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NHPC LIMITED
(A GOVT. OF INDIA ENTERPRISE)

CIN: L40101HR1975GOI032564

REQUEST FOR PROPOSAL

FOR

CONSULTANCY SERVICES FOR DESIGN, ENGINEERING &


CONSTRUCTION MONITORING OF CONCRETE FACED ROCKFILL
DAM, PAKAL DUL HE PROJECT (1000 MW), J & K

Tender ID No.: NH/CCW/2018/PD-CFRD Consultancy

August 2018
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TABLE OF CONTENTS

Sl. Sections Description Page No.


No.
Part I

1 Section 1 Request for Proposal Letter 3-5


Instructions to Consultants (ITC) 6-24
2
Instructions to Consultants - Data Sheets 25-29
3 Section 2
Annexure 1 & 2 to Data Sheets 30-35
4
5 Technical Proposal – Forms 36-48
Section 3
(Form Tech 1 to Tech 6)
6 Financial Proposal – Forms 49-52
Section 4
(Fin 1 to Fin 2)
7 Section 5 Eligible Countries 53
8 Corrupt, Fraudulent, Collusive and Coercive 54-67
Section 6
Practices
9 Section 7 Terms of Reference 68-69
Part II
10 Section 8 Information to Consultants (IFC) 70-92
Part III
11 Form of Contract 99-100
12 Conditions of Contract 101-118
13 Attachment 1 - Corrupt, Fraudulent, Collusive and 119-120
Section 9 Coercive Practices
14 Special Conditions of Contract 121-127
15 Appendices (Appendix A, Appendix B, Appendix 128-135
C, Appendix D)
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PART I

Section 1. Request for Proposal Letter


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Request for Proposal Letter

Consulting Services

Name of Assignment: Consultancy Services for Design, Engineering & Construction


Monitoring of Concrete Faced Rockfill Dam, Pakal Dul HE Project (1000 MW), J & K
RFP Reference No.: NH/CCW/2018/PD-CFRD Consultancy
Country: INDIA
Date: 16/08/2018

To All Prospective Consultants,

Dear Sir / Madam,

1. M/s NHPC Limited on behalf of M/s Chenab Valley Power Projects (P) Limited
(hereinafter called Client) invites proposals to provide the following consulting services
(hereinafter called “Services”):
“Consultancy Services for Design, Engineering & Construction monitoring of
Concrete Faced Rockfill Dam, Pakal Dul HE Project (1000 MW), J & K”
More details on the Services are provided in the Terms of Reference (Section 7).
This Request for Proposals (RFP) is open for all the eligible Consultants.

2. A Consultant will be selected under Quality cum Cost Based Selection (QCBS)
procedures and in a Full Technical Proposal (FTP) format as described in this RFP The
RFP includes the following documents:
Section 1 – Request for Proposal Letter
Section 2 - Instructions to Consultants and Data Sheet
Section 3 - Technical Proposal (FTP - Forms)
Section 4 - Financial Proposal - Forms
Section 5 – Eligible Countries
Section 6 – Corrupt, Fraudulent, Collusive and Coercive Practices
Section 7 - Terms of Reference
Section 8 – Information to Consultants (IFC)
Section 9 - Forms of Contract (Time-Based )

3. Complete Request for Proposal (RFP) Document can be viewed / downloaded from the
website www.nhpcindia.com. Details on the proposal’s submission date, time and
address are provided in Instruction to Consultants (ITC) 16.7 and ITC 16.9.
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4. At any time prior to the deadline for submission of proposal, NHPC may amend the
Proposal Document by issuing corrigendum, which shall be notified on portal
www.nhpcindia.com only. Therefore, the prospective Consultants are advised to visit
the site regularly before deadline for submission of proposal.

Yours sincerely,

CC-I, Contract Division (Civil)


Chief Engineer (CC-I) 2nd Floor,
Contract Division (Civil), Jyoti Sadan,
NHPC Limited, Sector-33,
Faridabad,
Haryana-121003
Ph: +91-129-2588746,
e-mail: lkgupta@nhpc.nic.in
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Section 2. Instructions to Consultants and Data Sheet


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Section 2. Instructions to Consultants and Data Sheet

Instructions to Consultants
A. General Provisions
1. Definitions (a) “Affiliate(s)” means an individual or an entity that
directly or indirectly controls, is controlled by, or is
under common control with the Consultant.
(b) “Applicable Law” means the laws and any other
instruments having the force of law in the Client’s
country, or in such other country as may be specified in
the Data Sheet, as they may be issued and in force from
time to time.
(c) “Client, Chenab Valley Power Projects (P) Limited
(CVPPL)” means the implementing agency that signs
the Contract for the Services with the selected
Consultant.
(d) NHPC Limited, a Public Sector Enterprise of Govt. of
India, having its registered office at Faridabad,
Haryana, India is the Design Consultant of the Client
i.e. CVPPL for Pakal Dul HE Project, J&K, India
(hereinafter referred to as “Client’s Design
Consultant") and wishes to receive bids on behalf of
Client for the Consultancy Services, as described in this
Document.
(e) “Consultant” means a legally-established professional
consulting firm or an entity that may provide or
provides the Services to the Client under the Contract.
(f) “Contract” means a legally binding written agreement
signed between the Client and the Consultant and
includes all the attached documents listed in its Clause
1 (the General Conditions of Contract (GCC), the
Special Conditions of Contract (SCC), and the
Appendices).
(g) “Data Sheet” means an integral part of the Instructions
to Consultants (ITC) Section 2 that is used to reflect
specific country and assignment conditions to
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supplement, but not to over-write, the provisions of the


ITC.
(h) “Day” means a calendar day, unless otherwise specified
as “Business Day”. A Business Day is any day that is
an official working day of the Client. It excludes the
Client’s official public holidays.
(i) “Experts” means, collectively, Key Experts, Non-Key
Experts, or any other personnel of the Consultant, or
Joint Venture member(s).
(j) “Government” means the government of the Client’s
country.
(k) “in writing” means communicated in written form (e.g.
by mail, e-mail, fax,) with proof of receipt;
(l) “Joint Venture (JV)” means an association with or
without a legal personality distinct from that of its
members, of more than one Consultant where one
member has the authority to conduct all business for
and on behalf of any and all the members of the JV, and
where the members of the JV are jointly and severally
liable to the Client for the performance of the Contract.
(m) “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 CV is taken into account in the
technical evaluation of the Consultant’s proposal.
(n) “ITC” (this Section 2 of the RFP) means the Instructions
to Consultants that provides the prospective
Consultants with all basic information needed to
prepare their Proposals.
(o) “Non-Key Expert(s)” means an individual professional
provided by the Consultant and who is assigned to
perform the Services or any part thereof under the
Contract and whose CVs are not evaluated individually.
(p) “Proposal” means the Technical Proposal and the
Financial Proposal of the Consultant. The word
“Bid/Bidder” is synonymous with
“Proposal/Proposer”.
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(q) “RFP” means the Request for Proposals for the selection
of Consultants
(r) “Services” means the work to be performed by the
Consultant pursuant to the Contract.
(s) “Terms of Reference (TORs)” (this Section 7 of the RFP)
means the Terms of Reference that explains the
objectives, scope of work, activities, and tasks to be
performed, respective responsibilities of the Client and
the Consultant, and expected results and deliverables of
the assignment.
2. Introduction 2.1 NHPC / the Client named in the Data Sheet intends to
select a Consultant, in accordance with the method of
selection specified in the Data Sheet.
2.2 The eligible Consultants are invited to submit a Technical
Proposal and a Financial Proposal, as specified in the Data
Sheet, for consulting services required for the assignment
named in the Data Sheet. The Proposal will be the basis for
negotiating and ultimately signing the Contract with the
selected Consultant.
2.3 The Consultants should familiarize themselves with the
local conditions and take them into account in preparing
their Proposals.
2.4 The Client The inputs, relevant project data, and reports
required for the preparation of the Consultant’s Proposal
are specified in Section 8 (Information to Consultants).
3. Conflict of 3.1 The Consultant is required to provide professional,
Interest objective, and impartial advice, at all times holding the
Client’s interests paramount, strictly avoiding conflicts
with other assignments or its own corporate interests, and
acting without any consideration for future work.
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 .
3.2.1 Without limitation on the generality of the foregoing,
the Consultant shall not be hired under the
circumstances set forth below:
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a. Conflicting (i) Conflict between consulting activities and


Activities procurement of goods, works or non-consulting
services: a firm that has been engaged by the Client to
provide goods, works, 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, works, or non-
consulting services. Conversely, a firm 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 works or non-consulting services resulting
from or directly related to the consulting services for
such preparation or implementation.
b. Conflicting (ii) Conflict among consulting assignments: a Consultant
Assignments (including its Experts) or any of its Affiliates shall not
be hired for any assignment that, by its nature, may be
in conflict with another assignment of the Consultant
for the same or for another Client.
c. Conflicting (iii) Relationship with the Client’s staff: a Consultant
Relationships (including its Experts) that has a close business or
family relationship with a professional staff of NHPC
/ the Client, or of implementing agency who are
directly or indirectly involved in any part of (i) the
preparation of the Terms of Reference for the
assignment, (ii) the selection process for the Contract,
or (iii) the supervision of the Contract, may not be
awarded a Contract, unless the conflict stemming from
this relationship has been resolved in a manner
acceptable to the NHPC / Client throughout the
selection process and the execution of the Contract.
4. Corrupt, 4.1 It is expected from the Consultants that they will
Fraudulent, observe the highest standard of ethics during the bidding
Collusive and and currency of the contracts. In pursuance of this policy:
Coercive
Practices a) for the purposes of this provision, the terms set forth in
Section 6 and below shall mean as under:

i) "corrupt practice" means the offering, giving,


receiving or soliciting, directly or indirectly, of
anything of value to influence the action of a
public official in the procurement process or in
contract execution; and
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ii) "fraudulent practice" means a misrepresentation/


omission of facts in order to influence a
procurement process or the execution of a
contract.

iii) “Collusive practice” means a scheme or


arrangement between two or more bidders, with or
without the knowledge of the Client, designed to
establish bid prices at artificial, noncompetitive
levels; and

iv) “Coercive practice” means harming or threatening


to harm, directly or indirectly, person or their
property to influence their participation in a
procurement process, or affect the execution of a
contract.

b) A Proposal may be rejected by NHPC if it is


determined at any stage that the respective proposer has
engaged in corrupt, fraudulent, collusive and coercive
practices or default commitment under Integrity Pact as
mentioned above in competing for the contract in
question.

c) NHPC /Client may declare a firm ineligible, either


indefinitely or for a stated period of time, if it at any
time determines that the firm has engaged in corrupt or
fraudulent practices, Collusive and Coercive practices
or default commitment under Integrity Pact in
competing for, or in executing, a contract.

4.2 To improve transparency and fairness in the tendering


process NHPC is implementing Pre-Contract Integrity
Pact.

The Pre-Contract Integrity Pact, signed by all the


prospective Consultants and NHPC, shall commit the
persons/ officials of both the parties, not to exercise
any corrupt/ fraudulent/ collusive/ coercive practices
in the Tendering process. All Proposers shall enter
into an Integrity Pact (to be executed on plain paper)
with NHPC at the time of submission of their
Proposals. Only those Proposers who have entered
into Integrity Pact (as per Performa provided in
Section 6) shall be eligible to participate in the
bidding process.
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To oversee the compliance of obligation under the Integrity


Pact, Sh. Rajan Nair, Ex Chairman, Brahmputra Board
and Sh. Sudhir Krishna, IAS (Retd.) has been appointed
as Independent External Monitor (IEM) by the Employer.
The Contact address of IEM is as under:

Room No. 214,


NHPC Ltd.,
NHPC Office Complex,
Sector-33, Faridabad – 121003, India
5. Eligibility 5.1 NHPC /the Client permits consultants (individuals and
firms, including Joint Ventures and their individual
members) from all countries to offer consulting services.

5.2 Furthermore, it is the Consultant’s responsibility to ensure


that its Experts, joint venture members meet the eligibility
requirements.

5.3 As an exception to the foregoing ITC 5.1 and ITC 5.2 above:
a. Sanctions A Consultant that has been sanctioned by the any Govt
Organisation in Client’s Country , pursuant to the Anti-
Corruption Guidelines and in accordance with its prevailing
sanctions policies and procedures , shall be ineligible to be
shortlisted for, submit proposals for, or be awarded a
contract , during such period of time as have been
determined.
b. Prohibitions 5.3.1 Firms and individuals of a country or goods
manufactured in a country may be ineligible if so indicated
in Section 5 (Eligible Countries) and:
(a) as a matter of law or official regulations, NHPC / the
Client country prohibits commercial relations with
that country, provided that NHPC / the Client is
satisfied that such exclusion does not preclude
effective competition for the provision of Services
required
b. Restrictions 5.3.2 Government officials and civil servants of the
for Public Client’s country are not eligible to be included as
Employees Experts, individuals, or members of a team of Experts
in the Consultant’s Proposal unless:
(i) the services of the government official or civil
servant are of a unique and exceptional nature,
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or their participation is critical to project


implementation; and
(ii) their hiring would not create a conflict of
interest, including any conflict with
employment or other laws, regulations, or
policies of the Client .
c. Client 5.3.3 A firm that is under a sanction of debarment by the
Debarment NHPC or Client from being awarded a contract is not eligible
to participate in this procurement.

B. Preparation of Proposals
6. General 6.1 In preparing the Proposal, the Consultant is expected to
Considerations examine the RFP in detail. Material deficiencies in
providing the information requested in the RFP may result
in rejection of the Proposal.
7. Cost of 7.1 The Consultant shall bear all costs associated with the
Preparation of preparation and submission of its Proposal, and NHPC or the
Proposal Client shall not be responsible or liable for those costs,
regardless of the conduct or outcome of the selection
process. NHPC/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.
8. Language 8.1 The Proposal, as well as all correspondence and documents
relating to the Proposal exchanged between the Consultant,
NHPC and the Client, shall be written in the language(s)
specified in the Data Sheet.
9. Documents 9.1 The Proposal shall comprise the documents and forms
Comprising the listed in the Data Sheet.
Proposal
9.2 If specified in the Data Sheet, the Consultant shall include
a statement of an undertaking of the Consultant to observe,
in competing for and executing a contract, the Client
country’s laws against fraud and corruption (including
bribery).
9.3 The Consultant shall furnish information on commissions,
gratuities, and fees, if any, paid or to be paid to agents or
any other party relating to this Proposal and, if awarded,
Contract execution, as requested in the Financial Proposal
submission form (Section 4).
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10. Only One 10.1 The Consultant (including the individual members of any
Proposal Joint Venture) shall submit only one Proposal, either in its
own name or as part of a Joint Venture in another Proposal.
If a Consultant, including any Joint Venture member,
submits or participates in more than one proposal, all such
proposals shall be disqualified and rejected.
11. Proposal Validity 11.1 The Data Sheet indicates the period during which the
Consultant’s Proposal must remain valid after the Proposal
submission deadline.

11.2 During this period, the Consultant shall maintain its


original Proposal without any change, including the
availability of the Key Experts, the proposed rates and the
total price.

11.3 If it is established that any Key Expert nominated in the


Consultant’s Proposal was not available at the time of
Proposal submission or was included in the Proposal
without his/her confirmation, such Proposal shall be
disqualified and rejected for further evaluation and may be
subject to sanctions in accordance with ITC 4.

a. Extension of 11.4 The Client will make its best effort to complete the
Validity Period negotiations within the proposal’s validity period.
However, should the need arise, the Client may request, in
writing, all Consultants who submitted Proposals prior to
the submission deadline to extend the Proposals’ validity.

11.5 If the Consultant agrees to extend the validity of its


Proposal, it shall be done without any change in the original
Proposal and with the confirmation of the availability of the
Key Experts, except as provided in ITC 11.7.

11.6 The Consultant has the right to refuse to extend the validity
of its Proposal in which case such Proposal will not be
further evaluated.

b. Substitution of 11.7 If any of the Key Experts become unavailable for the
Key Experts at extended validity period, the Consultant shall seek to
Validity substitute another Key Expert. The Consultant shall provide
Extension a written adequate justification and evidence satisfactory to
the Client together with the substitution request. In such
case, a substitute Key Expert shall have equal or better
qualifications and experience than those of the originally
proposed Key Expert. The technical evaluation score,
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however, will remain to be based on the evaluation of the


CV of the original Key Expert.

11.8 If the Consultant fails to provide a substitute Key Expert


with equal or better qualifications, or if the provided
reasons for the replacement or justification are
unacceptable to the Client, such Proposal will be rejected
with the prior Bank’s no objection.

c. Sub- 11.9 The Consultant shall not subcontract the whole or any part
Contracting of the Services.
12. Clarification and 12.1 The Consultant may request a clarification of any part of
Amendment of the RFP during the period indicated in the Data Sheet
RFP before the Proposals’ submission deadline. Any request for
clarification must be sent in writing, or by standard
electronic means, to the address indicated in the Data
Sheet. NHPC/ will respond in writing, or by standard
electronic means, and will send written copies of the
response (including an explanation of the query but without
identifying its source) to all Applicants . Should the NHPC
deem it necessary to amend the RFP as a result of a
clarification, it shall do so following the procedure
described below:
12.1.1 At any time before the proposal submission
deadline, NHPC may amend the RFP by issuing an
amendment in writing or by standard electronic
means. The amendment shall be sent to all
Prospective Consultants and will be binding on
them. The Prospective Consultants shall
acknowledge receipt of all amendments in writing.
12.1.2 If the amendment is substantial, NHPC may extend
the proposal submission deadline to give the
prospective Consultants reasonable time to take an
amendment into account in their Proposals.
12.2 The Consultant may submit a modified Proposal or a
modification to any part of it at any time prior to the
proposal submission deadline. No modifications to the
Technical or Financial Proposal shall be accepted after the
deadline.
13. Preparation of 13.1 While preparing the Proposal, the Consultant must give
Proposals Specific particular attention to the following:
Considerations
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13.1.1 In the Data Sheet, the estimated Key


Experts’ time input (expressed in man- days) has
been indicated. This estimate is indicative and the
Proposal shall be based on the Consultant’s own
estimates for the same. The Consultant has the
freedom to propose his requirement of Man days
for the assignment and quote his rates accordingly.
14. Technical 14.1 The Technical Proposal shall be prepared using the Forms
Proposal Format provided in Section 3 of the RFP and shall comprise the
and Content documents listed in the Data Sheet. The Technical
Proposal shall not include any financial information. A
Technical Proposal containing material financial
information shall be declared non-responsive.
14.1.1 Consultant shall not propose alternative Key
Experts. Only one CV shall be submitted for each
Key Expert position. One Team member may be
in multiple role but he will not be considered for
more than 3 roles. e.g. CFRD Designer can also
be FEM specialist/construction specialist or
separate experts can be members of the team.
Similarly, Chief consultant can be construction
specialist also or CFRD designer. Failure to
comply with this requirement will make the
Proposal non-responsive.
14.2 Depending on the nature of the assignment, the Consultant
is required to submit a Full Technical Proposal (FTP) as
indicated in the Data Sheet and using the Forms provided
in Section 3 of the RFP.
15. Financial 15.1 The Financial Proposal shall be prepared and submitted
Proposal using the Forms provided in Section 4 of the RFP. It shall
list all costs associated with the assignment.
a. Price 15.2 As stated in the Data Sheet.
Adjustment
b. Taxes 15.3 Taxes, Duties and other levies in Client’s Country i.e.
India other than Indian Income Tax shall be borne by the
Client i.e. CVPPL. Taxes and Duties payable outside India
and Income Tax shall be borne by the Consultant.
Information on taxes in the Client’s country is provided in
the Data Sheet.
GST has been implemented by the Government of India
w.e.f. 01.07.2017. The Consultant, except for the supplies
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for the categories mentioned at Section 9(3) of GST Act,


shall submit GSTIN.
Taxes, duties, Income tax, and other impositions as may be
levied under the Applicable Law & regulations to be borne
by the Consultant, the amount of which is applicable as on
28 days prior to last date of submission of bid is deemed to
have been included in the Contract Price. However, change
in rates of existing tax or levy of New Tax applicable on
service of this contract announced after 28 days prior to
last date of submission of bid, shall be paid/ reimbursed by
the Client in addition to Contract price. The Client will
reimburse the same to the Consultant on production of
satisfactory proof of payment and other documentary
evidence.
c. Currency of 15.4 The Consultant may express the price for its Services in
Proposal the currency or currencies as stated in the Data Sheet. If
indicated in the Data Sheet, the portion of the price
representing local cost shall be stated in the national
currency.
d. Currency of 15.5 Payment under the Contract shall be made in the currency
Payment or currencies in which the payment is requested in the
Proposal.

C. Submission, Opening and Evaluation


16. Submission, 16.1 The Consultant shall submit a signed and complete
Sealing, and Proposal comprising the documents and forms in
Marking of accordance with ITC 9 (Documents Comprising Proposal).
Proposals Consultants shall mark as “CONFIDENTIAL” information
in their Proposals which is confidential to their business.
This may include proprietary information, trade secrets or
commercial or financially sensitive information. The
submission can be done by post or by hand.
16.2 An authorized representative of the Consultant shall sign
the original submission letters in the required format for
both the Technical Proposal and, if applicable, the
Financial Proposal and shall initial all pages of both. The
authorization shall be in the form of a written power of
attorney attached to the Technical Proposal.
16.2.1 A Proposal submitted by a Joint Venture shall be
signed by all members so as to be legally binding on all
members, or by an authorized representative who has a
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written power of attorney signed by each member’s


authorized representative.

16.3 Any modifications, revisions, interlineations, erasures, or


overwriting shall be valid only if they are signed or
initialed by the person signing the Proposal.
16.4 The signed Proposal shall be marked “ORIGINAL”, and its
copies marked “COPY” as appropriate. The number of
copies is indicated in the Data Sheet. All copies shall be
made from the signed original. If there are discrepancies
between the original and the copies, the original shall
prevail.
16.5 The original and all the copies of the Technical Proposal
shall be placed inside a sealed envelope clearly marked
“TECHNICAL PROPOSAL”, “[Consultancy Services for
Design, Engineering & Construction monitoring of
Concrete Faced Rockfill Dam, Pakal Dul HE Project (1000
MW), J & K]“, [NH/CCW/2018/PD-CFRD Consultancy],
[name and address of the Consultant], and with a warning
“DO NOT OPEN UNTIL [INSERT THE DATE AND THE TIME
OF THE TECHNICAL PROPOSAL SUBMISSION DEADLINE].”

