for which the Consultant was legally contracted individually as a single firm or, as a
lead firm or one of the members of a JV. Assignments completed by individual
Experts working privately or through other consulting firms cannot be claimed as the
experience of the Consultant or that of JV members but can be claimed by the Experts
themselves in their CVs. The experience of affiliated entities (such as the parent
company(ies), group company(ies), subsidiary(ies) or other affiliate(s)) shall not be
included. The Consultant shall also submit documentary proof for the experience
claimed.
c) Form TECH-3: Consultant’s turnover certified by Statutory Auditor / Chartered
Accountant in the format provided.
d) Form TECH-4: A description of the approach, methodology and work plan for
performing the assignment. Guidance on the content of this section of the Technical
Proposals is provided in Form TECH-4. The work plan shall be consistent with the
Terms of Reference.
e) Form TECH-5: The list of the Key Experts (as specified in DS) and a summary of
essential CV information in Form TECH-5, duly completed considering the
following:
(i) The Bidders shall not propose alternative Key Experts. Only one CV shall be
submitted for each Key Expert position. Failure to comply with this
requirement will make the Proposal non-responsive.
f) Form TECH-6: CVs of the Key Experts signed by the Key Experts themselves or by
the authorized representative. In case of CVs signed by the authorized representative,
should the firm be ranked first, copies of the same CVs signed by the Key Experts
must be submitted to the Client prior to contract signing.
g) Form TECH-7: The Acknowledgement of Compliance as Form TECH-7. The
Consultant’s authorized representative shall sign and date this Form on behalf of the
Consultant.
10.3. The Technical Proposal shall not include any financial information. A Technical
Proposal containing material financial information shall be declared non-responsive.
b. Volume
10.4. The contents of the Technical Proposal and the recommended number of pages are
indicated in the table below. A page is considered to be one printed side of A4 (210mm
× 297mm). If other sizes of paper are used, the number of pages is determined on a pro-
rata basis (e.g.: one (1) A3 page is equivalent to two (2) A4 pages.). Excessively
voluminous Technical Proposals at the discretion of the Client may not be evaluated.
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Technical Proposal Form No. of Pages
Consultant’s Organization and Experience
a) Form TECH-2A Consultant’s Organization Two (2) pages.
1.
As required for
b) Form TECH-2B Consultant’s Experience
information requested
Form TECH-3 As required for
2.
Consultant’s Turnover information requested
Form TECH-4 Twenty-Five (25) pages
3. Description of Approach, Methodology and Work inclusive of charts and
Plan for Performing the Assignment diagrams.
Form TECH-5 As required for
4.
Summary of Team Composition information requested
Form TECH-6 Five (5) pages for each
5.
Curriculum Vitae (CV) for Proposed Key Experts Key Expert’s CV.
Form TECH-7 As required for
6.
Acknowledgement of Compliance information requested.
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b. Currency of Proposal and Payment
11.3. The currency of the Financial Proposal shall be Indian National Rupee.
11.4. Payments under the Contract shall be made in Indian National Rupee.
13.3. At the end of the Technical Evaluation, the Client shall notify in writing the Bidders
whose Technical Proposal were determined to be responsive to the key aspects of the
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RFP, indicating the date, time and place of public opening of the Financial Proposals.
The opening date shall allow Bidders sufficient time to make arrangements for attending
the opening.
13.4. The Client shall simultaneously notify those Bidders whose Technical Proposals were
determined to be non- responsive to the key aspects of the RFP.
13.5. The Client shall conduct the opening of the Financial Proposals in the presence of the
Bidders’ representatives who choose to attend at the place, date and time specified by the
Client. The expected date for the public opening of the Financial Proposal is indicated in
the DS.
13.6. At the opening of the Financial Proposal, first, the name of the Bidders shall be read out.
Next, all envelopes containing Financial Proposals shall be opened one at a time, reading
out and recording:
a) the name of the Bidder;
b) the Price of the Financial Proposal; and
c) any other details as the Client may consider appropriate.
a. Technical Proposals
14.3. During the evaluation of the Technical Proposals, the evaluation committee shall
determine if the Technical Proposals are responsive to the key aspects of the RFP and
achieve the minimum Technical Score specified in the DS, applying the evaluation
criteria, sub-criteria, and point system specified in the Section III.
14.4. A Proposal shall be rejected at this stage if it is determined to be non-responsive to the
key aspects of the RFP, particularly the TOR or if or if it fails to achieve the minimum
Technical Score.
14.4.1. In case it is found that the bidder has given false representation in any of its submission
at any stage of the bid process / contract execution, the bid will be treated as non-
responsive and EMD of the bidder will be forfeited and further action may be taken.
b. Financial Proposals
14.5. The evaluation committee will review the detailed content of each Financial Proposal
and the compatibility of the Technical and Financial Proposal. Financial Proposals will
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be reviewed to ensure that they are complete and in compliance with the requirements
set forth in the RFP.
14.6. The first-ranked Consultant based on the combined technical and financial score as
computed below shall be the selected consultant/selected bidder.
The computation of financial score shall be as below:
The lowest evaluated Financial Proposal will receive the maximum score of 100
marks. The score for each other Financial Proposal is inversely proportional to its
financial proposal and will be computed as follows:
SF = 100 x FM / F
where:
SF is the financial score of the Financial Proposal being evaluated,
FM is the lowest evaluated Financial Proposal,
F is the Financial Proposal under consideration.
14.7. Upon completion of evaluation of Technical and Financial Proposals, final ranking of
the Proposals will be determined. This will be done by applying a weight as specified
in DS 2.4 respectively to the technical and financial score of each evaluated qualifying
Technical and Financial Proposal and then computing the combined total score for each
Consultant. Proposals will finally be ranked according to their combined score (S)
scores as follows:
S = ST x Tw + SF x Fw
Where, ST is score received for the Technical Proposal and SF is score received for
Financial Proposal and, Tw and Fw are weights assigned to Technical Proposal and
Financial Proposal that shall be as specified in DS 2.4.
The first-ranked Consultant based on the combined technical and financial score as
computed above shall be the selected Consultant/selected bidder.
14.7.1. In the event that the combined score received by two or more bidders are the same (the
“Tie Bidders”), Client shall identify the selected bidder through following criteria in
the order given below:
i) The Bidder with the highest score in Technical Proposal evaluation
ii) The Bidder with the highest Average Annual Turnover
iii) By draw of lots.
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D. Award and Contract Signing
17. Confidentiality
17.1. Information relating to evaluation of Proposals shall not be disclosed to the Bidders who
submitted the Proposals or to other persons not officially concerned with the selection
process. The use by any Bidder of confidential information related to this selection
process may result in the rejection of its Proposal.
17.2. Any attempt by a Bidder to influence the Client in the examination, evaluation, ranking
of Proposals, and recommendation for contract signing may result in the rejection of its
Proposal.
17.3. Notwithstanding ITC 17.2, from the time of Proposal opening to the time of Contract
signing, if any Consultant wishes to contact the Client on any matter related to the
selection process, it shall do so in writing.
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Section II: Data Sheet
Clause
Description
Reference
NIT No. 188/SQC/Proc./MPJNM/2023-24 Bhopal, Date: 12.03.2024
Selection of Supervision and Quality Control (SQC) Consultant for Multi Village
Drinking Water Supply Schemes (MVDWSS) of Project Implementation Unit
ITC 2.1
(PIU) Ujjain under JJM in Madhya Pradesh (Second Call)
The details of scheme(s) are provided in the Section V – Terms of Reference -
Annexure 1.
80% weightage will be awarded for Technical Proposal and 20% weightage will
ITC 2.4
be awarded for Financial Proposal.
The validity of proposal should be: 180 days from the last date of submission of
ITC 7.1
bids.
Last Date for Queries: Prior to pre-bid meeting or in pre-bid meeting.
Address for Queries
Project Director
ITC 8.1 MADHYA PRADESH JAL NIGAM
(A Government of Madhya Pradesh Undertaking)
8, Arera Hills, Bhopal – 462004
Website -[Link]
ITC 8.2 A pre-bid meeting will take place at the date and time specified on the Portal at
the Client’s address specified in DS 8.1.
The Key Experts whose CV will be evaluated are:
1. Team Leader
2. Resident Engineer
ITC 10.2 e)
3. Manager – Community Mobilization
Minimum required qualification and experience of Key Experts is provided at
Section III: Technical Proposal Evaluation Methodology.
ITC 12.3 The Portal address for Proposal submission is: [Link]
The Proposal submission deadline is specified as Critical Dates on the Portal.
ITC 13.1 The opening of the Technical Proposals shall take place at Client’s address
specified in DS 8.1 as per the schedule specified as Critical Dates on the Portal.
ITC 13.5 The opening of the Financial Proposals is expected to take place at Client’s address
specified in DS 8.1 as per the schedule specified as Critical Dates on the Portal.
The minimum Technical Score required to be achieved: 70%
ITC 14.3 Criteria, sub-criteria, and point system for the evaluation are as specified in Section
III: Technical Proposal Evaluation Methodology.
The assignment is expected to commence immediately after the award of contract
ITC 16.2 or as directed by the Client at the project sites located in the state of Madhya
Pradesh.
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Section III: Technical Proposal Evaluation Methodology
A. Minimum Eligibility Requirements
1. The bidder should have a minimum of five (5) years of experience of undertaking PMC
/PDMC/DSC/SQC/equivalent works with similar nature scope of works on full-time man-
month basis in drinking water supply.
2. The bidder should have monitored as PMC/PDMC/DSC/SQC/equivalent works with
similar nature scope of works on full-time man-month basis at least four (4) projects of
drinking water supply sector of single project cost at least Rs. 200 crores. Ongoing projects
meeting other requirements, which have completed at least one year of consultancy (from
the date of agreement) shall be considered as eligible project for evaluation.
Note 1: Bidder shall have to clearly show that a single drinking water supply project of
Contract Value of at least Rs. 200 Crore was part of the assignment. In case, the bidder fails
to clearly showcase this through the submitted documents, the project shall not be
considered for evaluation under this criteria.
3. The average annual turnover of firm shall be at least Rs. 25 crores from consulting services
in the any 3 consecutive financial years out of last four financial years preceding the bid
due date (2019-20, 2020-21, 2021-22 & 2022-23).
4. The bidder may include an additional associate firm also. Letter of association shall be
submitted as part of bid proposal. The maximum share of associate firm in execution of
consultancy works can be 25%. Credential for associate firm, except key personnel, if any,
will not be considered for evaluation.
5. The bidder should not be working as Project Management Consultant (PMC) / Third Party
Inspection Agency (TPIA) for any of the schemes (list included in Annexure 1 to Section
V Terms of Reference).
6. Technical Proposals of only the bidders meeting above minimum eligibility criteria will be
evaluated further.
Note 2: For the purposes of Technical Proposal Evaluation, drinking water supply project shall
mean a project involving all the following components: Intake Well, Water Treatment Plant,
multiple Service Reservoir(s) and Distribution Network.
B. Criteria, sub-criteria, and point system for the evaluation are as follows:
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Criteria / Sub Criteria Points
Experience as Supervision & Quality Control Consultant (SQC) / Project
Management Consultant (PMC) / Design and Supervision Consultant (DSC) /
PDMC/ equivalent works with similar nature scope of works on full-time man-
(ii) month basis in the rural drinking water supply sector projects with a single 10
project of at least Rs. 50 crore each during the last seven years preceding the bid
due date.
Points - 2.5 for each project (Maximum up to 4 Projects)
Note:
1. Multiple projects covered under single Supervision & Quality Control
Consultant (SQC) / Project Management Consultant (PMC) / Design and
Supervision Consultant (DSC)/ PDMC/ agreement will be considered as
separate projects if separate work orders have been issued for the construction
of the projects. E.g., If Project A & Project B are being covered under a single
PMC scope but their work orders have been awarded to contractors separately
(even if same contractor), they will be considered 2 projects for evaluation if
they meet other criteria specified above.
