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4th Floor, ISAACS Tower, Jawahar Nagar,

Kadavthra, Kochi, Kerala-682020

REQUEST FOR PROPOSAL DOCUMENT

FOR

“RENOVATION AND RESTORATION OF POOKODE LAKE AND


PREMISES WAYANAD”
WAP/KERALA/RPL/2020/88

Date: 27-11-2020
Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

WAPCOS LIMITED
Request for Proposal (RFP)
WAPCOS LIMITED invites online tenders as an Accredited Agency for the Work under
DTPC Wayanad, on percentage basis from the Reputed, Resourceful , E x p e r i e n c e d
a n d eligible Architects/ Consultant Firms for the work as per the following details:

Tender No WAP/KERALA/RPL/2020/88
Tender Invitation date 27-11-2020
Type of the Tender Open Tender
Name of Work Consultant/Agency for the Survey & investigations, preparation of
detailed designs, drawings, DPR and Bid Document for the work
“RENOVATION AND RESTORATION OF POOKODE LAKE AND PREMISES
WAYANAD”
Client WAPCOS LTD
Time for Completion of 1 Month for Submission of DPR .
Work
Joint Venture Not Applicable

Estimated Cost of the project Rs. 7,50,00,000/-


Approx.)
Tender processing fee A non-refundable tender fee of Rs. 2800/- (Rupees Two Thousand
Eight Hundred Only) shall be Paid by the bidder to WAPCOS Account
through Online Banking Transaction. The receipt of Transaction has
to be uploaded with the Proposal.
Amount of Earnest Money Rs.34,000/- (Refundable) shall be Paid by the bidder to WAPCOS
Deposit Account through Online Banking Transaction. The receipt of
Transaction has to be uploaded with the Proposal.
The micro and small enterprises registered with the NSIC/MSME are
exempted from the submission of EMD/ Bid security deposit on
production of requisite proof in the form of valid certification from
NSIC/MSME for the tendered item/services. Micro and small
enterprises having Udyog Aadhaar Memorandum are also entitled
for the above exemption for which submission of valid memorandum
certificate is must.
Offer Validity 90 days from the date of submission of Bid
Last date of Online 04-12-2020 at 13.00 PM
Submission of Bid
Last date of Physical 05-12-2020 at 15.00 PM
submission of Bid
Date & Time of opening of 05-12-2020 at 16.00 PM
Bid
Date & Time of Will be Intimated later
Detailed Presentation
WAPCOS Contact WAPCOS Limited.
information 4th Floor, ISAACs Tower, Jawahar Nagar,
Kadavanthra, Kochi, Kerala-682020

Page 2 of 86
Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

Phone : +91-484-2203524,
Tele- Fax : +91-484-2203524 (Direct)
Email: kochi@wapcos.co.in & wapcoscochin@gmail.com
WAPCOS Account Details A/C No - 0024 0200 0002 320
IFSC - IOBA0000024
Bank - Indian Overseas Bank MG Road,
Ernakulam
E tender help desk Phone Number
033-22901004, 011-23212357, 011-23215163, 011-23217850
Email: mstcnro@mstcindia.co.in
Please mention “Helpdesk” as subject while sending emails
Availability: 10 AM to 5:30 PM on all working days.
Exemption in EMD for Micro & Small Enterprises registered with NSIC/MSME: The
micro and small enterprises registered with the NSIC/MSME are exempted from the
submission of EMD/ Bid security deposit on production of requisite proof in the form of
valid certification from NSIC/MSME for the tendered item/services. Micro and small
enterprises having Udyog Aadhaar Memorandum are also entitled for the above
exemption for which submission of valid memorandum certificate is must.
The envelope shall be under sealed cover duly super scribing the name of the project and
name of the work before submission.
Bids shall be submitted at the following address:
The Regional Manager,
WAPCOS Limited,
ISAAC Tower, 4th floor,
Jawahar Nagar ,Kadavanthra, Kochi – 682020
Email: kochi@wapcos.co.in/ wapcoscochin@gmail.com
Tel: 0484-2203524
Website – www.wapcos.co.in
The Bidders must read all the terms and conditions of this bid document carefully and only
submit the bid if eligible and in possession of all the documents required.
The Bidders must ensure that the quoted rate shall be inclusive of all indirect costs i.e.
Logistics, Accommodation, TA/DA of personnel, Communication, Documentation,
Transportation, Travel, Insurance etc., and other necessary and relevant taxes excluding
GST.
The e-tender d o c u m e n t d o w n l o a d e d from t h e w e b s i t e : www.wapcos.co.in,
www.eprocure.gov.in and https://www.mstcecommerce.com/eprochome/wapcos
The tenders shall be uploaded on https://www.mstcecommerce.com/eprochome/wapcos
Further, any information or any issuance of corrigendum/addendum/amendment related
to this tender will be available only on the website mentioned above.
S/d
(Regional Manager)
WAPCOS Ltd.

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

SECTION -1

GENERAL CONDITIONS OF BIDDER (GCB) /


INSTRUCTION TO BIDDERS (ITB)

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

INVITATION FOR PROPOSAL


Introduction:

Wayanad the Green Paradise is nested amoung the mountains of Western Ghats forming the
border world of greener part of Kerala .Wayand hills are contigious to Mudumali in Tamilnadu
and Bhandipur in karanataka thus forming a vast and mass for the Wild life to move about in
their natural abode.
Department of Tourism –through DTPC Wayanad is engaging WAPCOS as ACCREDITED
AGENCY for the Infrastructure Development Project “Renovation and Restoration of Pookode
Lake and Premises, Waayand”. The Project Site is the Pookode lake and its Premises in
Wayanad

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

INSTRUCTIONS TO BIDDERS (ITB)

1.0. Tender Procedure


ITB General 1.1.1 This Tender Document has 3 main sections viz. Instruction
to Bidder (ITB)/General Conditions of Bidder (GCB), Annexures,
1.1 General Conditions Contract and Special conditions of contract.
In case of a conflict the following priority of documents is set:

1. Special Conditions of Contract (SCC) & its annexures


2. General Conditions of Contract (GCC)
3. General Conditions of Bidder and its Annexures
Bidders should note that all the pages of this Tender along with the
Bidders’ submissions should be signed and stamped by the
Authorised Signatory. In case of any contradiction between two
documents the decision of Engineer In Charge shall be final and
binding.
ITB Accredited 1.2.1 Accredited Agency is WAPCOS LIMITED
1.2 Agency And is subsequently termed as “Employer”.
The project is being funded by Government of Kerala through DTPC
Wayanad therefore, the approval of DTPC wayanad will be taken
at various steps as and when required, by WAPCOS Limited as per
the laid out guidelines.
ITB Presentatio 1.3.1 As per e-tender submission guidelines in RFP.
n of Tender
1.3
ITB Language of 1.4.1 The technical and financial proposals as well as all communication
the Tender
1.4 related to the present Tender shall be prepared in English
language.
ITB Submission 1.5.1 As per Request for Proposal
of Tender
1.5 Read relevant e-tender submission guidelines.
ITB Validity 1.6.1 The period of validity of the Tenders is 90 days, counted from
1.6 Period the deadline for receipt of Tenders.
of Tenders
ITB Information 1.7.1 Tenderers are invited to carry out an information visit to the site in
Visit
1.7 order to familiarise themselves with the local conditions relevant
to Site
for the execution of the services to be provided. Interviews may be
and Pre- arranged with the Accredited Agency. Tenderers shall contact the
Bid addresses indicated in the RFP in due time before the visit to
Meeting announce themselves and to allow for appropriate arrangements.
The Bidder shall not be entitled to hold any claim against WAPCOS
LIMITED for non-compliance due to lack of any kind of pre-
requisite information as it is the sole responsibility of the Bidder
to obtain all the necessary information with regard to site,
surrounding, working conditions, weather etc. on its own before
submission of the bid.
A pre-bid meeting and a common information visit for all
Tenderers are scheduled at the dates and places indicated in RFP

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

It is understood that all information visits to the site are at the


Tenderer’s own expense and risk.
ITB Request for 1.8.1 The queries shall be addressed to
1.8 Additional The Regional Manager,
Information WAPCOS Limited,
4th Floor, ISAAC Tower
Jawahar Nagar, Kadavanthra, Kochi – 682020
Email:kochi@wapcos.co.in/
wapcoscochin@gmail.com
Tel: 0484-2203524/2353424
Website – www.wapcos.co.in
ITB Amendmen 1.9.1 Corrigendum / Addendum, which form part of the tender
ts to document, shall be published only in the company website and E-
1.9 tender website: www.wapcos.co.in, www.eprocure.gov.in and
the Tender
https://www.mstcecommerce.com/eprochome/wapcos and
Dossier bidders are advised to check the websites regularly for the updates
related to the tender before submitting the offer.
ITB Association 1.10.1 NA
1.10
ITB Pre- 1.11.1 No Pre-Qualification Envisaged.
selected
1.11
Consultants
ITB Participatio 1.12.1
n of Accredited Agencies in Kerala Vide G O No. 77/2019/Fin dated
1.12 Accredited 04.07.2019 are not eligible to Participate.
Agencies in
Kerala
2.0 Contents of the Tender
ITB Technical 2.1.1 The technical proposal shall contain:
a) Critical Analysis of Project Objectives and Terms of Reference
2.1 Proposal (TOR)
b) Key Staff
ITB Financial 2.2.1 Price quoted shall be inclusive of all expenses towards the total
2.2 Proposal scope of work. All costs associated with the assignment shall be
included in the financial proposal. The total amount indicated in
the financial proposal shall be without any condition attached or
subject to any assumption and shall be final and binding.
Price bid shall not contain any alterations / conditions / notes
whatsoever.
The basic price quoted shall be exclusive of GST but including all
other applicable taxes, cess, duties, fees, other charges etc.
required to be paid under the Contract or as required by the
applicable laws or as required by the laws of India.
3.0 Payment Conditions
ITB Currency 3.1.1 The currency of the proposal shall be in Indian rupees (INR)
3.1
ITB Taxes and 3.2.1 Mandatory Deduction of TDS as per Income Tax act shall be
3.2 Duties done from the payment due for applicable payments.
ITB Price 3.3.1 The contract is on firm price basis and no price adaptation shall
3.3 Adaptation be applicable.