16.6 Similarly, the original Financial Proposal (if required for


the applicable selection method) and its copies shall be
placed inside of a separate sealed envelope clearly marked
“FINANCIAL PROPOSAL” “[Consultancy Services for
Design, Engineering & Construction monitoring of
Concrete Faced Rockfill Dam, Pakal Dul HE Project (1000
MW), J & K]“, [NH/CCW/2018/PD-CFRD Consultancy],
[name and address of the Consultant], and with a warning
“DO NOT OPEN WITH THE TECHNICAL PROPOSAL.”
16.7 The sealed envelopes containing the Technical and
Financial Proposals shall be placed into one outer envelope
and sealed. This outer envelope shall be addressed to the
Client and bear the submission address, RFP reference
number, the name of the assignment, the Consultant’s
name and the address, and shall be clearly marked “Do Not
Open Before [insert the time and date of the submission
deadline indicated in the Data Sheet]”.
16.8 If the envelopes and packages with the Proposal are not
sealed and marked as required, the Client will assume no
responsibility for the misplacement, loss, or premature
opening of the Proposal.
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16.9 The Proposal or its modifications must be sent to the


address indicated in the Data Sheet and received by NHPC
no later than the deadline indicated in the Data Sheet, or
any extension to this deadline. Any Proposal or its
modification received by NHPC after the deadline shall be
declared late and rejected, and promptly returned
unopened.
17. Confidentiality 17.1 From the time the Proposals are opened to the time the
Contract is awarded, the Consultant should not contact
NHPC /the Client on any matter related to its Technical
and/or Financial Proposal. Information relating to the
evaluation of Proposals and award recommendations shall
not be disclosed to the Consultants who submitted the
Proposals or to any other party not officially concerned
with the process, until the Notification of Intention to
Award the Contract. Exceptions to this ITC are where the
NHPC notifies Consultants of the results of the evaluation
of the Technical Proposals.
17.2 Any attempt by prospective Consultants or anyone on
behalf of the Consultant to influence improperly NHPC/the
Client in the evaluation of the Proposals or Contract award
decisions may result in the rejection of its Proposal and
may be subject to the application of prevailing NHPC /
Client’s sanctions procedures.
17.3 Notwithstanding the above provisions, from the time of the
Proposals’ opening to the time of Contract award, if a
Consultant wishes to contact NHPC on any matter related
to the selection process, it shall do so only in writing.
18. Opening of 18.1 NHPC’s tender opening committee shall conduct the
Technical opening of the Technical Proposals in the presence of the
Proposals prospective Consultants’ authorized representatives who
choose to attend (in person,). The opening date, time and
the address are stated in the Data Sheet. The envelopes
with the Financial Proposal shall remain sealed and shall
be securely stored until they are opened in accordance with
ITC 21.
18.2 At the opening of the Technical Proposals the following
shall be read out: (i) the name and the country of the
Consultant or, in case of a Joint Venture, the name of the
Joint Venture, the name of the lead member and the names
and the countries of all members; (ii) the presence or
absence of a duly sealed envelope with the Financial
Proposal; (iii) any modifications to the Proposal submitted
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prior to proposal submission deadline; and (iv) any other


information deemed appropriate.
19. Proposals 19.1 Subject to provision of ITC 14.1, the evaluators of the
Evaluation Technical Proposals shall have no access to the Financial
Proposals until the technical evaluation is concluded.
19.2 The Consultant is not permitted to alter or modify its
Proposal in any way after the proposal submission deadline
except as permitted under ITC 11.7. While evaluating the
Proposals, NHPC will conduct the evaluation solely on the
basis of the submitted Technical and Financial Proposals.
20. Evaluation of 20.1 NHPC’s evaluation committee shall evaluate the Technical
Technical Proposals on the basis of their responsiveness to the Terms
Proposals of Reference and the RFP, applying the evaluation criteria,
sub-criteria, and point system specified in the Data Sheet.
Each responsive Proposal will be given a technical score.
A Proposal shall be rejected at this stage if it does not
respond to important aspects of the RFP or if it fails to
achieve the minimum technical score indicated in the Data
Sheet.
21. Public Opening 21.1 After the technical evaluation is completed, NHPC shall
of Financial notify those Consultants whose Proposals were considered
Proposals (for non-responsive to the RFP and TOR or did not meet the
QCBS,) minimum qualifying technical score, advising them the
following:
(i) their Proposal was not responsive to the RFP and
TOR or did not meet the minimum qualifying
technical score;
(ii) their Financial Proposals will be returned unopened
after completing the selection process;
21.2 NHPC shall simultaneously notify in writing those
Consultants whose Proposals were considered responsive
to the RFP and TOR, and that have achieved the minimum
qualifying technical score, advising them the following:
(i) their Proposal was responsive to the RFP and TOR
and met the minimum qualifying technical score;
(ii) provide information relating to the Consultant’s
overall technical score, as well as scores obtained
for each criterion and sub-criterion;
21

(iii) their Financial Proposal will be opened at the


public opening of Financial Proposals; and
(iv) notify them of the date, time and location of the
public opening and invite them for the opening of
the Financial Proposals.
21.3 The opening date should allow the Consultants sufficient
time to make arrangements for attending the opening and
shall be no less than seven (7) Business Days from the date
of notification of the results of the technical evaluation,
described in ITC 21.1 and 21.2.
21.4 The Consultant’s attendance at the opening of the Financial
Proposals (in person, as indicated in the Data Sheet) is
optional and is at the Consultant’s choice and cost.
21.5 The Financial Proposals shall be opened publicly by the
NHPC’s tender opening committee in the presence of the
representatives of the Consultants, whose proposals are
technically responsive... At the opening, the names of the
Consultants, and the overall technical scores, including the
break-down by criterion, shall be read aloud. The Financial
Proposals will then be inspected to confirm that they have
remained sealed and unopened. These Financial Proposals
shall be then opened, and the total prices read aloud and
recorded.
22. Correction of 22.1 Activities and items described in the Technical Proposal
Errors but not priced in the Financial Proposal, shall be assumed
to be included in the prices of other activities or items, and
no corrections are made to the Financial Proposal.
a. Time-Based 22.1.1 If a Time-Based contract form is included in the RFP, the
Contracts evaluation committee will (a) correct any computational or
arithmetical errors, and (b) adjust the prices if they fail to
reflect all inputs included for the respective activities or
items included in the Technical Proposal. In case of
discrepancy between (i) a partial amount (sub-total) and
the total amount, or (ii) between the amount derived by
multiplication of unit price with quantity and the total
price, or (iii) between words and figures, the former will
prevail. In case of discrepancy between the Technical and
Financial Proposals in indicating quantities of input, the
Technical Proposal prevails and the evaluation committee
shall correct the quantification indicated in the Financial
Proposal so as to make it consistent with that indicated in
the Technical Proposal, apply the relevant unit price
22

included in the Financial Proposal to the corrected


quantity, and correct the total Proposal cost.
23. Taxes 23.1 The evaluation of the Consultant’s Financial Proposal
shall exclude taxes and duties in the Client’s country in
accordance with the instructions in the Data Sheet.

24. Conversion to 24.1 For the evaluation purposes, prices shall be converted to a
Single Currency single currency using the selling rates of exchange, source
and date indicated in the Data Sheet.
25. Combined
Quality and Cost
Evaluation
a. Quality and 25.1 In the case of QCBS, the total score is calculated by
Cost-Based weighting the technical and financial scores and adding
Selection (QCBS) them as per the formula and instructions in the Data Sheet.
The Consultant with the Most Advantageous Proposal,
which is the Proposal that achieves the highest combined
technical and financial scores, will be invited for
negotiations, if required.
25.2 In case two or more Consultants have scored same highest
Final Score, Consultant securing the highest Technical
Score will be adjudicated as the best for award of work.

D. Contract Negotiations and Award


26. Contract 26.1 The Contract negotiations will be held at the date and
Negotiations address indicated in the Data Sheet with the Consultant’s
representative(s) who must have written power of attorney
to negotiate and sign a Contract on behalf of the
Consultant.
26.2 NHPC shall prepare minutes of Contract negotiations that
are signed by the Client and the Consultant’s authorized
representative.
a. Availability of 26.3 The invited Consultant shall confirm the availability of all
Key Experts Key Experts included in the Proposal as a pre-requisite to
the negotiations, or, if applicable, a replacement in
accordance with ITC 11. Failure to confirm the Key
Experts’ availability may result in the rejection of the
Consultant’s Proposal.
26.4 Notwithstanding the above, the substitution of Key Experts
at the negotiations may be considered if due solely to
23

circumstances outside the reasonable control of and not


foreseeable by the Consultant, including but not limited to
death or medical incapacity. In such case, the Consultant
shall offer a substitute Key Expert within the period of time
specified in the letter of invitation to negotiate the Contract,
who shall have equivalent or better qualifications and
experience than the original candidate.
b. Technical 26.5 The negotiations include discussions of the Terms of
Negotiations Reference (TORs), the proposed methodology, NHPC /the
Client’s inputs, the special conditions of the Contract, and
finalizing the “Description of Services” part of the
Contract. These discussions shall not substantially alter the
original scope of services under the TOR or the terms of
the contract, lest the quality of the final product, its price,
or the relevance of the initial evaluation be affected.
c. Financial 26.6 The negotiations include the clarification of the
Negotiations Consultant’s tax liability in the Client’s country and how it
should be reflected in the Contract.
26.7 In the case of a Time-Based contract, unit rates
negotiations shall not take place, except when the offered
Key Experts remuneration rates are much higher than the
typically charged rates by consultants in similar contracts.
In such case, NHPC may ask for clarifications and, if the
fees are very high, ask to change the rates.
27. Conclusion of 27.1 The negotiations are concluded with a review of the
Negotiations finalized draft Contract, which then shall be initialed by
NHPC/the Client and the Consultant’s authorized
representative.
27.2 If the negotiations fail, NHPC / the Client shall inform the
Consultant in writing of all pending issues and
disagreements and provide a final opportunity to the
Consultant to respond. If disagreement persists, NHPC /
the Client shall terminate the negotiations informing the
Consultant of the reasons for doing so.
28. Notification of 28.1 Prior to expiration of the period of Bid validity prescribed,
Award NHPC / the Client will notify the successful Consultant by
email, fax and confirmed by registered letter or courier that
its proposal has been accepted. This letter (hereinafter and
in the Conditions of the Contract) shall be called the “Letter
of Acceptance”.
24

28.2 The notification of award (Letter of Acceptance) will


constitute the formation of the contract until the contract has
been effected pursuant to clause 29 hereunder.

28.3 The unsuccessful bidders shall also be informed


simultaneously about their status of Bids.
29. Signing of 29.1 The Contract shall be signed promptly upon Notification of
Agreement Award between the successful Consultant and the Client.

29.2 The Consultant is expected to commence the assignment on


the date and at the location specified in the Data Sheet.
30. Performance 30.1Within 28 days from the date of issue of Letter of
Security Acceptance, the successful Consultant shall furnish a
Performance security deposit as specified in the Data Sheet.
25

Section 2. Instructions to Consultants

E. Data Sheet

ITC
Reference A. General

1 (b) INDIA

2.1 Name of the Client: CHENAB VALLEY POWER PROJECTS (P)


LIMITED
Method of selection: Quality cum Cost Based Selection (QCBS)

2.2 Financial Proposal to be submitted together with Technical Proposal:


Yes √ No X
The name of the assignment is: Consultancy Services for Design,
Engineering & Construction Monitoring of Concrete Faced Rockfill
Dam, Pakal Dul HE Project (1000 MW), J & K

B. Preparation of Proposals

8.1 This RFP has been issued in the ENGLISH language.


Proposals shall be submitted in ENGLISH language.
All correspondence exchange shall be in ENGLISH language. If certain
documents such as experience certificate are in other from English language,
English translation shall also be submitted.

9.1 The Proposal shall comprise the following:


For FULL TECHNICAL PROPOSAL (FTP):
1st Inner Envelope with the Technical Proposal:
(1) Power of Attorney to sign the Proposal
(2) TECH-1
(3) TECH-2
(4) TECH-3
(5) TECH-4
(6) TECH-5
(7) TECH-6
26

AND
2nd Inner Envelope with the Financial Proposal (if applicable):
(1) FIN-1
(2) FIN-2
(3) Statement of Undertaking (if required under Data Sheet 9.2 below)

9.2 Statement of Undertaking is required


Yes √, or No X
[If Yes, make sure to include paragraph (e) in Form TECH-1]

10.1 Participation of, Key Experts in more than one Proposal is permissible
Yes X or No √

11.1 Proposals must remain valid for 120 days after the proposal submission
deadline.

12.1 Clarifications may be requested no later than 30 days prior to the


submission deadline.
The contact information for requesting clarifications is: Chief Engineer
(Civil), CC-I, Contracts Division (Civil), 2nd Floor, Jyoti Sadan, NHPC
Limited, NHPC Office Complex, Sector-33, Faridabad, Haryana-121003.
E-mail: lkgupta@nhpc.nic.in

13.1.1 Estimated input of Key Experts’ time-input: 184 Man days


[100 mandays in Home country and 84 mandays (7 Trips x 2 nos. x 6 days)
for services in India].

14.2 The format of the Technical Proposal to be submitted is:


FTP
Submission of the Technical Proposal in a wrong format may lead to the
Proposal being deemed non-responsive to the RFP requirements.

15.2 The prices shall remain firm till completion of the Services.

15.3 [If there is no tax exemption in the Client’s country, insert the following:
“Information on the Consultant’s tax obligations in the Client’s country
i.e. India can be found at https://www.incometaxindia.gov.in/
27

15.4 The Financial Proposal shall be stated in the following currencies:


Consultant may express the price for their Services in any fully convertible
currency, singly or in combination of up to two foreign currencies and INR.

C. Submission, Opening and Evaluation

16.4 The Consultant must submit:


(a) Technical Proposal: one (1) original and Three (3) copies;
(b) Financial Proposal: one (1) original and two (2) copy.

16.7 and The Proposals must be submitted no later than:


16.9 Date: 01/10/2018
Time: 1500 Hrs IST

The Proposal submission address is: Room No- 216, Contracts Division
(Civil), 2nd Floor, Jyoti Sadan, NHPC Limited, NHPC Office Complex,
Sector-33, Faridabad, Haryana-121003

18.1 The opening shall take place at: Room No- 216, Contracts Division
(Civil), 2nd Floor, Jyoti Sadan, NHPC Limited, NHPC Office Complex,
Sector-33, Faridabad, Haryana-121003
Date: same as the submission deadline indicated in 16.7.
Time: 1530 HRS IST

20.1 Criteria, sub-criteria, and point system for the evaluation of the Full Technical
Proposals: - Enclosed as Annexure 1 to this Data Sheet.
(for FTP)
Total points for the criteria: 100
The minimum technical score (St) required to pass is: 50

Public Opening of Financial Proposals

Following the completion of the evaluation of the Technical Proposals, the


21.5
Client will notify all Consultants of the location, date and time of the public
opening of Financial Proposals.

23.1 For the purpose of the evaluation, the Client will exclude: (a) all local
identifiable indirect taxes such as GST, or similar taxes levied on the
contract’s invoices; and (b) all additional local indirect tax on the
remuneration of services rendered by non-resident experts in the Client’s
country. If a Contract is awarded, at Contract negotiations, all such taxes will
28

be discussed, finalized (using the itemized list as a guidance but not limiting
to it), also indicating which taxes shall be paid by the Consultant and which
taxes are withheld and paid by the Client on behalf of the Consultant.

24.1 The single currency for the conversion of all prices expressed in various
currencies into a single one is: INR
The official source of the TT selling (exchange) rate is: State Bank of
India, Main Branch, Sansad Marg, New Delhi -110001.
The date of the exchange rate is: Due Date of submission of Proposal.

25.1 The lowest evaluated Financial Proposal (Fm) is given the maximum
financial score (Sf) of 100.
(QCBS
only) The formula for determining the financial scores (Sf) of all other
Proposals is calculated as following:
Sf = 100 x Fm/ F, in which “Sf” is the financial score, “Fm” is the lowest
price, and “F” the price of the proposal under consideration.
The weights given to the Technical (T) and Financial (P) Proposals are:
T = 70 and
P = 30
Proposals are ranked according to their combined technical (St) and financial
(Sf) scores using the weights (T = the weight given to the Technical Proposal;
P = the weight given to the Financial Proposal; T + P = 1) as following: S =
St x T% + Sf x P%.
An illustration of QCBS method for selection of Consultant is attached to this
Data Sheet as Annexure 2.

D. Contract Negotiations and Award

26.1 Expected date and address for contract negotiations:


Date: shall be intimated at a later date
Address: Room No – 216, Contracts Division (Civil), 2nd Floor, Jyoti Sadan,
NHPC Limited, NHPC Office Complex, Sector-33, Faridabad, Haryana-
121003.

29.2 Expected date for the commencement of the Services:


Date: Five months from date of Request of Proposal
at: (1) Consultant’s Home Country and (2) Client’s Country
29

Performance security deposit of 5% (five percent) of the Ceiling Amount for


30
due performance of Contract, in the form of a Bank Guarantee from an Indian
Nationalized/ Scheduled Bank of India or a foreign bank through its branch
located in India acceptable to Client in the prescribed proforma provided in
Appendix D.
30

Annexure 1
(i) General Experience
The consultant /consulting firms should have been involved in ‘Design and
Engineering of at least one CFRD of 83 m height during last 7 years. The period
of 7 years shall be considered from the date of invitation of proposals.

(ii) Specific Technical Experience


The consultant/consulting firms should have experience in ‘Design, Engineering
and involvement during construction’ of a completed Concrete Faced Rockfill
Dam(s) in terms of height and Rockfill volume in past 20 years as under. The
period of 20 years shall be considered from the date of invitation of proposals.

a) Minimum Height of CFRD - 100 m


b) Minimum Quantity of Rock fill in one CFRD - 50 Lakhs Cum
c) Consultant /Consulting firms should have provided Consultancy Services of
minimum value of 0.40 Million US $ in a single ongoing/completed CFRD
Consultancy assignment during the last ten years.

Note: the experience of height, Rockfill volume of CFRD Dam can be from
different Projects.

(iii) Selection criteria of the expert(s) Consultant /Consulting firms shall be as per
qualitative criterion to Technical requirement, which is based on overall
suitability and experience to carry out the proposed consultancy work. The
Technical criteria for Quality of Consultants shall be worked out as per the details
given in Table below and score assigned as Technical Score (St).

The following technical criteria will be the basis of marks to be assigned to the
expert(s) Consultant /Consulting firms based on Technical experiences. The
minimum eligible Technical Score is 50.

Selection Criteria for Quality of Consultant

Sl. Parameters Maximum


No. Marks
1 Experience of Design, Engineering & involvement during
construction of Concrete faced Rock fill Dam (CFRD) in
Numbers of Dams of Height more than 100m (More the
numbers of dams, More marks) 30
Number of CFRD 4 or more : 30 Marks
Number of CFRD 3 : 27 Marks
Number of CFRD 2 : 21 Marks
Number of CFRD 1 : 15 Marks
2 Experience of Design, Engineering & involvement during
construction of maximum height of Concrete faced Rockfill 30
Dam (CFRD). (Higher the CFRD, more marks)
For Height > 167 m : 30 Marks
31

Sl. Parameters Maximum


No. Marks
For Height >150 m to 167 m : 27 Marks
For Height >125 m to 150 m : 21 Marks
For Height >100 m to 125 m : 15 Marks
3 Experience of Design, Engineering & involvement during
construction of Concrete faced Rockfill Dam (CFRD) of
Rockfill Quantity More than 50 Lacs Cum. (Maximum
Volume of single CFRD) 16
(More the Volume of single CFRD, More marks)
For Volume > 7.5 MCUM : 16 Marks
For Volume > 6.75 MCUM to 7.5 MCUM : 14 Marks
For Volume > 5.62 MCUM to 6.75 MCUM : 12 Marks
For Volume > 5 MCUM to 5.62 MCUM :8 Marks
4 Team composition proposed - Qualification, experience in the 16
relevant field (Chief Consultant, CFRD Designer, Geo-tech
specialist, FEM specialist, CFRD construction specialist).

Team Minimum Experience Maximum


Member* Qualification Marks
in the
relevant field
Chief > 15 years : 4 4
Consultant marks
10 - 15 years: 2
marks
< 10 years : No
Post marks
CFRD Graduate > 15 years : 3 3
Designer marks
10 - 15 years:
1.5 marks
< 10 years : No
marks
Geo-tech > 15 years : 3 3
specialist marks
10 - 15 years:
1.5 marks
< 10 years : No
marks
FEM > 15 years : 3
specialist 3marks
10 - 15 years:
1.5 marks
32

Sl. Parameters Maximum


No. Marks
< 10 years : No
marks

CFRD Graduate > 15 years : 3 3


Construction marks
Specialist 10 - 15 years:
1.5 marks
< 10 years : No
marks
* One Team member may be in multiple role but he will not be
considered for more than 3 roles. e.g. CFRD Designer can
also be FEM specialist/construction specialist or separate
experts can be members of the team. Similarly, Chief
consultant can be construction specialist also or CFRD
designer.
5. Consultant’s Organization’s Experience for providing 8
Consultancy Services of amount more than 0.40 MUS$ in a
single ongoing/completed CFRD Consultancy assignment
during the last ten years. **
Assignment Value completed > 0.60 Million US $ : 8 marks
Assignment Value completed > 0.50 Million US $ to 0.60
Million US $ : 6 marks
Assignment Value completed ≥ 0.40 Million US $ to 0.50
Million US $ : 4 marks
Assignment Value completed < 0.40 Million US $ : No marks

** Consultant / Consulting firm has to submit relevant


documentary evidence such as copy of LOA, experience
certificate etc. to establish having executed the consultancy
assignment of the requisite value.
33

Annexure 2

Details of QCBS Method for selection of Consultant

• Selection criteria of the expert(s) Consultant /Consulting firms shall be as per qualitative
criterion to Technical requirement, which is based on overall suitability and experience
to carry out the proposed consultancy work. The technical criteria will be the basis of
marks to be assigned to the expert(s) Consultant /Consulting firms based on Technical
experiences. The minimum eligible Technical Score is 50.

The Technical criteria for Quality of Consultants shall be worked out as per the details
given in Table and score assigned as Technical Score ( St) as per Table 1.