2. Bidder shall have to clearly show that a single drinking water supply project of
contract value of at least Rs. 200 Crore / a single rural drinking water supply
sector project of at least Rs. 50 Crore was part of the assignment for
consideration for the respective criterion. In case the bidder fails to clearly
showcase this through the submitted documents, the project(s) shall not be
considered for evaluation under that specific criteria.
3. Ongoing projects meeting other requirements, which have completed at least
one year of consultancy (from the date of agreement) shall be considered as
eligible project for evaluation.
4. In case the work done by bidder involves works other than water supply, then
the cost of water supply components should be mentioned clearly.
Average annual turnover
Rs. 25 Crore – Rs. 50 Crore – 2.5 Points
(iii) Rs. 50 Crore – Rs. 75 Crore – 5.0 Points 10
Rs. 75 Crore – Rs. 100 Crore – 7.5 Points
More than Rs. 100 Crore – 10 Points
Total points for criterion (a): 40
Adequacy of the proposed methodology and work plan in responding to the
(b)
Terms of Reference:
Understanding of Objectives
(i) Criteria: General understanding of the project requirements; coverage of 2.5
principal components as requested in TOR; and site visit assessment.
Quality of Methodology
(ii) Criteria: The degree to which the consultant presented written 2.0
methodology/ approach addresses the requirements of the TOR.
Innovativeness / Comments on Terms of Reference
Criteria: Suggestions, which could improve the quality of the project.
(iii) 1.0
Factors to consider: Points will be given for workable suggestions
proposed. No innovativeness will be given zero points.
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Criteria / Sub Criteria Points
Work Program
Criteria: A work program showing graphical presentation of activities (bar
(iv) 1.5
chart); an organization chart showing the relationship of the MPJN, the
Consultant and the civil works contractor.
Personnel Schedule
(v) Criteria: Relationship between required person-months and proposed work 1.0
program.
Counterpart Personnel and Facilities
(vi) Criteria: Requirement for counterpart personnel, office space, 1.0
transportation, equipment and services.
Proposal Presentation
(vii) Criteria: Clarity and ease of assessment of the entire proposal (including 1.0
material presentation).
Total points for criterion (b): 10
(c) Experience of the proposed Key Experts
(i) Team Leader 25
1 Educational Qualification
1.1 Minimum Educational Qualification (Graduation in Civil Engineering) 4
1.2 Desired Educational Qualification
1.2.1 Master of Engineering in Civil/ any relevant stream 2
1.2.2 Graduation in Civil Engineering from NIRF 2023 Top 200 Institute in
2
Engineering
2 Experience
2.1 Minimum 7 years’ experience in drinking water supply project 4
2.2 Desired Experience (Additional Points for desired experience)
2
10 years’ experience in drinking water supply project
3 Relevant Project Experience
3.1 Minimum experience of 3 Projects of drinking water supply costing at least Rs.
8
50 Crore each
3.2 Desired Relevant Project Experience for above project - (Additional Points for
each qualified project as per 3.1)
3.2.1 Experience of drinking water supply project costing at least Rs. 100 Crore each
3
(1 for each, maximum 3 projects)
(ii) Resident Engineer 15
1 Educational Qualification
1.1 Minimum Educational Qualification (Graduation in Civil Engineering) 3
1.2 Desired Educational Qualification (Additional Points for desired Educational
Qualification)
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Criteria / Sub Criteria Points
1.2.1 Master of Engineering in Civil/ any relevant stream 2
1.2.2 Graduation in Civil Engineering from NIRF 2023 Top 200 Institute in
1
Engineering
2 Experience
2.1 Minimum experience of 6 years’ experience in drinking water supply project 3
2.2 Desired Experience (Additional Points for desired experience)
1
8 years’ experience in drinking water supply project
3 Relevant Project Experience
3.1 Minimum experience of 2 Projects of drinking water supply costing at least Rs. 4
50 Crore each
3.2 Desired Relevant Project Experience for above project - (Additional Points for
each qualified project as per 3.1)
3.2.1 Experience of drinking water supply project costing at least Rs. 100 Crore each
1
(0.5 for each, maximum 2 projects)
(iii) Manager - Community Mobilization 10
1 Educational Qualification MSW or related field with Minimum experience of 7
years’
or 6
Prime Minister Rural Development Fellowship (PMRDF) with at least one year
experience
2 Relevant Project Experience
2.1 Minimum experience of 2 Projects of drinking water supply/ sanitation projects 2
2.2 Desired Relevant Project Experience for above project - (Additional Points for
each qualified project as per 2.1)
2.2.1 Experience in rural water supply project (1 Project) 1
2.2.2 Experience in drinking water supply/sanitation project in Madhya Pradesh
1
(1 Project)
Total points for criterion (c): 50
Total points [(a) + (b) + (c)]: 100
Note:
1. In case more than one expert is required for any package as part of team requirement, the
points will be equally divided for each candidate.
2. Each Key Expert CV must fulfil the Minimum Educational Qualification and Minimum
Experience criteria. Key Expert failing to meet the Minimum Educational Qualification or
Minimum Experience criteria or both, shall be disqualified and marks for such personnel
shall not be considered for the Bidder’s Technical Proposal Evaluation. Such experts should
be replaced before signing the agreement if bidder is adjudged as selected bidder.
3. The person should have worked for at least one year on the project for it to be considered
Page | 24
eligible for evaluation as part of Relevant Project Experience.
4. Each Key Expert CV must clearly show that a drinking water supply project of required
Contract Value (Rs. 50 Crore / Rs. 100 Crore) was part of the assignment for consideration
for the relevant criteria. In case, the bidder fails to clearly showcase this through the
submitted documents, the projects shall not be considered for evaluation under that specific
criteria.
5. Desired Relevant Project Experience (Experience of drinking water supply) shall be
considered for only those projects that are eligible for Minimum Relevant Project
Experience. Thus, in case Minimum Relevant Project Experience required is of 2 projects,
then only those 2 eligible projects shall be evaluated for Desired Relevant Project
Experience.
6. Each Key Expert must score a minimum of 70% marks. Any Key Expert scoring less than
70% marks will be disqualified and marks for such personnel shall not be considered for the
Bidder’s Technical Proposal Evaluation. Such experts should be replaced before signing the
agreement if bidder is adjudged as selected bidder.
7. In case the project done by individual expert involves works other than water supply, then
the cost of water supply components should be mentioned clearly. The same shall not be
less than Rs. 50 Crore / Rs. 100 Crore to be considered for the respective criterion.
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Minimum
No. Particulars Minimum Experience
Qualification
• Prime Minister Rural Development
Fellowship (PMRDF) with at least 6 month
Assistant experience
Master’s degree in
Manager –
5. social work or related or
Community
field • 5 year experience
Mobilization
• Should have experience of at least 1
drinking water supply project
• Degree holders - 3 year experience in
engineering works of which at least 2 year
in drinking water supply
or
Bachelor’s degree /
Field Engineer • Graduation in Civil Engineering with
6. Diploma in Civil
(Civil) GATE score of more than 90 percentile
Engineering
or
• Diploma holders - 5 year experience in
engineering works of which at least 3 year
in drinking water supply
• Degree holders - 3 year experience in
engineering works of which at least 2 year
in E&M project
or
Bachelor’s degree /
• Graduation in Electrical/Mechanical
Field Engineer Diploma in
7. Engineering with GATE score of more than
(E&M) Electrical/Mechanical
90 percentile
Engineering
or
• Diploma holders - 5 year experience in
engineering works of which at least 3 year
in E&M project
• Degree holders - 3 year experience in
engineering works of which at least 2 year
in drinking water supply
or
Bachelor’s degree /
Quality Control • Graduation in Civil Engineering with
8. Diploma in Civil
Engineer GATE score of more than 90 percentile
Engineering
or
• Diploma holders - 5 year experience in
engineering works of which at least 3 year
in drinking water supply
• 02 year experience in similar work.
Billing / Finance
9. B. Com Graduate • Should have proficiency in accounting
Assistant
software like Tally or similar
Computer
10. DCA/PGDCA • 02 year experience
Operator
11. Office Manager Graduate • 02 year experience
Page | 26
Minimum
No. Particulars Minimum Experience
Qualification
12. Office boy Higher secondary -
Note:
1. Bidders need to submit the CVs of Key Experts i.e., Team Leader, Resident Engineer and
Manager (Community Mobilization) in technical proposal.
2. CVs of remaining personnel shall be approved prior to deployment by MPJN.
3. Maximum working age shall be 60 years. CVs submitted for evaluation / approval should
not be beyond 60 years of age as on bid submission date.
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Section IV: Technical Proposal Forms
Page | 28
Form TECH-1: Technical Proposal Submission Form
To,
Managing Director
Madhya Pradesh Jal Nigam
8, Arera Hills, Bhopal - 462004
Sub.: Selection of Supervision and Quality Control Consultant (SQC) for Multi Village
Drinking Water Supply Schemes (MVDWSS) of Project Implementation Unit (PIU)
____________ under JJM in Madhya Pradesh
Ref.: NIT No. _______/SQC/Proc./MPJN/2023-24 Bhopal, Date: ………….
We, the undersigned, offer to provide the consulting services for [Insert name of assignment]
in accordance with your Request for Proposals dated [Insert Date of NIT] and our Proposal.
We are hereby submitting our Proposal which includes this Technical Proposal, and a
Financial Proposal.
[Insert the following in case of an Association]
We are submitting our Proposal as an Association comprising of: [Insert a list with the full
name and the legal address of consultant and association, starting from the consultant]. We
have attached a copy [insert: “of our letter of intent to form association” signed by each
member, which details the likely legal structure of and the confirmation of association.
We hereby declare that:
(a) All the information provided, and statements made in this Proposal are true and we accept
that any misinterpretation or misrepresentation contained in this Proposal may lead to our
disqualification by the Client.
(b) Our Proposal shall be valid and remain binding upon us for the period of time specified in
Section II, Data Sheet (DS) 7.1.
(e) We undertake to sign a Contract on the basis of the proposed Key Experts. We accept that
the substitution of Key Experts for reasons other than those stated in ITC 7.6 and ITC 15.2
Page | 29
may lead to the termination of Contract.
(f) Our Proposal shall be binding upon us up to expiration of the validity period of the
Proposal, i.e. before the date indicated in DS 7.1.
(g) We understand that the Client is not bound to accept any Proposal that the Client receives.
(h) We hereby certify that we have taken steps to ensure that no person acting for us or on our
behalf will engage in any type of fraud and corruption.
We remain,
Yours sincerely,
Authorized Signature : [Insert signature of the person duly authorised to sign the
Proposal, in full and initials]
Name and Title of Signatory : [Insert full name and title of the person above]
Name of Consultant : [Insert name of firm]
In the capacity of : [Insert position of the person signing above]
[Person signing the Proposal shall have the Power of Attorney given by the Consultant to be
included in the Technical Proposal.]
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Form TECH-2: Consultant’s Organization and Experience
A - Consultant’s Organization
1 Details of Consultant
(a) Name of the Consultant
(b) Address
Date of incorporation and / or
(c) commencement of business
(d) PAN
(e) GSTIN
[Please include supporting documents including registration & GST documents of the
Consultant for this assignment.]
[Provide here a brief (two page) description of the organization and general experience of the
Consultant relevant to this assignment.]
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B - Consultant’s Experience
Abstract of Eligible Assignments
Note: The details on the above projects should be provided in the format below along with
supporting document.
Page | 32
[Using the format below, provide information on each assignment for which your firm for this
assignment, was legally contracted either individually as a single firm or as a lead firm or one
of the members of a JV, for carrying out services similar to the ones requested under this
assignment. The experience of affiliated entities (such as the parent company(ies), group
company(ies), subsidiary(ies) or other affiliate(s)) shall not be included.]
