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REQUEST FOR PROPOSAL (RFP) (THROUGH E-PROCUREMENT)
{Domestic Competitive Bidding} FOR
CONSULTANCY SERVICES FOR ENVIRONMENT CLEARANCE
OF
JANGI-THOPAN-POWARI HEP (780 MW), IN DISTRICT KINNAUR
{HIMACHAL PRADESH}
INDIA
*****
Proposal No.: DCB- CCD - JTPHEP-760-01
CLIENT : SJVN
COUNTRY : INDIA
SHIMLA APRIL,2020
SJVN Ltd. (A Joint Venture of Govt. of India & Govt. of Himachal Pradesh)
(An ISO-9001-2015, Mini Ratna & Schedule-A PSU) SJVN Corporate Office Complex : Shanan Shimla-06.
SHIMLA – 171006 (H.P.), INDIA CIN: L4010HP1988GOI008409
CONTENTS
Sr. No. Description Page No.
Section 1 Press Notice
Detailed Notice Inviting Proposal
2-18
Section 2 Instructions to Consultants 19-41
Section 3 Technical Proposal 42-52
Section 4 Financial Proposal 53-57
Section 5 Standard Terms of Reference Attached separately
Section 6 Standard Form of Contract, General Conditions of
Contract, Special Conditions of Contract and Appendices
60-118
3
SJVN Limited (A Joint venture of Govt. of India and Govt. of H.P)
A Mini Ratna & Schedule 'A' PSU
CIN: L40101HP1988GOI008409
PRESS NOTICE
E- Tender No. DCB-CCD-JTP HEP-760-01
On behalf of SJVN Ltd., online bids (e-tender) on Domestic Competitive Bidding (DCB)
are invited for 'Consultancy Services for Environment Clearance of Jangi-Thopan-Powari
Hydroelectric Project (780 MW), H.P’.
For details, please visit websites www.sjvn.nic.in, https://sjvn.abcprocure.com and
www.eprocure.gov.in .
Last date for bid submission is _ _._ .20_ _ (_ _:_ _ Hrs). Amendment(s), if any, shall be
issued on above websites only.
For and on behalf of SJVN Ltd.
CGM/HOD (Civil Contracts)
SJVN Ltd., Shimla (HP)
Email: [email protected]
4 Consultancy services for Environment Clearance of JTP HEP
SJVN Limited (A Joint Venture of Govt. of India & Govt. of Himachal Pradesh)
(An ISO-9001-2015, Mini Ratna & Schedule-A PSU) SJVN Corporate Office Complex : Shanan,
SHIMLA – 171006 (H.P.), INDIA CIN-L40101HP1988GOI008409
CONSULTANCY SERVICES FOR ENVIRONMENT CLEARANCE OF JANGI-
THOPAN-POWARI HEP (780 MW) IN DISTRICT KINNAUR IN THE STATE OF
HIMACHAL PRADESH.
1.1.0 INTRODUCTION AND INVITATION
1.1.1 SJVN Limited (A Joint venture of Govt. Of India and Govt. of Himachal Pradesh),
Schedule ‘A’ Mini Ratna was incorporated in the year 1988 for Construction and
Operation of Nathpa Jhakri HEP. With successful commissioning of NJHPS (1500
MW) & RHPS (412 MW), SJVN was entrusted with Construction and Operation of
more projects in the State of Himachal Pradesh, other States in India and Neighboring
Countries. SJVN is fast emerging as a major power player in the country. SJVN has
pool of outstanding Engineers and talented manpower that have been translating big
dreams into reality since commissioning of Nathpa Jhakri HPS & Rampur HPS and
now have become experienced enough to tackle all sorts of challenges anticipated in
development of such projects in typical Himalayan geology.
SJVN has expanded its horizons and envisions developing itself into a fully
diversified trans-national Power Sector Company in all types of conventional & non-
conventional forms of energy and in Power Transmission. SJVN today has a footprint
in a diversified set of power projects. The present installed capacity of SJVN is
2015.2 MW comprising of 1912 MW of Hydropower (generating from 1500 MW
Nathpa Jhakri HPS + 412 MW Rampur HPS in Himachal Pradesh) and 97.6 MW of
Wind Power (generating from 47.6 MW Khirvire WPP in Maharashtra & 50 MW
Sadla WPP in Gujarat) and 5.6 MW Charanaka Solar Plant in Gujarat. In addition, 86
ckm 400 kV Transmission Line (CPTC- JV -26%) for trade between Nepal & India is
also in operation. The Company, at present, is implementing (under various stages of
development) 13 Hydro Power Projects with proposed capacity totalling 4,027 MW
(11 Projects- 2,744 MW in India and 2 Projects of 1500 MW in neighboring countries
of Nepal & Bhutan), one 1320 MW Thermal Power Project at Buxar in state of Bihar.
SJVN is also a JV partner in Cross Border Transmission Company Ltd. (CPTC) Ltd.
with Power Grid, IL&FS, and Nepal Electricity Authority in operation of 86 ckm
long 400 kV double circuit Indo-Nepal Cross Border Power Transmission corridor
between Sursand (Nepal) and Muzaffarpur (India). In addition to above, for
5 Consultancy services for Environment Clearance of JTP HEP
evacuation of power from Arun-3 HE Project, the Nepal portion of transmission line
(217 ckm) starting from generating station (Didling) upto Bathnaha (Indo-Nepal
Border) & extension of Dhalkebar sub-station shall be executed by SAPDC (A
wholly owned subsidiary of SJVN) through Project Management Consultancy by
PGCIL. All these projects are associated with numerous activities, which will bring
enhanced development of the concerned area and people around. The company is
striving to give shape to its aspirations and committed to increase its Geo-strategic
reach in Operations.
The Jangi-Thopan-Powari HEP (780 MW) is located in District Kinnaur, in the
Himachal Pradesh. The aim of this RFP is to invite proposals for:
Consultancy services during three stages of EIA Notification 2006- Scoping, Public
Consultations & Appraisal, which shall primarily involve, but not limited to,
application for TOR (Terms of Reference) and obtaining scoping clearance;
preparation of EIA/EMP studies & reports thereof or any other report/observation (s)
desired by EAC for grant of Environment Clearance; application for prior
Environment Clearance; presentations before EAC and during public consultation
etc. This shall include any additional study/condition imposed during the TOR and
EC process and reports thereof.
1.1.2 SJVN invites Proposal in single stage two parts i.e. Techno Commercial Bid and
Financial Bid on Domestic Competitive Bidding, through Electronic Tendering
System (E-Tender) from Consultants (sole consultant only) for consultancy services
for Environment Clearance of JTP HEP (780 MW).
1.2.0 KEY DATES/OTHER RELATED PARTICULARS:
The key particulars/details and dates of this “Request for Proposal” are as under:
i. Request For Proposal
(RFP) No.
: DCB-CCD-JTP HEP-760-01
ii. Name of the Work
Consultancy Services for Environment
Clearance of Jangi-Thopan-Powari (780
MW) in district Kinnaur, Himachal
Pradesh.
iii. (
9
9
Proposal view date and
time.
: 01.04.2020 (18:00 Hrs) to 15.05.2020
(13:00 Hrs)
iv. Pre-bid meeting
(date/time and venue)
: Shall be intimated separately.
6 Consultancy services for Environment Clearance of JTP HEP
v. Last date & time for
uploading of Technical
as well as Financial
Proposal on SJVN’s e-
tender portal
https://sjvn.abcprocure
.com
:
15.05.2020 up to 1300 Hrs.
vi. Deadline for
submission of
documents in physical
form.
: 22.05.2020 up to 1800 Hrs.
vii. Last date for
submission of letter
seeking
clarifications/pre-bid
queries from
Consultants
: Shall be intimated separately.
viii. Venue for opening of
proposals
Venue : Corporate Civil Contracts Deptt.
SJVN Corporate Office Complex, Shanan.
Shimla-06, H.P.
ix. Date & time for
opening of Technical
Proposal.
: 15.05.2020 at 15:00 Hrs.
x. Date & time for
opening of Financial
Proposal.
: Shall be intimated separately.
xi. Bid validity period : The bid proposal shall remain valid for 180
days after the last date fixed for submission
of proposal including extension thereof, if
any.
xii. Cost of Request for
Proposal document*
: INR 5,000 /- (Rupees Five Thousand) (non-
refundable) inclusive of GST Payable
online through E-payment gateway
available on SJVN’s E-tender portal,
https://sjvn.abcprocure.com)
xiii. EMD/Bid Security* : INR 60,180/- (Rupees Sixty thousand one
hundred and eighty only) (payable as per
Sub-Clause 2.3.11 of Section-2, ITC of
RFP Document.)
7 Consultancy services for Environment Clearance of JTP HEP
* Small Scale Units registered with the National Small Industries Corporation (NSIC)
under their single point Registration Scheme of the stores /work are exempted from
furnishing the cost of tender document fees and bid security deposit. Further, Micro
and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by
Department of Micro, Small and Medium Enterprises (MSME) or registered with
Central Purchase Organization or the concerned ministry or department are also
exempted from furnishing the cost of tender document fees or bid security. Waive off of cost of RFP document and bid security shall also be extended to any other body specified by Ministry of MSME from time to time.
1.3.0 REGISTRATION FOR E-TENDERING / METHOD OF APPLYING
1.3.1
This tendering process is being processed through e-procurement mode and the RFP
document containing the Detailed Notice Inviting Proposal, Instructions to
Consultants, Technical Proposal, Financial Proposal, Standard Terms of Reference,
GCC, SCC etc. shall be available at SJVN’s E-tender portal,
https://sjvn.abcprocure.com only.
For participating in E-tendering with SJVN Ltd., the Consultant has to register with
M/s E-procurement Technologies Ltd. (If not registered earlier and/or if the
registration is not valid at the time of uploading/submission of Bid) on SJVN’s E-
tender Portal, https://sjvn.abcprocure.com and the detailed procedure for the
registration is as under:-
Steps for New Bidder Registration:
• Click on a “New Bidder Registration” link available on home page of website
https://sjvn.abcprocure.com
• Applicant needs to furnish individual details as well as of company details in
registration form.
• After filling all mandatory fields, Applicant need to click on “submit” button to
complete registration process.
• On successful completion of registration Applicant will be prompted a message
saying that “You have successfully registered on SJVN Limited’s e-Procurement
Portal”
1.3.2 System Configuration Requirements
a) An Internet connection with minimum 512 Kbps speed.
b) Operating System should be Windows XP Service Pack -3 / Vista / Windows 7.
c) Supported Browsers: Internet explorer – 7.0, 8.0 & 9.0
8 Consultancy services for Environment Clearance of JTP HEP
d) Minimum bandwidth 512 kbps
e) Operating System Core2Duo / I3 / I5 (Recommended)
f) System Access with Administrator Rights
g) Minimum RAM 2 GB
h) Digital Certificate: To participate in an e-Tender, Applicant must have a
valid Digital Certificate from certifying authority of India as per the IT Act, 2000.
Valid Digital Certificate must be installed in a computer system from where
Applicant wants to login on website. Perform the below steps to confirm whether
valid digital certificate is available on your computer system or not:
Steps:
Open Internet Explorer.
Select Tools menu from menu bar OR Press Alt + T on your keyboard.
Click on Internet Options >>Content >>Certificate button.
You should be able to view your digital certificate under “Personal” heading.
1.3.3
Requirement of Digital Signature Certificate
Please enable ActiveX Controls & Plug-ins. (Tools->Internet Options-> Security-
>Custom Level)
Active-X controls need to be enabled in your Internet browser. In order to ensure this,
please do the following:
1) In Menu Bar ---Click on Tools - Internet Options – Security – Click on Trusted
Sites Icon – Click on Sites button
Add following two Website in Trusted Sites……
1) https://sjvn.abcprocure.com
&
2) https://www.tpsl-india.in
After that, click on
9 Consultancy services for Environment Clearance of JTP HEP
Tools menu of Internet explorer - Internet Options – Security – Click on Internet Icon
After that, Click on Custom Level button –
From below ActiveX controls and plug-ins ---- Select below 5 Items to be enabled
1) Download signed ActiveX controls –select Prompt or Enable
2) Download unsigned ActiveX controls – select Prompt or Enable
3) Initialize and script ActiveX controls not marked as safe for scripting – select
Prompt or Enable
4) Run ActiveX controls and plug-ins-select Enable
5) Script ActiveX controls marked safe for scripting – select Enable
After completed this above selection----Below option has available---Reset custom
settings---Reset To: Select low or medium ---Click on OK
Also, please check your system Date & Time it should be set as current date &
time.
In case of Digital Certificate based Login, user need to download & install
"Signer" file available under Download Section at https://sjvn.abcprocure.com.
Download & Install "Intermediary Certificate" available under Download
Section at https://sjvn.abcprocure.com.
Please disable or uninstall Third Party Toolbar / Add-ons from Browser.
1.3.4
DIGITAL SIGNATURES:
For participating in E-tendering i.e., for login, uploading & downloading the RFP
document or for submitting the proposals on E-mode, the Consultant has to procure a
Digital Signature/Digital Security Certificate. Digital signature can be obtained from
any of the authorized agencies of CCA (Controller of Certifying authorities) from
GNFC, TCS, MTNL, Safe Script etc. For this a separate processing fee would be
payable to the authorized agency of CCA.
Consultant shall be required to arrange all resources, including Digital Signature and
Internet Connections at their own cost, for participating in online tenders/ bids at
SJVN’s E-Procurement portal.
10 Consultancy services for Environment Clearance of JTP HEP
All the Consultants are requested to get themselves registered well in advance and no
extra time will be considered for the delay in on-line Vendor Registration, if any. In
case Consultants wait till the last moment for registration/uploading of Bids, and if
any technical problem is encountered at that time and the closing time may elapse,
SJVN Ltd. shall not be responsible in any manner for such delay/ or any other reason
thereof.
1.3.5 Mode of the payment for Purchase/downloading of RFP document and EMD.
The following modes of payments have been provided for e-payment on account of
Purchase/downloading of RFP document :
Applicant can make online payment using below facilities:-
a) Credit Card
b) Debit Card
c) Net Banking
d) NEFT/RTGS
Credit Card/Debit Card/Net Banking:-
• Applicant is required to add https://www.tpsl-india.in website in Trusted Zone
as suggested above.
• Applicant needs to feed correct details while making the payment through
online payment gateway.
NEFT/RTGS:-
• To make payment through NEFT/RTGS, Consultant will get an auto generated
e-Mail which contains details of their Unique Bidder Code and when and how
to do RTGS/NEFT and details pertaining to it. This information will also be
available on screen under heading of “NEFT/RTGS Instruction” once bidder
gets login.