• The lowest Financial Proposal (LFB= Fm) will be given a financial score (Sf) of 100
points. The financial scores (Sf) of the other Financial Proposals (F) will be determined
using the following formula:

Sf = 100 x Fm / F; Where Sf is the financial score, Fm is the lowest Financial Proposal


and F is the Financial Proposal in equivalent INR under consideration. Proposals will
finally be ranked in accordance with their combined technical (St) and financial (Sf)
scores:

• S = St x 0.7 + Sf x 0.3; where S is the combined score, considering weightages assigned


to Technical criteria and Financial Proposal as 70:30.

• The Applicant achieving the highest combined technical and financial score will be
considered as successful Applicant and will be awarded the Consultancy Work.

Table-1:- Technical marks obtained (illustration)

Proposer details Technical marks obtained

Proposer 1 92

Proposer2 85

Proposer3 45 (Not qualified)

Proposer 4 75

* Minimum Eligible Technical score = 50


34

Table-2 :- FINANCIAL PROPOSAL DETAIL ( illustration)

Proposer details Financial Proposal Amount

Proposer 1 X

Proposer 2 Y

Proposer3 45 (Not qualified)

Proposer 4 Z

Table-3 :- Conversion of Financial Proposal amount to Score ( illustration)

Proposer details Financial Proposal Financial Score


Amount (LFB/F)*100

Proposer 1 X Z/X*100 assume =75%

Proposer 2 Y Z/Y*100 assume =85%

Proposer 4 Z (LFB) Z/Z*100=100

Table-4 :- Consolidated Technical & Financial Score (St &Sf) (illustration)

Proposer Technical Score(St) Financial Score(Sf)


details

Proposer 1 92 75%

Proposer 2 85 85%

Proposer 4 75 100%
35

Table-5: Combined Technical & Financial Score (CTFS) with


Weightage 70:30 (illustration)

Proposer Applying weight for technical CTFS Rank of


details score & Financial score Proposer

Proposer 1 92*(70/100)+75*(30/100) 86.9% L1

Proposer 2 85*(70/100)+85*(30/100) 85.0% L2

Proposer 4 75*(70/100)+100*(30/100) 82.5 % L3


36

Section 3. Technical Proposal –Forms


{Notes to Consultant shown in brackets { } throughout Section 3 provide guidance to the
Consultant to prepare the Technical Proposal; they should not appear on the Proposals to
be submitted.}

CHECKLIST OF REQUIRED FORMS

Required for
Page Limit
FTP FORM DESCRIPTION

FTP
 TECH-1 Technical Proposal Submission Form.
TECH-1 If the Proposal is submitted by a joint venture,
 If
Attachment attach a letter of intent or a copy of an existing
applicable
agreement.
Power of No pre-set format/form. In the case of a Joint
Attorney Venture, several are required: a power of
 If attorney for the authorized representative of each
applicable JV member, and a power of attorney for the
representative of the lead member to represent all
JV members
TECH-2 Consultant’s Organization and Experience.

 TECH-2A A. Consultant’s Organization


TECH-2B B. Consultant’s Experience

TECH-3 Comments or Suggestions on the Terms of


 Reference and on Counterpart Staff and
Facilities to be provided by the Client.
 TECH-3A A. On the Terms of Reference
 TECH-3B B. On the Counterpart Staff and Facilities
TECH-4 Description of the Approach, Methodology, and

Work Plan for Performing the Assignment
 TECH-5 Work Schedule and Planning for Deliverables
TECH-6 Team Composition, Key Experts Inputs, and

attached Curriculum Vitae (CV)

All pages of the original Technical and Financial Proposal shall be initialed by the
same authorized representative of the Consultant who signs the Proposal.
37

Form TECH-1

T ECHNICAL P ROPOSAL SUBMISSION F ORM

{Location, Date}

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposals (RFP) dated [Insert Date] and
our Proposal. [Select appropriate wording depending on the selection method stated in the
RFP: “We are hereby submitting our Proposal, which includes this Technical Proposal and
a Financial Proposal sealed in a separate envelope”].

{If the Consultant is a joint venture, insert the following: We are submitting our
Proposal a joint venture with: {Insert a list with full name and the legal address of each
member, and indicate the lead member}. We have attached a copy {insert: “of our letter of
intent to form a joint venture” or, if a JV is already formed, “of the JV agreement”} signed
by every participating member, which details the likely legal structure of and the
confirmation of joint and severable liability of the members of the said joint venture.

We hereby declare that:

(a) All the information 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 and/or may be
sanctioned by the Bank.

(b) Our Proposal shall be valid and remain binding upon us for the period of time
specified in the Data Sheet, ITC 11.1.

(c) We have no conflict of interest in accordance with ITC 3.

(d) We meet the eligibility requirements as stated in ITC 5, and we confirm our
understanding of our obligation to abide by policy in regard to Corrupt,
Fraudulent, collusive and Coercive Practices as per ITC 4.

(e) We, , are not ineligible under the Client’s country laws or official regulations;

(f) In competing for (and, if the award is made to us, in executing) the Contract,
we undertake to observe the laws against fraud and corruption, including
bribery, in force in the country of the Client.]

(g) Except as stated in the Data Sheet, ITC 11.7, we undertake to negotiate a
Contract on the basis of the proposed Key Experts. We accept that the
38

substitution of Key Experts for reasons other than those stated in ITC 11 and
ITC 26.4 may lead to the termination of Contract negotiations.

(h) Our Proposal is binding upon us and subject to any modifications resulting
from the Contract negotiations.

We undertake, if our Proposal is accepted and the Contract is signed, to initiate the Services
related to the assignment no later than the date indicated in ITC 29.2 of the Data Sheet.

We understand that the Client is not bound to accept any Proposal that the Client receives.

We remain,

Yours sincerely,
_________________________________________________________________
Signature (of Consultant’s authorized representative) {In full and initials}:

Full name: {insert full name of authorized representative}


Title: {insert title/position of authorized representative}
Name of Consultant (company’s name or JV’s name):
Capacity: {insert the person’s capacity to sign for the Consultant}
Address: {insert the authorized representative’s address}
Phone/fax: {insert the authorized representative’s phone and fax number, if
applicable}
Email: {insert the authorized representative’s email address}

{For a joint venture, either all members shall sign or only the lead member, in which
case the power of attorney to sign on behalf of all members shall be attached}
39

FORM TECH-2 (FOR FULL T ECHNICAL P ROPOSAL ONLY)

C ONSULTANT ’S O RGANIZATION AND EXPERIENCE

Form TECH-2: a brief description of the Consultant’s organization and an outline of the recent
experience of the Consultant that is most relevant to the assignment. In the case of a joint
venture, information on similar assignments shall be provided for each partner. For each
assignment, the outline should indicate the names of the Consultant’s Key Experts who
participated, the duration of the assignment, the contract amount (total and, if it was done in a
form of a joint venture, the amount paid to the Consultant), and the Consultant’s
role/involvement.

A - Consultant’s Organization
1. Provide here a brief description of the background and organization of your company, and –
in case of a joint venture – of each member for this assignment.

2. Include organizational chart, a list of Board of Directors, and beneficial ownership

B - Consultant’s General Experience (Refer Clause 20.1 and Annexure 1 of


ITC)

1. List only previous similar assignments successfully completed in the last Seven (7) years.
2. List only those assignments for which the Consultant was legally contracted by the Client as
a company or was one of the joint venture members. Assignments completed by the
Consultant’s individual experts working privately or through other consulting firms cannot
be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners,
but can be claimed by the Experts themselves in their CVs. The Consultant must substantiate
the claimed experience by presenting copies of relevant documents and references .

C - Consultant’s Specific Experience (Refer Clause 20.1 and Annexure 1 of


ITC)

1. List only previous similar assignments successfully completed in the last Twenty (20) years.
2. List only those assignments for which the Consultant was legally contracted by the Client as
a company or was one of the joint venture members. Assignments completed by the
Consultant’s individual experts working privately or through other consulting firms cannot
40

be claimed as the relevant experience of the Consultant, or that of the Consultant’s partners,
but can be claimed by the Experts themselves in their CVs. The Consultant must substantiate
the claimed experience by presenting copies of relevant documents and references.

Duration Assignment name/& Name of Client Approx. Role on the


brief description of main & Country of Contract value Assignment
deliverables/outputs Assignment (in US$
equivalent)/
Amount paid to
your firm

{e.g., {e.g., “Improvement {e.g., Ministry of {e.g., US$1 {e.g., Lead


Jan.2009– quality of...............”: ......, country} mill/US$0.5 partner in a JV
Apr.2010} designed master plan for mill} A&B&C}
rationalization of ........; }

{e.g., Jan- {e.g., “Support to sub- {e.g., {e.g., US$0.2 {e.g., sole
May national government.....” : municipality mil/US$0.2 mil} Consultant}
2008} drafted secondary level of.........,
regulations on..............} country}
41

FORM TECH-3 (FOR FULL T ECHNICAL P ROPOSAL)

C OMMENTS AND SUGGESTIONS ON THE T ERMS OF R EFERENCE, C OUNTERPART


STAFF, AND FACILITIES TO BE P ROVIDED BY THE C LIENT

Form TECH-3: comments and suggestions on the Terms of Reference that could improve the
quality/effectiveness of the assignment; and on requirements for counterpart staff and facilities,
which are provided by the Client, including: administrative support, office space, local
transportation, equipment, data, etc.

A - On the Terms of Reference

{improvements to the Terms of Reference, if any}

B - On Counterpart Staff and Facilities

{comments on counterpart staff and facilities to be provided by the Client. For example,
administrative support, office space, local transportation, equipment, data, background
reports, etc., if any}
42

FORM TECH-4 (FOR FULL T ECHNICAL P ROPOSAL ONLY)

DESCRIPTION OF APPROACH, M ETHODOLOGY, AND WORK P LAN IN


R ESPONDING TO THE T ERMS OF R EFERENCE

Form TECH-4: a description of the approach, methodology and work plan for performing the
assignment, including a detailed description of the proposed methodology and staffing for
training, if the Terms of Reference specify training as a specific component of the assignment.

{Suggested structure of your Technical Proposal (in FTP format):

a) Technical Approach and Methodology


b) Work Plan
c) Organization and Staffing}

a) Technical Approach and Methodology. {Please explain your understanding of the


objectives of the assignment as outlined in the Terms of Reference (TORs), the technical
approach, and the methodology you would adopt for implementing the tasks. Please do
not repeat/copy the TORs in here.}

b) Work Plan. {Please outline the plan for the implementation of the main activities/tasks
of the assignment, their content and duration, phasing and interrelations, milestones
(including interim approvals by the Client), and tentative delivery dates of the reports.
The proposed work plan should be consistent with the technical approach and
methodology, showing your understanding of the TOR and ability to translate them into
a feasible working plan. A list of the final documents (including reports) to be delivered
as final output(s) should be included here. The work plan should be consistent with the
Work Schedule Form.}

c) Organization and Staffing. {Please describe the structure and composition of your
team, including the list of the Key Experts and relevant technical and administrative
support staff.}
43

FORM TECH-5 (FOR FTP)

W ORK S CHEDULE AND PLANNING FOR DELIVERABLES

Months
N° Deliverables 1 (D-..)
1 2 3 4 5 6 7 8 9 ..... n TOTAL
D-1 {e.g., Deliverable #1: Report A
1) data collection
2) drafting
3) inception report
4) incorporating comments
5) delivery of final report to Client}

D-2 {e.g., Deliverable #2:...............}

1 List the deliverables with the breakdown for activities required to produce them and other benchmarks such as the Client’s approvals. For phased
assignments, indicate the activities, delivery of reports, and benchmarks separately for each phase.
2 Duration of activities shall be indicated in a form of a bar chart.
3. Include a legend, if necessary, to help read the chart.
44

FORM TECH-6 (FOR FTP)

TEAM COMPOSITION, ASSIGNMENT, AND KEY EXPERTS’ INPUTS

Total time-input
Expert’s input (in Mandays) per each Deliverable (listed in TECH-5)
N° Name (in Man days)
Position D-1 D-2 D-3 ........ D-... Home Field Total
KEY EXPERTS
{e.g., Mr. Abbbb} [Team [Home] [2 month] [1.0] [1.0]
K-1 Leader] [Field] [0.5 m] [2.5] [0]
K-2

K-3

Subtotal

Total

1 For Key Experts, the input should be indicated individually for the same positions as required under the Data Sheet ITC 20.1.
45

2 One working (billable) day shall be not less than eight (8) working (billable) hours.
3 “Home” means work in the office in the expert’s country of residence. “Field” work means work carried out in the Client’s country outside the expert’s
country of residence.

Full time input


Part time input
46

BLANK
47

F ORM TECH-6
(C ONTINUED)

CURRICULUM VITAE (CV)

Position Title and No. {e.g., K-1, TEAM LEADER}

Name of Expert: {Insert full name}

Date of Birth: {day/month/year}

Country of Citizenship/Residence

Education: {List college/university or other specialized education, giving names of


educational institutions, dates attended, degree(s)/diploma(s) obtained}
________________________________________________________________________

Employment record relevant to the assignment: {Starting with present position, list in
reverse order. Please provide dates, name of employing organization, titles of positions
held, types of activities performed and location of the assignment, and contact information
of previous clients and employing organization(s) who can be contacted for references.
Past employment that is not relevant to the assignment does not need to be included.}

Period Employing organization and Country Summary of


your title/position. Contact activities performed
information for references relevant to the
Assignment
[e.g., May [e.g., Ministry of ……,
2005- advisor/consultant to…
present]
For references: Tel…………/e-
mail……; Mr. Hbbbbb, deputy
minister]

Membership in Professional Associations and Publications:


______________________________________________________________________

Language Skills (indicate only languages in which you can work): ______________
______________________________________________________________________
48

Adequacy for the Assignment:

Detailed Tasks Assigned on Reference to Prior Work/Assignments


Consultant’s Team of Experts: that Best Illustrates Capability to
Handle the Assigned Tasks
{List all deliverables/tasks as in TECH-
5 in which the Expert will be involved)

Expert’s contact information: (e-mail …………………., phone……………)

Certification:
I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience, and I am available, as and when
necessary, to undertake the assignment in case of an award. I understand that any
misstatement or misrepresentation described herein may lead to my disqualification or
dismissal by the Client, and/or sanctions by the Bank.

{day/month/year}

Name of Expert Signature


Date

{day/month/year}

Name of authorized Signature


Date
Representative of the Consultant
(the same who signs the Proposal)
49

Section 4. Financial Proposal - Forms


{Notes to Consultant shown in brackets { } provide guidance to the Consultant to prepare
the Financial Proposals; they should not appear on the Financial Proposals to be submitted.}

Financial Proposal Standard Forms shall be used for the preparation of the Financial
Proposal according to the instructions provided in Section 2.

FIN-1 Financial Proposal Submission Form

FIN-2 Bill of Items


50

F ORM FIN-1
F INANCIAL P ROPOSAL SUBMISSION F ORM

{Location, Date}

To: [Name and address of Client]

Dear Sirs:

We, the undersigned, offer to provide the consulting services for [Insert title of
assignment] in accordance with your Request for Proposal dated [Insert Date] and our
Technical Proposal.

Our attached Financial Proposal is for the amount of {Indicate the corresponding to
the amount(s) currency(ies)} {Insert amount(s) in words and figures}, [Insert “including”
or “excluding”] of all indirect local taxes in accordance with ITC 23.1 in the Data Sheet.
The estimated amount of local indirect taxes is {Insert currency} {Insert amount in words
and figures} which shall be confirmed or adjusted, if needed, during negotiations. {Please
note that all amounts shall be the same as in Form FIN-2}.

Our Financial Proposal shall be valid and remain binding upon us, subject to the
modifications resulting from Contract negotiations, for the period of time specified in the
Data Sheet, ITC 11.1.

Commissions and gratuities paid or to be paid by us to an agent or any third party


relating to preparation or submission of this Proposal and Contract execution, paid if we are
awarded the Contract, are listed below:

Name and Address Amount and Purpose of Commission


of Agents Currency or Gratuity

{If no payments are made or promised, add the following statement: “No commissions or
gratuities have been or are to be paid by us to agents or any third party relating to this
Proposal and Contract execution.”}

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

_________________________________________________________________
Signature (of Consultant’s authorized representative) {In full and initials}:

Full name: {insert full name of authorized representative}


Title: {insert title/position of authorized representative}
51

Name of Consultant (company’s name or JV’s name):


Capacity: {insert the person’s capacity to sign for the Consultant}
Address: {insert the authorized representative’s address}
Phone/fax: {insert the authorized representative’s phone and fax number, if
applicable}
Email: {insert the authorized representative’s email address}

{For a joint venture, either all members shall sign or only the lead
member/consultant, in which case the power of attorney to sign on behalf of all
members shall be attached}
52

F ORM FIN-2 B ILL OF I TEMS


Name of Assignment: Consultancy Services for Design, Engineering & Construction
Monitoring of Concrete Faced Rockfill Dam, Pakal Dul HE Project (1000 MW), J & K
Sl. No. Description Unit Quantity Rate Amount
(Foreign (Foreign
Currency*) Currency)
(In Figure and (In Figure and
Words) Words)
(1) (2) (3) (4) (5) (6) = (4) x (5)
Design & Engineering Man (Estimated
Part A of CFRD at Days 100,
Consultant’s Home Consultant to
Country quote as per
Member of Design his
Team assessment)
1. Chief Consultant
2. CFRD Designer
3. Geo-Tech Consultant
4. FEM specialist
Part B – Consultancy Services related to Site Visit at Delhi / Project site
B1 Member of Design Man (Estimated
Team Days 84,
1. Chief Consultant Consultant to
2. CFRD Designer quote as per
3. Geo-Tech Consultant his
4. FEM specialist assessment)
5. CFRD Construction
Specialist
B2 Cost of Travel to India Per 14
(New Delhi & Jammu) person
and Back per visit
B3 Cost of Lodging at New Per 36
Delhi and Jammu Person
Per Day
Total (In figure and words)
NOTE - The estimate of Mandays is indicative and the Proposal shall be based on the
Consultant’s own estimates for the same as per ITC Clause 13.1.1
* Refer ITC Clause 15.4
53

Section 5. Eligible Countries

In reference to ITC 5.3.1, for the information of Consultants, at the present time firms,
goods and services from the following countries are excluded from this selection:

Under the ITC 5.3.1 (a): none


54

Section 6. Corrupt, Fraudulent, Collusive and Coercive


Practices
PRE-CONTRACT INTEGRITY PACT

Between

NHPC Limited, a company incorporated under the Companies Act 1956 and having its
registered office at NHPC Office Complex, Sector-33, Faridabad-121003 (Haryana),
hereinafter referred to as “ Client’s Design Consultant” which expression shall mean and
include, unless the context otherwise requires, his successors in office and assigns of the
First Part.
And

M/s ________ , a company/ firm/ individual (status of the company) and having its
registered office at ______________ represented by Shri ________ , hereinafter referred
to as “The Bidder/” which expression shall mean and include, unless the context otherwise
requires, his successors and permitted assigns of the Second Part.

WHEREAS the Client’s Design Consultant proposes to procure under laid down
organizational procedures, contract/s for Consultancy Services for Design, Engineering &
Construction monitoring of Concrete Faced Rockfill Dam, Pakal Dul HE Project (1000
MW), J & K and the Bidder/ is willing to offer against NIT No. NHPC/CCW/2018/PD-
CFRD Consultancy.

WHEREAS the Bidder is a private company/ public company/ Government undertaking/


joint venture constituted in accordance with the relevant law in the matter and the Employer
is a Public Sector Enterprise.

NOW, THEREFORE,

To avoid all forms of corruption by following a system that is fair, transparent and free from
any influence/prejudiced dealings prior to, during and subsequent to the currency of the
contract to be entered into with a view to: -

Enabling the Client’s Design Consultant to obtain the desired said (/ services) at a
competitive price in conformity with the defined specifications by avoiding the high cost
and the distortionary impact of corruption on public procurement, and

Enabling the Bidder(s)/ Contractor(s) to abstain from bribing or indulging in any corrupt
practice in order to secure the contract by providing assurance to them that their competitors
will also abstain from bribing and other corrupt practices and the Employer will commit to
prevent corruption, in any form, by its officials by following transparent procedures.

1.0 Commitments of the Client’s Design Consultant

1.1 The Client’s Design Consultant undertakes that no official of the Client’s Design
Consultant , connected directly or indirectly with the contract, will demand, take a
promise for or accept, directly or through intermediaries, any bribe, consideration,
gift, reward, favour or any material or immaterial benefit or any other advantage
55

from the Bidder/ Contractor, either for themselves or for any person, organization or
third party related to the contract in exchange for an advantage in the bidding
process, bid evaluation, contracting or implementation process related to the contact.

1.2. The Client’s Design Consultant will, during the pre-contract stage, treat all the
Bidders/ Contractors alike, and will provide to all the Bidders/ Contractors the same
information and will not provide any such information to any particular Bidder/
Contractor which could afford an advantage to that particular Bidder/ Contractor in
comparison to other Bidders/Contractors.

1.3. All the officials of the Client’s Design Consultant will report to the appropriate
Authority any attempted or completed breaches of the above commitments as well
as any substantial suspicion of such a breach.

2.0 In case any such preceding misconduct on the part of such official(s) is reported by
the Bidder to the Client’s Design Consultant with full and verifiable facts and the
same is prima facie found to be correct by the Client’s Design Consultant, necessary
disciplinary proceedings, or any other action as deemed fit, including criminal
proceedings may be initiated by the Client’s Design Consultant or Independent
External Monitor and such a person shall be debarred from further dealings related
to the contract process. In such a case while an enquiry is being conducted by the
Client’s Design Consultant the proceedings under the contract would not be stalled.

3.0 Commitments of the Bidder(s)/Contractor(s)

The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent


corrupt practices, unfair means and illegal activities during any stage of its bid or
during any pre-contract or post-contract stage in order to secure the contract or in
furtherance to secure it and in particular commit itself to the following :-

3.1 The Bidder(s)/Contractor(s) will not offer, directly or through intermediaries, any
bribe, gift, consideration, reward, favour, any material or immaterial benefit or other
advantage, commission, fees, brokerage or inducement to any official of the Client’s
Design Consultant , connected directly or indirectly with the bidding process, or to
any person, organization or third party related to the contract in exchange for any
advantage in the bidding, evaluation, contracting and implementation of the contract.

3.2 The Bidder/ Contractor further undertakes that it has not given, offered or promised
to give, directly or indirectly any bribe, gift consideration, reward, favour, any
material or immaterial benefit or other advantage, commission, fees, brokerage or
inducement to any official of the Client’s Design Consultant or otherwise in
procuring the Contract or forbearing to do or having done any act in relation to the
obtaining or execution of the contract or any other contract with Employer for
showing or forbearing to show favour or disfavour to any person in relation to the
contract or any other contract with Employer.