Note:
1. Certificate from Principal Employer (Executive Engineer or above) regarding experience
should be furnished.
2. The above certificate shall clearly show all the separate projects which were part of the
consulting assignment and their separate cost. Thus, it shall clearly show that a single project
of Contract Value of at least Rs. 200 Crore was part of the assignment. In case, the bidder fails
to clearly showcase this through the submitted documents, the experience shall not be
considered for evaluation under this criteria.
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Form TECH-3: Consultant’s Turnover
Format for Certificate for Annual Turnover
(To be submitted on the letterhead of Statutory Auditor / Chartered Accountant)
We have verified the relevant statutory and other records of ________________ [Name of
the Applicant], and certify that the annual turnover from consultancy services in the any 3
consecutive financial years preceding the bid due date is as follows:
(in Rs Crore)
Annual Turnover from Consultancy Services
Bidder Name
2022-23 2021-22 2020-21 2019-20 Average
This certificate is being issued to be produced before Managing Director, Madhya Pradesh
Jal Nigam, Bhopal.
Date & Signature and Seal of the Statutory Auditor / Chartered Accountant
(clearly indicating membership number)
Date: ___________
Place: ___________
Note:
1. Along with the above format and information, the Bidders for demonstrating the Financial
Capacity shall attach copies of the audited annual reports for 3 (three) years preceding the
Proposal Due Date. The financial statements shall:
a. reflect the financial situation of the Bidder;
b. be complete, including all notes to the financial statements; and
c. correspond to accounting periods already completed and audited (no statements for
partial periods shall be requested or accepted).
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Form TECH-4: Description of Approach, Methodology and Work Plan for
Performing the Assignment
[Technical approach, methodology and work plan are key components of the Technical
Proposal. It is suggested that the Consultant presents its Technical Proposal (about 25 pages,
inclusive of charts and diagrams) divided into the following three chapters:
(a) Technical Approach and Methodology:
The Consultant shall explain its understanding of the objectives of the assignment,
approach to the services, methodology for carrying out the activities and obtaining the
expected output, and the degree of detail of such output.
The Consultant shall highlight the problems being addressed and their importance and
explain the technical approach it would adopt to address them. The Consultant shall also
explain the methodologies it proposes to adopt and highlight the compatibility of those
methodologies with the proposed approach. A simple repeat/copy of the TOR will not be
appropriate.
.
A list of the final documents, including reports, drawings, and tables to be delivered as
final output, shall be included here.
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Form TECH-5: Summary of Team Composition – Key Experts
Page | 36
Form TECH-6: Curriculum Vitae (CV) for Proposed Key Experts
[ The Consultant shall prepare the CV of each Key Expert it proposes, using the format below
(about 5 pages for each Key Expert).]
1. General
Position Title and No. [e.g., K-1, TEAM LEADER] [Note: only one candidate shall
be nominated to each position.]
Name of Key Expert [Insert full name]
Name of the Firm proposing the
Key Expert
Date of Birth [day/month/year]
Nationality
Country of
Citizenship/Residence
2. Education
[list college/university or other specialized education, giving names of educational institutions,
dates attended, degree(s)/diploma(s) obtained]
________________________________________________________________________
________________________________________________________________________
Page | 37
*Contact information for references is required only for assignments during the last 3
years.
Page | 38
Country :
Period :
Client :
Funding Source :
Type of Service :
Position :
Description of :
work/ Assignment
7. Certification:
I, the undersigned, certify to the best of my knowledge and belief that:
(a) this CV correctly describes my qualifications and my experience;
(b) In the absence of medical incapacity, I will undertake this assignment for the duration
and in terms of the inputs specified for me in the proposal provided team mobilization takes
place within the validity of this proposal or any agreed extension thereof;
(c) I am committed to undertake the assignment within the validity of Proposal;
(d) I am not part of the team who wrote the terms of reference for this consulting services
assignment;
(e) I am, pursuant to Clauses 3 and 4 of the Instructions to Bidders, eligible for engagement.
Date:
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Form TECH-7 (Form ACK): Acknowledgement of Compliance
To be submitted by the consultant and associate separately
A) I, [insert name and position of authorized signatory] being duly authorized by [insert name
of Consultant] (hereinafter referred to as the “Consultant”) to execute this
Acknowledgement of Compliance, hereby certify on behalf of the Consultant and myself
that:
(i) all information provided in the Technical and Financial Proposals (collectively
“Proposals”) submitted by the Consultant for [name, number and identification of
assignment as stated in DS 2.1] (hereinafter called “the Project”) is true, correct and
accurate to the best of the Consultant’s and my knowledge and belief; and
(ii) the Consultant has not, directly or indirectly, taken any action which is or constitutes
a corrupt or fraudulent practice and is not subject to any conflict of interest as
stipulated in the Request for Proposals.
<If debarment for more than one year by the Government is NOT imposed, use the following sentence
B).>
B) I certify that the Consultant has NOT been debarred by the Government for more than one
year since the date of issuance of the Request for Proposals.
<If debarment for more than one year by the Government has been imposed BUT three (3) years have
passed since the date of such debarment decision, use the following sentence B’).>
B’) I certify that the Consultant has been debarred by the Government for a period more than
one year BUT that on the date of issuance of the Request for Proposals at least three (3)
years had passed since the date of such debarment decision. Details of the debarment are
as follows:
C) I certify that the Consultant will not enter into a subcontract with a firm or an individual
which has been debarred by the Government for a period more than one year, unless on
the date of the subcontract at least three (3) years have passed since the date of such
debarment decision.
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E) I further certify, on behalf of the Consultant, that if the Consultant is requested, directly or
indirectly, to engage in any corrupt or fraudulent act or practice under any applicable law,
such as the payment of a rebate, at any time or any stage of a process of consultant selection
such as evaluation, execution or implementation of contract (including amendment
thereof), the Consultant shall report all relevant facts regarding such request to the relevant
section in Client or Government in a timely manner.
The Consultant acknowledges and agrees that the reporting obligation stated above shall
NOT in any way affect the Consultant’s responsibilities, obligations or rights, under
relevant laws, regulations, contracts, guidelines or otherwise, to disclose or report such
request or other information to any other person(s) or to take any other action, required to
or allowed to, be taken by the Consultant.
F) If any of the statements made herein is subsequently proven to be untrue or incorrect based
on facts subsequently determined, or if any of the warranties or covenants made herein is
not complied with, the Consultant will accept, comply with, and not object to any remedies
taken by the Client and any sanctions imposed by or actions taken by Client.
Authorized Signatory
[insert name of signatory; title]
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PART 2- TERMS OF REFERENCE
Section V: Terms of Reference
1. Background
Madhya Pradesh Jal Nigam (MPJN) was incorporated as a wholly owned State Government
Company under the Companies Act, 1956 on 9th July 2012. It is under the Chairmanship of
Hon'ble Chief Minister, Govt. of Madhya Pradesh, as a separate entity under Public Health
Engineering Department. It is responsible for design, execution, implementation, operation and
maintenance of rural water supply schemes in the state to ensure safe, adequate drinking water
to every household with tap connection in the areas of the state.
MPJN is a nodal agency for implementing Multi Villages Schemes (MVS) under Jal Jeevan
Mission (JJM) which is a flagship programme of Government of India. According to JJM,
‘Every rural household should have drinking water supply in adequate quantity of prescribed
quality on regular and long-term basis at affordable service delivery charges leading to
improvement in living standards of rural communities. MPJN is establishing decentralized,
demand-driven, community-managed implementation of multi-village systems which will
instil the sense of ownership among the local community.
Vision
MPJN envisions to provide safe and sustainable tap drinking water to communities and raw
water to industries by utilizing surface water resources and to provide sustainable treatment
and disposal of sewage.
Project Implementation Unit
MPJN has formed Project Implementation Units (PIUs) to supervise the execution, operation
and maintenance of schemes. The organogram of PIUs is shown below.
General Manager
Schemes / Projects
Multi Village Drinking Water Supply Schemes (MVDWSS) comprise planning and
development of water supply infrastructure viz. intake well, water treatment plant, raw water
& clear water mains, overhead tanks, distribution network, functional household tap
connections, SCADA, etc. complete and operation and maintenance of the water supply
infrastructure to ensure continuous and sustainable water supply to end users in according with
Page | 43
applicable guidelines of Government of India and Government of Madhya Pradesh. MPJN lays
high emphasis on quality as well as time bound execution of schemes. The contractor appointed
by MPJN also undertakes operation & maintenance of schemes for 10 years after completion.
Madhya Pradesh Jal Nigam (MPJN) is implementing Multi Village Drinking Water Supply
Schemes (MVDWSS) across the state. The schemes are funded through New Development
Bank (NDB), NABARD, State Mining Fund & District Mining Fund.
Page | 44
proposal, variation, extra work, preparation of proposal for change in scope of work of
contractor(s), etc. The scope of Consultant will include but not be limited to the following:
2.1. The basic responsibilities of Consultant are as follows:
(i) To supervise the overall activities for an efficient execution of multi village water
supply scheme(s) to provide safe drinking water as per designed quality and
quantity, with adequate pressure at convenient location and time on a sustainable
basis and advise to maintain the necessary record as per norm & inspect the record
of contractor to supervise overall execution of all components of schemes & all
assets being created by the contractor during construction of overall scheme & to
fulfil overall service level bench mark as given in agreement with contractor.
(ii) To advise & instruct the contractor and if required to undertake demonstration
sessions to maintain the quality in every activity related to execution.
(iii) To assist PMC in overall Project Management of schemes
(iv) Verifying the provisions at site with respect to bid documents
(v) To assist PMC in Establishment of Construction Management and Project
Performance Monitoring and Reporting System and maintain the records thereof;
(vi) Supervision and Quality control of works being executed by the EPC Contractor.
(vii) Quality Assurance of different material procured by the contractor
(viii) Project Level Quality monitoring
(ix) To assist PMC in Approval of Quality Plan, Safety Plan, Project Plan, Quality
Assurance Plans for different material procured by contractor
(x) Assist in day to day working of Client as directed by Client
(xi) Any other activity as directed by Client related to execution of schemes.
(xii) Act as a coordinator in between EPC Contractor, VWSCs of different villages,
other related institutions & PIU (Project Implementation Unit) in Execution
matters.
(xiii) To maintain & upkeep of overall record related to Execution works.
(xiv) To provide the necessary assistance in getting house service connections,
disconnection as per advice of VWSCs based on merits and demerits during
Execution period.
(xv) To provide necessary assistance in formation of VWSCs of villages if not formed
or new VWSC if dissolved.
(xvi) To supervise the work & get it recorded in Measurement Books (MBs) & to
produce bills as per norms during execution period and in preparation of final bills.
(xvii) To attend the orientation program/workshop if organized by MPJN for up gradation
or orientation.
(xviii) To prepare the estimate of work, if required, as per requirement & instruction by
GM, PIU.
(xix) To supervise the execution on day-to-day basis.
(xx) Acts as coordinator in case of labour strike, etc. from the side of Employer.
