R FP Document

REQUEST FOR PROPOSAL (RFP)
(For EPC CONTRACT)
APPOINTMENT OF
AUTHORITY ENGINEER
For
PROVIDING PROJECT MANAGEMENT SERVICES
For
CONSTRUCTION OF NEW BROAD GAUGE LINE TRACK

BETWEEN SINDHANUR (EXCL.) (84820) AND MAMDAPUR (INCL.)
(158290) (73.47 KM) UNDER GINIGERA (GIN) - RAICHUR (RC)
NEW LINE PROJECT (165.57 KM) INCLUDING SIGNALLING,
TELECOMMUNICATION & ELECTRICAL WORKS
ON
ENGINEERING, PROCUREMENT & CONSTRUCTION (EPC) MODE
MINISTRY OF RAILWAYS
SOUTH WESTERN RAILWAY
GOVERNMENT OF INDIA
Signature Not
Verified
Digitally signed by
PRADEEP KUMAR
Date: 2023.06.09
12:59:18 IST
Reason: IREPS-CRIS
Location: New Delhi
Table of Contents
1. Introduction ..................................................................................................................................... 6
1.1. Background............................................................................................................................. 6
1.2. Brief description of Bidding Process ...................................................................................... 8
1.3. Schedule of Bidding Process .................................................................................................. 9
2. Instructions to Bidder(s) (ITB) ..................................................................................................... 10
2.1. General.................................................................................................................................. 10
2.2. Submission of Bids ............................................................................................................... 11
2.3. Bid Security for RFP ............................................................................................................ 11
2.4. Validity of the Bid ................................................................................................................ 14
2.5. Preparation of Bids ............................................................................................................... 14
2.6. Technical Bid........................................................................................................................ 14
2.7. Financial Bid......................................................................................................................... 16
2.8. Conflict of Interest ................................................................................................................ 16
2.9. Number of Bids .................................................................................................................... 17
2.10. Site Visit and Verification of Information ............................................................................ 17
2.11. Acknowledgement by Bidder ............................................................................................... 17
2.12. Clarifications / Queries by Bidders....................................................................................... 18
2.13. Amendment of RFP .............................................................................................................. 18
2.14. Letter of Award (LOA) and Signing of Agreement ............................................................. 19
2.15. Performance Security ........................................................................................................... 19
2.16. Fraud and Corrupt Practices ................................................................................................. 20
2.17. Intellectual Property ............................................................................................................. 21
2.18. Confidentiality ...................................................................................................................... 21
2.19. Foreign Companies ............................................................................................................... 21
2.20. Evaluation of Bids ................................................................................................................ 22
3. Criteria for Eligibility& Evaluation .............................................................................................. 23
3.1. Conditions of Eligibility of Bidders ..................................................................................... 23
3.2. Evaluation of Technical Bid ................................................................................................. 25
3.3. Shortlisting of Bidders .......................................................................................................... 28
3.4. Evaluation of Financial Bid .................................................................................................. 29
3.5. Combined Techno-Financial Evaluation (QCBS) ................................................................ 29
3.6. Selection of Authority Engineer ........................................................................................... 29
3.7. Execution of Agreement ....................................................................................................... 30
3.8. Commencement of PMS ....................................................................................................... 30
4. Miscellaneous ............................................................................................................................... 31
SCHEDULES ....................................................................................................................................... 32
Schedule 1: Form of PMS Agreement .................................................................................................. 33
PMS AGREEMENT ..................................................................................................................... 35
1. Interpretation............................................................................................................... 36
2. PMS ............................................................................................................................ 37
3. Authority Engineer’s Services .................................................................................... 37
4. Delays in providing the Services by the Authority Engineer and Extension of Time 41
5. Force Majeure ............................................................................................................. 43
6. Termination................................................................................................................. 44
7. Amendment/Waiver .................................................................................................... 45
8. Liability of Bidder to the Client and Insurance........................................................... 45
Request For Proposal for PMS
9. Confidential Information ............................................................................................ 47

10. Disputes ...................................................................................................................... 47
11. Status........................................................................................................................... 56
12. Set Off ......................................................................................................................... 56
13. Notices ........................................................................................................................ 56
14. Governing Law ........................................................................................................... 57
15. Assignment ................................................................................................................. 57
16. Entire Agreement ........................................................................................................ 57
17. Severability ................................................................................................................. 57
18. Authority Engineer’s work on the PMS to be the property of Authority ................... 57
19. Waiver......................................................................................................................... 58
Terms of Reference (TOR) ........................................................................................................... 61
1. Background ................................................................................................................. 61
2. Objective with brief Scope of work ............................................................................ 61
3. General ........................................................................................................................ 62
4. Construction Period .................................................................................................... 64
5. Determination of costs and time ................................................................................. 78
6. Payments ..................................................................................................................... 79
7. Other duties and functions .......................................................................................... 79
8. Miscellaneous ............................................................................................................. 79
9. Weekly & Monthly Meetings: .................................................................................... 80
10. Manpower Deployment .............................................................................................. 80
11. Terms & Conditions of Payment and Deployment ..................................................... 83
Payment Schedule ......................................................................................................................... 87
Bank Guarantee for Performance Security ................................................................................... 88
APPENDICES ...................................................................................................................................... 94
APPENDIX-I ........................................................................................................................................ 95
Technical Bid Form – 1: Letter Comprising the Bid .................................................................... 95
Technical Bid Form – 2: Particulars of the Bidder ....................................................................... 99
Technical Bid Form – 3: Statement of Legal Capacity............................................................... 101
Technical Bid Form – 4: Power of Attorney for Signing of the Bid........................................... 102
Technical Bid Form – 5: Power of Attorney .............................................................................. 104
Technical Bid Form – 6: Format of Joint Bidding Agreement (in case of JV /Consortium) ...... 107
Technical Bid Form – 7: Financial Capacity of the Bidder ........................................................ 112
Technical Bid Form – 8: Particulars of Key Personnel .............................................................. 113
Technical Bid Form – 9: Proposed Methodology and Work Plan .............................................. 114
..............................
Technical Bid Form – 10: Abstract of Eligible Assignment of the Bidder# 115
Technical Bid Form – 11: Abstract of Eligible Assignments of Key Personnel ........................ 116
Technical Bid Form – 12: Curriculum Vitae (CV) for Proposed Key Personnel ....................... 117
Technical Bid Form – 13: Eligible Assignments of Bidder ........................................................ 119
Technical Bid Form – 14: Eligible Assignment of Key Personnel ............................................. 120
Technical Bid Form – 15: Deployment of Key Personnel .......................................................... 121
Technical Bid Form – 16: Affidavit............................................................................................ 122
Technical Bid Form – 17 ............................................................................................................ 124
Financial Bid Form – 1: Breakdown of Costs for Financial Bid (Indicative)............................. 125
APPENDIX III .................................................................................................................................... 128
APPENDIX IV ................................................................................................................................... 129
APPENDIX-V .................................................................................................................................... 134
3
DISCLAIMER
The information contained in this Request for Proposals document (“RFP”) or subsequently provided
to Bidders, whether verbally or in documentary or any other form by or on behalf of the Authority or
any of its employees or advisers, is provided to Bidders on the terms and conditions set out in this
RFP and such other terms and conditions subject to which such information is provided.
This RFP is not an agreement or an offer by the Authority to the prospective Bidders or any other
person. The purpose of this RFP is to provide interested parties with information that may be useful to
them in the formulation of their Proposals pursuant to this RFP. This RFP includes statements, which
reflect various assumptions and assessments arrived at by the Authority in relation to the Project
Management Services (PMS). Such assumptions, assessments and statements do not purport to
contain all the information that each Bidder may require. This RFP may not be appropriate for all
persons, and it is not possible for the Authority, its employees or advisers to consider the objectives,
technical expertise and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in this RFP, may not be complete, accurate,
adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and
should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments and information contained in this RFP and obtain independent advice from appropriate
sources.
Information provided in this RFP to the Bidders may be on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an exhaustive
account of statutory requirements and should not be regarded as a complete or authoritative statement
of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or
opinion on the law expressed herein.
The Authority, its employees and advisers make no representation or warranty and shall have no
liability to any person including any Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense
which may arise from or be incurred or suffered on account of anything contained in this RFP or
otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the RFP and
any assessment, assumption, statement or information contained therein or deemed to form part of this
RFP or arising in any way in this Selection Process.
The Authority also accepts no liability of any nature whether resulting from negligence or otherwise,
howsoever caused, arising from reliance of any Bidder upon the statements contained in this RFP. The
Authority may in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information, assessment or assumption contained in this RFP. The issue of
this RFP does not imply that the Authority is bound to select a Bidder or to appoint the Selected
Bidder, as the case may be, for the PMS and the Authority reserves the right to reject all or any of the
Bids without assigning any reasons whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and submission of its
Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with
any demonstrations or presentations which may be required by the Authority or any other costs
incurred in connection with or relating to its Bid. All such costs and expenses will remain with the
Bidder and the Authority shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation for submission of the Bid, regardless of
the conduct or outcome of the Selection Process.
4
GLOSSARY
Authority As defined in Clause 0

Bid As defined in Clause 1.2.1
Bidder As defined in Clause 1.2.1
Bid Due Date As defined in Clause 1.1.1
Bidding Process As defined in Clause 1.2.1
Bid Security As defined in Clause 1.2.4
CV means Curriculum Vitae
Eligible Assignment As defined in Clause 3.1.3
Financial Bid As defined in Clause 1.2.1
KIT means Key Information Table as provided in Clause 1.1.1
Lead Member As defined in Clause 2.1.2
LOA means Letter of Award
Project As defined in Clause 0
Railway means the President of the Republic of India or the administrative officers of the Railway or
Successor Railway authorized to deal with any matter, which these presents are concerned on his
behalf. RFP means Request For Proposal
Selected Bidder as defined in Clause 3.6.1 or Clause 3.6.3, as the case may be.
Technical Bid As defined in Clause 1.2.1
TOR means Terms of Reference
US$ means United States Dollar
The words and expressions beginning with capital letters and defined in this document shall, unless
repugnant to the context, have the meaning ascribed thereto herein.
5
Tender Notice No: CAO/CN/BNC/25/2023 DATED 09.06.2023
1. Introduction
1.1. Background
The President of India represented by the Ministry of Railways, Chief Administrative

Officer/Construction, South Western Railway (the “Authority”), having its principal
office at Bengaluru Cantonment, India is engaged in the development of railways and
related infrastructure, and as part of this endeavour, Authority[intends to award]1 the works
for the Appointment of Authority Engineer for Project Management Services for -
Construction of New Broad Gauge Line Track Between Sindhanur (excl.) (84820) and
Mamdapur (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New Line
Project (165.57 Km) Including Signalling, Telecommunication & Electrical Works of
Hubballi Division on South Western Railway through Engineering2, Procurement and
Construction (EPC) basis (the “Project”). Accordingly, Authority intends to appoint a reputed
consulting/ engineering firm as authority engineer (the “Authority Engineer” or “AE”) for
providing Project Management Services for the Construction of New Broad Gauge Line
Track Between Sindhanur (excl.) (84820) and Mamdapur (Incl.) (158290) (73.47 km)
Under Ginigera (GIN) - Raichur (RC) New Line Project (165.57 Km) Including
Signalling, Telecommunication & Electrical Works of Hubballi Division on South
Western Railway (the “PMS”). The Authority Engineer shall perform the duties and exercise
the authority in accordance with the provisions of this Agreement, and substantially in
accordance with the terms of reference (“Terms of Reference” or “TOR”).
1.1.1. The brief particulars of the Project and the Bidding Process are as follows in the Key Information Table
(KIT):
S No. Particular Details
1. Name of the Work Request for Proposal (RFP) for appointment of Authority
Engineer for providing project management services for
Construction of New Broad Gauge Line Track
Between Sindhanur (excl.) (84820) and Mamdapur
(Incl.) (158290) (73.47 km) Under Ginigera (GIN) -
Raichur (RC) New Line Project (165.57 Km)
Including Signalling, Telecommunication & Electrical
Works of Hubballi Division on South Western
Railway through Engineering, Procurement and
Construction (EPC)
1
Please retain either of the two
2
Please insert the relevant details of the Project for which the consultancy services is being required
6
Request for Proposal for PMS EPC
2. Estimated cost of Project Rs.10,58,42,215.84 (Rupees Ten Crore Fifty

Management Services (in figures
Eight Lakhs Forty Two Thousand Two Hundred
and words)
Fifteen and paise eighty four only)
3. Estimated period for completion 24 months of Construction Period.
of services
4. Bid Due Date and time

By 15:00 Hrs. (IST) on 25.07.2023
5. Physical As per Clause 2.2.1 and/or Clause 2.3
submission/retention/production
of all documents uploaded by the
Bidder
6. Date and Time of Opening of Bid At 15:00 hrs (IST) on the 25.07.2023
7. Mode of tendering Single stage two packet (open)
8. Consortium/Joint Venture Allowed
9. Mode of submission of Bids Online submission on e-Procurement Portal
10. e-Procurement Portal www.ireps.gov.in
11. RFP document Fee [NIL]
12. Bid Security
(Refer clause 2.3)
Rs.6,79,200/-(Rupees Six Lakh
Seventy nine thousand two
hundred only)
13. Bank Account Details of the Name of Beneficiary: Financial Advisor and Chief
Authority Account Officer, Construction, Bengaluru.
Name of the Bank: RBI/Bengaluru
Account No.: 2137002005
Address of the Branch: Bengaluru
IFSC: RBIS0BGPA01
14. Authority’s Representative for Name of the Officer: Deputy Chief
this RFP purpose Engineer/Works/Con/ South Western Railway,
Bangalore Cantonment, 18, Millers Road 10
Bangalore - 560 046
Email: dycecnwbnc@gmail.com
For field enquiry: Dy.CE/CN/VI/UBL
Mobile: 9731665262
15. Validity of the Bid [120] days from the Bid Due Date
16. Pre-bid Conference Details
Details will be uploaded subsequently.
17. Last date of receiving Queries Details will be uploaded subsequently.
18. Performance Security 5% (five percent)] of the Cost of PMS in terms of Clause 2.15
7
Shall be valid until 60 (sixty) days of the expiry of the Defects

Liability Period.
In favour of: Financial Advisor and Chief Account Officer,
Construction, Bengaluru.
Payable at: Bengaluru
19. Submission of Performance Within 15 days of issue of Letter of Award (LOA)

Security
20. Signing of Agreement Within 15 days of submission of Performance Security

21. Provision of purchase preference Latest directives of Central Government regarding
policy purchase preference shall be applicable to the tender
1.2. Brief description of Bidding Process
1.2.1. The Authority has adopted a single stage two packet system (referred to as the "Bidding
Process") for selection of the Bidder as Authority Engineer for award of the Project
Management Services (PMS). The 1st (first) part (the “Technical Bid”) of the process
involves evaluation of the requirements of the technical bid by the interested parties and who
submits a Bid in accordance with the provisions of this RFP (the “Bidder”). The 2nd (second)
part of the process involves opening of financial bids (the “Financial Bid”) of the bidders
qualified in Technical Bid. The Technical and Financial Bid shall collectively be referred as
Bid (the “Bid”). Bids will finally be ranked according to their combined technical and
financial scores as specified in Clause 3.5.
1.2.2. The Bidder would be required to furnish all information specified in this RFP which includes
physical submission of required documents in original at the designated office of Authority
mentioned in KIT as per the provisions under clause 2.2.1 The Technical Bids of Bidders
would be evaluated and only those Bidders that are qualified by the Authority shall be eligible
for the 2nd (second) part of the Bidding Process comprising opening and evaluation of their
Financial Bids.
1.2.3. A brief description of the Project is enclosed at Appendix IV of the RFP. This is being
provided only as a preliminary reference document by way of assistance to the Bidders who
are expected to carry out their own surveys, investigations and other detailed examination of
the Project before submitting their Bids. Nothing contained in the above description shall be
binding on the Authority nor confer any right on the Bidders, and the Authority shall have no
liability whatsoever in relation to or arising out of any or all contents of the description of the
project.
Bidders are advised to examine the Project in greater detail, and to carry out, at their cost,
such studies as may be required for submitting their respective Bids for award of the contract
including implementation of the project management services for the Project.
1.2.4. The Bid document shall be available free of cost through the e-Procurement Portal as
mentioned in the KIT. A Bidder is required to submit, along with its Bid, a Bid Security of the
amount as mentioned in the KIT (the "Bid Security"). The Bidder will have to provide Bid
Security
8
through [e- payment Gateway of e-Procurement Portal/Authority]. The Bid shall be

summarily rejected if it is not accompanied by the prescribed amount of Bid Security.
1.2.5. Other details of the process to be followed under this Bidding Process and the terms thereof
are spelt out in this RFP.
1.2.6. Any queries or request for additional information concerning this RFP shall be submitted in
writing by speed post/courier/special messenger or by e-mail or through e-Procurement
Portal, so as to reach the Authority’s Representative in item no. 14 of KIT by the specified
date. Such queries or request for additional information shall be dealt as per the provision of
Clause 2.12. The envelopes/ communication shall clearly bear the following identification/
title:
"Queries / Request for Additional Information: RFP for Appointment of Authority Engineer
for providing project management services for Construction of New Broad Gauge Line
Track Between Sindhanur (excl.) (84820) and Mamdapur (Incl.) (158290) (73.47 km)
Under Ginigera (GIN) - Raichur (RC) New Line Project (165.57 Km) Including
Signalling, Telecommunication & Electrical Works .of Hubballi Division on South
Western Railway through Engineering2, Procurement and Construction (EPC).”
1.3. Schedule of Bidding Process
1.3.1. The Authority shall endeavor to adhere to the schedule provided in the KIT at Clause 1.1.1.
*******
9
2. Instructions to Bidder(s) (ITB)

2.1. General
2.1.1. The brief and background about PMS is provided in the Introduction. Bidder(s) are advised to
inform themselves fully about the site, assignments and the conditions before submitting the
bid by visiting Block Section between Sindhanur (excl.) (84820) and Mamdapur (Incl.)
(158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New Line Project (165.57
Km) and Authority office. Please note that no cost of any such visit is reimbursable by
Authority.
2.1.2. In case a Bidder possesses the requisite experience and capabilities required for undertaking
the consultancy services, it may participate in the Selection Process either individually (the
“Sole Bidder”) or as JV/consortium of firms (the “Consortium”) in response to this
invitation. The term bidder (the “Bidder”) will apply to both a Sole Bidder or a Consortium
and its Members. However, no Bidder applying individually or as a Member of a Consortium
as the case may be can be Member of another Bidder. The manner in which the Bid is
required to be submitted, evaluated and accepted is explained in this RFP. In case the Bidder
is a Consortium, it shall, comply with the following additional requirements to be eligible:
i. Number of Members in a consortium shall not exceed [3 (three)];
ii. Subject to the provisions of sub-clause (i) above, the Bid should contain the information
required for Member of the Consortium;
iii. Members of the Consortium shall nominate one Member as the lead member (the
“Lead Member”), who shall have minimum 51% share in the Consortium. The
nomination(s) shall be supported by a Power of Attorney, as per the format in this RFP,
signed by all the other Members of the Consortium. The duties, responsibilities and
powers of such Lead Member shall be specifically included in the Joint Bidding
Agreement. It is expected that the Lead Member would be authorized to incur liabilities
and to receive instructions and payments for and on behalf of the Consortium. Without
prejudice to the joint and several liability of all the members of the Consortium, the
Lead Member shall represent all the members of the Consortium and shall at all times
be liable and responsible for discharging the functions and obligations of the Authority
Engineer.;
iv. The Bid should include a brief description of the roles and responsibilities of individual
Members;
v. An individual Bidder cannot at the same time be a Member of a Consortium applying

for the PMS. Further, a Member of a particular Consortium cannot be Member of any
other Consortium applying for the PMS;
vi. Members of the Consortium shall enter into a binding Joint Bidding Agreement (the
“Joint Bidding Agreement”), for the purpose of submitting a Bid. The Joint Bidding
Agreement, to be submitted along with the Application, shall, inter alia:
10
a. clearly outline the proposed roles and responsibilities, if any, of each Member; include
a statement to the effect that all Members of the Consortium shall be liable jointly and
severally for all obligations of the AE in relation to the PMS until the completion of the
Services in accordance with the contract and the ToR;
b. clearly define the proposed administrative arrangements (organization chart) for

the management and execution of the Services, if awarded to the Consortium;
except as provided under this RFP, there shall not be any amendment to the Joint
Bidding Agreement without the prior consent of the Authority.
vii. No change in composition of the Consortium will be submitted to the Authority during
the Selection Process and during the subsistence of the PMS.
viii. All the Members of the Consortium shall be liable jointly and severally for all
obligations of the AE in relation to the PMS until completion of Services in accordance
with the Agreement and the ToR.
2.2. Submission of Bids
2.2.1. Bids are to be submitted online only as per the instructions for online bid submission. Bidders
are required to retain the original of the submissions uploaded in the e-Procurement Portal till
bid validity period, except the Selected Bidder who is required to retain the original of the
submissions uploaded in the e-Procurement Portal till completion of the Services. Bidders
including Selected Bidder may be required to submit originals of all documents together with
their respective enclosures during bid evaluation/after declaration of bid evaluation result by
Authority. Bidders or Selected Bidder (including any of its Joint Venture Members) failing to
submit the original documents required shall be liable for rejection of Bid, withdrawal of
LoA, debarment from bidding in MoR projects for a period upto 5 years or any measures to
be undertaken as the Authority deems fit.
2.3. Bid Security for RFP
2.3.1. The Bidder is required to submit an interest free Bid Security as per KIT. Please refer to
instructions for online bid submission at the E-Procurement Portal.
2.3.1.1 The Bid Security shall be rounded off to the nearest ₹100. This Bid Security shall be applicable
for all modes of tendering.
2.3.1.2 The Bid Security shall be deposited either in cash through e-payment gateway or
submitted as Bank Guarantee bond from a scheduled commercial bank of India or as
mentioned in tender documents. The Bank Guarantee bond shall be as per
Annexure-V and shall be valid for a period of 90 days beyond the bid validity
period.
2.3.1.3 In case, submission of Bid Security in the form of Bank Guarantee Bond,
following shall be ensured:
i. A scanned copy of the Bank Guarantee bond shall be uploaded on e-

Procurement Portal (IREPS) while applying to the tender.
11
ii. The original Bank Guarantee bond should be delivered in person to the official
nominated as indicated in the tender document within 5 working days of
deadline of submission of bids.
iii. Non submission of scanned copy of Bank Guarantee bond with the bid on e-
tendering portal (IREPS) and/or non-submission of original Bank Guarantee
within the specified period shall lead to summary rejection of bid.
iv. The Tender Security shall remain valid for a period of 90 days beyond the
validity period for the Tender.
v. The details of the BG, physically submitted should match with the details
available in the scanned copy and the data entered during bid submission time,
failing which the bid will be rejected.
vi. The Bank Guarantee shall be placed in an envelope, which shall be sealed. The
envelope shall clearly bear the identification “Bid for the Appointment of
Authority Engineer for Providing Management Services for - Construction
of New Broad Gauge Line Track Between Sindhanur (excl.) (84820) and
Mamdapur (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC)
New Line Project (165.57 Km) Including Signalling, Telecommunication &
Electrical Works of Hubballi Division on South Western Railway through
Engineering, Procurement and Construction (EPC).” and shall clearly indicate
the name and address of the Bidder. In addition, the Bid Due Date should be
indicated on the right-hand top corner of the envelope.
vii. The envelope shall be addressed to the officer and address as mentioned in the
tender document.
viii. If the envelope is not sealed and marked as instructed above, the Railway
assumes no responsibility for the misplacement of BG Bond.
2.3.2. Bid security of unsuccessful Bidder(s), if any, shall be returned after issuance of LOA to the
Selected Bidder. Bid Security of Selected Bidder, if any, shall be returned after submission of
Performance Security as per the provision of this RFP and LOA.
2.3.3. MSEs registered with District Industries Centers/ Khadi and Village Industries Commission/
Khadi and Village Industries Board/Coir Board/ National Small Industries Corporation/
Directorate of Handicraft and Handloom/ ‘UDYAM REGISTRATION’/ Any other body
specified by Ministry of MSME are exempted from the payment of Bid Security subject to
submission of valid registration with MSME, Govt. of India. Micro and Small Enterprises
(MSE) must, along with their offer, provide proof of their being registered as MSE (indicating
the terminal validity date of their registration) for the item tendered, with any agency
mentioned in the notification of the Ministry of Micro, Small and Medium Enterprises
(Ministry of MSME), indicated below:
12
a) District Industries Centres;

b) Khadi and Village Industries Commission;
c) Khadi and Village Industries Board;
d) Coir Board;
e) National Small Industries Corporation;
f) Directorate of Handicraft and Handloom; and
g) Any other body specified by the Ministry of MSME.
However, all other prescribed eligibility criteria will remain applicable on such Bidder(s) also.
In case of exemption from payment of Bid Security as a matter of Govt. Policy, the scanned
copy of document in support of exemption shall have to be uploaded by the Bidder(s) during
bid submission. The onus of proving that the Bidder is exempted from payment of the Bid
Security will lie squarely on such Bidder(s). In this connection, it should be noted that mere
opening of bid does not mean that the bid has to be considered by Authority as a valid bid. At
a later stage, if it is discovered from the uploaded documents that such Bidder(s) is/are not
entitled for the exemption from payment of Bid Security, their bid shall be treated as non-
responsive and rejected outright.
2.3.4. The Bidder is liable for damages in following cases:
a) If the Bidder submits a non-responsive Bid

b) If the Bidder withdraws its bid (offer) during the Bid Validity Period.
c) If the Selected Bidder fails to accept the Letter of Award in writing within the time
specified in this document or any extension thereof granted by the Authority.
d) If the Selected Bidder fails to sign the agreement within the time specified in this
document or any extension there-of granted by the Authority.
e) If the Bidder imposes any condition after the Bid Due Date affecting the original bid.
f) If the Selected Bidder fails to submit the Performance Security within stipulated time.
2.3.5. Under such case as mentioned under Clause 2.3.4, the Bid Security or the Performance
Security if submitted, shall be forfeited and the Bidder shall be banned from submission of
bids in any works/services tender issued by Ministry of Railways for a period upto5 (five)
years from the date of such banning done.
2.3.6. Any bidder from the countries sharing a land border with India will be eligible to bid in any
procurement whether of goods, services (including PMS and non-PMS) or works (including
turnkey projects) only if the bidder is registered with the Competent Authority. The
Competent Authority for registration will be the Registration Committee constituted by the
Department for Promotion of Industry and Internal Trade (DPIIT), Government of India. For
interpretation of this clause Department of Expenditure, Ministry of Finance, Government of
India letter F.No.6/18/2019-PPD dated 23/07/2020 shall be referred which is enclosed as
Appendix I Technical Bid Form-17.
2.3.7. Preference to Make in India
Preference to Make in India: The provisions of revised ‘Public Procurement (Preference to

Make in India) Order 2017’ issued by Department of Industrial Policy and Promotion under
Ministry of Commerce and Industry vide letter no. P-45021/2/2017-PP (BE-II) dated
13
16.09.2020, as amended from time to time up to Bid Due Date, shall be applicable to the bidding
process and award of the contract shall be done accordingly.
2.4. Validity of the Bid
The Bid shall be kept valid for a period as mentioned in the KIT.
2.5. Preparation of Bids
i. The Bid as well as all related correspondence exchanged by the Bidder(s) and the
Authority shall be written in English language, unless specified otherwise.
ii. In preparing their Bid, Bidder(s) are expected to examine in detail the documents
comprising the RFP. Material deficiencies in providing the information requested may
result in rejection of a Bid.
iii. An authorized representative of the Bidder(s) shall digitally sign the Technical and
Financial Bid. The authorization shall be in the form of a written Power of Attorney, as
per the format provided in Appendix-I (Technical Bid Form-4), accompanying the Bid
and also Power of Attorney for Lead Member in case of Consortium as per the format
provided in Appendix-I (Technical Bid Form-5)
2.6. Technical Bid
2.6.1. While preparing the Technical Bid, Bidder(s) must give particular attention to the following:
a) The estimated number of Key Personnel for the PMS/job is provided in Clause 10 of
Terms of Reference of this RFP. In line with the requirement, while making the bid, the
Bidder must ensure that he proposes the minimum number and type of expert(s) as
sought by the Authority above, failing which the bid shall be considered as non-
responsive and shall not be evaluated further.
b) Bidders shall submit the Technical Bid in the formats at Appendix- I
c) While submitting the Technical Bid, the Bidder shall, in particular, ensure that:
(i) The Bid Security is submitted as per Clause 2.3;
(ii) All forms are submitted in the prescribed formats and all the RFP,
Corrigendum, Addendum and Reply to Queries, submitted by bidder shall be
digitally signed by the bidder or his representative holding the Power of
Attorney;
(iii) Power of Attorney for Authorised Representative, (in case of Consortium by

Authorised Representative of Lead Member of Consortium) if applicable, is
submitted in the format provided at is executed as per Applicable Laws;
(iv) Joint Bidding Agreement is executed and submitted as specified in Appendix-I