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

ITB Terms of 3.4.1 As Per GCC/SCC Annexure - 2 (Time schedule and payment
3.4 Payment terms)
 Income tax deduction shall be made from all payments made
to the contractor as per the rules and regulations in force
and in accordance with the Income Tax Act prevailing from
time to time.
 TDS, wherever applicable, shall be deducted as per
applicable act/law/rule
E-TENDERING MODALITIES

1.0 SPECIAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING

Bidder’s guide for WAPCOS portal:

1. Use Internet Explorer to go to


https://www.mstcecommerce.com/eprochome/wapcos

2. On the right side of the page click on Register as a Vendor:

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

3. Fill the form that appears to create username and password.

4. Once the registration is done, login with your user name and password:

5. System will ask you to verify your digital signature

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

6. Press Ok and select your digital signature from the List:

7. Your digital signature will be verified

8. Once login is complete, a bidder can access My Menu through the left side of the page:

9. Here click on Download NIT/Corrigendum button to download the NIT/Corrigendums.


Select Event number and click on download to download the files:

Page 10 of 86
Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

10. To submit the bid a bidder can proceed to Bid Floor through the left side My menu. In
Bid Floor click on live events to view a list of Live events. In live events select the tender
number where you wish to submit a bid.

11. On clicking the event number, if the bidder has not paid transaction fee, system will
prompt them to pay the transaction fee. They can pay the transaction fee by going to
Transaction Fee payment link in their login, and pay the same through online payment
(debit card, credit card, net banking etc) or RTGS/NEFT (Challan).

For any assistance regarding the Tender Document and/or term and conditions the bidders
may contact at WAPCOS:
For any assistance during bid submission, system settings etc. bidders may contact at MSTC:

Page 11 of 86
Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

Phone Number
03322901004, 01123212357, 01123215163, 01123217850

Email
mstcnro@mstcindia.co.in
Please mention “Helpdesk” as subject while sending emails

Availability
10 M to 5:30 PM on all working days.

5.0 DIGITAL CERTIFICATES

For integrity of data and authenticity/ non-repudiation of electronic records, and to be


compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC).
Also referred to as Digital Signature Certificate(DSC), of Class 2 or above, issued by a
Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer
http://www.cca.gov.in].

6.0MINIMUM REQUIREMENTS AT BIDDER’S END

Computer System having configuration with minimum Windows 7orabove,and

Broad band connectivity

- Microsoft Internet Explorer7.0orabove


- Digital Certificate(s)

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

PREQUALIFICATION REQUIREMENTS

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

GCB Annex - A
MANDATORY CRITERIA (Table - 1)
Scrutiny of the proposals for responsiveness will be done to determine whether the bidders
meet the preliminary eligibility criteria as defined as under.

Table-1
S. No Eligibility Criteria Documentary Evaluation Criteria
Evidence
1 The bidder should be an Indian Certificate of Complied ( Yes/No)
Registered Company under Companies incorporation Page Reference to
Act 1956/ Proprietorship Company/ /registration, the supporting
Partnership Company/ Limited PAN Card, GST documents
company private or public or registration attached.
corporation. Joint Ventures are not certificate for the
accepted. Copy of Certificate of firm.
Incorporation/Registration/Partnership
Deed or any other relevant document,
as applicable, should be submitted
along with a copy of address proof.
2 The Bidder should not have been Self-certification Complied ( Yes/No)
by Company
blacklisted by central or state secretary. Page Reference to
governments, PSU’s, bilateral funding the supporting
agencies in India/abroad. documents
attached
Note: A “NO” in any of the above will lead to the bidder being rejected at this stage itself. Further a “yes” should
strictly be accompanied by supporting documents for assessing bidder’s primary eligibility (rejection criteria)

PRELIMNARY TECHNICAL & FINANCIAL CRITERIA

Table-2
S.No Eligibility Criteria Documentary Evaluation Criteria
Evidence
1 Receipt of Tender fee Transaction
2 Receipt of EMD Transaction
3 Letter of Transmittal in Bidders
Letter Head(Annex-B)
4 Average Annual Turnover during the Copy of certificate Complied ( Yes/No)
last three (03) years ending 31st from Chartered Page Reference to
March of 2019 should be at least accountant the supporting
Rs. 8,50,000/- (Rupees Eight Lakhs /Statutory auditor documents
Fifty Thousand Only)(Consultancy along with copy of attached.
receipts). The firm /agency shall Balance sheet
provide financial turnover of the
firm for the last Three years (Ending
March 2019) duly certified by

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

statutory auditors / Chartered


Accountant.(Annex-C)
The Consultant should not have
incurred any loss (profit after tax
should be positive) in more than two
years during last five years ending
March 2019 duly audited by the
Chartered Accountant.
Full Balance Sheet and Profit & loss
Statement of Bidder for Last 5 years
ending last financial year should be
verified by Independent Chartered
Accountant.
5 Structure and Organization
(Annex- D)
6 Non Convection Certificate (Annex –
E)
7 The bidder should not be insolvent, Complied (Yes/No)
in receivership, bankrupt or being Page Reference to
wound up, not have had their the supporting
business activities suspended. documents
Accordingly, Bidder shall submit attached.
Solvency certificate with details of
Financial Status i.e. Name of the
Banker & Current Solvency
Certificate (i.e the solvency
certificate shall be not older than 6
months from the date of publishing
of Tender) from the Banker in
original Rs.6,80,000/-(Rupees Six
Lakh Eighty Thousand Only).
(Annex-F)
8 The Consultant should also have Copy of Work Complied (Yes/No)
satisfactorily prepared Detailed order/LOI/Agreement Page Reference to
Project Report (DPR) for similar issued by client and the supporting
projects including preparation of completion certificate documents attached
architectural, structural design and from the client
drawings, the works as mentioned
below during the last seven years
ending previous day of last date of
submission of tender.
i. One similar Detailed Project
Report (DPR) for work costing
not less than Rs.6 Cr
(Rupees Six Crore)
ii. Or

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

iii. Two similar Detailed Project


Reports (DPRs) for works of
order value each not less than
Rs.3.75Cr.
(Rupees Three Crore Seventy
Five Lakhs)
Or
iv. Three similar Detailed Project
Reports (DPRs) for works of
order value not less than
v. Rs.3 Cr (Rupees Three Crore).
The Value of Similar completed
Works will be brought to current
costing level by enhancing the
actual value of work at simple
rate of 7 % per annum,
calculated from the date of
completion to last date of
submission of bids
“Similar work” refers to a cumulative Consultancy Works for Infrastructure Development Projects
executed for Central/State/PSU’s .etc

KEY EXPERT PERSONNEL DETAILS


Table-3
S.No Expert Basic Qualification Experience
1 Team Leader Graduate in Civil Minimum 10 years’ experience.
Engineering He should have minimum 5 years’
experience in leadership position in
managing infrastructure
developments projects.
2 Environmental Post graduate in Minimum 5 years’ experience in
Management environment projects of similar nature
/Environment Engineering
Impact assessment
expert
3 Architect B Arch with Master’s Minimum 10 years with experience
degree. in Urban Planning Projects.
4 Structural Engineer Graduate in Civil Minimum 5 years’ experience in
Engineering with
Masters in Structural Designing of the infrastructure
Engineering. works .

5 MEP Engineer Diploma Diploma with minimum 5 years of


experience in MEP works

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

6 Landscape Graduate in Minimum 5 years with experience


Architect architecture in landscape design and urban
(B Arch) landscape projects
7 Design Engineer Graduate in Civil Minimum 3 years’ experience in
construction projects
Engineering
8 Draughtsman Diploma in Civil Minimum 3 years’ experience in
drafting the drawings using
engineering AutoCAD.

Notes:

1. Documentary evidence substantiating the certificates of qualifications and experience for


the above shall be submitted without fail.
2. Detailed CV representing the relevant experiences as stated above shall be provided for
evaluation.
3. WAPCOS reserves the right to check the credentials submitted by the bidder.
4. In case an Applicant is proposing key professional from educational/ research institutions,
a ‘No Objection Certificate/ Consent Letter’ from the concerned institution shall be
enclosed with his CV clearly mentioning his/ her availability for the assignment. In the
absence of such certificate, his/ her CV will not be evaluated.
5. Upper Age limit of any consultant shall be 62 years (Rejection criteria)
6. Evaluation of the RFP will be based on Least Cost Selection (LCS)Method

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

ANNEX ‘B’
LETTER OF TRANSMITTAL

From:

[Address of the Bidder]

To
The Regional Manager
WAPCOS LIMITED
4th Floor, ISAAC Tower, Jawahar Nagar, Kadavanthra-682020
Phone: 0484-2203524

Subject: Submission of RFP for the Consultant/Agency for the Survey & investigations, preparation
of detailed designs, drawings, DPR and Bid Document for the work “RENOVATION AND
RESTORATION OF POOKODE LAKE AND PREMISES WAYANAD”

Sir,

Having examined the details given in online notice for the above work, I/we hereby submit the
relevant information.

1. I/we hereby certify that all the statement made and information supplied in the enclosed forms A to
D and accompanying statement are true and correct.

2. I/we have furnished all information and details necessary for eligibility and have no further pertinent
information to supply.

3. I/we submit the following certificates in support of our suitability, technical knowledge and capability
for having successfully completed the following eligible similar works:

Name of work Certificate from

Certificate:
It is certified that the information given in the enclosed eligibility bid are correct. It is also certified
that I/we shall be liable to be debarred, disqualified/ cancellation of enlistment in case any
information furnished by me/us found to be incorrect.