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2.2. Overall Supervision, Quality Control & Project Management
The duties of the Consultant will be to properly supervise the works and approve the materials
and workmanship of the works in cooperation and in consultation with the Employer to ensure
timely completion of the project. The Consultant will administer the construction works
contracts and will ensure that the contractual clauses, whether related to quality or quantities
of work, are respected. The Consultant shall have no authority to relieve the contractor of any
of their duties or obligations under the contracts or to impose additional obligations not
included in the contracts. The duties of the Consultant will also include issuing decisions,
certifications and orders as specified in detail in the construction contract document. The
Consultant shall assist MPJN in overall Supervision, Quality Control of the projects for all
components on technical, physical, financial, social and institutional matters including
formulation of Quality assurance & Quality Control plan, project management plans and other
plans, monitoring, supervision, preparation of various reports including daily, weekly, monthly
reports and completion reports, and advice on problems & bottlenecks prevailing or anticipated
and countermeasures / corrective actions required. The following activities will have to be
carried out by the Consultant:
a) On behalf of MPJN, draft procedures and ensure adherence to works procurement, billing,
contract management and quality control.
b) Project Performance Monitoring and preparation of Project Completion Report
c) Sites visit as required
The Client may appoint a Third-Party Inspection Agency (TPIA) for carrying out specific
activities in accordance with the Jal Jeevan Mission guidelines. The Consultant shall coordinate
with and provide support to the appointed TPIA to carry out all their activities. The Consultant
shall share all the records regarding progress, quality and quantity of the executed works with
the TPIA. The Consultant shall get TPIA’s suggestions implemented through the contractor.
Deputy Team Leader of the Consultant shall act as the nodal person for coordination with
TPIA.
The Consultant shall perform his duties during the contract implementation period of the
contracts to be executed by the contractor(s) and ensure that work is carried out as per provision
of the contract with respective contractor(s) with the help of PIU. In this context, the Consultant
shall:
a) Check whether the MVS design done by Contractor is as per the provisions in JJM / DDWS,
MoJS / CPHEEO and other applicable guidelines as applicable.
b) Check whether all the survey works have been carried out by the contractor and water
demand has been estimated properly.
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c) Check the design parameters and make sure that they are as per JJM / DDWS, MoJS /
CPHEEO and other applicable guidelines as applicable.
d) Visit the site on day-to-day basis.
e) Point out the short comings while execution of the works and offer suggestions for their
rectification. Drafting letters or any other communication with the contractor/ PIU/Project
Management consultant on day-to-day basis.
f) Advise on procedures and methodologies regarding Contractor’s work program, method
statements, material sources, etc.
g) Scrutinize the Contractor’s detailed work program, suggesting modification, if any, after a
careful study and ensuring timely completion.
h) Scrutinize the Construction Methods proposed by the Contractor for carrying out the works
to ensure that these are satisfactory with reference to the technical requirements, and
deployment of plant and machinery, project implementation schedule and environments
aspects as well as safety of works, personnel and the general public.
i) Scrutinize on random basis and/or reviewing contractor's supervision personnel and
suggests modifications, if any.
j) Advise PIU on regular inspection of the Contractor’s equipment, plant, machinery,
installation, etc. to ensure that they are adequate and are in accordance with the terms and
conditions of the contract.
k) Act as the Engineer to execute construction supervision and contract administration
services in accordance with the power and authority to be delegated by MPJN.
l) Provide assistance to MPJN concerning variations and claims which are to be
ordered/issued at the initiative of MPJN. Advise MPJN on resolution of any dispute with
the contractor.
m) Issue instructions, approvals and notices as appropriate.
n) Provide recommendation to MPJN for acceptance of the contractor’s performance security
and required insurances.
o) Assess adequacy of all inputs such as materials, labour and equipment provided by the
contractor.
p) Check and approve the contractor’s method of work, including site organization, program
of performance, quality assurance system, method statements, safety plan, and
environmental monitoring plan so that the requirements set forth in the applicable laws and
regulations, the specifications or other parts of the contract are to be duly respected.
q) Regularly monitor physical and financial progress, and take appropriate action to expedite
progress if necessary, so that the time for completion set forth in the contract will be duly
respected by the contractor.
r) Explain and/or adjust ambiguities and/or discrepancies in the Contract Documents and
issue any necessary clarifications or instructions. Give instructions to the contractor for any
works which may not be sufficiently detailed in the contract documents, if any.
s) Review and recommend for approval the contractor’s design & working drawings if found
in accordance with the contract.
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t) Liaise with the appropriate authorities to ensure that all the affected utility services are
promptly relocated.
u) Carry out field inspections on the contractor’s setting out of the works in relation to original
points, lines and levels of reference specified in the contract.
v) Organize, as necessary, management meetings with the contractor to review the
arrangements for future work. Prepare and deliver minutes of such meetings to MPJN and
the contractor.
w) Monitor the works so that all the contractual requirements are met by the contractor,
including those in relation to i) quality of the works, ii) safety and iii) protection of the
environment. Confirm that an accident prevention / safety officer proposed by the
contractor is duly assigned at the project site. Require the contractor to take appropriate
remedies if any questions are recognized regarding the safety measures.
x) Witness and Assist MPJN in assessing field test report, sampling and laboratory test report
to be carried out by the contractor.
y) Reviewing the test results/certificates of all construction material and/or sources of material
and undertake additional tests as necessary to assess the quality of works as 1st tier quality
control.
z) Consultant shall make recommendations for payment of bills as per the agreement between
contractor and MPJN. Any corrections, if required, shall be made only after the
recommendations of the General Manager (GM) of the concerned PIU.
aa) Verifying the request for area addition in the contractor’s scope of work during execution
period. The request can be through Contractor, Client or public and need to be verified at
site and change in scope planned accordingly.
bb) Evolve and implement a system for the quality assurance of the works in line with the
contractor’s quality assurance plan. The system of control of quality of material and
completed works shall also include sampling method and criterion, and acceptance criteria.
The sampling method and the acceptance criteria shall be based on statistical methods and
the recommendations of the relevant IS codes and JJM / DDWS, MoJS / CPHEEO
guidelines.
cc) Inspect the construction method, equipment to be used, workmanship at the site, and attend
shop inspection and manufacturing tests in accordance with the Employer’s Requirements.
dd) Check bills submitted by the contractor and recommend for payment as per the provisions
of the contract.
ee) Coordinate the works among different contractors/consultants employed for the projects.
ff) Assess the modifications in the Employer’s Requirements as may be necessary in
accordance with the actual site conditions and recommend regarding variation orders.
gg) Carry out timely reporting to MPJN for any inconsistency in executing the works and
suggesting appropriate corrective measures to be applied.
hh) Inspect, verify and determine claims issued by the parties to the contract (i.e. MPJN and
contractor) in accordance with the contract;
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ii) Ensure that the Test on Completion carried out by the contractor and assist MPJN in
carrying out the Test after Completion, as applicable.
jj) Perform the inspection of the works and to issue certificates such as the Taking-Over
Certificate, Performance Certificate as specified in the contract, Check and
recommend/certify as-built documents prepared by the contractor.
kk) Check the construction phase final bill in detail and verify on site and accordingly
recommend for payment.
ll) To direct the Contractor in all matters concerning construction safety and care of the works
(including the erection of the temporary signs at MPJN works) and if required, to require
the Contractor to provide any necessary lights, guards, fencing and watchmen.
mm) To provide adequate supervision of Contractor’s work carried out in more than one shift
thus matching the working hours to be the same as that of the contractors(s);
nn) Provide assistance to the Employer in respect of contract implementation, claims and other
matters.
oo) Assist to acquire land for different component of scheme and take necessary permission
from concerned department such as revenue, forest, agriculture, private land, etc. Also
assist in acquiring necessary permission from road authorities, railway, water resource
department, electricity department, etc.
pp) Assist/advice Employer for advance actions required to be taken for handing of site and in
achieving different milestones for completion of projects as per schedule.
qq) Online Entries on the MIS/Works Contract Management System (WCMS) Module as per
requirement for recording information regarding project, measurement and bills, etc.
rr) Assist the Employer in co-ordination works with different agencies and hold meetings for
proper and timely implementation of the project.
ss) Checking and review of complete structural as well as hydraulic design and drawing
including all components of the Multi Village Rural Water Supply Scheme as per provision
of work contract, prepared and submitted by contractor and preparation of evaluation report
of design and drawing.
a) Review and ensure implementation of the safety plans submitted by the bidders from the
point of view of securing the safety during the construction.
b) Review and ensure implementation of the program submitted by the contractors from the
point of view of securing the safety during the construction and ask the contractor to submit
further details, if necessary; and
c) During the supervision of the construction work, ensure that an accident prevention officer
/ safety officer proposed by the contractor is duly assigned at the project site and that the
construction work is carried out according to the safety plan as well as the safety measures
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prescribed in the program. If Consultant recognize any questions regarding the safety
measures in general including the ones mentioned above, the Consultant shall suggest
MPJN to ask the contractors to make appropriate improvements.
3. Implementation Arrangements
3.1. The Supervision and Quality Control Consultant (Execution) would be attached to Project
Implementation Agency (PIU), MPJN for coordination, reporting and approval of
payment purposes and would advise and assist in capacity and quality enhancement of
the executing agency.
3.2. Under the overall guidance of the MPJN / Project Management Consultant (PMC), the
Consultant will provide management advice to PIUs’ on methodologies and procedures
for contract management, 1st tier quality control, monitoring project performance and
coordination, quality monitoring of works for the project, etc.
3.3. The Consultant will establish its office in the project area at the locations indicated in
Annexure 2 on its own.
3.4. The Consultant will directly liaise with the PIU, MPJN in enforcing the agreed
procedures.
3.5. Status of all the activities entrusted to the Consultant would be reviewed in weekly /
monthly and any other meetings scheduled by Client. Corrective actions as identified
during such meetings would be required to be taken up by the Consultant.
Detailed information on the major tasks and duties are as follows, however in case of partial
deployment as instructed by MPJN, as per or due to any other reason, the responsibilities of
undeployed staff shall be delegated to the deployed staff by the consultant so that the project
does not suffer in any way.
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1. Team Leader
a) Lead the Project Team to finish all work related to assignment of consulting services during
the project implementation process; Act as Employer’s Representative on Design-Build
(DB) Conditions (EPC) Contract.
b) Shall take the overall responsibility under the consulting services of the Consultant, and
shall represent the Consultant in all matters relating to the performance of services,
communication between Contractors, PIU, MPJN and the Project Management Consultant,
coordinating with and managing Consultant team to deliver services as per the scope of
work during the stipulated time schedule
c) Develop and help project implementation plans and procedures for monitoring and control;
d) Shall be in regular contact with the Client, PIU, PMC and attend all the meeting as required
/ instructed by Client.
e) In consultation with the PIU, develop a detailed framework for the Project Performance
Management System (PPMS) including overall system design, refinement of indicators,
targets and outputs, and form of report formats. This task must be completed within first 6
months of the contract.
f) Shall issue instructions to contractor(s) and check the documents and drawings submitted
by the contractor(s).
g) Shall prepare monthly and quarterly progress reports
h) Scheduling and ensuring timely mobilization / demobilization of team members
i) Ensuring deployment of the entire team in accordance with the Contract / Client
instructions
j) Undertake site visits at least twice a week ensuring coverage of all project area in the
month.
k) Provide detailed review and recommendation on checking of bills, checking / preparation
of proposals for variation, extra work, time extension, delay analysis, etc. as directed by
Client.
l) Set up and maintain a correspondence and document storage and retrieval system to record
all relevant communications between the parties to the Contracts and all measurement and
quality control details and variations to the works as they occur.
m) Develop the format of a brief monthly construction report and prepare project relevant
reports required by MPJN, including inception report, brief monthly reports, quarterly
reports, and project completion report.
n) Review all documents and supervision reports before final submission to MPJN.
o) To approve the Contractors key superintendent personnel and, construction mobilization
programs.
p) To approve the contractors’ work program including activity scheduling and resource
programming.
q) Issue interim certificates for payments to the contractors.