Technical Bid Form-6 in-case of Consortium.
14
(v) The bid is responsive in terms of Clause 2.20.2;
(vi) Failure to comply with the requirements spelt out in this Clause shall make the
Bid liable to be rejected.
d) Authority reserves the right to verify all statements, information and documents,
submitted by the Bidder in response to the RFP. Any such verification or the lack of
such verification by Authority to undertake such verification shall not relieve the
Bidder of its obligations or liabilities hereunder nor will it affect any rights of Authority
thereunder.
e) In case it is found during the evaluation or at any time before signing of the Agreement
or after its execution and during the period of subsistence thereof, that one or more of
the eligibility conditions have not been met by the Bidder or the Bidder has made
material misrepresentation or has given any materially incorrect or false information the
Bidder shall be disqualified forthwith, if the Bidder is the Lead Member of a
consortium, then the entire consortium may be disqualified / rejected if not yet
appointed as the Authority Engineer either by issue of the LOA or entering into of the
Agreement, and if the Selected Bidder has already been issued the LOA or has entered
into the Agreement, as the case may be, the same shall, notwithstanding anything to the
contrary contained therein or in this RFP, shall be terminated, by a communication in
writing by Authority without Authority being liable in any manner whatsoever to the
Bidder or Consultant , as the case may be. The award of this PMS to the Bidder at Bid
stage may also be liable to cancellation in such an event. In such an event, Authority
shall forfeit and appropriate the Bid Security as mutually agreed pre-estimated
compensation and damages payable to Authority for, inter alia, time, cost and effort of
Authority and the Bidder shall be banned from submission of bids in any works/
services tender issued by Ministry of Railways for a period of up to 5 years from the
date of such banning done.
f) Notwithstanding anything contained in this RFP, the Authority reserves the right to
accept or reject any Bid and to annul the Selection Process and reject all Bids, at any
time without any liability or any obligation for such acceptance, rejection or annulment,
and without assigning any reasons, therefore.
2.6.2. The Technical Bid shall not include any financial information. A Technical Bid containing
financial information shall be declared as non-responsive.
2.6.3. Authority shall be at liberty to keep the credentials submitted by the Bidders at bidding stage,
in public domain and the same may be uploaded by the Authority on Authority’s website.
Bidders should have no objection if Authority uploads the information pertaining to their
credentials as well as of their Key Personnel.
2.6.4. By submitting the Bid, it is also understood that the individual Key Personnel proposed in the
bid by the Bidder or any replacement thereof shall have no objection in uploading/hoisting of
their credentials by the Authority in public domain.
15
2.7. Financial Bid
2.7.1. Bidders shall submit the financial bid online in the formats indicated at Appendix-II (the
“Financial Bid”) clearly indicating the total cost of the PMS, in terms of proposed
deployment as per Appendix-II, Financial Bid Form-1, and digitally signed by the Bidder’s
Authorised Representative.
2.7.2. While submitting the Financial Bid, the Bidder shall ensure the following:
i. Financial Bid must be strictly using the formats attached in Appendix-II.
ii. No additional personnel/items/quantities other than that specified in the formats should
be proposed by the Bidder.
iii. Authority Engineer shall be paid as per the remuneration rates for services in the
financial bid submitted by them and in terms of the provision of this RFP.
iv. The remuneration rates shall be increased as per the provisions under Clause 4.7 of the
Agreement. However, for evaluation and award of the Bid, the quoted rates shall be
considered without considering the increase in the remuneration rates.
v. All the costs associated with the PMS shall be included in the Financial Bid. These
shall normally cover remuneration for all the personnel, accommodation, air fare,
travel, equipment, printing of documents, stationary etc. The Financial Bid shall be
without any condition attached or subject to any assumption and shall be final and
binding. In case any assumption or condition is indicated in the Financial Bid, it shall
be considered non- responsive and liable to be rejected.
vi. The Financial Bid shall take into account all expenses and all tax liabilities except for
GST. Further, all payments shall be subject to deduction of taxes at source as per
Applicable Laws.
vii. There is no provision of Mobilization advance in this contract
2.7.3. The rates quoted shall be firm throughout the period of performance of the PMS up to and
including discharge of all obligations of the Authority Engineer under the Agreement, except
the increase in remuneration rates as per 2.7.2 (iv) above.
2.8. Conflict of Interest
2.8.1. A Bidder shall not have a Conflict of Interest with regard to this assignment. Any Bidder
found to have such a conflict of interest shall be disqualified.
2.8.2. Authority requires that the AE provide professional, objective, and impartial advice and at all
times hold Authority’s interests paramount, avoid conflicts with other assignments or their
own corporate interests and act without any consideration for future work. The AE shall not
accept or engage in any assignment that would be in conflict with its prior or current
obligations to other employers or that may place it in a position of not being able to carry out
the assignment in the best interest of Authority.
16
2.8.3. Without limitation on the generality of the foregoing, the AE and any of its associates shall be
considered to have a conflict of interest and shall not be selected under any of the
circumstances setforth below:
i. If there is a conflict among this and other consulting assignments of the AE (including
its personnel) and any subsidiaries or entities controlled by such AE. The duties of the
AE depend on the circumstances of each case. While providing Consultancy services to
the Authority for this particular assignment, the AE shall not take up any assignment
that by its nature will result in conflict with the present assignment.
ii. A firm which has been engaged by the Authority to provide goods or works for a
project, and any of its affiliates, will be disqualified from providing consulting services
for the same project. Conversely, a firm hired to provide consulting services for the
preparation of implementation of a project, and any of its affiliates, will be disqualified
from subsequently, providing goods or works or services related to the same project
iii. A Bidder eventually appointed to provide Consultancy for this Project, as well as any of
its affiliates, shall be disqualified from subsequently providing goods or works or
services related to the construction and execution of the same project (other than a
continuation of the Firm’s earlier consulting services) till one year from the date of
completion of services under this Consultancy.
2.9. Number of Bids
2.9.1. No Bidder or its Associate shall submit more than one Bid for this RFP. A Bidder applying
individually or as an Associate shall not be entitled to submit another Bid either individually
or as a member of any consortium, as the case may be.
2.10. Site Visit and Verification of Information
2.10.1. Bidders are encouraged to submit their respective Bids after visiting the Project Site and
ascertaining for themselves the site conditions, traffic, location, surroundings, climate, access
to the site, site conditions, other factors having influence on the execution of the project etc.,
Applicable Laws and regulations or any other matter considered relevant by them.
2.11. Acknowledgement by Bidder
2.11.1. It shall be deemed that by submitting the Bid, the Bidder has:
a) made a complete and careful examination of the RFP;
b) received all relevant information requested from Authority;
c) acknowledged and accepted the risk of inadequacy, error or mistake in the information
provided in the RFP or furnished by or on behalf of Authority or relating to any of the
matters referred to in Clause 2.10;
17
d) satisfied itself about all matters, things and information, including matters referred to in
Clause 2.10 herein above, necessary and required for submitting an informed Bid and
performance of all of its obligations there under;
e) acknowledged that it does not have a Conflict of Interest; and agreed to be bound by the
undertaking provided by it under and in terms hereof.
f) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

information provided in the RFP or ignorance of any of the matter referred to in
Clause2.11.1 hereinabove shall not a basis for any claim for compensation, damages,
extension of time for performance of its obligations, loss of profits etc. from Authority,
or a ground for termination of the Agreement
2.11.2. The Authority shall not be liable for any omission, mistake or error on the part of the Bidder
in respect of any of the above or on account of any matter or thing arising out of or
concerning or relating to RFP or the Selection Process, including any error or mistake therein
or in any information or data given by Authority.
2.12. Clarifications / Queries by Bidders
2.12.1. Bidders seeking any clarification on the RFP may send their queries to Authority in writing or
through email id and before the date mentioned in KIT.
2.12.2. Authority shall endeavor to respond to the queries at the earliest. The Authority will upload
the reply to all such queries on the e-Procurement Portal only
2.12.3. The Authority reserves the right not to respond to any questions or provide any clarifications,
in its sole discretion, and nothing in this Clause 2.12 shall be construed as obliging Authority
to respond to any question or to provide any clarification.
2.13. Amendment of RFP
2.13.1. At any time prior to the Bid Due Date, Authority may, for any reason, whether at its own
initiative or in response to clarifications requested by a Bidder, modify the RFP by the
issuance of Addenda/Corrigenda/Response to Pre-Bid queries as uploaded on the e-
Procurement Portal and which shall be part of the Agreement to be executed between the
Selected Bidder and the Authority.
2.13.2. Any Addendum issued hereunder will only be uploaded on the e-Procurement Portal.
2.13.3. In order to afford the Bidders a reasonable time for taking an Addendum into account, or for
any other reason, the Authority may, in its sole discretion, extend the Bid Due Date.3
3
While extending the Bid Due Date on account of corrigendum, the Authority shall have due regard for the time
required by bidders to address the amendments specified therein. Generally, at least 15(Fifteen) days shall be provided
between the date of amendment and the Bid Due Date.
18
2.13.4. Any corrigendum/ addendum/ clarifications/ reply to queries issued by Authority for the RFP
shall be published only on the e-Procurement Portal and no separate information shall be
communicated to individual Bidders.
2.14. Letter of Award (LOA) and Signing of Agreement
2.14.1. The Selected Bidder in terms of contract agreement and upon successful completion of
negotiations, if required, shall be considered for issue of LOA. The Selected Bidder shall be
required to commence the PMS as per the provisions under Clause 3.8.1. Till such time
agreement is executed, the LOA will constitute a legal and binding contract between the
Authority and the Selected Bidder.
2.14.2. The Selected Bidder shall be required to sign a Contract Agreement within days as mentioned
in the KIT after submission of Performance Guarantee or within the time as extended by
Authority due to administrative reasons for submission of Performance Guarantee as per
Clause 2.15.1.
2.14.3. If the Bidder fails to comply with any of the conditions indicated in RFP (unless any period is
relaxed by Authority for compelling and genuine reasons and the decision of Authority in
such case would be absolute and final), the LOA can be withdrawn duly forfeiting the Bid
Security of the Bidder.
2.14.4. In case of any re-tendering, extension of bid submission dates, delay in inviting tenders etc.,
for the selection of bidder(s) for the EPC Agreement, due to administrative/legal reasons,
Authority reserves the right to either discontinue the services of the AE without any claims
whatsoever or to direct the AE to continue their PMS till successful completion of the
activities specified in TOR or to such extended/re-tendered process. Authority’s decision in
this regard shall be final and binding on the Bidder.
2.15. Performance Security
2.15.1. In order to ensure the due performance of the contract, the Selected Bidder shall submit a
Performance Security to Authority for a sum equivalent to amount as mentioned in the KIT.
The Selected Bidder shall have to submit Performance Security within the days mentioned in
the KIT. Extension of time for submission of Performance Security beyond such days and up
to 60 (Sixty) days from the date of issue of LOA may be given by Authority on written
request of the Selected Bidder. However, a penal interest @15% per annum, on the amount of
Performance Security, shall be payable by the Selected Bidder for the period of extension
beyond the days mentioned in the KIT. In case Selected Bidder fails to submit the
Performance Security even up to 60 (Sixty) days from the date of issue of LOA, the contract
shall be terminated by cancellation of LOA and amount of Bid Security shall be forfeited.
2.15.2. The Performance Security shall be payable through RTGS/NEFT in the bank account as
mentioned in the KIT, or in the form of Bank Guarantee/TDR/Demand Draft/ Bankers’
Cheque or Pay Order in favour of as mentioned in the KIT, drawn on any nationalized or
scheduled commercial bank. The said Performance Security will be kept valid for duration as
mentioned in the KIT. Thereafter as required by the Authority, the same shall be extended
further for the required period as may be decided by the Authority. The Performance Security
would however
19
be forfeited in case of any event of Default leading to termination of contract as described in

the Agreement.
2.15.3. The Performance Security shall be released two months after the payment of the final bill and
submission of NOC.
2.15.4. Forfeiture of Performance Security
The Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have
acknowledged that without prejudice to the Authority’s any other right or remedy hereunder
or in law or otherwise, its Performance Security shall be forfeited and appropriated by the
Authority as the mutually agreed pre-estimated compensation and damages payable to the
Authority for, inter alia, the time, cost and effort of the Authority in regard to the RFP,
including the consideration and evaluation of the Bid, under the following conditions:
i. If a Bidder engages in any of the Prohibited Practices specified in Clause 2.16 of this
RFP;
ii. if the Bidder is found to have a Conflict of Interest as specified in Clause 2.8; and
iii. if the Selected Bidder commits a breach of the Agreement.
2.16. Fraud and Corrupt Practices
2.16.1. Authority requires that the Bidder(s) participating in selection process adhere to the highest
ethical standards, both during the selection process and throughout the execution of a
contract. In pursuance of this policy, Authority:
i. Defines, for the purpose of this paragraph, the terms set forth below:
(a) “Corrupt practice” means the offering, promising, giving, receiving, or

soliciting, directly or indirectly, of anything of value which he is not legally
entitled to, to influence the action of a public official in the selection process
or in contract execution.
(b) Fraudulent practice” means a willful misrepresentation or omission of facts or

submission of fake/forged Documents in order to influence a selection process
or the execution of a contract.
(c) Collusive practices” means a scheme or arrangement whether formal or

informal, between two or more /Bidder(s) with or without the knowledge of
Authority, designed to establish prices at artificial, non-competitive levels,
submission or non-submission of Bids.
(d) “Coercive practices” means harming or threatening to harm, directly or

indirectly, persons or their property to influence their participation in a
procurement process or affect the execution of a contract.
ii. Will reject a bid for award if it determines that the Bidder(s) recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive or coercive
practices in competing for the contract in question; and
20
iii. Will sanction the Bidder(s), including declaring the Bidder(s) ineligible, either
indefinitely or for a stated period of time, for award of a contract if at any time
determines that the Bidder(s) has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for, or in executing a contract.
2.16.2. The Bidder(s) should be aware of the provisions on fraud and corruption stated in the specific
clauses in the Conditions of Contract.
2.17. Intellectual Property
2.17.1. The Bidder warrants that in providing the Services it shall not infringe copyright, patent,
confidential information or any other intellectual property right of any third party and
indemnifies the Authority against any claim made against it arising from any infringement of
any intellectual property right belonging to any third party. In the event, the Authority
Engineer relies on or make use of any intellectual property right belonging to a third party, the
Authority Engineer would be solely responsible to negotiate and pay the royalty to the third
party and no such expenditure would be payable by the Authority. [Development plans,
building plans and drawings] prepared/reviewed by the Bidder shall be property of
Authority/Railway and Authority/Indian Railways shall be at liberty to use it freely at any
place without paying any royalty.
2.17.2. The copyright including the database rights in all the works produced during the course of or
in consequence of providing the Services shall belong to the Authority absolutely. Authority
will be the owner of the copyright in the works produced during the course of providing
service. Authority has the right to use the same anywhere else, without paying extra
compensation to the Authority Engineer.
2.18. Confidentiality
2.18.1. Information relating to evaluation of bids and recommendations concerning awards shall not
be disclosed to the Bidder(s) who submitted the bid or to other persons not officially
concerned with the process, until the publication of the award of Contract. The undue use by
any Bidder of confidential information related to the process may result in the rejection of its
bid and may be debarred from participating in future tenders for the period of two year.
2.19. Foreign Companies
Global tender enquiry shall not be invited for Tenders value upto Rs 200 Crore as per Letter
No. F.12/17/2019-PPD dated 28.05.2020 issued by Ministry of Finance, Govt of India
including Letter No. F. 04.1.2021-PPD Government of lndia, Ministry of Finance,
Department of Expenditure, Letter Dated the 03rd August 2021.4 Foreign companies
registered in India under Companies Act and having offices in India shall be allowed to bid.
4
Please refer to website under Department of Expenditure for updates if any
https://www.doe.gov.in/procurement-policy-divisions?page=2
21
2.20. Evaluation of Bids
2.20.1. Authority shall open the Bids at date and time as provided in KIT.
2.20.2. Prior to evaluation of Bids, Authority will determine whether each Bid is responsive to the
requirements of the RFP. Authority may, in its sole discretion, reject any Bid that is not
responsive hereunder. A Bid shall be considered responsive only if:
i. the Technical Bid is received in the form specified at Appendix-I;

ii. it is received by the Bid Due Date including any extension thereof pursuant to Clause
2.13;
iii. it is accompanied by the Bid Security as specified in Clause 1.2.4.
iv. it is digitally signed and marked as stipulated in this RFP;
v. it is accompanied by the Power of Attorney as specified in Clause 2.5;
vi. If applicable, the Power of Attorney for Lead Member of Consortium as per the format
at Appendix-I Technical Bid-Form-5.
vii. Joint Bidding Agreement, in case of a Consortium, substantially in the format at
Appendix I Technical Bid Form-6.
viii. it contains all the information (complete in all respects) as requested in the RFP;
ix. it does not contain any condition or qualification; and
x. it is not non-responsive in terms hereof.
2.20.3. Authority reserves the right to reject any Bid which is non-responsive and no request for
alteration, modification, substitution or withdrawal shall be entertained by Authority in
respect of such Bids.
2.20.4. Authority shall subsequently examine and evaluate Bids in accordance with the Selection
Process and the criteria set out in Section 3 of this RFP.
22
3. Criteria for Eligibility& Evaluation
3.1. Conditions of Eligibility of Bidders
3.1.1. Bidders must read carefully the minimum conditions of eligibility (the “Conditions of
Eligibility”) provided herein.
3.1.2. To be eligible for evaluation of its Bid, the Bidder shall fulfill the following:
(A) Technical Capacity: For demonstrating technical capacity, the Bidder shall have, over
the past 5 (five) Financial Years and including the current Financial Year preceding the
Bid Due Date, completed or substantially completed one Eligible Assignment of value
equal to or more than [35% of the estimated cost of the Project Management Services
mentioned in item No. 2 of the KIT (clause 1.1.2)] (the “Technical Capacity”).
For evaluation, substantially completed means that the Bidder has received at least 90%
of the professional fees /agreement value towards undertaking such Eligible
Assignment.
Provided further, that in case of a Consortium, experience of the Consortium as a whole

or any of its constituent Members shall be considered
(B) Financial Capacity: The Bidder shall have received total income equal to 150 % of the
estimated cost of the Project Management Services mentioned in item No. 2 of the KIT
(para 1.1.2) from professional(consultancy) fees in the 3 (three) financial years
preceding the Bid Due Date. For the avoidance of doubt, professional fees refer to fees
received by the Bidder for providing consultancy and/or supervision to its clients.
In case of Consortium, the Financial Capacity of only the Lead Member will be
considered. Moreover, each members of the Consortium should have at least 25% of the
Financial Capacity for the purpose of further evaluation for the eligibility of the
Consortium.
(C) Availability and conditions of Eligibility for Key Personnel: The Bidder shall offer
and make available all Key Personnel meeting the requirements specified in Clause 10
related to Manpower Deployment under the Terms of Reference of this RFP.
If more than 25% of the Key Personnel proposed by the bidder fail to meet the
eligibility criteria, the bidder shall be considered to have failed to meet the eligibility
criteria with regard to Key Personnel. However, in case of failure upto 25% of Key
Personnel to meet eligibility criteria, zero marks will be awarded to such Key Personnel
during evaluation of technical score as per clause 3.2.2 and the bidder will have to
replace such Key Personnel with eligible Key Personnel within a period of [ three] days
from communication made by Authority in this regard. If the bidder fails to replace
such Key Personnel within the aforesaid time, Authority reserves the right to reject the
offer of such bidder(s) and proceed for opening the Financial Bids. Failure of Team
Leader to meet the eligibility criteria as per Clause 10 related to Manpower Deployment
under the Terms of Reference of this RFP shall result in summary rejection of the offer.
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3.1.3. Eligible Assignment
For the purpose of Technical Capacity and evaluations, the Project Management Consultancy/
Services (technical consultancy and/or supervision) contracts shall qualify as Eligible
Assignment, (the “Eligible Assignment”), if:
(a) the assignment is directly awarded to the Bidder by a Govt. Department / PSUs; or by a
Public listed company having
(i) Average annual turnover of Rs 500 crore and above in last 3 financial years
excluding the current financial year,
(ii) Listed on National Stock Exchange or Bombay Stock Exchange and
(iii) Registered at least 5 years back from the Bid due date by the Bidder to the
Authority. In case of foreign assignment, work experience for only Government
bodies shall be considered.
(b) the nature of the projects for which the above Project Management Consultancy/
Services have been engaged for development and/or construction, falls under the
following categories:
(i) Any engineering project of

Railway such as Gauge Conversion, New Line, Doubling including 3rd / 4th line, Yard
Remodeling, ROB / RUB, Civil Works in Railway Electrification and or Signaling &
Telecommunication and or Workshop works/ metro /Any SPV with Ministry of
Railways / DFCCIL / multi modal transport hub / Airport / Regional Rapid Transit
System (RRTS) / High Speed Rail (HSR) / monorail / National Highway / State
Highway / Express way or similar Highway; or
(ii) airport terminals (with or without related airport infrastructure works), ports,
integrated check posts, and bus terminals; or
(iii) Commercial real estate project such as educational institution, hospital, hotel,
convention center, Mall / shopping complex, sport complex, office complex /
Residential real estate project]
3.1.4 If for projects undertaken abroad, (foreign assignment , payments and financial figures are
expressed in currencies other than INR, then the same will be converted to equivalent INR.
For conversion of their currencies to Indian Rupees, the rate of conversion shall be as per the
Reserve Bank of India (RBI) reference rate or as per reference rate provided by the agency
authorized by RBI as on the first day of the month preceding the month of opening of Bid. In
case of currencies not indicated under the RBI reference rate or reference rate provided by the
agency authorized by RBI, the same shall be converted to US$ as per IMF reference rate as on
the conversion date and the amount so derived in US$ shall be converted into Indian Rupees
as per the US$ RBI reference rate or as per reference rate provided by the agency authorized
by RBI as on the conversion date. For currency not covered above, it shall be converted to US
$ as per the exchange rate published by Central Bank of the respective country for US$ for
such currency and then derived US$ available will be converted as per this Clause.
NOTES:
24
(i) Sub-consultancy will not be considered as eligible experience.
(i) For claiming the desired experience, Bidder shall have to submit documentary proof through
Client Certificate / Auditor`s Certificate covering the required parameters / details indicated
in Technical Bid Form 13, Appendix I.
(ii) In case the work experience is for the work executed outside India, the Bidder(s) have
to submit the completion / experience certificate issued by the owner/ director of the
company/ government authority of availing services duly signed & stamped, and
affidavit to the correctness of the completion / experience certificates. The Bidder
shall also get the completion/experience certificate attested by the Indian Embassy /
Consulate / High Commission in the respective country. In the event of submission of
completion / experience certificate by the Bidder in a language other than English, the
English translation of the same shall be duly authenticated by Chamber of Commerce
of the respective country and attested by the Indian Embassy / Consulate / High
Commission in the respective country.
(iii) In case the Bidder claims its relevant experience from an assignment undertaken in a
JV/Consortium, receipts from its share of the fee from such assignment, as certified
by Statutory Auditor or CA as the case may be, shall be reckoned to be considered as
an Eligible Assignment.
3.1.5 The Bidder shall enclose with its Bid, certificate(s) from its Statutory Auditors$ stating its
total revenues from professional fees during each of the past three financial years and the fee
received in respect of each of the Eligible Assignments specified in the Bid. In the event that
the Bidder does not have a statutory auditor, it shall provide the requisite certificate(s) from
the firm of Chartered Accountants that ordinarily audits the annual accounts of the Bidder. All
forms verified/certified by Statutory Auditor or CA should have clear mention of UDIN
number.
3.2. Evaluation of Technical Bid
3.2.1. In the first stage, the Technical Bid will be evaluated as per clause 3.2.2. Based on the
technical evaluation, only those Bidders whose Technical Bids score is 49 or more out of 70
shall qualify for further consideration and shall be ranked from highest to the lowest on the
basis of their technical score (ST). They will be designated as T1, T2, T3, T4 and so on based
on their Technical Score (ST) from highest to lowest respectively.
3.2.2.
3.2.3. The scoring criteria to be used for evaluation shall be as follows.5
Item Parameter Maximum Criteria

Code Marks
25
1. Relevant Experience of the 150 10 marks for each completed Eligible

Bidder Assignment and 8 marks for each
substantially completed Eligible
Assignment in terms of 3.1.2 (A)
undertaken by the Bidder in past 5 (Five)
financial years and including the current
financial year preceding the Bid Due Date,
subject to maximum of 150 marks.
2. Average Annual Revenue of 150 2.5 marks for each crore or part thereof
Bidder from professional fees subject to maximum of 150 marks.
received for providing
$No separate annual financial statements should be submitted.

5
The scoring criteria is indicative and based on the nature and size of the Project, it may be customized by the
Authority on case-to-case basis.
26
consultancy and/or
supervision to its clients, in
the past 3 financial years –
Form 7,
Appendix 1
3. Relevant Experience of Key 70 10 mark for experience as project
(i) Personnel -Team Leader cum manager/team leader in each completed
Project Manager (the “Team Eligible Assignment and 8 marks for
Leader”) each substantially completed Eligible
Assignment in terms of 3.1.2 (A) 3.1.3 in
Note: The Team Leader
past 10 (ten) financial years and
should be on the rolls of the
Bidder. including the current financial year
preceding the bid due date, subject to
maximum of 70 marks for Team Leader
OR
In case of Railway/PSU employee in
terms of Clause 10 of TOR, 5 marks for
each year of work experience, subject to
maximum of 70 marks.
3(ii) Relevant Experience of Key 50 10 mark for experience in design of
Personnel - structures of each completed Eligible
Lead Designer Assignment and 8 marks for each
substantially completed Eligible
Assignment in terms of 3.1.2 (A) 3.1.3 in
past 10 (ten) financial years and
including the current financial year
maximum of 50 marks for Lead Designer
OR
terms of Clause 10 of TOR, 5 marks
for each year of work experience,
subject to maximum of 50 marks
3(iii) Relevant Experience of Key 50 10 mark for experience in planning and
Personnel - designing of commercial structures of
Contract Expert each completed Eligible Assignment
and 8 marks for each substantially
completed Eligible Assignment in terms
of 3.1.2 (A) 3.1.3 in past 10 (ten)
financial years and including the current
financial year preceding the bid due
date, subject to maximum of 50 marks
for Project Architect
27
3(iv) Relevant Experience of Key 50 2 mark for experience as project

Personnel- manager / resident engineer/domain
Resident Engineer {Civil / expert in each completed Eligible
Electrical / S&T / Assignment and 1.5 marks for each
Sr.Manager MEPF / MEPF} substantially completed Eligible
Assignment in terms of 3.1.2 (A) 3.1.3
in past 10 (ten) financial years and
including the current financial year
maximum of 10marks for Resident
Engineer
OR
terms of Clause 10 of TOR, 5 marks for
each year of work experience, subject to
maximum of 50 marks.
NOTE (IMPORTANT):
1) Deployment of Key Personnel for minimum number of days on the Eligible Assignments
claimed to be necessary for consideration for evaluation here.
28
Minimum number of days of

deployment on cumulative basis for
SN Key Personnel
any single project claimed as Eligible
Assignment
1 Team Leader cum Project 365
Manager6
2 Lead Designer [180]
3 Contract Expert [180]
4 Resident Engineer [365]
5 Site Engineer (Civil) [365]
2) The Team Leader should be on the payroll of the Bidder before Bid Due Date. All
other Key Personnel shall be directly employed/engaged with the Bidder prior to the
commencement of services.
3) If same CV is proposed by two or more Bidders, zero marks shall be given to all such
Bidders for such CV of Key Personnel.
4) Age of any Key Personnel proposed.