• Once Consultant deposit amount in Beneficiary account number provided to
them, while making payment for document fees and EMD by RTGS/NEFT
payment option at the document fees and EMD payment screen, Consultant
shall be able to view the funds already remitted by him/her through NEFT
/RTGS as available. Please proceed to make the payment. Upon doing so, the
required amount to be paid through the document fees and EMD, shall get
appropriately deducted from the available balance and payment shall be
11 Consultancy services for Environment Clearance of JTP HEP
confirmed in real time.
• This facility allows you to transfer lump sum amount to your Consultant ID
account number as mentioned above via RTGS / NEFT. Consultant would be
able to use the funds as and when require till the time balance is available in
Bidder ID. Also, Consultant can transfer more amount as and when he
requires. Kindly note that the payment via RTGS / NEFT is required to be
made one working day in advance in order to make it available in your
Bidder ID. Hence please ensure that Bidder remit funds at least one day in
advance before he/she would like to make the document fees and EMD
payment through RTGS / NEFT option on payment gateway.
• Caution: Please ensure that you need to mention the correct beneficiary
account number and IFSC code as mentioned above while making payment via
RTGS / NEFT. In the event of funds remitted to wrong beneficiary account
number, SJVN Limited or its Bank or its service provider would not be
responsible for the same.
• Please note that FDR duly pledged in favour of SJVN Ltd. shall also be
permitted for Earnest Money Deposit only.
Note: i) The payment on account of cost of RFP document other than modes
specified here-in-above shall not be acceptable.
ii)Small Scale Units registered with the National Small Industries
Corporation (NSIC) under their single point Registration Scheme of the
stores /work are exempted from furnishing the cost of tender document
fees and bid security deposit. Further, Micro and Small Enterprises
(MSEs) as defined in MSE Procurement Policy issued by Department of
Micro, Small and Medium Enterprises (MSME) or registered with Central
Purchase Organization or the concerned ministry or department are also
exempted from furnishing the cost of tender document fees or bid security. Waive off of cost of RFP document and bid security shall also be extended to any other body specified by Ministry of MSME from time to time.
1.3.6 Downloading Bid Document
Consultant to access e-Tender portal of SJVN (https://sjvn.abcprocure.com ) to access
RFQ document, after completing registration formality and successful login, applicant
needs to process for Tender Fee /Document Fee and after that bidder can download
detailed tender document.
Download Document link is available at the end of every tender notice along with
access to Corrigendum
Bid Submission
12 Consultancy services for Environment Clearance of JTP HEP
• Applicant needs to login first on the tendering portal of SJVN, (i.e.
https://sjvn.abcprocure.com)
• Search tender by filling necessary searching criteria after Login.
• After finding the tender on the screen , Click on the “Dashboard”
• Click on “Declaration” and then Click on “I Agree”
• Click on the “Tender Fees” and Pay the Tender Fees Online
• Click on “Prepare Bid” and Fill necessary Forms (Schedules)
• After filling Price Bid Form click on “Final Encrypt”
• After filling all forms and final Encryption of Price bid Click on “Final
Submission”
• After Final Submission bidder will get receipt of Final Submission of their Bid
Contact Details
Consultant may contact below mentioned official in case of any assistance required
with respect to accessing of e-Tendering portal and bid submission.
Mr. Nitesh Sharma
M-9265562822, e-mail: [email protected]
Mr. Gaurav
Ph- 9265562832, e-Mail: [email protected]
1.4.0 BREIF SCOPE OF SERVICES/ WORK
The Scope of Work to be performed by the Consultant shall be Consultancy during three
stages of EIA Notification 2006 - Scoping, Public Consultation & Appraisal, which shall
primarily involve, but not limited to, application for TOR (Terms of Reference) and
obtaining Scoping Clearance; preparation of EIA & EMP studies & reports thereof or any
other report/observation (s) desired by EAC for the grant of Environment Clearance;
application for prior Environment Clearance; presentations before EAC and during public
consultation, etc. This shall include any additional study/ condition imposed during the
TOR and EC process and reports thereof. All studies including biodiversity study shall
be performed as per the guidelines and norms laid down by the Statutory Bodies i.e.
Ministry of Environment Forest & Climate Change, Govt. of India, State Pollution
Control Board, or any other regulatory or statutory body of the Central or State
Government for Environmental Clearances.
13 Consultancy services for Environment Clearance of JTP HEP
In addition to above, the consultant shall provide all assistance to SJVN during the
process of obtaining requisite environment clearances from Statutory Bodies.
Consultant shall ensure that valid accreditation from QCI/NABET is duly renewed and
maintained for Category ‘A’ river valley/hydro projects till the project is accorded
Environment Clearance from MOEF&CC.
1.5.0 TIME FOR COMPLETION
The Consultant shall perform the work according to the following time period:
1. The period of completion of the work :
Sl.
No.
Description Completion time from the date as
notified by EIC
1. Filling of application prescribed for
TOR
By the end of 07 days
Sl.
No.
Description Completion time from the 7th
day of issue of TOR/Scoping
Clearance letter
1. Submission of Inception Report—First
progress report.
By the end of 15 days
2. Submission of report on measurement and
analysis of first season primary and secondary
data—Second progress report.
By the end of 75 days
3. Submission of report on measurement and
analysis of second season primary and
secondary data—Third progress report.
By the end of 195 days
4. Submission of draft comprehensive EIA
report incorporating all season data and
executive summary in English as well as in
local vernacular language for conduct of
public hearing.
By the end of 300 days
5. Submission of final EIA/EMP report after
including the public hearing issues along with
their addressal to MoEF & CC for
By the end of 430 days
14 Consultancy services for Environment Clearance of JTP HEP
Environmental Clearance.
Consultant to ensure that final EIA/EMP
Report is submitted to Project EIC within 30
days after receiving Minutes of Meeting of
the Public Hearing/any letter from Statutory
authority.
6. Submission of final EIA/EMP report and
executive summary in English and in local
vernacular language after grant of
environment clearance by Statutory bodies.
By the end of 510 days
1.6.0
ELIGIBILITY
1.6.1 Proposals from those consultants who have not paid the Tender fee shall not be
considered. However, Small Scale Units registered with the National Small Industries
Corporation (NSIC) under their single point Registration Scheme of the stores /work
are exempted from furnishing the cost of tender document fees and bid security
deposit. Further, Micro and Small Enterprises (MSEs) as defined in MSE Procurement
Policy issued by Department of Micro, Small and Medium Enterprises (MSME) or
registered with Central Purchase Organization or the concerned ministry or
department are also exempted from furnishing the cost of tender document fees or bid
security. They should furnish an attested scanned copy (by authorized representative)
of the valid registration NSIC/MSME Certificate / Udyog Aadhaar Memorandum
number. No other bidder is exempted from furnishing cost of tender fee and bid
security as mentioned above. Waive off of cost of RFP document and bid security shall also be extended to any other body specified by Ministry of MSME from time to time.
1.6.2 The Consultant should meet the following minimum qualifying requirements for
Jangi-Thopan-Powari HEP, (780 MW) ::
1. The Consultant should have a valid accreditation for conducting EIA/EMP studies
in respect of category ‘A’ River Valley /Hydro Electric Projects from Quality
Council of India (QCI) – National Accreditation Board for Education and Training
(NABET) under the scheme for accreditation for EIA consultant organisation.
2. The Consultant shall be registered with Quality Council of India (QCI)/ NABET
under the scheme of Accreditation & Registration of MoEF & CC and name shall
appear in the latest list uploaded on website of MoEF & CC.
15 Consultancy services for Environment Clearance of JTP HEP
1.7.0 GENERAL
1.7.1 A Consultant will be selected under Least Cost Based Selection (LCBS) and
procedures described in this RFP. The RFP includes the following documents:
Section 1 - Detailed Notice Inviting Proposal.
Section 2 - Instructions to Consultants
Section 3 - Technical Proposal - Standard Forms
Section 4 - Financial Proposal - Standard Forms
Section 5 - Standard Terms of Reference
Section 6- Standard Form of Contract, General Conditions, Special Conditions
and Appendices
1.7.2 RFP Document will neither be issued manually nor be sent by post or courier; the
same can be viewed and downloaded by the registered applicants only on SJVN E-
Tender portal https://sjvn.abcprocure.com between the dates and time mentioned in
Clause 1.2.0 here-in-above.
1.7.3 Interested parties may download the RFP document in accordance with the procedure
given under Clause 1.3.0 between the date and time mentioned in Clause 1.2.0 here-in-
above. Downloading/uploading of RFP document/proposal by any Consultant shall,
however, not construe that such Consultant is considered as qualified.
1.7.4 The RFP document shall be available on website https://sjvn.abcprocure.comonly. At
any time before the submission of proposals, Client may modify/ amend the Request
for Proposal document and extend the last date of submission/opening of the proposal
and any other key dates by issuing a corrigendum/addendum and such
corrigendum/addendum to this notice as well as to the RFP document shall be
available only on following websites:
A www.sjvn.nic.in
B https://sjvn.abcprocure.com
C www.eprocure.gov.in
As such the Consultants are advised to visit the above websites regularly before
deadline for submission of Proposal.
To give the Consultants reasonable time to take an amendment into account in their
proposals and on account of any other reasonable circumstances, Client may at its
discretion, extend the deadline for the submission/opening of the proposals.
16 Consultancy services for Environment Clearance of JTP HEP
1.7.5 A particular consultant can apply as a sole consultant only.
The Consultant, as an individual or as a partner in JV, blacklisted by Govt. of India
and its undertaking, on grounds of corrupt and fraudulent practices, is not eligible to
participate in submission of proposal for this assignment. An undertaking to this effect
may be provided by the consultant as provided in the RFP document.
1.7.6 The prospective Consultants are advised to visit the Project Site before submission of
their proposals. The Consultant shall bear all costs associated with the site visit. The
Consultant shall arrange the inner permit/permission for him as well as for his workers
as required in accordance to the laws if required for the work.
The information about the project and/or its surroundings are given in good faith. The
Consultants may however, obtain necessary information and acquaint themselves with
Site by making site visit at their own cost.
1.7.7 An authorized representative of the Consultant shall fill and digitally sign the
Technical & Financial Proposal. The authorization shall be in the form of Power of
Attorney accompanying the Proposal.
Duly Notarized Power of Attorney must be supported with necessary documentary
evidence of the person/authority giving power of attorney like Partnership Deed,
Board Resolution, Memorandum & Articles of Association etc. indicating that the
person/authority issuing POA is authorized to issue such POA.
1.7.8 The consultant shall submit the Technical and Financial proposal through e-mode.
However, the consultant shall also submit the scanned copies of the following
documents along with technical bid through e-mode. The original of the same shall
have to be submitted on or before the date & time mentioned in Sr. No. 1.2.0 (vi.)
above in a sealed envelope through post/courier or by hand on the address of:
Chief General Manager/HOD(Civil Contracts),
Corporate Contracts Department (Civil),
SJVN Corporate Office Complex, Shanan,
Shimla-171006, (H.P.)
I. Power of Attorney
A Power of Attorney indicating that the person(s) signing the Bid has the
authority to sign the Bid supported with necessary documentary evidence of
the person/authority giving power of attorney like Partnership Deed, Board
Resolution, Memorandum & Articles of Association etc. indicating that the
person/authority issuing POA is authorized to issue such POA and that the Bid
is binding upon the Bidder during the full period of its validity in accordance
with Form Appendix-I of Section-6.
II. Copy of Valid NSIC/MSME Certificate /Udyog Aadhaar Memorandum
17 Consultancy services for Environment Clearance of JTP HEP
number(if applicable) towards tender document fees and Bid security.
III. Integrity Pact duly signed by authorized representative of the Consultant.
Failing which the financial proposal will not be opened.
1.7.9 Submission of proposals by the Consultant implies that they have read this notice and
all other documents and have made themselves aware of the scope & specifications of
the work to be done and local conditions and other factors, which may have bearing
on the execution of the works.
1.7.10 Initially the Technical proposal on e-mode will be opened on the specified date and
time mentioned at Clause 1.2.0 here-in-above or extended otherwise, in the presence
of Consultant or their authorized representatives who may choose to attend. In case
the day becomes holiday, the proposals will be opened at the same specified time on
next working day. Proposals received after due date and time will not be entertained.
Financial Proposal will be opened on a subsequent date for which an intimation will
be uploaded on e-mode to those Consultants who meet the minimum qualifying
requirements, evaluation criteria specified in Request for Proposal document and
whose proposal is found to be responsive to the bid document.
1.7.11 If consultant does not provide clarifications/ documents in relation to Proposal by the
date & time prescribed by SJVN, further evaluation shall be done based on available
data/information.
1.7.12 The successful Consultant shall be required to furnish performance security in
accordance with the provisions of RFP Document.
1.7.13 The Request for Proposal Document is not transferable and the cost of Request for
Proposal Document is not refundable under any circumstances.
1.7.14 Proposals other than e-tenders shall not be accepted.
1.7.15 SJVN does not bind themselves to accept the lowest proposal or any Proposal or to
give any reasons for their decision.
1.7.16 SJVN reserves the right to cancel/withdraw the Request for Proposal at any stage
without assigning any reason and shall bear no liability whatsoever consequent upon
such a decision.
1.7.17
1.7.18
SJVN reserves the right to extend the last date and time for submission/opening of
Technical and Financial Proposal or any other key dates of this RFP Document.
Purchase preference applicable as per Govt. of India policies and guideline from time
to time shall be given.
1.7.19 For any enquiry/clarification for registration, submission of proposal and any other
information, the Consultant may contact to the following person:
18 Consultancy services for Environment Clearance of JTP HEP
Sr.AGM (Civil Contracts)
Corporate Contracts Department (Civil),
SJVN Corporate Office Complex, Shanan,
Shimla-171006, (H.P.)India.
Telephone No. +91-177-2660167,
Email: [email protected]
1.7.20 All correspondence with regard to the above shall be made at the following address :
Chief General Manager/HOD(Civil Contracts)
Corporate Contracts Department (Civil),
SJVN Corporate Office Complex, Shanan,
Shimla-171006, (H.P.)India.
Telephone No. +91-177-2660161
Fax: +91-177-2660164
Email: [email protected]
This Detailed Notice Inviting Proposal shall form part of the Contract
Document.
20 Consultancy services for Environment Clearance of JTP HEP
SECTION - 2
INSTRUCTIONS TO CONSULTANTS
CONTENTS
Clause
No.
Description Page No.