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b) Shall function as technical advisor in supervision of all the schemes
c) Shall assist to coordinate with other experts in delivering the entire scope of work
d) Responsible for overall construction management, quality control & quality assurance and
administration of the contracts.
e) Shall assist PIU/MPJN in correspondence to clarifications from the contractors in technical
aspects
f) Shall oversee the contractor’s submission documents and coordinate for reviewing the
contractor’s submissions
g) Undertake regular site visits as directed by the Client ensuring coverage of the entire
scheme during a month,
h) To review, compile and finalize progress reports.
i) To test check measurements as per TOR
j) Shall assist the team in reviewing the documents and drawings submitted by the
contractor(s)
k) Shall assist the team in resolving inter-department issues and will recommend on
resolution of hindrances in execution
l) All other duties assigned by the Team Leader and GM/CGM.
a) To review and monitor the ongoing work on site as per approved design drawing
b) Shall function as technical advisor in supervision of all the schemes
c) Shall assist to coordinate with other experts in delivering the entire scope of work
d) Shall assist PIU/MPJN in correspondence to clarifications from the contractors in technical
aspects
e) Shall oversee the contractor’s submission documents and coordinate for reviewing the
contractor’s submissions
f) Undertake regular site visits as directed by the Client ensuring coverage of the entire
scheme during a month,
g) To review, compile and finalize progress reports.
h) To test check measurements as per TOR
i) Shall assist the team in reviewing the documents and drawings submitted by the
contractor(s)
j) To coordinate with contractor(s) to ensure progress of works as per the approval plans
k) Any engineering work like design check, bill check & reply to contractor(s).
a) Ensure every revenue village/habitation have covered with FHTCs, done PRA and prepare
VAP with participatory approach and have constituted VWSC, as per JJM
guidelines/Gazette Notification of MP.
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b) To provide assistance in conducting PRA and VAP
c) Liaising/coordination among Gram Panchayat/Jila Panchayat/MPJN/PIU and other
concerned line department.
d) To provide necessary support for Capacity Building plan, Surveys, IEC activities plan and
Social Mobilization Activities.
e) To identify Critical Capacity/Skill gaps among Key Stakeholders for implementation to
promote a community-led approach to rural water supply and facilitate the process of
bridging these gaps.
f) Any other task relevant to the project for social mobilization and other activities of the
project.
g) To steer the Project Team in the implementation of the JJM programme and its objectives.
h) Conduct monthly review meeting with all related concerned stakeholder.
i) Apart from above, he/she will be responsible for implementing JJM guidelines
5. Resident Engineer
a) To review and monitor/supervise the ongoing work on site as per approved designs,
drawings, specifications in line with approved QAQC plan.
b) Reporting and interacting with Team Leader to sort out routine construction problems.
c) To coordinate with contractor(s), PIUs, PMC to ensure progress of works as per the
approval plans
d) To update the team and Client in case of foreseeable issues & hindrances which could
impact the progress of the projects as per the approved plan
e) Any engineering work like design check, bill check & reply to contractor(s).
f) Review project design drawings and provide direction, if need be, highlight potential
technical problems and suggest means to resolve the same in consultation with PIU, DTL
& TL.
g) Witness, provide advice and assistance on start-up, testing and commissioning as per
detailed specifications and contract conditions.
h) To inspect the works, during the construction period and during the Trial run and at proper
interval.
i) Establish a system of Quality control & Quality Assurance of works, approve materials,
concrete mix designs, sampling and testing procedure and ensure implementation of the
same on site.
j) To interact with GM/DGM.
k) To review progress reports submitted by the contractor and prepare weekly, monthly
progress reports highlighting the bottlenecks.
l) To check measurements as per TOR
m) All other duties assigned by the Team Leader and GM/DGM.
6. Assistant Engineer (Civil/E&M)
a) Coordinate with client and the contractors appointed by client for execution of work water
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supply schemes to monitor construction work as per the schedule of each works.
b) Monitor progress with reference to pre-fixed targets drawn up jointly with the Contractors
and furnish monthly progress reports in the formats as decided in consultation with the
MPJN.
c) To direct contractor to take all necessary steps to maintain the rate of progress of works as
per the approval programme.
d) Guiding team of Field Engineers to approve setting out of the works layout, to verify the
drawings of the contractor, quality control & Quality assurance procedures, etc.
e) Ensure monitoring and checking of day to day works ongoing on the site, and issue
monthly/interim payment certificates.
f) To direct the Contractor in all matters concerning construction safety.
g) To verify and correct the as built drawings.
h) Record measurements in measurement books at various stages of works, verification of
measurement and preparation of bills based on recorded measurements jointly with the
Departmental Officers during each stage.
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h) To steer the Project Team in the implementation of the JJM programme and its objectives.
i) To support, Monitor and Evaluate the JJM programme on a regular basis to achieve its
milestones and objectives within the defined time frame.
j) Apart from above, he/she will be responsible for implementing JJM guidelines
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ii. The Employer will not consider substitutions during contract implementation except
under exceptional circumstances. In case of such replacements, the Consultant will
ensure that there is a reasonable overlap of at least one month between staff to be
replaced and replacement for knowledge transfer, at the cost of the Consultant.
iii. Only under exceptional circumstances and with approval of MD, MPJN any staff shall
be allowed to be replaced. Any such request for replacement shall be raised by giving
proper justification of the need of replacement. Any such replacement of expert shall
draw a penalty of 5% of the quoted cost of resource. Subsequent replacements shall
draw a penalty of additional 5% of the quoted cost of resource. PD, MPJN shall have
the sole discretion of waiving such penalty in the following cases:
a. if the candidate during interview is found better qualified and capable;
b. if the personnel joins any other consulting assignment being executed by
Madhya Pradesh Jal Nigam on man-month basis after being deployed by the
firm for the current assignment;
c. if replacement is undertaken based on instructions of MPJN;
d. if the replacement is necessitated because of medical reasons. The Consultant
will be required to provide medical reports or doctor’s advice mentioning the
incapacity of the expert to perform. MPJN if required, can ask for a certificate
from a doctor empanelled with it.
iv. The Employer may ask for mobilization or demobilization of team / staff as per
performance and requirement of work. The team / staff shall be mobilized / demobilized
as communicated by Employer. Approval for mobilization / replacement /
demobilization of any Key Expert (personnel whose CV has been evaluated as part of
the Technical Proposal Evaluation) shall be accorded by the respective CGM. Approval
for mobilization / replacement / demobilization of all other personnel shall be accorded
by the respective GM, PIU.
v. The consultant shall provide sufficient and required training regarding duties to be
performed, checking/approval process to be adopted and Quality Assurance – Quality
Control (QAQC) & safety procedures to staff to be deployed at the project to deliver
their duties as per Terms of reference within 30 days of the deployment on site and
consultant shall provide training certificate to the staff to that effect. CGM shall confirm
the deployment of concern staff after satisfactory interview. In case the consultant fails
to provide such training, Rs. 10,000/- per staff per month shall be deducted from the
consultant’s monthly bill as penalty till the time the training is completed satisfactorily.
The costs towards travel expenses, boarding and lodging pertaining to outstation (outside
project area) visits undertaken with prior approval of Client shall be reimbursed by the Client
on production of bills with the invoices. The class of travel and stay shall be as per latest
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applicable rules of Government of Madhya Pradesh as on the date of travel as per entitlement
for the respective Experts as per the following table:
5.1. The Consultant will be required to obtain the specific approval of the Employer in the
matters as specified in Contract Agreement for EPC works of the specific schemes.
5.2. The Consultant will seek prior permission of the Employer before taking any of the
following actions:
a. Consenting to the sub-contracting of any part of the works.
b. Certifying additional cost determined.
c. Ordering suspension of work.
d. Issuing the notice to commence the work.
e. Approving extension of time.
f. Approving new rates either for existing items of work, which arises from variation
quantities beyond the limit, defined in the contract or fixing rates of non-priced
works involving any extra item and extra item and certifying any additional cost
determined under the provisions of contract;
g. Issuing the order for special tests not provided for in the contract and determining
the cost of such tests, which shell be added to the contract price.
h. Issuing/approving the Technical Specification, if not provided for an item of works
in the Construction Contract, similarly, for any change in Technical Specification
of any item of work.
6. Interim and Final Payments
6.1. The Consultant will process interim and final payments to the Contractor. Interim monthly
payments shall be based on interim payment certificates processed by the Consultant
following claims filed by the Contractor. The Consultant will be responsible for ensuring
that all measurements are taken as per specification and drawings for the works and are
recorded in presence of the representative of contactor(s) and are countersigned by him.
All measurements (100%) will be taken by the Field Engineer or any senior technical staff
and also recorded in prescribed measurement book manually and/or by computer. All
measurements will be 100% checked by Assistant Engineer. In processing contractual
payments, the Resident Engineer and DTL of the Supervision Consultant will certify that
they have checked at least 25% and 10% respectively of the measurements and quality
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control tests. The Resident Engineer shall intimate the details of these check tests to the
GM, PIU before undertaking them, so that the GM, PIU or his officers could associate, if
they wish to do so. The Resident Engineer or any of his concerned experts shall do the
repeat tests or measurements, if directed by the GM, PIU of the construction package, in
the presence of GM, PIU or any of his representatives. In case of any conflict the Team
Leader will check minimum to 3% of total measurement/quality control tests. In the event
of such conflict the Employer will release to the contractor 80% of the disputed amount as
certified by the Consultant and then instruct the Consultant to respond to the discrepancies
within 14 days. Any discrepancy found will be settled in the following interim payment
certificates.
6.2. Measurement of the works and supplies will be checked by the staff of Consultant as
follows.
(i) Team Leader :- 3%
(ii) Deputy Team Leader :- 10%
(iii)Resident Engineer :- 25%
(iv) Assistant Engineer :- 100%
7. Reports
7.1. The Consultants will submit the following periodic reports at the time and in the number
of copies (also in electronic copies) indicated for each, in addition to reports, which will
be submitted on the specific tests under the scope of work. Some of the reports would be
in questionnaire form so that all required aspects are covered.
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Mere submission of reports will not suffice.
iv. Monthly Progress Report: Monthly progress reports to be submitted by the fifth day
of the following month in Hindi and/or in English. The report shall include the
progress of works, any hindrances observed, or foreseen, and corrective measures
taken or proposed to resolve the hindrance along with photographs of construction
progress. (5 Copies in Hard and 1 in Soft Copy). The report shall summarize the work
accomplished by the Consultant for the preceding month (along with photographs).
The report will outline any issues/concerns/problems encountered (administrative,
technical, environmental, social or financial) and give recommendation on how these
problems may be overcome. Brief work progress summaries will be included for on-
going works and outlining problems encountered and recommending solutions. The
report should record the status of payment of contractor’s monthly certificates, of all
claims for cost or time extensions, and of action required of government and other
agencies to permit unconstrained works implementation.
v. All reports should be given in hard copy as well as MS office formats in soft copy.
Report should include the work plan in Microsoft Project (MSP) or equivalent
software. Actual work plan submitted by the Contractor during the tender and the
actual work done on site should be presented in Microsoft Project (MSP) or
equivalent software to the Client regularly showing the progress, delays / hurdles /
bottlenecks in the schemes.
vi. Quarterly Site Assessment Report: The Consultant shall submit a comprehensive
report summarizing all activities under the services at the end of each quarter, and
also at other times when considered warranted by the Employer because of delay of
the construction works of because of the occurrence of technical or contractual
difficulties. Such report shall summarize (i) the activities of the Consultant (ii) the
progress of the Contracts (iii) all contract variations and change orders (iv) the status
of Contractor’s claims, if any; etc. The report shall include brief descriptions of the
technical and contractual problems being encountered, physical and financial
progress in approved formats, financial status of the contracts as a whole consisting
the cost incurred, and cost forecast, and other relevant information for the on-going
contracts.
vii. Any other reports as required by the Client from time to time as instructed.