S. No Key Personnel Maximum age in years as on Bid Due
Date to be considered for evaluation
should not be more than
1 Team Leader cum Project 65
Manager
2 Lead Designer 65
3 Contract Expert 65
4 Resident Engineer 65
5 Site Engineer/Supervisor 65
(civil)
6 Site Engineer (P. Way) 65
7 Supervisor Quality 65
Control
8 Supervisor Operations & 65
Safety
9 Computer Operator cum 35
Stenographer
10 Draftsman/AutoCAD 35
Operator
11 Estimator 35
12 Accountant 65
5) Key Personnel proposed should not have any history of involvement in

vigilance/CBI/SPE/Police case resulting in major penalty punishment of
removal/dismissal/compulsory retirement or conviction. He should not have been
terminated on the ground of incompetency, indiscipline, corrupt practices etc. by the
employer.
.
6) Where the number of Key Personnel requirements specified is more than one under a
particular category, each Key Personnel shall be evaluated against the proportionate
number of marks specified for that category. For example, the marks for individual
6
Team Leader cum Project Manager and at least one of the Key Personnel in the list shall have experience of
handling project planning and monitoring using MS Project/Prima Vera or any other equivalent software for the
scheduling and monitoring purpose in addition to the qualification n and experience prescribed for the personnel.
29
Project Architect in the above table shall be 20 if requirement of two Project

Managers is specified i.e., 40 divided by 2. The total score for the category of Project
Manager shall be the sum of the individual scores of all personnel proposed as
Project Managers.
7) For the purpose of this clause to claim experience and scoring the Key Personnel
must have worked on the Eligible Assignment either for Project Management
Consultancy/Services or execution of the work. In case of demonstrating the
experience though execution of work, the Key Personnel should have been deployed
at project site for at least number of days as mentioned in SN 1 above during the
construction of Eligible Assignment. For Project Architect, experience on Eligible
Assignments shall be considered for having worked as consultant or PMS/PMC/AE or
for execution of the work]
8) For the purposes of evaluation under this Clause 3.2.2 the Key Personnel mentioned
under this Clause 3.2.2 shall be considered. However, Bidder is required to submit all
details and requirements as mentioned under this RFP for all Key Personnel and
other Personnel as mentioned under Clause 10 of Terms of Reference with the
formats under
the Bid Forms along with the Bid.
3(v) Quality of Proposed technical 180 Evaluation will be based on the quality of
approach, methodology and submission and presentation by the Bidder
work plan and interaction with on proposed methodology & work plan.
team. The Bidder shall be required to make the
15 minutes Technical Presentation along
with its Team Leader and proposed team to
be deployed for the PMS on due date and
time (to be notified) and will be followed
by 15 minutes of question-and-answer
session
Criteria Marks
Proposed methodology 100
and work plan
Interaction with Team 30
Leader
Interaction with Lead 15
Designer
Interaction with Project 15
Architect
Interaction with Resident 20
Engineer
Grand Total 700
Technical Score Grand Total (as per Item Code 5 above)/10
3.3. Shortlisting of Bidders
3.3.1. Of the Bidders ranked as aforesaid, if the number of pre-qualified Bidders is less than two,
Authority may, in its sole discretion, pre-qualify the Bidder(s) whose technical score is less
than 49 even if such Bidder(s) do(es) not qualify in terms of Clause 3.2.1; provided that in
such an event, the total number of pre-qualified and short-listed Bidders shall not exceed two.
30
3.4. Evaluation of Financial Bid
3.4.1. After the technical evaluation as above, the Financial Bids of top 6 (six) Bidders only with
highest technical scores (i.e., T1, T2.T3,T4,T5 and T6 only) shall be opened.
3.4.2. After the Financial Bids are opened as above, the Financial Bids will be ranked from lowest
to highest and designated as L1, L2,L3,L4,L5 and L6 respectively. (F = amount of Financial
Bid).
3.4.3. For financial evaluation the total cost indicated in the Financial Bid will be considered.
3.4.4. Authority will determine whether the Financial Bids are complete, unqualified and
unconditional. The cost indicated in the Financial Bid shall be deemed as final and reflecting
the total cost of services. Omissions, if any, in costing any item shall not entitle the firm to be
compensated and the liability to fulfil its obligations as per the TOR within the total quoted
price shall be that of the Authority Engineer.
3.4.5. Each of the above six Financial Bids (i.e., L1, L2,L3,L4,L5 and L6) will be assigned a
Financial score (SF). The lowest Financial Bid (L1) will be given a financial score (SF) of 30
points. The financial scores of other Bids will be computed as follows:
SF of L1 = 30
SF of L2 = 30 x L1/L2
SF of L3 = 30 x L1/L3
SF of L4= 30 x L1/L4
SF of L5 = 30 x L1/L5
SF of L6 = 30 x L1/L6
3.5. Combined Techno-Financial Evaluation (QCBS)
3.5.1. The Combined technical (ST) and financial (SF) scores will be computed as follows:
S = ST + SF
Where S is the Combined Score. The Bidder scoring the highest Combined Score shall be
designated as H1.
3.6. Selection of Authority Engineer
3.6.1. The Selected Bidder shall be the first ranked Bidder H1.
3.6.2. The Authority shall annul the Bidding Process in case the first ranked Bidder withdraws, or
fails to comply the requirements specified in this RFP.
3.6.3. In the event that two or more Bidder(s) obtained equal marks in overall marks obtained (S),
the Bidder(s) have higher technical score will be finally awarded the contract. However,
incase technical score is also equal then the Bidder(s) having higher financial capacity in
terms of clause 3.1.2 (B) of RPP shall be awarded the contract.
31
3.7. Execution of Agreement
3.7.1. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall execute the
Agreement within the days as mentioned in the KIT. The Selected Bidder shall not be entitled
to seek any deviation in the Agreement.
3.8. Commencement of PMS
3.8.1. The Authority Engineer shall commence the services at the Project Site from the date as
mentioned in the LOA. The Authority at its discretion may issue instruction to commence the
services from a date later than the one mentioned in the LOA. However, the Authority shall
provide atleast [15 days] period for deployment and commencement of services in terms of
any revision of the date mentioned in the LoA. The actual date of commencement of Services
by the Authority Engineer in terms of this clause 3.8.1, shall be the effective date (the
“Effective Date”) for commencement of Services under this Agreement.
**********
32
4. Miscellaneous
4.1. The Selection Process shall be governed by, and construed in accordance with, the laws of
India and the Courts at [Delhi] shall have exclusive jurisdiction over all disputes arising
under, pursuant to and/or in connection with the Selection Process.
4.2. Authority in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to:
a) suspend and/or cancel the Selection Process and/or amend and/or supplement the
Selection Process or modify the dates or other terms and conditions relating thereto;
b) consult with any Bidder in order to receive clarification or further information;
c) retain any information and/or evidence submitted to Authority by, on behalf of and/or
in relation to any Bidder; and/or
d) Independently verify, disqualify, reject and/or accept any and all submissions or other
information and/or evidence submitted by or on behalf of any Bidder.
4.3. It shall be deemed that by submitting the Bid, the Bidder agrees and releases Authority, its
employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and
all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or
arising from the exercise of any rights and/or performance of any obligations hereunder,
pursuant hereto and/or in connection herewith and waives any and all rights and/or claims it
may have in this respect, whether actual or contingent, whether present or future.
4.4. All documents and other information supplied by Authority or submitted by a Bidder shall
remain or become, as the case may be, the property of Authority. Authority will not return
any submissions made hereunder. Bidders are required to treat all such documents and
information as strictly confidential.
4.5. Authority reserves the right to make inquiries with any of the clients listed by the Bidders in
their previous experience record.
33
SCHEDULES
34
Schedule – 1: Form of Agreement
Schedule 1: Form of PMS Agreement
35
FORM OF PMS AGREEMENT
DATED
BETWEEN
Deputy Chief Engineer (Construction)VI, South Western Railway, Hubballi.

(Ministry of Railways, Government of India)
AND
M/s
FOR
PROVIDING PROJECT MANAGEMENT SERVICES FOR -

Construction of New Broad Gauge Line Track Between Sindhanur
(excl.) (84820) and Mamdapur (Incl.) (158290) (73.47 km) Under
Ginigera (GIN) - Raichur (RC) New Line Project (165.57 Km)
Including Signalling, Telecommunication & Electrical Works of
Hubballi Division on South Western Railway through Engineering,
Procurement and Construction (EPC).
36
PMS AGREEMENT
This AGREEMENT (hereinafter called the “Agreement”) is made on the........... day of the month
of........... 20…., between, on the one hand, the President of India acting through Deputy Chief
Engineer(C) VI, South Western Railway, Hubballi, having its office at Old GM office Building
Club Road Keshawapur, Hubballi 580020 (hereinafter called the “ Authority” which expression
shall include their respective successors and permitted assigns, unless the context otherwise requires)
and, on the other hand, M/s ********** having their office at ………………………………
(hereinafter called the “Authority Engineer” or “AE” which expression shall include their respective
successors and permitted assigns).
WHEREAS
(1) The Authority under Ministry of Railways, Government of India is engaged int he
development, operation and maintenance of railway infrastructure and has been given the
responsibility to PROVIDING PROJECT MANAGEMENT SERVICES FOR -
MAMDAPUR (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New
Line Project (165.57 Km) Including Signalling, Telecommunication & Electrical Works
.of Hubballi Division on South Western Railway on Engineering, Procurement and
Construction (EPC).
(2) The Authority is desirous for engagement of Authority Engineer for providing project
management services for - All civil engineering works(Earthwork, Blanketing, Retaining
Wall
/ Boundary Wall/Side Drain, Major Bridges and Minor Bridges) and Supply of 50 mm
Machine Crushed Stone Ballast including track linking works, in between block section of
Hubballi Division on South Western Railway on Engineering, Procurement and Construction
(EPC).
(3) The Authority has issued Request for Proposal for the PMS mentioned at S. No. (2) above
(hereinafter referred to as ‘RFP’), vide Tender No. ……………………………... Both ‘Terms
of Reference and ‘Instructions to Bidder(s)’ form an integral part of this contract.
(4) The Authority Engineer is a firm having particular skill and expertise in the field which the
Authority wishes to use and hence Authority has selected the Authority Engineer pursuant to
this RFP for the purposes of the Project and he has agreed to provide services to the Authority
as per Terms of Reference (TOR) (hereinafter referred to as “the PMS” or “the Services”).
(5) The Bidder shall provide the PMS for the Construction of New Broad Gauge Line Track
Between Sindhanur (excl.) (84820) and MAMDAPUR (Incl.) (158290) (73.47 km) Under
Ginigera (GIN) - Raichur (RC) New Line Project (165.57 Km) Including Signalling,
Telecommunication & Electrical Works
37
of Hubballi Division on South Western Railway on Engineering, Procurement and

Construction (EPC) mentioned at S. No. (2) above (hereinafter referred to as “the Site”).
(6) The RFP along with Annexure to this Agreement form an integral part of the contract.
NOW THE PARTIES HEREBY AGREE: -
1. Interpretation
1.1. In this Agreement the following expressions shall have the following meanings: -
"Agreement" means this Agreement including ‘Terms of Reference’ and ‘Instructions to

Bidders’ of the Request for Proposal (RFP) for providing project management services for -
MAMDAPUR (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New Line
Hubballi Division on South Western Railway on Engineering, Procurement and Construction
(EPC)and all amendments and modifications thereto made in accordance with the provisions
hereof or which are incorporated herein expressly by reference.
“Confidential Information” includes all information supplied by the Authority to the

Authority Engineer about the Project or the Authority’s affairs or finances or which comes
into the possession of the Authority Engineer during the course, or as a consequence, of it
providing the Services to the Authority.
“Authority Engineer’s personnel” shall include the Authority Engineer’s employees; any
person engaged to provide services by the Authority Engineer and any other person acting on
behalf of the Authority Engineer.
"Force Majeure" means riots, war, exceptional weather conditions for the time and location
of the Services, or any other cause beyond the reasonable control of the affected party which
by exercise of reasonable diligence could not have been prevented or provided against, except
financial distress.
“Member”, in case the AE consists of a joint venture or consortium of more than one entity,
means any of these entities, and “Members” means all of these entities;
“Party” means the Authority, or the Authority Engineer referred to individually; “Parties”
means Authority and the Authority Engineer collectively.
38
1.2. In this Agreement: -
1.2.1. A reference to any Act of Parliament or to any other legislative instrument shall also include a
reference to any consolidation, amendment or re-enactment of the Act.
1.2.2. The various headings appearing in this Agreement are only for the sake of convenience and
shall not affect the interpretation of the subject matter of various clauses of this Agreement.
2. PMS
2.1. The Authority hereby engages the Authority Engineer to provide PMS for providing project
management services for - Construction of New Broad Gauge Line Track Between
Sindhanur (excl.) (84820) and Mamdapur (Incl.) (158290) (73.47 km) Under Ginigera (GIN)
- Raichur (RC) New Line Project (165.57 Km) Including Signalling, Telecommunication &
Electrical Works of Hubballi Division on South Western Railway through Engineering2,
Procurement and Construction (EPC) on the terms and conditions set out in this Agreement.
2.2. The Services shall commence on Effective Date as per the Clause 3.8.1and shall be completed
as per the detailed timeframe indicated in the Terms of Reference (TOR) of the ‘RFP’.
2.3. Authority of Member-in-charge
In case the AE consists of a consortium of more than one entity, the Parties agree that the
Lead Member shall act on behalf of the Members in exercising all the AE’s rights and
obligations towards the Authority under this Agreement, including without limitation the
receiving of instructions and payments from the Authority.
3. Authority Engineer’s Services
3.1. The Authority Engineer shall provide the Services with due diligence, to the best of its ability
and making full use of its skill, knowledge, experience, expertise and in a workmanlike
manner according to the highest standards acceptable in the industry and to the reasonable
satisfaction of Authority.
3.2. In providing the Services, the Authority Engineer shall devote such time and effort as may be
required to ensure proper performance of this Agreement duly within the time frame
specified.
3.3. Time is the essence of the contract. Internal target dates/Project Milestones and other
days/duration as specified in the EPC Agreement, should be strictly adhered to by the
Authority Engineer, failing which Authority will have the right to take action against the
Authority Engineer in accordance with the contract which includes, and is not restricted to,
imposition of liquidated damages vide Clause 4 of this Agreement and termination as per
Clause 6 of the Agreement.
3.4. In providing the Services the Authority Engineer shall comply with all the prevailing laws
and legislation in force, both local and Central.
39
3.5. The Authority Engineer shall, apart from providing services as mentioned in TOR of the RFP,
a. Hold meetings with the Authority and the Contractor as often as the
Authority/Contractor reasonably requires during the period of this Agreement,
b. Liaison with the Authority and the Contractor as often and in such manner as may be
necessary to secure the satisfactory and timely completion of the Services,
c. At all times act in good faith; and
d. Report to the Authority in writing of progress as per the specified timelines.
3.6. The Authority Engineer shall ensure that the Authority, and officials of the Authority having
authorisation from the Authority, are provided unrestricted access to the office of the
Authority Engineer and to all personnel during office hours. The Authority’s official, who has
been authorised by the Authority in this behalf, shall have the right to inspect the Services in
progress, interact with personnel of the Authority Engineer and verify the records relating to
the Services for his satisfaction.
3.7. Accounting, inspection and auditing: The Authority Engineer shall: (a) keep accurate and
systematic accounts and records in respect of the Services provided under this Agreement, in
accordance with internationally accepted accounting principles and in such form and detail as
will clearly identify all relevant time charges and cost, and the basis thereof (including the
basis of the Authority Engineer 's costs and charges); and (b) permit the Authority or its
designated representative periodically, and up to one year from the expiration or termination
of this Agreement, to inspect the same and make copies thereof as well as to have them
audited by auditors appointed by the Authority.
3.8. Authority Engineer's actions requiring the Authority's prior approval: The AE shall obtain the
Authority's prior approval in writing before taking any of the following actions:
a) appointing such members of the Key Personnel as are not listed in the Technical Bid
Appendix-I, Technical Bid Form-8
b) any other action that is specified in this Agreement.
3.9. Accuracy of Documents and/or Services
The Authority Engineer shall be responsible for accuracy of the documents drafted and/ or
vetted and data collected by it directly or procured from other agencies/authorities,
supervision/quality control, estimates and all other details prepared and/or undertaken by it as
part of its Services. Subject to the provisions of Clause 8.1, it shall indemnify the Authority
against any inaccuracy or deficiency in its work which might surface during implementation
of the Project, if such inaccuracy or deficiency is the result of any negligence or inadequate
due diligence on part of the Authority Engineer or arises out of its failure to conform to good
industry practice. The Authority Engineer shall also be responsible for promptly correcting, at
its own cost and risk, the works, the documents including any re-survey/
investigations/supervision.
40
3.9.1. If the Authority is satisfied about non-performance of any obligation/provision as stipulated

in the Terms of Reference OR non-compliance of any of the provisions of the Agreement, a
deduction of Rs.25,000/- or higher but not exceeding 1% of the monthly payment for PMS to
AE shall be applicable for each instance of non-performance/non-compliance.
3.9.2. Notwithstanding anything contained above, the AE must ensure to perform/take corrective
action on the particular non-performance/non-compliance in a reasonable time frame. Failure
to take corrective action within a reasonable time frame, depending upon the importance of
the activity, may lead to termination of Agreement as decided by the Authority.
3.9.3. If more than 5 incidents occur requiring deductions as mentioned in 3.9.1 above, the
Authority may initiate action to terminate the Agreement due to unsatisfactory performance,
on the recommendations of Authority or its authorized representative.
3.9.4. In case an item of work is certified by the AE and paid to the Contractor and the work is
found to be defective, sub-standard or resulting in over payment to the Contractor during
subsequent checks by the Authority, or any other agency legally authorised to do so, requiring
replacement/remaining work to be undertaken as required under the payment milestones of
the EPC Agreement, the AE shall ensure that the same is complied without any additional
cost to the Authority through accounting of payments made to the Contractor as per the
provisions of the EPC Agreement and without any payment for the deployment of AE
personnel against such works towards replacement/remaining work undertaken by Contractor.
The AE shall also enquire as to the reasons for such failure and submit a report on the same to
the Authority indicating the remedial measures to be taken to prevent recurrence of such
incidents in future. Without limitation to any other actions or damages as contemplated under
this Agreement by the Authority, deductions in payments as envisaged under Clause 3.9.1
shall also be applicable. Further, if it is detected that any such act has been committed
willfully, the concerned personnel of AE shall be removed immediately from the project and
he shall be debarred to work in any assignment under Ministry of Railways for upto 5 years.
In addition, action may be taken against the AE for termination of the Agreement and also
initiate any action against the AE as per the Applicable Laws.
3.9.5. The AE is responsible for ensuring safety of workers, Railway assets, Rolling stocks and
Railway users on the works being carried out by the Contractor. In case any accident happens
at work site which results in loss of life and it is found after inquiry conducted by
Authority/Railway/Commissioner of Railway Safety (CRS) that safety measures were
lacking, Authority shall impose a penalty @ Rs. 5 Lacs on the AE for every such incident.
3.9.6. Failure in certification of Stage, Interim or Final payment by the AE as envisaged under Clause
6.2 of Terms of Reference and provisions of the EPC Agreement, shall entitle Authority to a
deduction of Rs 25,000/- per day of delay.
3.9.7. Notwithstanding anything contained above, the Authority may initiate proceedings for
declaring the AE as “Poor Performer/Banning of Business Dealings” for the
default(s)/failure(s) noted of the AE in performance of their assignment depending upon the
gravity/frequency of the default/failure.
41
3.10. Authority Engineer 's personnel:
a) General: The Authority Engineer shall employ and provide such qualified and
experienced Personnel as may be required to carry out the Services.
b) Deployment of Personnel: The designations, names and the estimated periods of

engagement in carrying out the Services by each of the Authority Engineer's personnel
are described in this Agreement.
c) Approval of Personnel: The Key Personnel listed in the Agreement are hereby approved
by the Authority. No other Key Personnel shall be engaged without prior approval of
the Authority. If the Authority Engineer hereafter proposes to engage any person as
professional personnel, it shall submit to the Authority its proposal along with a CV of
such person in the format provided in the RFP. The Authority may approve or reject
such proposal within 14 (fourteen) days of receipt thereof in terms of the provisions of
the RFP.
In case the proposal is rejected, the Authority Engineer may propose an alternative
person for the Authority's consideration. In the event the Authority does not reject a
proposal within 14 (fourteen) days of the date of receipt thereof, it shall be deemed to
have been approved by the Authority.
3.11. Substitution of Key Personnel:
3.11.1. The Authority expects all the Key Personnel specified in the Bid to be available during
implementation of the Agreement. In case of non-commencement of services upto180(one
hundred and eighty) days from the Bid Due Date due to reasons attributable to Authority, the
Selected Bidder shall be permitted for replacement upto a maximum of 50% Key Personnel
with Key Personnel of equivalent or better qualifications without considering the same as
replacement/substitution and without any deduction. Apart from the above, the Authority will
not consider any substitution of Key Personnel except for reasons of any incapacity, death or
any reasons beyond the reasonable control of the Authority Engineer. Such substitution shall
be subject to equally or better qualified and experienced personnel being provided to the
satisfaction of the Authority.
3.11.2. As a condition to such substitution, replacement of upto 40% of Key Personnel shall be
permitted subject to reduction of remuneration (i.e., man-month rate) equal to 5% (five per
cent) specified for that Key Personnel from the date of replacement. In case of total
replacement above 40% and upto 65%, such reduction in remuneration shall be equal to 10%
(ten per cent) and for subsequent replacement such reduction shall be equal to 15% (fifteen
per cent).
3.11.3. If the Authority finds that any of the AE’s personnel has committed serious misconduct or has
been charged with having committed a criminal action, or shall the Authority determine that
such personnel have engaged in corrupt, fraudulent, collusive, coercive or obstructive practice
while performing the Services, the AE shall, at the Authority’s written request, provide a
replacement. In the event that any of personnel is found by the Authority to be incompetent or
in capable in discharging assigned duties, as per the direction of the Authority the AE shall
provide equal or better replacement.
42
3.12. Working hours, overtime, leave, etc. The personnel shall not be entitled to be paid for
overtime nor to take paid sick leave or vacation leave except as specified in the Agreement,
and the Authority Engineer 's remuneration shall be deemed to cover these items. All leave to
be allowed to the personnel is excluded from the man days of service set forth in Appendix-II,
Financial Bid Form-1 or subsequently as per the approved deployment schedule of Key
Personnel. Any taking of leave by any personnel for a period exceeding 3 (three) days shall be
subject to the prior approval of the Authority, and the AE shall ensure that any absence on
leave will not delay the progress and quality of the Services. The person designated as the
Team Leader of the Authority Engineer's Personnel shall be responsible for the coordinated,
timely and efficient functioning of all the personnel. He shall be responsible for day-to-day
performance of the Services. The personnel for site supervision shall be deployed as per the
requirements of the Contractor’s works to be supervised. The AE shall work as per the work
program of the EPC Contractor. In this context in case the work plan of the AE needs suitable
modifications, the same shall be carried out and submitted to the Authority for consideration.
The AE hours of work normally shall match with that of Contractor’s activities on the site. No
extra remuneration shall be claimed or paid for extra hours of work required in the interest of
Project completion.
4. Delays in providing the Services by the Authority Engineer and Extension of Time
4.1. The Authority Engineer has submitted a Performance Security to Authority for a sum
equivalent to [5% (five percent)]7 of the Cost of the PMS amounting to Rs. /- (Rupees
only) in the form of Bank Guarantee/ TDR/ Demand Draft/ Bankers’ Cheque or Pay Order in
favour of Financial Advisor and Chief Account Officer, Construction, Bengaluru., drawn on any
nationalized or scheduled commercial bank and payable at Bengaluru.
4.2. The said Performance Security will be kept valid for duration as mentioned in the KIT.
Thereafter as required by the Authority, the same shall be kept valid for three months or for
such period, as may be decided by Authority, over and above the scheduled period of
completion of work. The Performance Security would however be forfeited in case of any
event of Default leading to termination of contract as described in the Agreement.
4.3. Delays: Any delay by the Authority Engineer in the commencement or delay in performance
of its contractual obligations shall render the Authority Engineer liable to any or all of the
following:
a) Imposition of Liquidated damages (L.D.) @ 0.5% of the Agreement Value per week,
subject to maximum of 5% of the Agreement Value. This may also include forfeiture of
Performance Security.
b) Non-submission of final report by due date (unless the same is due to Authority’s
administrative delays) may also attract levy of L.D.
c) Termination of the contract, in terms of Clause 6 below.
7
Please retain as per govt. guidelines
43
4.4. Extension of Time: Any delay/ non-performance arising out of / caused by reasons not
attributable to and not under control of the Authority Engineer, shall not attract the sanctions
mentioned in Clause 4.3 above. If at any time during performance of the Contract, the
Authority Engineer encounters such conditions impeding timely completion of the work
under the Contract and performance of services, it shall immediately notify Authority in
writing of the fact of the delay, its likely duration and its causes. As soon as practicable, after
receipt of the Authority Engineer’s notice, Authority shall evaluate the situation and may at
its discretion (which shall not be unjust/unreasonable) extend the Authority Engineer’s time
for performance, in which case the extension shall be ratified by the parties by amendment of
the Contract.
4.5. Agreement Value:
4.5.1. Except as may be otherwise agreed under Clause 4.8 and subject to Clause 4.5.2 and 4.6, the
payments under this Agreement shall not exceed the value including any reimbursable
expenses8, if any, and specified herein (the "Agreement Value"). The Parties agree that the
Agreement Value is Rs. ………. (Rupees ).
4.5.2. Notwithstanding anything to the contrary contained in Clause 4.5.1, if pursuant to the
provisions of Clauses 4.8, the Parties agree that additional payments shall be made to the AE
in order to cover any additional expenditures not envisaged in the cost estimates referred to in
Clause4.5.1 above, the Agreement Value set forth in Clause 4.5.1 above shall be increased by
the amount or amounts, as the case may be, of any such additional payments.
4.6. Variation: Any extra work carried out or deployment by the Authority Engineer on the
instructions of Authority which is not included in the scope or deployment of PMS shall be
executed as per man days rates agreed upon between Authority and the Authority Engineer in
terms of Clause 10.3 of Terms of Reference, before execution of such services. For avoidance
of doubt, it is clarified that for any extra work or deployment (including additional services
due to extension of time), the payments shall be made as per the rates or provisions available
in this Agreement, however, wherever such rates or provisions are not available the same
shall be mutually agreed before execution of such services.
4.7. Payment to the Authority Engineer
Payment to the AE for the Services shall be made in terms of Clause 11 of Terms of
Reference. It may be further noted that the remuneration rates against the deployment of Key
Personnel shall be adjusted as per the following provisions related to the price adjustment, the
“Price Adjustment”. The amounts payable to the AE at the accepted remuneration rates as
per Agreement shall be adjusted by the formulae prescribed in this clause.
4.7.1. Adjustment Formulae: Remuneration rates for the first 12 months from the date of
commencement of services shall remain the same as accepted by the Authority and indicated
in the Agreement. From the beginning of 13th month from the date of commencement of
services, remuneration rates shall be adjusted as per the formula given below for every 12
months.
8
Reimbursable expenses to be included only if the reimbursement of expenses is also envisaged against the
44
estimate of costs in the Financial Bid
45
i. When adjustment due date falls before original date of completion of services
Rl = Rlo 0.1 + 0.9
Il ]
×[ Ilo
ii. When adjustment due date falls in extension period for which extension is sanctioned
for reasons not attributable to the AE
Rl = Rlo ×[ Il ]
Ilo
Where,
Rl is the adjusted remuneration,
Rlo is the remuneration payable on the basis of the rates set forth in accepted rates of
remuneration of Key Personnel,
Il is the all India Consumer Price Index for Industrial Workers as published by RBI
(Reserve Bank of India) Bulletin for the month on the day 28 days prior to the date of
completion of every 12 months from date of commencement of services and,
Ilo is the all India Consumer Price Index for Industrial Workers as published by RBI
(Reserve Bank of India) Bulletin for the month on the day 28 days prior to the closing
date of submission of proposals.
iii. In addition to the above, in case any personnel is continuing for more than 12 months
from date of his/her deployment then the AE shall be entitled for increase in monthly
remuneration rate @ 3% of the accepted monthly remuneration rate of such personnel,
on completion of every 12 months.
In case new category of Key Personnel is required to be deployed (not provided in the
Agreement), the base rate would be fixed as per Clause 10.3 similar personnel or with
mutual consent of both parties in case of not similar personnel and adjustment as above
shall be applicable after 12 months from the initial deployment of such category.
4.7.2. Price Adjustment shall not be applicable during the extension period for which extension is
sanctioned for reasons attributable to the AE.
4.8. Modification of Agreement
Modification of the terms and conditions of this Agreement, including any modification of the
scope of the Services, may only be made by written agreement between the Parties. Pursuant
to Clauses 4.5.2 and 5 hereof, however, each Party shall give due consideration to any
proposals for modification made by the other Party.
5. Force Majeure
5.1. The Authority Engineer shall not be liable for forfeiture of its Performance Security,
liquidated damages or termination for default, to the extent that, delay in performance or other
failure to perform its obligations under the Contract is the result of an event of Force Majeure.
5.2. If a Force Majeure situation arises, either party shall promptly notify the other party in writing
of such conditions and the cause thereof. Unless otherwise directed by the Authority in
writing, the Authority Engineer shall continue to perform its obligations under the Contract as
46
far as is Reasonably practical and shall seek all reasonable alternative means for performance
not prevented by the Force Majeure event.
5.3. However, Authority may terminate this Agreement by giving a written notice of minimum 7
days to the Authority Engineer, if as a result of Force Majeure, the Authority Engineer is
unable to perform a material portion of the services for a period of more than 30 days.
Material portion of the services for the purposes of this clause is defined in terms of
deliverable and time frames mentioned in ‘Terms of Reference’ of the RFP. Termination
pursuant to this Clause will not prejudice any pre-existing claims which either party may have
against the other party.
6. Termination
6.1. Without prejudice to the succeeding provision of this clause, the Agreement shall stand
terminated after the Authority Engineer has rendered all the services to the satisfaction of the
Authority and the same are accepted by Authority.
6.2. The Authority may, by giving notice in writing, immediately terminate this Agreement if the
Authority Engineer or any of the Authority Engineer’s personnel:
6.2.1. Breaches any of the terms of this Agreement which, in case of a breach capable of being
remedied, is not remedied by the Authority Engineer within ten days of receipt of a notice
from Authority specifying the breach and requiring its remedy.
6.2.2. Having remedied the breach referred to in sub-paragraph 6.2.1 further breaches the terms of
the Agreement on two or more occasions.
6.2.3. Is incompetent, guilty of gross misconduct or any serious or persistent negligence or serious
or persistent default in the provision of the Services, including (but not limited to) the
disclosure to any person not authorized by Authority of any Confidential Information.
6.2.4. commits any offence under the Prevention of Corruption Act 1988.
6.2.5. Fails or refuses to provide the Services required pursuant to the provision of this Agreement
after written warning.
6.2.6. Is guilty of delay in commencement of services or delay in performance of its contractual

obligations.
6.3. Authority may also terminate this Agreement in terms of Clause5.3.
6.4. If in the opinion of the Authority, Authority Engineer becomes or is in jeopardy of becoming
insolvent or bankrupt, or has a receiving order made against it, or compounds with its
creditors, or any of them Authority shall be entitled to terminate this Agreement by notice to
the Authority Engineer. The Authority Engineer shall immediately notify Authority should it
be in jeopardy of becoming insolvent, bankrupt or has a receiving order made against it or
enters into a composition with its creditors or any third party.
47
6.5. Any act on the part of the parties after termination of this Agreement by way of
communication, correspondence etc., shall not be construed as an extension or revival of
validity of this Agreement. In the event of early termination of this Agreement for any reason,
the liability of the Parties shall be restricted to the amounts that have become payable to the
Parties till the date of termination of the Agreement.
6.6. Authority also reserves the right to short close the Agreement any time. No compensation
shall be payable beyond the services payable as per Payment Schedule.
6.7. By the Authority Engineer
6.7.1. The AE may, by not less than 30 (thirty) days’ written notice to the Authority, such notice to
be given after the occurrence of any of the events specified in this clause, terminate this
Agreement if:
a) the Authority fails to pay any money due to the AE pursuant to this Agreement and not
subject to dispute within 60 (sixty) days after receiving written notice from the AE that
such payment is overdue; or
b) as the result of Force Majeure, the AE is unable to perform a material portion of the
Services for a period of not less than 60 (sixty) days;
7. Amendment/Waiver
No amendment, modification or waiver of any provision of this Agreement shall in any event
be effective unless the same has been made in writing and signed by a duly authorized officer
of each of the parties and approved in writing by other and any waiver or consent shall be
effective only in the specific instance and for the specified purpose for which it is given.
8. Liability of Bidder to the Client and Insurance
8.1. The Authority Engineer’s liability under this Agreement shall be determined by the
Applicable Laws and the provisions hereof. The AE shall, subject to the limitation specified
in this Clause 8.1, be liable to the Authority for any direct loss or damage accrued or likely to
accrue due to deficiency in Services rendered by it. Except in case of negligence or willful
misconduct on the part of the Authority Engineer or on the part of any person acting on behalf
of the Authority Engineer in carrying out the Services, the Authority Engineer, with respect to
damage caused by the Authority Engineer to the Authority’s property, shall not be liable to
the Authority: For any indirect or consequential loss or damage; and for any direct loss or
damage that exceeds
(A) the total payments for Professional Fees and Reimbursable Expenditure made or expected
to be made to the Authority Engineer hereunder, or (B) the proceeds the Authority Engineer
may be entitled to receive from any insurance maintained by the Authority Engineer to cover
such a liability, whichever of (A) or (B) is higher.
This limitation of liability specified in this Clause 8.1 shall not affect the AE’s liability, if
any, for damage to Third Parties caused by the Authority Engineer or any person or firm
48
acting on behalf of the Authority Engineer in carrying out the Services subject, however, to a
limit equal to 3 (three) times the Agreement Value.
8.2. Insurance to be taken out by the AE
a) The AE shall, for the duration of this Agreement, take out and maintain, at its own cost,
but on terms and conditions approved by the Authority, insurance against the risks, and
for the coverages, as shall be specified in the Agreement and in accordance with good
industry practice.
b) Within 15 (fifteen) days of receiving any insurance policy certificate in respect of