2.1.0 Introduction 22
2.1.1 Definitions 22
2.1.2 Enquiry 22
2.1.3 Proposal 22
2.1.4 Local conditions 22
2.1.5 Input to Consultants 23
2.1.6 Responsibility of Consultants 23
2.1.7 Conflict of Interest 23
2.1.8 Fraud and Corruption 24
2.1.9 Awareness of Consultants 25
2.1.10 Declaration by Consultants 25
2.1.11 One Proposal 25
2.1.12 Proposal Validity 25
2.1.13 Integrity Pact 25
2.2.0 Clarification and Amendment of RFP Documents 26
2.2.3 Pre-Bid Meeting 26
2.3.0 Preparation of Proposals 27
2.3.1 Language 27
2.3.2 Information to the Consultants 27
2.3.3 Qualifying Requirement 27
2.3.4 Technical Proposal Format and Content 29
2.3.5 Non responsiveness of Technical Proposal 30
2.3.6 Financial Proposals 30
2.3.7 Taxes 30
2.3.8 Non responsiveness of Financial Proposal 31
2.3.9 Price Bid 31
2.3.10 Bid Security 31
2.3.11 Payment of Bid Security 32
2.3.12 Non responsiveness of Proposal 32
2.3.13 Bid Security of unsuccessful Consultants 32
2.3.14 Discharge of Bid Security of successful Consultant 32
2.3.15 Interest on Bid Security 32
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2.3.16 Forfeiture of Bid Security 32
2.4.0 Submission, Receipt, and Opening of Proposals 33
2.4.1-2.4.4 Submission and receipt of Proposals 33-34
2.4.5 Opening of Proposals 34
2.5.0 Proposal Evaluation 35
2.5.1 Rejection of the Consultants’ Proposal & Clarifications on the
Technical Proposal
35
2.5.2 Evaluationof Technical Proposals 35
2.5.3 Intimation to Technically Responsive Consultant 36
2.5.4 Public Opening of Financial Proposals 36
2.5.5-2.5.6 Evaluation of Financial Proposals 36
2.6.0 Pre-Award Discussions 37
2.6.1 Pre-Award Discussions 37
2.6.2 Technical discussions 37
2.6.3 Availability of Professional staff/experts 37
2.6.4 Conclusion of the Pre-Award discussions 38
2.7.0 Award of Contract & Signing of Contract Agreement 38
2.7.1 Award of Contract & Contract Agreement 38
2.7.2 Commencement of Assignment 38
2.7.3 Work schedule 38
2.8.0 Performance security 39
2.8.1 Amount of Performance Security 39
2.8.2 Bank Guarantee against Performance Security 39
2.8.3 Deleted 39
2.8.4 Validity of Performance Security 39
2.8.5 Coverage of Performance Security 39
2.8.6 Discharge of Performance Security 39
2.8.7 Termination of Contract 39
2.8.8 Extension of BG of Performance Security 39
2.8.9 Forfeiture of Performance Security 40
2.9.0 Confidentiality 40
2.10.0 Special Terms & Conditions 40-41
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Section 2- Instructions to Consultants
2.1.0 Introduction
2.1.1 Definitions
(a) “Client” means SJVN Limited having its registered office at Shanan, Shimla-171006
(H.P.), India and includes its legal representative, successor and assigns.
(b) “Consultant” means any single entity (i.e. legal representative, successor, assigns) that
may provide or provides the Services to the Client under the Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached documents
listed in Part-I of Section-6 (Form of Contract) that is the General Conditions of
Contract (GCC), the Special Conditions of Contract (SCC), and Appendices etc.
(d) “Day” means calendar day.
(e) “Government” means the Government of India & Government of Himachal Pradesh as
the case may be.
(f) “Instructions to Consultants” (Section 2 of the RFP) means the document which
provides Consultants with all information needed to prepare their Proposals.
(g) “Proposal” means the Technical Proposal and the Financial Proposal or Bid.
(h) “RFP” means the Request For Proposal prepared by the Client for the selection of
Consultants.
(i) “Services” means the work to be performed by the Consultant pursuant to the Contract.
(j) “Sub-Consultant” means any person or entity with which the Consultant subcontracts
any part of the Services.
(k) “Standard Terms of Reference” means the document included in the RFP as Section 5.
(l) EIA, EMP means Environment Impact Assessment & Environment Management Plan
respectively.
2.1.2 Enquiry: The Client will select a Consultant through open tender enquiry in
accordance with the method of selection specified in the Section-2.
2.1.3 Proposal: The Consultants are invited to submit a Technical Proposal and a Financial
Proposal. The Proposal will be the basis for technical discussions, if required and
ultimately for a signed Contract with the selected Consultant.
2.1.4 Local conditions: Consultants should familiarize themselves with local conditions
and take them into account in preparing their Proposals. To obtain first-hand
information on the assignment and local conditions, Consultants are encouraged to
visit the Site before submitting a proposal. Consultants should contact the following
or his authorised representative for site specific information and site visit enquiry.
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Contact Details:
Head of Project-Jangi-Thopan -Powari Hydro-Electric Project,
SJVN Limited, Reckong Peo,
District – Kinnaur-172107 (H.P.).
Ph. No.-+91-1782222615
E-mail:[email protected]
2.1.5 No input, services or facilities shall be provided by the Client (SJVN) to the
Consultant during the preparation of bid except mentioned in Appendix-E.
2.1.6 Responsibility of Consultants: Consultants shall bear all costs associated with the
preparation and submission of their proposals and contract discussion, site visits etc.
The Client is not bound to accept any proposal, and reserves the right to annul the
selection process at any time prior to Contract award, without thereby incurring any
liability to the Consultants.
2.1.7 Conflict of Interest: The Consultant is required to provide professional, objective,
and impartial advice, at all times hold the Client’s interests Paramount, strictly avoid
conflicts with other assignments or its own corporate interests and act without any
consideration for future work.
2.1.7.1 Without limitation on the generality of the foregoing, Consultants, and any of their
affiliates, shall be considered to have a conflict of interest and shall not be recruited,
under any of the circumstances set forth below:
(i) Conflicting assignments: neither Consultant (including its Personnel and Sub-
Consultants) nor any of its affiliates shall be hired for any assignment that, by its
nature, may be in conflict with another assignment.
(ii) Conflicting relationships: A Consultant (including its Personnel and Sub-
Consultants) that has a business or family relationship with a member of the
Client’s staff who is directly or indirectly involved in any part of (a) the
preparation of the Terms of Reference of the assignment, (b) the selection
process for such assignment, or (c) supervision of the Contract, may not be
awarded a Contract, unless the conflict stemming from this relationship has been
resolved in a manner acceptable to the Client throughout the selection process
and the execution of the Contract. Family relationship hereby means all those
persons who are covered under definition of relative as per sub-section (77) of
section 2 of Companies Act 2013 read with Rule 4 of Companies Rules, 2014.
2.1.7.2 Consultants have an obligation to disclose any situation of actual or potential conflict
that impacts their capacity to serve the best interest of their Client, or that may
reasonably be perceived as having this effect. Failure to disclose said situations may
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lead to the disqualification of the Consultant or the termination of its Contract.
2.1.7.3 No agency or current employees of the Client shall work as Consultants under their
own ministries, departments or agencies. When the Consultant nominates any
government employee as Personnel in their technical proposal, such Personnel must
have written certification/ permission from their government or employer confirming
that they are on leave without pay from their official position and allowed to work
full-time outside of their previous official position. Such certification/ permission
shall be provided to the Client by the Consultant as part of his technical proposal. The
Consultant either at the tendering stage or during execution stage will not employ any
retired employee of the Client in any capacity unless such employee has completed at
least one year post retirement period or has obtained the no-objection certificate from
the Client for being employed with the Consultant. It will be the responsibility of the
Consultant to collect the Client’s no objection certification from such retired
employee and submit the same back to the Client as part of their Technical Proposal.
Former government employees of the Client shall be allowed to work as Consultants
for their former ministries, departments or agencies, provided no conflict of interest
exists.
2.1.8 Fraud and Corruption: The client requires that the Consultants under this contract
observe the highest standard of ethics during the selection process and execution of a
contract. In pursuance of this policy, the Client:
a) Shall reject the Proposal of a consultant including the Selected Consultant if he
determines that the Consultant has engaged in corrupt1 or fraudulent2 or collusive3
or coercive4, or undesirable5 or restrictive practices6 in competing for the award of
Contract in question.
b) shall declare a Consultant ineligible, either indefinitely or for a stated period of
time, from participation in any Tender or bidding process or for award of a
contract/contracts or continuing with it after award if it, at any time, determines
that the Consultant has engaged in “corrupt or “fraudulent” or “collusive” or
“coercive” or “undesirable” or “restrictive” practices in competing for, or in
participating the bidding process or in executing, the contract.
For the purpose of this RFP Document
1 “Corrupt Practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the bidding
process or in contract execution;
2 “Fraudulent Practice” means a misrepresentation or omission of facts in order
to influence a bidding process or the execution of a contract to the detriment
of the Client, and includes collusive practice among Consultants (prior to or
after proposal submission) designed to establish bid prices at artificial non-
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competitive levels and to deprive the Client of the benefits of free and open
competition;
3 “Collusive Practice” means a scheme or arrangement between two or more
Consultants, with or without the knowledge of the client, designed to
establish bid price at artificial, non-competitive levels;
4 “Coercive Practice” means harming or threatening to harm, directly or
indirectly, person or their property to influence their participation in the
tendering process or affect the execution of a contract.
5 “Undesirable Practice” means establishing contact with any person connected
with or employed by the Authority with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding
Process; and
6 “Restrictive Practice” means forming a cartel or arriving at any understanding
or arrangement among Consultants with the objective of restricting or
manipulating a full and fair competition in the Bidding Process.
2.1.9 Awareness of Consultants: The Consultants should be aware of the provisions on
fraud and corruption stated in the specific clauses in the General Conditions of
Contract.
2.1.10 Declaration by Consultants: Consultants shall furnish declaration that no
commissions and gratuities have been paid or are to be paid by them to any agent(s)
relating to this proposal and contract execution as requested in the Financial Proposal
submission form (Section 4).
2.1.11 One Proposal: Consultants may only submit one proposal.
2.1.12 Proposal Validity: Proposals must remain valid for 180 days after the last date fixed
for submission of proposals (including extension if any).
2.1.13 Integrity Pact: To improve transparency and fairness in the tendering process the
Client is implementing Integrity Pact.
The Integrity Pact, signed by all the prospective Bidders and the Client, shall commit
the persons/officials of both the parties, not to exercise any corrupt
/fraudulent/collusive/coercive practices in the Tendering process and also during
implementation of the Contract. Only those Bidders who have entered into Integrity
Pact with the Client shall be eligible to participate in the bidding process. Bidders
signing Integrity Pact shall not approach the Courts while representing the matters to
IEMs (which have been appointed by CVC) and will await their decision in the matter.
Entering into Integrity Pact as per Performa (enclosed under Appendix-H, Section-6
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26 Consultancy services for Environment Clearance of JTP HEP
of the RFP Document) is a basic qualifying requirement.
To oversee the compliance of obligation under the Integrity Pact, two Independent
External Monitor(s) (IEMs) have been appointed. The details of IEMs is as under:-
1. Sh. Jai Pal Singh
2. Sh. Shitala Prasad Srivastava.
The address of correspondence with IEMs is as under:
Independent External Monitors for SJVN,
C/o Corporate Civil Contracts Department,
Shakti Sadan, 2nd Floor, SJVN Ltd.
SJVN Corporate Office Complex,
Shanan, Shimla-171006
The Integrity Pact duly signed on behalf of the Client has been uploaded under
Appendix-H of this Tender Document. The Integrity Pact shall be downloaded,
printed & signed by the bidder and the hard copy shall be submitted as per Clause
2.4.3 of ITC, RFP document.
The successful bidder shall submit duly executed Integrity Pact on Non-Judicial stamp
paper of appropriate value prior to signing of Contract Agreement.
2.2.0 Clarification and Amendment of RFP Documents
2.2.1 Consultants may request a clarification of any part of the RFP document. The last date
for receipt of clarifications from Consultants on RFP document is mentioned at
Clause1.2.0 of Section-I. Any request for clarification must be sent in writing to the
Client’s address or email to the Client. The Client will respond (including an
explanation of the query but without identifying the source of inquiry) through
Corrigendum/Addendum. Should the Client deem it necessary to amend the RFP as a
result of a clarification or any other reasons it shall do so following the procedure
specified here-in-under Sub-Clause 2.2.2.
However, Client reserves the right to respond to the queries after cut off date as
mentioned above.
2.2.2 The RFP document shall be available on website https://sjvn.abcprocure.comonly. At
any time before the submission of proposals, SJVN may modify/ amend the Request
for Proposal document and extend the last date of submission/opening of the proposal
and any other key dates by issuing a corrigendum/addendum and such
corrigendum/addendum to this notice as well as to the RFP document shall be
available only on following websites:
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A www.sjvn.nic.in
B https://sjvn.abcprocure.com
C www.eprocure.gov.in
As such the Consultants are advised to visit the above websites regularly before
deadline for submission of Proposal.
Any Corrigendum /Addendum thus issued shall form part of Request for proposal
document.
To give the Consultant reasonable time to take an amendment into account in their
proposals and on account of any other reasonable circumstances, SJVN may at its
discretion, extend the deadline for the submission/opening of the proposals.
2.2.3 PRE-BID Meeting
a In order to avoid clarification/confirmation after opening of Proposals, wherever
specifically mentioned in Notice Inviting Proposal, Pre-bid Meeting shall be held so
as to provide an opportunity to the participating Consultants to interact with Client
with regard to various RFP Document provisions/ specifications, before the
Proposals are submitted. In case, due to the points /doubts raised by the prospective
Consultants, any specific term & condition (which is not a part of “Standard terms
and conditions of RFP Document”) needs to be modified, then the same will be
considered for modification.
b After pre-bid meeting, the specifications & other tender conditions will be frozen.
No change in specifications and RFP Document conditions will be permissible after
bid opening. All the Consultants must ensure that their proposal is complete in all
respects and conforms to RFP Document terms and conditions, failing which their
proposals are liable to be rejected without seeking any clarifications on any
exception/deviation taken by the Consultant in their proposal.
2.3.0 Preparation of Proposals
2.3.1 Language: The Proposal (see Sub-Clause 2.1.3), as well as all related
correspondence exchanged by the Consultants and the Client and contract to be
signed with the winning Consultant, shall be written in the English language.
2.3.2 Information to the Consultants: In preparing their Proposal, Consultants are
expected to examine in detail the documents comprising the RFP. Material
deficiencies in providing the information requested may result in rejection of a
Proposal.