8. Facilities
8.1. The Consultants are required to quote their rates for other incidental expenses on monthly
basis for providing the following for their own use. The Consultant will have to maintain
separate office(s) as specified in Annexure 2. The offices will be fully equipped with
furniture, office equipment with computer, telephone, fax, electricity, water cooler, other
equipment necessary for site and required for executing the job, water supplies, vehicles
for office and field visits, office support staff, all traveling expenses of all personnel,
personnel, stationery required for regular office use, reporting, documentation, etc. The
Bidder shall give a monthly rate for the different offices as under, which will include all
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expenses detailed above. The details mentioned below is minimum what is required to be
deployed by the Consultant:
8.1.1. All office expenses for the offices as specified in Annexure 2.
8.1.2. Total number of minimum vehicles as specified in Annexure 2 inclusive of hire
charges, diesel/petrol, wages of driver, maintenance, etc.
[Link]. Four-Wheeler - Hard top jeep, Bolero, Scorpio, TUV 300 or equivalent
[Link]. Two-Wheeler - Motorcycle 100 cc or equivalent / above
8.1.3. Computers & laptops as required with minimum configuration as Intel Core i5, 4 GB
DDR RAM, 500 GB Hard Disk with internet/Wi-Fi connectivity, office furniture and
equipment etc. along with all latest compatible software as per requirement.
8.1.4. Any other incidental cost like survey equipment including the equipment required
during construction to regulate the quality of construction on hire basis.
8.1.5. The expenses for running the office which is to be included in the other incidental
expenses shall comprise to run the Consultant’s office items like desks, chairs,
computer table, cupboards, filing cabinet, meeting table with chairs, white boards, sofa
set, etc. Expenses of all consolidated items as assessed by Consultant on monthly basis
rate to be quoted.
8.1.6. The expenses for deployment of office equipment which is to be included in the other
incidental expenses shall comprise to run consultant’s office items includes plotter,
laser printer, photocopy machine, external CD writer, laptop, camera, SLR, generator,
refrigerator, etc. Expenses of all consolidated items on monthly basis to be quoted.
8.1.7. Office furniture purchase shall comprise to run the Consultant office items like desks,
chairs, computer table, cupboards, filing cabinet, meeting table with chairs, white
boards purchased by the Consultant. There will be no reimbursement of any office set
up cost or any cost except for those specified in the financial proposal.
8.1.8. The Consultant will have to maintain / provide vehicle as specified in Annexure 2.
Payment of vehicles will be made after submission of the logbook of vehicle. If vehicle
runs less/or in excess than prescribed limit, the payment will be deducted/made
additional accordingly with following rates for less/excess KM.
i. Four-wheeler vehicle - Rs. 15/ KM.
ii. Two-wheeler vehicle - Rs. 05/ KM.
The prescribed limit for the vehicles is as follows:
i. Four-wheeler vehicle – 2,500 km per month
ii. Two-wheeler vehicle – 1,000 km per month
8.2. The rental cost for all these items will be included in the financial proposal and shall be
considered for evaluation.
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8.3. The quality control laboratory for performing various types of tests shall have to be
arranged by the Contractor including the testing personnel. The supervision consultant
will perform all the required tests and supervise all the tests done by the contractors.
Financial cost for setting up of laboratory and equipment and testing need not made in
financial proposal.
8.4. Employer will provide to the consultants the copies of all the project reports including
design and drawings and relevant databases collected by the design consultants. One set
each of designs and drawings shall be maintained at Team Leader office and also at each
site office (resident engineer office).
9. Deficiencies in Services
Deficiencies in the services on part of Consultant may attract penal provisions in the form of
fines, up to a maximum amount of 10% of contract price and /or debarment, etc. The
deficiencies on part of Consultant may include the following but not be limited to:
a. Not acting impartially or acting in collusion with contractor in award of variation,
fixation of new rates, etc.
b. Not keeping proper records regarding quality control, inspection, rejection/rectification
of work, etc.
c. Failure to give proper and timely advice to Employer / contractor to enable correction
during execution.
d. Delay in design and withholding approvals, etc.
e. Recommending extension to the contractor with a view to extending duration of
supervision services.
f. Refusing to give reasons for decisions when called for by the Employer.
g. Not being fully conversant with manuals, specifications, standards, Employer’s
/Ministry’s guidelines and requirement of the project to be following during
construction.
h. Certifying substandard work for payment.
i. Not exercising required scrutiny non-approval of temporary stretch/works.
j. Lack of proper coordination with contractors and Employer’s representative to ensure
smooth implementation of projects.
k. Permitting subletting of any part/major works without authorization.
l. Delay in mobilization of required staff at any stage of the contract.
In case of any deficiency in services, a show-cause notice will be issued by the Client, providing
the Consultant with 15 days for a response / remedial action. In case the response / remedial
action is not satisfactory, penalty of 0.1% of contract value shall be imposed in accordance
with Clause 6.7 of GCC.
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MPJN will review the performance of the consultant half yearly through performance review
committee chaired by MD, MPJN along with following members:
i. Additional Managing Director, MPJN
ii. Project Director, MPJN
iii. Additional Project Director, MPJN
iv. Chief General Manager, MPJN
v. General Manager, PIU
vi. Team Leader, Project Management Consultancy (PMC)
In case the consultant’s work is found to be unsatisfactory consistently during two consecutive
performance review meetings, MD, MPJN has right to terminate the contract
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Annexure 1
Scheme Details - Narmada Gambhir
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Annexure 2
Scheme Details – Narmada-Gambhir MVS, District: Ujjain & Indore
Table 1: Consultants Team Composition and Staffing Schedule
No Position / Particulars No Duration (months)
A Full Time Deployment
1 Team Leader 1 27
2 Deputy Team Leader / Construction Manager 1 27
3 Water Supply Expert 1 27
4 Manager - Community Mobilization 1 27
5 Resident Engineer 1 27
6 Assistant Engineer (Civil) 4 27
7 Field Engineer (Civil) 6 27
8 Quality Control Engineer 1 27
9 Asst. Manager- Community Mobilization 1 27
10 Billing Assistant 1 27
11 Computer Operator 2 27
12 Office Manager 1 27
13 Office Boy 2 27
B Partial Deployment
14 Assistant Engineer (E &M) 1 6
15 Field Engineer (E &M) 1 6
* Office location can be anywhere within the scheme area and will be specified prior to
deployment.
Table 3: Transport / Vehicle
Total Duration
No. Name of office Type of Vehicle Quantity
(months)
1. TL Office Jeep 3 81
2. RE Office (1 Nos.) Jeep 5 135
3. RE Office (1 Nos.) Motorcycle 9 222
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Note:
1. Office location of Team Leader / Resident Engineer may be changed by GM, PIU.
2. At Team Leader office vehicle should be hard top Jeep, Bolero, Scorpio, TUV 300
or equivalent of 2018 or later model.
3. It is essential to have own mobile by each staff mentioned and payable as per
following provision: Maximum Rs. 1,000 for Team Leader and Rs. 500/- for
remaining Key Experts or actual whichever is less is reimbursed to firm in monthly
bill.
4. CV of the personnel excluding the Key Experts will be approved after interview by
General Manager of the respective PIU.
5. Tour program should be submitted for each month by Key Experts and not more
than 10% deviation will be allowed from submitted tour program.
6. If required, Client may instruct Consultant to undertake Supervision and Quality
Control (SQC) for additional schemes.
7. Manpower / deployment (man-months) of consultant may be increased / decreased
as per requirement of MPJN.
8. Deployment should be done as per requirement of MPJN. GM, PIU will intimate in
writing to consultant. Consultant should deploy personnel within a month
compulsorily.
9. Maximum working age shall be 60 years. Person completing age of 60 years will be
demobilized or deemed to be demobilized on the same day. However, in case of
satisfactory performance, MD, MPJN may extend the deployment by 6 months or
up to scheme completion period.
10. For the post of Assistant Engineer (Civil / E&M), Retired Assistant Engineers from
government service may be considered for the position, subject to approval of the
Client.
11. For the post of Field Engineer (Civil / E&M), Degree holder Engineers with less
than the minimum required experience may be allowed up to 25% of total number
of posts. Remuneration for these Field Engineers shall be paid at the rate of 75% of
rate quoted by the Consultants for Field Engineers. After these Field Engineers meet
the minimum experience requirement, they shall be paid at the rate quoted by the
Consultants for Field Engineers.
12. All the personnel of the Consultant deployed at RE Office / undertaking site visit
shall have a uniform dress code, as proposed by the Consultant and approved by the
Client.
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PART 3 – CONDITIONS OF CONTRACT
AND CONTRACT FORMS
Section VI: Form of Contract
This CONTRACT (hereinafter called the “Contract”) is made the [day] day of the month of
[month], [year], between, on the one hand, [name of Client] (hereinafter called the “Client”)
and, on the other hand, [name of Consultant] (hereinafter called the “Consultant”).
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting services as defined in
this Contract (hereinafter called the “Services”).
(b) the Consultant, having represented to the Client that it has the required professional skills,
expertise and technical resources, has agreed to provide the Services on the terms and
conditions set forth in this Contract.
1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:
(i) This Form of Contract.
(ii) The Special Conditions of Contract (SCC).
(iii) The General Conditions of Contract (GCC).
(iv) The following Appendices:
Appendix A : Description of Services
Appendix B : Consultant Personnel
Appendix C : Financial Proposal
Appendix D : Form of Performance Security
Appendix E : Acknowledgment of Compliance
In the event of any ambiguity or conflict between the documents listed above, the order
of precedence shall be the order in which the documents are listed in this Clause 1.
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth
in the Contract, in particular:
(a) the Consultant shall carry out the Services in accordance with the provisions of
the Contract; and
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(b) the Client shall make payments to the Consultant in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
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Section VII: General Conditions of Contract (GCC)
Table of Clauses
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1. GENERAL PROVISIONS
1.1. Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:
a) “Applicable Law” means the laws and any other instruments having the force of law in
India, as they may be issued and in force from time to time.
b) “Base Date” means the date 28 days prior to the latest date for submission of the
Proposal.
c) “Client” means Madhya Pradesh Jal Nigam.
d) “Consultant” means the firm, named as Consultant in the SCC.
e) “Contract” means the legally binding written agreement signed between the Client and
the Consultant and includes all the attached documents listed in paragraph 1 of the Form
of Contract (the General Conditions (GCC), the Special Conditions (SCC), and the
Appendices).
f) “Contract Price” means the amount stated in Clause SCC 6.1(a).
g) “Currency” means Indian National Rupee.
h) “day” means calendar day unless indicated otherwise.
i) “Effective Date” means the date on which this Contract comes into force and effect
pursuant to Clause GCC 2.1.
j) “Experts” means, collectively, Key Experts, Non-Key Experts, or any other
professional personnel of the Consultant assigned by the Consultant to perform the
Services or any part thereof under the Contract.
k) “GCC” means these General Conditions of Contract.
l) “Government” means the Government of Madhya Pradesh or Government of India, as
the case may be.
m) “Key Expert(s)” means an individual professional assigned by the Consultant to
perform the Services or any part thereof under the Contract, whose skills, qualifications,
knowledge and experience are critical to the performance of the Services under the
Contract.
n) “Non-Key Expert(s)” means an individual professional assigned by the Consultant to
perform the Services or any part thereof under the Contract.
o) “Party” means the Client or the Consultant, as the case may be, and “Parties” means
both of them.
p) “SCC” means the Special Conditions of Contract by which the GCC may be amended
or supplemented.
q) “Services” means the work to be performed by the Consultant pursuant to this Contract,
as described in Appendix A.
r) “Third Party” means any person or entity other than the Client or the Consultant.
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1.2. Relationship between the Parties
Nothing contained herein shall be construed as establishing a relationship of master and servant
or of principal and agent as between the Client and the Consultant. The Consultant, subject to
this Contract, has complete charge of Experts, if any, performing the Services and shall be fully
responsible for the Services performed by them or on their behalf hereunder.
1.4. Language
This Contract shall be executed in the language specified in the SCC, which shall be the binding
and controlling language for all matters relating to the meaning or interpretation of this
Contract.