Enclosures:

Seal of bidder

Date of submission: Signature(s) of Bidder(s)

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

ANNEX ‘C’
FINANCIAL INFORMATION

Financial Analysis: Details to be furnished duly supported by figures in balance sheet/ profit & loss
account for the last three years duly certified by the Chartered Accountant, as submitted by the
applicant to the Income Tax Department (Copies to be attached).

Years Gross Annual turnover on Consultancy Profit/Loss


works (After Tax)
2018-2019

2017-2018

2016-2017

Signature of Chartered Accountant Signature of Bidder(s).


(with Seal) (with Seal)

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

ANNEX ‘D’
STRUCTURE & ORGANISATION

S.No. Particulars Details Submitted by Bidder


1. Name & address of the bidder
2. Telephone no./Telex no./Fax no.
3. Legal status of the bidder (attach copies of original
document defining the legal status)
(a) An Individual
(b) A proprietary firm
(c) A firm in partnership
(d) A limited company or Corporation
4. Particulars of registration with various Government Bodies
(attach attested photocopy)
Organization/Place of Registration Registration No.
1.
2.
3.
5. Names and titles of Directors & Officers with designation
to be concerned with this work.
6. Designation of individuals authorized to act for the
organization
7. Has the bidder, or any constituent partner in case of
partnership firm Limited Company/ Joint Venture, ever
been convicted by the court of law? If so, give details.
8. Any other information considered necessary but not
included above.

Signature of Bidder(s)

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

ANNEX ‘E’
FORMAT FOR No-Conviction Certificate [On the letter head of the Organization]

Subject: No-Conviction Certificate for --- (Name of the work / project)

This is to certify that _______________________ (Name of the organization), having registered


office at ______________________________ (Address of the registered office) has never been
blacklisted or restricted to apply for any such activities by any Central / State Government Department
or Court of law anywhere in the country.

This is also to certify that M/s ______________________ (Name of Organization), is not involved in
any form of Corrupt and Fraudulent practices in past and will never be involved in future.

Yours faithfully,

Date: (Signature, name and designation


of the Authorized signatory)

Place: Name and seal of Bidder

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

ANNEX-F
FORM OF BANKERS’ CERTIFICATE FROM A SCHEDULED BANK

This is to certify that to the best of our knowledge and information that M/s./
Sh………………………………………………………….having marginally noted address, a customer of our
bank are/is respectable and can be treated as good for any engagement upto a limit of
Rs…………………. (Rupees………………………………………………………………………………..).

This certificate is issued without any guarantee or responsibility on the bank or any of the

officers.

(Signature)
For the Bank

NOTE:
1. Banker’s certificates should be on letter head of the Bank, sealed in cover
addressed to tendering authority.
2. In case of partnership firm, certificate should include names of all partners as
recorded with the Bank.

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

SECTION -2

GENERAL CONDITIONS OF CONTRACT


&
SPECIAL CONDITIONS OF CONTRACT

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR and Bid Document for the work “RENOVATION AND
RESTORATION OF POOKODE LAKE AND PREMISES WAYANAD”

General Conditions of Contract Special Conditions of Contract


GENERAL PROVISIONS
1. Definitions 1.1 Unless the context otherwise requires, the No Change
following terms whenever used in this Contract
have the following meanings:

a. “Applicable Law” means the laws


and any other instruments having the
force of law in India, as specified in the
Special Conditions of Contract (SCC), as
they may be issued and in force from
time to time.

b. “Borrower” means the Government,


Government agency or other entity that
signs the financing agreement with the
Bank.

c. “Consultant” means a legally-


established professional consulting firm
or entity selected by the WAPCOS to
provide the Services under the signed
Contract.

d. “Contract” means the legally binding


written agreement signed between
WAPCOS and the Consultant and which
includes all the attached documents

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General Conditions of Contract Special Conditions of Contract


listed in its paragraph 1 of the Form of
Contract (the General Conditions (GCC),
the Special Conditions (SCC), and the
Appendices).

e. “Day” means a calendar day unless


indicated otherwise.

f. “Effective Date” means the date on


which this Contract comes into force and
effect pursuant to Clause GCC 11.

g. “Experts” means, collectively, Key


Experts, Non-Key Experts, or any other
personnel of the Consultant, Sub-
consultant or JV member(s) assigned by
the Consultant to perform the Services
or any part thereof under the Contract.

h. “Foreign Currency” means any currency


other than the currency of the Client’s
country.

i. “GCC” means these General Conditions


of Contract.
j. “Government” means the government of
Kerala/India.

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General Conditions of Contract Special Conditions of Contract


k. “Funding Agency:” means DTPC
WAYANAD
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


c u r r e n c y o f the Client’s Country.

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General Conditions of Contract Special Conditions of Contract


o. “Non-Key Expert(s)” means an individual
professional provided by the Consultant
or its Sub-consultant to perform the
Services or any part thereof under the
Contract.

p. “Party” means WAPCOS or the


Consultant, as the case may be, and
“Parties” means both of them.

q. “SCC” means the Special Conditions of


Contract by which the GCC may be
amended or supplemented but not over-
written.

r. “Services” m e a n s t h e w o r k to be
performed by the Consultant pursuant
to this Contract, as described in
Annexure-1 hereto.
s. “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.
t. “Third Party” means any person or entity
other than the Government, the Client,
the Consultant or a Sub- consultant.

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2. Relationship 2.1 Nothing contained herein shall be construed as
between the establishing a relationship of master and servant
Parties or of principal and agent as between WAPCOS
and the Consultant. The Consultant, subject to No Change
this Contract, has complete charge of the Experts
and Sub- consultants, if any, 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,
Contract and the relation between the Parties shall be No Change
governed by the Applicable Law of India.
4 Language 4.1 This Contract has been executed in the language In Addition to GCC 4.1
specified in the SCC, which shall be the binding
and controlling language for all matters relating All The communications shall be in English
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. No Change
6 Communications 6.1 Any communication required or permitted to be In Addition to GCC 6.1
given or made pursuant to this Contract shall be Address of Employer:
in writing in the language specified in Clause GCC The Regional Manager,
4. Any such notice, request or consent shall be WAPCOS Limited,
deemed to have been given or made when
4th Floor, ISAAC Tower
delivered in person to an authorized
Jawahar Nagar, Kadavanthra, Kochi –
representative of the Party to whom the
682020
communication is addressed, or when sent to
such Party at the address specified in the SCC. Email: kochi@wapcos.co.in/
wapcoscochin@gmail.com

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General Conditions of Contract Special Conditions of Contract


Tel: 0484-2203524/2353424
Website – www.wapcos.co.in
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 bid document hereto and,
where the location of a particular task is not so
specified, at such locations, whether in the
Government’s country or elsewhere, as the
Client may approve.
8 Authority of 8.1 In case the Consultant is a Joint Venture, the Not Applicable
Member in members hereby authorize the member
Charge/Lead specified in the SCC to act on their behalf in
Partner. exercising all the Consultant’s rights and
obligations towards the Client under this
Contract, including without limitation the
receiving of instructions and payments from
WAPCOS. However, each member or constituent
of consortium/JV of the consultant shall be
jointly and severally liable for all obligations of
the consultant under this contract.
9 Authorized 9.1 Any action required or permitted to be taken, In addition to GCC 9.1
Representatives and any document required or permitted to be The authorized representative of WAPCOS
executed under this Contract by WAPCOS or the is: Regional Manager
Consultant may be taken or executed by the
officials specified in the SCC.

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10 Corrupt and 10. The Bank requires compliance with its policy in In addition to GCC 10.1
Fraudulent 1 regard to corrupt and fraudulent practices as set See GCC/SCC Annexure-4
forth in Annexure-4 to the GCC.
Practices
a) Commissions and Fees 10.
WAPCOS requires the Consultant to disclose any
2commissions, gratuities or 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 No Change
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 WAPCOS and funding agencies.
B. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT
11 Effectiveness of 11.1 This Contract shall come into force and effect on In Addition to GCC 11.1
Contract the date (the “Effective Date”) of the Client’s The effective date shall be the later of (a) &
notice to the Consultant instructing the (b)
(a) This contract shall come into force and
Consultant to begin carrying out the Services.
be effective from the date of signing of
This notice shall confirm that the effectiveness
agreement by both parties.
conditions, if any, listed in the SCC have been
Or
met.
(b) Date of Substantial Mobilization (ie at
least 80 % of key personnel) of
professional personnel and staff. But this

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General Conditions of Contract Special Conditions of Contract


shall not be later than 7 days from the
date of issue of letter of award (LoA).
12 Termination of 12.1 If this Contract has not become effective within In Addition to GCC 12.1
Contract for Failure to such time period after the date of Contract
Become Effective signature as specified in the SCC, either Party In case of unsatisfactory performance by
may, by not less than twenty two (21) days the agency, WAPCOS shall be entitled to
written notice to the other Party, declare this terminate the contract & set the work done
Contract to be null and void, and in the event of at the risk and cost of the Agency.
such a declaration by either Party, neither Party
shall have any claim against the other Party with
respect hereto.
13 Commencement of 13.1 The Consultant shall confirm availability of Key No change
Services Experts and 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 In Addition to GCC 11.1
Contract GCC 19 hereof, this Contract shall expire at the The total duration of the contract is 24
end of such time period after the Effective Date months. The Contract may be extended by
as specified in the SCC. WAPCOS on the same terms and conditions
under original agreement subject to the
condition that after the initial term of 24
months, the scope of work and
requirement of key professional and
support staff is reviewed and revised by
WAPCOS.