2.3.3 Proposals from those consultants who have not paid the Tender fee shall not be
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considered. However, Small Scale Units registered with the National Small
Industries Corporation (NSIC) under their single point Registration Scheme of the
stores /work are exempted from furnishing the cost of tender document fees and bid
security deposit. Further, Micro and Small Enterprises (MSEs) as defined in MSE
Procurement Policy issued by Department of Micro, Small and Medium Enterprises
(MSME) or registered with Central Purchase Organization or the concerned ministry
or department are also exempted from furnishing the cost of tender document fees or
bid security. They should furnish an attested scanned copy (by authorized
representative) of the valid registration NSIC/MSME Certificate /Udyog Aadhaar
Memorandum number. No other bidder is exempted from furnishing cost of tender
fee and bid security as mentioned above. Waive off of cost of RFP document and bid
security shall also be extended to any other body specified by Ministry of MSME
from time to time.
2.3.3.1 Qualifying Requirement: The consultant should meet the minimum qualifying
requirements as specified in Clause 1.6.2 of Section -1 (Detailed Notice Inviting
Proposal) for Jangi-Thopan-Powari HEP (780 MW)
2.3.3.2 Deleted without change in Sr. No.
2.3.3.3 Preparation of EIA/EMP Reports- Engagement of Experts
For this assignment, the minimum qualification and experience of each expert shall
be as per the criteria given in ‘QCI-NABET Scheme for Accreditation of EIA
Consultant Organizations’. The Consultant shall engage/associate adequate number
of core and significant functional area experts as per sector specific requirements for
River Valley Projects under QCI-NABET Scheme, alongwith the name and CV’s of
those experts.
However, the Proposal shall be based on the number of Experts staff man-months
estimated by the Consultants. Client will not be liable for additional cost
compensation in case bid proposal is based on inadequate or under-estimated staff
months.
Alternative professional staff shall not be proposed, and only one curriculum vitate
(CV) may be submitted for each position.
In addition to the routine visits/meetings required for the works/services, the Group
Leader /EIA Coordinator along with other experts if required shall attend the meeting
at the client’s discretion depending upon the requirement, at the place proposed by
the client for minimum two times during pendency of the contract and cost
whatsoever on this account shall be deemed to be included in the financial proposal.
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Each visit of the experts shall be considered to be of six days duration including
journey period.
Documents to be issued by the Consultants as part of this assignment must be in the
English language. It is desirable that the firm’s Personnel have a working knowledge
of the Client’s National language.
2.3.4 Technical Proposal Format and Content: Consultants are required to submit a Full
Technical Proposal (FTP). The Consultant shall submit the Technical Proposal in
accordance with the formats given in Section-3 of RFP document. The Technical
Proposal shall provide the information indicated in the following Para from (a) to (f)
using the attached Standard Forms (Section 3) A page is considered to be one printed
side of A4 or letter size paper.
(a) A brief description of the Consultants’ organization is required in Form TECH-
3.2of Section 3. For each assignment, the outline should indicate the names of
Sub-Consultants/ ‘Expert(s)’who participated, duration of the assignment,
contract amount, and Consultant’s involvement. Information should be provided
only for those assignments for which the Consultant was legally contracted by
his Client as a single entity. Assignments completed by individual Professional
staff working privately or through other consulting firms cannot be claimed as
the experience of the Consultant, or that of the Consultant’s associates, but can
be claimed by the Professional staff themselves in their CVs. Consultants should
be prepared to substantiate the claimed experience if so requested by the Client.
(b) A description of the approach, methodology and work plan for performing the
assignment covering the following subjects: technical approach and
methodology, work plan, and organization & staffing schedule. Guidance on the
content of this section of the Technical Proposals is provided under Form
TECH-3.4 of Section 3. The work plan should be consistent with the Work
Schedule (Form TECH-3.8 of Section 3) which will show in the form of a bar
chart the timing proposed for each activity. The number of pages recommended
for description of Methodology, approach & work plan would be in the range of
20 to 30.
( c ) The Consultant shall give the list of the proposed Experts staff team by their area
of expertise, the position that would be assigned to each staff team member, and
their tasks in Form TECH-3.5 of Section 3.
(d) The Consultant shall give the CVs of the Experts to be engaged for this
assignment in Form TECH-3.6 of Section 3.
(e) Estimates of the staff input needed to carry out the assignment (Form TECH-
3.7 of Section 3). The staff-months input should be indicated separately for
home office and field activities.
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(f) Consultant’s methodology to train and transfer the knowledge and training to
Client for operating/use of Software required in various studies stipulated above
for hydro power projects by the client or approving authority/statutory
authority.
2.3.5 Non responsiveness of Technical Proposal: The Technical Proposal shall not include
any financial information. A Technical Proposal containing financial information may
be declared non-responsive.
2.3.6 Financial Proposals:
(a) The Financial Proposal shall be prepared using the attached Standard Forms (Section
4) and Terms of Reference in Section-5 and other terms and conditions of the RFP
document.
(b) CHARGES FOR ADDITIONAL STUDIES
The lump sum price mentioned shall as per the scope of Services/Work specified in
clause 1.4.0 which include the cost of carrying out all studies that may get introduced
during the scoping clearance and Environment Clearance Process.
(c) The Consultant shall submit the financial proposal in FIN 4.2 on Lump Sum cost
covering all items in terms of RFP document inclusive of all taxes, duties and other
imposition etc. as applicable. Further, the Consultant shall submit the details of all
taxes, duties and other imposition as applicable in FIN 4.3 included in Lump Sum
Cost (FIN 4.2).
2.3.7 Taxes:
(a) All applicable taxes, income tax, duties, fees, levies, Goods & Services Tax
(GST) and other imposition etc. in connection with the execution of the contract
levied by the Govt. of India/ HP Govt. or any other local authorities on the
Consultant in accordance with the applicable law shall be borne by the
Consultant and are deemed to be included in their bid price. The Consultants
shall note that the Tax Deduction at Source (TDS) in India as per applicable law
shall be made from the payments due to the Consultants and that shall not be
reimbursed. Statutory variation in taxes and duties or levy of any new tax after
28 days prior to deadline for submission of bid will be adjusted/reimbursed
against production of documentary evidence.
(b) All taxes and duties arising outside India in connection with execution of this
contract shall be borne by Consultants if any.
(c) Any income tax, applicable on Expatriate income in client’s country (India) as per
applicable law should be included in the bid price which will not be
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reimbursable. However, proof of IT/statutory clearances in respect of Expatriate
will have to be submitted by the Consultant before raising of final bill under the
contract.
(2) The Consultant, Sub-Consultants and Personnel, and their eligible dependents,
shall follow the usual customs procedures of the Client’s country (India) in
importing property into the Client’s country(India); and
(3) If the Consultant, Sub-Consultants or Personnel, or their eligible dependents, do
not withdraw but dispose of any property in the Client’s country upon which
customs duties and taxes have been exempted or paid by the client, the
Consultant, Sub-Consultants or Personnel, as the case may be, (i) shall bear such
customs duties and taxes in conformity with the regulations of the country, or (ii)
shall reimburse them to the Client if they were paid by the Client at the time the
property in question was brought into the Client’s country.
Further, in order to comply with the necessary formalities under GST while
making payments computations of tax, invoicing, filing of returns etc. under
'Notification No.10/2017, Chapter VI, 46, Tax Invoice', invoice for goods and
services to contain following particulars namely:
(a) Name, address and GSTIN of the supplier
(b) Specific Invoice Number format
(c) Name and address of recipient
(d)Address of delivery
(e)HSN code of goods and SAC for services
(f) Description and quantity of the goods/services
(g) Value of the goods/Services
(h) Rate and amount of tax
(i) Other prescribed information
2.3.8 Non responsiveness of Financial Proposal: The Financial Proposal shall not include
any commercial or technical condition/information. A Financial proposal containing
commercial or technical condition/information may be declared non-responsive.
2.3.9 Price Bid: Bid/contract price shall remain firm and shall not be subjected to price
variation for the entire contract period.
2.3.10 Bid Security: The Consultant shall furnish, as part of his proposal, a Bid Security for
an amount of INR 60,180/-(Rs. Sixty thousand one hundred and eighty only)
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Small Scale Units registered with the National Small Industries Corporation (NSIC)
under their single point Registration Scheme of the stores /work are exempted from
furnishing the cost of tender document fees and bid security deposit. Further, Micro
and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by
Department of Micro, Small and Medium Enterprises (MSME) or registered with
Central Purchase Organization or the concerned ministry or department are also
exempted from furnishing the cost of tender document fees or bid security. They
should furnish an attested scanned copy (by authorized representative) of the valid
registration NSIC/MSME Certificate /Udyog Aadhaar Memorandum number. No
other bidder is exempted from furnishing cost of tender fee and bid security as
mentioned above. Waive off of cost of RFP document and bid security shall also be
extended to any other body specified by Ministry of MSME from time to time.
2.3.11 Payment of Bid Security: The Bid Security shall be paid Online through Credit
card/Debit card/net banking or otherwise as described under Sub-Clause 1.3.5 of
Section-I.
2.3.12 Non-responsiveness of Proposal: Any proposal not accompanied with a bid security
will be rejected by Client as non-responsive and shall not be considered.
2.3.13 Bid Security of unsuccessful Consultants: The Earnest Money of unsuccessful
Consultants will be returned as below:
(a) The Earnest Money of those Consultants, who do not qualify in Techno-commercial
evaluation shall be returned immediately (not later than 15 days) after opening the
price Bid of Techno-Commercial responsive bidders.
(b) The Earnest Money of the Consultants other than L-1 bidder, shall be returned within
28 days of issuance of Letter of Acceptance to the successful Consultant.
2.3.14 Discharge of Bid Security of successful consultant: The bid security of the
successful Consultant will be discharged when the Consultant has furnished the
required acceptable performance security and has signed the Contract Agreement.
2.3.15 Interest on Bid Security: No interest shall be paid by the Client on the Bid Security.
2.3.16 Forfeiture of Bid Security: The bid security may be forfeited:
i) if a Consultant withdraws the bid after bid opening and during the period of bid
validity or fails to confirm the availability of all experts as required in terms of Sub-
Clause ITC2.6.3under Section-2;
ii) in the case of a successful Consultant; if the Consultant fails within the specified time
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limit to:
a) sign the Agreement, or
b) furnish the required performance security, or
iii) if the Consultant engages in corrupt, fraudulent, collusive, coercive undesirable or
restrictive practices as specified in Sub-Clause 2.1.8 of ITC during bidding process.
Bid Security will be forfeited against GST invoice raised on the bidder consisting of
the basic amount forfeited under the relevant service Accounting code (SAC) and
applicable GST thereon separately.
2.4.0 Submission, Receipt, and Opening of Proposals
2.4.1 Submission and receipt of Proposals: The original proposal (Technical and Financial
Proposal in e-mode) shall contain no interlineations or overwriting, except as
necessary to correct errors made by the Consultants themselves. The person who
signed the proposal must initial such corrections. Submission letter for the Technical
and Financial Proposals in the formats enclosed in SECTION – 3 & 4 of RFP
document respectively should be uploaded on our website
https://sjvn.abcprocure.com.
2.4.2 An authorized representative of the Consultantshall fill and digitally sign the
Technical & Financial Proposal. The authorization shall be in the form of power of
attorney accompanying the Proposal.
Duly Notarized Power of Attorney must be supported with necessary documentary
evidence of the person/authority giving power of attorney like Partnership Deed,
Board Resolution, Memorandum & Articles of Association etc. indicating that the
person/authority issuing POA is authorized to issue such POA.
2.4.3 The bid proposal shall consist of following:
Technical Proposal (excludes financial proposal) (To be submitted through E-
mode only) comprising:
i) Forms TECH-3.1 to TECH-3.8 contained in SECTION-3 of RFP document.
ii) Scanned copy of Valid NSIC/MSME Certificate /Udyog Aadhaar
Memorandum number (if applicable).
iii) Self-attested document regarding legal status of the agency, place of registration
and principal place of business.
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iv) Undertaking in respect of blacklisting of Consultant in accordance with Annexure
‘A’ of Integrity Pact specified under Appendix-H of Section-6.
v) Valid accreditation for conducting EIA/EMP studies in respect of category ‘A’
River Valley /Hydro Electric Projects from Quality Council of India(QCI) –
National Accreditation Board for Education and Training (NABET) under the
scheme for accreditation of EIA consultant organization.
vi) Proof of registration with Quality Council of India (QCI)/ NABET under the
scheme of Accreditation & Registration of MoEF & CC and name shall appear in
the latest list uploaded on website of MoEF & CC.
vii) Scanned copy of Power of Attorney.
viii) Scanned copy of Integrity Pact duly signed by authorized representative of the
Consultant.
.
Financial Proposal (To be submitted through E-mode only)
Consultant has to upload the financial proposal/bid which comprises of financial
proposal forms FIN-4.1 to FIN-4.3contained in SECTION-4 of RFP document
through E-tender mode.
Submission of Document in Physical Form
The Consultant shall submit the Technical and financial proposal through e-mode.
However, the Consultant shall also submit the scanned copies of the following
documents along with technical bid through e-mode. The original of the same shall
have to be submitted on or before the specified date and time mentioned at Clause
1.2.0 of Detailed Notice Inviting Proposal in a sealed envelope through post / courier
or by hand.
I. Power of Attorney
A Power of Attorney indicating that the person(s) signing the Bid has the authority to
sign the Bid supported with necessary documentary evidence of the person/authority
giving power of attorney like Partnership Deed, Board Resolution, Memorandum &
Articles of Association etc. indicating that the person/authority issuing POA is
authorized to issue such POA and that the Bid is binding upon the Bidder during the
full period of its validity in accordance with Form Appendix-I of Section-6.
II. Copy of Valid NSIC/MSME Certificate /Udyog Aadhaar Memorandum
number (if applicable).
III. Integrity Pact duly signed by authorized representative of the Consultant.
Failing which the financial proposal will not be opened.
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2.4.4 The listed documents in physical form should be submitted to:
Chief General Manager/HOD(Civil Contracts)
Corporate Contracts Department (Civil)
SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P)
Telephone No. +91-177-2660161
Fax: +91-177-26660164
Email: [email protected]
Proposals (Technical & Financial through E-mode and the listed documents in
physical form) must be uploaded/ submitted not later than the date and time mentioned
under Clause1.2.0 of Section-1.
Technical Proposal on e-mode shall be opened at the date and time mentioned under
Clause1.2.0 of Section-1.
Date and time for opening of Financial Proposal shall be intimated separately.
2.4.5 The Client shall open the Technical Proposal on e-mode in accordance with deadline
for opening of Proposals. The Financial Proposal shall remain securely stored in the
E-tendering system.