3.3 The Bidder(s)/ shall disclose the name and address of agents and representatives
and Indian Bidder(s) shall disclose their foreign principals or associates.
56

3.4 The Bidder(s) shall disclose the payments to be made by them to agents/brokers or
any other intermediary, in connection with this bid/contract.

3.5 Deleted.

3.6 The Bidder, either while presenting the bid or during pre-contract negotiations or
before signing the contract, shall disclose any payments he has made, is committed
to or intends to make to officials of the Client’s Design Consultant or their family
members, agents, brokers or any other intermediaries in connection with the contract
and the details of services agreed upon for such payments.

3.7 The Bidder will not collude with other parties interested in the contract to impair the
transparency, fairness and progress of the bidding process, bid evaluation,
contracting and implementation of the contract.

3.8 The Bidder will not accept any advantage in exchange for any corrupt practice,
unfair means and illegal activities.

3.9 The Bidder shall not use improperly, for purposes of competition or personal gain,
or pass on to others, any information provided by the Client’s Design Consultant as
part of the business relationship, regarding plans, technical proposals and business
details, including information contained in electronic data carrier. The Bidder/
Contractor also undertakes to exercise due and adequate care lest any such
information is divulged.

3.10 The Bidder(s) commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.

3.11 The Bidder(s)/ shall not instigate or cause to instigate any third person to commit
any of the actions mentioned above.

3.12 If the Bidder or any employee of the Bidder or any person acting on behalf of the
Bidder, either directly or indirectly, is a relative of any of the officers of the Client’s
Design Consultant , or alternatively, if any relative of an officer of the Client’s
Design Consultant has financial interest/stake in the Bidder(s) firm(excluding
Public Ltd. Company listed on Stock Exchange), the same shall be disclosed by the
Bidder at the time of filling of tender.

The term ‘relative’ for this purpose would be as defined in Section 2(77) of the
Companies Act 2013.

3.13 The Bidder(s) shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the Employer.

3.14 The representative of the Bidder(s) signing Integrity Pact shall not approach the
Courts while representing the matters to IEMs and he/she will wait their decision in
the matter.
57

4.0 Previous Transgression

4.1 The Bidder(s) declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any
country in respect on any corrupt practices envisaged hereunder or with any Public
Sector Enterprise in India or any Government Department in India.
5.0 Earnest Money (Security Deposit)

The provision regarding Security Deposit as detailed in the Request for Proposal and
Instruction to Consultants (ITC) section of the Bid Document is to be referred.

6.0 Sanctions for Violations

6.1 Any breach of the aforesaid provisions by the Bidder or any one employed by it or
acting on its behalf shall entitle the Client’s Design Consultant to take action as per
the procedure mentioned in the “Guidelines on Banning of Business Dealings”
attached as Annex-A and initiate all or any one of the following actions, wherever
required:-

(i) To immediately call off the pre-contract negotiations without assigning any
reason or giving any compensation to the Bidder. However, the proceedings
with the other Bidder(s) would continue.
(ii) The Security Deposit/Performance Bond (after the contract is Signed) shall
stand forfeited either fully or partially, as decided by the Client’s Design
Consultant and the Client’s Design Consultant shall not be required to assign
any reason thereof.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the Contractor. The Bidder shall be liable to pay
compensation for any loss or damage to the Employer resulting from such
cancellation/rescission and the Client’s Design Consultant shall be entitled to
deduct the amount so payable from the money(s) due to the Bidder/Contractor.
(iv) Deleted.
(v) To encash the Bank guarantee, in order to recover the dues if any by the
Client’s Design Consultant , along with interest as per the provision of
contract.
(vi) Deleted.
(vii) To debar the Bidder from participating in future bidding processes of NHPC
Ltd., as per provisions of “Guidelines on Banning of Business Dealings” of
NHPC Ltd. (Annex-A), which may be further extended at the discretion of the
Client’s Design Consultant.
(viii) To recover all sums paid in violation of this Pact by Bidder(s) to any
middleman or agent or broker with a view to securing the contract.
(ix) In cases where irrevocable Letters of Credit have been received in respect of
any contract signed by the Client’s Design Consultant with the Bidder, the
same shall not be opened/operated.
(x) Forfeiture of Performance Security in case of a decision by the Client’s Design
Consultant to forfeit the same without assigning any reason for imposing
sanction for violation of this Pact.
58

6.2 The Client’s Design Consultant will be entitled to take all or any of the actions
mentioned at para 6.1 (i) to (x) of this Pact also on the Commission by the Bidder or
any one employed by it or acting on its behalf (whether with or without the
knowledge of the Bidder), of an offence as defined in Chapter IX of the Indian Penal
Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for
prevention of corruption.

6.3 The decision of the Client’s Design Consultant to the effect that a breach of the
provisions of this Pact has been committed by the Bidder/ Contractor shall be final
and conclusive on the Bidder. However, the Bidder can approach the Independent
External Monitor(s) appointed for the purposes of this Pact.
7.0 Fall Clause - Deleted

8.0 Independent External Monitor(s)

8.1 The Client’s Design Consultant has appointed Independent External Monitors
(hereinafter referred to as monitors) for this Pact in consultation with the Central
Vigilance Commission, India.

8.2 The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.

8.3 The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.

8.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project/procurement, including minutes of meetings. The right to
access records should only be limited to the extent absolutely necessary to
investigate the issue related to the subject tender/contract.

8.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform CMD, NHPC and request NHPC Ltd. to discontinue or take corrective
action, or to take other relevant action. The Monitor can in this regard submit non-
binding recommendations. Beyond this the Monitor has no right to demand from the
parties that they act in a specific manner, refrain from action or tolerate action.

8.6 The Bidder(s) accepts that the Monitor has the right to access without restriction, to
all Project documentation of the Employer including that provided by the Bidder.
The Bidder will also grant the Monitor, upon his request and demonstration of a
valid interest, unrestricted and unconditional access to his project documentation.
The same is applicable to Subcontractor(s). The Monitor shall be under contractual
obligation to treat the information and documents of the Bidderwith confidentiality.

8.7 The Employer will provide to the Monitor sufficient information about all meetings
among the parties related to the project provided such meetings could have an impact
on the contractual relations between the parties. The parties will offer to the Monitor
the option to participate in such meetings as and when required.

8.8 The Monitor will submit a written report to the CMD, NHPC Ltd., within 8 to 10
weeks from the date of reference or intimation to him by the Client’s Design
59

Consultant /Bidder and should the occasion arise, submit proposals for correcting
problematic situations.

8.9 The word ‘Monitor’ would include both singular and plural.

9.0 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of


commission, the Client’s Design Consultant or its agencies shall be entitled to
examine all the documents including the Books of Accounts of the Bidder and the
Bidder shall provide necessary information and documents in English and shall
extend all possible help for the purpose of such examination.

10.0 Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the
Registered Office of the Employer, i.e. Faridabad (Haryana). The arbitration clause
provided in the tender document/contract shall not be applicable for any
issue/dispute arising under Integrity Pact.

11.0 Other Legal Actions

11.1 The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.

11.2 Changes and supplements as well as termination notice need to be made in writing.

11.3 If the Contractor is a partnership or a consortium or a joint venture, this pact must
be signed by all partners of the consortium/joint venture.

12.0 Validity

12.1 The validity of this Integrity Pact shall be from date of its signing and extend upto
award of Consultancy Services to the satisfaction of both the Client’s Design
Consultant and the Bidder. In case BIDDER is unsuccessful, this Integrity Pact shall
expire after six months from the date of the signing of the contract.

12.2 Should one or several provisions of this Pact turn out to be invalid, the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an
agreement to their original intention.

13.0 The Parties hereby sign this Integrity Pact as part of the contract at ____________
on ______________ and parties concerned are bound by its provisions.
60

Client’s Design Consultant (NHPC) Consultant


(Authorised Person)
Name of the Officer (Name of the Person)
Designation Designation
Place--------------
Place---------------- Date--------------
Date---------------

Witness1.__________________________ Witness1.__________________________
(Name and address) (Name and address)

2.__________________________ 2.__________________________
(Name and address) (Name and address)
61

Annex-A
Guidelines on Banning of Business Dealings
1.0 Introduction

1.1 NHPC Limited (NHPC) deals with Agencies viz. parties/ contractors/ suppliers/
bidders, who are expected to adopt ethics of highest standards and a very high degree
of integrity, commitments and sincerity towards the work undertaken. It is not in the
interest of NHPC to deal with Agencies who commit deception, fraud or other
misconduct in the tendering process and/or during execution of work undertaken.
NHPC is committed for timely completion of the Projects within the awarded value
without compromising on quality.

1.2 Since suspension/ banning of business dealings involves civil consequences for an
Agency concerned, it is incumbent that adequate opportunity of hearing is provided
and the explanation, if tendered, is considered before passing any order in this regard
keeping in view the facts and circumstances of the case.

2.0 Scope

2. 1 NHPC reserves its rights to remove from list of approved suppliers / contractors (if
such list exists) or to Suspend/Ban Business Dealings if any Agency has been found
to be non / poor performing or have committed misconduct or fraud or anything
unethical or any of its action(s) which falls into any such grounds as laid down in this
policy.

2.2 The procedure of (i) Removal of Agency from the List of approved suppliers /
contractors; (ii) Suspension and (iii) Banning of Business Dealing with Agencies,
has been laid down in these guidelines.

2.3 These guidelines shall apply to all the units of NHPC.

2.4 These guidelines shall not be applicable in Joint Venture, Subsidiary Companies of
NHPC unless they are assignees, successors or executor.

2.5 The suspension/banning except suspension/banning under Integrity Pact shall be


with prospective effect, i.e. future business dealings.

3.0 Definitions

In these Guidelines, unless the context otherwise requires:

i) “Agency /Party / Contractor / Supplier / Bidders/Vendors” shall mean and


include a public limited company or a private limited company, a joint Venture,
Consortium, HUF, a firm whether registered or not, an individual, cooperative
society or an association or a group of persons engaged in any commerce, trade,
industry, etc. “Party / Contractor/ Supplier / Bidder/Vendor” in the context of
these guidelines is indicated as ‘Agency’.

ii) “Unit” shall mean the Corporate Office, Project/ Power Station/ Regional
Office/ Liaison Office or any other office of NHPC.
62

iii) “Competent Authority” and ‘Appellate Authority’ shall mean the following:
a. For works awarded/under Tendering from corporate office (falling in the
competency of CMD /Board of Directors)

➢ Competent Authority: CMD


➢ Appellate Authority : Board of Directors

b. For works awarded/under Tendering from Corporate Office/Projects/


Power Stations/ Regional Offices/Liaison Offices (falling in the
competency of Director /Executive Director )

➢ Competent Authority: Concerned Director/Executive Director as the


case may be
➢ Appellate Authority: CMD /Concerned Director as the case may be

c. For works awarded/under Tendering from Regional Offices / Projects/


Power Stations/ Liaison Offices ( falling in the competency of GM and
below)

➢ Competent Authority: Head of the Unit not below the rank of Chief
Engineer/Chief
➢ Appellate Authority: Next higher authority

iv) “Investigating Committee” shall mean a Committee appointed by Competent


Authority to conduct investigation.

4.0 Initiation of Suspension /Banning

Action for Suspension / Banning Business Dealings with any Agency shall be
initiated by the department responsible for invitation of Bids/Engineer-in-charge
after noticing the irregularities or misconduct on the part of Agency concerned.
Besides the concerned department, Vigilance Department of each Unit/ Corporate
Vigilance may also be competent to initiate such action.

5.0 Suspension of Business Dealings.

5.1 If the conduct of any Agency dealing with NHPC is under investigation, the
Competent Authority may consider whether the allegations (under investigation) are
of a serious nature and whether pending investigation, it would be advisable to
continue business dealing with the Agency. If the Competent Authority, decides that
it would not be in the interest to continue business dealings pending investigation, it
may suspend business dealings with the Agency. The order of suspension would
operate for a period not more than six months and may be communicated to the
Agency as also to the Investigating Committee. The Investigating Committee may
ensure that their investigation is completed and whole process of final order is over
within such period. However if the investigations are not completed within six
months ,the investigation committee shall put up the proposal to the competent
authority for approval of extension of time maximum up to further three months with
in which the committee shall conclude the proceedings .
63

5.2 The order of suspension shall be effective throughout NHPC in case of work falling
in the Competency of CMD/ Board of Directors/Directors, in case of falling in the
competency of Executive Director throughout Region and in case of falling in the
competency of HOP and below throughout the Project/Power Station and attached
liaison offices/units. During the period of suspension, no business dealing shall be
held with the Agency.

5.3 If the Agency concerned asks for detailed reasons of suspension, the Agency may
be informed that its conduct is under investigation. It is not necessary to enter into
correspondence or argument with the Agency at this stage.

5.4 It is not necessary to give any show-cause notice or personal hearing to the Agency
before issuing the order of suspension.

6.0 Ground on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to NHPC
so warrants;

6.2 If the director /owner of the Agency, proprietor or partner of the firm, is convicted
by a Court of Law for offences involving moral turpitude in relation to its business
dealings with the Government or any other public sector enterprises, during the last
five years;

6.3 If the Agency has resorted to Corrupt, Fraudulent, Collusive, Coercive practices
including misrepresentation of facts and violation of the any provisions of the
Integrity Pact provided in the Contract.

6.4 If the Agency uses intimidation / threatening or brings undue outside pressure on
NHPC or its official for acceptance / performances of the job under the contract;

6.5 If the Agency misuses the premises or facilities of NHPC, forcefully occupies or
damages the NHPC’s properties including land, water resources, forests / trees or
tampers with documents/records etc.

6.6 If the Agency does not fulfill the obligations as required under the Contract and
Violates terms & conditions of the contract which has serious affect for continuation
of the Contract.

6.7 If the work awarded to the agency has been terminated by NHPC due to poor
performance of the contract in the preceding 5 years.

6.8 If the Central Vigilance Commission, Central Bureau of Investigation or any other
Central Government investigation Agency recommends such a c o u r s e i n
respect of a case under investigation or improper conduct on agency’s part in
matters relating to the Company (NHPC) or even otherwise;

6.9 On any other ground upon which business dealings with the Agency is not in the
public interest.
64

6.10 If business dealings with the Agency have been banned by the Ministry of Power,
Government of India OR any PSU/ any other authority under the MOP if intimated
to NHPC or available on MOP Website, the business dealing with such agencies
shall be banned with immediate effect for future business dealing except banning
under Integrity Pact without any further investigation.

(Note: The examples given above are only illustrative and not exhaustive. The
Competent Authority may decide to ban business dealing for any good and sufficient
reason).

7.0 Procedure for Banning of Business Dealings

7. 1 An Investigating Committee shall be constituted by the authority competent to Ban


the dealing comprising members from Engineering/Indenting department
(convener), Finance, Law and C ontract . The level of the committee members
shall be GM and above for works falling in the competency of CMD/Board of
Directors, Chief Engineer/Chief and above for the works falling in the competency
of Director/ Executive Director and SM/M with at least one member of the level of
Chief Engineer/Chief for works falling in the competency of GM and below.

7.2 The order of Banning of Business Dealings shall be effective throughout NHPC in
case of work falling in the Competency of CMD/Board of Directors/Directors, in
case of falling in the competency of Executive Director throughout Region and in
case of falling in the competency of HOP and below throughout the Project/Power
Station and attached liaison office/units. During the period of Banning of Business
Dealings, no Business Dealing shall be held with the Agency. In situation where
based upon the gravity of the default, it is decided by the competent authority and
the Project/Region to extend the banning to Region/wide NHPC approval of regional
ED/Concerned Director as the case may be, shall be obtained.

7.3 The functions of Investigating Committee in each Unit to be appointed by the


competent authority in line with para 3 (iii) shall, inter-alia include:

a) To study the report of the department responsible for invitation of bids and
decide if a prima-facie case for banning exists, if not, send back the case to the
Competent Authority.

b) To recommend for issue of show-cause notice (after vetting by legal deptt.) to


the Agency by the concerned department as per clause 7.4 “Show Cause Notice”.

c) To examine the reply to show-cause notice and call the Agency for personal
hearing, if required.

d) To submit final recommendations to the Competent Authority for banning or


otherwise including the period for which the ban would be operative considering
the implications for NHPC on account of the act / omission on the part of the
agency, intension of the agency as established from the circumstances of the case
etc.
65

7.4 Show Cause Notice

Once the proposal for issuance of Show Cause Notice is approved by the
Competent Authority, a ‘Show Cause Notice’ s h a l l be issued to the delinquent
Agency by the Competent Authority o r by a person authorized b y t h e
Competent Authority for the said purpose. The Agency shall be asked to submit
the reply to the Show Cause Notice within 15 days of its issuance. Further, the
Agency shall be given an opportunity for Oral hearing to present its case in person,
if it so desires, and the date for Oral Hearing shall necessarily be indicated in the Show
Cause Notice.

The purpose of issuing the Show Cause Notice is only that the Agency concerned
shall be given an opportunity to explain their stand before any action is taken. T he
grounds on which action is proposed to be taken shall be disclosed to the Agency
inviting representation and after considering that representation, orders may be
passed. Such orders require only the satisfaction of the authority that passed the final
orders.

If the Agency requests for inspection of any relevant document in possession of


NHPC, necessary facility for inspection of documents may be provided.

During the conductance of oral hearing, only the regular duly authorized
employees of Agency will be permitted to represent the Agency and no outsider
shall be allowed to represent the Agency on its behalf.

Reply to the Show Cause Notice given by the Agency and their submissions in
oral hearing, if any, will be processed by the Committee for obtaining final
decision of the Competent Authority in the matter.

In case, no reply to Show Cause Notice is received from the Agency within stipulated
time, further reminder shall be given with further period of 10 days thereafter if no
reply is received action for processing ex-parte against the concerned Agency shall
be initiated.

7.5 Speaking Order

The speaking order (reasoned order) for banning the business dealing with the
Agency shall be issued by the Competent Authority or by a person authorized for
the said purpose.

The decision regarding banning of business dealings taken after the issue of a Show Cause
Notice and consideration of representation, if any, in reply thereto, shall be
communicated to the Agency concerned along with a reasoned order. The fact that
the representation has been considered shall invariably be mentioned in the
communication. Also the fact that if no reply was received to the Show Cause
Notice shall invariably be indicated in the final communication to the Agency.
66

7.6 Period of banning

In case banning is processed for violation of provisions of Integrity pact or due to


corrupt or fraudulent practices, the Competent Authority shall decide on the
period of banning on case to case basis depending on the gravity of the case
and considering the implications for NHPC on account of the act / omission on the
part of the agency, intension of the agency as established from the circumstances of
the case etc. The period of banning shall not be less than 6 months and shall not
exceed 2 years and in case termination of contract due to poor performance the
period of banning shall be for 5 years. For contracts awarded to JV/Consortium, a
constituent of the JV shall be permitted to participate in the bidding process if it has
not been banned on grounds of its role and responsibility in the tendering process
for which the Joint Venture has been banned in Past. In case if the Joint Venture
which has been banned does not indicate the roles and responsibility of individual
Partner(s) then, the partner of the banned Joint Venture shall only be allowed to
participate in the bidding process if its participation share is less than 35%.

In case the information/documents submitted by Agency in competing for the tender


found to be false/forged then NHPC, without prejudice to any other rights or
remedies it may possess, shall recover from Agency the cost incurred in carrying
out physical assessment for establishing veracity of such information/documents. In
case Agency refuses to reimburse such cost to NHPC then banning period of Agency
shall be extended by another one year.

7.7 Effect of Banning

As far as possible, the existing ongoing contract(s) with the Agency may continue
unless the Competent Authority, having regard to the circumstances of the case,
decides otherwise, keeping in view contractual and legal issues which may arise
thereof. In case the existing Contracts are allowed to continue, the
suspension/Banning of Business Dealing along with default of the Contractor shall
be recorded in the experience certificate issued for the work.
The Agency, ( after issue of the order of banning of business dealings) would
not be allowed to participate in any future tender enquiry and if the Agency has
already participated in tender process as stand-alone OR constituent of joint venture
and the price bids are not opened, his techno-commercial bid will be rejected and
price bid will be returned unopened. However, where the price bids of Agency
have been opened prior to order of banning, bids of Agency shall not be
rejected and tendering process shall be continued unless Competent Authority
having regard to the circumstances of the case decides otherwise keeping in view
the Contractual, Legal issues which may arise thereafter. However, in case the
suspension /Banning is due to default of an Agency for the provisions under Integrity
Pact and the Agency happens to be Lowest Bidder (L1), the tendering process shall
be annulled and fresh tenders shall be invited.

During the Suspension/ Banning period, if it is found at any stage that Agency
has participated in tender enquiry under a different name then such Agency would
immediately be debarred from the tender/contract and its Bid Security/Performance
Security would be forfeited. Payment, if any, made shall also be recovered.
67

After Suspension/ Banning order, the Suspended/ Banned Agency shall not be
allowed to participate as Sub-Vendor/Sub-Contractor in the tenders.

Further, if the Suspended/ Banned agency is an approved Sub-Vendor under any


Contract for such equipment/component/service, the Main Contractor shall not
be permitted to place work order/Purchase order/Contract on the Suspended/
Banned agency as a Sub-Vendor /Sub-Contractor after the date of Suspension/
Banning even though the name of the party has been approved as a Sub-Vendor
/Sub-Contractor earlier.

There would be no bar on procuring the spares and awarding Contracts towards
Annual Maintenance (AMC)/ O&M/ Repair works on Agencies pertaining to the
packages for which they have been banned provided the Equipment has been
supplied by such Agency.

Banning of business dealing shall not be applicable to the Subsidiary Company of


the Banned agency provided subsidiary company has not participated on the
strength of the Banned agency. However, in case of a default by a Sub-Contractor,
the banning shall be applicable to the Sub-Contractor as well as the Lead Partner of
the concerned JV or the Sole bidder as the case may be.

7.8 Hosting at NHPC website

The concerned unit shall forward the name and details of the Agency (ies) banned
along with period and area of banning to IT&C Division of Corporate Office for
displaying the same on the NHPC website.

8.0 Appeal against the Decision of the Competent Authority.

The Agency may file an appeal against the order of the Competent Authority
banning of business dealing before Appellate Authority. Such an appeal shall be
preferred within 30 (Thirty) Days from the date of receipt of the order of banning
of business dealing. Appellate Authority would consider the appeal if convinced
may constitute another committee for further investigation. Based on the
recommendation of the committee Appellate Authority shall pass appropriate order
which shall be communicated to the Agency as well as the Competent Authority .