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No payments for the home office support
shall be given during the extended period.
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 No change
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
Variations conditions of this Contract, including any
No change
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 No Change
of its obligations hereunder impossible or so
impractical as reasonably to be considered

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General Conditions of Contract Special Conditions of Contract


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.
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, Sub- No Change
consultants 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 Subject to clause 17.4, Force Majeure shall not
include insufficiency of funds or failure to make No Change
any payment required hereunder.
b) No Breach of 17.4 The failure of a Party to fulfill any of its No Change
Contract obligations hereunder shall not be considered to
be a breach of, or default under, this Contract
insofar as such inability arises from an event of
Force Majeure, provided that the Party affected
by such an event has taken all reasonable

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General Conditions of Contract Special Conditions of Contract


precautions, due care and reasonable alternative
measures, all with the objective of carrying out
the terms and conditions of this Contract.
c) Measures to be 17.5 Party affected by an event of Force Majeure shall No Change
Taken continue 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 Party affected by an event of Force Majeure shall No Change
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 No Change
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 No Change
Services as a result of an event of Force Majeure,

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the Consultant, upon instructions by WAPCOS,
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 the
terms of this Contract and be reimbursed for
additional costs reasonably and necessarily
incurred.
17.9 In the case of disagreement between the No Change
Parties as to the existence or extent of Force
Majeure, the matter shall be settled according to
Clauses GCC 44 & 45.
18 Suspension 18.1 WAPCOS may, by written notice of suspension to
the Consultant, suspend all payments to the
Consultant hereunder if the Consultant fails to No Change
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

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General Conditions of Contract Special Conditions of Contract


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 No Change
as per provisions set up below:
a) By the 19.1.1 WAPCOS may terminate this Contract in case of No Change
Client 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 (g); at least sixty (60) calendar
days’ written notice in case of the event referred
to in (h & i); and at least five (5) calendar days’
written notice in case of the event referred to in
(j):
(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

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General Conditions of Contract Special Conditions of Contract


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 45.1;
(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 sixty (60)
calendar days;
(e) If the consultant , in the judgement of the
client/Employer, has engaged in corrupt or
fraudulent practices in competing for or in
executing this contract
(f) If The consultant submits to the client a false
statement which has material effects on the
rights, Obligations or interests of the client
/Employer.
(g) If the Consultant places itself in a position of
conflict of interest or fails to disclose promptly
any conflict of interest to the client /Employer

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(h) If the Client, in its sole discretion and for any
reason whatsoever, decides to terminate this
Contract;
(i) If the Consultant fails to provide the quality of
services envisaged under this contract. WAPCOS
Standing Tendering committee (STC) formulated
to monitor the progress of the assignment may
make judgement regarding the poor quality of
services, the reasons for which shall be recorded
in writing.
(ii) The STC may decide to give one chance to the
consultant to improve the quality of services.
(j) If the Consultant fails to confirm availability
of Key Experts as required in Clause GCC 13.
(iii) (iv)
19.1.2 Furthermore, if WAPCOS determines that the No Change
Consultant has engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices, 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.
(v) b) By the (vii) 19.1.3
(viii) The Consultant may terminate this Contract, by No Change
(vi) Consultant not less than thirty (30) calendar days’ written
notice to WAPCOS, in case of the occurrence of

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any of the events specified in paragraphs (a)
through (d) of this Clause.
(ix) (a) If WAPCOS fails to pay any money due to
the Consultant pursuant to this Contract and not
subject to dispute pursuant to Clause GCC 45.1
within forty-five (45) calendar days after
receiving written notice from the Consultant that
such payment is overdue.
(x) (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 sixty (60) calendar days.
(xi) (c) If WAPCOS fails to comply with any final
decision reached as a result of arbitration
pursuant to Clause GCC 45.1.
(xii)
(xiii) (d) If WAPCOS 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.
(xiv) c) Cessation of (xvi) 19.1.4
(xvii) Upon termination of this Contract pursuant to No Change
(xv) Rights and Obligations Clauses GCC 12 or GCC 19 hereof, or upon

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expiration of this Contract 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 (iv) any
right which a Party may have under the
Applicable Law.
(xviii) d) Cessation of (xx) 19.1.5
(xxi) Upon termination of this Contract by notice of No Change
(xix) Services either 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 WAPCOS, the Consultant
shall proceed as provided, respectively, by
Clauses GCC 27 or GCC 28.

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(xxii) e) Payment (xxiv) 19.1.6
(xxv) Upon termination of this Contract, WAPCOS shall No Change
(xxiii) upon Termination make the following payments to the Consultant:
(xxvi) (a) payment for Services satisfactorily
performed prior to the effective date of
termination; and
(xxvii) (b) In the case of termination pursuant to
paragraphs (d) 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.
(xxviii) (c) In case of force majeure, no such cost shall be
borne by WAPCOS. (d) If the agreement is
terminated pursuant to clause, the 19.1.1
(xxix) (a) to (g) , the consultant shall not be entitled to
receive any agreed payments up on termination
of contract .However the client /Employer may
consider to make payment for the part
satisfactorily performed on the basis of the
quantum Merit as assessed by it, if such part is of
economic utility to the client
(xxx) /Employer. Applicable under such
circumstances, up on termination, the client may
also impose liquidated damages as per provisions
of Clause GCC-43 of this agreement. The

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consultant will be required to pay any such
liquidated damages to the client within 30 days
from the termination date.
(xxxi) C. OBLIGATIONS OF THE CONSULTANT
(xxxii) (xxxiii) General
20
a) Standard of 20.1 The Consultant shall perform the Services and No Change
Performance carry out the 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
WAPCOS, and shall at all times support and
safeguard WAPCOS’s legitimate interests in
any dealings with the third parties.
20.2 The Consultant shall employ and provide such No Change
qualified and experienced Experts and Sub-
consultants as are required to carry out the
Services.
20.3 The Consultant may subcontract part of the No Change
Services to an extent and with such Key

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Experts and Sub-consultants as may be
approved in advance by WAPCOS.
Notwithstanding such approval, the
Consultant shall retain full responsibility for
the Services.
Law Applicable to 20.4 The Consultant shall perform the Services in No Change
Services accordance with the Contract and the
Applicable Law and shall take all practicable
steps to ensure that any of its Experts and Sub-
consultants, comply with the Applicable Law.
20.5 Throughout the execution of the Contract, the No Change
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 Borrower’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 Borrower’s Country prohibits any
import of goods from that country or any
payments to any country, person, or entity in
that country.

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20.6 WAPCOS shall notify the Consultant in writing No Change
of relevant local customs, and the Consultant
shall, after such notification, respect such
customs.
21 Conflict of 21.1 The Consultant shall hold WAPCOS interests No Change
Interests paramount, without any consideration for
future work, and strictly avoid conflict with
other assignments or their own corporate
interests. If during the period of this contract,
a conflict of interest arises for any reasons, the
consultant shall promptly disclose the same
to the client /Employer and seek its
instructions.
a) Consultant Not 21.1.1 The payment of the Consultant pursuant to No Change
to Benefit from Clauses GCC–F (Clauses GCC 38 through 42)
Commissions, Discounts, shall constitute the Consultant’s only payment
etc. in connection with this Contract and, subject
to Clause GCC 21.1.3, the Consultant shall not
accept for its own benefit any trade
commission, discount or similar payment in
connection with activities pursuant to this
Contract or in the discharge of its obligations
hereunder, and the Consultant shall use its
best efforts to ensure that any Sub-
consultants, as well as the Experts and agents

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of either of them, similarly shall not receive
any such additional payment.
21.1.2 Furthermore, if the Consultant, as part of the No Change
Services, has the responsibility of advising
WAPCOS on the procurement of goods, works or
services, the Consultant shall comply with the
Applicable Guidelines and Manual of
procurement in India, and shall at all times
exercise such responsibility in the best interest of
WAPCOS. Any discounts or commissions
obtained by the Consultant in the exercise of
such procurement responsibility shall be for
the account of WAPCOS.
b) Consultant and 21.1.3 The Consultant agrees that, during the term of No Change
Affiliates Not to Engage
in Certain Activities this Contract and after its termination, the
Consultant and any entity affiliated with the
Consultant, as well as any Sub-consultants and
any entity affiliated with such Sub-consultants,
shall be disqualified 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, unless otherwise indicated in the SCC
c) Prohibition of 21.1.4 The Consultant shall not engage, and shall cause No Change
Conflicting Activities its Experts as well as its Sub-consultants not to

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engage, either directly or indirectly, in any
business or professional activities that would
conflict with the activities assigned to them
under this Contract.
d) Strict Duty to 21.1.5 The Consultant has an obligation and shall No Change
Disclose Conflicting ensure that its Experts and Sub-consultants shall
Activities have an obligation to disclose any situation of
actual or potential conflict that impacts their
capacity to serve the best interest of their Client,
or that may reasonably be perceived as having
this effect. Failure to disclose said situations may
lead to the disqualification of the Consultant or
the termination of its Contract.
22 Confidentiality 22.1 Except with the prior written consent of
WAPCOS, 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 addition to GCC 23.1
Consultant in the SCC, the Consultant’s liability under this Limitation of the Consultants’ Liability
Contract shall be provided by the Applicable towards the Client/Employer
Law.