2.5.0 Proposal Evaluation
2.5.1 Rejection of the Consultants’ Proposal & Clarifications on the Technical
Proposal: From the time the Proposals are opened to the time the Contract is
awarded, the Consultants should not contact the Client on any matter related to its
Technical and/or Financial Proposal. Any effort by Consultants to influence the Client
in the examination, evaluation, ranking of Proposals, and recommendation for award
of Contract may result in the rejection of the Consultants’ Proposal.
If required, the client may seek the clarifications on the Technical Proposal of the
Applicants. However, the same shall not affect the conditions mentioned in Sub-
Clause 2.5.6 of ITC. If the clarifications by the client are not received in stipulated
period then the evaluation shall be carried out on the basis of data already available
with the Client.
Evaluators of Technical Proposals shall have no access to the Financial Proposals
until the technical evaluation is concluded.
2.5.2 Evaluation of Technical Proposals: While evaluating the proposals, the evaluation
committee comprising of three/four senior executives of the client, shall evaluate the
proposal.
Evaluation of the Qualifying Requirements/ Responsiveness of the Proposal - initially
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it shall be seen whether the Consultant fulfills the following requirements or not
a) The bid proposal is accompanied by the requisite Cost of RFP document &
Earnest Money Deposit (EMD)/ Bid Security in accordance (xii and xiii) of
Section-1 and Sub-Clause 2.3.10 to2.3.16 of ITC respectively.
b) The proposal has been properly signed by an authorized signatory holding
legally enforceable Power of Attorney (i.e., duly notarized) in his favour in
accordance with provisions of RFP document.
c) The requirements as stipulated in Clause 1.6.0, Section -1 and Sub-Clause
2.3.3 and 2.3.3.1of ITC.
d) Undertaking in respect of blacklisting of Consultants/firms in accordance with
Appendix –H of Section-6.
The proposal shall be rejected and declared non-responsive at this stage itself if it
does not fulfill the above requirements.
2.5.3 Intimation to Technically Responsive Consultant:
After the process of technical evaluation is completed, the Client shall notify those
Consultant(s)whose technical proposals are found responsive to the RFP & TOR on
following websites:-
A www.sjvn.nic.in
B https://sjvn.abcprocure.com
C www.eprocure.gov.in
2.5.4 Public Opening of Financial Proposals: The Financial Proposal as received on E-
mode in respect of the Technically Responsive Consultant, shall be opened on E-
mode and the total prices read aloud and recorded. The Financial Proposals shall be
opened in the presence of the Consultant representatives who choose to attend.
2.5.5 Evaluation of Financial Proposals: Proposals determined to be responsive will be
checked by the Evaluation committee.
The activities and items described in the Technical Proposal but not priced, shall be
assumed to be included in the prices of other activities or items.
2.5.6 A substantially responsive Proposal is the one that meets the requirements of the RFP
document including time for completion, without material deviation or reservation or
omission. A material deviation or reservation or omission is the one which (a) affects
in any substantial way the scope, quality or performance of the Works specified in
the Contract, or (b) limits in any substantial way, inconsistent with the RFP
Document, the client’s rights or the Consultant’s obligations under the Contract, or
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(c) whose rectification would unfairly affect the competitive position of other
Consultants presenting substantially responsive Proposals.
During the evaluation of Proposals, the following definitions apply :
a) “Deviation” is a departure from the requirements specified in the RFP Document;
b)“Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirements specified in the RFP Document; and
c)“Omission” is the failure to submit part or all of the information or documentation
required in the RFP Document.
If a Proposal is not substantially responsive, it will be rejected by the Client, and may
not subsequently be made responsive by correction, alteration, modification,
substitution or withdrawal of the non-conforming deviation, condition, qualification,
or reservation.
The Client may waive any minor non-conformity or irregularity in a proposal that
does not constitute a material deviation and that does not prejudice or affect relative
ranking of any bidder.
2.6.0 Pre-Award Discussions
2.6.1 Pre-Award Discussions: Pre-Award discussions on the proposal, if required may be
held at the date and address to be notified by the client. The invited Consultant will,
as a pre-requisite for attendance at the discussions, confirm availability of all
‘Expert(s)’Failure in satisfying such requirements may result in disqualification of the
Consultant Client shall proceed to forfeit the Earnest Money Deposit (EMD) in terms
of Sub-Clause ITC2.3.16 under Section-2. Representatives conducting discussions on
behalf of the Consultant must have written authority to discuss and conclude a
Contract.
2.6.2 The Proposal: Pre-award discussions will include a discussion of the Proposal, the
proposed technical approach and methodology, work plan, and organization and
staffing. The Client and the Consultants will finalize the staffing schedule, work
schedule, logistics, and reporting. These documents will then be incorporated in the
Contract as “Description of Services” & “Reporting Requirements”. Special attention
will be paid to clearly defining the inputs and facilities required from the Client to
ensure satisfactory implementation of the assignment. The Client shall prepare
minutes of discussions which will be signed by the Client and the Consultant.
2.6.3 Availability of ‘Expert(s):
(a) Having selected the Consultant on the basis of, among other things, an evaluation
of proposed Expert(s), the Client expects to discuss a Contract on the basis of the
Expert(s)named in the Proposal. Before contract discussions, the Client will
require assurances that theExpert(s)will be actually available. The Client will not
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consider substitutions during contract discussions unless both parties agree that
undue delay in the selection process makes such substitution unavoidable or for
reasons such as death or medical incapacity. If this is not the case and if it is
established that Expert(s)were offered in the proposal without confirming their
availability, the Consultant may be disqualified and the client may proceed to
forfeit the Earnest Money Deposit (EMD) in terms of Sub-Clause ITC2.3.16
under Section-2. Any proposed substitute shall have equivalent or better
qualifications and experience than the original candidate.
(b) The Consultant shall ensure the visits of ‘Expert(s)as per man months indicated by
them in the Field in Tech-3.7, Section-3 of RFP document. The Consultant shall
obtain certificate from EIC for his ‘Expert(s)who visits the field so that Lump-
sum payments in terms ofSub-Clause6.6.1, Section 6 (II), General Conditions of
Contract in RFP document can be regulated.
2.6.4 Conclusion of the Pre-Award Discussions: Pre-award discussions will conclude with
a review of the draft Contract. To complete Pre-award discussions the Client and the
Consultant will initial the agreed Contract.
2.7.0 Award of Contract& Signing of Contract Agreement
2.7.1 Award of Contract & Contract Agreement: After completing discussions the
Client shall award the Contract to the selected Consultant and promptly notify on
SJVN’s website www.sjvn.nic.in, SJVN’s E-tender Portal
https://sjvn.abcprocure.com,and www.eprocure.gov.in. After notifying the successful
Consultant, Contract will be prepared incorporating all necessary documents which
may have a bearing on contract. The parties shall enter into Contract Agreement
within 14 days of notification issued by SJVN about the readiness of the agreement .
The contract agreement shall be based upon the form annexed in Section 6, Part I.
The cost of stamp duties and similar charges (if any) imposed by law in connection to
enter-into the Contract Agreement shall be borne by the Consultant. The Consultant
shall provide to the Client 10(Ten) of hard/spiral bound copies of the signed
agreement/documents as per the requirements and specifications of the Employer
without any extra cost to employer within 30 days of signing of the Contract
Agreement.
2.7.2 Commencement of Assignment: The Consultant is expected to commence the
assignment on the date and at the location notified by EIC.
2.7.3 Work schedule: The successful Consultant(s) for the purpose of execution of the
services, progress review and monitoring, shall submit, a detailed L-2 work schedule
and PERT network on PRIMAVERA indicating completion of all major activities in
accordance with the milestones indicated for completion of such activities in the RFP
Document for consideration and approval by the Client. This approved L-2 schedule /
network shall be pre-requisite for signing of the Contract Agreement and shall form
part of the Contract Agreement. Further the Consultant shall also submit L-3
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schedule, which is the most detailed schedule depicting all activities involved for each
of the major milestones / activities involved in L-2 schedule in consultation with the
Client for approval by the Engineer-in-Charge at the site.
2.8.0 Performance security
2.8.1 Amount of Performance Security: The Consultant within 28 (Twenty Eight) days
from the date of issue of Letter of Award shall furnish a Performance Security of an
amount equal to 5% (Five) of the Contract Price in the form of a Bank Guarantee, as
stipulated by the Client in the Contract.
2.8.2 Bank Guarantee against Performance Security: The Bank Guarantee shall be issued
by any reputed Indian Nationalized/ Scheduled Bank in India /Foreign Bank to be
routed through Indian Bank in favour of the SJVN, Shimla. The Bank Guarantee shall
be on the enclosed proforma at Appendix-G of Section-6.
The original BG against Performance Security should be sent by the Bank to
SJVN Limited directly under Regd. Post (A.D.). However, in exceptional cases,
where the original BG against performance security is handed over to the
Consultant by the issuing bank/branch, the Consultant shall ensure that an un-
stamped duplicate copy of the BG against performance Security has been sent
immediately by the issuing bank/branch under Regd. Post (A.D.) directly to
SJVN Ltd.
2.8.3 DELETED without change in Sr. No.
2.8.4 Validity of Performance Security: The performance security shall remain valid for
period of 180 Days after completion period of contract.
2.8.5 Coverage of Performance Security: It is expressly understood and agreed that the
performance security is intended to secure the performance of entire contract. It is
also expressly understood and agreed that the performance security is not to be
construed to cover any damages detailed / stipulated in various clauses in the Contract
document.
2.8.6 Discharge of Performance Security: The performance security will be discharged by
SJVN and returned to the Consultants not later than 6 (six) months following the date
of completion of the Consultant’s obligations, under the contract.
2.8.7 Termination of Contract: If Bank Guarantee for Performance Security is not found as
per format, Appendix-G of Section-6 and/ or not amended as per requirement of
SJVN, then contract as entered-into with SJVN shall be liable for termination.
2.8.8 Extension of BG of Performance Security: Should the contract period, for whatever
reason be extended, the Consultant, shall at his own cost, get the validity period of
SJVN Ltd.
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Bank Guarantee in respect of Performance Security furnished by him extended and
shall furnish the extended / revised Bank Guarantee to SJVN before the expiry date of
the Bank Guarantee originally furnished.
2.8.9 Forfeiture of Performance Security: In the event of forfeiture of Performance
Security, GST as per prevailing rates shall be charged extra on the Performance
security.
2.9.0 Confidentiality
2.9.1 Information relating to evaluation of Proposals and recommendations concerning
awards shall not be disclosed to the Consultants who have submitted the Proposals or
to other persons not officially concerned with the process, until the publication of the
award of Contract. The undue use by any Consultant of confidential information
related to the process may result in the rejection of its Proposal and may be subject to
the provisions of the Client’s anti- fraud and corruption policy.
2.10.0 Special Terms & Conditions
a) The EIA/EMP report should contain the information in accordance with provisions and stipulations as given in approved TOR.
b) Consultant shall fill application on the prescribed form online for TOR and shall present
the proposal before EAC at the time of issue of TOR/Scoping Clearance.
c) Further, consultant shall fill application on the prescribed form online for Environment
Clearance. SJVN will assist the consultant during the process. d) Consultant shall include a “Certificate” in EIA/EMP report regarding portion of
EIA/EMP prepared by them and data provided by other organization (s)/laboratories including status of approval of such laboratories.
e) The draft EIA/EMP report prepared as per the approved TOR should be submitted to the
State Pollution Control Board Committee concerned for conducting Public Consultation as per the provisions stipulated in EIA Notification of 2006. Public Hearing, which is a component of Public Consultation, shall be held district wise at the site or in its close proximity as prescribed in Appendix (IV) of EIA Notification, 2006. Copies of draft EIA/EMP reports are to be submitted to SPCB, etc. sufficiently before the expiry of the
TOR validity so that necessary amendments in EIA/EMP can be undertaken based on Public Hearing and the same is submitted to MoEF&CC before expiry of validity. Consultant to make presentation of finding/suggestion in EIA/EMP report during Public Hearing.
f) Subject experts on Biodiversity, Fisheries, Ornithology, Disaster Management Plan,
sociology, etc. along with the EIA coordinator at the end of consultant should be present to defend multidisciplinary queries from members of the EAC during EAC meetings.
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41 Consultancy services for Environment Clearance of JTP HEP
g) All issues discussed in the Public hearing/consultations should be addressed and
incorporated in the EIA/EMP report by the consultant. Final EIA/EMP report should be submitted to the Ministry for Environment Clearance only after incorporating these issues before the expiry of validity of TOR.
h) The approved TOR remains valid for a period of 4 years from the date of its issue for
submission of EIA/EMP report along with public consultation. i) In case of any change in the scope of the project such a capacity enhancement, shifting of
dam site, change in submergence, etc. fresh Scoping Clearance has to be obtained by SJVN. Consultant to assist in the process for online application and filling up of the requisite forms provided by MoEF&CC.
j) Information pertaining to Corporate Environmental Responsibility and Environmental
Policy shall be provided in the EIA/EMP report as per MoEF&CC OM NO. J-11013/25/20-14-IA-I, August 11, 2014.
k) The EIA/EMP report must contain an index showing details of compliance of all TOR
conditions. The Index will comprise of page no., topic covered, etc., vide which compliance of a specific TOR is available. The Index should be in line with TOR obtained. It may be noted that without this index, EIA/EMP report will not be accepted by MoEF&CC.
l) In case the validity is to be extended, necessary application is to be submitted to
MoEF&CC before expiry of validity period along with duly filled-up form as prescribed
by MoEF&CC. Consultant to assist in the process. m) Consultant shall adhere to/comply with any newly introduced condition/requirement
imposed by MoEF&CC/EAC during the entire EC process. n) Period/time taken for providing information to consultant shall not be accounted for
evaluating LD (Liquidation Damages).
42 Consultancy services for Environment Clearance of JTP HEP
SECTION-3
TECHNICAL PROPOSAL –
STANDARD FORMS
SJVN Ltd.
Section-3 Technical Proposal
Environment Clearance of JTP HE Project
43 Consultancy services for Environment Clearance of JTP HEP
Section 3
Technical Proposal - Standard Forms
TECH-3.1 Technical Proposal Submission Form
TECH-3.2 Consultant’s Organization
TECH-3.3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and
Facilities to be provided by the Client (NOT APPLICABLE)
A On the Terms of Reference
B On the Counterpart Staff and Facilities
TECH-3.4 Description of the Approach, Methodology and Work Plan for Performing the
Assignment
TECH-3.5 Team Composition and Task Assignments
TECH-3.6 Curriculum Vitae (CV) for Proposed ‘Expert(s)
TECH-3.7 Staffing Schedule
TECH-3.8 Work Schedule
SJVN Ltd.