insurances required to be obtained and maintained under this clause, the AE shall
furnish to Authority, copies of such policy certificates, copies of the insurance policies
and evidence that the insurance premia have been paid in respect of such insurance. No
insurance shall be cancelled, modified or allowed to expire or lapse during the term of
this Agreement.
c) If the Authority Engineer fails to effect and keep in force the aforesaid insurances for
which it is responsible pursuant hereto, Authority shall, apart from having other
recourse available under this Agreement, have the option, without prejudice to the
obligations of the Authority Engineer, to take out the aforesaid insurance, to keep in
force any such insurances, and pay such premia and recover the costs thereof from the
Authority Engineer , and the Authority Engineer shall be liable to pay such amounts on
demand by the Authority.
d) Except in case of Third-Party liabilities, the insurance policies so procured shall

mention the Authority as the beneficiary of the Authority Engineer and the Authority
Engineer shall procure an undertaking from the insurance company in this regard.
8.3. The Parties agree that the risks and coverage’s shall include but not be limited to the following:
a) Third Party liability insurance as required under Applicable Laws.
b) Third Party motor vehicle liability insurance as required under Motor Vehicle Act,
1988, in respect of motor vehicles operated in India by the AE or their personnel, for
the period of Consultancy.
c) Third Party liability insurance with a minimum coverage of Rs. 50 Lakhs for the period
of this Agreement
d) The indemnity limit in terms of “Any One Accident” (AOA) and “Aggregate limit on
the policy period” (AOP) should not be less than the amount as per this Agreement. In
case of consortium, the policy should be in the name of Lead Member and not in the
name of individual Members of the consortium. The Authority Engineer may submit
the copy of the Global Indemnity Insurance with endorsement copy which certifies that
this consultancy work has been included in the Global Indemnity Insurance.
e) Employer’s liability and workers’ compensation insurance in respect of the personnel of
49
the Authority Engineer, in accordance with the relevant provisions of the Applicable
Law, as well as, with respect to such personnel, any such life, health, accident, travel or
other insurance as may be appropriate; and all insurances and policies should start no
later than the Effective Date and remain effective as per relevant requirements of the
Agreement
9. Confidential Information
9.1. The Authority Engineer agrees to treat all confidential information of Authority as secret and
confidential at all times.
9.2. The Authority Engineer shall not, save for in situations falling under Clause 9.3 below, at any
time, for any reason, disclose or permit to be disclosed to any person any Confidential
information and the Authority Engineer shall not otherwise make use of or permit any use to
be made of any Confidential information by any person. The Authority Engineer agrees that
the confidential information will not be disclosed by it or its personnel to third parties either
during or after the termination of this Agreement. The provisions of this Clause shall survive
the termination of this Agreement.
9.3. Without prejudice to Clauses 9.1 and 9.2 the Authority Engineer may disclose confidential
information to only those of its personnel who need to know it in order to provide the Service.
However, in doing so the Authority Engineer shall at all times ensure that its personnel
involved in providing the Service, or who otherwise come across Confidential information in
the course of their duties are made aware of the confidential nature of information and do not
disclose it or otherwise breach the provisions of this section.
9.4. In the event any confidential information is disclosed by the Authority Engineer or any of its
personnel, Authority will have the right to take action against the Authority Engineer under
the law as it may be advised for unauthorized disclosure of confidential information,
notwithstanding any Agreement between the Authority Engineer and its personnel.
9.5. On termination of this Agreement (however such termination may arise) the Authority
Engineer shall deliver to the Authority all working papers, computer disks and tapes or other
material and copies provided to the Authority Engineer by Authority pursuant either to this
Agreement or to any previous obligation owed to the Authority regarding the Project.
10. Disputes
10.1. Any disputes which may arise as to the terms of this contract will be dealt with in accordance
with the provision of Clause 10.
10.2. If any dispute arises between the parties in relation to this contract, then either party may
request the other to participate in a meeting of their respective senior officials or any other
authorized officer/representative, in order to discuss the dispute and to agree to a strategy to
resolve it. The Parties shall then liaise in good faith to arrange and implement the meeting
within ten (10) working days and shall exchange statements at least three (3) clear working
days prior to the date of the meeting, setting out their respective views of the issues, which are
50
in dispute.
10.3. If notwithstanding any steps taken by the parties pursuant to paragraph 10.2, the dispute
between them remains unresolved within one (1) month of the date on which the dispute
arose, then the matter shall be resolved through conciliation process as per the Settlement of
Disputes
– Indian Railway Arbitration and Conciliation Rules provided under the Indian Railways
Standard General Conditions of Contract 2022 (GCC April 2022) issued by Engineering
Department, including any correction slips as updated from time to time. All disputes and
differences of any kind whatsoever arising out of or in connection with the contract, whether
during the progress of the work or after its completion and whether before or after the
determination of the contract, shall be referred by the Authority Engineer to the ["Deputy
Chief Engineer(C) VI, South Western Railway, Hubballi"]9 through “Notice of Dispute”
provided that no such notice shall be served later than 30 days after the date of issue of
Completion Certificate by the Authority. Deputy Chief Engineer(C) VI, South Western
Railway, Hubballi shall, within 30 days after receipt of the Authority Engineer ’s “Notice of
Dispute”, notify the name of conciliator(s) to the Authority Engineer. The Conciliator(s) shall
assist the parties to reach an amicable settlement in an independent and impartial manner
within the terms of contract. If the parties reach agreement on a settlement of the dispute, they
shall draw up and sign a written settlement agreement duly signed by the Authority
representative, Authority Engineer and conciliator(s). When the parties sign the settlement
agreement, it shall be final and binding on the parties. The parties shall not initiate, during the
conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the
subject matter of the conciliation proceedings. The conciliation proceedings shall be
terminated as per Section 76 of ‘The Arbitration and Conciliation Act, 1996.
10.4. Matters Finally Determined by the Authority: All disputes and differences of any kind
whatsoever arising out of or in connection with the contract, whether during the progress of
the work or after its completion and whether before or after the determination of the contract,
shall be referred by the Authority Engineer to the General Manager (GM) and the GM
shall, within 120 days after receipt of the Authority Engineer’s representation, make and
notify decisions on all matters referred to by the Authority Engineer in writing provided that
matters for which provision has been made as referred below in Clauses 10.4 (i) to 10.4 (xiv)
of this Agreement or in any Clause (stated as excepted matter) of the Special Conditions of
the Agreement, shall be deemed as ‘excepted matters’ (matters not arbitrable) and decisions
of the Railway authority, thereon shall be final and binding on the Authority Engineer;
provided further that ‘excepted matters’ shall stand specifically excluded from the purview of
the Arbitration Clause:
i. In case Authority is of the view that Authority Engineer’s personnel performance is not
satisfactory, he may instruct the Authority Engineer to remove the personnel from the
work and the Authority Engineer has to comply with the above instructions with due
promptness. Authority Engineer shall intimate the actual date of discontinuation of its
personnel to the Authority. No claim of Authority Engineer whatsoever on this account
shall be entertained by the Authority and this shall be deemed as ‘excepted matter’
(matter not arbitrable).
ii. Illegal Gratification: Any bribe, commission, gift or advantage given, promised or
51
offered by or on behalf of the Authority Engineer or his partner or agent or servant or

anyone on his behalf, to any officer or employee of the Authority or to any person on
his behalf in relation to obtaining or execution of this or any other contract with the
Authority shall, in addition to any criminal liability which he may incur, subject
Authority Engineer to the rescission of the contract and all other contracts with the
Authority and to the payment of any loss or damage resulting from such decision and
the Authority shall be entitled to deduct the amounts so payable from the Authority
Engineer’s bills/Security Deposit or any other dues of the Authority Engineer with the
Government of India.
iii. The Authority Engineer shall not lend or borrow from or have or enter into any
monitory dealings or transactions either directly or indirectly with any employee of the
Authority and if he shall do so, the Authority shall be entitled forthwith to rescind the
contract and all other contracts with the Authority. Any question or dispute as to the
commission of any such offence or compensation payable to the Authority under this
Clause shall be settled by the General Manager of the Railway, in such a manner as he
shall consider fit &sufficient, and his decision shall be final & conclusive. In the event
of rescission of the agreement under this Clause, the Authority Engineer will not be
paid any compensation whatsoever except payments for the work done upto the date of
rescission.
iv. Meaning and Intent of Specification and Drawings: If any ambiguity arises as to the
meaning and intent of any portion of the Specifications and Drawings or as to execution
or quality of any work or material, or as to the measurements of the works the decision
of the Authority thereon shall be final subject to the appeal (within 7 days of such
decision being intimated to the Authority Engineer ) to the Deputy Chief Engineer(C)
VI, South Western Railway, Hubballi who shall have the power to correct any errors,
omissions, or discrepancies in aforementioned items and whose decision in the matter
in dispute or doubt shall be final and conclusive.
v. Rates for Extra Items of Works: Any item of work carried out by the Authority
Engineer on the instructions of the Authority which is not included in the accepted rates
shall be executed as per the provisions of the Agreement. Provided that if the Authority
Engineer commences work or incurs any expenditure in regard thereto before the rates
as determined and agreed upon as lastly here unto fore-mentioned, then and in such a
case the Authority Engineer shall only be entitled to be paid in respect of the work
carried out or expenditure incurred by him prior to the date of determination of the rates
as aforesaid according to the rates as shall be fixed by the Authority representative.
However, if the Authority Engineer is not satisfied with the decision of the Authority
representative in this respect, he may appeal to the Deputy Chief Engineer(C) VI,
South Western Railway, Hubballi / Chief Engineer within 30 days of getting the
decision of the Authority representative, supported by analysis of the rates claimed. The
Deputy Chief Engineer(C) VI, South Western Railway, Hubballi /Chief Engineer's
52
decision after hearing both the parties in the matter would be final and binding on the
Authority Engineer and the Authority.
vi. Signing of "No Claim" Certificate: The Authority Engineer shall not be entitled to make
any claim whatsoever against the Authority under or by virtue of or arising out of this
contract, nor shall the Railway entertain or consider any such claim, if made by the
Authority Engineer, after he shall have signed a "No Claim" Certificate in favour of the
Authority in such form as shall be required by the Railway after the works are finally
measured up. The Authority Engineer shall be debarred from disputing the correctness
of the items covered by "No Claim" Certificate or demanding a clearance to arbitration
in respect thereof.
vii. It shall be open to the Authority Engineer to take specific objection to any recorded
measurements or Classification on any ground within seven days of the date of such
measurements. Any remeasurement taken by the Authority or the Authority's
representative in the presence of the Authority Engineer or in his absence after due
notice has been given to him in consequence of objection made by the Authority
Engineer shall be final and binding on the Authority Engineer and no claim whatsoever
shall thereafter be entertained regarding the accuracy and Classification of the
measurements.
viii. Provisions of Payments of Wages Act: The Authority Engineer shall comply with the
provisions of the Payment of Wages Act, 1936 and the rules made there under in
respect of all employees employed by him. If in compliance with the terms of the
contract, the Authority Engineer supply any personnel to be used wholly or partly under
the direct orders and control of the Authority whether in connection with the works to
be executed hereunder or otherwise for the purpose of the Authority, such personnel
shall nevertheless be deemed to comprise persons employed by the Authority Engineer
and any moneys which may be ordered to be paid by the Authority shall be deemed to
be moneys payable by the Authority on behalf of the Authority Engineer and the
Authority may on failure of the Authority Engineer to repay such money to the
Authority deduct the same from any moneys due to the Authority Engineer in terms of
the contract. The Authority shall be entitled to recover the same from Authority
Engineer’s bills/Security Deposit or any other dues of Authority Engineer with the
Government of India all moneys paid or payable by the Authority by way of
compensation of aforesaid or for costs of expenses in connection with any claim thereto
and the decision of the Authority upon any question arising out of the effect or force of
this Clause shall be final and binding upon the Authority Engineer.
ix. In every case in which, by virtue of the provisions of the Contract Labour (Regulation
and Abolition) Act, 1970 or the rules, the Authority is obliged to pay any amount of
wages to a workman employed by the Authority Engineer or his personnel in execution
of the work or to incur any expenditure on account of the contingent, liability of the
Authority due to the Authority Engineer 's failure to fulfill his statutory obligations
under the aforesaid Act or the rules, the Authority will recover from the Authority
Engineer , the amount of wages so paid or the amount of expenditure so incurred and
without prejudice to the rights of the Authority under the Section 20, Sub-Section (2)
and Section 2, Sub-Section (4) of the aforesaid Act, the Railway shall be at liberty to
53
recover such amount or part thereof from Authority Engineer ’s bills/Security Deposit
or any other dues of Authority Engineer with the Government of India. The Railway
shall not be bound to contest any claim made against it under Sub-Section (1) of
Section 20 and Sub- Section (4) of Section 21 of the aforesaid Act except on the written
request of the Authority Engineer and upon his giving to the Authority full security for
all costs for which the Railway might become liable in contesting such claim. The
decision of the Chief Engineer regarding the amount actually recoverable from the
Authority Engineer as stated above shall be final and binding on the Authority
Engineer.
x. Provision of Workmen’s Compensation Act: In every case in which by virtue of the

provisions of Section 12 Sub-Section (1) of the Workmen's Compensation Act 1923,
Authority is obliged to pay compensation to a workman directly or through personnel
employed by the Authority Engineer in executing the work, Railway will recover from
the Authority Engineer the amount of the compensation so paid, and, without prejudice
to the rights of Authority under Section 12 Sub-section (2) of the said Act, Authority
shall be at liberty to recover such amount or any part thereof from Authority Engineer
’s bills/Security Deposit or any other dues of the Authority Engineer with the
Government of India. Authority shall not be bound to contest any claim made against it
under Section 12 Sub-Section (1) of the said Act except on the written request of the
Authority Engineer and upon his giving to Authority full security for all costs for which
Authority might become liable in consequence of contesting such claim.
xi. Provision of Mines Act: The Authority Engineer shall observe and perform all the
provisions of the Mines Act, 1952 or any statutory modifications or re-enactment
thereof for the time being in force and any rules and regulations made thereunder in
respect of all the persons directly or through the personnel employed by him under this
contract and shall indemnify the Authority from and against any claims under the Mines
Act, or the rules and regulations framed thereunder, by or on behalf of any persons
employed by him or otherwise
xii. Right of Authority to Determine the Contract: The Authority shall be entitled to
determine and terminate the contract at any time should, in the Authority's opinion, the
cessation of work becomes necessary owing to paucity of funds or from any other cause
whatever, in which case the value of approved materials at site and of work done to date
by the Authority Engineer will be paid for in full at the rate specified in the contract.
Notice in writing from the Authority of such determination and the reasons therefor
shall be conclusive evidence thereof.
xiii. Payment on Determination of Contract: Should the contract be determined under sub
clause above, and the Authority Engineer claims payment for expenditure incurred by
him in the expectation of completing the whole of the work, the Authority shall admit
and consider such claims as are deemed reasonable and are supported by vouchers to
the satisfaction of the Authority. The Authority's decision on the necessity and
propriety of such expenditure shall be final and conclusive.
xiv. Determination of Contract owing to Default of Authority Engineer.
54
10.5. Arbitration: If notwithstanding any steps taken by the parties pursuant to Clause 10.3 the
dispute remains unresolved within the time period, then the dispute shall be subject to
arbitration process as per the Settlement of Disputes – Indian Railway Arbitration and
Conciliation Rules provided under the [Indian Railways Standard General Conditions of
Contract 2022 (GCC April 2022) issued by Engineering Department]10, including any
correction slips as updated from time to time.
10.5.1. Demand for Arbitration:
(i) In the event of any dispute or difference between the parties hereto as to the operation
of this contract, or the respective rights and liabilities of the parties on any matter in
question, dispute or difference on any account or as to the withholding by the Authority
of any certificate to which the Authority Engineer may claim to be entitled to, or if the
Authority fails to make a decision within 120 days, then and in any such case, but
except in any of the “excepted matters” referred to in the Matters finally determined by
Authority as per clause 10.4, the Authority Engineer , after 120 days but within 180
days of his presenting his final claim on disputed matters shall demand in writing that
the dispute or difference be referred to arbitration.
(ii)
a. The demand for arbitration shall specify the matters which are in question, or
subject of the dispute or difference as also the amount of claim item-wise. Only
such dispute or difference, in respect of which the demand has been made,
together with counter claims or set off, given by the Authority, shall be referred
to arbitration and other matters shall not be included in the reference.
b. The parties may waive off the applicability of Sub-Section 12(5) of Arbitration
and Conciliation (Amendment) Act 2015, if they agree for such waiver in writing,
after dispute having arisen between them, in the agreed format.
(iii)
a. The Arbitration proceedings shall be assumed to have commenced from the day,
a written and valid demand for arbitration is received by the Authority.
b. The claimant shall submit his claims stating the facts supporting the claims along
with all the relevant documents and the relief or remedy sought against each
claim within a period of 30 days from the date of appointment of the Arbitral
Tribunal.
1010
Please insert relevant contract document as per the Project being undertaken by the Authority
c. The Authority shall submit its defence statement and counter claim(s), if any,
within a period of 60 days of receipt of copy of claims from Tribunal, unless
otherwise extension has been granted by Tribunal.
55
d. Place of Arbitration: The place of arbitration would be within the geographical

limits of the Division of the Railway where the cause of action arose or the
Headquarters of the concerned Authority or any other place with the written
consent of both the parties.
(iv) No new claim shall be added during proceedings by either party. However, a party may
amend or supplement the original claim or defense thereof during the course of
arbitration proceedings subject to acceptance by Tribunal having due regard to the
delay in making it.
(v) If the Authority Engineer does/do not prefer his/their specific and final claims in
writing, within a period of 90 days of receiving the intimation from the Authority that
the final bill is ready for payment, he/they will be deemed to have waived his/their
claim(s) and the Authority shall be discharged and released of all liabilities under the
contract in respect of these claims.
10.5.2. Obligation During Pendency of Arbitration: Work under the contract shall, unless otherwise
directed by the Authority, continue during the arbitration proceedings, and no payment due or
payable by the Authority shall be withheld on account of such proceedings, provided,
however, it shall be open for Arbitral Tribunal to consider and decide whether or not such
work should continue during arbitration proceedings.
10.5.3. Appointment of Arbitrator:
a) Appointment of Arbitrator where applicability of section 12(5) of Arbitration and

Conciliation Act has been waived off:
i. In cases where the total value of all claims in question added together does not
exceed ₹ 1,00,00,000/- (Rupees One Crore), the Arbitral Tribunal shall consist of
a Sole Arbitrator who shall be a Gazetted Officer of the Authority not below
Junior Administrative Grade, nominated by the General Manager. The sole
arbitrator shall be appointed within 60 days from the day when a written and
valid demand for arbitration is received by General Manager.
ii. In cases not covered by the Clause (i) above, the Arbitral Tribunal shall consist of
a panel of three Gazetted Railway Officers not below Junior Administrative
Grade or 2 (two) Railway Gazetted Officers not below Junior Administrative
Grade and a retired Railway Officer, retired not below the rank of Senior
Administrative Grade Officer, as the arbitrators. For this purpose, the Railway
will send a panel of at least four (4) names of Gazetted Railway Officers of one
or more departments of the Railway which may also include the name(s) of
retired Railway Officer(s) empanelled to work as Railway Arbitrator to the
Authority Engineer within 60 days from the day when a written and valid demand
for arbitration is received by the General Manager. Authority Engineer will be
asked to suggest to General Manager at least 2 names out of the panel for
appointment as Authority Engineer ’s nominee within 30 days from the date of
dispatch of the request by Railway. The General Manager shall appoint at least
one out of them as the Authority Engineer ’s nominee and will, also
simultaneously appoint the balance number of arbitrators either from the panel or
56
from outside the panel, duly indicating the ‘presiding arbitrator’ from amongst
the 3 (three) arbitrators so appointed. General Manager shall complete this
exercise of appointing the Arbitral Tribunal within 30 days from the receipt of the
names of Authority Engineer ’s nominees. While nominating the arbitrators, it
will be necessary to ensure that one of them is from the Accounts Department. An
officer of Selection Grade of the Accounts Department shall be considered of
equal status to the officers in Senior Administrative Grade of other departments
of the Railway for the purpose of appointment of arbitrator.
iii. The serving railway officer working in arbitral tribunal in the ongoing arbitration
cases as per clause 10.5.1 (i) and (ii) above, can continue as arbitrator in the
tribunal even after his retirement.
b) Appointment of Arbitrator where applicability of Section 12(5) of Arbitration and

Conciliation Act has not been waived off:
i. In cases where the total value of all claims in question added together does not
exceed ₹ 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist of a
Retired Railway Officer, retired not below the rank of Senior Administrative
Grade Officer, as the arbitrator. For this purpose, the Railway will send a panel of
at least four (4) names of retired Railway Officer(s) empanelled to work as
Railway Arbitrator duly indicating their retirement dates to the Authority
Engineer within
57
60 days from the day when a written and valid demand for arbitration is received
by the General Manager. Authority Engineer will be asked to suggest to General
Manager at least 2 names out of the panel for appointment as arbitrator within 30
days from the date of dispatch of the request by Railway. The General Manager
shall appoint at least one out of them as the arbitrator.
ii. In cases where the total value of all claims in question added together exceed ₹
50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall consist of a Panel of
three (3) retired Railway Officer, retired not below the rank of Senior
Administrative Grade Officer, as the arbitrators. For this purpose, the Railway
will send a panel of at least four (4) names of retired Railway Officer(s)
empanelled to work as Railway Arbitrator duly indicating their retirement date to
the Authority Engineer within 60 days from the day when a written and valid
demand for arbitration is received by the General Manager. Authority Engineer
will be asked to suggest to General Manager at least 2 names out of the panel for
appointment as Authority Engineer ’s nominee within 30 days from the date of
dispatch of the request by Railway. The General Manager shall appoint at least
one out of them as the Authority Engineer ’s nominee and will, also
simultaneously appoint the balance number of arbitrators either from the panel or
from outside the panel, duly indicating the ‘Presiding Arbitrator’ from amongst
the 3 arbitrators so appointed. General Manager shall complete this exercise of
appointing the Arbitral Tribunal within 30 days from the receipt of the names of
Authority Engineer ’s nominees. While nominating the arbitrators, it will be
necessary to ensure that one of them has served in the Accounts Department.
c)
i. If one or more of the arbitrators appointed as above refuses to act as arbitrator,
withdraws from his office as arbitrator, or vacates his/their office/offices or is/are
unable or unwilling to perform his functions as arbitrator for any reason
whatsoever or dies or in the opinion of the General Manager fails to act without
undue delay, the General Manager shall appoint new arbitrator/arbitrators to act
in his/their place in the same manner in which the earlier arbitrator/arbitrators had
been appointed. Such re-constituted Tribunal may, at its discretion, proceed with
the reference from the stage at which it was left by the previous arbitrator(s).
ii.
The Arbitral Tribunal shall have power to call for such evidence by way of affidavits or
otherwise as the Arbitral Tribunal shall think proper, and it shall be the duty of the parties hereto
to do or cause to be done all such things as may be necessary to enable the Arbitral Tribunal to
make the award without any delay. The proceedings shall normally be conducted on the basis of
documents and written statements.
Before proceeding into the merits of any dispute, the Arbitral Tribunal shall first decide and pass
its orders over any plea submitted/objections raised by any party, if any, regarding appointment
of Arbitral Tribunal, validity of arbitration agreement, jurisdiction and scope of the Tribunal to
deal with the dispute(s) submitted to arbitration, applicability of time ‘limitation’ to any
58
dispute, any violation of agreed procedure regarding conduct of the arbitral

proceedings or plea for interim measures of protection and record its orders in
day to day proceedings. A copy of the proceedings duly signed by all the
members of tribunal should be provided to both the parties.
iii.
Qualification of Arbitrator (s):
o Serving Gazetted Railway Officers of not below JA Grade level.

o Retired Railway Officers not below SA Grade level, one year after his
date of retirement.
o Age of arbitrator at the time of appointment shall be below 70 years.
An arbitrator may be appointed notwithstanding the total number of arbitration cases in which
he has been appointed in the past.
While appointing arbitrator(s) under Sub-Clause above, due care shall be taken that he/they
is/are not the one/those who had an opportunity to deal with the matters to which the contract
relates or who in the course of his/their duties as Railway servant(s) expressed views on all or
any of the matters under dispute or differences. A certification to this effect shall be taken from
Arbitrators also. The proceedings of the Arbitral tribunal or the award made by such Tribunal
will, however, not be invalid merely for the reason that one or more arbitrator had, in the course
of his service, opportunity to deal with the matters to which the contract relates or who in the
course of his/their duties expressed views on all or any of the matters under dispute.
iv.
The arbitral award shall state item wise, the sum and reasons upon which it is based. The
analysis and reasons shall be detailed enough so that the award could be inferred there from.
A party may apply for corrections of any computational errors, any typographical or clerical
errors or any other error of similar nature occurring in the award of a Tribunal and interpretation
of a specific point of award to Tribunal within 60 days of receipt of the award
A party may apply to Tribunal within 60 days of receipt of award to make an additional award
as to claims presented in the arbitral proceedings but omitted from the arbitral award.
10.5.4. In case of the Tribunal, comprising of three members, any ruling on award shall be made by a
majority of members of Tribunal. In the absence of such a majority, the views of the
Presiding Arbitrator shall prevail.
10.5.5. Where the arbitral award is for the payment of money, no interest shall be payable on whole
or any part of the money for any period till the date on which the award is made.
59
10.5.6. The cost of arbitration shall be borne by the respective parties. The cost shall inter-alia
include fee of the arbitrator(s), as per the rates fixed by Railway Board from time to time and
the fee shall be borne equally by both the parties, provided parties sign an agreement in the
agreed format to these conditions after/ while referring these disputes to Arbitration. Further,
the fee payable to the arbitrator(s) would be governed by the instructions issued on the subject
by Railway Board from time to time irrespective of the fact whether the arbitrator(s) is/are
appointed by the Railway Administration or by the court of law unless specifically directed by
Hon’ble court otherwise on the matter.
10.5.7. Subject to the provisions of the aforesaid Arbitration and Conciliation Act 1996 and the rules
there under and relevant para of General Conditions of Contract (GCC) and any statutory
modifications thereof shall apply to the appointment of arbitrators and arbitration proceedings
under this Clause.
11. Status
Throughout the operation of this Agreement and upon termination the Authority Engineer
shall at all times have the status of a self-employed person and for the avoidance of doubt
neither the Authority Engineer nor the employees, agents or servants shall acquire the status
of employee of the Authority and shall not be entitled to any pension, bonus or other benefit
(other than the fee payable under this Agreement) from the Authority. The Authority
Engineer shall be and hereby undertake responsibility for all income tax liabilities or similar
taxes and levies in respect of its fees and the Authority Engineer hereby indemnifies the
Authority in respect of any claims that may be made by the relevant authorities against the
Authority in respect of income tax or similar contributions, taxes or levies relating to the
Authority Engineer’s services pursuant to this Agreement.
12. Set Off
Whenever under this contract any sum of money shall be either overpaid to the Authority
Engineer by Authority and therefore recoverable or is otherwise payable by the Authority
Engineer to Authority, then the amount due may be deducted by Authority from any sum then
due or which at any time thereafter becomes due to the Authority Engineer under this
contract. The exercise by Authority of its rights under this provision shall be without
prejudice to any other rights or remedies which are available to Authority at any time under
the contract or otherwise in law or in equity.
13. Notices
13.1. Any notices to be served by the parties under this contract shall (subject to any contrary
provision of this contract) are served by speed post or facsimile transmission and any notice:
13.1.1. To the Authority shall be sent to Deputy Chief Engineer(C) VI, South Western Railway,
Hubballi, Old GM office Building Club Road Keshawapur, Hubballi 580020 or to such
other person/address as may from time to time be notified to the Authority Engineer by
the Authority for the purposes of this paragraph; to the Authority Engineer, shall be
addressed to the Authority Engineer at the premises, or to such other person/address as
may from time to time be notified to the Authority by the Authority Engineer for the
purposes of this paragraph.
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13.1.2. If a notice is served by:
(i) Speed post, it shall be deemed served on the third working day after posting.
(ii) Facsimile transmission (FAX), it shall be deemed served on the day of its
transmission if transmitted prior to 6.00pm, or if it is transmitted after this time on the
day in question then it shall be deemed served on the next working day.
13.1.3. Either party may give notice to the other of change of address/ telefax nos. for Service of
Notices in accordance with the provisions of this Clause 13 and which shall come into effect
within seven days of receipt of such notice.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the substantive laws
of India.
15. Assignment
This Agreement is personal to the Authority Engineer and any right or obligation arising
under it may only be sub-contracted, assigned or otherwise transferred with the prior consent
in writing of the Authority, except to the extent mentioned elsewhere in this Agreement, more
specifically in the ‘Instructions to Bidders’ of the ‘RFP’.
16. Entire Agreement
This Agreement together with the Schedules and Annexures attached thereto, as mentioned,
constitutes the entire agreement of the parties in relation to its subject matter and supersedes
any other agreement understanding or representation whether written or oral between the
parties regarding it.
17. Severability
If any provision of this Agreement is held illegal or unenforceable by any court or other
authority of competent jurisdiction, such provision shall be deemed severable from the
remaining provisions of this Agreement and shall not affect or impair the validity or
enforceability of the remaining provision of this Agreement.
18. Authority Engineer’s work on the PMS to be the property of Authority:
18.1. All deliverables (including the basis for various worksheets in soft form/any software) shall
become the property of Authority and shall be used by Authority as deemed fit. Soft copies of
deliverables shall also be furnished as required by Authority. All reports, documents,
correspondence, draft publications, maps, drawings, notes, specifications, statistics, work
product in any form and technical data compiled or prepared by the AE and communicated to
the Authority in performing the Services (in electronic form or otherwise and including
computer-disks comprising data) shall be the sole and exclusive property of the Authority and
may be made available to the general public at its sole discretion. The AE may take copies of
61
such documents and data for purpose of use related to the Services under terms and conditions
acceptance to the Authority but shall not use the same for any purpose unrelated to the
Services without the prior written approval of the Authority.
18.2. All reports and other documents (collectively referred to as “PMS Documents”) prepared by
the Authority Engineer in performing the Services shall become and remain the property of
the Authority, and all intellectual property rights in such PMS Documents shall vest with the
Authority. Any PMS Document, of which the ownership or the intellectual property rights do
not vest with the Authority under law, shall automatically stand assigned to the Authority as
and when such PMS Document is created, and the Authority Engineer agrees to execute all
papers and to perform such other acts as the Authority may deem necessary to secure its
rights herein assigned by the AE.
18.3. The Authority Engineer shall, not later than termination or expiration of this Agreement,
deliver all PMS Documents to the Authority, together with a detailed inventory thereof. The
Authority Engineer may retain a copy of such PMS Documents. The Authority Engineer or its
personnel or a Third Party shall not use these PMS Documents for purposes unrelated to this
Agreement without the prior written approval of the Authority.
18.4. The Authority Engineer shall hold the Authority harmless and indemnified for any losses,
claims, damages, expenses (including all legal expenses), awards, penalties or injuries
(collectively referred to as “Claims”) which may arise from or due to any unauthorised use of
such PMS Documents, or due to any breach or failure on part of the AE or its personnel or a
Third Party to perform any of its duties or obligations in relation to securing the
aforementioned rights of the Authority.
19. Waiver
Any failure on the part of any party hereto to comply with any of its obligations, agreements
or conditions hereunder may be waived in writing by the other party to whom such
compliance is owed. In absence of such written waiver, no forbearance or other failure to
insist on prompt Compliance with any obligation, agreements or conditions hereunder shall be
deemed to constitute a waiver of the rights of the party to whom compliance is owed.
62
AS WITNESS the signatures on behalf of the parties hereto
Signed on behalf of the Authority
Authorized signatory
On this-------- day of 20--
Signed by the Authority Engineer ( )