9.0 Circulation of the names of Agencies with whom Business Dealings have been
banned

The name of the concerned banned agency shall also be shared with MOP and other
PSU in the sector and all the units of NHPC.

The provisions of this policy supersede and will have overriding effect on all earlier
guidelines, procedures & system issued for the similar purpose.
68

Section 7. Terms of Reference


1. Scope of Services, and Expected Deliverables
A. SCOPE OF SERVICES
Following is the scope of services for the consultancy works of Design of concrete faced
rock fill dam (CFRD) for Pakal Dul HE Project:-
• Study of all available geological and geotechnical data/maps/reports, engineering
and design reports/contract documents/data/technical specifications/tender drawings
including preliminary design done so far.
• Finalization of geometry of CFRD and zoning of material considering all the
influencing parameter such as rock foundation, seepage etc. and adjoining structures
& topography.
• Firming up of grading of material in different zones and compaction parameter &
topography as per the available material at site.
• Following studies shall be performed for finalizing the design: -
➢ Static & Dynamic Stability of the CFRD.
➢ Settlement and Compression studies(during construction and post
construction).
➢ Estimating Face Slab Deformation.
➢ Estimating Seepage through the Foundation and the face slab for defensive
design concepts.
• The consultant shall suggest measures for foundation, plinth and embankment
foundation treatment.
• Assessment of leakage and remedial treatment
• Measures to be taken in case of Perimeter Joint Movement Post-Construction Crest
Settlement.
• Evaluation and finalization of perimeter joints and water stops.
• Dimensioning and designing of face slab along with detailing slab thickness, panel
width and joints. Also to suggest measures for face slab drainage during
construction.
• Site visits for monitoring construction.
• Studies for crack proof face slab and design of parapet wall.
• Treatment methodology of joint and connection point of adjacent zone.
• Suggestion for Instruments used during construction phase monitoring as well as
operation phase monitoring of dam with detail specification and detailing.
• Any other Design & Construction issues related to CFRD.
B. Deliverables
a) First visit of the consultant to NHPC Design office & Project site within 30 days
of award of Consultancy work. Preliminary Assessment report shall be submitted
by the consultant to NHPC within 45 days of award of Consultancy work.
69

b) Firming up the Basic Design parameters & Layout of the CFRD within 120 days
of award of Consultancy work considering all scope of work. Design Report -1
shall be given to NHPC within 135 days of award of Consultancy work.
c) Draft Detail Design for each items of CFRD within 240 Days of award of
Consultancy work considering all scope of work. Design Report-2 shall be given
to NHPC after completion of 50% of scope of Design works as per preliminary
assessment report.
d) Second visit to NHPC Design & Engineering Division for firming up of Detailed
Design within 365 Days of award of Consultancy work. Design Report-3 shall be
given to NHPC after completion of 75% of scope of Design works as per
preliminary assessment report.
e) Final Detail Design for each item of CFRD to be completed within 420 Days of
award of Consultancy work considering all scope of work. Final Design Report-4
shall be given to NHPC after completion of 90% of scope of Design works as per
preliminary assessment report.
f) Periodic site visits (total site visits =5) after every ±6 months (as per site
requirement) after start of construction of CFRD. Site visit report to be given by
the consultant after every visit.
g) Technical Assistance to D&E Division, NHPC Ltd. & to CVPPL during Detailed
Design for issuance of drawings as well as during construction period of CFRD.
h) Periodic design support as per “g” above & submission of design reports (Total no
of such reports =5) & acceptance thereof after every ±6 months (as per site
requirements) after start of construction of CFRD.
i) Completion of all design & drawings of concrete facing of CFRD, top parapet wall
& junction details of adjoining surface spillway with CFRD & submission of draft
completion report & acceptance thereof.
j) Submission of Final completion design & construction report after completion of
CFRD and acceptance thereof.

2. Team Composition & Qualification Requirements for the Key Experts (and any other
requirements will be used for evaluating the Key Experts under Data Sheet 20.1 of the
ITC)
70

Part II
Section 8 – Information for Consultants

1.0 About NHPC Ltd:


NHPC Limited, Govt. of India Enterprise, is a Mini Ratna power generating company
through conventional & non- conventional sources and is dedicated to the planning,
development and implementation of an integrated and efficient network of power
projects in India.
NHPC is ranked as a premier organization in the country for development of
hydropower, from concept to commissioning. Since its incorporation in the year 1975,
it has executed 23 projects with an installed capacity of 7071.2 MW on ownership
basis including projects executed by NHDC Limited, a Subsidiary Company of NHPC
Limited.
Presently NHPC is engaged in the construction of projects aggregating to a total
installed capacity of 3800 MW including project being executed through JV Company.
9 projects of 6995 MW are at various stages of clearances/Govt. approval for their
implementation including those to be executed through Subsidiary/Joint Venture
Companies.

2.0 About CHENAB VALLEY POWER PROJECTS (P) LIMITED (CVPPL)


Chenab Valley Power Projects [P] Limited (CVPP), has been incorporated on
13/06/2011 as a Joint Venture Company of NHPC Limited, JKSPDC and PTC (India)
Limited for execution of 03 Hydroelectric Projects namely Pakal Dul, Kiru and Kawar
with aggregate capacity of 2164 MW at Chenab River Basin in Distt Kishtwar of
Jammu & Kashmir, with equity participation of 49%, 49% and 2% by NHPC,JKSPDC
& PTC respectively. The Company shall execute these Projects on Build, Own,
Operate and Maintain (BOOM) basis.
Pakal Dul HE Project consisting of CFRD dam , (Highest CFRD in India-167m
high), is being taken up for construction by Chenab Valley Power Projects Pvt.
Limited(a Joint Venture Company of NHPC Limited, JKSPDC & PTC India
Ltd.) in Kishtwar District of Jammu and Kashmir, India.
NHPC Ltd. is the Design consultant for CVPPL for the Pakal Dul H E project &
has been associated in preparing the Detailed Project Report, firming up of
71

technical specifications, Tender Drawings , BOQ etc. and responsible for Detailed
Design and issue of construction drawings for this project.

3.0 About Pakal Dul H E project:


1000 MW Pakal Dul H E project is located on Marusudar river, a tributary of Chenab
river, in Kishtwar district of J&K, India. Energy generation and flood storage are two
main purposes of the project. Vicinity Map of the project is enclosed as Plate-1.
The project comprises a 167 m high concrete Face Rock Fill dam ( CFRD), 2 nos.
water conductor systems, an underground power house complex to house 4 units of
250 MW generating units and other ancillary works.General Layout Schematic
Diagram of project is enclosed as Plate-2.

4.0 Details of Dam & Spillway


A concrete face rock fill dam across Marusudar River, a tributary of river Chenab,
near village Drangdhuran is proposed. Top of the dam is at EL1707.0m. The dam
height above the deepest riverbed level is 167m. At the upstream end of the dam, a
plastic concrete cut off wall about 60m deep is proposed through alluvium.The surface
spillway is located on the left bank and consists of 2 nos. bays each having radial gate
of 12m x 16m with crest at EL 1684m.In addition, 2 nos.10.5 m diameters spillway
tunnels having radial gates with its crest level at EL1580m have also been provided to
allow effective silt management & part design flood. The spillways arrangement has
been designed to pass design flood of 5890 cumecs at Maximum water level (EL
1703m).
The spillway arrangement consists of an approach channel, the control structure,
spillway chute and the energy dissipation arrangement in the form of flip-bucket
followed by a preformed plunge pool. Excavation of rock slope on the left bank shall
be required to accommodate the chute spillway. In order to secure the dam
construction area, the river shall be diverted through an 813m long, 11.0m diameter
diversion tunnel on the left bank. The diversion scheme is designed for a discharge of
2000 cumecs corresponding to 1 in 100 years flood. The proposed upstream coffer
dam (top ±EL 1589m) shall be about 34 m high and downstream cofferdam shall be
10m high (top El 1545.0m). The River diversion & Spillway arrangement is in the
72

scope of the contractor for this package.Dam Complex General Arrangement


&CFRD Cross sections are enclosed as Plate-3 & Plate4.

NHPC Ltd is the Design consultant for CVPPL for the Pakal Dul H E project & has
been associated in preparing the Detailed Project Report, firming up of technical
specifications, Tender Drawings, BOQ etc. and responsible for Detailed Design and
issue of construction drawings for this project. The technical specifications and tender
drawings for CFRD have been finalized and are part of the contract document of Lot-
2 package.
The proposed work of construction of CFRD is under LOT-2 package which is at the
award stage and the L1 Proposer shall be engaging a consultant for CFRD with
specialist for implementation of CFRD at site from contractor’s side.

5.0 Construction schedule:


Total construction schedule envisaged for construction of the CFRD is 57months
including concrete works of the dam. The construction schedule for placement of
Rockfill material is 40 months. The work has been awarded in June 2018 and the
scheduled work completion time for the Dam Package is 57 months. The design
activities are to be started immediately after award of this consultancy service for
CFRD.

6.0 Objective of Information:


The main feature of the Pakal Dul H E project project is a 167 m high concrete Face
Rock Fill dam (CFRD) which is one of the largest dams in India both in terms of height
[±167 m fromRiver Bed Level] and volume of Rockfill [±7.50 Mm3]. Construction of
dam lies on critical path of the construction schedule along with HRTs and has been
planned and proposed to be completed in 40 months at the average monthly rate of
Rock fill placement of approx. 2.0 lacs m3.
NHPC has constructed 37m high Concrete faced rockfill dam (CFRD) for
Kishanganga Power Station (330MW) located in Bandipore district of Jammu and
Kashmir in 2017 and 56m high in Dhauliganga Power Station (280MW) at Pithoragarh
district of Uttarakhand in the year 2005. Kishanganga Power Station has been executed
on Turnkey basis and the design has been done by HEC, Halcrow and its associates.
Apart from these CFRDs, Teesta Stage- III Hydropower Project (1200MW) in Sikkim,
73

constructed by Teesta Urja on BOOT basis, has 60m high CFRD dam. No major
CFRD dams greater that 100m have been constructed in India till now.
To save the precious construction time and cost, to take care of safety aspects during
design, firming up the design parameters of CFRD and proper monitoring during
construction, the design work is intended to be got carried out in association with
NHPC, through “Consultancy assignment”, by expert(s) Consultant /consulting firms
having experience in “Planning, design, Engineering and construction Supervision
” of Concrete Faced Rockfill Dams (CFRD’s) equivalent/similar in terms of height
and Rock fill volume. Technical & Design assistance in India, as required by
expert(s) Consultant /consulting firms shall be provided by NHPC Ltd. The
consultant/consulting firm shall be associated with detailed design of CFRD and
issue of construction drawings shall be done by NHPC Ltd.

7.0 Regional Geology


Kishtwar region is located south-east of Kashmir valley and lies between Pir Panjal
and Lesser Himalayan Range. The different mountain ranges are dissected by major
drainage system of Chenab and Marusudar Rivers.The Marusudar is the right bank
tributary of Chenab river and joins it at Bhandarkot. Geologically the area falls within
the “Kishtwar Window Zone” and exposes rocks of Salkhalas, Kibar & Dul
Formations belonging to Precambrian age. Kibar and Dul Formations are considered
younger to Salkhalas. The Salkhalas are separated from Dul formation by a regional
fault known as Kishtwar Fault.

8.0 Site Location and Access:


The Pakal Dul Project is situated in the Kishtwar district of Jammu & Kashmir State.
The Project headquarter is located at Kishtwar, about 220 Km from Jammu, the winter
capital town of J&K. The dam site of the project is situated at Drangdhuran in
Marusudar valley and power house site is at Dul (Upstream of Dul reservoir of
Dulhasti Power Station in Chenab valley of J&K State which is in operation). The
nearest airport is at Jammu. Paved road gives access to Kishtwar Town from Jammu,
which in turn is connected to Delhi by rail, road and also by air. A new railway station
at Udhampur has already been built, which is about 175 Km from Kishtwar.
Approximate distances of Project from different important towns are as below:
74

Table-1 :- Distance of Project from different town

Dam site Power House site


From Delhi (+/-) 885 km (+/-) 86km
From Jammu (+/-) 265km (+/-) 246km
From Kishtwar (+/-) 45km (+/-) 26km

9.0 Geology:
The detailed geological mapping of the proposed dam & its appurtenant structures
have been carried out on 1:1000 scale and further the geological plan reproduced on
1:2000 scale. The Geology of the dam area is described as below.

9.1 Dam:
A 167m high Concrete Face Rock fill Dam (CFRD) near village Drangdhuran is
proposed to be constructed across river Marusudar. The river valley at the proposed
site is narrow gorge having rocky escarpment on both the banks in a stretch of about
300m length along the river course. The river flows in a broad semi-circle course at
the proposed dam site, having convex bend towards right bank. The river banks in the
upstream part of the dam axis constitute wide terrace deposits on either bank.
Both the abutments exhibit exposures of strong to very strong competent gneissic rock
with a thin cover of slope wash/scree deposit. The rock is generally fresh, hard,
massive and tightly foliated. However, a few open joints near the surface are also seen
mainly on the left bank. Geological plan of dam area is appended as Plate-8.1.

9.2 Geophysical Investigations:


Seismic Refraction survey has been carried out in the upstream plinth of dam area as
well as other ancillary structures of the dam complex to assess overburden thickness.
Total 5 profiles were laid with a cumulative length of 1035m on left bank terrace
deposit. Apart from this, one profile of 115m length was also laid on right bank river
terrace. The data obtained from seismic survey has been used for making the
assessment of subsurface geological conditions. The brief findings of this survey are
mentioned here under in Table-2.
75

Table-2 : Geophysical Survey in the Dam Area


Velocity
Sl. Profile No. / Velocity in Overburden in Depth of
No. Location (m/s) Bedrock Overburden
(m/s)

P1 at left bank 600 (top soil), 1200


34.0 to 39.0 m
1. terrace, at upstream (pebbles & cobbles) & 1800 3700
(El 1525 M & 1529 M)
plinth of CFRD (saturated sand)

600 (top soil), 1200


P2 at left bank
(pebbles & cobbles), 1900 38.0 to 52.0 m
2. terrace, upstream of 3700
(saturated sand) & 2400 (El 1520 M & 1532 M)
dam axis
(bouldery zone)
P3 at left bank 700 (top soil), 1200
12.0 to 33.0 m
3. terrace, upstream of (pebbles & cobbles) & 1900 3700
(El 1528M & 1559 M)
dam axis (saturated sand)
P4 at right bank 700 (top soil), 1400 41.0 to 45.0 m
4. terrace, upstream of (pebbles & cobbles) & 1700 4000 (El 1519M & ≥ 1521
dam axis (saturated sand) M)
600 (top soil), 1200 39.0 to >43.0 m
P5 at left bank terrace
(pebbles & cobbles), 1900 (<El 1519M [side
5. at upstream of dam 3700
(saturated sand) & 2400 influence from right
axis.
(bouldery zone) bank] & 1530 M)
P6 at left bank
1700 (saturated sand) & 37.0 to 41.0 m
6. terrace, upstream of 3700
2400 (bouldery zone) (El 1517M & 1524 M)
dam axis

9.3 Exploratory Drilling:


The sub surface exploration carried out in dam complex area (total 15 drill holes with
cumulative depth of 879m) indicate deep overburden of the order of 12 to 50m,
however, at certain pockets overburden depth varies from 55 to 71m. Furthermore,
drilling has also indicated two levels sandy horizons within overburden i.e., of about
16 to 25m at upper level and 5 to 13m thickness at lower level (in pocket). Broadly
bedrock is comprised of gneissic rock, however, further classification of bed rock
comprises of either gneissic granite or gneissic quartzite intercalated with schist bands.
Brief details of drilling are given in the Table-3 as below.
Table-3: Geotechnical Details of Exploratory Drill holes in the Dam Area
Drill Total Bedrock
Sl. Collar
hole Location Depth Depth & Description
No. El. (M)
No. (m) Elevation
On Left • Sandy horizon is
bank 30.70m depth encountered within the
1. DD-1 35.82 1555.6
terrace: (El. 1524.9M) river borne material from
140m (±) 11.2m (El. 1544.4M) to
76

Drill Total Bedrock


Sl. Collar
hole Location Depth Depth & Description
No. El. (M)
No. (m) Elevation
upstream of 29.48m (El. 1526.12M)
dam axis depth
• Bedrock is Gneissic
Granite
• RQD varies from 76 to
100%
• Sandy horizon is
encountered within the
riverine material from
On Right
31.50m (El. 1513.86M)
bank 48.0m depth
to 39m (El. 1506.36M)
2. DD-2 terrace: 30m 61.80 1545.36 (El.1497.36M
depth
(+) d/s of )
• Bedrock is Gneissic
dam axis
Quartzite/Granite
• RQD varies from 40 to
100%
• Sandy horizon is
encountered within the
riverine material from
In
30m (El. 1515.82M) to
midstream, 56.90m depth
43.50m (El. 1502.32M)
3. DD-3 100m (±) 66.25 1545.82 (El.
depth
d/s of dam 1488.92M)
• Bedrock is Gneissic
axis
Granite /Quartzite
• RQD generally varies
from 49 to 99%
On Left Abandoned • The hole passes through
bank: 90m due to rise riverine material down to
4. DD-4 17.0 1546.85
d/s of dam in water drilled depth
axis level
• Sandy horizon is
encountered within the
On Left river borne material from
Abandoned
bank 8.60m (El. 1548.56M) to
due to rise
5. DD-5 terrace: 20m 52.53 1557.16 34.10m (El. 1523.06M)
in water
(±)Upstrea depth
level
m of Plinth • The hole passes through
riverine material down to
drilled depth
• Sandy horizon is
On Left encountered at 18.9m
71.20m depth
bank depth (El. 1545.33M)
(El.
6. DD-6 terrace: 12m 90.60 1564.23 and continuing till 33m
1493.03M)
upstream of depth
plinth • Bedrock is Quartzitic
Gneiss with intermittent
77

Drill Total Bedrock


Sl. Collar
hole Location Depth Depth & Description
No. El. (M)
No. (m) Elevation
bands of Gneissic
Granite
• RQD generally varies
from 90 to 100%
• Bedrock is Gneissic
Quartzite and Gneissic
On Left
36m depth Granite
bank terrace
7. DD-7 85.10 1563.37 (El. • RQD generally varies
at plinth
1527.37M) from 57 to 100% except
area
occasional zones of low
values
• Sandy horizon is
encountered within the
riverine material from
8.5m (El. 1544.2M) to
On Left 29.3m (El. 1523.4M)
50m depth
bank terrace depth and from 35.9m
8. DD-8 70 1552.74 (El.
at plinth (El. 1516.8M) to 45m
1502.74M)
area (El. 1507.7M)
• Bedrock is Quartzitic
Gneiss
• RQD generally varies
from 54 to 100%
On Right • Hole pierced through
bank river Hole riverine material upto
9. DD-9 41.5 1535.07
edge at D/s abandoned drilled depth
coffer dam
• Bedrock is Gneissic
Quartzite/Gneissic
On Left 25.5m depth Granite
DD-
10. bank at U/s 65.7 1570.23 (El. • RQD generally varies
10
coffer dam 1544.73M) from 40 to 100% except
occasional zones of low
RQD
• Bedrock is Gneissic
On Left
Quartzite with bands of
DD- bank hill 12.5m depth
11. 51.0 1589.07 Gneissic Granite
11 slope at DT (El. 1576.5M)
• RQD varies from 63 to
Inlet
100%
• A sandy horizon is
encountered from 5m
On the
39.5m depth (El. 1530.54M) to 21.5m
DD- Right bank
12. 47.05 1535.54 (El. (El. 1514.04M) depth
12 at D/s coffer
1496.04M) • Bedrock is Gneissic
dam
Quartzite with bands of
Gneissic Granite
78

Drill Total Bedrock


Sl. Collar
hole Location Depth Depth & Description
No. El. (M)
No. (m) Elevation
• Sandy horizons are
encountered from 9m
48.3m depth (El. 1543.18M) to 29.5m
On the Left (El. (El. 1522.68M) and from
bank of 1503.88M) 39m (El. 1513.18m) to
DD-
13. river edge at 51.0 1552.18 43.5m (El. 1508.68M)
13
U/s plinth (Bedrock depth
area depth • Bedrock is Gneissic
doubtful) Quartzite
• RQD varies from 90 to
91%
• Bedrock is Gneissic
Left bank 55m depth
DD- Granite
14. terrace DT 70.28 1570.89 (El.
14 • RQD varies from 71 to
Inlet 1515.89M)
100%
• A zone of sand is
encountered from
10.50m (El. 1542.24M)
to 31m (El. 1521.74M)
Towards left
depth
bank (active 42.22 m depth
DD- • Bedrock is Gneissic
15. river 73.40 1552.96 (El.
15 Quartzite and Gneissic
Channel) at 1510.74M)
Granite
Dam plinth
• Except occasional zones
of low values, RQD
generally varies from 85
to 100%
To know the over burden depth and subsurface geology, two drill holes are proposed on
Tunnel spillways alignment. Drilling of one drill hole is in progress.

9.4 Exploratory Drifting:


Four exploratory drifts i.e. two on each abutment, are excavated at the proposed dam
axis. Drifts DL-1 (EL: 1670M) of 55m length & DL-2 (EL.1608M) of 50m length
have been excavated on left abutment while Drifts DR-1(EL.1610M) and DR-2 (EL.
1575M), each of 50m length have been excavated on the right abutment.
The drifts have negotiated through strong to very strong gneissic granite and gneissic
quartzite rock. Shear seams / shear zones of varying thickness from few cms to 2m
have been observed along foliation planes at wider spacing. Brief details of
exploratory drifts are given in Table- 4 as below.
Table-4: Geotechnical Details of Exploratory Drifts in Dam area
79

Sl. Length El.