Section-3 Technical Proposal
Environment Clearance of JTP HE Project
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Form TECH-3.1
TECHNICAL PROPOSAL SUBMISSION FORM
{Insert Location, Date}
To:
Chief General Manager/HOD(Contracts)
Corporate Contracts Department (Civil)
SJVN Corporate Office Complex, Shanan, Shimla-171006, India.
Telephone No. +91-177-2660161
Fax: +91-177-2660164
Email: [email protected]
Dear Sirs:
We, the undersigned, offer to provide the consulting services for {Insert title of assignment} in
accordance with your Request for Proposal dated {Insert Date} and our Proposal. We are hereby
submitting our Proposal, which includes this Technical Proposal and Financial Proposal through E-
Tendering.
We hereby declare that all the information and statements made in this Proposal are true and accept that
any misinterpretation contained in it may lead to our disqualification.
Our Technical Proposal shall be binding upon us subject to expiration of the validity period of the
Proposal as indicated in Sub-clause 2.1.12 of ITC.
We undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not
later than the date as perSub-Clause2.7.2 of ITC.
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Name and Title of Signatory:
Name of Firm:
Address:
Seal of the Firm__________________________________________
SJVN Ltd.
Section-3 Technical Proposal
Environment Clearance of JTP HE Project
45 Consultancy services for Environment Clearance of JTP HEP
FORM TECH-3.2
CONSULTANT’S ORGANIZATION
{Provide here a brief (two pages) description of the background and organization of your
firm/entity for this assignment.}
SJVN Ltd.
Section-3 Technical Proposal
Environment Clearance of JTP HE Project
46 Consultancy services for Environment Clearance of JTP HEP
Form 3.3
NOT APPLICABLE
SJVN Ltd.
Section-3 Technical Proposal
Environment Clearance of JTP HE Project
47 Consultancy services for Environment Clearance of JTP HEP
FORM TECH -3.4
DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE
ASSIGNMENT
[Technical approach, methodology and work plan are key components of the Technical
Proposal. You are suggested to present your Technical Proposal (20 to 30 pages, inclusive of
charts and diagrams) divided into the following three chapters for consultancy on prior
Environment Clearance including studies/investigation works:
a) Technical Approach and Methodology,
b) Work Plan, and
c) Organization and Staffing,
a) Technical Approach and Methodology. In this chapter you should explain your
understanding of the objectives of the assignment, approach to the services, methodology for
carrying out the activities and obtaining the expected output, and the degree of detail of such
output. You should highlight the problems being addressed and their importance, and explain the
technical approach you would adopt to address them. You should also explain the methodologies
you propose to adopt and highlight the compatibility of those methodologies with the proposed
approach.
b) Work Plan. In this chapter you should propose the main activities of the assignment, their
content and duration, phasing and interrelations, milestones (including interim approvals by the
Client), and delivery dates of the reports. The proposed work plan should be consistent with the
technical approach and methodology, showing understanding of the TOR and ability to translate
them into a feasible working plan. A list of the final documents, including reports, drawings, and
tables to be delivered as final output, should be included here. The work plan should be
consistent with the Work Schedule of Form TECH-3.8.
c) Organization and Staffing. In this chapter you should propose the structure and composition
of your team. You should list the main disciplines of the assignment, the key expert responsible,
and proposed specialist and support staff.]
48 Consultancy services for Environment Clearance of JTP HEP
FORM TECH-3.5
TEAM COMPOSITION AND TASK ASSIGNMENTS
For obtaining Environment Clearance of JTP HEP (780 MW)
Note: Experts here would mean EIA coordinators (EC) and functional area experts (FAE).
Name of Experts Firm Position Assigned Task Assigned
49 Consultancy services for Environment Clearance of JTP HEP
FORM TECH-3.6
CURRICULUM VITAE (CV) FOR PROPOSED ‘EXPERT(S)
1. Proposed Position [only one candidate shall be nominated for each position]:
2. Name of Firm [Insert name of firm proposing the staff]:
3. Name of Staff [Insert full name]:
4. Date of Birth: Nationality:
5. Education [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and the year of
qualification]:
6. Membership of Professional Associations:
7. Specific Training [Indicate significant training since degrees under Sr. No 5 - Education were obtained]:
8. Work Experience: [Number of similar projects carried out, total number of years of professional experience etc]:____
i) List number of similar Projects along with description & countries where these works were carried out.
ii) List total number of years of related professional experience.
iii) List number of Projects in Himalayan Region along with description & countries.
9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:
10.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]:
50 Consultancy services for Environment Clearance of JTP HEP
Employer:
Positions held:
11. Detailed Tasks Assigned
[List all tasks to be
performed under this
assignment]
12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned
[Among the assignments in which the staff has been involved, indicate the following information for those assignments
that best illustrate staff capability to handle the tasks listed under point 11.]
Name of assignment or project:
Year:
Location:
Client:
Main project features:
Positions held:
Activities performed:
13. Number & details of Publications: ________________________________________
14. Certification:
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 wilful misstatement described herein may lead to my disqualification or dismissal, if engaged.
Date:
[Name of staff member] Day/Month/Year
51 Consultancy services for Environment Clearance of JTP HEP
FORM TECH-3.7 STAFFING SCHEDULE1
For obtaining Environment Clearance of
JTP HEP, (780 MW)
No Name of Staff
Staff input (in the form of a bar chart)2
Total staff-month input
1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total
‘Expert(s)’
1 [Home]
[Field]
2 [Home]
[Field]
3 [Home]
[Field]
[Home]
n [Field]
1 The input for ‘Expert(s)’should be indicated individually;
2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.
3 Field work means work carried out at a place other than the Consultant's home office.
52 Consultancy services for Environment Clearance of JTP HEP
FORM TECH-3.8 WORK SCHEDULE
For obtaining Environment Clearance
JTP HEP, (780 MW)
No Activity1 Months2
1 2 3 4 5 6 7 8 9 10 11 12 n
1
2
3
4
5
6
7
8
n
1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and
other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks
separately for each phase.
2 Duration of activities shall be indicated in the form of a bar chart.
53 Consultancy services for Environment Clearance of JTP HEP
SECTION-4
FINANCIAL PROPOSAL STANDARD FORMS
54 Consultancy services for Environment Clearance of JTP HEP
Section 4
Financial Proposal - Standard Forms
[Comments in brackets [ ] provide guidance to the Consultants for the preparation of their Financial
Proposals; they should not appear on the Financial Proposals to be submitted.]
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided under Sub-Clause. 2.3.6 of Section 2.
FIN-4.1 Financial Proposal Submission Form
FIN-4.2 Lump Sum Cost
FIN-4.3 Detail of taxes/duties included in lump sum cost
Note: attached separately (to be filled in financial bid & not to be opened with technical Bid)
55 Consultancy services for Environment Clearance of JTP HEP
FORM FIN-4.1 FINANCIAL PROPOSAL SUBMISSION FORM
(ONLY TO BE UPLOADED WITH FINANCIAL BID/FORMS STRICTLY)
{Insert Location, Date}
To:
SJVN Corporate Office Complex, Shanan,Shimla-171006, India.
Corporate Contracts Department (Civil)
Telephone No. +91-177-2660161
Fax: +91-177-2660164
Email: [email protected]
Respected Sir:
We, the undersigned, offer to provide the consulting services for {Inserttitle of assignment} in accordance with
your Request for Proposal dated {Insert Date} and our Technical Proposal. Our Financial Proposal is for the
sum of {Insert amount(s) in words and figures1}. This amount is inclusive of all the taxes, duties and other
impositions etc as stipulated in the RFP document.
Our Financial Proposal shall be binding upon us subject to expiration of the validity period of the Proposal as
indicated in Sub-clause 2.1.12 of ITC.
“No commissions or gratuities have been or are to paid by us to agents relating to this Proposal and Contract
execution.”
We understand you are not bound to accept any Proposal you receive.
We remain,
Yours sincerely,
Name and Title of Signatory:
Name of Firm:
Address:
Seal of Firm:______________________________________________
1. Amount(s) must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-4.2.
56 Consultancy services for Environment Clearance of JTP HEP
FORM FIN-4.2 LUMP SUM COST
(ONLY TO BE UPLOADED WITH FINANCIAL BID/FORMS STRICTLY)
SR. NO. ITEM Lump Sum Cost Covering all Items in
Terms of RFP Document Inclusive of All
Taxes including GST, Duties And Other
Impositions etc. as Applicable
(AMOUNT IN INR)
TOTAL
1. Consultancy Services for
Environment Clearance of
JTP HEP.
Grand Total
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FORM FIN-4.3
DETAIL OF TAXES INCLUDING GST/DUTIES INCLUDED IN LUMP SUM COST
IN FIN 4.2
(ONLY TO BE UPLOADED WITH FINANCIAL BID/FORMS STRICTLY)
Nature of
Taxes/Duties
Amount(s) on which
taxes/duties as
applicable has been
considered in the bid
Rate(s) of taxes/duties as
considered on the
amounts indicated in fin
4.2
Amount of taxes/Duties
as considered on the
amount under col. 2
Col.1 Col.2 Col.3
Col.4
Grand Total
60 Consultancy services for Environment Clearance of JTP HEP
SECTION- 6
PART-I - STANDARD FORM OF CONTRACT
PART-II - GENERAL CONDITIONS OF
CONTRACT
PART-III - SPECIAL CONDITIONS OF CONTRACT
AND
PART-IV - APPENDICES
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SECTION - 6
Form of Contract, General Conditions, Special Conditions and Appendices
CONTENTS
Part
Description Page
No.
I Form of Contract 63
II General Conditions of Contract 65
6.1.0 General provisions 65
6.1.1 Definitions 65
6.1.2 Law Governing Contract 66
6.1.3 Language 66
6.1.4 Notices 66
6.1.5 Location 66
6.1.6 Authority of Member in Charge 66
6.1.7 Authorized Representatives 67
6.1.8 Taxes and Duties 67
6.1.9 Fraud and Corruption 68
6.2.0 Commencement, Completion, Modification and Termination of Contract 69
6.2.1 Effectiveness of Contract 69
6.2.2 Commencement of Services 69
6.2.3 Expiration of Contract 69
6.2.4 Modification or Variations 69
6.2.5 Force Majeaure 69
6.2.6 Termination 70
6.3.0 Obligations of the Consultant 71
6.3.1 General 71
6.3.2 Conflict of Interests 71
6.3.3 Confidentiality 72
6.3.4 Insurance to be taken out by Consultant 72
6.3.5 Consultant actions requiring Client’s prior approval 73
6.3.6 Reporting obligations 73
6.3.7 Documents prepared by the Consultant to be the property of the Client 74
6.3.8 Accounting, Inspection and Auditing 74
6.3.9 Assistance for Clearances 75
6.4.0 Consultant’s Personnel 75
6.4.1 Description of Personnel 75
6.4.2 Removal and/or Replacement of Personnel 75
6.5.0 Inputs to the Consultant 76
6.6.0 Payments to the Consultant 76
6.6.1 Lump sum Payment 76
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6.6.2 Contract price 76
6.6.3 Payment for Additional Services 76
6.6.4 Terms & Conditions of Payment 76
6.6.5 Interest and Delayed Payments 77
6.7.0 Good Faith 78
6.8.0 Settlement of Disputes 78
6.8.1 Amicable Settlement 78
6.8.2 Dispute Resolution 78
6.9.0 Delay in Services 80
6.10.0 Limitation of liability 82
III Special Conditions of Contract 83
IV Appendices
Appendix A : Description of Services
Appendix B : Reporting Requirements
Appendix C : ‘Expert(s)’
Appendix E : Services and Facilities Provided by the Client
Appendix F : Form of Bid Security (Not applicable)
Appendix G : Form of Performance Security
Appendix H : Integrity Pact
Appendix I : Form for Power of Attorney
Appendix J : R.T.G.S. Form
86
87
89
91
91
93
96
112
114
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I. Form of Contract
This CONTRACT (hereinafter called the “Contract”) is made the {day} day of the month of
{month}, {year}, between, on the one hand, {name of client} (hereinafter called the “Client”) and,
on the other hand, {name of Consultant} (hereinafter called the “Consultant”).
WHEREAS
(a) the Client has requested the Consultant to provide certain consulting services as
defined in this Contract (hereinafter called the “Services”);
(b) the Consultant, having represented to the Client that it has the required
professional skills, and personnel and technical resources, has agreed to provide
the Services on the terms and conditions set forth in this Contract;
NOW THEREFORE the parties hereto hereby agree as follows:
1. The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a) The General Conditions of Contract;
(b) The Special Conditions of Contract;
(c) Additional clauses;
(d) The following Appendices:
Appendix A : Description of Services.
Appendix B : Reporting Requirements.
Appendix C : Key Personnel and Sub-Consultants.
Appendix D : Breakdown of Contract Price in Local Currency.(NOT
APPLICABLE)
Appendix E : Services and Facilities Provided by the Client.
Appendix F : Form of Bid Security. .(NOT APPLICABLE)
Appendix G : Form of Performance Security
Appendix H : Undertaking regarding blacklisting
Appendix I : Form for Power of Attorney
Appendix J : R.T.G.S. Form
(e) Consultant proposal/RFP Document
(f) Any other correspondence/corrigendum/addendum etc
2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in
the Contract, in particular:
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(a) the Consultants shall carry out the Services in accordance with the provisions of
the Contract; and
(b) the Client shall make payments to the Consultants in accordance with the
provisions of the Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.
For and on behalf of [name of Client]
[Authorized Representative]
[Seal of the client]
For and on behalf of [name of Consultant]
[Authorized Representative]
[Seal of the client]
[Note: If the Consultant consists of more than one entity, all these entities should appear as
signatories, e.g., in the following manner:]
For and on behalf of each of the Members of the Consultant
[name of member]
[Authorized Representative]
[Seal of the client]
[Name of member]
[Authorized Representative]
[Seal of the client]
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II. General Conditions (GC) of Contract
6.1.0General Provisions
6.1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:
(a) “Applicable Law” means the laws and any other instruments having the force of law in
India.
(b) “Consultant” means any single entity (i.e. legal representative, successor, assigns) that
may provide or provides the Services to the Client under the Contract.
(c) “Contract” means the Contract signed by the Parties and all the attached documents
listed in Part Iof Section 6 (Form of Contract) that is the General Conditions of
Contract (GCC), the Special Conditions of Contract (SCC), Appendices etc.
(d) “Contract Price” means the price to be paid for the performance of the Services, in
accordance with Clause (GCC)6.6.0;
(e) “Effective Date” means the date on which this Contract comes into force and effect
pursuant to Sub-Clause GCC 6.2.1.
(f) “Foreign Currency” means any currency other than the currency of client’s country
(India).
(g) “GCC” means these General Conditions of Contract.
(h) “Government” means the Government of India and Govt. of Himachal Pradesh, as the
case may be.