1.5. Headings
The headings shall not limit, alter or affect the meaning of this Contract.
1.6. Communications
1.6.1. Any communication required or permitted to be given or made pursuant to this Contract
shall be in writing in the language specified in the SCC. Any such communication shall
be deemed to have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent to
such Party at the address specified in the SCC.
1.6.2. A Party may change its address for notice hereunder by giving the other Party any
communication of such change to the address specified in the SCC.
1.7. Location
The Services shall be performed at such locations as are specified in Appendix A and, where
the location of a particular task is not so specified, at such locations, as the Client may approve.
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shall be immediately removed and replaced by a suitable Expert in accordance with Clauses
GCC 4.4 and 4.5.
The Consultant is required to comply with Client's policy in regard to corrupt and fraudulent
practices as declared in Appendix E.
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2.6. Modifications
2.6.1. Modifications or Variations
a) Any modification or variation of the terms and conditions of this Contract, including
any modification or variation of the scope of the Services, may only be made by written
agreement between the Parties. However, each Party shall give due consideration to any
proposals for modification or variation made by the other Party.
2.6.2. Extension
If the Consultant has been delayed or impeded in the performance of any of its obligations
under this Contract by any of the reasons specified in paragraphs (a) through (f) of this Clause
GCC 2.6.2, the contract term as set forth in Clause GCC 2.4 shall be extended by such period
as shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or
impediment sustained by the Consultant, and an appropriate adjustment in the Contract Price
shall be made accordingly.
a) Any modifications or variations pursuant to Clause GCC 2.6.1;
b) Any occurrence of Force Majeure pursuant to Clause GCC 2.7;
c) Any suspension by the Client pursuant to Clause GCC 2.8.1(c);
d) Any unreasonable delay by the Client in giving his decision, approval or consent (where
required) to the documents (e.g. reports, plans, etc.) prepared and submitted by the
Consultant;
e) Any act or omission of or any default or breach of this Contract by the Client or any act or
omission of any other consultants and/or contractors employed by the Client; or
f) Any other matter mentioned in this Contract as giving rise to an entitlement to an extension
of the contract term.
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reasonably to be considered impossible in the circumstances, and subject to those
requirements, includes, but is not limited to, war, riots, terrorism, civil disorder,
earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes,
lockouts or other industrial action, confiscation or any other action by Government
agencies.
b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or such Party’s Experts or agents or employees, nor (ii) any
event which a diligent Party could reasonably have been expected both to take into
account at the time of the conclusion of this Contract, and avoid or overcome in the
carrying out of its obligations hereunder.
c) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.
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2.8. Suspension
2.8.1. Suspension by Client
a) The Client may, by written notice of suspension to the Consultant, suspend, in whole
or part, the Services and such suspension continues until the Client gives a written
permission or instruction to proceed.
b) The Client may suspend, in whole or part, the Services if an event shall have happened
and be continuing, in which the Consultant fails to perform any of its obligations under
this Contract, including the carrying out of the Services, provided that such notice of
suspension shall:
(i) specify the nature of the failure, and
(ii) request the Consultant to remedy such failure within a period not exceeding twenty-
eight (28) days after receipt by the Consultant of such notice of suspension.
c) If the Project or the Services are suspended by the Client for any reason other than those
provided in Clause GCC 2.8.1(b) more than twenty-eight (28) days, over the term of
this Contract, the Consultant shall be paid for all services performed prior to the receipt
of a notice of suspension.
d) During any suspension of the Services under Clause GCC 2.8.1 (c), the Consultant shall
be compensated for any costs of maintaining fixed assets, the costs of leases or other
items acquired for the Project, as well as all expenses reasonably incurred by, including
but not limited to, temporary demobilization, reassignment of the Experts. In addition,
upon resumption of the Services, the Client shall compensate the Consultant for
expenses incurred as a result of the resumption of its services, and the Consultant's
schedules (Expert and other relevant schedules) shall be appropriately adjusted.
2.9. Termination
This Contract may be terminated by either Party as per provisions set up below:
a) If the Consultant fails to remedy a failure in the performance of its obligations hereunder,
as specified in a notice of suspension pursuant to Clause GCC 2.8.1(b);
b) If the Consultant becomes (or, if the Consultant consists of more than one entity, if any of
its members becomes) insolvent or bankrupt or enter into any agreements with their
creditors for relief of debt or take advantage of any law for the benefit of debtors or go into
liquidation or receivership whether compulsory or voluntary.
c) If the Consultant fails to comply with any final decision reached as a result of arbitration
proceedings pursuant to Clause GCC 8;
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d) If, as the result of Force Majeure, either Party is unable to fulfil its contractual obligations
for a period of not less than fifty-six (56) days.
e) If the Consultant fails to confirm availability of Key Experts as required in Clause GCC
2.3 (b); and
f) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate this
Contract.
a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and
not subject to dispute pursuant to Clause GCC 8 within forty-two (42) days after
receiving written notice from the Consultant that such payment is overdue.
b) If, as the result of Force Majeure, either Party is unable to fulfil its contractual
obligations for a period of not less than fifty-six (56) days.
c) If the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause GCC 8;
d) If the Client is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-two (42) days (or such longer period as the Consultant
may have subsequently approved in writing) following the receipt by the Client of the
Consultant’s notice specifying such breach.
e) If the Services are suspended pursuant to Clause GCC 2.8.1(c) for more than eighty-
four (84) days; and
f) If the Client becomes bankrupt or insolvent, goes into liquidation, has a receiving or
administration order made against him, compounds with his creditors, or carries on
business under a receiver trustee or manager for the benefit of his creditors, or if any
act is done or event occurs which (under applicable Laws) has a similar effect to any of
these acts or events.
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notice, take all necessary steps to bring the Services to a close in a prompt and orderly manner
and shall make every reasonable effort to keep expenses for this purpose to a minimum. With
respect to equipment, vehicles and materials provided by the Client, the Consultant shall
proceed as provided by Clause GCC 3.10.
a) payments pursuant to Clause GCC 6.2 for Services satisfactorily performed prior to the
effective date of termination; and
b) in the case of termination pursuant to paragraphs (d) and (f) of Clause GCC 2.9.1 and
to GCC 2.9.2, reimbursement of any reasonable cost incidental to the prompt and
orderly termination of this Contract including demobilization, associated overhead cost,
the cost of the return travel of the Experts and their eligible dependents, and all other
expenses, damages and losses resulting from the termination.
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3.2. Conflict of Interest
The Consultant shall hold the Client’s interests paramount, without any consideration for future
work, and strictly avoid conflict with other assignments or their own corporate interests.
3.2.1. Consultant Not to Benefit from Commissions, Discounts, etc.
a) The payment to the Consultant pursuant to Clause GCC 6 shall constitute the
Consultant’s only payment in connection with this Contract and, subject to Clause GCC
3.2.2, the Consultant shall not accept for its own benefit any trade commission, discount
or similar payment in connection with activities pursuant to this Contract or in the
discharge of its obligations hereunder, and the Consultant shall use its best efforts to
ensure that the Experts and agents of either of them, similarly shall not receive any such
additional payment.
b) Furthermore, if the Consultant, as part of the Services, has the responsibility of advising
the Client on the procurement of goods, works or services, the Consultant shall at all
times exercise such responsibility in the best interest of the Client.
3.2.2. Consultant, and Affiliates Not to Engage in Certain Activities
The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant shall be disqualified from
providing goods, works or services or non-consulting services resulting from or directly
related to the Services for the preparation or implementation of the Project.
3.2.3. Prohibition of Conflicting Activities
The Consultant shall not engage and shall cause its Experts not to engage, either directly
or indirectly, in any business or professional activities that would conflict with the
activities assigned to them under this Contract.
3.2.4. Strict Duty to Disclose Conflicting Activities
The Consultant has an obligation and shall ensure that its Experts shall have an obligation
to disclose any situation of actual or potential conflict that impacts their capacity to serve
the best interest of their Client, or that may reasonably be perceived as having this effect.
Failure to disclose said situations may lead to the termination of the Contract.
3.3. Confidentiality
Except with the prior written consent of the Client, the Consultant and the Experts shall not at
any time communicate to any person or entity any confidential information acquired in the
course of the Services, nor shall the Consultant and the Experts make public the
recommendations formulated in the course of, or as a result of, the Services.
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c) The Consultant shall indemnify the Client from and against any and all claims,
liabilities, obligations, losses, damages, penalties, actions, judgment, suits,
proceedings, demands, costs, expenses and disbursements of whatsoever nature that
may be imposed on, incurred by or asserted against the Client during or in connection
with the Services by reason of: (i) infringement or alleged infringement by the
Consultant of any patent or other protected right; or (ii) plagiarism or alleged plagiarism
by the Consultant.
d) The Consultant shall ensure that all goods and services (including without limitation all
computer hardware, software and systems) procured by the Consultant or used by the
Consultant in the carrying out of the Services do not violate or infringe any industrial
property or intellectual property right or claim of any Third Party.
e) The Consultant shall indemnify, protect and defend at their own expense the Client, and
its agents and employees from and against any and all actions, claims, losses or
damages arising out of Consultant’s failure to exercise the skill and care required under
Clause GCC 3.1.1 provided, however:
(i) that the Consultant is notified of such actions, claims, losses or damages not later
than twelve (12) months after the expiration of the Contract pursuant to the Clause
GCC 2.4 or termination of the Contract pursuant to the Clause GCC 2.9;
(ii) that the ceiling on Consultant’s liability shall be limited to the amount indicated in
the SCC, except that such ceiling shall not apply to actions, claims, losses or
damages caused by Consultant’s gross negligence or reckless conduct;
(iii)that Consultant’s liability under Clause GCC 3.1.1 shall be limited to actions,
claims, losses or damages directly caused by such failure to exercise the said skill
and care, and shall not include liability for any actions, claims, losses or damages
arising out of occurrences incidental or indirectly consequential to such failure.
f) Upon request of the Client, the Consultant shall, at its own cost and expense, re-perform
the Services in the event of Consultant’s failure to exercise the skill and care required
under Clause GCC 3.1.1.
g) Notwithstanding the provisions of paragraph (a) of this Clause GCC 3.4, the Consultant
shall have no liability whatsoever for actions, claims, losses or damages occasioned by:
(i) the Client’s overriding a decision or recommendation of the Consultant or requiring
the Consultant to implement a decision or recommendation with which the
Consultant does not agree; or
(ii) the improper execution of the Consultant’s instructions by agents, employees or
independent contractors of the Client.
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3.6. Accounting, Inspection and Auditing
The Consultant (i) shall keep accurate and systematic accounts and records in respect of the
Services hereunder, in accordance with internationally accepted accounting principles and in
such form and detail as will clearly identify all relevant time changes and costs, and the bases
thereof, and (ii) shall periodically permit the Client or its designated representative, and up to
five years from the expiration or termination of this Contract, to inspect the same and make
copies thereof as well as to have them audited by auditors appointed by the Client, if so required
by the Client as the case may be.
3.7. Reporting
3.7.1. Reporting Obligations
The Consultant shall submit to the Client the reports and documents specified in Appendix A,
in the form, in the numbers and within the time periods set forth in the said Appendix.
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4. CONSULTANT’S EXPERTS
4.1. Description of Experts
a) The title, agreed job description and qualification of each of the Consultant’s Experts are
described in Consultant’s Proposal. Subject to Clause GC 4.4, all experts included in
Consultant’s Proposal shall be deemed to be accepted by the Client when awarding the
Contract to the Consultant.
b) Consultant shall ensure the all the personnel deployed by it including Key Experts meet the
qualification and eligibility requirements specified in Appendix B.
c) Contract Price shall be calculated based on the percentage quoted above / below the PAC.