Drift No. Location Geotechnical description
No. (m) (M)
• Gneissic Granite/Quartzite
• Open joint (5mm) observed at Ch. 10m
Left bank
1. DL-1
Dam Axis
55 1670 • A shattered zone/shear zone (5-15cm)
along sub vertical joint observed between
Ch.25 to 31m
• Gneissic Quartzite/Granite
• Foliation shear seams/shear zones with
fractured rock of 10-200cm observed
Left bank
2. DL-2 50 1608 between Ch. 0-7m
Dam Axis
• Phyllite band (2m thick) with shear seams
(10-15cm thick) are observed between
Ch.36-41m
• Gneissic Quartzite
• A Foliation shear zone (1-2m) is observed
Right bank between Ch. 0-11m
3. DR-1 50 1610
Dam Axis • Foliation shear seams (5-10cm) with
shattered zone (25-100cm) observed
between Ch.11-20m
• Gneissic Granite
• A sheared/shattered zone (50-75cm)
Right bank observed between Ch.0-7m
4. DR-2 50 1575
Dam Axis • Shear seams (<50mm), a zone of shear
(>50mm) along with shattered rock mass
are observed between Ch.8 and 22m
• Quartzite Gneiss
• Shear seam (<50mm) is observed between
Intake
5. Left bank 31 1601 Ch.4-7m and between Ch.18-21m
Drift
• A band of Phyllite (1m thick) is observed
between Ch.24 to 28m
9.5 Permeability and SPT Tests:
The river borne material available in river channel is medium permeable as inferred
from results of permeability test by constant head method. The exploratory drill
holes also indicate a presence of a silty sandy horizon (5-13m thick) all through
the river bed portion, sandwiched within the river borne materials comprising
boulders, cobbles, pebbles in sand and silty matrix. Water pressure tests have been
conducted in bed rock.
The SPT test has also been conducted in the sandy horizon in drill hole DD-13 (at
plinth of dam) and indicate dense to very dense medium from 13.0 to 41m depth.
80

9.6 Groutability Test:


Groutability test has been conducted on left bank terrace near plinth of the dam. Five
drill holes (GH-01 to GH-05) of 50m depth each were made. Based on groutability
tests it is inferred that there is substantial reduction in permeability values from
primary holes to secondary holes, however there is no remarkable effect of grouting
from secondary holes to tertiary holes. This infers that the acceptable limit of
permeability can be achieved up to desired level through grouting.

9.7 In-Situ Rock Mechanic Tests:


In-situ Rock Mechanic Tests viz. Plate load test & In-situ shear strength test for rock
to rock interface & rock to concrete interface were got conducted through CMRI,
Dhanbad. Summary of test results are as given below:

Table-5 Results of Rock Mechanic Tests

Sl. Name of the test Location of the Test Result


No test conducted
.
1 Plate Load test Dam site - Upper Modulus of Deformation (Ed): 1.88 to
(Vertical) Drift 5.64 GPa,
Modulus of Elasticity(Ee): 4.51 to
13.54GPa
2 Plate Load test Dam site - Upper Modulus of Deformation (Ed): 1.50 -
(Horizontal) Drift 3.22GPa
Modulus of Elasticity(Ee): 3.76 to 6.77
GPa
3 Plate Load test Dam site - Modulus of Deformation (Ed): 1.88 to
(Vertical) Lower drift 5.21 GPa
Modulus of Elasticity(Ee): 4.51 to
13.54 GPa
4 Plate Load test Dam site - Modulus of Deformation (Ed):1.37 to
(Horizontal) Lower drift 4.06 GPa
Modulus of Elasticity(Ee): 3.76 to
11.28 GPa.
5 In-situ shear strength Dam site - Upper C = 0.045Mpa, Ø = 59°
test (Concrete to rock drift
Interface)
6 In-situ shear strength Dam site - C = 0.08Mpa, Ø = 58°
test (Concrete to rock Lower drift
Interface)
81

7 Plate Load Test on Dam site Modulus of deformation:30.54 to 36.50


Riverbed Material Mpa

9.8 Bedrock Characteristics:


The rock exposure in the dam area comprises greyish quartzite with schist bands or
granitic nature of rocks. As such, the bedrock has been designated either as gneissic
granite or gneissic quartzite based on physical appearance. Dam site is occupied by
strong to very strong, massive to widely jointed gneissic granite and gneissic quartzite
with schist bands. Both the abutments exhibit exposure of competent gneissic rock
without having much of slope wash/scree deposit.
The foliation joint (S1) strikes oblique to the river course and dips at about 40º towards
upstream direction. Majority of the shear seams/zones are developed mainly along
foliation joints. Apart from the foliation joints, the rock mass is dissected by three
major sets of discontinuities having orientation of S2 (200º/70º), S3 (270º/60º) and S4
(090º/65º).
The subsurface exploration by drill holes at the dam base indicates that the river
channel is filled with deep riverine/alluvial deposits. All the holes drilled in the river
channel / banks ( in dam base),, indicate broadly riverine deposits having thickness
around 30 to 71m consisting boulders, cobbles and pebbles mixed with sand and
exclusively sandy horizon. (Plate-8.2 , Plate-8.3 & Plate-8.4). Presence of thick sand
& silt horizon sandwiched between boulders, cobbles in sandy matrix is significant
aspect of valley fill deposits from the piping action under high hydraulic gradient and
liquefaction point of view (Plate No. 8.4). Accordingly SPT test has been conducted
in one of the drill hole which indicates dense to very dense medium. However, for
precise evaluation of liquefaction potential of the medium, MASW test is currently in
progress
Due to the presence of thick riverine deposits in riverbed, the concrete face rock fill
dam (CFRD) is considered. Subsequent to DPR, plate load tests were conducted on
the riverine material. The average values of Modulus of Deformation obtained for the
five bearing pressures at 10, 20, 30, 40 & 50 T/m2 were 36.27, 33.09, 34.46, 36.44 &
38.49 MPa respectively.
82

9.9 Plinth Beam of CFRD:


The CFRD plinth will be resting on bedrock, in both the abutments. In the riverbed
and on left bank terrace, thick river borne material will be replaced with diaphragm
wall up to bedrock. On the left bank, rock exposures are seen above terrace level (El.
1570M±) whereas on right abutment ,rock exposures are noticed from river edge to
EL. 1630M and further upslope the area occupies thin veneer of slope wash deposits.
The thickness of riverine material generally varies from 36 to 50m (L/B terrace and
river channel) however; deepest overburden of the order of ±71m is recorded on the
central part of left bank terrace. Refer geological section at plinth of CFRD (Plate 8.2)

9.10 Seismological Studies:


The seismological studies of the project for determining seismic design parameters
were carried out by Department of Earthquake Engineering, IIT, Roorkee (India). As
per this study, the peak ground acceleration is 0.31g for Maximum Credible
Earthquake (MCE) and 0.16g for Design Basis Earthquake (DBE) respectively and
the same have been recommended for major civil structures. Furthermore, NCSDP
has approved the site specific earthquake design parameters as recommended by DEQ,
IIT, Roorkee as 0.31g for MCE and 0.16g for DBE.
9.11 Rock Mechanic Laboratory Tests:
Laboratory testing of rock samples has been carried out on core samples of dam area.
The report of ATES, New Delhi is enclosed as Annexure-VI for reference. Thereafter,
additional Lab testings were also conducted in saturated conditions as suggested at the
time of accord of TEC. Report of ATES, New Delhi is available for reference.

10.0 CLIMATE AND WORKING PERIOD


Climate of Kishtwar is sub-temperate in nature. It resembles more or less with that of
Kashmir especially considering distribution of rainfall. The temperature variation in
project area swings from extreme cold in winter to moderate cold in summer. During
winter, upper reaches of the most part of the project area are covered by snow and
temperature remains much below the freezing point throughout the winter. In dam
site area the maximum & minimum temperature (provision for variance to be made)
are 35oC & (-) 2oC and lower.
83

11.0 Precipitation Characteristics


The basin receives precipitation round the year. However, two distinct seasons can be
discerned:
1. Dec - May: Rainfall is mostly in the form of snow except in May when the
snowfall is confined to higher altitudes
2. July - Oct: Rainfall is due to monsoon activity
3. June and Nov: Months of least precipitation
The rain gauge spread obviously is non-representative of the catchment’s
precipitation pattern. Average rainfall and snowfall in Marusudar basin is
worked out as 739.1 mm and 495.4 mm respectively.
84

List of Drawings

Sl. No Description Drawing No.

1 Vicinity map Plate 1


2 General layout schematic diagram Plate 2
3 Dam complex general arrangement Plate 3
4 Concrete face rock fill dam – cross section Plate 4
5 Geological plan of dam area with updated Plate 8.1
exploration
6 Geological section along upstream plinth of dam Plate 8.2
7 Geological section along dam and spillway axis Plate 8.3
8 Geological profile along Plate 8.4
coffer dam
85
86
87
88
89
90
91
92
93

PART III

Section 9. Conditions of Contract and Contract Forms

TIME-BASED FORM OF CONTRACT


94

STANDARD FORM OF CONTRACT

Consultant’s Services
Time-Based
95

Contents
Preface 97
I. Form of Contract 99
II. General Conditions of Contract 101
A. GENERAL PROVISIONS 101
1.
Definitions ........................................................................................................ 101
2.
Relationship between the Parties ..................................................................... 102
3.
Law Governing Contract .................................................................................. 102
4.
Language .......................................................................................................... 103
5.
Headings ........................................................................................................... 103
6.
Communications .............................................................................................. 103
7.
Location............................................................................................................ 103
8.
Authority of Member in Charge....................................................................... 103
9.
Authorized Representatives ............................................................................. 103
10.
Fraud and Corruption ....................................................................................... 103
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT 104
11.
Effectiveness of Contract ................................................................................. 104
12.
Termination of Contract for Failure to Become Effective ............................... 104
13.
Commencement of Services ............................................................................. 104
14.
Expiration of Contract ...................................................................................... 104
15.
Entire Agreement ............................................................................................. 104
16.
Modifications or Variations ............................................................................. 104
17.
Force Majeure .................................................................................................. 104
18.
Suspension ....................................................................................................... 106
19.
Termination ...................................................................................................... 106
C. OBLIGATIONS OF THE CONSULTANT 108
20.
General ............................................................................................................. 108
21.
Conflict of Interest ........................................................................................... 109
22.
Confidentiality ................................................................................................. 110
23.
Liability of the Consultant ............................................................................... 110
24.
Insurance to be taken out by the Consultant .................................................... 110
25.
Accounting, Inspection and Auditing .............................................................. 111
26.
Reporting Obligations ...................................................................................... 111
27.
Proprietary Rights of the Client in Reports and Records ................................. 111
28.
Equipment, Vehicles and Materials ................................................................. 111
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS 112
29. Description of Key Experts .............................................................................. 112
30. Replacement of Key Experts ............................................................................ 112
31. Approval of Additional Key Experts ............................................................... 113
32. Removal of Experts or Sub-consultants ........................................................... 113
33. Replacement/ Removal of Experts – Impact on Payments .............................. 113
96

34.
Working Hours, Overtime, Leave, etc. .............................................................113
E. OBLIGATIONS OF THE CLIENT 114
35.
Assistance and Exemptions...............................................................................114
36.
Access to Project Site........................................................................................114
37.
Change in the Applicable Law Related to Taxes and Duties ............................115
38.
Services, Facilities and Property of the Client ..................................................115
39.
Counterpart Personnel .......................................................................................115
40.
Payment Obligation ..........................................................................................116
F. PAYMENTS TO THE CONSULTANT 116
41.
Ceiling Amount .................................................................................................116
42.
Remuneration and Reimbursable Expenses ......................................................116
43.
Taxes and Duties ...............................................................................................116
44.
Currency of Payment ........................................................................................117
45.
Mode of Billing and Payment ...........................................................................117
46.
Interest on Delayed Payments ...........................................................................118
G. FAIRNESS AND GOOD FAITH 118
47. Good Faith ........................................................................................................118
H. SETTLEMENT OF DISPUTES 118
48. Amicable Settlement .........................................................................................118
49. Dispute Resolution ............................................................................................118
III. Special Conditions of Contract 121
IV. Appendices 129
Appendix A – Terms of Reference ..................................................................................129
Appendix B - Key Experts .........................................................................................130129
Appendix C – Bill of Items ..............................................................................................131
Appendix D - Form of Performance Guarantee ...............................................................133
97

Preface
1. The standard Contract form consists of four parts: the Form of Contract to be signed by the
Client and the Consultant, the General Conditions of Contract (GCC), including Attachment
1 Corrupt, Fraudulent, Collusive and Coercive Practices ; the Special Conditions of Contract
(SCC); and the Appendices.

The General Conditions of Contract, including Attachment 1 on Corrupt, Fraudulent,


Collusive and Coercive Practices shall not be modified. The Special Conditions of Contract
that contain clauses specific to each Contract intend to supplement.
98

C ONTRACT FOR C ONSULTANT’S SERVICES


Time-Based

Project Name ___________________________

Assignment Title: __________________________

Contract No. ____________________________

between

[Name of the Client]

and

[Name of the Consultant]

Dated:
99

I. Form of Contract
T IME-BASED
(Text in brackets [ ] is optional; all notes should be deleted in the final text)

This CONTRACT (hereinafter called the “Contract”) is made the [number] day of the month
of [month], [year], between, on the one hand, [name of Client or Recipient] (hereinafter called
the “Client”) and, on the other hand, [name of Consultant] (hereinafter called the
“Consultant”).

[If the Consultant consist of more than one entity, the above should be partially amended to
read as follows: “…(hereinafter called the “Client”) and, on the other hand, a Joint Venture
(name of the JV) consisting of the following entities, each member of which will be jointly and
severally liable to the Client for all the Consultant’s obligations under this Contract, namely,
[name of member] and [name of member] (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;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:

(a) The General Conditions of Contract (including Attachment 1 “Fraud and


Corruption”;
(b) The Special Conditions of Contract;
(c) Information for Consultants (IFC)
(d) Appendices:

Appendix A: Terms of Reference


Appendix B: Key Experts
Appendix C: Bill of Items
Appendix D: Form of Performance Bank Guarantee

In the event of any inconsistency between the documents, the following order of
precedence shall prevail: the Special Conditions of Contract; the General Conditions
100

of Contract, including Attachment 1; Appendix A; Appendix B; Appendix C; Appendix


D;; and Information for Consultant (IFC). Any reference to this Contract shall include,
where the context permits, a reference to its Appendices.

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
(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.

For and on behalf of [Name of Client]

[Authorized Representative of the Client – name, title and signature]

For and on behalf of [Name of Consultant or Name of a Joint Venture]

[Authorized Representative of the Consultant – name and signature]

[For a joint venture, either all members shall sign or only the lead member, in which case
the power of attorney to sign on behalf of all members shall be attached.]

For and on behalf of each of the members of the Consultant [insert the name of the Joint
Venture]

[Name of the lead member]

[Authorized Representative on behalf of a Joint Venture]

[add signature blocks for each member if all are signing]


101

III. General Conditions of Contract


A. G ENERAL P ROVISIONS
1. Definitions 1.1. Unless the context otherwise requires, the following terms
whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having
the force of law in the Client’s country, or in such other country as
may be specified in the Special Conditions of Contract (SCC), as
they may be issued and in force from time to time.
(b) “Client” means Chenab Valley Power Projects (P) Limited
(CVPPL), the implementing agency that signs the Contract for the
Services with the Selected Consultant.
(c) “NHPC” means NHPC Limited, a Public Sector Enterprise of Govt.
of India, having its registered office at Faridabad, Haryana, India is
the Design Consultant of the Client i.e. CVPPL for Pakal Dul HE
Project, J&K, India (hereinafter referred to as “Client’s Design
Consultant") and wishes to receive bids on behalf of Client for the
Consultancy Services, as described in this Document.
(d) “Consultant” means a legally-established professional consulting
firm or entity selected by the Client to provide the Services under
the signed Contract.
(e) “Contract” means the legally binding written agreement signed
between the Client and the Consultant and which includes all the
attached documents listed in its paragraph 1 of the Form of Contract
(the General Conditions (GCC), the Special Conditions (SCC), and
the Appendices).
(f) “Day” means a calendar day unless indicated otherwise.
(g) “Effective Date” means the date on which this Contract comes into
force and effect pursuant to Clause GCC 11.
(h) “Experts” means, collectively, Key Experts, Non-Key Experts, or
any other personnel of the Consultant, JV member(s) assigned by
the Consultant to perform the Services or any part thereof under the
Contract.
(i) “Foreign Currency” means any currency other than the currency of
the Client’s country.
(j) “GCC” means these General Conditions of Contract.
102

(k) “Government” means the government of the Client’s country.


(l) “Joint Venture (JV)” means an association with or without a legal
personality distinct from that of its members, of more than one
entity where one member has the authority to conduct all businesses
for and on behalf of any and all the members of the JV, and where
the members of the JV are jointly and severally liable to the Client
for the performance of the Contract.
(m) “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
Curricula Vitae (CV) was taken into account in the technical
evaluation of the Consultant’s proposal.
(n) “Local Currency” means the currency of the Client’s country.
(o) “Non-Key Expert(s)” means an individual professional provided by
the Consultant to perform the Services or any part thereof under the
Contract.
(p) “Party” means the Client or the Consultant, as the case may be, and
“Parties” means both of them.
(q) “Performance Security” means the security or securities if any under
sub-clause 20.1.
(r) “SCC” means the Special Conditions of Contract by which the GCC
may be amended or supplemented but not over-written.
(s) “Services” means the work to be performed by the Consultant
pursuant to this Contract, as described in Appendix A hereto.
(t) “Sub-consultants” means an entity to whom/which the Consultant
subcontracts any part of the Services while remaining solely liable
for the execution of the Contract.
(u) “Third Party” means any person or entity other than the Government,
the Client, the Consultant.
2. Relationship 2.1. Nothing contained herein shall be construed as establishing a
between the relationship of master and servant or of principal and agent as between
Parties the Client and the Consultant. The Consultant, subject to this Contract,
has complete charge of the Experts performing the Services and shall be
fully responsible for the Services performed by them or on their behalf
hereunder.
3. Law Governing 3.1. This Contract, its meaning and interpretation, and the relation
Contract between the Parties shall be governed by the Applicable Law.
103

4. Language 4.1. This Contract has been 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.
5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this
Contract.
6. Communications 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
Clause GCC 4. Any such notice, request or consent shall be deemed to
have been given or made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or
when sent to such Party at the address specified in the SCC.

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.
7. Location 7.1. The Services shall be performed at such locations as are specified
in Appendix A hereto and, where the location of a particular task is not
so specified, at such locations, whether in the Consultant’s country,
Client’s country or elsewhere, as the Client may approve.

8. Authority of 8.1. In case the Consultant is a Joint Venture, the members hereby
Member in authorize the member specified in the SCC to act on their behalf in
Charge exercising all the Consultant’s rights and obligations towards the Client
under this Contract, including without limitation the receiving of
instructions and payments from the Client.

9. Authorized 9.1. Any action required or permitted to be taken, and any document
Representatives required or permitted to be executed under this Contract by the Client or
the Consultant may be taken or executed by the officials specified in the
SCC.

10. Fraud and 10.1 Client requires compliance with the Clients’ Anti-Corruption
Corruption Guidelines and its prevailing sanctions policies and procedures as set forth
in Attachment 1 to the GCC.

a. Commissions and 10.2 The Client requires the Consultant to disclose any commissions or
Fees fees that may have been paid or are to be paid to agents or any other party
with respect to the selection process or execution of the Contract. The
information disclosed must include at least the name and address of the
agent or other party, the amount and currency, and the purpose of the
commission, gratuity or fee. Failure to disclose such commissions,
gratuities or fees may result in termination of the Contract and/or sanctions
by the Client.
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B. C OMMENCEMENT , C OMPLETION, M ODIFICATION AND T ERMINATION OF


C ONTRACT
11. Effectiveness of 11.1. This Contract shall come into force and effect on the date (the
Contract “Effective Date”) of the Client’s notice to the Consultant instructing
the Consultant to begin carrying out the Services. This notice shall
confirm that the effectiveness conditions, if any, listed in the SCC
have been met.
12. Termination of 12.1. If this Contract has not become effective within such time
Contract for period after the date of Contract signature as specified in the SCC,
Failure to Become either Party may, by not less than twenty two (22) days written notice
Effective to the other Party, declare this Contract to be null and void, and in the
event of such a declaration by either Party, neither Party shall have
any claim against the other Party with respect hereto.
13. Commencement 13.1. The Consultant shall confirm availability of Key Experts and
of Services begin carrying out the Services not later than the number of days after
the Effective Date specified in the SCC.
14. Expiration of 14.1. Unless terminated earlier pursuant to Clause GCC 19 hereof,
Contract this Contract shall expire at the end of such time period after the
Effective Date as specified in the SCC or unless extended further as
per GCC Clause 16.
15. Entire Agreement 15.1. This Contract contains all covenants, stipulations and
provisions agreed by the Parties. No agent or representative of either
Party has authority to make, and the Parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not
set forth herein.
16. Modifications or 16.1. Any modification or variation of the terms and conditions of
Variations 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.

17. Force Majeure


a. Definition 17.1. For the purposes of this Contract, “Force Majeure” means an
event which is beyond the reasonable control of a Party, is not
foreseeable, is unavoidable, and makes a Party’s performance of its
obligations hereunder impossible or so impractical as reasonably to
be considered impossible under the circumstances, and subject to
those requirements, includes, but is not limited to, war, riots, civil
disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action
confiscation or any other action by Government agencies.
105

17.2. 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 to both take into account
at the time of the conclusion of this Contract, and avoid or overcome
in the carrying out of its obligations hereunder.

17.3. Force Majeure shall not include insufficiency of funds or


failure to make any payment required hereunder.

b. No Breach of 17.4. The failure of a Party to fulfill any of its obligations hereunder
Contract shall not be considered to be a breach of, or default under, this
Contract insofar as such inability arises from an event of Force
Majeure, provided that the Party affected by such an event has taken
all reasonable precautions, due care and reasonable alternative
measures, all with the objective of carrying out the terms and
conditions of this Contract.

c. Measures to 17.5. A Party affected by an event of Force Majeure shall continue


be Taken to perform its obligations under the Contract as far as is reasonably
practical and shall take all reasonable measures to minimize the
consequences of any event of Force Majeure.

17.6. A Party affected by an event of Force Majeure shall notify the


other Party of such event as soon as possible, and in any case not later
than fourteen (14) calendar days following the occurrence of such
event, providing evidence of the nature and cause of such event, and
shall similarly give written notice of the restoration of normal
conditions as soon as possible.

17.7. Any period within which a Party shall, pursuant to this


Contract, complete any action or task, shall be extended for a period
equal to the time during which such Party was unable to perform such
action as a result of Force Majeure.

17.8. During the period of their inability to perform the Services as


a result of an event of Force Majeure, the Consultant, upon
instructions by the Client, shall either:
(a) demobilize, in which case the Consultant shall be
reimbursed for additional costs they reasonably and
necessarily incurred, and, if required by the Client, in
reactivating the Services; or
(b) continue with the Services to the extent reasonably possible,
in which case the Consultant shall continue to be paid under
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the terms of this Contract and be reimbursed for additional


costs reasonably and necessarily incurred.
17.9. In the case of disagreement between the Parties as to the
existence or extent of Force Majeure, the matter shall be settled
according to Clauses GCC 48 & 49.