On this---------- day of ------- 20–
In the presence of:
1. Witness name Address Occupation

Witness Signature
2. Witness name Address Occupation

Witness signature
63
ANNEXURES FOR AGREEMENT
Annexure-1 Terms of Reference
Annexure-2 Financial Bid
Annexure 3 Payment Schedule
Annexure-4 Performance Security
Annexure-5 Instruction to Bidder(s)
Bid and Bid Forms
Letter of Award
64
Schedule – 1: Form of
Agreement
Annexure -1
Terms of Reference (TOR)11
1. Background
The Authority has decided to execute the Project comprising of PROVIDING PROJECT
MANAGEMENT SERVICES FOR - Construction of New Broad Gauge Line Track Between
Sindhanur (excl.) (84820) and Mamdapur (Incl.) (158290) (73.47 km) Under Ginigera (GIN) -
Raichur (RC) New Line Project (165.57 Km) Including Signalling, Telecommunication &
Electrical Works .of Hubballi Division on South Western Railway through Engineering,
Procurement and Construction (EPC) mode. Accordingly, the EPC contract is proposed to be
awarded.
2. Objective with brief Scope of work
Authority intends to appoint Authority Engineer for Project Management Services (PMS)
which shall include supervision, monitoring, reporting, scheduling and other work as per the
objective outlined below:
2.1. Objective
The Terms of Reference (the “TOR”) for the Authority Engineer are being specified pursuant
to the proposed EPC Project for PROVIDING PROJECT MANAGEMENT SERVICES
FOR - Construction of New Broad Gauge Line Track Between Sindhanur (excl.) (84820)
and Mamdapur (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New
.of Hubballi Division on South Western Railway through Engineering, Procurement and
Construction (EPC) on mode and a copy of Draft EPC Agreement or Standard EPC
Agreement (which may be customized on project-to-project basis for selection of EPC
Contractor) (the “EPC Agreement”)for PROVIDING PROJECT MANAGEMENT
SERVICES FOR - Construction of New Broad Gauge Line Track Between Sindhanur
(excl.) (84820) and Mamdapur (Incl.) (158290) (73.47 km) Under Ginigera (GIN) -
Raichur (RC) New Line Project (165.57 Km) Including Signalling, Telecommunication &
Electrical Works .of Hubballi Division on South Western Railway through Engineering,
Procurement and Construction (EPC), which is annexed hereto and marked as Appendix-III
to form part of this TOR.]
11
The contents of the TOR may be suitably modified as per the requirements including deployment, site
inspection, supervision etc. of the Project and team of Key Personnel engaged for the Services.
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Agreement
The Authority Engineer shall perform the role of authority engineer including all duties,
functions and obligations as detailed in the EPC Agreement.
The objectives of PMS, are to assist the Authority in implementation of the above mentioned
Project, from the stage of verification/establishment of reference points/data provided by the
Authority and/or as mentioned in the EPC Agreement, to the stage of successful completion of
all the contemplated works of the Project through the Contractor employed for implementation
of the Project with the specified safety and security, testing and commissioning of the Project
and handing over the completed Project to the Authority or its authorized representative, duly
ensuring safety at work sites, safety of running trains, people, structures and properties
adjacent to work sites, by proper verification/deployment/suggestion of methods and means in
tune with contract conditions between the Authority and the Contractor duly following the
provisions, regulations, policies, procedures & guidelines, Ministry of Railway’s Rules,
Regulations, procedures, local laws, bye laws &rules and regulations, etc., within the specified
Project time schedule, with the appropriate suggestions and/or use, as applicable, to achieve
overall economy and functionality. This also includes the works like getting ‘as
built/completion’ drawings prepared by the Contractor, preparation of the required
applications and documents for obtaining the sanction of Commissioner of Railway Safety
and Government Electrical Inspector and getting such required sanctions, exercising
supervision on the execution of works, arranging for traffic blocks, where necessary, making
measurement of works done for arranging payments to the Contractor, effecting various
recoveries statutory or otherwise from the running bills of the concerned Contractor,
interaction and co-ordination with authorized representatives of Railway Administration, and
various governmental/other bodies/agencies involved.
In a nutshell the objectives of the PMS are to assist the Authority to implement the
Project in conformity with the EPC Agreement, Railways’ rules and regulations, and
codes Local laws, bye laws, regulations, rules etc.
2.2. Definitions and interpretation
(a) The words and expressions beginning with or in capital letters and not defined herein but
defined in the EPC Agreement shall have; unless repugnant to the context; the meaning
respectively assigned to them in the EPC Agreement.
(b) References to Articles; Clauses and Schedules in this TOR shall; except where the
context otherwise requires; be deemed to be references to the Articles; Clauses and
Schedules of the EPC Agreement; and references to Paragraphs shall be deemed to be
references to Paragraphs of this TOR.
(c) The rules of interpretation stated in the EPC Agreement shall apply; mutatis mutandis;
to this TOR.
3. General
3.1. The Authority Engineer shall discharge its duties in a fair; impartial and efficient manner;
consistent with the highest standards of professional integrity and Good Industry Practice.
3.2. The Authority Engineer shall perform the duties and exercise the authority in accordance with
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Agreement
the provisions of this Agreement; but subject to obtaining prior written approval of the
Authority before determining:
(a) any Time Extension;

(b) any additional cost to be paid by the Authority to the Contractor;
(c) the Termination Payment;
(d) providing Power Block or Traffic Block or necessary disconnections to the Contractor;
(e) approval of disconnections for modification of signaling and telecom works, or
(f) any other matter which is not specified in (a); (b), (c), (d) or (e) above and which creates
an obligation or liability on either Party for a sum exceeding Rs. [50,00,000] (Rs. [Fifty
Lakhs]).
3.3. The Authority Engineer shall submit regular periodic reports; at least once every month; to the
Authority in respect of its duties and functions under this Agreement. Such reports shall be
submitted by the Authority Engineer within 10 (ten) days of the beginning of every month. All
reports to be submitted by the AE shall be in English language. The Authority Engineer shall
discharge all the duties and functions as per the objective of the TOR at S.No. 2 above,
irrespective of the Key Personnel as deployed and listed in this RFP. For avoidance of doubt,
deployment of Authority Engineer’s Personnel does not absolve the Authority Engineer of its
responsibilities, duties and functions as needs to be undertaken in providing the PMS.
3.4. The Authority Engineer shall inform the Contractor of any delegation of its duties and
responsibilities to its suitably qualified and experienced personnel; provided; however, that it
shall not delegate the authority to refer any matter for the Authority’s prior approval in
accordance with the provisions of the EPC Agreement.
3.5. The Authority Engineer shall aid and advise the Authority on any proposal for Change
of Scope under the EPC Agreement.
3.6. In the event of any disagreement between the Authority and the Contractor regarding the
meaning; scope and nature of Good Industry Practice; as set forth in any provision of the EPC
Agreement; the Authority Engineer shall specify such meaning; scope and nature by issuing a
reasoned written statement relying on good industry practice and authentic literature.
3.7. The AE shall ensure that its personnel deployed are experienced in modern methods of
contract management and construction supervision, ensuring professional construction
supervision adhering to quality, target completion dates, compliance with the drawings,
technical specifications and various requirements of the EPC Agreement including
safety. The AE shall arrange to train its personnel who are deployed/to be deployed, from time
to time, as may be required, for providing efficient Services.
3.8. The AE shall strive to minimizing claims disputes and assist in resolving them. The works
requiring prior CRS sanction shall only be taken up after CRS sanction has been
obtained. The AE shall assist Authority/EPC Contractor in preparation of CRS
applications and the related follow-up work in Railways or other offices as directed by
the Authority.
3.9. The AE shall ensure optimal utilization of resources/contractual provisions with a view to
bring economy in execution. The AE shall also assist in implementation of various labour
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Agreement
rules, regulations and welfare measures as per the rules in force and laid down provisions in
the EPC Agreement.
4. Construction Period
4.1. Setting up of Project Management Office
The Authority Engineer will establish a Project Management Office (PMO) at Site led by the
Team Leader supported by AE personnel to perform the Services.12
4.2. Authority Shall provide Office space, however AE shall all furniture’s and work stations at its
own cost. The cost will not be included in the Financial Bid as reimbursable cost as per
Appendix-II. Authority will not provide stationary, computers, printers, copiers, LAN, and
Internet connection. All assets and facilities provided by the Authority shall remain vested
with the Authority at all time, and AE shall have no claim over it. The Contractor
implementing the Project shall give the Authority Engineer and its authorised personnel
access, facilities, and safety equipment for carrying out their obligations under this Agreement.
However, it is advised that Authority Engineer should go through the EPC Tender
Document with respect to this.
4.3. The Authority Engineer will be responsible for executing consistent, effective & transparent
strategy for implementation of the project. Within the first thirty days from the Effective Date
of the PMS, the Authority Engineer shall present a Project Implementation Plan (PIP). The PIP
shall establish Project Management Processes & tools shall address the following key areas:
(i) Team mobilization & Interfaces with Authority.
(ii) Communication Protocols - facilitation of communications contract management,

Procurement.
(iii) Project Management Information System (PMIS)
(iv) Establishment of Project Policies & Standards.
(v) Development of procurement strategy.
(vi) Establish a Project Delivery Plan including how the different stages of each project
component will be managed.
(vii) Health & Safety Plan.
(viii) Environmental Management Pan
(ix) Define Monitoring Tools & reporting systems to govern the progress of the project -
12
If the Project Site is spread far and requires, the clause may be replaced by “ The Authority Engineer will
establish a Project Management Office (PMO) at Site led by the Team Leader supported by AE personnel and
also establish other site offices for deployment of AE personnel as required or required under the EPC
Agreement to perform the Services for implementation of the Project.
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Agreement
alert set points, trend repots, hierarchy for escalation of issues & change management.
(x) Define Document Control System - Identify the various stakeholders, including but
not limited to, individual project component bidders and elements such as projects,
contracts & services, required to deliver the project together with their interface
relationships.
4.4. Development of Baseline Schedule & Budget:
4.4.1. The Authority Engineer shall prepare an integrated Baseline Schedule & Budget for the entire
Project. The Authority Engineer shall review the Program of the Contractors & Budget and
develop a program wide schedule based on the requirements of project components.
4.4.2. The Schedule of completion of the project components will be integrated with the EPC
Contractor's work program to ensure that necessary tie-ins between these components are
achieved in time. The overall project schedule will be developed and implemented considering
the interdependencies to endure that the project is completed in time.
4.5. Project Monitoring, Performance Monitoring and Reporting
The Authority Engineer shall establish a system to provide integrated processes & procedures
for the effective reporting on program schedule & cost baselines. This shall comprise of the
following:
(i) Schedule Management
The Authority Engineer shall develop a Work Break Down Structure (WBS) & develop &
maintain the master schedule. The Authority Engineer shall:
a) Maintain the Master Schedule at various levels of details for management reporting
b) Ensure that changes to baseline schedules only occur through adequate change
management process
c) Ensure that the Contractor include sufficient & meaningful deliverables &
milestones and communicate any proposed updates to the schedules.
d) Ensure that the Contractor schedules identify and communicate critical decision
points & other program obligations at all stages of the program
e) Monitor & report on the perceived viability of the Contractor schedule based on
realistic assessments of schedule risks, prepare alternatives to correct schedule
variances.
f) Identify the issues with Contractor's planning and scheduling processes.
g) Authority Engineer shall track, monitor and report program cost, schedule and
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Agreement
budget information
h) Authority Engineer shall conduct project Review Meetings with consultants,

vendors, Contractor. The Authority Engineer shall also participate in site
inspections and/or project review meetings convened by Authority and shall
follow up on agreed corrective/preventive actions as may be required.
i) The Authority Engineer shall prepare and submit daily, weekly, monthly and
quarterly progress reports to Authority within mutually agreed timeframe and
format.
j) As and when necessary, the Authority Engineer shall also assist Authority in
preparing its periodic Project status reports, presentations, reports. Reporting to
Authority- Develop daily, weekly, monthly, quarterly and yearly progress report
covering design and construction progress in all control aspects namely milestone
completion, cost, schedule, quality, safety and environment. Prepare graphical
presentations, prepare charts are required. The Authority Engineer shall highlight
important issues that require Authority's attention in the above reports. Report
schedule deviation and probable completion date based on current status, every
month. Report cost deviations and probable completion cost based on current
status, every month. In addition to the above the AE shall provide the following
reports in a format approved by the Authority.
● A daily report including significant events, if any, on the previous day. The
report shall be sent by e-mail or fax to the Authority's head office and the
Authority's representative at site. This report will also include any
event/happening which is likely to affect the progress, quality of work and
safety.
● A brief monthly progress report to be submitted within 7 days of the end of

each month. This report should include details on progress of checking of
designs/drawings/approval of drawings and specifications for construction,
deployment of technical and supervisory staff by the Contractor and progress
of construction work with reference to the targets. The report should also
include list of approval sought and given, measures aimed at course
corrections - their requirement & their implications and unresolved claims
their genesis, justifications and recommendations on the same.
k) A detailed Quarterly Report, to be submitted within 14 days of the end of each

quarter. Quarterly reports should include a description of project activities
illustrated by progress/completion photographs, status of any delays and detailed
plan to make up any shortfall or deficiency, status of contractual claims, and
details of all latest financial projections;
(ii) Cost Management
a) The Authority Engineer shall be responsible for cost management at each stage of
each individual project component. The baseline program budget shall include
cost relevant to overall project and each individual component and will be defined
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Agreement
by appropriate Cost Breakdown Structure (CBS).
b) The Authority Engineer shall review estimates & forecasts for the projects on
regular basis & as and when required by the Authority.
c) The Authority Engineer shall prepare, and update cash-flow estimate of capital
requirements for all project components.
d) For any design submission other than the EPC Agreement, the Authority Engineer
shall ensure that cost estimates are included in the design submission, reviewed by
the Authority Engineer& approved by the Authority, so that cash-flow statements
& project budgets can be updated.
e) The Authority Engineer shall ensure that the project components team &
associated Contractor provide the agreed view of schedule & cost.
4.6. Document Control
a) The Authority Engineer shall develop processes & procedures for collection, storage,
safe keeping, retrieval and dissemination of project related documents.
b) Authority Engineer shall create a document control and filing system to ensure efficient
tracking of documents concerning all project stakeholders.
c) The document control & filing system shall include compilation of project standards,
procedures, plan, specifications, contract documents, schedules, acceptance certificates,
transmittal letters, meeting minutes & reports, and any other information related to
project.
4.6.1 Authority Engineer shall promptly reply to Contractor communication and claim letters, help in
preparation of draft reply to Arbitrator if required & also help in preparation of reply to Audit etc.
4.7. Technical Audit & Quality Control
Authority Engineer shall establish a technical audit group, which shall ensure adherence
related to technical audit and quality control as per the provisions of the EPC Agreement and
shall include but not limited to the following activities. Verify contractors' adherence to
approved QA programs in accordance with procedures in contractors Quality Assurance
Manual.
4.7.1. Civil/Structural Works

Following duties broadly listed below are assigned in general but these are not limited to.
(i) Quality inspection and testing of various civil engineering material brought by the
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Agreement
contractors.
(ii) Witness testing at onsite laboratory.
(iii) Audit testing carried out at outside laboratory.
(iv) Review product batch certificates supplied with materials.
(v) Check concrete work including formwork, staging, reinforcement, placing inserts,
anchor bolts, curing, taking out cubes for testing and certifying the acceptability of
concrete work.
(vi) Ensure correctness of contractors work during layout and fixing of levels of all
structures and foundations, roads, drains, pipelines, walls, floors, roof etc.
(vii) Check layout, levels, dimensions etc.
(viii) Devise and witness, and record hydro tests for plumbing.
(ix) Take appropriate action, correction for failure of tests.
(x) Order and witness non-destructive and semi destructive tests such as rebound hammer,
USPV, and core tests if required.
(xi) Order and witness any special tests consistent with the requirement of the project.
(xii) Planning, monitoring and controlling of water supply system, drainage system,
sanitary system, storm water and effluent's system etc.
(xiii) Conduct or monitor contractors' program for welder certification.
4.7.2. Electrical
(i) Check completeness of earthing network, soundness of connections, continuity and

earth resistance. Completeness, soundness and continuity checks of lightening
protection installation.
(ii) Check correctness, completeness and quality control of controls, interlocks and power
connections.
(iii) Check correctness, completeness and quality control of controls, interlocks protection
and power circuits.
(iv) Check correctness of installation, completion of work, soundness of switchgear,

motors, transformers, cables, and supplying IR test of computerized index, di electric
withstand test, NV test as required by standards, codes, rules and regulations to
establish
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Agreement
soundness of charging.
(v) Check protection equipment gear and setting for pre-commissioning run by primary
run, secondary run as required.
(vi) Check operation of controls, interlocks, auto change over, etc. and establish correct
operations.
(vii) Check of dust and water protection and classification. Assist in statutory approvals.
(viii) Step by step energization after applying IR tests, etc. Check and test energization of
lighting circuits. Cleaning of switchgear internals and bracing up.
(ix) Check, test and energization of motors in decoupled condition and checking of
physical condition of motors, noise level, direction of rotation, identifying rubbing etc.
(x) Alignment of motors for coupling with machines.
(xi) Set protective equipment for ONLOAD running.
(xii) Inspect motors, transformer, switch gears etc. during running ONLOAD.
4.7.3. Instrumentation, Telephone, IT, BMS

(i) Review the design and drawings.

(ii) Coordinate with main agencies.
(iii) Commissioning
(iv) Certifying payments.
4.7.4. Pre-commissioning and Mechanical Completion

(i) Physical completion of any unit is the completion of all related work subjected to
removal of deficiencies arising out of plug listing of individual items.
(ii) Pre-commissioning means the physical testing of a physically completed unit

including pressure, leaks, motor rotation, P&I diagram conformity, control wiring and
field device action etc. system testing and dry running.
(iii) Authority Engineer shall coordinate all pre-commissioning activities and shall develop
a pre-commissioning procedures manual with adequate check list and schedules for
Authority's approval.
(iv) Authority Engineer shall also provide competent technical personnel at site to follow
up the pre-commissioning activities performed by the contractors and shall perform
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Agreement
inspection and witnessing of testing as appropriate.
4.7.5. Signaling & Telecom
(i) Check the correctness and feasibility of plans like Cable route plan, Cable core plan,
foundation plan, location box plan etc., as per site and as per work requirement.
(ii) Check that the interlocking plans like Signal Interlocking Plan, Selection/route control
table, circuit diagrams etc. as received from the Contractor are submitted to the
Authority with observations of the Authority Engineer and are approved by competent
authority as per extant rule/instructions of the MoR.
(iii) Check that all the material supplied is of good quality and duly inspected by
RDSO/RITES (wherever applicable) and check that material at site is stored/stacked
properly.
(iv)
a) Check and ensure that work of cable laying, location box and signal foundation,
location box and signal erection, location box and signal wiring etc. is done as
per approved drawing, as per the practices/instructions mentioned in EPC
Agreement and as per Railway Schedule of dimensions.
b) Check that laying of new turnouts is done properly, point machine is fixed and
wired.
c) Check that level crossing gate installed and wired properly as per OEM
instructions.
d) Meggering of all the cables is done before and after laying.
e) Testing of all outdoor signaling gears like signal, point track circuit, crank
handle etc. from Cable Termination Rock.
(v) Check that earthing arrangement is approved, earthing is carried out properly,
connectors of suitable diameter are used as per approved plan, connections are sound,
value of earth resistance is within permitted limit and lightening protection is installed
properly (if applicable).
(vi) Check that load calculation has been done properly, power supply plan has been
prepared and approved, power supply equipment are installed as per OEM, installation
manual and conductor of suitable diameter is used for power supply connection.
(vii) Check that batteries are charged properly with three rounds of charging-discharging
cycle.
(viii) All the indoor equipment are installed as per the approved floor plan, all the wiring in
relay room is done as per approved wiring diagram, soldering is done by temp.
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Agreement
controlled soldering iron.
(ix) Carry out 1 wire/2 wire and bell test of Relay room wiring.
(x) Check that all electronics equipment like Electronic Interlocking, IPS, Data logger,
UFSBI, Axle Counter etc. are installed by OEM engineer and prepare and sign pre-
commissioning check list with OEM Engineer.
(xi) Carry out selection table/control table testing.
(xii) Check that all work, which affect the existing signaling system of the station, is
carried out under proper disconnection/block
4.7.6. The Authority Engineer shall ensure that :

(i) All statutory obligations are complied with.
(ii) Ensure that all safety training, both general induction and trade specific, is given to all
site employees (at the expense of contractor).
(iii) Appropriate personal protective equipment regulations are developed and enforced.
(iv) Carry out regular safety meetings with all site contractors' employees.
(v) Safety inspections are carried out and reported.
(vi) Accident statistics are prepared and issued monthly and are displayed at site.
(vii) All lost time or serious accidents are reported to Authority within 8 hours.
(viii) Ensure that adequate first aid and medical facilities are provided and maintained at site
to handle routine medical examinations, illness and accidents.
(ix) Appropriate emergency services and procedures are in place at the site including
evacuation to the nearest hospitals.
(x) Entrance to site is controlled, monitored and recorded.
(xi) Appropriate security measures are enforced.
(xii) Minimum dust nuisance at site.
(xiii) Maintain noise levels at site as per state pollution control board/relevant authority
guidelines.
(xiv) Ensure safe execution of works and issue notices to the contractor promptly when they
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Agreement
fail to maintain EHS requirements as per Applicable Law.
(xv) Ensure compliance by the contractor to the notices issued.

(xvi) Ensure calibration of equipment and associated tools being used for testing by
Contractor
(xvii) Ensure sufficient testing facility is maintained by Contractor.
(xviii) Ensure that the requirements under shram kalyan are maintained for the Contractor as
well as itself as Authority Engineer in the website of Ministry of Railways, i.e.,
www.shramikkalyan.indianrailways.gov.inand as updated/substitute thereof time to
time as per Applicable Laws.
4.8. Project and contract management
(i) The Authority Engineer shall take charge of the Site and manage the design and
construction of the entire project to fulfil the project objectives.
(ii) Coordination and interface management of all activities on construction sites.
(iii) Interface/ Liaison with engineering consultant, contractors, vendors and Authority
(iv) Ensure safe construction work while maintaining high health, safety and
environmental standards. It shall also monitor of environmental mitigation measures.
Provide technical guidance to the contractor for implementation of the EMP and
preparation of checklists / formats / reports etc. Conduct regular monitoring of the
implementation of the EMP by the Contractor.
(v) Review provision of temporary facility such as labor camps, construction power,
construction water sources.
(vi) Construction planning and scheduling, progress monitoring and schedule control.
(vii) Contract cost monitoring, trending, forecasting and reporting. Authority Engineer shall
be responsible for the management of all the contracts as per the provisions given the
contracts between Authority and various consultants & contractors.
(viii) Quality assurance, inspections and technical audits.
4.9. Risk Management
Authority Engineer shall prepare a Risk Management Plan, as a part of PIP, and shall monitor
and manage Project risks. The risk management plan shall include appropriate methodology to
assist in early detection of risks, trend analysis and early warning system.
4.10. Scope and Change Management:
(i) The Authority Engineer shall effectively manage scope of project components and
manage change effectively.
(ii) The Authority Engineer shall establish a Change Management Plan and maintain a
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Agreement
change log for each project components. The Change Management Plan shall clearly
define procedures for review and recommend approval of changes to ensure that
changes in design, schedule, specifications, construction methods and costs are control
in accordance with contract documents and other program control procedures
prescribed by Authority.
(iii) Authority Engineer shall review and recommend approval of changes based on
assessment of impact on schedule, cost, quality and legal and financial implications.
4.11. During the Construction Period, the Authority Engineer shall review the Drawings furnished
by the Contractor along with supporting data; including the geo-technical and hydrological
investigations; characteristics of materials from borrow areas and quarry sites; topographical
surveys; and the recommendations of the Safety Consultant in accordance with the provisions
of the EPC Agreement. The Authority Engineer shall complete such review and send its
observations to the Authority and the Contractor within 15 (fifteen) days of receipt of such
Drawings. In particular, such comments shall specify the conformity or otherwise of such
Drawings with the Scope of the Project and Specifications and Standards.
4.12. The Authority Engineer shall review any revised Drawings sent to it by the Contractor and
furnish its comments within 10 (ten) days of receiving such Drawings; provided, however that
in case of[Structures, airspace development at railway stations including concourse and any
other specified item] the aforesaid period, the days may be extended as per the time limit as
indicated in the EPC Agreement. In particular, such comments shall specify the conformity or
otherwise of such Drawings with the Scope of the Project and Specifications and Standards
4.13. The Authority Engineer shall review the Quality Assurance Plan submitted by the Contractor
and shall convey its comments to the Contractor within a period of days as mentioned in the
EPC Agreement stating the modifications; if any; required thereto Drawings.
4.14. Design Review and Coordination:
Design reviews with respect to Authority's requirements and various applicable codes stated in
the EPC Agreement shall include but not limited to the following:
(i) Checking site details/ data, cluster layout, contour plan drawings, specifications
including associated works and construction drawing submitted by the Contractor.
(ii) Checking of architectural, civil, MEPF and allied drawings submitted by the Contractor.
(iii) Checking compliances with the Net Zero Energy Building Concept.
(iv) Checking compliances with the LEED, Green Building Rating system or IGBC with
the requisite certification as required under the EPC Agreement
(v) Organize progress review meetings with contractor/ designer for identifying
bottlenecks, and suggest corrective measures
(vi) Checking of design and engineering details submitted by the Contractor and issuance
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Agreement
of NOC
(vii) Follow up on structural design review, (to be conducted by Proof Consultant/Lead