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(i) The ceiling on Consultant’s liabilities shall
be limited to
(a) total cost, or the actual loss suffered by
WAPCOS. or
(b) The proceeds the Consultant may be
entitled to receive from any insurance
maintained by the consultants to Such
liabilities whichever of (a) or (b) is higher.
The consultant’s liability shall terminate 12
months after the completion of last
milestone
24 Insurance to be 24.1 The Consultant In addition to GCC 24.1
Taken out by the (i) shall take out and maintain, and shall cause The risks and the insurance coverage shall
Consultant any Sub- consultants to take out and maintain, be as follows.
at its (or the Sub-consultants’, as the case may a)Third party motor vehicle insurance as
be) own cost but on terms and conditions required under Motor vehicles Act 1988, by
approved by WAPCOS, insurance against the the consultant or its personnel or any sub
risks, and for the coverage specified in the SCC, contractor’s or sub consultants or their
and personnel for the period of consultancy
(ii) at the Client’s request, shall provide b) Third party liability insurance, with a
evidence to the minimum coverage of Rs 40 lakhs for the
Client showing that such insurance has been period of consultancy.
taken out and maintained and that the current c) Project specific professional indemnity
premiums therefore have been paid. The insurance (PII) policy with a minimum
Consultant shall ensure that such insurance is in coverage equal to remuneration as per

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place prior to commencing the Services as price bid. Global cover is also acceptable.
stated in Clause GCC 13. Validity of PII shall be up to 1 year beyond
date of completion.
d) Employer’s liability and workers’
compensation insurance in respect of the
personnel of the consultant and of any sub-
contractor, in accordance with the relevant
provisions of the applicable law, as well as
with respect to such personnel, any such
life, health, accident, travel or other
insurances as may be appropriate.
e) Insurance against loss of damage to (1)
equipment purchased in whole or part with
funds provided under this contract (2) The
consultants property used in the
performance of services and (3) any
documents prepared by the consultant in
the performance of services.
25 Accounting, 25.1 The Consultant shall keep, and shall make all No Change
Inspection and reasonable efforts to cause its Sub-consultants
to keep, accurate and systematic accounts and
Auditing records in respect of the Services and in such
form and detail as will clearly identify relevant
time changes and costs.
25.2 The Consultant shall permit and shall cause its No Change
Sub-consultants to permit, the Bank and/or

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persons appointed by the Bank to inspect the
Site and/or all accounts and records relating to
the performance of the Contract and the
submission of the Proposal to provide the
Services, and to have such accounts and
records audited by auditors appointed by
WAPCOS/Funding agency if requested by the
WAPCOS/funding agency. The Consultant’s
attention is drawn to Clause GCC 10 which
provides, inter alia, that acts intended to
materially impede the exercise of the
WAPCOS/funding agency’s inspection and
audit rights provided for under this Clause
GCC 25.2 constitute a prohibited practice
subject to contract termination (as well as to a
determination of ineligibility under the
WAPCOS/funding agencies prevailing sanctions
procedures).
26 Reporting Obligations 26.1 The Consultant shall submit to the Client the No Change
reports and documents specified in Annexure-
1, in the form, in the numbers and within the
time periods set forth in Annexure-2.
27 Proprietary Rights of the 27.1 Unless otherwise indicated in the SCC, all No Change
Client in Reports and reports and relevant data and information
Records such as maps, diagrams, plans, databases,
other documents and software, supporting
records or material compiled or prepared by
the Consultant for the Client in the course of
the Services shall be confidential and become

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and remain the absolute property of WAPCOS.
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
WAPCOS
27.2 If license agreements are necessary or No Change
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 WAPCOS’s prior
written approval to such agreements, and
WAPCOS 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, office furniture and Not Applicable
Vehicles and materials made available to the Consultant by
Materials WAPCOS, or purchased by the Consultant
wholly or partly with funds provided by
WAPCOS, shall be the property of WAPCOS
and shall be marked accordingly. Upon

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termination or expiration of this Contract, the
Consultant shall make available to WAPCOS an
inventory of such equipment, vehicles, office
furniture and materials and shall dispose of
such equipment, vehicles and materials in
accordance with WAPCOS’s instructions.
While in possession of such equipment,
vehicles and materials, the Consultant, unless
otherwise instructed by WAPCOS in writing,
shall insure them at the expense of WAPCOS in
an amount equal to their full replacement
value.
28.2 Any equipment or materials brought by the
Consultant or its Experts into the India for the
No Change
use either for the project or personal use shall
remain the property of the Consultant or the
Experts concerned, as applicable.
D. CONSULTANT’S EXPERTS AND SUB-CONSULTANTS
29 Description of Key 29.1 The title, agreed job description, minimum In addition to GCC 29.1
Experts qualification and estimated period of Working Hours as applicable to the
engagement to carry out the Services of each WAPCOS employees will be applicable to
of the Consultant’s Key Experts are described the consultants also.
in GCB Annex-A and GCC/SCC Annexure-2
Digital copy (biometric / punching) of
attendance shall be submitted for every
month to WAPCOS for records.

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This is an exclusive contract for key
personnel with WAPCOS for this specific
project and the Key personnel posted at
the site office are not allowed to work in
any other projects.
30 Replacement of 30.1 Except as the Client may otherwise agree in No Change
Key Experts writing, no changes shall be made in the Key
Experts. 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. In such case, the
Consultant shall forthwith provide as a
replacement, a person of equivalent or better
qualifications and experience in similar nature
works, and at the same rate of remuneration.
The client /Employer reserves the right to
check the credentials submitted and conduct
interview to ascertain the competitiveness of
the replacement personnel in works of similar
nature.
31 Removal of Experts or 31.1 If WAPCOS finds that any of the Experts or Sub- No Change
Sub- consultants consultant has committed serious misconduct

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or has been charged with having committed a
criminal action, or shall WAPCOS determine
that Consultant’s Expert of Sub-consultant
have engaged in corrupt, fraudulent, collusive,
coercive or obstructive practice while
performing the Services, the Consultant shall,
at WAPCOS’s written request, provide a
replacement.
31.2 In the event that any of Key Experts, Non-Key No Change
Experts or Sub- consultants is found by
WAPCOS to be incompetent or incapable in
discharging assigned duties, the Client,
specifying the grounds therefore, may request
the Consultant to provide a replacement.
31.3 Any replacement of the removed Experts or No Change
Sub-consultants shall possess equivalent or
better qualifications and experience than the
existing personnel and shall be acceptable to
the Client.
31.4 The Consultant shall bear all costs arising out No Change
of or incidental to any removal and/or
replacement of such Experts.
31.5 In case, the client exercises the rights as per No Change
clause 31.1 to 31.3, the consultant has to

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provide replacement person within 60 days of
such action.
In case of absence of consultants due to
reasons mentioned in clause 30 & Clause 31,
work should go unhindered by using back
office support from the consultant’s home
office.
31.6 If the consultant fails to provide replacement In addition to GCC 31.6
within stipulated time
period (Cl 31.5) under clauses 30.2, 31.1 & 1. For key professional replaced for the
31.2, the consultant shall be liable to pay second time, penalties shall be double
penalties as under which shall be deducted that specified in GCC 31.6 (2 & 3).
from the consultant invoice presented to the 2. The Team Leader shall not be replaced
client /Employer in each month /each in the first 24 months from the contract
deliverable. commencement date unless the
1. Up to 60 days from the date of absence replacement is due to circumstances
of personnel no penalty shall be beyond the reasonable control of the
imposed Consultant, such as untimely death or
2. Between 60 days to 90 days from the medical incapacity which results in the
date of absence 50% of the amount of personnel incapable of discharging his
salary of absentee personnel shall be duties.
deducted as penalty 3. For reasons other than as stated above,
3. Beyond 90 days from the date of the consultant shall be liable for a penalty
absence, 100% of the amount of salary of 200% of the Team Leader’s one-month
of absentee personnel shall be

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imposed as penalty till the replacement remuneration and the replacement
is provided by the consultant against personnel approved.
the absentee personnel. 4. The Incumbent Team Leader shall
allowed to be relieved once the
replacement personnel joins his duties.
E. OBLIGATIONS OF THE CLIENT

32 Assistance and 32.1 Unless otherwise specified in the SCC, the No Change
Exemptions Client shall use its 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.
(c) Issue to officials, agents and
representatives of the Government all such
instructions and information as may be

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necessary or appropriate for the prompt and
effective implementation of the Services.
(d) Assist the Consultant and the Experts and
any Sub- consultants 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, any Sub-
consultants 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.
33 Access to Project Site 33.1 WAPCOS warrants that the Consultant shall No Change
have, free of charge, unimpeded access to the

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project site in respect of which access is
required for the performance of the Services.
WAPCOS will be responsible for any damage to
the project site or any property thereon
resulting from such access and will indemnify
the Consultant and each of the experts in
respect of liability for any such damage, unless
such damage is caused by the willful default or
negligence of the Consultant or any Sub-
consultants or the Experts of either of them.
34 Change in the 34.1 If, after the date of this Contract, there is any In addition to GCC 34.1
Applicable Law Related change in the applicable law in the Client’s Under GST law the contractor shall also
to Taxes and Duties country with respect to taxes and duties ( Only comply regarding filing of all the returns to
GST component) which increases or decreases the GST network/government
the cost incurred by the Consultant in departments within the stipulated time
performing the Services, then the every month or such other period as
remuneration and reimbursable expenses required by the Government. If the
otherwise payable to the Consultant under contractor does not comply with any of
this Contract shall be increased or decreased the GST laws and procedures and if
accordingly by agreement between the Parties WAPCOS incurs any liability on this
hereto, and corresponding adjustments shall account or does not get the input credit
be made to the Contract price amount from the GST Network/Government as
specified in Clause GCC 38.1 goods and/or service receiver due to the
contractor’s failure to comply with the
procedures of filing / uploading of

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data/submissions of documents etc in
time then all such liability including the
input credit of the GST lost by WAPCOS
and the penalties and interest incurred by
WAPCOS would be the liability of the
contractor and the same shall be
recovered either by recovery from
security deposits / any other amount
payable by the contractor to WAPCOS
or through direct payment. The
contractor shall submit the copy of latest
filed return - GSTR1 along with the invoice.
35 Services, Facilities and 35.1 WAPCOS shall make available to the
Property of the Client
Consultant and the Experts, for the purposes
Not Applicable
of the Services and free of any charge, the
services, facilities and property described in
the Terms of Reference (GCC/SCC Annexure-
1) at the times and in the manner specified, if
any, in said Annexure.
36 Counterpart 36.1 If necessary, staff/professionals, shall be made No Change
Personnel available to the consultant for support in
terms of Liasioning with various line
departments and other activities during
project development.