Monthly remuneration shall be calculated based on monthly cost of respective resource
mentioned in the BoQ (Financial Proposal) and tender premium / discount.
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4.6. Working Hours & Leaves
4.6.1. Working Hours
Working hours and holidays for Consultants’ team are stated in the SCC.
4.6.2. Leaves
a) The Experts / Consultant personnel shall be entitled to take paid leaves (whether sick or
vacation), if so specifically provided in the Contract.
b) Any taking of leave by Key Experts / Consultant personnel shall be subject to the prior
approval by the Consultant who shall ensure that absence for leave purposes will not delay
the progress and/or impact adequate supervision of the Services.
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extension that it may be appropriate to grant to the Consultant for the performance of the
Services, (ii) the manner in which the Consultant shall procure any such services, facilities
and property from other sources, and (iii) the additional payments, if any, to be made by
the Client to the Consultant as a result thereof pursuant to Clause GCC 6.1(b).
6.2. Payments
a) All payments shall be based on the approved Financial Proposal of the Consultant.
b) The payment will be made on a monthly basis on submission of invoice in the formats to
be provided by Client. Contract Price shall be calculated based on the percentage quoted
above / below the PAC. Monthly remuneration shall be calculated based on monthly cost
of respective resource mentioned in the BoQ (Financial Proposal) and tender premium /
discount.
c) The laboratory tests / specialised tests which needs to be carried out in the opinion of
Consultant shall be carried out with prior approval of Client. The cost of these tests shall
be reimbursed by the Client at actuals along with monthly running bills.
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d) The costs towards travel expenses, boarding and lodging pertaining to visits undertaken
with prior approval of Client shall be reimbursed by the Client on production of bills with
the invoices. The class of travel and stay shall be as per latest applicable rules on the date
of travel as per entitlement for the respective Experts as specified in Appendix A.
e) The payments shall be deemed to cover all the costs that may be incurred by the Consultant
in providing the Services to the Client, including but not limited to the following:
(i) such salaries and allowances as the Consultant shall have agreed to pay to the Experts
as well as factors for social charges and overheads,
(ii) the cost of backstopping by home office staff not included in the Experts’ list; and
(iii) the Consultant’s fee.
f) Consultant shall deploy staff with the prescribed qualification & experience. Consultant
shall submit proof of payment (bank statement) periodically as specified in SCC.
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thereupon promptly make any necessary corrections, and thereafter the foregoing process
shall be repeated. Any amount that the Client has paid or caused to be paid in accordance
with this Clause GCC 6.5(d) in excess of the amounts actually payable in accordance with
the provisions of this Contract shall be reimbursed by the Consultant to the Client within
twenty-eight (28) days after receipt by the Consultant of notice thereof. Any such claim by
the Client for reimbursement must be made within twelve (12) calendar months after the
approval by the Client to the final report and the final invoice in accordance with the above.
d) All payments under this Contract shall be made to the accounts of the Consultant specified
in the SCC.
e) With the exception of the final payment under (c) above, payments do not constitute
acceptance of the Services nor relieve the Consultant of any obligations hereunder.
6.7. Penalty
a) All the penalty amounts, as mentioned throughout this Contract, shall be deducted from
Additional Performance Security submitted by the Consultant.
b) Upon occurrence of Consultant’s failure to meet any of its obligation under the terms
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of this Contract, the Client shall, without prejudice to its other rights and remedies
hereunder or in law, be entitled to encash and appropriate the relevant amounts from
the Additional Performance Security.
c) Upon any encashment and appropriation from the Performance Security due to any
reason whatsoever, the Consultant shall, within 30 (thirty) days thereof, replenish to its
original level the Performance Security failing which the Client shall be entitled to
terminate this Agreement in accordance with Clause 2.9 of GCC.
8. SETTLEMENT OF DISPUTES
8.1. Amicable Settlement
The Parties shall seek to resolve any dispute amicably by mutual consultation. If either Party
objects to any action or inaction of the other Party, the objecting Party may file a written Notice
of Dispute to the other Party providing in detail the basis of the dispute. The Party receiving
the Notice of Dispute will consider it and respond in writing within fourteen (14) days after
receipt. If that Party fails to respond within fourteen (14) days, or the dispute cannot be
amicably settled within fourteen (14) days following the response of that Party, Clause GCC
8.2 shall apply.
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e) Appeal against the order of the Appellate Authority can be referred before the Madhya
Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham Adhikaran
Adhiniyam, 1983.
f) The Consultant shall have to continue Services with due diligence notwithstanding
pendency of a dispute before any authority or forum.
9. JURISDICTION
The Contract has been entered into at Bhopal and its validity, construction, interpretation &
legal effects shall be subject to the exclusive jurisdiction of the courts of Madhya Pradesh. No
other jurisdiction shall be applicable.
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Section VIII. Special Conditions of Contract (SCC)
GCC Clause No. Amendments of, and Supplements to, GCC Clause
1.1(d) & 1.6 Consultant’s name and address: [insert Consultant’s name, address and
telephone number]
2.4.2 The time period may be extended based on mutual agreement in increments of
12 months subject to satisfactory performance. However, the overall contract
value shall be limited to maximum up to 2.0 time the initial / agreement
contract value or as decided by Managing Director, MPJN.
3.4 (e) (ii) The ceiling on Consultant’s liability shall be limited to the product of 1.0
multiplied by the Contract Price.
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GCC Clause No. Amendments of, and Supplements to, GCC Clause
4.6.1
1. Working Time 9 am to 6 pm
In a calendar year:
I. All Sundays / weekly off
II. Three (3) National Holidays (26th January,
2. Holidays 15th August and 2nd October)
III. Ten (10) other holidays as mutually
agreed upon between Consultant and
Client
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GCC Clause No. Amendments of, and Supplements to, GCC Clause
6.2 f) I. The time period for submission of bank statements shall be every three
(3) months.
Consultant has to incur the required expenses regularly to ensure that the
responsibilities assigned to it are completed according to the contract. MPJN
may ask proof /justification for the other incidental expenses at any time if
any discrepancy is observed during contract period.
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Section IX: Appendices
Appendix A – Description of Services
[This Appendix will include the final Terms of Reference based on Section V.]
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Appendix B – Consultant Personnel
[Insert a table based on Form TECH-5 of the Consultant’s Technical Proposal as finalized
prior to contract signing. Attach the CVs demonstrating the qualifications of Key Experts
(Form TECH-6 of the Consultant’s Technical Proposal) updated and signed by the respective
Key Experts.
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Appendix C – Financial Proposal
[This Appendix will include the Financial Proposal of the selected Consultant in accordance
with the approved BOQ as per Cover 3 of the submission.]
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Appendix D – Form of Performance Security
Beneficiary:
Managing Director
Madhya Pradesh Jal Nigam
8, Arera Hills, Bhopal- 462004
Date: __________________________________
We have been informed that [name of Consulting Firm, same as appears in the signed Contract]
(hereinafter called “the Consultants”) has entered into Contract No. [reference number of the
contract] dated [date] with you, for the provision of [Supervision and Quality Control (SQC)
Services for ______________ Scheme(s) in Madhya Pradesh] (hereinafter called “the Contract”).
Furthermore, it has been stipulated by you in the said Contract that the Consultants shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligations in accordance with the Contract.
AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf
of the Consultants up to a total of [amount of Guarantee] [amount of Guarantee in words], and
we undertake to pay you, upon your first written demand and without cavil or argument, any sum
or sums within the limits of [amount of Guarantee] [amount of Guarantee in words] as aforesaid
without your needing to prove or to show grounds or reasons for your demand for the sum
specified therein. We hereby waive the necessity of your demanding the said debt from the
Consultants before presenting us with the demand. We further agree that no change or addition to
or other modification of the terms of the Contract or of the services to be performed there under
or of any of the Contract documents which may be made between you and the Consultants shall
in any way release us from any liability under this Guarantee, and we hereby waive notice of any
such change, addition or modification. The liability of the Bank under this Guarantee shall not be
affected by any change in the constitution of the consultants or of the Bank. Notwithstanding
anything contained herein before, our liability under this Guarantee is restricted to [amount of
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Guarantee] [amount of Guarantee in words] and the Guarantee shall remain valid till [date of
expiry of Guarantee]. Unless a claim or a demand in writing is made upon us on or before [date
of expiry of Guarantee], all our liability under this Guarantee shall cease. This guarantee shall be
valid until 3 months from the date of completion of time period as per agreement.
Date
In presence of
1.
Signature
2.
Signature
Note: All italicized text is to assist in preparing this form and shall be deleted from the completed
form submitted to the Client.
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Appendix E – Acknowledgment of Compliance
[The completed Form TECH-7 in Section IV, Technical Proposal Forms is used for this
Appendix.]
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Disputes concerning contract termination or amendments are referred to dispute settlement procedures within a specified timeframe if there's a disagreement on a termination event. The contract remains active until resolved, ensuring that parties have a fair chance to address grievances and maintain project continuity without premature termination .
Coordination is managed through regular communication and meetings among contractors, consultants, and project stakeholders. The Consultant plays a key role in advising, issuing instructions, and approving various procedures and methodologies. The use of Project Implementation Units (PIUs) and regular inspections by the Consultant's team leader also aid in synchronizing efforts across different contractors and consultants .
The TOR is essential as it outlines the objectives, scope, activities, and timing of services, including the qualifications and responsibilities of key experts. It defines the expected deliverables and provides a comprehensive guide for both the client and consultant on duties and contractual obligations. Thus, it is central to ensuring a thorough evaluation of proposals and selecting the most appropriate consultant for the assignment .
The RFP stipulates that the consultant must provide professional, objective, and impartial advice, prioritizing the Client’s interests while avoiding conflicts with other assignments or corporate interests. Any potential or actual conflict must be disclosed, failing which may lead to disqualification or contract termination. This ensures that consultants act without considerations for future work, preventing any conflict between consulting activities and procurement of goods or services .
The Consultant is expected to provide various reports such as progress updates, structural and hydraulic evaluation reports, and participation in regular meetings. Documentation responsibilities include maintaining records of project execution, measurement verification, coordination works, and updating information on management systems. These ensure transparency, timely updates, and informed decisions regarding project progress and completion .
Safety measures and quality control are pivotal in construction supervision, ensuring adherence to safety plans, quality assurance systems, and environmental monitoring. The consultant is responsible for reviewing safety plans, checking materials and workmanship, and approving technical approaches to prevent accidents and ensure high standards in construction projects. This involves directing contractors on safety, reviewing construction methods, and ensuring compliance with relevant guidelines .
The contract imposes an obligation on the consultant to always act as a faithful advisor to the client, supporting and safeguarding the client’s legitimate interests in all dealings with third parties. It prohibits benefitting from any trade commissions or discounts not outlined in the contract, and disqualifies the consultant and its affiliates from engaging in activities that conflict with the services provided .
The consultant is tasked with performing duties to ensure that the contractor's work aligns with JJM, DDWS, MoJS, and CPHEEO guidelines. This includes verifying design parameters, supervising site work, scrutinizing contractor's programs, ensuring safety and environmental standards, and advising on the contractor's methodologies. Regular inspections and coordination with the Project Implementation Unit (PIU) and Third-Party Inspection Agencies (TPIA) are also mandated for maintaining quality .
Modifications or extensions of the contract can only be executed through written agreements between parties. If the Consultant experiences delays or impediments due to certain justified reasons such as client’s actions, force majeure, or approval delays, the contract provides for a fair extension of time and an adjustment in the contract price to account for the delay. This ensures flexibility while maintaining control and fairness in contract execution .
Pre-bid meetings are crucial for familiarizing consultants with local conditions affecting service execution. They offer an opportunity for prospective bidders to gain insights, clarify doubts, and adjust their proposals to reflect realistic assessments of local challenges. This ensures that submissions are well-informed and aligned with project needs, ultimately contributing to better project outcomes .