18. Suspension 18.1. The Client may, by written notice of suspension to the
Consultant, suspend all payments to the Consultant hereunder if 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 (i) shall specify the nature of the failure, and (ii) shall
request the Consultant to remedy such failure within a period not
exceeding thirty (30) calendar days after receipt by the Consultant of
such notice of suspension.
19. Termination 19. 1 This Contract may be terminated by either Party as per
provisions set up below:
a. By the Client 19.1.1 The Client may terminate this Contract in case of the
occurrence of any of the events specified in paragraphs (a)
through (f) of this Clause. In such an occurrence the Client
shall give at least thirty (30) calendar days’ written notice of
termination to the Consultant in case of the events referred to in
(a) through (d); at least sixty (60) calendar days’ written notice
in case of the event referred to in (e); and at least five (5)
calendar days’ written notice in case of the event referred to in
(f):
(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 18;
(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 49.1;
(d) If, as the result of Force Majeure, the Consultant is unable
to perform a material portion of the Services for a period
of not less than ninety (90) calendar days;
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(e) If the Client, in its sole discretion and for any reason
whatsoever, decides to terminate this Contract;
(f) If the Consultant fails to confirm availability of Key
Experts as required in Clause GCC 13.
19.1.2 if the Consultant, in the judgment of the Client has
engaged in Fraud and Corruption, as defined in paragraph 2.2 a
of the Attachement 1 to the GCC, in competing for or in executing
the Contract, then the Client may, after giving fourteen (14)
calendar days written notice to the Consultant, terminate the
Consultant's employment under the Contract.
b. By the 19.1.3 The Consultant may terminate this Contract, by not less
Consultant than thirty (30) calendar days’ written notice to the Client, in
case of the occurrence of any of the events specified in
paragraphs (a) through (d) of this Clause.
(a) If the Client fails to pay any money due to the Consultant
pursuant to this Contract and not subject to dispute pursuant
to Clauses GCC 49.1 within forty-five (45) calendar days
after receiving written notice from the Consultant that such
payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable
to perform a material portion of the Services for a period of
not less than ninety ( 90) calendar days.
(c) If the Client fails to comply with any final decision reached
as a result of arbitration pursuant to Clause GCC 49.1.
(d) If the Client is in material breach of its obligations pursuant
to this Contract and has not remedied the same within forty-
five (45) days (or such longer period as the Consultant may
have subsequently approved in writing) following the
receipt by the Client of the Consultant’s notice specifying
such breach.
c. Cessation of 19.1.4 Upon termination of this Contract pursuant to Clauses
Rights and GCC 12 or GCC 19 hereof, or upon expiration of this Contract
Obligations pursuant to Clause GCC 14, all rights and obligations of the
Parties hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of termination or
expiration, (ii) the obligation of confidentiality set forth in
Clause GCC 22, (iii) the Consultant’s obligation to permit
inspection, copying and auditing of their accounts and records
set forth in Clause GCC 25 and to cooperate and assist in any
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inspection or investigation, and (iv) any right which a Party may


have under the Applicable Law.
d. Cessation of 19.1.5 Upon termination of this Contract by notice of either
Services Party to the other pursuant to Clauses GCC 19a or GCC 19b, the
Consultant shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in
a prompt and orderly manner and shall make every reasonable
effort to keep expenditures for this purpose to a minimum. With
respect to documents prepared by the Consultant and equipment
and materials furnished by the Client, the Consultant shall
proceed as provided, respectively, by Clauses GCC 27 or GCC
28.
e. Payment 19.1.6 Upon termination of this Contract, the Client shall
upon make the following payments to the Consultant:
Termination
(a) remuneration for Services satisfactorily performed prior to
the effective date of termination, and reimbursable
expenditures for expenditures actually incurred prior to the
effective date of termination; and pursuant to Clause GCC
42;
(b) in the case of termination pursuant to paragraphs (d) and (e)
of Clause GCC 19.1.1, reimbursement of any reasonable
cost incidental to the prompt and orderly termination of this
Contract, including the cost of the return travel of the
Experts.

C. OBLIGATIONS OF THE C ONSULTANT


20. General
a. Standard of 20.1 The Consultant shall perform the Services and carry out the
Performance Services with all due diligence, efficiency and economy, in accordance
with generally accepted professional standards and practices, and shall
observe sound management practices, and employ appropriate
technology and safe and effective equipment, machinery, materials and
methods. The Consultant shall always act, in respect of any matter
relating to this Contract or to the Services, as a faithful adviser to the
Client, and shall at all times support and safeguard the Client’s
legitimate interests in any dealings with the third parties.

b. Performance 20.2 The Consultant shall obtain (at his cost) a Performance Security
Security for proper performance, as stated in the SCC. The Client shall return
the Performance Security to the Consultant within one month after the
Final Payment.
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20.3 The Consultant shall employ and provide such qualified and
experienced Experts and Sub-consultants as are required to carry out
the Services.
20.4 The Consultant may get executed part of the Services to an
extent and with such Key Experts as may be approved in advance by
the Client. Notwithstanding such approval, the Consultant shall retain
full responsibility for the Services.
c. Law 20.5 The Consultant shall perform the Services in accordance with
Applicable to the Contract and the Applicable Law and shall take all practicable steps
Services to ensure that any of its Experts and Sub-consultants, comply with the
Applicable Law.
20.6 Throughout the execution of the Contract, the Consultant shall
comply with the import of goods and services prohibitions in the
Client’s country when
(a) as a matter of law or official regulations, the client’s
country prohibits commercial relations with that country;
or
(b) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the client’s Country
prohibits any import of goods from that country or any
payments to any country, person, or entity in that country.
20.7 The Client shall notify the Consultant in writing of relevant
local customs, and the Consultant shall, after such notification, respect
such customs.
21. Conflict of Interest 21.1 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.
a. Consultant 21.1.1 The payment of the Consultant pursuant to GCC F
Not to Benefit (Clauses GCC 41 through 46) shall constitute the Consultant’s
from only payment in connection with this Contract and, subject to
Commissions, Clause GCC 21.1.3, the Consultant shall not accept for its own
Discounts, etc. 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 any Sub-consultants, as well as
the Experts and agents of either of them, similarly shall not
receive any such additional payment.
21.1.2 Furthermore, if the Consultant, as part of the Services,
has the responsibility of advising the Client on the procurement
110

of goods, works or services, the Consultant shall at all times


exercise such responsibility in the best interest of the Client. Any
discounts or commissions obtained by the Consultant in the
exercise of such procurement responsibility shall be for the
account of the Client.
b. Consultant 21.1.3 The Consultant agrees that, during the term of this
and Affiliates Contract and after its termination, the Consultant and any entity
Not to Engage affiliated with the Consultant, as well as any key expert and any
in Certain entity affiliated with such Sub-consultants, shall be disqualified
Activities from providing goods, works or non-consulting services
resulting from or directly related to the Consultant’s Services for
the preparation or implementation of the project.
c. Prohibition of 21.1.4 The Consultant shall not engage and shall cause its
Conflicting Experts not to engage, either directly or indirectly, in any
Activities business or professional activities that would conflict with the
activities assigned to them under this Contract. This shall also
include any engagement with Contractor or Contractor’s
Consultant engaged by CVPPL for execution of CFRD of Pakal
Dul HE Project.
d. Strict Duty to 21.1.5 The Consultant has an obligation and shall ensure that
Disclose its Experts and Sub-consultants shall have an obligation to
Conflicting disclose any situation of actual or potential conflict that impacts
Activities 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 disqualification of the
Consultant or the termination of its Contract.
22. Confidentiality 22.1 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.
23. Liability of the 23.1 Subject to additional provisions, if any, set forth in the SCC, the
Consultant Consultant’s liability under this Contract shall be as determined under
the Applicable Law.
24. Insurance to be 24.1 The Consultant (i) shall take out and maintain, and shall cause
taken out by the any key expert to take out and maintain, at its own cost but on terms
Consultant and conditions approved by the Client, insurance against the risks, and
for the coverage specified in the SCC, and (ii) at the Client’s request,
shall provide evidence to the Client showing that such insurance has
been taken out and maintained and that the current premiums therefore
111

have been paid. The Consultant shall ensure that such insurance is in
place prior to commencing the Services as stated in Clause GCC 13.
25. Accounting, 25.1 The Consultant shall keep and shall make all reasonable efforts
Inspection and to cause its key expert to keep, accurate and systematic accounts and
Auditing records in respect of the Services in such form and detail as will clearly
identify relevant time changes and costs.
25.2. Pursuant to paragraph 2.2 e. of Appendix to the General
Conditions the Consultant shall permit the Client and/or persons
appointed by the Client to inspect the Site and/or the accounts and
records relating to the performance of the Contract.
26. Reporting 26.1 The Consultant shall submit to the Client the reports and
Obligations documents specified in Appendix A, in the form, in the numbers and
within the time periods set forth in the said Appendix failing which,
the Client shall impose Delay Damages as set forth in the Special
Conditions of Contract.
27. Proprietary Rights 27.1 Unless otherwise indicated in the SCC, all reports and relevant
of the Client in data and information such as maps, diagrams, plans, databases, other
Reports and documents and software, supporting records or material compiled or
Records prepared by the Consultant for the Client in the course of the Services
shall be confidential and become and remain the absolute property of
the Client. The Consultant shall, not later than upon termination or
expiration of this Contract, deliver all such documents to the Client,
together with a detailed inventory thereof. The Consultant may retain
a copy of such documents, data and/or software but shall not use the
same for purposes unrelated to this Contract without prior written
approval of the Client.
27.2 If license agreements are necessary or appropriate between the
Consultant and third parties for purposes of development of the plans,
drawings, specifications, designs, databases, other documents and
software, the Consultant shall obtain the Client’s prior written approval
to such agreements, and the Client shall be entitled at its discretion to
require recovering the expenses related to the development of the
program(s) concerned. Other restrictions about the future use of these
documents and software, if any, shall be specified in the SCC.
28. Equipment, 28.1 Equipment, vehicles and materials made available to the
Vehicles and Consultant by the Client, or purchased by the Consultant wholly or
Materials partly with funds provided by the Client, shall be the property of the
Client and shall be marked accordingly. Upon termination or
expiration of this Contract, the Consultant shall make available to the
Client an inventory of such equipment, vehicles and materials and shall
dispose of such equipment, vehicles and materials in accordance with
the Client’s instructions. While in possession of such equipment,
112

vehicles and materials, the Consultant, unless otherwise instructed by


the Client in writing, shall insure them at the expense of the Client in
an amount equal to their full replacement value.
28.2 Any equipment or materials brought by the Consultant or its
Experts into the Client’s country for the use either for the project or
personal use shall remain the property of the Consultant or the Experts
concerned, as applicable.

D. C ONSULTANT ’S E XPERTS AND SUB-C ONSULTANTS


29. Description of Key 29.1 The title, agreed job description, minimum qualification and
Experts time-input estimates to carry out the Services of each of the
Consultant’s Key Experts are described in Appendix B.
29.2 If required to comply with the provisions of Clause GCC 20a,
adjustments with respect to the estimated time-input of Key Experts
set forth in Appendix B may be made by the Consultant by a written
notice to the Client, provided (i) that such adjustments shall not alter
the original time-input estimates for any individual by more than 10%
or one week, whichever is larger; and (ii) that the aggregate of such
adjustments shall not cause payments under this Contract to exceed
the ceilings set forth in Clause GCC 41.2.
29.3 If additional work is required beyond the scope of the Services
specified in Appendix A, the estimated time-input for the Key Experts
may be increased by agreement in writing between the Client and the
Consultant. In case where payments under this Contract exceed the
ceilings set forth in Clause GCC 41.1, the Parties shall sign a Contract
amendment.
30. Replacement of Key 30.1 Except as the Client may otherwise agree in writing, no
Experts changes shall be made in the Key Experts.
30.2 Notwithstanding the above, the substitution of Key Experts
during Contract execution may be considered only based on the
Consultant’s written request and due to circumstances outside the
reasonable control of the Consultant, including but not limited to death
or medical incapacity.. Such Key Experts shall be engaged after
approval of Client.
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31. Approval of 31.1 If during execution of the Contract, additional Key Experts
Additional Key are required to carry out the Services, the Consultant shall submit to
Experts the Client for review and approval a copy of their Curricula Vitae
(CVs). If the Client does not object in writing (stating the reasons for
the objection) within twenty two (22) days from the date of receipt of
such CVs, such additional Key Experts shall be deemed to have been
approved by the Client.
The rate of remuneration payable to such new additional Key Experts
shall be based on the rates for other Key Experts position which
require similar qualifications and experience.

32. Removal of Experts 32.1 If the Client finds that any of the Experts has committed
or Sub-consultants serious misconduct or has been charged with having committed a
criminal action, or if the Client determines that a Consultant’s Expert
has engaged in Fraud and Corruption while performing the Services,
the Consultant shall, at the Client’s written request, provide a
replacement.
32.2 In the event that any of Key Experts, Non-Key Experts is found
by the Client to be incompetent or incapable in discharging assigned
duties, the Client, specifying the grounds therefore, may request the
Consultant to provide a replacement.
32.3 Any replacement of the removed Experts shall possess better
qualifications and experience and shall be acceptable to the Client.
33. Replacement/ 33.1 Except as the Client may otherwise agree, (i) the Consultant
Removal of Experts shall bear all additional travel and other costs arising out of or
– Impact on incidental to any removal and/or replacement, and (ii) the
Payments remuneration to be paid for any of the Experts provided as a
replacement shall not exceed the remuneration which would have been
payable to the Experts replaced or removed.
34. Working Hours, 34.1 Working hours for Experts are set forth in Appendix B. To
Overtime, Leave, account for travel time to/from the Client’s country, experts carrying
etc. out Services inside the Client’s country shall be deemed to have
commenced or finished work in respect of the Services such number
of days before their arrival in, or after their departure from, the Client’s
country as is specified in Appendix B.
34.2 The Experts shall not be entitled to be paid for overtime nor to
take paid sick leave or vacation leave except as specified in Appendix
B, and the Consultant’s remuneration shall be deemed to cover these
items.
34.3 Any taking of leave by Key Experts shall be subject to the prior
approval by the Consultant who shall ensure that absence for leave
114

purposes will not delay the progress and or impact adequate


supervision of the Services.

E. OBLIGATIONS OF THE C LIENT


35. Assistance and 35.1 Unless otherwise specified in the SCC, the Client shall use its
Exemptions best efforts to:
(a) Assist the Consultant with obtaining work permits and such other
documents as shall be necessary to enable the Consultant to
perform the Services.
(b) Assist the Consultant with promptly obtaining, for the Experts
and, if appropriate, their eligible dependents, all necessary entry
and exit visas, residence permits, exchange permits and any other
documents required for their stay in the Client’s country while
carrying out the Services under the Contract.
I Facilitate prompt clearance through customs of any property
required for the ServicesI(c) Issue to officials, agents and
representatives of the Government all such instructions and
information as may be necessary or appropriate for the prompt
and effective implementation of the Services.
(d) Assist the Consultant and the Experts employed by the
Consultant for the Services with obtaining exemption from any
requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a
corporate entity in the Client’s country according to the
applicable law in the Client’s country.
(e) Assist the Consultant, and the Experts of either of them with
obtaining the privilege, pursuant to the applicable law in the
Client’s country, of bringing into the Client’s country reasonable
amounts of foreign currency for the purposes of the Services or
for the personal use of the Experts and of withdrawing any such
amounts as may be earned therein by the Experts in the execution
of the Services.
(f) Provide to the Consultant any such other assistance as may be
specified in the SCC.
36. Access to Project 36.1 The Client warrants that the Consultant shall have, free of
Site charge, unimpeded access to the project site in respect of which access
is required for the performance of the Services.
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37. Change in the 37.1 If, after the date of this Contract, there is any change in the
Applicable Law applicable law in the Client’s country with respect to taxes and duties
Related to Taxes applicable on Services (excluding Income Tax), which increases or
and Duties decreases the cost incurred by the Consultant in performing the
Services, then the remuneration and reimbursable expenses otherwise
payable to the Consultant under this Contract shall be increased or
decreased accordingly by agreement between the Parties hereto, and
corresponding adjustments shall be made to the ceiling amounts
specified in Clause GCC 41.1
38. Services, Facilities 38.1 The Client shall make available to the Consultant and the
and Property of the Experts, for the purposes of the Services and free of any charge, the
Client services, facilities and property described in the Terms of Reference
(Appendix A) at the times and in the manner specified in said
Appendix A.
38.2 In case that such services, facilities and property shall not be
made available to the Consultant as and when specified in Appendix
A, the Parties shall agree on (i) any time 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 to the Consultant as a result
thereof pursuant to Clause GCC 41.3.
39. Counterpart 39.1 The Client shall make available to the Consultant free of
Personnel charge such professional and support counterpart personnel, to be
nominated by the Client with the Consultant’s advice, if specified in
Appendix A.
39.2 If counterpart personnel are not provided by the Client to the
Consultant as and when specified in Appendix A, the Client and the
Consultant shall agree on (i) how the affected part of the Services shall
be carried out, and (ii) the additional payments, if any, to be made by
the Client to the Consultant as a result thereof pursuant to Clause GCC
41.3.
39.3 Professional and support counterpart personnel, excluding
Client’s liaison personnel, shall work under the exclusive direction of
the Consultant. If any member of the counterpart personnel fails to
perform adequately any work assigned to such member by the
Consultant that is consistent with the position occupied by such
member, the Consultant may request the replacement of such
member, and the Client shall not unreasonably refuse to act upon such
request.
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40. Payment 40.1 In consideration of the Services performed by the Consultant


Obligation under this Contract, the Client shall make such payments to the
Consultant and in such manner as is provided by GCC F below.

F. PAYMENTS TO THE C ONSULTANT


41. Ceiling Amount 41.1 An estimate of the cost of the Services is set forth in Appendix
C.

41.2 Payments under this Contract shall not exceed the ceilings in
foreign currency and in local currency specified in the SCC.

41.3 For any payments in excess of the ceilings specified in


GCC41.2, an amendment to the Contract shall be signed by the Parties
referring to the provision of this Contract that evokes such amendment.

42. Remuneration and 42.1 The Client shall pay to the Consultant (i) remuneration that shall
Reimbursable be determined on the basis of time actually spent by each Expert in the
Expenses performance of the Services after the date of commencing of Services
or such other date as the Parties shall agree in writing; and (ii)
reimbursable expenses as per Bill of Items that are actually and
reasonably incurred by the Consultant in the performance of the
Services.

42.2 All payments shall be at the rates set forth in Appendix C.

42.3 Unless the SCC provides for the price adjustment of the
remuneration rates, said remuneration shall be fixed for the duration
of the Contract.

42.4 The remuneration rates shall cover: (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 (bonuses or other
means of profit-sharing shall not be allowed as an element of
overheads), (ii) the cost of backstopping by home office staff not
included in the Experts’ list in Appendix B, (iii) the Consultant’s
profit, and (iv) any other items as specified in the SCC.

43. Taxes and Duties 43.1 The Consultantand Experts are responsible for meeting any
and all tax liabilities arising out of the Contract unless it is stated
otherwise in the SCC.
43.2 As an exception to the above and as stated in the SCC, all local
identifiable indirect taxes (itemized and finalized at Contract
117

negotiations) are reimbursed to the Consultant or are paid by the Client


on behalf of the Consultant.
44. Currency of 44.1 Any payment under this Contract shall be made in the
Payment currency(ies) specified in the SCC.
45. Mode of Billing and 45.1 Billings and payments in respect of the Services shall be made
Payment as follows:
(a) Advance payment. Not applicable.
(b) The Itemized Invoices. As soon as practicable and not later than
fifteen (15) days after the end of each calendar month during the
period of the Services, or after the end of each time interval
otherwise indicated in the SCC, the Consultant shall submit to
the Client, in duplicate, itemized invoices, accompanied by the
receipts or other appropriate supporting documents, of the
amounts payable pursuant to Clauses GCC 44 and GCC 45 for
such interval, or any other period indicated in the SCC. Separate
invoices shall be submitted for expenses incurred in foreign
currency and in local currency. Each invoice shall show
remuneration and reimbursable expenses separately.
(c) The Client shall pay the Consultant’s invoices within forty-five
(45) days after the receipt by the Client of such itemized invoices
with supporting documents. Only such portion of an invoice that
is not satisfactorily supported may be withheld from payment.
Should any discrepancy be found to exist between actual
payment and costs authorized to be incurred by the Consultant,
the Client may add or subtract the difference from any
subsequent payments.
(d) The Final Payment. The final payment under this Clause shall be
made only after the final report and a final invoice, identified as
such, shall have been submitted by the Consultant and approved as
satisfactory by the Client. The Services shall be deemed completed
and finally accepted by the Client and the final report and final
invoice shall be deemed approved by the Client as satisfactory
ninety (90) calendar days after receipt of the final report and final
invoice by the Client unless the Client, within such ninety (90)
calendar day period, gives written notice to the Consultant
specifying in detail deficiencies in the Services, the final report or
final invoice. The Consultant shall thereupon promptly make any
necessary corrections, and thereafter the foregoing process shall
be repeated. Any amount that the Client has paid or has caused
to be paid in accordance with this Clause in excess of the
amounts payable in accordance with the provisions of this
Contract shall be reimbursed by the Consultant to the Client
118

within thirty (30) 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 receipt by the
Client of a final report and a final invoice approved by the Client
in accordance with the above.
(e) All payments under this Contract shall be made to the accounts
of the Consultant specified in the SCC.
(f) With the exception of the final payment under (d) above,
payments do not constitute acceptance of the Services nor relieve
the Consultant of any obligations hereunder.
46. Interest on Delayed 46.1 If the Client had delayed payments beyond fifteen (15) days
Payments after the due date stated in Clause GCC 45.1 (c), interest shall be paid
to the Consultant on any amount due by, not paid on, such due date for
each day of delay at the annual rate stated in the SCC.

G. FAIRNESS AND G OOD FAITH


47. Good Faith 47.1 The Parties undertake to act in good faith with respect to each
other’s rights under this Contract and to adopt all reasonable measures
to ensure the realization of the objectives of this Contract.