designer, and to ensure that peer reviewers observations/ suggestions have been
incorporated).
(viii) Checking of test certificates along with test reports, routine and acceptance test of
major components.
(ix) Checking and acceptance of preliminary design drawings, definitive drawings and as -
built drawings submitted by the contractors.
(x) Checking, review and comments on the conformity of the drawings if any,
contemplated to be shared by the Authority to the Contractor, to the requirements of
the Project as per the EPC Agreement. The timeline for review and comments of such
drawings shared by the Authority to the AE, shall be as applicable for the drawings
submitted by the Contractor to the AE in terms of Clause 4.11 and Clause 4.12 of the
Terms of Reference.
4.15. The Authority Engineer shall complete the review of the methodology proposed to be adopted
by the Contractor for executing the Works; and convey its comments to the Contractor within
a period of 10 (ten) days or as mentioned in the EPC Agreement from the date of receipt of the
proposed methodology from the Contractor.
4.16. The Authority Engineer shall review the monthly progress report furnished by the Contractor
and send its comments thereon to the Authority and the Contractor within 7 (seven) days of
receipt of such report.
4.17. The Authority Engineer shall inspect the Construction Works and the Project and shall submit
a monthly Inspection Report bringing out the results of inspections and the remedial action
taken by the Contractor in respect of Defects or deficiencies. In particular, the Authority
Engineer shall include in its Inspection Report; the compliance of the recommendations made
by the Safety Consultant.
4.18. The Authority Engineer shall conduct the pre-construction review of manufacturer's test
reports and standard samples of manufactured Materials; and such other Materials as the
Authority Engineer may require.
4.19. The Authority Engineer shall ensure adequacy, stability and safety of all personnel and
construction works being executed by the Contractor during the construction, operation and
maintenance up to the end of the defects liability period, including ensuring the safety of the
running trains in the vicinity of the project site.
4.20. The AE shall ensure that the works to be carried out on running lines are coordinated, planned
meticulously and executed without exceeding the traffic and power block, ensuring that
Railway operations are not disturbed by duly coordination with authorized representatives of
Railway Administration, arrangement of power and traffic blocks shall also be the
responsibility of AE. AE shall also ensure safety of workers, Railway assets, Rolling stock and
Railway users.
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Agreement
4.21. AE shall conduct site visits to review progress in implementation, including physical
progress,environmental mitigation, Contractor performance, and adequacy of Contractor’s
supervision.
4.22. AE shall also assist/advise the Authority timely regarding handing over the site by
representatives of Railway Administration which they will hand over in stages, in the advance
actions required to be taken for the handing over of the site and to achieve the milestones for
completion of the Project milestones. AE shall also assist the Authority in co-ordination with
different agencies/relevant authorities and hold meetings for proper and timely implementation
of the Project, including removal of all obstacles and encumbrances from the project site,
including utility relocation and tree cutting, as required.
AE shall assist the Authority in the proper monitoring of progress of the works through
computer aided project management techniques like MS Project/Primavera or equivalent
software as per the provisions of the EPC Agreement or Good Industry Practice. Review
contractors’ micro planning on weekly basis and suggest improvements. Review contractors’
resource schedule to ensure that necessary resources are available to achieve schedule. Identity
critical activities and ensure their completion as per schedule. Review extension requests and
advise to Authority.
4.23. Evaluate Contractor's planning and sequence of construction operation. Evaluate Contractor's
construction methodology including design drawings, calculations, mockups and prototypes.
Approval of design mix and other test reports of site material, checking of reinforcement
details of civil work foundations, super structures and all structural works, ensuring quality of
workmanship, structural safety and durability of all components of works.
4.24. Coordinate construction and installation/erection of entire unit to maintain progress, quality
and correctness including safety and environment. Coordinate works of Contractor at Site and
render technical advice, identify all interfaces, and manage closeout of all interfaces. Certify
measurements of works and completion of work as per agreed milestones and verify
Contractor's bill as per agreed billing procedures in line with Stage Payment, Interim Payment
and Final Payment certificate prescribed in the EPC Agreement.
4.25. Organize, plan and manage construction program as a whole. Interpret and resolve contract
disputes/discrepancies in prior consultation with the Authority. Maintain records and Report
progress.
4.26. Review and approval of erection plan, ensuring of safety measures by Contractor during
erection. Checking and certifying protocol for erection, commissioning and completion
certificate.
4.27. Carry out pre-construction and post construction inspection of the activities. Review and
approval of operation and maintenance documents submitted after commissioning. Preparation
of list of incomplete jobs and defects, if any, to be attended by the Contract. Checking and
ascertaining that entire work is completed as per scope and preparation of related reports to be
signed by contractor and the agencies involved including approval and acceptance of
completion certificate.
4.28. Certify that work is carried out according to design drawings and specifications in stages and
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Agreement
on overall completion. Perform progressive take over and contract closeouts.
4.29. For determining that the Works conform to Specifications and Standards; the Authority
Engineer shall require the Contractor to carry out; or cause to be carried out; tests at such time
and frequency and in such manner as specified in the Agreement and in accordance with Good
Industry Practice for quality assurance. For purposes of this Paragraph, the tests specified in the
EPC Agreement shall be deemed to be tests conforming to Good Industry Practice for quality
assurance.
The Authority Engineer shall test check as prescribed in the EPC Agreement for each category
or type of test for quality control by the Contractor.
The timing of tests and the criteria for acceptance/ rejection of their results shall be determined
by the Authority’s Engineer in accordance with the Quality Control Manuals. The tests shall
be undertaken on a random sample basis and shall be in addition to; and independent of; the
tests that may be carried out by the Contractor for its own quality assurance in accordance with
Good Industry Practice.
4.30. In the event that results of any tests conducted under the provisions of the EPC Agreement
establish any Defects or deficiencies in the Works; the Authority Engineer shall require the
Contractor to carry out remedial measures.
4.31. The Authority Engineer may instruct the Contractor to execute any work which is urgently
required for the safety of the Project; whether because of an accident; unforeseeable event or
otherwise, provided that in case of any work required on account of a Force Majeure Event;
the provisions of the EPC Agreement shall apply.
4.32. In the event that the Contractor fails to achieve any of the Project Milestones; the Authority
Engineer shall undertake a review of the progress of construction and identify potential delays;
if any. If the Authority Engineer shall determine that completion of the Project is not feasible
within the time specified in the EPC Agreement; it shall require the Contractor to indicate
within the days as mentioned in the EPC Agreement, the steps proposed to be taken to
expedite progress; and the period within which the Project Completion Date shall be achieved.
Upon receipt of a report from the Contractor; the Authority Engineer shall review the same
and send its comments to the Authority and the Contractor forthwith.
4.33. The Authority Engineer shall obtain from the Contractor a copy of all the Contractor’s quality
control records and documents before the Completion Certificate is issued as per the EPC
Agreement.
4.34. Authority Engineer may recommend to the Authority suspension of the whole or part of the
Works if the work threatens the safety of the Users. After the Contractor has carried out
remedial measure; the Authority Engineer shall inspect such remedial measures forthwith and
make a report to the Authority recommending whether or not the suspension hereunder may be
revoked.
4.35. In the event that the Contractor carries out any remedial measures to secure the safety of
suspended works and Users; and requires the Authority Engineer to inspect such works; the
Authority Engineer shall inspect the suspended works within 3 (three) days of receiving such
notice; and make a report to the Authority forthwith; recommending whether or not such
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Agreement
suspension may be revoked by the Authority.
4.36. The Authority Engineer shall carry out; or cause to be carried out; all mandatory testing as per
the codal provision and instructions for civil works, MEPF works, P. way signaling & electrical
work and Environmental monitoring Plan are being conducted and records of such test be
preserved for future including all the Tests specified in the EPC Agreement and issue a
Completion Certificate or Provisional Certificate, as the case may be. For carrying out its
functions under this Paragraph and all matters incidental thereto; the Authority Engineer shall
act under and in accordance with the provisions of the EPC Agreement.
4.37. Commissioning and start up assistance
(i) Commissioning is defined as the testing/running of an individual unit with material.
(ii) Startup is defined as overall plant start up and operation with material.
(iii) Commissioning and start up can be separate for different packages.
(iv) Authority Engineer shall assist owner for commissioning and start up activities and
shall supervise the work for the project.
(v) Monitor the services provided by EPC Contractor.
(vi) Ensure that any rectification work is handled timely, expeditiously and according to
contractual obligation.
(vii) Performance test runs, and evaluation.
4.38. Final Documentation
(i) Authority Engineer shall compile a complete and indexed set of project documentation
files. The files shall include as built documentation and shall contain documents
delivered by sanctioning/approval, authorities, Authority, Consultant, and
vendors/contractors.
(ii) Authority Engineer shall apply the required expediting efforts that all documents are
delivered in accordance with the schedule. The documentation shall include, but not
limited to correspondences, purchase orders & contracts, as built drawings prepared by
contractors/vendors, specification & data sheets, reports & analyses/calculations,
manuals, test records & certificates, photographs, test samples and invoice records.
(iii) All documents shall be provided in hard and soft copy, with incoming hard copy
scanned unless otherwise agreed by the Authority.
4.39. Defects Liability Period
The Authority Engineer shall assist the Authority through inspection of the works at
appropriate intervals during the Defects Liability Period under the EPC Agreement as per the
approved
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Agreement
Deployment Schedule and/or as per the directions of the Authority. The services shall include:
(i) Inspection during Defects Liability Period.
(ii) Coordination, review, monitor and ensure that the Contractor shall replace/remedy the
defects occurring under normal usages of works by the Authority, except for normal
wear and tear under such usage during the defects liability period.
(iii) Monitoring of defects rectification by the Contractor during Defects Liability Period.
5. Determination of costs and time
5.1. The Authority Engineer shall determine the costs; and/or their reasonableness; that are
required to be determined by it under the EPC Agreement.
5.2. The Authority Engineer shall determine the period of Time Extension that is required to be
determined by it under the EPC Agreement.
5.3. The Authority Engineer shall consult the Authority and the Contractor in every case of
determination in accordance with the provisions of the EPC Agreement.
5.4. Cost Control
(i) Authority Engineer shall carefully administer project to ensure that the Project is
completed within budget.
(ii) Authority Engineer shall develop the necessary procedures to budget, record, control,
forecast and report on Project cost.
(iii) Review change order requests and advise/recommend Authority.
(iv) Carry out cost analysis for extra work.
(v) The control cost estimate shall be organized in accordance with the approved work
breakdown structure and project execution plan and shall be used to monitor cost
performance for the duration of the project. The control cost estimate shall be revised
only for approved project scope changes.
(vi) Identification of and assessment of any events that could have an impact on final costs.
(vii) Monitoring of continuous cost and schedule improvement activities of the Project.
(viii) Development and implementation of variation order control system for all contracts
and purchase orders, including the required procedures and instructions.
(ix) Development and implementation of a project change procedure to highlight, record

and obtain necessary approvals for any project change resulting in a change in
schedule, cost or design.
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Agreement
(x) Development and implementation of a project change procedure to highlight, record
and obtain necessary approval for any project scope change requiring control cost
estimate budget or project schedule adjustment.
6. Payments
6.1. The Authority Engineer shall withhold payments for the affected works for which the
Contractor fails to revise and resubmit the Drawings to the Authority Engineer in accordance
with the provisions of the EPC Agreement.
6.2. Authority Engineer shall:
(a) within 10 (ten) days of receipt of the Stage Payment Statement from the Contractor
pursuant to the EPC Agreement; determine the amount due to the Contractor and
recommend the release of 80 (eighty) percent of the amount so determined as part
payment; pending issue of the Interim Payment Certificate; and
(b) within 20 (twenty) days of the receipt of the Stage Payment Statement referred to in
the EPC Agreement; deliver to the Authority and the Contractor an Interim Payment
Certificate certifying the amount due and payable to the Contractor; after adjustments
in accordance with the provisions of the EPC Agreement.
7. Other duties and functions
The Authority Engineer shall perform all other duties and functions as specified in the EPC
Agreement.
8. Miscellaneous
8.1. A copy of all communications; comments; instructions; Drawings or Documents sent by the
Authority Engineer to the Contractor; and a copy of all the test results with comments of the
Authority Engineer thereon; shall be furnished by the Authority Engineer to the Authority
forthwith.
8.2. The Authority Engineer shall retain at least one copy each of all Drawings and Documents
received by it; including ‘as-built’ Drawings; and keep them in its safe custody.
8.3. Within 90 (ninety) days of the Project Completion Date; the Authority Engineer shall obtain a
complete set of as-built Drawings; in 2 (two) hard copies and in micro film form or in such
other medium as may be acceptable to the Authority; reflecting the Project as actually
designed; engineered and constructed; including an as-built survey illustrating the layout of the
Project and setback lines; if any; of the buildings and structures forming part of Project
Facilities; and shall hand them over to the Authority against receipt thereof.
8.4. The Authority Engineer; if called upon by the Authority or the Contractor or both; shall
mediate and assist the Parties in arriving at an amicable settlement of any Dispute between the
Parties.
8.5. The Authority Engineer shall inform the Authority and the Contractor of any event of
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Agreement
Contractor’s Default within one week of its occurrence.
9. Weekly & Monthly Meetings:
Review and progress weekly and monthly meetings to be held at site and Authority HQ. The
Project Manager and such other Manpower as deemed necessary by the Authority Engineer
shall participate in these meetings. Authority may require the Manpower deployed for the
project to visit the Authority’s office in [Ahmedabad / Headquarter], for further consultations.
In case Key Personnel is required to visit outstation (out of [Project Site, Division/Zonal
Railway Headquarter]), travel, boarding and lodging expenses will be reimbursed for the Key
Personnel [as per conditions mentioned in the Appendix-II Financial Bid].
10. Manpower Deployment:
10.1. The manpower listed below is indicative 12 required to be deployed by the Authority Engineer.
Loca Minimum required Educational qualifications and/or

SN Designation Nos
tion experience
1 Team Leader 1 Site Graduate Degree in Civil Engineering with minimum of 20
cum Project years’ experience in construction industry and well versed in
Manager13 MEPF work of public building.
OR
At least 3years’ experience in SAG or equivalent Grade and
above of Engineering department or of Railways and/or as
GM and above in civil engineering department in
RITES/IRCON/RVNL or equivalent grade in Konkan
Railway/MRVC/DFCCIL/any JVs or SPVs with Ministry of
Railways, any Metro Rail Corporation either individually or
combined.
2 Contract 1 Site Four year degree in a related field. At least Ten (10) years’
expert experience with competitive bidding processes, preparing a
variety of contract documents; writing, administering and
enforcing contracts and legal agreements. Managing records.
Any combination of experience and training that provides the
equivalent scope of knowledge, skill and technical ability to
properly perform the work as described. Worked in
Construction Project i.e. Railways /National Highways /
Express Highways.
OR
At least 3years‘experience in SAG or equivalent Grade and
GM and above in civil engineering department
inRITES/IRCON/RVNLorequivalentgradeinKonkanRailway/
MRVC/DFCCIL/any JVs or SPVs with Ministry of Railways
,any Metro Rail Corporation either individually or combined.
3 Lead 1 Site Graduate Degree in Civil Engineering and Masters’ Degree in
Designer Structural Engineering with minimum experience of 15 years in
13
Team Leader cum Project Manager and at least one of the Key Personnel in the list shall have experience of
handling project planning and monitoring using MS Project/Prima Vera or any other equivalent software for the
scheduling and monitoring purpose in addition to the qualification n and experience prescribed for the personnel.
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Agreement
SN Designation Nos
tion experience
design related to execution of structures preferably nearby
running track.
OR
At least 3 years design experience in JA or equivalent Grade
and above of Engineering department or of Railways and/or as
JGM and above in civil engineering department in
Railway/MRVC/DFCCIL/ any JVs or SPVs with Ministry of
combined.
4 Resident 1 Site Graduate Degree in Civil Engineering with minimum of 10
Engineer years’ experience in construction industry.
(Civil) OR
At least 5 years’ experience in JA or equivalent Grade and
JGM and above in civil engineering department in
Railway/MRVC/DFCCIL/ any JVs or SPVs with Ministry of
combined.
5 Site Engineer 5 Site Graduate Degree in [Civil] Engineering with minimum
[Civil] experience of 5 years or Diploma in [Civil] Engineering with
minimum experience 8 years in execution of [public building/
railway infrastructure projects]
OR
At least 3years‟ experience in SSE or equivalent Grade and
above of [Civil / Bridges] Engineering department OR of
Railways and/or as AM and above in [Civil / Bridges]
Engineering department in RITES/ IRCON/RVNL or
equivalent grade in Konkan Railway/MRVC/DFCCIL/ any
JVs or SPVs with Ministry of Railways, any Metro Rail
Corporation either individually or combined.
6 Site Engineer 2 Site Graduate Degree in [Civil] Engineering with minimum
[P.Way] experience of 5 years or Diploma in [Civil] Engineering
with minimum experience 8 years in execution of
[Construction of Railway Line Project/ Maintenance of
Railway Line Projects] OR
At least 3years’ experience in SSE or equivalent Grade and
above of [P. Way Works] Engineering department or of
Railways and/or as AM and above in [P. Way Works]
Engineering department in RITES/ IRCON/RVNL or
equivalent grade in Konkan Railway/MRVC/DFCCIL/ any
Corporation
either individually or combined.
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Agreement
7 Supervisor 2 Site Graduate Degree in [Civil] Engineering with minimum
(Quality experience of 5 years or Diploma in [Civil]Engineering with
Control) minimum experience 8 years in execution of [public
SN Designation Nos
tion experience
building/railway infrastructure projects]
OR
At least 2years’ experience in SSE or equivalent Grade and
above of [Civil] Engineering departmentof Railways and/or as
Supervisor and above in[Civil] Engineering department in
Railway/MRVC/DFCCIL/ any JVs or SPVs with
Ministry of Railways, any Metro Rail Corporation either
individually or combined.
8 Supervisor 1 Site Graduate Degree in [Civil] Engineering with minimum
(Railway experience of 5 years or Diploma in [Civil] Engineering
Operation with minimum experience 8 years in execution of [public
&Safety) building/ railway infrastructure projects]
OR
Atleast 2 year’s experience in SSE or equivalent Grade and
above of Operating department of Railways and/or as
Supervisor operations and above in Operating department in
Railway/MRVC/DFCCIL/ any
9 Computer 1 Site Similar experience as Computer operator or Stenographer for

Operator cum two years in an infrastructure project.
Stenographer
10 CAD- 2 Site Must have experience of working as draftsman/ CAD operator
Operator/Dra for at least three years in an infrastructure project.
ftsman
11 Estimator 2 Site Graduate Degree in [Civil] Engineering with minimum
experience of 5 years or Diploma in [Civil] Engineering with
minimum experience 8 years in execution of [public building/
railway infrastructure projects] and have worked as Estimator
/ Quantity Surveyor / Tendering Engineer.
OR
At least 3years‟ experience in SSE or equivalent Grade and
above of [Estimator / Quantity Surveyor / Tendering
Engineer] Engineering department OR of Railways and/or
as AM and above in [Estimator / Quantity Surveyor /
Tendering Engineer] Engineering department in RITES/
IRCON/RVNL or equivalent grade in Konkan
Railway/MRVC/DFCCIL/ any JVs or SPVs with Ministry
of Railways, any Metro Rail
86
Accountant
Agreement
12 1 Site B.com / M.com / MBA (Finance)/Inter CA/ICWS with
minimum experience of 8 years in execution of [public
building/ railway infrastructure projects/National Highways]
OR
SN Designation Nos
tion experience
At least 3years‟ experience in Sr.S.O.(A/cs) / S.O.(A/cs) or
equivalent Grade and above worked in account department of
Railways and/or as Sr.S.O.(A/cs)/ AFA and above in RITES/
IRCON / RVNL or equivalent grade in Konkan Railway/
MRVC/ DFCCIL/ any JVs or SPVs with Ministry of
combined.
10.2. Deployment schedule for each Key Personnel should be formulated and incorporated in the
Technical Bid. The actual deployment of AE personnel shall be as per the LoA issued in terms
of Clause 3.8.1andwhich will be reviewed and revised by the Authority, if required on monthly
basis for subsequent (3) three months with Authority for deployment purposes based on the
progress and project requirements (the, “Deployment Schedule”).
10.3. The AE may be required to deploy other personnel who are experts in their field also for the
project for specific needs. Their deployment shall be arranged by the AE on specific
requisition from the Authority and the payment shall be made as per the actual deployment.
Such specialist experts shall be paid at the rate of remuneration payable to such new AE’s
personnel based on the rates for other position which require similar qualifications and
experience with mutual consent. If required, Authority may require/agree for additional
deployment of similar personnel identified in the bid and in such cases payment to the AE
shall be based on the remuneration of such personnel in the Agreement.
11. Terms & Conditions of Payment and Deployment:
11.1. Payments to the Consultants shall be made as per the Payment Schedule (Annexure-3)
a) Remuneration for the Key Personnel shall be determined on the basis of the Deployment
Schedule and days actually spent as deployed by such Key Personnel in the performance
of the Services from Effective Date. Remuneration for periods of less than one month
shall be calculated on a calendar day basis for the period deployed for part of the month.
b) Notwithstanding anything to the contrary stated in the Agreement, it shall be mandatory

to deploy the Key Personnel as per the Man- Months Input specified in the Terms of
Reference unless specifically informed by the Authority for any changes in the
Deployment Schedule, through a notice of atleast 30(thirty) days in advance. Monthly
payments as per Clause (a) above will be subject to further deduction as per Clause (c)
below in case of Inadequate deployment of Key Personnel. . The Key Personnel shall be
considered to be inadequately deployed if he/she is not present for atleast80% (eighty
percent) of the days stipulated in that calendar month, as per the Man Months Input in the
Terms of Reference and the Deployment Schedule proposed by the Authority Engineer
and approved/modified by the Authority.
87
Agreement
c) The reduction or deduction of the amount @20% (twenty percent) of the monthly
payment due as the case may be shall be made against such Key Personnel mentioned in
S. No (b) above during the monthly billing. For the avoidance of doubt, the monthly
payment due as mentioned above for reduction/deduction against such Key Personnel
shall be considered as the payment due to the AE as per the Deployment Schedule for the
concerned month.
11.2. The deployment of manpower shall be as per terms and conditions given as under:
An attendance system for AE’s personnel shall be developed by the Authority Engineer and
approved by the Authority All AE’s personnel shall use such attendance system for marking
their daily attendance. A copy of monthly attendance records shall be attached with Monthly
Status Report. Proper justification shall be provided for cases of absence of Key Personnel
which do not have prior approval from the Authority.
(i) Man-months input for Key Personnel of the Authority Engineer:
The proposed manpower deployment for this period shall be matching the activities to
be performed during the said period of engagement of AE for PMS. The manpower
deployed should preferably reside in the vicinity of the site office. The proposed time
frame for Services during the deployment of Key Personnel during this period is
shown in Appendix-II, Financial Bid Form-1. Extension of time for providing PMS by
AE may be extended concurrently with the extension granted to EPC Contractor, if
any, to the EPC Contractor for the project, subject to satisfactory performance of the
AE.
It is understood that the remuneration rates shall cover such salaries and allowances as
the AE shall have agreed to pay to the Key Personnel as well as overheads, travelling
costs, IT equipment, stationary, communication etc.
Remuneration for periods of less than one month shall be calculated on a calendar-day
basis.
(ii) Substitution: The proposed Key Personnel as envisaged above, shall remain deployed
and available for the Project till the issuance of Completion Certificate and Defects
Liability Period respectively, for the Project. For any substitution, provisions as per
Clause 3.11 of the PMS Agreement shall be applicable.
88
Schedule– 1: Form of
Agreement
Annexure-2
Financial Bid
(Cost of Services)
(Refer Clause 2.7)
S.No Type of No.of Unit Man Total Amount in INR Amount after
Personnel Perso month Man deescalation
ns months
(I) Key Personnel
1 Team Leader 1 Man 24 24 66,02,192.88 52,81,754.00

cum project month
Manager
2 Lead Designer 1 Man 12 12 33,01,096.44 26,40,877.15

month
3 Manager/MEPF 1 Man 24 24 21,05,674.32 16,84,539.46

month
4 Resident 1 Man 24 24 44,85,909.48 35,88,727.58

Engineer (Civil) month
5 Resident 1 Man 24 12 22,42,954.74 17,94,363.79

Engineer month
(Bridges)
6 Resident 1 Man 24 72 1,34,57,728.43 1,07,66,182.74

Engineer (S&T month
and Elec)
3,21,95,556.28 2,57,56,445.02
II Other Professional Personnel
5 Site Engineer 15 Man 24 360 2,48,31,650.67 1,98,65,320.54

(Civil-Works) month
89
Agreement
6 Site Engineer 5 Man 24 120 82,77,216.89 66,21,773.51

(Civil-Bridges month

(Civil-P.way) month

(Electrical) month
9 Quality Control 5 Man 24 120 86,99,790.00 69,59,832.00

Expert month

(S&T) month
6,80,52,304.06 5,44,41,843.24
(C) Support Personnel
10 Computer 5 Man 24 120 40,61,125.20 32,48,900.16

Operator cum month
Stenographer
11 Draftsman/ 5 Man 24 120 53,68,069.13 42,94,455.30

Auto Cad month
operator
12 Estimator 5 Man 24 120 53,68,069.13 42,94,455.30

month
13 Accountant 5 Man 24 120 53,68,069.13 42,94,455.30

month
14 Site Helpers 20 Man 24 480 1,13,85,038.40 91,08,030.72

month
3,15,50,370.98 2,52,40,296.79
90
Agreement
13,17,98,231.32 10,54,38,585.05
Reimbursable costs:Amount(Rs)
15 Schedule of Payment for attending meetings (as per 403666 403666

form 4 of Appendix II)
Total estimated cost of project managment services inclduing 13,22,01,897.32 10,58,42,251.05

Manpower costs and Reimbursable cost
Financial Bid: At Par/Below Par/Above Par on Total Estimated Note: Bidder has to quote his rate At
Cost of Project Management Services (%) Par /Below Par / Above Par (%) in the
Finance Bid TAB of www.ireps.gov.in
1. The above rates are excluding of GST with current rate of 18% for manpower.
2. Reimbursable cost is including GST.
3. Bidder to quote one single unique% (percentage) at par, below par or above par
against the given value.
4. The financial evaluation shall be based on the above Financial Bid.
5. The above quote includes all costs incurred by Authority Engineer to provide PMS
to Authority.
6. All payments shall be made in Indian Rupees and shall be subject to applicable
Indian laws withholding taxes if any.
7. Remuneration rates as indicated above shall be increased in accordance with

provisions in Agreement. However, for evaluation of Financial Bid, the quoted
initial rate shall be multiplied by the total time input envisaged for each position on
this contract, i.e., without considering the increase in the remuneration rates.
91
Agreement
Annexure-3
Payment Schedule
(Refer Clause11 of
TOR)
1. Mode of Billing and Payment:
Billing and payments in respect of the Services shall be made as follows:
a) As soon as practicable and not later than fifteen (15days) after the end of each calendar
month during the period of the Services, the AE shall submit to the Authority,
induplicate, itemized statements, and other appropriate supporting materials, of the
amounts payable for such month.
b) The Authority shall cause the payment of the AE periodically as given in schedule of
payment above as per the actual deployment and along with any deduction/reduction in
terms of Clause 11.1within thirty (30) days after the receipt by the Authority of bills
with supporting documents. Only such portion of a monthly statement that is not
satisfactorily supported may be withheld from payment. Should any discrepancy be
found to exist between actual payment and payment payable to the AE, the Authority
may add or subtract the difference from any subsequent payments.
c) The payment for amounts against the Reimbursable Costs as per financial bid approved
for the reimbursement of expenses shall be limited to the amounts indicated in the
financial bid. Along with the monthly bills against the deployment as above, the AE
shall submit to the Authority, in original and a duplicate copy, itemized statements
accompanied by receipted GST invoices, vouchers and other appropriate supporting
materials of the amounts payable to the AE for such month.14
d) The final payment under the PMS shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the AE and approved as
satisfactory by the Authority. The PMS shall be deemed completed and finally accepted
by the Authority and the final report and final statement shall be deemed approved by
the Authority as satisfactory ninety (90) calendar days after receipt of the final report
and final statement by the Authority unless the Authority, within such ninety (90) day
period, gives written notice to the AE specifying in detail deficiencies in the PMS, the
final report or final statement. The AE shall there upon promptly make any necessary
corrections, and upon completion of such corrections, the foregoing process shall be
repeated. Any amount which the Authority has paid or caused to be paid in accordance
with this Clause in excess of the amounts actually payable in accordance with the
provisions of this Contract shall be reimbursed by the AE to the Authority within30
(thirty) days after receipt by the AE of notice thereof. Any such claim by the Authority
for reimbursement must be made within 12 (twelve) calendar months after receipt by
the Authority of a final report and a final statement approved by the Authority in
accordance with the above.
14
To be included only if the reimbursement of expenses is also envisaged against the estimate of costs in the
92
Financial Bid Agreement
93
Agreement
Annexure-4
Bank Guarantee for Performance Security
PROFORMA FOR BANK GUARANTEE FOR PERFORMANCE SECURITY
, Date of Issue:
[name and address of zonal railway],
Guarantee Reference:
Bank Guarantee for Performance Security
In consideration of Deputy Chief Engineer(C) VI, South Western Railway, Hubballi(the