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36.2 Professional and support counterpart Not Applicable
personnel, excluding WAPCOS’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 WAPCOS shall not
unreasonably refuse to act upon such request.
37 Payment 37.1 In consideration of the Services performed by No Change
Obligation the Consultant under this Contract, WAPCOS
shall make such payments to the Consultant
for the deliverables specified in Annexure-2
and in such manner as is provided by GCC F
below.
F. PAYMENTS TO THE CONSULTANT
38 Contract Price 38.1 The Contract price is fixed and is set forth in The total cost of services is set forth in
the SCC. The Contract price breakdown is Annexure-3 as per consultant’s proposal
provided in Annexure-3. to the client/Employer and as negotiated
thereafter. Under no circumstances, the
contract price shall go above the quoted
price.

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38.2 Any change to the Contract price specified in
Clause 38.1 can be made only if the Parties
have agreed to the revised scope of Services No Change
pursuant to Clause GCC 16 and have amended
in writing the Terms of Reference in Annexure-
1.
39 Taxes and Duties 39.1 The Consultant, Sub-consultants and Experts GST at actuals shall be paid on the
are responsible for meeting any and all tax quoted/corrected base value as per GST
liabilities arising out of the Contract unless it is law in India after submission of
stated otherwise in the SCC. appropriate GST invoices with GSTIN of
the bidder.
Invoice as per GST Act should be furnished
prior to every running account/final bills.
Tax will be deducted at source as per the
prevailing Income tax rules.
40 Currency of 40.1 Any payment under this Contract shall be All payments shall be made in Indian
Payment made in the currency(ies) of the Contract. Rupees. The Consultant shall be free to
convert Rupees into any foreign currency
as per Applicable Laws. The Consultant
may convert INR into any foreign currency
as per Applicable Laws and the exchange
risk, if any, shall be borne by the
Consultant.

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41 Mode of Billing 41.1 The total payments under this Contract shall No Change
and Payment not exceed the Contract price set forth in
Clause GCC 38.1.
41.2 The payments under this Contract shall be No Change
made in lump-sum instalments against
deliverables specified in Annexure-2.
Mobilization 41.2.1 Advance payment: Unless otherwise indicated Not Applicable
Advance in the SCC, an advance payment shall be made
against an advance payment bank guarantee
acceptable to the Client in an amount (or
amounts) and in a currency (or currencies)
specified in the SCC. Such guarantee (i) is to
remain effective until the advance payment
has been fully set off or in such other form as
the Client shall have approved in writing. The
advance payments will be set off by the Client
in equal portions against the lump-sum
instalments specified in the SCC until said
advance payments have been fully set off.
41.2.2 The Lump-Sum Instalment Payments. In addition to GCC 41.2.2
WAPCOS shall pay the Consultant within sixty 1. The time shall be changed from 60 to 45
(60) days after the receipt by the Client of the days.
deliverable(s) and the cover invoice for the 2. Once a milestone is completed, the
related lump-sum instalment payment. The consultant shall submit the requisite
payment can be withheld if WAPCOS does not deliverables as specified within the

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approve the submitted deliverable(s) as timelines as specified in the contract.
satisfactory in which case WAPCOS shall WAPCOS shall release the requisite
provide comments to the Consultant within payment up on acceptance of the
the same sixty (60) days period. The deliverables.
Consultant shall thereupon promptly make 3. If the deliverables submitted by the
any necessary corrections, and thereafter the consultant are not acceptable to the
foregoing process shall be repeated. client/Employer, reasons for such non
acceptance should be recorded in writing;
the client shall not release the payment
due to the consultant for same. This is
without prejudicing the client’s right to
levy any liquidated damages under
GCC/SCC clause 43.In such case, the
payment will be released to the consultant
only after it resubmits the deliverable and
which is accepted by the client.
41.2.3 The Final Payment. The final payment under As
this Clause shall be made only after the final
report have been submitted by the
Consultant and approved as satisfactory by
WAPCOS. The Services shall then be deemed
completed and finally accepted by WAPCOS.
The last lump-sum instalment shall be
deemed approved for payment by WAPCOS
within ninety (90) calendar days after receipt

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of the final report by WAPCOS unless
WAPCOS, within such ninety (90) calendar day
period, gives written notice to the Consultant
specifying in detail deficiencies in the
Services, the final report. The Consultant shall
thereupon promptly make any necessary
corrections, and thereafter the foregoing
process shall be repeated. All payments under
this Contract shall be made to the accounts of
the Consultant specified in the SCC.
41.2.4 With the exception of the final payment No Change
under 41.2.3 above, payments do not
constitute acceptance of the whole Services
nor relieve the Consultant of any obligations
hereunder.
Performance 41.2.5 The Agency Shall furnish a Performance Applicable
Security Guarantee in the form of DD/FDR in favour of
WAPCOS Ltd. or in the form of BG on the
Performa of WAPCOS Ltd. from a
Nationalized/Scheduled Bank to the extent of
5% (Five Percent) of the value of total agency
fees of Works within 10 days of the issue of
Letter of Acceptance or The Performance
Security amount will be deducted from the
First Running Bill of the Selected Bidder. The

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Bank Guarantee shall remain valid till
completion of project/taking over by client
whichever is later. This Performance
Guarantee initially be submitted with the
validity till scheduled completion period as
per tender document but in case of extension
of completion due to any reason, it is the
responsibility of the agency to get it extended
one month prior to its expiry without any
claim on it, in case of failure, WAPCOS may get
it en-cashed without giving any notice.The
performance security shall be returned to the
consultant after completion of project/taking
over by client whichever is later,
Encashment and 41.2.6 The authority shall have the right to invoke Not Applicable
appropriation of and appropriate the proceeds of the
performance security performance security , in whole or in part ,
without notice to the consultant in the event
of breach of this agreement or for recovery of
liquidated damages specified in GCC clause 43

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Security Deposit 41.2.7 The security Deposit shall be deducted from Applicable
each running bill of the Selected Bidder @ 5%
(Five per cent only) of the gross value of the
Running Account bill. No Interest shall be paid
on amount so deducted. WAPCOS reserves
the right of part or full forfeiture of retention
money in addition to other claims in the event
of agency’s failure to fulfill any of the
contractual obligations or in the event of
termination of contract as per terms and
conditions of contract. After successful
completion of the work, the Security Deposit
shall be released.

42 Interest on 42.1 If WAPCOS had delayed payments beyond Not Applicable


Delayed Payments fifteen (15) days after the due date stated in
Clause GCC 41.2.2 , 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.
43 Liquidated 43.1 Liquidated Damages for Error /Variation.
damages and penalty In case of any error or Variation OR plagiarism
is detected in the data, data analysis or
reports submitted by the consultant and such
error or variation is the result of negligence or

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lack of due diligence on the part of the
consultant, the consequential damages
thereof shall be quantified by WAPCOS in a
reasonable manner and recovered by way of
deemed liquidated damages, subject to a
maximum of 10% (10 percent) of the
Agreement value.
43.2 Liquidated Damages for delay In addition to GCC 43.2
If the deliverables are not submitted as per If the deliverables are not acceptable to
the work plan agreed under this agreement, WAPCOS as per GCC/SCC Clause No: 41.2.2
the consultant shall be liable to pay 0.5% of and defects are not rectified to the
the Total cost of services delayed of each satisfaction of the client /Employer within
week or part thereof. The amount of 30 days of the receipt of notice, the
liquidated damages under this contract shall consultant shall be liable for liquidated
not exceed 10% of contract value. However, damages for an amount equal to 0.5% of
in case of delay due to reasons beyond the the total cost of services for every week or
control of consultant, suitable time extension part thereof for the delay.
shall be granted. In case of delays not attributable to
consultant, the consultant shall notify
WAPCOS, not later than 14 days from the
occurrence of such event, reasons along
with the delay analysis for processing the
case for time extension.
G. FAIRNESS AND GOOD FAITH

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RESTORATION OF POOKODE LAKE AND PREMISES WAYANAD”

General Conditions of Contract Special Conditions of Contract


44 Good Faith 44.1 The Parties undertake to act in good faith No Change
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.
Operation of 44.2 The parties recognize that it is impractical in No Change
Agreement this agreement to provide every contingency
which may arise during the effective life of the
agreement ,and the parties hereby agree that
it is their intention that this agreement shall
operate fairly as between them ,and without
detriment to the interest of either of them
and that , if during the term of this agreement
either party believes that this agreement is
operating unfairly, the parties will use their
best efforts to agree on such action as may be
necessary to remove the causes or causes of
such unfairness , but failure to agree on any
action pursuant to this clause shall not give
rise to a dispute subject to arbitration in
accordance with GCC Clause 45 thereof
H. SETTLEMENT OF DISPUTES

45 Amicable 45.1 The Parties shall seek to resolve any dispute


Settlement amicably by mutual consultation.

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General Conditions of Contract Special Conditions of Contract


45.2 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 46.1 shall
apply.
46 Dispute Resolution/ 46.1 Any dispute between the Parties arising In addition to GCC 46.1
Conciliation under or related to this Contract that cannot The parties shall make their best efforts to
be settled amicably may be referred to by settle amicably the disputes, if any, arising
either Party to the adjudication/arbitration in out or in connection with this assignment or
accordance with the provisions specified in the interpretation there of. If a dispute
the SCC. arising between the parties cannot be
settled amicably within thirty days the
dispute shall be decided by CMD, WAPCOS
subject to a written appeal by the agency to
CMD, WAPCOS whose decision shall be final
and binding to the parties hereto.