H. SETTLEMENT OF DISPUTES
48. Amicable 48.1 The Parties shall seek to resolve any dispute amicably by
Settlement mutual consultation.
48.2 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 49.1 shall apply.
49. Dispute Resolution 49.1 Any dispute between the Parties arising under or related to this
Contract that cannot be settled amicably may be referred to by either
Party to the adjudication/arbitration in accordance with the provisions
specified in the SCC.
50. General The general provisions for operation of Services under the Contract
have been specified in SCC.
119

II. General Conditions


Attachment 1
Corrupt, Fraudulent, Collusive and Coercive Practices

1. Purpose
1.1 The Client’s Anti-Corruption Guidelines and this annex apply with respect to procurement
under Bank Investment Project Financing operations.
2. Requirements
2.1 The Client requires that bidders (applicants/proposers), consultants, contractors and
suppliers; any sub-contractors, sub-consultants, service providers or suppliers; any agents
(whether declared or not); and any of their personnel, observe the highest standard of ethics
during the procurement process, selection and contract execution of contracts, and refrain
from Fraud and Corruption.
2.2 To this end, the Client:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another
party;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain
financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to
achieve an improper purpose, including to influence improperly the actions of
another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence
material to the investigation or making false statements to
investigators in order to materially impede a Client investigation into
allegations of a corrupt, fraudulent, coercive, or collusive practice;
and/or threatening, harassing, or intimidating any party to prevent it
from disclosing its knowledge of matters relevant to the investigation
or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the Client’s
inspection and audit rights provided in Contract..
b. Rejects a proposal for award if the Client determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-consultants, sub-
120

contractors, service providers, suppliers and/ or their employees, has, directly or


indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive practices
in competing for the contract in question;
c. The Client may declare a firm/Company ineligible, either indefinitely or for a stated
period of time, to be awarded a Contract if it at any time determines that the firm
/Company has engaged in corrupt or fraudulent or collusive or coercive practices in
competing for, or in executing a Contract.”

Representative of vendors, suppliers, contractors, consultants, service providers or any


other agency(ies) doing any type of business with CVPP Ltd. is expected and shall be
responsible to ensure that there is no fraudulent act being committed in their areas of
responsibility/ control. As soon as he/ she comes to know of any fraud or suspected
fraud or any other fraudulent activity must report such incident(s). Such reporting shall
be made to the designated Nodal Officer(s), nominated in Project/ Corporate Centre.
The reporting of the fraud normally should be in writing. In case the reporter is not
willing to furnish a written statement of fraud but is in a position to give sequential and
specific transaction of fraud/ suspected fraud, then the officer receiving the
information/ Nodal Officer shall record such details in writing as narrated by the
reporter.
121

III. Special Conditions of Contract


[Notes in brackets are for guidance purposes only and should be deleted in the final text of
the signed contract]

Number of GC Amendments of, and Supplements to, Clauses in the General


Clause Conditions of Contract

1.1(a) The Contract shall be construed in accordance with the law of India

4.1 The language is: ENGLISH

6.1 and 6.2 The addresses are [fill in at negotiations with the selected firm]:

Client : Chenab Valley Power Projects (P) Limited

Attention :
Facsimile :
E-mail (where permitted):

Consultant :

Attention :
Facsimile :
E-mail (where permitted) :

8.1 [Note: If the Consultant consists only of one entity, state “N/A”;
OR
If the Consultant is a Joint Venture consisting of more than one entity,
the name of the JV member whose address is specified in Clause SCC6.1
should be inserted here. ]
The Lead Member on behalf of the JV is ___________
______________________________ [insert name of the member]

9.1 The Authorized Representatives are:

For the Client: [name, title]

For the Consultant: [name, title]

11.1 The effectiveness conditions are the following: N/A

12.1 Termination of Contract for Failure to Become Effective:


The time period shall be Two Weeks
122

13.1 Commencement of Services:


The number of days shall be Ten [10].
Confirmation of Key Experts’ availability to start the Assignment shall
be submitted to the Client in writing as a written statement signed by
each Key Expert.

14.1 Expiration of Contract:


The time period shall be Fifty-Five [55] months.

20.2 The Consultant shall deliver Performance Security in the form of a bank
guarantee, as stipulated in the Appendix D,.to the Client within 28 days
of issue of Letter of Acceptance. The amount of Performance Security
shall be 5% (five percent) of the Ceiling Amount and in the types and
proportions of currency(ies) specified in the Bill of Items (Appendix C).
The performance bank guarantee for the amounts expressed in Indian
Rupees shall be issued by an Indian Nationalised / Scheduled Bank or a
Foreign Bank notified as a Scheduled Bank under the provisions of the
’Reserve Bank of India Act' through any of its Branches in India. The
bank guarantees in currencies other than INR shall be acceptable only
if these are issued by an International Bank of repute situated outside
India (to be confirmed by their Branch in India or by any Scheduled
Bank in India) or by an Authorised dealer in India as per guidelines
issued by the RBI from time to time.

23.1 “Limitation of the Consultant’s Liability towards the Client:


(a) Except in the case of gross negligence or willful misconduct on the
part of the Consultant or on the part of any person or a firm acting
on behalf of the Consultant in carrying out the Services, the
Consultant, with respect to damage caused by the Consultant to the
Client’s property, shall not be liable to the Client:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds one times the
total value of the Contract;
(b) This limitation of liability shall not
(i) affect the Consultant’s liability, if any, for damage to Third
Parties caused by the Consultant or any person or firm
acting on behalf of the Consultant in carrying out the
Services;
(ii) be construed as providing the Consultant with any limitation or
exclusion from liability which is prohibited by the Applicable Law
123

24.1 The insurance coverage against the risks shall be as follows:


(a) Professional liability insurance, with a minimum coverage of
(Total amount and currency which shall be equal to the total ceiling
amount of the Contract.)
(b) Third Party motor vehicle liability insurance in respect of motor
vehicles operated in the Client’s country by the Consultant or its
Experts, with a minimum coverage of “in accordance with the
applicable law in the Client’s country”];

(c) Third Party liability insurance, with a minimum coverage of “in


accordance with the applicable law in the Client’s country”];

(d) employer’s liability and workers’ compensation insurance in


respect of the experts in accordance with the relevant provisions
of the applicable law in the Client’s country, as well as, with
respect to such Experts, any such life, health, accident, travel or
other insurance as may be appropriate; and

(e) insurance against loss of or damage to (i) equipment purchased in


whole or in part for performance of Services under this Contract,
(ii) the Consultant’s property used in the performance of the
Services, and (iii) any documents prepared by the Consultant in
the performance of the Services.

25.1 The Consultant and all Key Experts shall maintain proper log sheet of
Time / Man days utilization for the Design and Engineering Works
performed for the Services under the Contract and shall submit monthly
report of the same to the Client.

26 Delay Damages for non-achievement/non-fulfilment of (a) to (e) and (i),


(j) listed under head ‘Deliverables’ in Appendix A – 0.01% of the
Ceiling Contract Amount per day of delay

Delay Damages for non-achievement/non-fulfilment of the Services as


a whole – 0.05% of the Ceiling Contract Amount per day of delay in
completion of Services as a whole.

27.2 [The Consultant shall not use these documents and softwarefor
purposes unrelated to this Contract without the prior written
approval of the Client.]

41.2 The ceiling in foreign currency or currencies is: as per Total Prices
indicated in Bill of Items exclusive of local indirect taxes.

The ceiling in local currency is: as per Total Prices indicated in Bill of
Items exclusive of local indirect taxes.
124

Any indirect local taxes chargeable in respect of this Contract for


the Services provided by the Consultant shall be reimbursed by the
Client to the Consultant.

42.1 1) For Part A of the Bill of Items relating to Design &


Engineering works to be executed from Consultant’s Home
Office, the payment shall be made in the currency quoted by
the Consultant as per payment schedule in Appendix C.
For Part B of Bill of Items relating to services to be provided
during Delhi / Site visit, Payment of Mandays, shall be made
at the quoted per Diem rates in the currency quoted by the
Consultant, which shall include the cost of boarding and
incidentals, for nos. of Man days of the Expatriate Consultants
utilized during visit including the travel time for the Man Days
used by the Consultant for the consultancy services and
verified by NHPC /CVPPL based on the achievement of
deliverables. The number of Man days of consultant may vary
at later stage as per the requirement of scope of works or as per
site requirement with the prior approval of CVPPL/NHPC.
2) Costs associated with the travel to Delhi/Jammu shall be paid
as costs per trip per person as per the quoted rates for the actual
number of trips made to India. Boarding and lodging at New
Delhi shall be arranged by the consultant and cost shall be paid
as per respective Item included in the Bill of Items.
3) Local travel arrangement in Delhi/Faridabad/Jammu shall be
made by CVPPL. Travel arrangement from Jammu to Pakal
Dul project site shall be done by CVPPL. At Project site,
lodging and local transport shall be arranged by CVPPL.
CVPPL shall provide lodging for the consultants during visit
to site of the appropriate standard as per availability. Cost
associated with these arrangements shall be borne by CVPPL.
4) If other projects are attended/undertaken by the consultant
during trip to India, the consultancy charges for the travel time,
external flight costs and miscellaneous costs for the trip shall
be distributed accordingly. Information to this effect shall be
submitted by the Consultant at the time of submission of Bill.

42.3 Price adjustment on the remuneration does not apply


125

43.1 and 43.2 The Client shall reimburse the Consultant, and the Key Experts any
indirect taxes, duties, fees, levies and other impositions imposed, under
the applicable law in the Client’s country, on the Consultant, and the
Key Experts in respect of:
(a) any payments whatsoever made to the Consultant, and the Key
Experts (other than nationals or permanent residents of the Client’s
country), in connection with the carrying out of the Services;
(b) any equipment, materials and supplies brought into the Client’s
country by the Consultant or Sub-consultants for the purpose of
carrying out the Services and which, after having been brought
into such territories, will be subsequently withdrawn by them;
(c) any equipment imported for the purpose of carrying out the
Services and paid for out of funds provided by the Client and
which is treated as property of the Client;
(d) any property brought into the Client’s country by the Consultant,
or the Key Experts (other than nationals or permanent residents of
the Client’s country), or the eligible dependents of such experts for
their personal use and which will subsequently be withdrawn by
them upon their respective departure from the Client’s country,
provided that:
(i) the Consultant, and Key experts shall follow the usual
customs procedures of the Client’s country in importing
property into the Client’s country; and

(ii) if the Consultant, or Key Experts do not withdraw but


dispose of any property in the Client’s country upon
which customs duties and taxes have been exempted, the
Consultant, or Experts, as the case may be, (a) shall bear
such customs duties and taxes in conformity with the
regulations of the Client’s country, or (b) shall reimburse
them to the Client if they were paid by the Client at the
time the property in question was brought into the
Client’s country.

(e) Income Tax payable in Client’s Country shall be paid and borne
by the Consultant.
(f) Taxes and duties payable outside India and Income Tax shall
be borne by Consultant.
(g) Income Tax including withholding Tax payable in Client’s
Country shall be borne by Consultant.
126

44.1 The currency [currencies] of payment shall be the following:


[list currency(ies) which should be the same as in the Financial
Proposal, Form FIN-2]

45.1(a) No Advance Payment shall be made.

45.1(b) The Consultant shall submit to the Client itemized statements at


time intervals commensurating with Payment Schedule.

45.1(e) The accounts are:


for foreign currency: [insert account].
for local currency: [insert account].

46.1 The interest rate is:


For INR
6 % per annum
For Foreign Currency
6-monthly LIBOR rate(s) per annum prevailing as on 28 days prior to
Price Bid submission date.

49 Subject to Clause 48 of these Conditions, unless settled amicably, any


dispute shall be finally settled by Arbitration. Unless otherwise agreed
by both Parties:

Any dispute or difference whatsoever arising between the parties and


of or relating to the construction, interpretation, application, meaning,
scope, operation or effect of this contract or the validity or the breach
thereof, shall be settled by arbitration in accordance with Arbitration &
Conciliation Act, 1996 and the Rules of Arbitration of Arbitration
Institution “Delhi High Court Arbitration Centre, New Delhi” . The
number of arbitrators shall be three.

The cost and expenses of Arbitration proceedings will be borne by each


party as per terms of Institution. However, the expenses incurred by each
party in connection with the preparation, presentation etc. of its
proceedings shall be borne by each party itself.

The place of Arbitration shall be New Delhi.

Performance under the Contract shall continue during the arbitration


proceedings and payments due to the Contractor by the owners shall not
be withheld, unless they are the subject matter of the arbitration
proceedings.
127

The Arbitral Tribunal shall give a written reasoned Award and the final
award by a majority of Arbitrators rendered in writing shall be binding
upon the parties.

50 1. NHPC is the main design consultant for Pakal Dul H.E. Project and
as such CFRD design consultant shall interact with the main design
consultant-NHPC for this assignment.
2. All the design Details including inputs and output files shall be
shared by the consultant with NHPC/CVPPL in soft & hard copies.
3. While undertaking design analysis himself, the consultant shall
assist NHPC also in design analysis/mathematical/numerical
modeling-based design and detailing.
4. The construction drawings shall be issued by NHPC to CVPPL and
consultant shall not be required to make construction drawings as part
of the scope of works. However, consultant shall actively associate
himself in preparation and issuance of construction drawings.
5. The test section for the CFRD including in-situ tests shall be
monitored by the consultant as per the site requirement.
6. The liquefaction potential of the foundation shall be assessed by the
consultant as per the tests and investigations already carried out so far
and suggest the remedial measures, if required.
7. All reports and relevant data and information such as maps,
diagrams, plans, databases, other documents and software, supporting
records or material complied or prepared by the consultant for the
NHPC/CVPP in the course of service shall be confidential and become
and remain the absolute property of NHPC/CVPP. The consultant shall
not later than upon termination or expiration of this contract deliver all
such documents to the client, together with a detailed inventory thereof.
The consultant may retain a copy of such documents, data but shall not
use the same for the purposes unrelated to this contract without prior
written approval of NHPC/CVPP.
8. Consultant shall furnish the necessary documents to CVPP to obtain
necessary permission to visit J&K State, India. Authorization to visit
the site, if required, shall be arranged by CVPP.
9. Consultant shall perform services related to this consultancy work in
line with Scope of work and according to deliverable & services.
10. Statement of Man power utilized shall be submitted by the
consultant to NHPC monthly.
11. Payment shall be made by CVPPL however the details of
manpower used by consultant for execution of this assignment shall be
verified by NHPC.
128

BLANK
129

IV. Appendices

APPENDIX A – TERMS OF REFERENCE

[This Appendix shall include the final Terms of Reference (TORs) worked out by the Client and
the Consultant during the negotiations; dates for completion of various tasks; location of
performance for different tasks; detailed reporting requirements; Client’s input, including
counterpart personnel assigned by the Client to work on the Consultant’s team; specific tasks
that require prior approval by the Client.

Insert the text based on the Section 7 (Terms of Reference) of the ITC in the RFP and modified
based on the Forms TECH-1 through TECH-5 in the Consultant’s Proposal. Highlight the
changes to Section 7 of the RFP]

If the Services consist of or include the supervision of civil works, the following action that
require prior approval of the Client shall be added to the “Reporting Requirements” section of
the TORs: Taking any action under a civil works contract designating the Consultant as
“Engineer”, for which action, pursuant to such civil works contract, the written approval of the
Client as “Employer” is required.]
130

APPENDIX B - KEY EXPERTS

[Insert a table based on Form TECH-6 of the Consultant’s Technical Proposal and finalized at
the Contract’s negotiations. Attach the CVs (updated and signed by the respective Key Experts)
demonstrating the qualifications of Key Experts.]

[Specify Hours of Work for Key Experts: List here the hours of work for Key Experts; travel time
to/ from the Client’s country; entitlement, if any, to leave pay; public holidays in the Client’s
country that may affect Consultant’s work; etc. Make sure there is consistency with Form TECH-
6. In particular: One working (billable) day shall be not less than eight (8) working (billable)
hours. ]
131

APPENDIX C – BILL OF ITEMS


1. INSERT THE TABLE BILL OF ITEMS. THE TABLE SHALL BE BASED ON FORM FIN -2

2. PAYMENT SCHEDULE

Item No. Description of Consultancy works for Design, Payment Percentage of


Engineering & construction monitoring of value of work for “Part
CFRD A” as given in BOQ
10%
Submission of Preliminary Assessment report
1 after first visit & acceptance thereof.
2 Firming up the Basic Design parameters & Layout of 10%
the CFRD and Submission of Design Report -1 &
acceptance thereof.
3 10%
Detail Design for each items of CFRD considering
all scope of work with completion of 50% of scope
of Design works as per preliminary assessment
report and Submission of Design Report-2 and
acceptance thereof.
15%
Firming up of Detailed Design as per scope of work
4 with completion of 75% of scope of Design works as
per preliminary assessment report after Second visit
to NHPC Design office and Submission of Design
Report-3 and acceptance thereof.
5 Completion of Detail Design for each item of CFRD 15%
as per scope of work with completion of 90% of
scope of Design works as per preliminary assessment
report and Submission of Design Report-4 and
acceptance thereof.
6 5%
Periodic design support during intervening period
and submission of Design Report-5 & acceptance
thereof after ±6 months.
7 Periodic design support during intervening period 5%
and submission of Design Report-6 & acceptance
thereof after ±6 months.
132

Item No. Description of Consultancy works for Design, Payment Percentage of


Engineering & construction monitoring of value of work for “Part
CFRD A” as given in BOQ
8 Periodic design support during intervening period 5%
and submission of design report-7 & acceptance
thereof after ±6 months.
9 Periodic design support during intervening period 5%
and submission of design report-8 & acceptance
thereof after ±6 months.
10 Periodic design support during intervening period 5%
and submission of design report-9 & acceptance
thereof after ±6 months.
11 Completion of all design & drawings of concrete 5%
facing of CFRD, top parapet wall & junction details
of adjoining surface spillway with CFRD &
submission of draft completion report & acceptance
thereof
12 Completion of construction of CFRD and 10%
Submission of Final Report and acceptance thereof
133

APPENDIX D - FORM OF PERFORMANCE BANK GUARANTEE


[See Clause GCC 20.2 and SCC 20.2]

(To be submitted by the Consultant)

Bank Guarantee

(To be stamped in accordance with Stamp Act


if any, of the Country of the Issuing Bank)

Bank Guarantee No...........


Date...................................
To,
[Client Name & Address]

Dear Sirs,

In consideration of the ... [Client Name] ........ (hereinafter referred to as the ‘Client which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators and assigns) having awarded to M/s ......[Consultant Name] ............ with its
Registered/Head Office at ............................. (hereinafter referred to as the ‘Consultant, which
expression shall unless repugnant to the context or meaning thereof, include its successors,
administrators, executors and assigns), a Contract by issue of Client’s Letter of Acceptance
No................ dated......... and the same having been acknowledged by the Consultant, for ------
---------[Contract sum in figures and words] for ………[ Name of the work] and the Consultant
having agreed to provide a Contract Performance Guarantee for the faithful performance of the
entire Contract equivalent to .......(*)...........of the said value of the aforesaid services under the
Contract to the Client.

We ................[Name & Address of the Bank]..........having its Head Office


at...........................(hereinafter referred to as the ‘Bank’, which expression shall, unless
repugnant to the context or meaning thereof, include its successors, administrators, executors
and assigns) do hereby guarantee and undertake to pay the Client, on demand any and all monies
payable by the Consultant to the extent of ..................(*).................... as aforesaid at any time
upto .........................(@) ...................... [days/month/year] without any demur, reservation,
contest, recourse or protest and/or without any reference to the Consultant. Any such demand
made by the Client on the Bank shall be conclusive and binding notwithstanding any difference
between the Client and the Consultant or any dispute pending before any Court, Tribunal,
Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its
currency without previous consent of the Client and further agrees that the guarantees herein
contained shall continue to be enforceable till the Client discharges this guarantee or till
…………(@)…….. [days/month/year] whichever is earlier.

(**)
134

The Client shall have the fullest liberty, without affecting in any way the liability of the Bank
under this guarantee, from time to time to extend the time for performance of the Contract by
the Consultant. The Client shall have the fullest liberty, without affecting this guarantee, to
postpone from time to time the exercise of any powers vested in them or of any right which
they might have against the Consultant, and to exercise the same at any time in any manner,
and either to enforce or to forbear to enforce any covenants, contained or implied, in the
Contract between the Client and the Consultant or any other course or remedy or security
available to the Employer. The Bank shall not be released of its obligations under these presents
by any exercise by the Client of its liberty with reference to the matters aforesaid or any of them
or by reason of any other act or forbearance or other acts of omission or commission on the part
of the Client or any other indulgence shown by the Client or by any other matter or thing
whatsoever which under the law would, but for this provision have the effect of relieving the
Bank.

The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Consultant and notwithstanding any security or other guarantee the Client may have in relation
to the Consultant’s liabilities.

i) Our liability under this Bank Guarantee shall not exceed


______(*)_________________.
ii) This Bank Guarantee shall be valid upto ________(@)____________.

iii) We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if Client serves upon Bank a written claim or demand on or
before (@)______

Dated this .............................day of ..........20_........................at..............

WITNESS
................................................ (Signature)...........................
(Signature)
................................................
(Name) (Name)..................................

.................................................. ..........................................
(Official Address) (Designation with Bank Stamp)/with staff
Authority no.

Complete Address of the Bank with Tele-Fax

Notes :1. (*) This sum shall be five percent (5%) of the Ceiling Amount denominated in
the types and proportions of currencies.
135

(@) This date will be sixty (60) months beyond the issue of LOA.

(**) Client may also present any of his demands at the counters of the
..........(Name and branch of the Bank in India) .......... for further relay to us.
(To be inserted in case of a foreign currency bank guarantee issued by an
overseas bank outside India)

2. Bank Guarantee should be executed on appropriate stamp paper of requisite value, such
stamp paper should be purchased in the name of Issuing Bank, not more than six (6)
months prior to execution / issuance of Bank Guarantee. The name of the purchaser
should appear at the back side of stamp paper in the Vendors Stamp. Bank guarantee
should contain rubber stamp of the authorized signatory of the bank indicating the name,
designation and signature/ power of attorney number as well as telephone/ fax numbers
with full correspondence address of the Bank.

In case the same is issued by a first class International Bank, the law prevalent in the
country of execution shall prevail for the purpose of Stamp Duty on the Bank Guarantee.
However, in such a case, the bank Guarantee shall be got confirmed through any Indian
Scheduled/Nationalized Bank.

2. Bank Guarantee is required to be submitted directly to the Client by the issuing bank (on
behalf of Consultant) under registered post (A.D.). The Consultant can submit an
advance copy of Bank Guarantee to the Client.

3. The issuing bank shall write the name of bank’s controlling branch/ Head Office along
with contact details like telephone/ fax and full correspondence address in order to get
the confirmation of BG from that branch/ Head office, if so required.