(i) “Local Currency” means the currency of the client’s country (Indian Rupee).
(j) “Member” means any of the entities that make up the consortium/association, and
“Members” means all these entities.
(k) “Party” means the Client or the Consultant, as the case may be, and “Parties” means
both of them.
(l) “Personnel” means persons hired by the Consultant or by any Sub-Consultants and
assigned to the performance of the Services or any part thereof.
(m) “SCC” means the Special Conditions of Contract by which the GC may be amended or
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supplemented.
(n) “Services” means the work to be performed by the Consultant pursuant to this Contract,
as described in Appendix-A hereto.
(o) “Sub-Consultants” means any person or entity to whom /which the Consultant
subcontracts any part of the Services.
(p) “In writing” means communicated in written form with proof of receipt.
(q) EIA, EMP means Environment Impact Assessment Study& Environment Management
Plan respectively.
(r) “Client” means SJVN Limited having its registered office at SJVN Corporate Office
Complex, Shanan, Shimla-171006 (H.P.),, India and includes its legal representative,
successor and assigns.
(s) “Engineer-In-Charge (EIC) means the Officer nominated by the Employer (as per SCC)
or its duly authorized representative to direct, supervise and be in charge of the works
for the purpose of this contract”.
6.1.2 Law Governing Contract
Unless otherwise hereinafter provided, this contract shall be construed, interpreted and
governed by laws of India. The laws applicable to the Contract shall be the laws in force in
India. High Court of Himachal Pradesh shall have exclusive Jurisdiction for
adjudication upon the dispute arising out of the contract between the parties.
6.1.3 Language
This Contract has been executed in the language specified in the SCC, which shall be the
binding and controlling language for all matters relating to the meaning or interpretation of
this Contract.
6.1.4 Notices
6.1.4.1 Any notice, request or consent required or permitted to be given or made pursuant to
this Contract shall be in writing. Any such notice, request or consent shall be deemed
to have been given or made when delivered in person to an authorized representative
of the Party to whom the communication is addressed, or when sent to such Party at
the address specified in the SC.
6.1.4.2 A Party may change its address for notice hereunder by giving the other Party notice
in writing of such change to the address specified in the SCC.
6.1.5 Location
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The Services shall be performed at such locations as are specified in Appendix-A hereto and,
where the location of a particular task is not so specified, at such locations, whether in the
Government’s country or elsewhere, as the Client may approve.
6.1.6 Deleted without change in Sr. No.
6.1.7 Authorized Representatives
Any action required or permitted to be taken, and any document required or permitted to be
executed under this Contract by the Client or the Consultant may be taken or executed by the
officials specified in the SCC.
6.1.8 Taxes and Duties
1 (a) All applicable taxes, income tax, duties, fees, levies, Goods & Services Tax
(GST)and other imposition etc. in connection with the execution of the contract
levied by the Govt. of India/ HP Govt. or any other local authorities on the
Consultant in accordance with the applicable law shall be borne by the Consultant
and are deemed to be included in their bid price. The Consultants shall note that
the Tax Deduction at Source (TDS) in India as per applicable law shall be made
from the payments due to the Consultants and that shall not be reimbursed.
Statutory variation in taxes and duties or levy of any new tax after 28 days prior to
deadline for submission of bid will be adjusted/reimbursed against production of
documentary evidence.
(b) All taxes and duties arising outside India in connection with execution of this
contract shall be borne by Consultants if any.
(c) Any income tax, applicable on Expatriate income in client’s country (India) as per
applicable law should be included in the bid price which will not be reimbursable.
However, proof of IT/statutory clearances in respect of Expatriate will have to be
submitted by the Consultant before raising of final bill under the contract.
(2) The Consultant, Sub-Consultants and Personnel, and their eligible dependents, shall
follow the usual customs procedures of the Client’s country (India) in importing
property into the Client’s country(India); and
(3) If the Consultant, Sub-Consultants or Personnel, or their eligible dependents, do not
withdraw but dispose of any property in the Client’s country upon which customs
duties and taxes have been exempted or paid by the client, the Consultant, Sub-
Consultants or Personnel, as the case may be, (i) shall bear such customs duties
and taxes in conformity with the regulations of the country, or (ii) shall reimburse
them to the Client if they were paid by the Client at the time the property in
question was brought into the Client’s country.
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Further, in order to comply with the necessary formalities under GST while
making payments computations of tax, invoicing, filing of returns etc. under
'Notification No.10/2017, Chapter VI, 46, Tax Invoice', invoice for goods and
services to contain following particulars namely:
(a) Name, address and GSTIN of the supplier
(b) Specific Invoice Number format
(c) Name and address of recipient
(d) Address of delivery
(e) HSN code of goods and SAC for services
(f) Description and quantity of the goods/services
(g) Value of the goods/Services
(h) Rate and amount of tax
(i) Other prescribed information
6.1.9 Fraud and Corruption
It is the Client’s policy to require that Consultants observe the highest standard of ethics
during the selection and execution of such contracts. In pursuance of this policy, the Client:
6.1.9.1 Definitions
(a) defines, for the purpose of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, receiving, or soliciting, directly or indirectly,
of anything of value to influence the action of a public official in the selection
process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to
influence a selection process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two or more
consultants, with or without the knowledge of the Client, designed to establish
prices at artificial, noncompetitive levels;
(iv) “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;
6.1.9.2 Measures to be Taken
(b) will cancel the contract if it determines at any time that representatives of the Consultant
or Consultants were engaged in corrupt, fraudulent, collusive or coercive practices
during the selection process or the execution of that contract;
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(c) will sanction a Consultant, including declaring the Consultant ineligible, either
indefinitely or for a stated period of time, to be awarded a contract if it at any time
determines that the Consultant has, directly or through an agent, engaged in corrupt,
fraudulent, collusive or coercive practices in competing for, or in executing contract;
6.1.9.3 Commissions and Fees
(d) Will require the successful Consultant to disclose any commissions or fees that may
have been paid or are to be paid to agents, representatives, or commission agents with
respect to the selection process or execution of the contract. The information disclosed
must include at least the name and address of the agent, representative, or commission
agent, the amount and currency, and the purpose of the commission or fee.
6.2.0 Commencement, Completion, Modification and Termination of Contract
6.2.1 Effectiveness of Contract
This Contract shall come into effect from the date as notified by EIC.
6.2.2 Commencement of Services
The commencement of Consultancy services shall be from the date as notified by EIC.
6.2.3 Expiration of Contract
Unless terminated earlier pursuant to Sub-Clause GC 6.2.6 hereof, this contract shall expire at
the end of 600 days from the date as notified by EIC or till such extended period for
services/works completion as per RFP document.
6.2.4 Modifications or Variations
Deleted without Change in Sr. No.
6.2.5 Force Majeure
6.2.5.1 Definition
a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the
reasonable control of a Party and which makes a Party’s performance of its obligations
under the Contract impossible or so impractical as to be considered impossible under
the circumstances and includes, but is not limited to war, riots, civil disorder,
earthquake, fire explosion, storm, flood or other adverse weather conditions, strikes,
lockouts or other industrial action (except where such strikes, lockouts or other
industrial action are within the power of the Party invoking Force Majeure to prevent),
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confiscation or any other action by government agencies.
b) Force Majeure shall not include:
i) any event which is caused by the negligence or intentional action of a Party or agents or
employees,
ii) Any event which a diligent Party could reasonably have been expected to take into
account at the time of the conclusion of this Contract and avoid or overcome in the
carrying out of its obligations hereunder.
c) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.
6.2.5.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations under the contract shall not be considered
to be a breach of, or default under, this Contract insofar as such inability arises from an event
of Force Majeure, provided that the Party affected by such an event (a) has taken all
reasonable precautions, due care and reasonable alternative measures in order to carry out the
terms and conditions of this Contract, and (b) has informed the other Party as soon as possible
about the occurrence of such an event.
6.2.5.3 Extension of Time
a) Any period within which a Party shall, pursuant to this Contract, complete any action
or task, shall be extended for a period equal to the time during which such Party was
unable to perform such action as a result of Force Majeure.
b) In case there is delay on the part of Client for providing the data/reports (as per scope
of Client, if any), the consultant will not be entitled for any kind of cost compensation
whatsoever on account of delays and Client shall not entertain any claim in this
regard. However, consultant shall be entitled for Extension of Time (EOT) without
any cost compensation and this EOT shall be determined by Engineer-in-Charge (EIC)
based on the delays on the part of Client.
6.2.5.4 Payments
During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultant shall be entitled to continue to be paid under the terms of this
Contract, during such period for the purposes of the Services and in reactivating the Service
after the end of such period.
6.2.6 Termination
6.2.6.1 By the Client
The Client may terminate this Contract in case of the occurrence of any of the events
specified in Paragraphs (a) to (e) of this Clause. In such an occurrence the Client shall give
not less than thirty (30) days’ written notice of termination to the Consultant, and sixty (60)
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days’ in the case of the event referred to in (e).
(a) If the Consultant does not remedy a failure in the performance of their obligations under
the Contract, within thirty (30) days after being notified or within any further period as
the Client may have subsequently approved in writing.
(b) If the Consultant becomes insolvent or bankrupt.
(c) If the Consultant, in the judgment of the Client has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
(d) If, as the result of Force Majeure, the Consultant are unable to perform a material
portion of the Services for a period of not less than sixty (60) days.
(e) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate
this Contract without any liability to Client and no claim in this regard will be
entertained.
6.2.6.2 By the Consultant
The Consultants may terminate this Contract, by not less than thirty (30) days’ written notice to
the Client, such notice to be given after the occurrence of any of the events specified in
Paragraphs (a) to (b) of this Sub-Clause GC 6.2.6.2:
(a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not
subject to dispute pursuant to Clause GC 6.6.0 hereof within forty-five (45) days after
receiving written notice from the Consultant that such payment is overdue.
(b) If, as the result of Force Majeure, the Consultant is unable to perform a material portion
of the Services for a period of not less than sixty (60) days.
6.2.6.3 Payment upon Termination
Upon termination of this Contract pursuant to Sub-Clauses GC 6.2.6.1 or GC 6.2.6.2, the Client
shall make the following payments to the Consultant:
(a) payment pursuant to Clause GC 6.6.0 for Services satisfactorily performed prior to the
effective date of termination;
(b) except in the case of termination pursuant to Paragraphs (a) through (c), and (e) of Sub-
Clause GC 6.2.6.1, reimbursement of any reasonable cost incident to the prompt and
orderly termination of the Contract, including the cost of the return travel of the Personnel
and their eligible dependents.
6.3.0 Obligations of the Consultant
6.3.1 General
The Consultant shall perform the Services and carry out their obligations hereunder with all due
diligence, efficiency and economy, in accordance with generally accepted professional standards
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and practices, and shall observe sound management practices, and employ appropriate
technology and safe and effective equipment, machinery, materials and methods. The
Consultant shall always act, in respect of any matter relating to this Contract or to the Services,
as faithful advisers to the Client, and shall at all times support and safeguard the Client’s
legitimate interests in any dealings with Sub-Consultants or third Parties.
6.3.2 Conflict of Interests
The Consultant shall hold the Client’s interests Paramount, without any consideration for future
work, and strictly avoid conflict with other assignments or their own corporate interests.
6.3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.
The payment of the Consultant pursuant to Clause GC 6.6.0 shall constitute the Consultant’s
only payment in connection with this Contract or the Services, and the Consultant shall not
accept for their own benefit any trade commission, discount, or similar payment in connection
with activities pursuant to this Contract or to the Services or in the discharge of their obligations
under the Contract, and the Consultant shall use their best efforts to ensure that the Personnel,
any Sub-Consultants, and agents of either of them similarly shall not receive any such additional
payment.
6.3.2.2 Consultant and Affiliates Not to be Otherwise Interested in Project
The Consultant agrees that, during the term of this Contract and after its termination, the
Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and any
entity affiliated with such Sub-Consultants, shall be disqualified from providing goods, works or
services (other than consulting services) resulting from or directly related to the Consultant’s
Services for the preparation or implementation of the project.
6.3.2.3 Prohibition of Conflicting Activities
The Consultant shall not engage, and shall cause their Personnel as well as their Sub-Consultants
and their Personnel not to engage, either directly or indirectly, in any business or professional
activities which would conflict with the activities assigned to them under this Contract.
6.3.3 Confidentiality
Except with the prior written consent of the Client, the Consultant and the Personnel shall not at
any time communicate to any person or entity any confidential information acquired in the
course of the Services, nor shall the Consultant and the Personnel make public the
recommendations formulated in the course of, or as a result of, the Services. Non compliance of
above shall be considered as a breach of contract and shall result into termination of contract by
the client.
6.3.4 Insurance to be Taken Out by the Consultant
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Deleted
6.3.5 Consultant’s Actions Requiring Client’s Prior Approval
The Consultant shall obtain the Client’s prior approval in writing before taking any of the
following actions:
(a) entering into a subcontract for the performance of any part of the Services,
(b) appointing such members of the Personnel not listed by name in Appendix-C, and
(c) any other action that may be specified in the SC.
6.3.6 Reporting Obligations
(a)As a part of Contract, the consultant shall at his cost provide to SJVN number of copies of
various reports duly bound in presentable form along with its soft copy on CD in editable format
(DOC, XLS, DWG etc.) at different stages as per the following details.
S.N Activity Number of copies to
be given
1. Submission of inception report- First progress
report. 2 copies
2.
Submission of report on measurement and analysis
of first season primary and secondary data- Second
progress report.
2 copies
3.
Submission of report on measurement and analysis
of second season primary and secondary data –
Third progress report.
2 copies
4. Submission of draft comprehensive EIA/EMP report
incorporating all season data and executive summary
in English as well as local vernacular language for
conduct of public hearing.
A total of 20 copies
of EIA/EMP report
and 50 copies each
(in both English and
Vernacular language,
25 English, rest
Vernacular) of
executive summary
for conducting public
hearing.
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5. Submission of final EIA/EMP report after including
the public hearing issues along with their addressal
to MoEF&CC for Environment Clearance.
A total of 8 copies of
EIA/EMP report and
20 copies each of
executive summary
after incorporating
and adding relevant
issues raised during
Public Hearing for
environment
clearance.
6. Submission of final EIA/EMP report and executive
summary in English and local vernacular language
after grant of environment clearance by Statutory
bodies.
A total of 20 copies
of Final EIA/EMP
report and 20 copies
each of final
executive summary,
both in English and
local Vernacular
language, within 30
days after grant of
Environmental
clearance.
(b) Reports in hard form and soft form (in editable format- DOC, XLS, DWG, etc.) shall be
delivered at EIC’s address or at any other address as deemed fit by EIC..