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR and Bid Document for the work “RENOVATION AND
RESTORATION OF POOKODE LAKE AND PREMISES WAYANAD”

General Conditions of Contract Special Conditions of Contract


47 Arbitration 47.1 1) In the case of dispute arising upon or in “Any dispute, Controversy of claims
relation to or in connection with the contract arising out of or relating to this Agreement
between the Client/Employer and the or the breach, termination or invalidity
thereof, shall be settled through following
Consultant, which has not been settled
mechanism:
amicably, any party can refer the dispute for a) Firstly, the aggrieved party shall write a
Arbitration under (Indian) Arbitration and letter to the other party detailing its
Conciliation Act, 1996. Such disputes shall be grievances and calling upon the other
referred to a Sole Arbitrator who is appointed party to amicably resolve the dispute by
from among the Panel of Arbitrators to be convening a joint meeting. Accordingly,
maintained by the Employer. the parties as per their convenience
2) Seat and venue of the Arbitration shall jointly convene the said
proceedings shall be in Kochi and the language meeting(s), wherein minutes of the said
of the arbitration proceedings and meeting(s) shall be prepared and
communications between the parties shall be countersigned by all the parties. It is
English mandatory to prepare minutes of
3) The decision of the Sole Arbitrator shall be meeting(s)and to be countersigned by
final and binding upon both parties. The all the parties, irrespective of the
expenses of the arbitrators as determined by outcome of the said meeting(s).
the arbitrators shall be shared equally by the
Client/Employer and the Consultant. However, b) In the event the parties are unable to
the expenses incurred by each party in reach on my settlement in the said
connection with the preparation, presentation meeting(s), then the aggrieved party
shall be borne by the party itself. All arbitration shall mandatory resort to pre-litigation
awards shall be in writing and shall state the mediation mechanism with Delhi High
reasons for the award. The arbitrator’s shall Court Mediation Cell, New Delhi.

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR and Bid Document for the work “RENOVATION AND
RESTORATION OF POOKODE LAKE AND PREMISES WAYANAD”

General Conditions of Contract Special Conditions of Contract


always give item wise and reasoned awards
irrespective of the value of claim(s) in the c) It is only upon failure of the pre-
dispute in all cases. litigation mediation mechanism with
Delhi High Court Mediation Cell, then
the aggrieved party shall resort to
resolution of disputes through
arbitration of a Sole Arbitrator. The
appointing authority of Sole Arbitrator
is CMD, WAPCOS Limited, to which
neither of the parties have any
objection nor they shall ever object.

d) Subject to the parties agreeing


otherwise, the Arbitration proceedings
shall be conducted in accordance with
the provisions of the Indian Arbitration
and Conciliation Act, 1996 (amended as
on date).

e) It is also acknowledged and accepted


that WAPCOS is only working as
intermediary between the
Associate/Sub-Consultant/Sub-
Contractor and the Principal
Employer/Client, thus the event, any

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RESTORATION OF POOKODE LAKE AND PREMISES WAYANAD”

General Conditions of Contract Special Conditions of Contract


dispute arises under the present
agreement and referred to Arbitration
for adjustment, then subject to
corresponding clause in the
Contract/Agreement/Work
Order/Agreement between Principal
Employer/Client & WAPCOS, Principal
Employer/Client shall also be made
party to the said Arbitration
proceedings. Also, the award including
costs if any passed against WAPCOS and
costs incurred in the proceedings shall
be the sole responsibility of Principal
Employer/Client. The said clause if
found inapplicable, even then the other
terms of the Arbitration Clause shall
survive and shall be acted upon.
f) The place/seat of arbitration shall be
Delhi and any award weather interim or
final, shall be made, and shall be
deemed for all purpose between the
parties to be made, in Delhi. The
arbitration procedure shall be
conducted in English language and any
award or awards shall be rendered in

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR and Bid Document for the work “RENOVATION AND
RESTORATION OF POOKODE LAKE AND PREMISES WAYANAD”

General Conditions of Contract Special Conditions of Contract


English. The procedural law of the
arbitration shall be Indian law. The
award of the arbitrator shall be final and
conclusive and binding upon the
Parties.

g) The Contract and any dispute or claim


arising out of or in connection with it or
its subject matter of formation
(including non-contractual disputes or
claims) shall be governed by and
construed in accordance with the laws
of India and the Parties submit to sole &
exclusive jurisdiction of courts at Delhi.”

48 Jurisdiction 48.1 Subject to above mentioned Arbitration Clause


any dispute or differences arising out of this
agreement shall fall under the exclusive
jurisdiction of Courts at Ernakulum.
1.0 GENERAL INSTRUCTIONS
 Proposal Document shall be a self-contained one and no reference to any previous submissions will be permitted
 If any information in the Proposal is missing or not clearly specified or found ambiguous, it will be assumed that the Bidder is not in a
position to supply/share the information and therefore, will be evaluated accordingly
 Proposal Document shall not include any financial conditions and Proposal containing such conditions shall be liable to be rejected.
 Any direct or indirect attempt made to influence WAPCOS in deciding the results of the tender will result in disqualification of the agency

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 Submission of Proposal, by itself, does not guarantee any consideration for appointment of the firm with WAPCOS and the same shall be
governed by the qualifying criteria
 WAPCOS reserves the right to reject any or all Proposal documents without assigning any reason whatsoever.
 If the firm does not commence the Services within the period specified at the time of agreement or fail to deliver the desired results,
WAPCOS may, declare this Agreement to be null and void, with a prior notice of one week and services of the firm will be terminated. In
case of unsatisfactory performance, WAPCOS shall have the right to terminate the contract and get the work done from open market at
the firm’s risk and cost.
 WAPCOS is not bound to accept any of the bids submitted and reserves the right to reject or amendments/queries without assigning any
reason.
 Joint Venture / Consortium / any kind of association is not allowed.
 The rate should include calibration, insurance, boarding, lodging, food transportation etc. and nothing extra shall be paid over and above
the contract price.
 The Bidder shall be responsible to take all precautions to ensure safety of the public and his own personnel while working in Project Area.
Further, Bidder will be required to take the following insurances at their own cost
 Third party liability Insurance
 Workers Compensation Insurance in respect of Bidders personnel
 Any other relevant insurance for public & bidder’s personnel in accordance with the relevant provisions of the applicable land
 Insurance of all machines and equipment’s
 The agency shall comply with the provisions of the following acts :
 Contract Labour (Regulation & Abolition) Act, 1970
 Employees Provident Fund Act, 1952
 Minimum Wages Act, 1948 (Amended)
 Employer Liability Act, 1938 (Amended)
 Industrial Employment Act, 1946 (Amended)
 Personnel Injuries (Compensation Insurance) Act, 1963 (Amended)

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and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

TERMS OF REFERENCE (SCOPE OF WORK)

&

TECHNICAL SPECIFICATIONS

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

ANNEXURE-I
SCOPE OF WORK

a) Take WAPCOS instructions, visit the site, prepare and submit Site and Architectural plans
as per requirements including preparation of alternatives and carrying out necessary
revision still the plans are finally approved by WAPCOS/DTPC WAYANAD and Concerned
Authorities in accordance with the rules/codes/standards, regulations etc. of
Government of India. The firm shall prepare BOQ &Cost Estimates.

b) The scope of work includes but is not limited to site evaluation / assessment, ,
preparation of feasibility reports, preparation of concept / master plan, preparation of
detailed architectural and structural design, preparation of DPR, preparation of
preliminary / working / GFC drawings, preparation of tender documents, BOQ and
detailed specifications, planning and design of services including MEP / HVAC,
lifts/elevators, fire detection, fire protection and security system, interior designs,
landscape architecture, integrated building management system, STP, WTP, selection of
material / approval of samples, periodic inspection and evaluation of works, check and
approve shop drawings submitted by contractors, signage plan, obtaining statutory
approvals from authorities/local bodies, obtaining NOC of municipal / local bodies,
submission of ‘as built drawings’, and obtaining completion certificates from statutory
authorities.

c) The existing buildings are to be demolished before construction of proposed buildings.


The scope of work shall include the calculations of reserve price of the existing structures
by calculating the salvage value and demolition cost of the same.

d) Prepare required detailed drawings on receipt of approval of the plans by WAPCOS.


Carry out Topographical Surveys and Geotechnical Investigations, as per standard code
of practices and certified by competent authorities. Obtaining statutory approvals from
authorities as required.

e) Facilitate, design and prepare architectural and Structural drawings as applicable,


detailed estimates of cost, LMR analysis based on PRICE and all such other particulars as
may be necessary for preparation of the bill of quantities and take all the necessary
statutory approvals from the authorities and departments. If the rates are not available
in Schedule, the rate will be worked out on the basis of the current market rates (PRICE
Kerala) / on the basis of quotations received from standard manufacturers /
suppliers.

f) Prepare detailed tender documents for various works, special conditions, conditions of
contract, technical specification, bill of quantities etc.

g) Prepare such further details and drawings as are necessary for proper execution of the
works.

h) Assist WAPCOS in Certification after test/commissioning/ final inspection and check as


the case may be, the completion of the work and/or satisfactory functioning of the
system in services and utilities as the case may be.

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and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
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i) Wherever the work involves any structural design/additions/alterations, the firm’s hall
furnish one complete set of structural design and its calculations certified by competent
authorities for WAPCOS approval.

j) Vetting of drawings/documents/designs in respect of concept & master plans,


architectural and structural details, all allied services, external development works,
selection of equipment and accessories etc. complete for ensuring intended objectives
of the project. The vetting of the structural drawings shall be done by reputed
Engineering colleges.

k) The firm shall attend periodical review meetings as mutually agreed for smooth
completion of work and attend meetings as called by WAPCOS.

l) During planning stage, the Architects/or its representatives shall visit WAPCOS office for
finalization of plans, quantity estimates, rate analysis and tender documents or for any
other purpose in connection with the work as required.

m) Assisting WAPCOS in day to day field activities including comprehensive suggestions,


advises and supervisory consultancy and monitoring the implementation of project by
providing suitable manpower.

n) The firm shall be wholly responsible for the successful completion of the Project in all
respects consistent with safety and structural stability from the inception up to the
handing over for occupation to WAPCOS.