Authority), having its principal office at Old GM office Building Club Road Keshawapur,
Hubballi 580020 [as mentioned in KIT](hereinafter referred as the Authority/Client, which
expression shall, unless repugnant to the context or meaning thereof include its successors,
administrators and permitted assigns) having awarded to M/s ………………. having its Office at
(hereinafter referred to as the Authority Engineer which expression shall be repugnant to the context
or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue
of clients Letter of Award No. Dated
and the same having been unequivocally accepted by the Authority Engineer, resulting in a
contract valued at Rs. (Rupees ) excluding GST for APPOINTMENT OF
AUTHORITY ENGINEER FOR PROVIDING PROJECT MANAGEMENT SERVICES FOR
- Construction of New Broad Gauge Line Track Between Sindhanur (excl.) (84820) and
Mamdapur (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New Line Project
(165.57 Km) Including Signalling, Telecommunication & Electrical Works .of Hubballi
Division on South Western Railway through Engineering, Procurement and Construction
(EPC) (hereinafter called the contract), and the Authority Engineer having agreed to furnish a Bank
Guarantee to the client as Performance Security as stipulated by the Client in the said contract for
performance of the above contract amounting to Rs. (Rupees
)
We, the , having its Registered Office at (herein after referred to as The Bank which expression shall,
unless repugnant to the context or meaning thereof, include all its successors, administrators,
executors and permitted assignees) do hereby Guarantee and undertake forthwith pay to the Client, in
full, without any deductions, set-off or counter claim whatsoever to pay the Client immediately on
First Demand any or, the sum claimed by the Client which shall not exceed Rs. /- (Rupees
) as aforesaid at any time upto without any demur, reservation,
contest, recourse or protest and / or without any reference to or enquiry from the Authority Engineer.
Any such demand made by the Client on the Bank shall be conclusive and binding notwithstanding
any difference between the Client and the Authority Engineer or any dispute pending before any
Court, Tribunal, Arbitrator or any other Authority, we agree that the Guarantee herein contained shall
be
94
Agreement
irrevocable and shall continue to be enforceable till the Client discharges this Guarantee or upto
, whichever is earlier.
The Client shall have the fullest liberty without affecting in any way the liability of the Bank under
this Guarantee, from time to time to vary or to extend the time for performance of the contract by the
Authority Engineer. The Client shall have the fullest liberty without affecting this Guarantee, to
postpone from time to time the exercise of any powers vested in them or of any right which they
might have against the Authority Engineer and to exercise the same at any time in any manner, and
either to enforce or to forbear to enforce any covenants, contained or implied, in the contract between
the Client and the Authority Engineer any other course or remedy or security available to the Client.
The Bank shall not be relieved of its obligations under these presents by any exercise by the Client of
its liberty with reference to the matters foresaid or any of them or by reason of any other Act or
forbearance or other acts of omission or commission on the part of the Client or any other indulgence
shown by the Client or by any other matter or thing whatsoever which under law would but for this
provision have the effect of relieving the Bank.
The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance without proceeding against the Authority Engineer and
notwithstanding any security of other guarantee that the client may have in relation to the Authority
Engineer’s liabilities.
The Client shall be entitled to make unlimited number of demands under this Bank Guarantee,
provided that the Aggregate of all sums paid shall not exceed the Guaranteed amount.
The Bank shall make the payment hereunder against the receipt of a demand without any proof for
document, notwithstanding any dispute by the Authority Engineer, and such a demand shall be a
conclusive evidence of the Banks liability to pay the Client.
The Bank Guarantee shall be continuing irrevocable obligation during its currency.
Any waivers, extensions of time or other forbearance given or variations required under the contract
or any invalidity, unenforceability or illegality of the whole or any part of the contract or rights, of
any party thereto, or amendment or other modification of the contract, or any other fact, circumstance,
provision of statue of Law which might, entitle the Bank to be released in whole or in part from its
undertaking, were its liability to be secondly and not primary, shall not in any way release the Bank
from its obligations under this Bank Guarantee.
Any demands, shall be deemed to have been duly served:
If delivered by hand, when left at the property address for service; and if given or made by pre-paid
Registered Post, when received, provided in any scenario the same is received by the Bank on or
before. This Bank Guarantee shall be governed by and construed in accordance with the Laws of the
republic of India and the parties to this Bank Guarantee hereby submit to the jurisdiction of the courts
of Ahmedabad for the purposes of setting any disputes or differences which may arise out of or in
connection with this Bank Guarantee, and for the purposes of enforcement under this Bank Guarantee.
95
Agreement
Notwithstanding anything contained herein.
A) Our liability under this Bank Guarantee is limited to Rs. (Rupees ) and it shall
remain in force up to and including date and may be extended from time to time for such period
as may be desired byM /s. , on whose behalf this Guarantee has been given.
B) This Bank Guarantee shall be valid upto .
C) We are liable to pay the Guaranteed amount or any part thereof under this Bank Guarantee only
and only if you serve upon us a Written Claim or demand on or before .
Place: Date:
For Bank
**********
96
Agreement
Annexure –5
Para 2.3 of the Instructions to Bidders
(Bid Security)
Bank Guarantee Bond from any scheduled commercial bank of India

(On non-judicial stamp paper, which should be in the name of the Executing Bank).
Name of the Bank: ----------
President of India, Acting through ,
Chief Engineer/Construction/ Hubballi, South Western Railway,
Beneficiary: Financial Advisor and Chief Accounts Officer, South Western Railway, Bengaluru.
Date:......................................................
Bank Guarantee Bond No.: Date:---------

In consideration of the President of India acting through Deputy Financial Advisor & Chief
Accounts Officer (Construction), Western Railway, 1St Floor, Nirman Bhavan, Near
Chamunda Birdge, Naroda Road, Ahmedabad – 382345 (hereinafter called “The Railway”)
having invited the bid for Appointment of Authority Engineer for PROVIDING
PROJECT MANAGEMENT SERVICES FOR - Construction of New Broad Gauge Line
Track Between Sindhanur (excl.) (84820) and Mamdapur (Incl.) (158290) (73.47 km) Under
Telecommunication & Electrical Works .of Hubballi Division on South Western Railway
through Engineering, Procurement and Construction (EPC) through Request for Proposal
(RFP) No. CAO/CN/BNC/25/2023 dated 09.06.2023, We have been informed that [Insert
name of the Bidder]............ (hereinafter called "the Bidder") intends to submit its bid
(hereinafter called "the Bid") .
WHEREAS, the Bidder is required to furnish Bid Security for the sum of [Insert required
Value of Bid Security], in the form of Bank Guarantee, according to conditions of Bid.
AND
WHEREAS, ............[Insert Name of the Bank], with its Branch ...............[Insert Address]
having its Headquarters office at........ [Insert Address], hereinafter called the Bank, acting
through [Insert Name and Designation of the authorised persons of the Bank],
have, at the request of the Bidder, agreed to give guarantee for Bid Security as hereinafter contained,
in favour of the Railway:
1. KNOW ALL MEN that by these present that I/We the undersigned [Insert name(s) of
authorized representatives of the Bank], being fully authorized to sign and incur
obligations for and on behalf of the Bank, confirm that the Bank, hereby, unconditionally
and irrevocably guarantee to pay to the Railway full amount in the sum of Rs 3,95,100.00
(Rupees Three Lakhs Ninety Five Thousand One Hundred only)as above stated.
2. The Bank undertakes to immediately pay on presentation of demand by the Railway any
amount up to and including aforementioned full amount without any demur, reservation
or recourse. Any such demand made by the Railway on the Bank shall be final,
conclusive and binding, absolute and unequivocal on the Bank notwithstanding any
disputes raised/
97
Agreement
pending before any Court, Tribunal, Arbitration or any Authority or any threatened
litigation by the Bidder or Bank.
3. The Bank shall pay the amount as demanded immediately on presentation of the demand
by Railway without any reference to the Bidder and without the Railway being required
to show grounds or give reasons for its demand of the amount so demanded.
4. The guarantee hereinbefore shall not be affected by any change in the constitution of the
Bank or in the constitution of the Bidder.
5. The Bank agrees that no change, addition, modifications to the terms of the Bid
document or to any documents, which have been or may be made between the Railway
and the Bidder, will in any way absolve the Bank from the liability under this guarantee;
and the Bank, hereby, waives any requirement for notice of any such change, addition or
modification made by Railway at any time.
6. This guarantee will remain valid and effective from…….…….[insert date of issue]till
………..[insert date, which should be minimum 90 days beyond the expiry of validity of
Bid]. Any demand in respect of this Guarantee should reach the Bank within the validity
period of Bid Security.
7. The Bank Guarantee is unconditional and irrevocable.
8. The expressions Bank and Railway herein before used shall include their respective
successors and assigns.
9. The Bank hereby undertakes not to revoke the guarantee during its currency, except with
the previous consent in writing of the Railway. This guarantee is subject to the Uniform
Rules for Demand Guarantees, ICC Publication No.758.
10. The Bank hereby confirms that it is on the SFMS (Structured Financial Messaging
System) and shall invariably send the advice of this Bank Guarantee to the following
bank details
98
Agreement
SBIN000RAIL
IFSC CODE
IFSC TYPE BRANCH
BANK NAME STATE BANK OF INDIA
BRANCH NAME RAIL
CITY NAME NAVI MUMBAI
ADDRESS SECTOR-11, CBD BELAPUR, NAVI

MUMBAI
DISTRICT NAVI MUMBAI
STATE MAHARASHTRA
BG ENABLED YES
11. The Guarantee shall be valid in addition to and without prejudice to any other security
Guarantee(s) of Bidder in favour of the Railway. The Bank, under this Guarantee, shall
be deemed as Principal Debtor of the Railway.
Date ………… ………………………………………

Place…………. Bank’s Seal and authorized signature(s)
[Name in Block letters]
………………....
[Designation with Code
No.]……………..……
[P/Attorney] No.
Witness:
99
Agreement
1 Signature, Name & Address & Seal

2 Signature, Name & address & Seal Bank’s
Seal
[P/Attorney]No.
Note: All italicized text is for guidance on how to prepare this bank guarantee and shall be
deleted from the final document.
100
.
APPENDICES
101
.
APPENDIX-I
Technical Bid Form – 1: Letter Comprising the Bid
(On Bidder’s letter head)
(To be submitted in as per Clause 3.4 (d) and as well as uploading as part of Technical Bid)
(Date and Reference)
To,
Deputy Chief Engineer (Construction)III,

2nd Floor, Nirman Bhavan, Western Railway,
Opp.: GCS Hospital, Near Chamunda Bridge,
Naroda Road, Ahmedabad – 382345(Gujarat State, India)
Sub: RFP for appointment of Authority Engineer for providing project management services
for- Construction of New Broad Gauge Line Track Between Sindhanur (excl.) (84820) and
Mamdapur (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New Line
Hubballi Division on South Western Railway through Engineering, Procurement and
Construction (EPC).
Ref.: RFP No.
Dear Sir,
1. With reference to your RFP Document dated I/We, having examined all relevant
documents and understood their contents, hereby submit our Bid for selection of Authority
Engineer for PROVIDING PROJECT MANAGEMENT SERVICES FOR - Construction
of New Broad Gauge Line Track Between Sindhanur (excl.) (84820) and MAMDAPUR
(Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New Line Project
(165.57 Km) Including Signalling, Telecommunication & Electrical Works of Hubballi
Division on South Western Railway through Engineering, Procurement and Construction
(EPC). The Bid is unconditional and unqualified.
2. All information provided in the Bid and in the Appendices is true and correct and all documents
accompanying such Bid are true copies of their respective originals.
3. This statement is made for the express purpose of engagement as the Authority Engineer for the
aforesaid Project.
4. I/We shall make available to the Authority any additional information it may deem necessary or
require for supplementing or authenticating the Bid.
102
.
5. I/We acknowledge the right of the Authority to reject our Bid without assigning any reason or
otherwise and hereby waive our right to challenge the same on any account whatsoever.
6. We certify that in the last five years, we have neither failed to perform on any contract, as
evidence by imposition of a penalty or a judicial pronouncement or arbitration award, nor been
expelled from any project or contract nor have had any contract terminated for breach on our
part.
7. I/We declare that:
(a) I/We have examined and have no reservations to the RFP Document, including any
Addendum issued by the Authority;
(b) I/We do not have any conflict of interest in accordance with Clause 2.8 of the RFP;
(c) I/We have not directly or indirectly or through an agent engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice in respect of any tender or request for proposal issued by or any agreement
entered into with the Authority or any other public sector enterprise or any Government,
Central or State; and
(d) I/We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
8. I/We understand that you may cancel the Selection Process at any time and that you are neither
bound to accept any Bid that you may receive nor to select the Bidder, without incurring any
liability to the Bidder(s).
9. I/We declare that we/any member of the consortium, are/is not a Member of a/any other
Consortium applying for Selection as an Authority Engineer.
10. I/We certify that in regard to matters other than security and integrity of the country, we have
not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory
authority which would cast a doubt on our ability to undertake the PMS for the Project or which
relates to a grave offence that outranges the moral sense of the community.
11. I/We further certify that in regard to matters relating to security and integrity or the country, we
have not been charge-sheeted by any agency of the Government or convicted by a Court of Law
for any offence committed by us or by any of our Associates.
12. I/We further certify that no investigation by a regulatory authority is pending either against us
or against our Associates or against our CEO or any of our Directors/Managers/employees.
13. I/We hereby irrevocably waive off right which we may have at any stage at law or whatsoever
otherwise arising to challenge or question any decision taken by the Authority and/ or the
Government of India in connection with the selection of the Bidder or in connection with the
Selection process itself in respect of the above-mentioned Project.
103
.
14. The Bid Security of Rs…………………….. (Rupees …………………………………..) has
been deposited in accordance with the RFP document.
15. I/We agree and understand that the Bid is subject to the provisions of the RFP document. In no
case, shall I/We have any claim or right to whatsoever nature if the PMS for the Project is not
awarded to me/us or our Bid is not opened.
16. I/We agree to keep this offer valid for [120] days from the tender submission date specified in
the RFP.
17. In the event of my/our being selected as the Bidder, I/We agree to enter into an Agreement in
accordance with the format Schedule of the RFP. We agree not to seek any changes in the
aforesaid Form and agree to abide by the same. We also confirm that the Team Leader is on our
payroll and all other Key Personnel if not on our payroll, shall be directly employed/engaged by
us before the commencement of Services in terms of this Agreement.
18. I/We have studied the RFP and all other documents carefully and also surveyed the Project site.
We understand that except to the extent as expressly set forth in the Agreement, we shall have
no claim, right or title arising out of any documents or information provided to us by Authority
or in respect of any matter arising out of or concerning or relating to the Selection Process
including the award of PMS.
19. I/We have read the clause regarding restriction on procurement from a bidder of a country
which shares a land border with India and certify that I/We am/are not from such a country or, if
from such a country, has been registered with the competent Authority. I/We hereby certify that
I/we fulfills all the requirements in this regard and am/are eligible to be considered (evidence of
valid registration by the competent authority is enclosed).
20. I / We understand that if at the time of evaluation of the Bid or during execution of the contract,
any declaration regarding local content, submitted thorough the relevant form as provided is
found to be false, the Bidder shall be banned from submission of bids in any works/ services
tender issued by Ministry of Railways for a period of upto5 years from the date of such banning
done along with such other actions as may be permitted by law.
21. I / We also undertake that the 'Local Content' added in the entire consultancy services will be
submitted along with the final bill. Declaration for 'Local content' in terms of 'Public
Procurement (Preference to Make in India) Order 2017', as amended, issued by Department of
Industrial Policy and Promotion under Ministry of Commerce and Industry. The offer
submitted meets the 'Local Content' requirement as prescribed under the KIT. The
percentage of local content is------
--% of the total contract Value.15
22. I/We agree and undertake to abide by all the terms and conditions of the RFP Document. In
witness thereof, I/We submit this Bid under and in the accordance with the terms of the RFP
Document.
15
Please retain, as applicable.
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Yours faithfully,
(Signature of the Authorized Signatory)
(Name and designation of the Authorized Signatory)
(Name and seal of the Bidder)
Encl: 1. Bid Security

2. Other Bid Forms
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APPENDIX-I
Technical Bid Form – 2: Particulars of the Bidder
(Refer Clause 2.13)
1.1 Title of PMS:
Appointment of Authority Engineer for PROVIDING PROJECT MANAGEMENT
SERVICES FOR - Construction of New Broad Gauge Line Track Between Sindhanur (excl.)
(84820) and MAMDAPUR (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur
(RC) New Line Project (165.57 Km) Including Signalling, Telecommunication & Electrical
Works of Hubballi Division on South Western Railway through Engineering, Procurement
and Construction (EPC)
1.2 Title of Project:

Appointment of Authority Engineer for PROVIDING PROJECT MANAGEMENT
SERVICES FOR - Construction of New Broad Gauge Line Track Between Sindhanur (excl.)
(84820) and MAMDAPUR (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur
(RC) New Line Project (165.57 Km) Including Signalling, Telecommunication & Electrical
Works of Hubballi Division on South Western Railway through Engineering, Procurement
and Construction (EPC)
1.3 State whether applying as Sole Firm or Lead Member of a consortium:

Sole Firm
or
Lead Member of a consortium Yes/No
1.4 State the following:
Name of Company or Firm:
Legal status (e.g., incorporated private company, unincorporated business, partnership etc.):
Country of incorporation:
Registered address:
Year of Incorporation:
Year of commencement of business:
Principal place of business:
Brief description of the Company including details of its main lines of business
Name, designation, address and phone numbers of authorised signatory of the Bidder:
Name:
Designation:
Company:
Address: Phone
Number:
E-Mail Address :
Fax Number:
1.5 If the Bidder is Lead Member of a consortium, state the following foreach of the other
Member
Firms:
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(i) Name of Firm:

(ii) Legal Status and country of incorporation
(iii) Registered address and principal place of business.
1.6 For the Bidder,(in case of a consortium, for each Member) state the following information:
i)In case of non-Indian company, does the company have business presence in India?
Yes/No
If so, provide the office address(es) in India.
ii) Has the Bidder or any of the Members in case of a consortium been penalized by any
organization for the poor quality of work or breach of contract in the last five years?
Yes/No
iii) Has the Bidder/Member ever failed, in last five years, to complete any work awarded to it
by any public authority/ entity in last five years?
Yes/No
iv) Has the Bidder or any member of the consortium been blacklisted by any Govt.
department/Public Sector Undertaking in the last five years and such blacklisting exist as
on Bid Due Date?
Yes/No
v)Has the Bidder, or any of the Members, in case of a consortium, suffered
bankruptcy/insolvency in the last five years?
Yes/No
Note: If answer to any of the questions at ii) to v) is yes, the Bidder is not eligible for this
PMS.
1.7 Does the Bidder’s firm/company (or any member of the consortium)combine functions as a
consultant or designer along with the functions as a contractor and/or a manufacturer?
Yes/No
If yes, does the Bidder(and other Member of the Bidder’s consortium)agree to limit the
Bidder’s role only to that of a consultant/ adviser to Authority and to disqualify themselves,
their Associates/ affiliates, subsidiaries and/or parent organization subsequently from work
on this Project in any other capacity?
Yes/No
1.8 Does the Bidder intend to borrow or hire temporarily, personnel from contractors,
manufacturers or suppliers for performance of the Consulting Services?
Yes/No
If yes, does the Bidder agree that it will only be acceptable as AE, if those contractors,
manufacturers and suppliers disqualify themselves from subsequent execution of work on
this Project (including tendering relating to any goods or services for any other part of the
Project) other than that of the AE?
Yes/No
If yes, have any undertakings been obtained (and annexed) from such contractors,
manufacturers, etc. that they agree to disqualify themselves from subsequent execution of
work on this Project and they agree to limit their role to that of consultant/ designer for
Authority only?
Yes/No
(Signature, name and designation of the authorised signatory)
For and on behalf of ………………..
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APPENDIX-I
Technical Bid Form – 3: Statement of Legal Capacity
(To be forwarded on the letterhead of the Bidder)
Ref. Date:
To,
…………………………
………………………..
Dear Sir,
Sub: RFP for Appointment of AE for providing project management services for Construction of
New Broad Gauge Line Track Between Sindhanur (excl.) (84820) and MAMDAPUR (Incl.)
(158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New Line Project (165.57 Km)
Including Signalling, Telecommunication & Electrical Works of Hubballi Division on
South Western Railway through Engineering, Procurement and Construction (EPC).
I/We hereby confirm that we, the Bidder (along with other members in case of consortium, the
constitution of which has been described in the Bid)*, satisfy the terms and conditions laid out in the
RFP process.
I/We have agreed that (insert individual’s name) will act as our Authorised
Representative on our behalf and has been duly authorized to submit our Bid. Further, the authorised
signatory is vested with requisite powers to furnish such letter and authenticate the same.
Yours faithfully,
(Signature, name and designation of the authorised signatory)

For and on behalf of ....................
*Please strike out whichever is not applicable
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APPENDIX-I
Technical Bid Form – 4: Power of Attorney for Signing of the Bid
(Refer Clause 2.5 &2.6.1)

(To be executed on stamp paper of appropriate value)
Know all men by these presents, we, ......................................... (name of Firm and address of the
registered office) do hereby constitute, nominate, appoint and authorize Mr /
Ms........................................ son/daughter/wife and presently residing at ,
who
is presently employed with us and holding the position of as our true and lawful attorney
(hereinafter referred to as the “Authorised Representative”) to do in our name and on our behalf, all
such acts, deeds and things as are necessary or required in connection with or incidental to submission
of our Bid for and selection as the Authority Engineer for Providing Project Management Services for
- Construction of New Broad Gauge Line Track Between Sindhanur (excl.) (84820) and
MAMDAPUR (Incl.) (158290) (73.47 km) Under Ginigera (GIN) - Raichur (RC) New
of Hubballi Division on South Western Railway through Engineering, Procurement
and Construction (EPC) including but not limited to signing and submission of all applications,
Bids and other documents and writings, participating in pre-bid and other conferences and providing
information/responses to Authority, representing us in all matters before Authority, signing and
execution of all contracts and undertakings consequent to acceptance of our Bid and generally dealing
with Authority in all matters in connection with or relating to or arising out of our Bid for the said
Project and/or upon award thereof to us till the entering into of the Agreement with Authority.
AND we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be
done by our said Authorised Representative pursuant to and in exercise of the powers conferred by
this Power of Attorney and that all acts, deeds and things done by our said Authorised Representative
in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE, .................... THE ABOVE-NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ................... DAY OF ...................., 20**
(Signature)
For .......................................
(Signature, name, designation
and address)of person
authorized by POA backed
by Board Resolution (in case
Witnesses: of Company)/partner
1. authorized by POA in case of
2. Partnership Firm etc.,
Notarized
Accepted
Accepted
……………………
(Signature)
(Name, Title and Address of the Attorney)
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.
Notarized
………………………..
Person identified by me/personally appeared before me*
(*Notary to specify as applicable)
(Signature name and address of the Notary)
Seal of the Notary
Registration No. of the Notay
Serial Number and date as per Register of Notary.
Notes:
........................................
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it is
so required the same should be under common seal affixed in accordance with the required
procedure.
 Wherever required The Bidder should submit for verification the extract of the charter documents
and other documents such as Power of Attorney backed by a Boards resolution/ or Power of
Attorney as applicable in favour of the person executing this Power of Attorney for signing of the
bid in favour of to the Authorized signatory for the delegation of power hereunder on behalf of the
Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be legalised
by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being
issued. However, Bidders from countries that have signed the Hague Legislation Convention 1961
need not get their Power of Attorney legalised by the Indian Embassy if it carries a conforming
Appostille certificate.
.
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APPENDIX-I
Technical Bid Form – 5: Power of Attorney

Format for Power of Attorney for Lead Member of {Consortium/Joint Venture}
Whereas the Deputy Chief Engineer(Construction)III, Western Railway, Ahmedabad (the

“Authority”) has invited Bids for appointment as Authority Engineer (AE) for PROVIDING
PROJECT MANAGEMENT SERVICES FOR - Construction of New Broad Gauge Line Track
Telecommunication & Electrical Works .of Hubballi Division on South Western Railway on
Engineering, Procurement and Construction (EPC) (the “Project Management Services” or
“PMS”).
Whereas, …………………….., …………………….., and …………………….. (collectively the

“{Consortium/Joint Venture}”) being Members of the { Consortium/Joint Venture} are interested in
Bidding for the PMS in accordance with the terms and conditions of the Request for Proposal (RFP)
and other Bid documents including agreement in respect of the PMS, and Whereas, it is necessary for
the Members of the {Consortium/Joint Venture} to designate one of them as the Lead Member with
all necessary power and authority to do for and on behalf of the{Consortium/Joint Venture}, all acts,
deeds and things as may be necessary in connection with the {Consortium’s/Joint Venture}Bid for the
PMS and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, …… having our registered office at ……., M/s having our registered office at …,M/s. …
having our registered office at ….., and ….. having our registered office at ,(hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute,
appoint and authorize M/s ……. having its registered office at ,being one of the Members of
the {Consortium/Joint Venture}, as the Lead Member and true and lawful attorney of the
Consortium/Joint Venture (hereinafter referred to as the “Attorney”). We hereby irrevocably authorize
the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the {
Consortium/Joint Venture} and any one of us during the Bidding process and, in the event the
{Consortium/Joint Venture} is awarded the contract, during the execution of the Project and in this
regard, to do on our behalf and on behalf of the {Consortium/Joint Venture}, all or any of such acts,
deeds or things as are necessary or required or incidental to the pre-qualification of the {
Consortium/Joint Venture} and submission of its Bid for the Project, including but not limited to
signing and submission of all applications, Bids and other documents, signing bank Guarantee for Bid
security and writings, participate in pre Bid and other conferences, respond to queries, submit
information/ documents, sign and execute contracts and undertakings consequent to acceptance of the
Bid of the { Consortium/Joint Venture} and generally to represent the { Consortium/Joint Venture} in
all its dealings with the Authority, and/ or any other Government Agency or any person, in all matters
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.
in connection with or relating to or arising out of the {Consortium/Joint Venture}Bid for the in all
respect PMS and/ or upon award thereof till the Agreement is entered into with the Authority.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things
done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by
this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the
powers hereby conferred shall and shall always be deemed to have
been done by us/ {Consortium/Joint Venture}.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…
For ……………………..
(Signature)
…………………..
(Name & Title)
For ……………………..
(Signature)
…………………..
(Name & Title)
For ……………………..
(Signature)
…………………..
(Name & Title)
(Executants)
(To be executed by all the Members of the {Consortium/Joint Venture})
Witnesses:
1.
2.
Notarised
Person identified by me / personally appeared before me*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)
Seal of the Notary

Registration No. of the Notary
Serial number and date as per Register of Notary
Notes:
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it is
so required, the same should be under common seal affixed in accordance with the required
procedure.
112
.
 Also, wherever required, The Bidder should submit for verification the extract of the charter
documents and other documents such as a Power of Attorney backed by board or shareholders’
resolution / or power of attorney as applicable in favour of the person executing this Power of
Attorney for the delegation of power to the Lead member hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney is
being issued .However, the Power of Attorney provided by Bidders from countries that have
signed Legislation Convention 1961 are not required to be legalized by the Indian Embassy if it
carries a conforming Appostille certificate
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
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APPENDIX-I
Technical Bid Form – 6: Format of Joint Bidding Agreement (in case of JV
/Consortium)

THIS JOINT BIDDING AGREEMENT is entered into on this the ...........day of ……..
AMONGST
1. [•], (a company incorporated under the Companies Act, 1956/2013 and having its registered
office at] (hereinafter referred to as the "First Part" which expression shall, unless repugnant
to the context include its successors and permitted assigns)
AND
2. [•], (a company incorporated under the Companies Act, 1956/2013 and having its registered
office at] (hereinafter referred to as the "Second Part" which expression shall, unless
repugnant to the context include its successors and permitted assigns)16
The above mentioned parties of the [FIRST AND SECOND] PART are collectively referred to as the
"Parties" and each is individually referred to as a "Party"
WHEREAS,
(A) Authority, (hereinafter referred to as the "Authority" which expression shall, unless
repugnant to the context or meaning thereof, include its administrators, successors and
assigns) has invited proposals (the “Bids") by its -Request for Proposal No Dy.CE(C)
III/ADI/PMS/01 dated
............(the "RFP") for appointment as Authority Engineer for PROVIDING PROJECT
MANAGEMENT SERVICES FOR - Construction of New Broad Gauge Line Track
Telecommunication & Electrical Works .of Hubballi Division on South Western
Railway through Engineering, Procurement and Construction (EPC) (the "Project
Management Services" or “PMS”).
(B) The Parties are interested in jointly bidding for the PMS as members of a Consortium and in
accordance with the terms and conditions of the RFP document and other bid documents in
respect of the PMS, and
(C) It is a necessary condition under the RFP document that the members of the Consortium shall
enter into a Joint Bidding Agreement and furnish a copy thereof with the Bid.
16
Please include all the Members of Consortium and in line with the maximum Consortium Members allowed
in the RFP
114
.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the
meaning ascribed thereto under the RFP.
2. Consortium
a. The Parties do hereby irrevocably constitute a consortium (the "Consortium") for the
purposes of jointly participating in the selection process for the Consultancy.
b. The Parties hereby undertake to participate in the Bidding process only through this
Consortium and not individually and/ or through any other consortium constituted for this
PMS, either directly or indirectly or through any of their Affiliates.
3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the selected
Bidder and awarded the PMS, the Parties shall enter into a contract for consultancy services
("Contract") with the Authority and for performing all obligations as the Authority Engineer for
PMS interms of the Contract for the PMS.
4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:
a. Party of the First Part shall be the Member in Charge of the Consortium and shall have the
power of attorney from all Parties for conducting all business for and on behalf of the
Consortium during the selection process for the PMS and until the Effective Date under the
Contract;
b. Party of the Second Part shall be [•].
5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the PMS and in accordance with the terms of the RFP and the Contract, for
the performance of the Contract.
6. Member in Charge or Lead Member

Without prejudice to the joint and several liabilities of all the Parties, each Party agrees that it
shall exercise all rights and remedies under the Contract through the Member in Charge I Lead
Member and the Authority shall be entitled to deal with such Member in Charge as the
representative of all Members.
Each Party agrees and acknowledges that:

a. any decision (including without limitation, any waiver or consent), action, omission,
communication or notice of the Member in Charge on any matters related to the Contract shall
be deemed to have been on its behalf and shall be binding on it. The Authority shall be
entitled to rely upon any such action, decision or communication from the Member in Charge;
b. consolidated invoices for the services in relation to the PMS performed by all the Members
shall be prepared and submitted by the Member in Charge and the Authority shall have the
right to release payments solely to the Member in Charge and the
c. Authority shall not in any manner be responsible or liable for the inter se allocation of
payments, works etc. among the Parties;
115
.
d. any notice, communication, information or documents to be provided to the Authority
Engineer shall be delivered to the authorized representative of the AE (as designated pursuant
to the Contract) and any such notice, communication, information or
documents shall be deemed to have been delivered to all the Parties.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
a. Such Party is duly organised, validly existing and in good standing under the laws of its
incorporation and has all requisite power and Authority to enter into this Agreement;
b. The execution, delivery and performance by such Party of this Agreement has been authorised
by all necessary and appropriate corporate or governmental action and a copy of the extract of
the charter documents and board resolution/ power of attorney in favour of
the person executing this Agreement for the delegation of power and Authority to execute
c. this Agreement on behalf of the Party is annexed to this Agreement, and will not, to the best
of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to it;
(iii)violate the memorandum and articles of association, by-laws or other applicable
organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other governmental authorisation,
approval, judgement, order or decree or any mortgage agreement, indenture or any other
instrument to which such Party is a party or by which such Party
or any of its properties or assets are bound or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests, charges
or Encumbrances or obligations to create a lien, charge, pledge, security interest,
encumbrances or mortgage in or on the property of such party except for encumbrances that
would not, individually or in the aggregate, have a material
adverse effect on the financial condition or prospects or business of such Party so as to
prevent such Party from fulfilling its obligations under this Agreement;
(a) this Agreement is the legal and binding obligation of such Party, enforceable in accordance
with its terms against it; and
(b) there is no litigation pending or, to the best of such Party's knowledge, threatened to which it
or any of its Affiliates is a party that presently affects or which would have a material adverse
effect on the financial condition or prospects or business of such Party
in the fulfilment of its obligations under this Agreement.
8. Authorised Representation
The parties agree that, who is employed with the member in charge, or his/her nominee shall be the
authorized representative of the consortium, to do on behalf of the Consortium, all such acts, deeds
and things as are necessary or required in connection with or incidental to submission of the
Consortium's proposal for and the PMS including but not limited to signing and submission of all
applications, proposals and other documents, participating in pre-bid and other conferences and
providing information/responses to the Authority, representing the consortium in all matters before
the Authority, signing and execution of all contracts and undertakings consequent to acceptance of
the Consortiums’ proposal and generally dealing with the Authority in all matters in connection
with or relating or arising out of the PMS.
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.
9. Termination
This Agreement shall be effective from the date hereof and shall continue in full force and effect
until the execution of the Contract, in case the PMS is awarded to the Consortium. However, in
case the Consortium is not selected for award of the PMS, the Agreement will stand terminated
upon intimation by the Authority that it has not been selected and upon return of the Bid Security
by the Authority.
10. Miscellaneous
a. This Joint Bidding Agreement shall be governed by laws of India.
b. The Parties acknowledge and accept that this Agreement shall not be amended by the Parties
without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED
THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED

For and on behalf of MEMBER IN CHARGE
(Signature)
(Name)
(Designation)
(Address)
SIGNED, SEALED AND DELIVERED SECOND PART by:
(Signature)
(Name)
(Designation)
(Address)
In the presence of:

1.
2.
Notes:
● The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
● Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution power of attorney in favour of the person executing this
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.
Agreement for the delegation of power and Authority to execute this Agreement on behalf of
the Consortium Member.
● For a Joint Bidding Agreement executed and issued overseas, the document shall be legalized
by the Indian Embassy and notarized in the jurisdiction where the Power of Attorney has been
executed.
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APPENDIX-I
Technical Bid Form – 7: Financial Capacity of the Bidder
(Refer Clause 3.1.2)
S. No. Financial Year Professional (Consultancy)fees

(Refer (ending on (Rs. in Crores)
Clause st
31 March)
….
1.
2.
3.
4. Total
Certificate from the Statutory Auditor$

This is to certify that ***** (name of the Bidder) had a Revenue from Professional Fees in
terms of the Clause 3.1.2 of the RFP is as shown above against the respective years.
Name of the audit firm:
Seal of the audit firm
Date:
(Signature, name and designation of the Authorized signatory)
$
In case the Bidder does not have a statutory auditor, it shall provide the certificate from the
independent chartered accountant/its chartered accountant that ordinarily audits the annual accounts of
the Bidder. The details of the Auditor/ Chartered Accountant along with contact details shall be
mentioned.
Note:
1. Please do not attach any printed Annual Financial Statement.