DELIVERABLES

S.No. Deliverables Timelines


Stage 1- Planning and Design
1. Final Architectural and Design Report (soft 1 W e e k from the date of Signing of
and 1 Hard copy) Agreement
2. Final Architectural and Structural detailed 2 Week from the date of approval of
drawings for constructions and PRICE Final Plans
Estimates (soft and 1 Hard copies)

3. Tender documents for the above works (2 1 Week from the date of approval of
Hard copies and soft copy) final Structural Design and Drawings

**The agency should assist WAPCOS till the completion of the Project

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

GCC ANNEX - 2

TIME SCHEDULE, PAYMENT SCHEDULE

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

PAYMENT SCHEDULE, MILESTONES & PENALTY

Stage Sl.No Mile Stone % Payment Cumulative


Percentage
Payment
Stage-1 1 On Floating of NIT for the 50% 50%
Work
Stage-2 2 On Completion of 50% of 25% 75%
Work at Site.
Stage-3 3 Completion and Handing Over 25% 100%
of the Project
**The agency should assist WAPCOS till the completion of the Project
Note: Payment shall be made in INR. Payment shall be made after deductions of applicable
taxes, duties etc. All Payments Shall be released after receipt of payment for DPR
Preparation Charges by WAPCOS from Client.

“The Associate/Sub-consultant/Sub-Contractors acknowledges that under the present


Contract/Agreement/Work Order/Agreement, WAPCOS is only working as intermediary
between DTPC Wayanad being Principal Employer/Client and Associate/Sub-consultant/Sub-
Contractor. Thus the Associate/Sub-consultant/Sub-Contractor unconditionally
acknowledges that the payments under the present Contract/Agreement/Work
Order/Arrangement shall be made proportionately by WAPCOS only on back to back basis
i.e., after 21 days subject to receipt of payment for DPR Preparation Charges from DTPC
Wayanad being Principal Employer/Client. The Associate/Sub-consultant/Sub-contractor also
unconditionally agree that in the event the payment or part thereof, under the present
Contract/Agreement/Work Order/Agreement is not received from DTPC Wayanad (Principal
Employer/Client), then WAPCOS &/or any of its Employee/Officer shall not be responsible to
pay any amount to Associate/Sub-consultant/Sub-Contractor. The said condition shall
supersede any and all other conditions of Contract/Agreement/Work Order/Arrangement
between the parties.”
PAYMENT SCHEDULE

The selected bidder will be paid on a Pro- Rata basis as received from the Client in line with
the awarded contract value to the successful contractor. WAPCOS Limited will not pay any
amount as advance to the selected bidder. No additional payment will be allowed above the
rates quoted on any account. Payment shall be made on receipt of the payment for DPR
Preparation Charges from the client. The final payment to the selected bidder will be released
based on the final completed value of work.
Note:
a) No claim /additional fees on account of any price variation/Escalation on whatsoever
ground shall be entertained at any stage of works. Quoted fees shall be firm and fixed for
entire contract period as well as extended period for completion of the works.
b) Agency shall submit his bill along with full description about service provided, separately
for both of the works.
c) Consultant/Agency shall not claim payment against pending services or incomplete
stages of work.
d) All payments paid to Consultant/Agency are advance payments in the form of running
account bills & it can be adjusted at any stage as well as during finalization of final bill.
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e) WAPCOS reserves the right to carry out the services independently from the Structural
Consultant if desired & payment will be made to structural consultant.
f) In case only a part of the project is continued beyond any stage, on further payment shall
be made to the Consultant/Agency for the part not executed. Further payments shall be
released proportionate to the part continued beyond the above stage
g) The cost of references to be made by the Architect to his in house professional experts
or outside professional experts are included in Architect’s fees and nothing extra will be
paid by WAPCOS on this account.

LIABILITY
The Selected bidder will be liable to WAPCOS as WAPCOS is liable to client.

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and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
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GCC ANNEX - 3

PRICE BID FORMAT

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and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

PRICE BID
Date:…………………..
To,
The Regional Manager,
WAPCOS Limited,
ISAAC Tower, 4th floor,
JawaharNagar ,Kadavanthra, Kochi – 682020
Email: kochi@wapcos.co.in/ wapcoscochin@gmail.com
Website – www.wapcos.co.in

Subject: Selection of Consultant/Agency for the preparation of detailed designs, drawings


& DPR and Bid Document for “RENOVATION AND RESTORATION OF POOKODE
LAKE AND PREMISES WAYANAD”-reg
Sir
We, _______________, here with enclose our duly signed& stamped quotation for the
above mentioned work.

We further undertake to accept the Terms and Conditions as per the Letter of Invitation
addressed to us, and Terms of Reference (TOR). The signed and duly stamped copy of
Terms of Reference (TOR) is enclosed herewith as a token of acceptance of the terms and
conditions as stipulated in Terms of Reference.
Thanking you,

Yours Sincerely

Authorized Signatory
Name, Designation & Address

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and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

Price Bid/Quotation
Date:…………………….
To,
The Regional Manager,
WAPCOS Limited,
ISAAC Tower, 4th floor,
JawaharNagar ,Kadavanthra, Kochi – 682020
Email: kochi@wapcos.co.in/ wapcoscochin@gmail.com
Website – www.wapcos.co.in

Subject: Financial offer for the preparation of detailed designs, drawings & DPR and Bid
Document for “RENOVATION AND RESTORATION OF POOKODE LAKE AND PREMISES
WAYANAD”-reg
Sir,
With reference to your letter of invitation addressed to us, we undertake to provide
execution services under terms and conditions mentioned in the Terms of Reference (TOR)
for the following work at the rate quoted, on the estimated cost or the actual cost of the
project implemented whichever is lower.

Rate in Percentage(%) of Project cost


Excluding GST
Sl.NO. Description of Work Unit
In Figures In Words

1 Preparation of Detailed
designs, drawings & DPR
……………………………………..
and Bid Document for
“RENOVATION AND % ……………… ……………………………………..
RESTORATION OF
Percentage
POOKODE LAKE AND
PREMISES WAYANAD” as
per the job scope

*GST at applicable rates shall be paid extra


Yours Sincerely

Authorized Signatory
Seal of the Company Name, Designation & Address

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Consultant/Agency for the Survey & investigations, preparation of detailed designs, drawings, DPR
and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
PREMISES WAYANAD”

GCC ANNEX - 4

Agency Policy-Corrupt and Fraudulent Practices

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and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
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CORRUPT AND FRAUDULENT PRACTICES POLICY


The Employer, the Implementing Agency and the contractors, suppliers or consultants must
observe the highest standard of ethics during contract procurement and performance. By
signing the Statement of Integrity (form available as Appendix to Letter of Bid) the contractor,
supplier or consultant declares that (i) “it did not engage in any practice likely to influence
the contract award process to the Employer's detriment, and that it did not and will not get
involved in any anti-competitive practice”, and that (ii) “the negotiation, the procurement and
the performance of the contract did not and shall not give rise to any act of corruption or
fraud”.

Moreover, the Agency requires including in the Bidding Documents and Agency financed
contracts a provision requiring that bidders and contractors, suppliers and consultants will
permit the Agency to inspect their accounts and records relating to the procurement and
performance of the Agency-financed contract, and to have them audited by auditors
appointed by the Agency.

The Agency reserves the right to take any action it deems appropriate to check that these ethics
rules are observed and reserves, in particular, the rights to:

Reject a proposal for a contract award if it is established that during the selection process
the bidder that is recommended for the award has been convicted of corruption,
directly or by means of an agent, or has engaged in fraud or anticompetitive practices
in view of being awarded the contract;

Declare mis-procurement when it is established that, at any time, the Employer, the
contractor, the supplier, the consultant or its representatives have engaged in acts of
corruption, fraud or anti- competitive practices during the contract procurement or
performance without the Employer having taken appropriate action in due time
satisfactory to the Agency to remedy the situation, including by failing to inform the
Agency at the time they knew of such practices.

The Agency defines, for the purposes of this provision, the terms set forth
below as follows:
a) Corruption of a public officer means:

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and Bid Document for the work “RENOVATION AND RESTORATION OF POOKODE LAKE AND
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The act of promising, offering or giving to a public officer, directly or


indirectly, an undue advantage of any kind for himself or for another person or
entity, for such public officer to act or refrain from acting in his official capacity;
or

The act by which a public officer solicits or accepts, directly or indirectly, an undue
advantage of any kind for himself or for another person or entity, for such public
officer to act or refrain from acting in his official capacity.

b) A "public officer" shall be construed as meaning

any person who holds a legislative, executive, administrative or judicial


mandate (within the State of the Employer) regardless of whether that person
was nominated or elected, regardless of the permanent or temporary, paid or
unpaid nature of the position and regardless of the hierarchical level the person
occupies;

any other person who performs a public function, including for a State
institution or a State- owned company, or who provides a public service;

any other person defined as a public officer by the national laws of the Employer.
c) Corruption of a private person means:
the act of promising, offering or giving to any person other than a public
officer, directly or indirectly, an undue advantage of any kind for himself or for
another person or entity, for such person to perform or refrain from performing
any act in breach of its legal, contractual or professional obligations; or

the act by which any person other than a public officer solicits or accepts, directly
or indirectly, an undue advantage of any kind for himself or for another person
or entity, for such person to perform or refrain from performing any act in
breach of its legal, contractual or professional obligations.

d) Fraud means any dishonest conduct (act or omission), whether or not it


constitutes a criminal offence, deliberately intended to deceive others, to
intentionally conceal items, to violate or vitiate consent, to circumvent legal or

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regulatory requirements and/or to violate internal rules in order to obtain


illegitimate profit.

e) Anti-competitive practices means:


any concerted or implied practices which have as their object or effect the
prevention, restriction or distortion of competition within a marketplace, especially
where they (i) limit access to the marketplace or free exercise of competition by other
undertakings, (ii) prevent free, competition-driven price determination by artificially
causing price increases or decreases, (iii) restrict or control production, markets,
investments or technical progress; or (iv) divide up market shares or sources of supply.
any abuse by one undertaking or a group of undertakings which hold a dominant
position on an internal market or on a substantial part of it.
any practice whereby prices are quoted or set unreasonably low, the object of which
is to eliminate an undertaking or any of its products from a market or to prevent it
from entering the market.

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