2. In case where books of accounts of the Bidder is maintained and audited on the basis of
Calendar Year. The equivalent year shall be as follows:
S.No. Financial Year (April to March) Financial Year (Jan to Dec)
1 2021-2022 2021
2 2020-2021 2020
3 2019-2020 2019
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APPENDIX-I
Technical Bid Form – 8: Particulars of Key
Personnel
(Refer Clause 3.2.2)
Present Employment No. of months

Length of
Designation of Key on Bidder pay
S. No. Name Educational Qualification Professional Employed
Personnel Name of Firm roll prior to
Experience (in years) Since
Bid Due Date
1. Team Leader cum
Project Manager
2. Project Architect
3. Lead Designer
4. Sr. Manager/MEPF
5. Manager/MEPF
6. Resident Engineer 1
9. Site Engineer
10. ************
#
Refer Form 9 of Appendix I Abstract of Eligible Assignments of Key Personnel
120
121
.
Technical Bid Form – 9: Proposed Methodology and Work Plan
The descriptive part of submission under this will be detailed precisely under the following topics.
1) Understanding of TOR [not more than two pages]

The Bidder shall clearly state its understanding of the TOR and also highlight its important
aspects. The Bidder may supplement various requirements of the TOR and also make precise
suggestions if it considers this would bring more clarity and assist in achieving the Objectives laid
down in the TOR.
2) Methodology and Work Plan [not more than three pages]

The Bidder will submit its methodology for carrying out this PMS, outlining its approach toward
achieving the Objectives laid down in the TOR. The Bidder will submit a brief write up on its
proposed team and organisation of personnel explaining how different areas of expertise needed
for this PMS have been fully covered by its proposal. In case the Bidder is a consortium, it should
specify how the expertise of each firm is proposed to be utilised for this assignment. The Bidder
should specify the sequence and locations of important activities along with use of appropriate IT
applications for flow of information/progress, redressal mechanism/conflict management and
provide a quality assurance plan for carrying out the PMS.
3) A complete flow chart of activities shall be attached together with time schedule &manpower
deployment to meet the objective of PMS in A3 sheet.
Guidelines for Presentation:
1) Presentation shall be approximately [15 minutes]. The Presentation is not required to be submitted
as part of the Bid, however the [4] hard copies of the presentation in A4 size in color shall be
submitted at the time of presentation.
2) Indicative content of the presentation but not limited to any or all of the following points;
a. One section of the presentation shall be about the Bidder and Key Personnel proposed
to be deployed
b. One section of presentation on Proposed methodology and Work Plan, document
control, quality monitoring mechanism
c. One section of the presentation should include Key Performance Indicators to
monitor the work of the Professionals to be deployed by the AE.
d. One section of the presentation should list out major areas of concerns each for
authority default and contractor default and their proposed methodology/monitoring
mechanism to mitigate these delays/disputes in advance.
e. One section on complete flow chart of activities for undertaking the Services.
f. [****]
Note: Marks will be deducted for writing lengthy and out of context responses.
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APPENDIX-I
Technical Bid Form – 10: Abstract of Eligible Assignment of the Bidder#
(Refer Clause Error! Reference source not found.)

S.No. Name of Name of Type of Estimated Payment / Month and Type of
Project Client Client (ie., Capital Cost Fee## received Yr. of Project (Refer
Assignment Govt Dept of Project by the Bidder completion/ Clause 3.1.3)
/ PSU / Agreement (in Rs) for the ongoing of Nature of
PLC value of project Assignment assignment
{Please see Assignment Assignment for (% {Refer Clause
Clause (in Rs) Column (5) completion)1 3.1.3(b i ii, iii)}
3.1.3(a)}
(1) (2) (3) (4) (4) (5) (5) (6) (6) (7) (7) (8)
1
2
3
4
5
6
7
# The Bidder should provide details of only those projectsAssignments that have been undertaken by it
under its own name. In case a Bidder desires to claim its JV/Consortium experience please refer to clause
3.1.4 of the RFP
## Exchange rate should be taken as per clause 3.1.4 of the RFP
* The names and chronology of Eligible Assignments included here should conform to the project-wise
details submitted inTechnical bid Form-1013of Appendix-I.
Certificate from the Statutory Auditor$

This is to certify that the information contained in Column 6and 7 above is correct as per the accounts of the
Bidder and/ or the clients including foreign assignments confirming to Clause 3.1.4.
Name of the audit firm:
Seal of the audit firm
UDIN No.:
Date:
(Signature, name and designation of the authorized signatory)
$
In case the Bidder does not have a statutory auditor, it shall provide the certificate from independent
chartered accountant/its chartered accountant that ordinarily audits the annual accounts of the Bidder. The
details of the Auditor/ Chartered Accountant along with contact details shall be mentioned.
Note: The Bidder may attach separate sheets to provide brief particulars of other relevant experience of
the Bidder.
1
Please refer to the provision related to substantially completed. Bidders are requested to submit documentary proof
of substantially completed through Client Certificate/Statutory Auditor Certificate
123
.
17
Please refer to the provision related to substantially completed. Bidders are requested to submit documentary
proof of substantially completed through Client Certificate/Statutory Auditor Certificate
124
.
.APPENDIX-I
Technical Bid Form – 11: Abstract of Eligible Assignments of Key Personnel
(Refer Clause 3.2.2&3.1.3)

Name of Key Personnel: Designation:
S.N Name Name of Type of Client Agreement Payment / Fee## Name of firm Designation of Date of Man Estim Nature of
o. of Client (ie., Govt Dept / value of Received by the for which the the Key completion of days ated assignme
Projec PSU / PLC Assignment Bidder (in Rs) Key Personnel Personnel on project Month spent capital nt {Refer
t {Please see (in Rs.) for the project worked the project and Yr. of cost Clause
Assign Clause 3.1.3(a)} Assignment for Assignment completion / on 3.1.3(b i,
ment Column (5) going of ii, iii)}
Assignment (%
completion)
(1) (2) (3) (4) (5) (4)(6) (5)(7) (6)(8) (7)(9) (8) (9) (11)
(10)
1
2
3
##
Exchange rate should be taken as per Clause 3.1.4 of the RFP
Note:
1. It is certified that the aforesaid information is true and correct to the best of my knowledge and belief.
2. I understand that any willful misstatement described herein may lead to my disqualification or dismissal at any stage including after issue of LOA or
entering into the agreement or after its execution and during the period of defect liability as the case maybe.
3. The Bidder may attach separate sheets to provide brief particulars of other relevant experience of the Key Personnel.
(Signature of Key Personnel)
Full name)
(Signature and name of the authorised signatory of the Bidder)
125
.
APPENDIX-I
Technical Bid Form – 12: Curriculum Vitae (CV) for Proposed
Key Personnel
1. Proposed Position:
[For each position of key professional separate Technical Bid Form-12 will be prepared]:
2. Name of Firm:
[Insert name of firm proposing the staff]:
3. Name of Staff:
[Insert full name]:
4. Date of Birth:
5. Nationality:
6. Education:
[Indicate college/university and other specialized education of staff member, giving
names of institutions, degrees obtained, and dates of obtainment]:
7. Membership of Professional Associations:
8. Other Training:
9. * Experience of handling project planning and monitoring:

(Specify MS Project / Primavera / Any other equivalent software as applicable)
10.
11. Languages [For each language indicate proficiency: good, fair, or poor in speaking,
reading, and writing]:
12. Employment Record:

[Starting with present position, list in reverse order every employment held by staff
member since graduation, giving for each employment (see format here below): dates of
employment, name of employing organization, positions held.]:
From[Year]: To Year]: Employer: Positions held:
13. Detailed Tasks Assigned

[List all tasks to be performed under this Assignment/job]
h
14. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned
[Among the Eligible Assignment/ jobs in which the staff has been involved, indicate the
following information for those Eligible Assignment/jobs that best illustrate staff capability
to handle the tasks listed under point 12.]
126
.
Name of Assignment/job or project:
Year (Start / Completion):

Location:
Employer:
Main project features:
Positions held:
Activities performed:
Cost of Assignment / job or Project
15. Certification:
(i) I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly
describes myself, my qualifications, and my experience. I understand that any willful
misstatement described herein may lead to my disqualification or dismissal, if engaged.
(ii) I further undertake that my CV is being proposed for this project by (the Bidder)
and I have not given consent to any other consultant(s) to propose my CV for any position
for this project.
(iii)I undertake that I have no objection in uploading/hosting of my credentials by Authority in

public domain.
(iv) I am willing to undertake the assignment and ensure my availability for the duration of the
assignment.
(v) I have no history of involvement in Vigilance/CBI/Police Case, resulting in major penalty

punishment of removal/dismissal/compulsory retirement or conviction.
(vi) I have never been debarred from providing consultancy services by any government
authority /PSU Or I was debarred from providing consultancy services by …….. for years
from ../../.. to ../../.. and period of debarment is now over.
(vii) I have been deployed for minimum […….. days on the Eligible Assignments claimed
by me for the purposes of the evaluation under this RFP.
Date: Place:
[Signature of Key
Personnel]
[Full name]
(Signature and name of
the authorised signatory of
the Bidder)
* For Team Leader and any one of key personnel only
Note: Please see
experience requirement
for each Key Personnel
under Terms of Reference
in Annexure I Clause 10
related to Man Power
Deployment
127
Technical Bid Form – 13: Eligible Assignments of Bidder
(Refer Clause Error! Reference source not found.3 3.1.3)
1 Name of Bidder:
2 Name of the Project Assignment:
Type of Project (Refer Clause 3.1.3)
3 Description of services performed by the Bidder firm:
a) PMC / PMS
b) Technical Consultancy and /or Supervision
c) Development and / or Construction
d) Type of Assignment (Refer Clause 3.1.3 (b) i, ii, iii)
4 a) Name of client and Address:
(Indicate whether public or private entity)
b)Govt Dept / PSU/PLC * {refer Clause 3.1.3(a)}
5 Estimated capital cost Original Agreement Value of
Assignment (in Rs Cr.):
6 Payment / Fee received by the Bidder (in Rs. Cr.):
7 Start date and finish date of the services (month/ year):
8 Brief description of the project Assignment:
*-In case of PLC the details sought in Clause 3.1.3(a) shall be furnished.
Notes:
1) Use separate sheet for each Eligible Assignment.
2) The Bidder may attach separate sheets to provide brief particulars of other relevant experience of the Bidder.
3) Exchange rate should be taken as per clause 3.1.4 of the RFP
4) In case of Foreign assignments – refer Clause 3.1.4 Note (iii)
128
Technical Bid Form – 14: Eligible Assignment of Key Personnel
129
(Refer Clause Error! Reference source not found.)
1 Name of Key Personnel:

2 Designation of Key Personnel:
3 Name of the Project Assignment:
4 Name of Firm where employed:
5 Description of services performed by the Key
Personnel (including designation):
a)PMC/PMS
b)Technical Consultancy and / or Supervision
c)Development and / or Construction
d)Type of Assignment (Refer Clause 3.1.3(b) i, ii,iii.
e)Designation
Type of Project As per Cl. 3.1.3)
6 a)Name of client and Address:
(indicate whether public or private)
b)Govt Dept / PSU / PLC * {Refer Clause 3.1.3(a)}
7 Estimated capital CostOriginal Agreement value of
Assignment (in Rs Cr)
8 Professional Fee / Payment received for the above
(in Rs cr.)
9 Start date and finish date of the services (month/
year)
10 No. of days spent on the project Assignment:
11 Brief description of the project Assignment:
It is certified that the aforesaid information is true and correct to the best of my knowledge and belief.
I understand that any willful misstatement described herein may lead to my disqualification or dismissal at any
stage including after issue of LOA or entering into the agreement or after its execution and during the period
of defect liability as the case maybe.
(Signature and name of Key Personnel)
(Signature and name of the

Authorized signatory of the Bidder)
130
*-In case of PLC the details sought in para 3.1.3(a) shall be furnished.
Notes:
1) Use separate sheet for each Eligible Assignment.
2) The Bidder may attach separate sheets to provide brief particulars of other relevant experience of the Key Personnel.
3) Exchange rate should be taken as per clause 3.1.4 of the RFP.
4) In case of Foreign assignments – Please refer Clause 3.1.4 Note (iii)
.
131
APPENDIX-I
Technical Bid Form – 15: Deployment of Key

Personnel
(As per Appendix-II, Financial Bid Form-1)
132
Schedule– 1: Form
APPENDIX-I
Technical Bid Form – 16: Affidavit
(To be by uploaded as part of Technical Bid)
(To be executed in presence of Public notary on non-judicial stamp paper of the value of [Rs.100/-]. The
stamp paper has to be in the name of the Bidder)**.
I (Name and designation)** appointed as the attorney/authorized signatory of
the Bidder (including its constituents), M/s. (herein after called the
Bidder) for the purpose of the Bidding documents for the work of
as per the RFP No. …………………………… of South Western Railway), do hereby solemnly
affirm and state on the behalf of the Bidder including its constituents/Associates as under :
1. I/We the Bidder(s), am/are signing this document after carefully reading the contents.
2. I/We the Bidder(s) also accept all the conditions of the tender and have signed all the pages in
confirmation thereof.
3. I/We hereby declare that I/We have downloaded the Bidding documents from the E-Procurement
Portal [www.ireps.gov.in]. I/we have verified the content of the document from the website and
there is no addition, no deletion or no alteration to the content of the Bidding document. In case of
any discrepancy noticed at any stage i.e., evaluation of bids, execution of work or final payment
of the contract, the master copy available with the Authority shall be final and binding upon
me/us.
4. I/We declare and certify that I/We have not made any misleading or false representation in the
forms, statements and attachments in proof of the qualification requirements.
5. I/We also understand that my/our offer will be evaluated based on the documents/credentials
submitted along with the offer and same shall be binding upon me/us.
6. I/We declare that the information and documents submitted along with the bid by me/us are
correct and I/We are fully responsible for the correctness of the information and documents
submitted by us.
7. I/we certify that I/we the tenderer(s) is/are not blacklisted or debarred by Railways or any other
Ministry / Department of Govt. of India from participation in tender on the date of submission of
bids, either in individual capacity or as a HUF/ member of the partnership
firm/LLP/JV/Society/Trust.
8. I/We undersigned that if the certificates regarding eligibility criteria submitted by us are found to
be forged/false or incorrect at any time during process for evaluation of bids, it shall lead to
forfeiture of the Bid Security besides banning of business for a period upto 5 (five) years. Further,
I/We (insert name of the Bidder)** my/our Bid and all my/our constituents understand
shall be summarily rejected. that
133
Schedule– 1:
Form of
9. I/We also understand that if the certificates submitted by us are found to be false/forged or
incorrect at any time after the award of the contract, it will lead to termination of the contract,
along with forfeiture of Bid Security/ and Performance Security besides any other action provided
in the contract including banning of business for a period upto 5 (five) years on entire Indian
Railways.
10. We have read the clause regarding restriction on procurement from a bidder of a country which shares a
land border with India and certify that we are not from such a country or, If from such a country, have been
registered with the Competent Authority. We hereby certify that we fulfill all the requirements in this regard and
are eligible to be considered (evidence of valid registration by the Competent Authority is enclosed).
DEPONENT
SEAL AND SIGNATURE OF THE BIDDER
VERIFICATION
I/We above named Bidder do hereby solemnly affirm and verify that the contents of my/our above
affidavit are true and correct. Nothing has been concealed and no part of it is false.
DEPONENT
SEAL AND SIGNATURE OF THE BIDDER
Place:
Dated:
**The contents in Italic are only for guidance purpose. Details as appropriate, are to be filled in
suitably by the Bidder. Attestation before Magistrate/Notary Public.
This affidavit is to be given by each member of JV/ Partners of Partnership firm/LLP etc.,.
134
Schedule– 1:
Form of
APPENDIX-I
Technical Bid Form – 17
Department of Expenditure, Ministry of Finance, Government of India letter F.No.6/18/2019-PPD dated

23/07/2020
135
Schedule– 1:
Form of
136
Schedule– 1:
Form of
APPENDIX - I
Technical Bid Form - 18
Certificate on Conflict of Interest
I / We, ……………………………………………..(Name of the firm) am / are aware of Clause 2.8

of RFP i.e., Conflict of Interest and certifythat no such PMS tender for Indian Railway Projects has been
awarded to us which could cause a conflict regarding availability of key personnel for tender under
consideration and we further certify that if any such conflict comes to our notice, it shall immediately be
brought to the notice of the Tender Inviting Authority. We understand that the above conflict of interest
shall lead to disqualification of our bid or termination of our contract, if engaged.
(Signature and name of the authorized signatory of the Bidder)
137
Schedule– 1:
Form of
APPENDIX-II
Financial Bid Form – 1: Breakdown of Costs for Financial Bid

(Indicative)
S.No Type of No.of Unit Man Total Amount in INR Amount after
Personnel Perso month Man deescalation
ns months
(I) Key Personnel
1 Team Leader 1 Man 24 24 66,02,192.88 52,81,754.00

cum project month
Manager
2 Lead Designer 1 Man 12 12 33,01,096.44 26,40,877.15

month
3 Manager/MEPF 1 Man 24 24 21,05,674.32 16,84,539.46

month
4 Resident 1 Man 24 24 44,85,909.48 35,88,727.58

Engineer (Civil) month
5 Resident 1 Man 24 12 22,42,954.74 17,94,363.79

Engineer month
(Bridges)
6 Resident 1 Man 24 72 1,34,57,728.43 1,07,66,182.74

Engineer (S&T month
and Elec)
3,21,95,556.28 2,57,56,445.02
II Other Professional Personnel

(Civil-Works) month
138
Schedule– 1:
Form of

(Civil-Bridges month

(Civil-P.way) month

(Electrical) month
9 Quality Control 5 Man 24 120 86,99,790.00 69,59,832.00

Expert month

(S&T) month
6,80,52,304.06 5,44,41,843.24
(C) Support Personnel
10 Computer 5 Man 24 120 40,61,125.20 32,48,900.16

Operator cum month
Stenographer
11 Draftsman/ 5 Man 24 120 53,68,069.13 42,94,455.30

Auto Cad month
operator
12 Estimator 5 Man 24 120 53,68,069.13 42,94,455.30

month
13 Accountant 5 Man 24 120 53,68,069.13 42,94,455.30

month
14 Site Helpers 20 Man 24 480 1,13,85,038.40 91,08,030.72

month
3,15,50,370.98 2,52,40,296.79
139
Schedule– 1:
Form of
13,17,98,231.32 10,54,38,585.05
Reimbursable costs:Amount(Rs)
15 Schedule of Payment for attending meetings (as per 403666 403666

form 4 of Appendix II)
Total estimated cost of project managment services inclduing 13,22,01,897.32 10,58,42,251.05

Manpower costs and Reimbursable cost
Financial Bid: At Par/Below Par/Above Par on Note: Bidder has to quote his rate
Total Estimated Cost of Project Management At Par /Below Par / Above Par (%)
Services (%)
in the Finance Bid TAB of
www.ireps.gov.in
NOTE:
1. The above rates are excluding of GST with current rate of 18% for manpower.
2. Reimbursable cost is including GST.
3. Bidder to quote one single unique% (percentage) at par, below par or above par against the
given value.
4. The financial evaluation shall be based on the above Financial Bid.
5. The above quote includes all costs incurred by Authority Engineer to provide PMS
to Authority.
6. All payments shall be made in Indian Rupees and shall be subject to applicable
Indian laws withholding taxes if any.
7. Remuneration rates as indicated above shall be increased in accordance with

provisions in Agreement. However, for evaluation of Financial Bid, the quoted
initial rate shall be multiplied by the total time input envisaged for each position on
this contract, i.e., without considering the increase in the remuneration rates.
140
Schedule– 1:
Form of
APPENDIX-II (NOT APPLICABLE)
(Form-2)
Schedule of hiring of vehicles
141
Schedule– 1:
Form of
APPENDIX III
(Copy of Draft EPC Agreement or EPC Agreement or Standard EPC Agreement)
142
Schedule– 1:
Form of
APPENDIX IV
Brief Description of the Project
Refer Schedule-B (Description of Railway Project) of Draft EPC Agreement
143
APPENDIX-V
LIST OF PROJECT-SPECIFIC CLAUSES18
A. Clauses and appendices with serially numbered footnotes:
SN Clause No. Clause Footnote

1 1.1.1 Background 1 and 2
2 2.13.3 Amendment of RFP 3
3 2.19 Foreign Companies 4
4 3.1.5 Conditions of Eligibility of Bidders $
5 3.2.2 Evaluation of Technical Bid 5
6 4.1 Delays in providing the Services by the Authority 6
Engineer and Extension of Time
7 4.5.1 Agreement Value 7
8 10.3 Disputes 8
9 10.5 Arbitration 9
10 Annexure -1 Terms of Reference (TOR) 10
11 Annexure -1, Clause 4 Construction Period 11
12 Annexure -1, Clause 10.1 Manpower Deployment 12 and 13
13 Annexure -3, Clause 1 (c) Mode of Billing and Payment 14
14 Appendix-I, Technical Bid Form-1, Letter Comprising the Bid 15
Clause 21
15 Appendix-I, Technical Bid Form 6 Format of Joint Bidding Agreement (in case of JV 16
/Consortium)
16 Appendix-I, Technical Bid Form 10 Abstract of Eligible Assignment of the Bidder 17
17 Appendix-II, Technical Bid Form-1 Reimbursable Costs 18
18
This Appendix-V contains a list of clauses and appendices that would need to be suitably modified, prior to
issue of the RFP document, for reflecting project-specific provisions. This Appendix-V should be omitted
before issuing the RFP document to prospective Bidders.
144
Schedule– 1: Form of Agreement
B. Clauses and appendices with square parenthesis
SN Clause No. Clause

1. 1.1.1 Introduction
5. 2.1.1 Instructions to Bidder(s) (ITB)
6. 2.1.2 (i) Instructions to Bidder(s) (ITB)
7. 2.17.1 Instructions to Bidder(s) (ITB)
8. 3.1.2 (A) Criteria for Eligibility & Evaluation
9. 3.1.3 (b) Criteria for Eligibility & Evaluation
10. 3.2.2 (3) Criteria for Eligibility & Evaluation
11. 3.8.1 Criteria for Eligibility & Evaluation
12. 4.1 Miscellaneous
13. Schedule 2 Schedule 2 - PMS Agreement
14. 1 Schedule 2 - PMS Agreement
17. 1.1 Schedule 2 - PMS Agreement
21. 1 Annexure 1 - Terms of Reference (TOR)
22. 2.1 Annexure 1 - Terms of Reference (TOR)
23. 3.2 (f) Annexure 1 - Terms of Reference (TOR)
26. 9 Annexure 1 - Terms of Reference (TOR)
28. 10.4 (iv) Annexure 1 - Terms of Reference (TOR)
29. Annexure 4 - Bank Guarantee
30. Appendix I - Technical Bid Form-1
31. 16 Appendix I - Technical Bid Form-1
32. 1.1 Appendix I - Technical Bid Form-2
33. 1.2 Appendix I - Technical Bid Form-2
39. 4 (b) Appendix I - Technical Bid Form-6
42. Appendix II - Financial Bid
43. Appendix II –Financial Bid Form-1
145
Schedule– 1: Form of Agreement
END OF DOCUMENT
146

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REQUEST FOR PROPOSAL (RFP)

(For EPC CONTRACT)

PROVIDING PROJECT MANAGEMENT SERVICES

CONSTRUCTION OF NEW BROAD GAUGE LINE TRACK

ENGINEERING, PROCUREMENT & CONSTRUCTION (EPC) MODE

9. Confidential Information ............................................................................................ 47

Authority As defined in Clause 0

The President of India represented by the Ministry of Railways, Chief Administrative

S No. Particular Details

2. Estimated cost of Project Rs.10,58,42,215.84 (Rupees Ten Crore Fifty

4. Bid Due Date and time

17. Last date of receiving Queries Details will be uploaded subsequently.

S No. Particular Details

Shall be valid until 60 (sixty) days of the expiry of the Defects

19. Submission of Performance Within 15 days of issue of Letter of Award (LOA)

20. Signing of Agreement Within 15 days of submission of Performance Security

1.2. Brief description of Bidding Process

through [e- payment Gateway of e-Procurement Portal/Authority]. The Bid shall be

1.3. Schedule of Bidding Process

2. Instructions to Bidder(s) (ITB)

i. Number of Members in a consortium shall not exceed [3 (three)];

v. An individual Bidder cannot at the same time be a Member of a Consortium applying

b. clearly define the proposed administrative arrangements (organization chart) for

2.2. Submission of Bids

2.3. Bid Security for RFP

i. A scanned copy of the Bank Guarantee bond shall be uploaded on e-

a) District Industries Centres;

2.3.4. The Bidder is liable for damages in following cases:

a) If the Bidder submits a non-responsive Bid

2.3.7. Preference to Make in India

Preference to Make in India: The provisions of revised ‘Public Procurement (Preference to

2.4. Validity of the Bid

2.5. Preparation of Bids

2.6. Technical Bid

b) Bidders shall submit the Technical Bid in the formats at Appendix- I

(i) The Bid Security is submitted as per Clause 2.3;

(iii) Power of Attorney for Authorised Representative, (in case of Consortium by

(iv) Joint Bidding Agreement is executed and submitted as specified in Appendix-I

(v) The bid is responsive in terms of Clause 2.20.2;

2.7. Financial Bid

i. Financial Bid must be strictly using the formats attached in Appendix-II.

vii. There is no provision of Mobilization advance in this contract

2.8. Conflict of Interest

2.9. Number of Bids

2.10. Site Visit and Verification of Information

2.11. Acknowledgement by Bidder

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

b) received all relevant information requested from Authority;

f) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of

2.12. Clarifications / Queries by Bidders

2.13. Amendment of RFP

2.14. Letter of Award (LOA) and Signing of Agreement

2.15. Performance Security

be forfeited in case of any event of Default leading to termination of contract as described in

2.15.4. Forfeiture of Performance Security

2.16. Fraud and Corrupt Practices

(a) “Corrupt practice” means the offering, promising, giving, receiving, or

(b) Fraudulent practice” means a willful misrepresentation or omission of facts or

(c) Collusive practices” means a scheme or arrangement whether formal or