(c) The Consultant shall also provide all the raw data collected in the field for baseline
studies w.r.t. terrestrial and aquatic flora and fauna, air water, noise demography and
socio-economic status and all other parameters based on which inferences have been
drawn in the EIA report.
6.3.7 Documents Prepared by the Consultant to be the Property of the Client
(a) All plans, drawings, specifications, designs, reports, other documents and software
submitted by the Consultant under this Contract shall become and remain the property of
the Client, and the Consultant shall, not later than upon termination or expiration of this
Contract, deliver all such documents to the Client, together with a detailed inventory
thereof.
(b) The Consultant may retain a copy of such documents and software. The consultants shall
not use these documents for purpose unrelated to this contract without the prior written
approval of the client.
6.3.8 Accounting, Inspection and Auditing
SJVN Ltd.
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The Consultant (i) shall keep accurate and systematic accounts and records in respect of the
Services hereunder, in accordance with internationally accepted accounting principles and in
such form and detail as will clearly identify all relevant time changes and costs, and the bases
thereof, and (ii) shall periodically permit the Client or its designated representative and up to two
years from the expiration or termination of this Contract, to inspect the same and make copies
thereof as well as to have them audited by auditors appointed by the Client if so required by the
Client as the case may be.
6.3.9Assistance for clearances
The consultant would also be required to make presentations and defend the project and assist
SJVN in the process of obtaining the requisite clearances from the Ministry of Environment
Forests& Climate Change, Govt. of India, State Pollution Control Board, State Govt. or any
other regulatory or statutory body of the Central or State Government for Environment
Clearance, anywhere in India and till the time the requisite clearances are not accorded. The
Consultant shall also assist SJVN during Public Hearings. The cost of providing the above
services shall be deemed to be included/priced in the quoted lump sum prices
6.4.0 Consultant’s Personnel
6.4.1 Description of Personnel
The Consultant shall employ and provide such qualified and experienced Personnel as are
required to carry out the Services. The titles, agreed job descriptions, minimum qualifications,
and estimated periods of engagement in carrying out of the Services of the Consultant’s Key
Personnel are described in Appendix-C. The Key Personnel listed by title as well as by name in
Appendix-C shall be approved by the Client.
6.4.2 Removal and/or Replacement of Personnel
(a) Except as the Client may otherwise agree, no changes shall be made in the Key
Personnel. If, for any reason beyond the reasonable control of the Consultant, such as
retirement, death, medical incapacity, among others, it becomes necessary to replace any
of the Key Personnel, the Consultant shall provide as a replacement a person of
equivalent or better qualifications.
(b) If the Client finds that any of the Personnel have
(i) committed serious misconduct or have been charged with having committed a criminal
action, or
(ii) Reasonable cause to be dissatisfied with the performance of any of the Personnel, then
the Consultant shall, at the Client’s written request specifying the grounds thereof,
provide as a replacement a person with qualifications and experience acceptable to the
SJVN Ltd.
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Client.
The Consultant shall have no claim for additional costs arising out of or incidental to any
removal and/or replacement of Personnel.
6.5.0 Inputs to the Consultant
The Client shall make available free of charge to the Consultant the inputs listed under
Appendix-E.
6.6.0 Payments to the Consultant
6.6.1 Lump-Sum Payment
The total payment due to the Consultant shall not exceed the Contract Price which is an all-
inclusive fixed lump-sum covering all costs required to carry out the Services described in
Appendix-A.
6.6.2 Contract Price
The price payable and the currency is set forth in the SCC.
6.6.3 Payment for Additional Services
Clause deleted without change in Sr. No.
6.6.4 Terms and Conditions of Payment
Payments to the consultants will be made in accordance with the payment schedule stated
herein below through E-payment/RTGS in terms of the details given under Appendix-J:
i) 10% of lump sum amount shall be paid against GST invoice on obtaining the Scoping
Clearance (TOR).
ii) 10% of lump sum amount shall be paid against GST invoice on submission of
inception report-First progress report.
iii) 10% of lump sum amount shall be paid against GST invoice on submission of report
on measurement and analysis of first season primary and secondary data-Second
progress report.
iv) 20% of lump sum amount shall be paid against GST invoice on submission of report
on measurement and analysis of second season primary and secondary data-Third
progress report.
v) 20% of lump sum amount shall be paid against GST invoice on submission of draft
comprehensive EIA/EMP report incorporating all season data and executive
summary in English as well as local vernacular language for conduct of public
SJVN Ltd.
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hearing.
vi) 15% of lump sum amount shall be paid against GST invoice on submission of final
EIA/EMP report after including the Public hearing issues along with their addressal
in the EIA/EMP Report for submission to MoEF & CC for Environmental
Clearance.
vii) Balance 15% of lump sum amount shall be paid against GST invoice on submission
of Final EIA/EMP report and executive summary in English as well as local
vernacular language after grant of environment clearance by Statutory bodies. In
case EIA report is not approved by the approving authority (i.e., Client) then
Consultant shall rectify the EIA report within the scope of work without any
financial implication to Client and in case further process for approval is closed
within six months on account of the reasons attributable to Consultant, in such a
situation balance 15% of payment shall not be released and consultancy contract
will be closed without any liability to Client.
No advance payment shall be made by the Client in favour of successful Consultant.
All payments of the contract price shall be made through E-Payment/ RTGS to the successful
consultant with whom the Contract Agreement is signed and on submission of documents as
required under conditions of contract. Further, Client shall nowhere be responsible for extra
financial implication towards remittance of currency (ies) and fulfilment of statutory
requirement. The consultant shall open account for payment with Bank(s) having Core banking
Facility (CBS Branch) and furnish the details of the same in the RTGS form (Appendix-J).
6.6.5 Interest on Delayed Payments
In case of Micro & Small Enterprise (MSE)
All the payments for the services (as applicable) rendered by MSEs (Micro & Small Enterprises)
consultant under the contract shall be released within forty five (45) days from the day of
acceptance, subject to submission of invoice/RA bill on or before the day of acceptance.
Day of acceptance means day of actual rendering of services; or where any objection is made in
writing by Client regarding acceptance of services within fifteen days from the date of rendering
of services, the day on which such objection is removed by the Consultant.
In case payments are not released as mentioned above, Client shall pay the principal amount plus
compound interest with monthly rests from the date immediately following the date agreed upon
@ three times of bank rates as notified by Reserve Bank of India from time to time.
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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In case of non-MSE
All the payments for the services (as applicable) rendered by non-MSEs (Non-Micro & Small
Enterprises) Consultant under the contract shall be released within forty five (45) from the
receipt of invoice/ RA bills from the Consultant complete in all respects.
In case payments are not released as mentioned above, SJVN shall pay the principal amount plus
simple interest from the date immediately following the date agreed upon @ 8% p.a.
6.7.0 Good Faith
The Parties undertake to act in good faith with respect to each other’s rights under this Contract
and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.
6.8.0 Settlement of Disputes
6.8.1 Amicable Settlement
The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth
Execution of the Contract and the success of the assignment. The Parties shall use their best
efforts to settle amicably all disputes arising out of or in connection with this Contract or its
interpretation.
6.8.2 Dispute Resolution
Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be
settled amicably within ninety (90) days after receipt by one Party of the other Party’s request
for such amicable settlement may be submitted by either Party for settlement in accordance
with the provisions specified herein below:
6.8.2.1 Arbitration
All dispute or difference in respect of which the decision has not been final and conclusive
arising between the Consultant and the SJVN Ltd., in relation to or in connection with the
contract, shall be referred to arbitration in the manner provided as hereunder:
i) On receipt of such notice, the Client shall send to the Consultant a panel of three persons and
thereafter the Consultant within fifteen (15) days of receipt of such panel, communicate to
the Client the name of one of the persons from such panel and such a person shall then be
appointed as Sole Arbitrator by the Engineer-in-Charge of the Client.
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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ii) Provided that if the Consultant fails to communicate the selection of a name out of the panel
so forwarded to him by the Client then after the expiry of the aforesaid stipulated period, the
Engineer-in Charge shall without delay select one person from the aforesaid panel and
appoint him as the Sole Arbitrator.
iii) The Arbitrator to whom the matter is originally referred being unable to act for any reason,
then the Client shall appoint another person to act as Sole Arbitrator in the same manner as
provided in clause (ii) herein above. Such person shall be entitled to proceed with the
reference from the stage at which it was left by the predecessor.
iv) The award of the Arbitrator shall be final and binding on both parties to the Contract. The
Arbitrator’s fees, as well as the cost of Arbitration proceedings shall be borne equally by
either party.
v) Irrespective of the amount of claim, the Arbitrator shall give reasons for the award.
vi) Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof
and the rules made there under and for time being in force shall apply to the arbitration
proceedings under this clause.
vii) The venue of the arbitration proceedings shall be in Shimla.
viii)The Language of arbitration proceedings and of all documents and communications
between the parties shall be English.
ix) Notwithstanding any reference to the Arbitration herein,
a) The parties shall continue to perform their respective obligations under the Contract unless
they otherwise agree to the contrary.
b) The Client shall pay the Consultant any monies due to the Consultant.
6.8.2.2 In case of Contract with another Central Public Sector Undertaking/Govt.
Department, any dispute or difference in relation to or in connection with the
contract shall be referred by either party for Arbitration to the sole Arbitrator in
the Department of Public Enterprises to be nominated by the Secretary to the
Government of India in-charge of the Department of Public Enterprises. The
Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this
clause. The award of the Arbitrator shall be binding upon the parties to the
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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dispute, provided, however, any party aggrieved by such award may make a
further reference for setting aside or revision of the award to the Law Secretary,
Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon
such reference the dispute shall be decided by the Law Secretary or the Special
Secretary/Additional Secretary, when so authorized by the Law Secretary, whose
decision shall bind the Parties finally and conclusively. The Parties to the dispute
will share equally the cost of arbitration as intimated by the Arbitrator.
6.9.0 Delay in Services
If the consultant fails to achieve completion of the services/milestones within the time
prescribed herein below and if in the opinion of client, delay is solely attributable to the
consultant, the client shall be entitled to levy LD for delay. The amount of the liquidated
damages (and not as a penalty) shall be the sum shown below for any calendar day in the types
and proportions of currencies of the Contract price as indicated in letter of award:
Sl.
No.
Description of Interim
Contract milestone
Completion time from
the date as notified by
EIC.
LD for delay in
achievement of Interim
Contract milestone per
day of Contract Price.
1. Filling of application
prescribed for TOR.
By the end of 7 days. 0.005 (zero point zero zero
five percent of contract
price (CP) plus applicable
GST per day delay subject
to maximum of 0.5 (zero
point five) percent of
Contract price plus
applicable GST.
Sl.
No.
Description of Interim
Contract milestone
Completion time from
the 7th day of issue of
TOR/Scoping
Clearance letter.
LD for delay in
achievement of Interim
Contract milestone per
day of Contract Price.
1. Submission of Inception
Report—First progress
report.
By the end of 15 days 0.005 (zero point zero zero
five) percent of Contract
Price (CP) plus applicable
GST per day delay subject
to maximum of 0.5 (zero
point five) percent of
Contract Price (CP) plus
applicable GST.
SJVN Ltd.
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2. Submission of report on
measurement and
analysis of first season
primary and secondary
data—Second progress
report.
By the end of 75 days 0.015 (zero point zero one
five) percent of Contract
Price (CP) plus applicable
GST per day delay subject
to maximum of 1.5 (one
point five) percent of
Contract Price (CP) plus
applicable GST.
3. Submission of report on
measurement and
analysis of second
season primary and
secondary data—Third
progress report
By the end of 195 days 0.035 (zero point zero three
five) percent of Contract
Price (CP) plus applicable
GST per day delay subject
to maximum of 3.5 (three
point five) percent of
Contract Price (CP) plus
applicable GST.
4. Submission of draft
comprehensive EIA
report incorporating all
season data and
executive summary in
English as well as local
vernacular language for
conduct of public
hearing.
By the end of 300 days 0.042 (zero point zero four
two) percent of Contract
Price (CP) plus applicable
GST per day delay subject
to maximum of 4.2 (four
point two) percent of
Contract Price plus
applicable GST.
5. Submission of final
EIA/EMP Report after
including the public
hearing issues along
with their addressal to
MoEF&CC for
Environment Clearance.
Consultant to ensure
that final EIA/EMP
Report is submitted
within 30 days after
receiving Minutes of
Meeting of the Public
Hearing/any letter from
By the end of 430 days. 0.015 (zero point zero one
five) percent of Contract
Price (CP) plus applicable
GST per day delay subject
to maximum of 1.5 (one
point five percent of
Contract Price (CP) plus
applicable GST.
SJVN Ltd.
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Statutory authority.
6. Submission of final
EIA/EMP report and
executive summary in
English and local
vernacular language
after grant of
environment clearance
by Statutory bodies.
By the end of 510 days 0.05(zero point zero five)
percent of Contract price
(CP) plus applicable GST
per day delay subject to
maximum of 5.0 (five)
percent of Contract Price
(CP) plus applicable GST.
Provided always that the maximum amount of compensation/delay damages payable by the
Consultant for delay in completion of the Interim Contract milestone as well as services as a
whole shall not exceed 5% of the Contract Price plus applicable GST indicated in Letter of
Award. However, the payment or deduction of such damages shall not relieve the Consultant
from his obligations to complete the Works or from any other of his obligations and liabilities
under the Contract.
6.10.0 Limitation of liability
Liability of the consultant under or in connection with this consultancy contract will be limited
to the extent of the total Contract Price of the consultancy services.
The clause shall not limit any liability in case of fraud, deliberate default or reckless misconduct
by the defaulting party.
Further, as there is no employer-employee relationship between the Client and Consultant
therefore, the principal of strict liability both civil and criminal shall apply in respect of
anything, deeds, acts done by the consultant during the entire contract period without any
vicarious liability to Client.
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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III. Special Conditions of Contract
(Clauses in brackets { } are optional; all notes should be deleted in final text)
Clause ref. of
GCC
Data
6.1.1 Head of Project, JTP HEP shall be EIC for the work.
6.1.3 The language is English.
6.1.4 The addresses are:
Chief General Manager/HOD (Civil Contracts)
Corporate Contracts Department (Civil)
SJVN Corporate Office Complex, Shanan,Shimla-171006 (H.P.), India.
Phone No. +91-177-2660161
Fax: +91-177-2660164
Email: [email protected]
Attention:
Facsimile:
E-mail:
6.1.6 Deleted without change in Sr. No.
6.1.7 The Authorized Representatives are
For the Client: Chief General Manager/HOD (Civil Contracts)
For the Consultant:
SJVN Ltd.
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6.2.2 The commencement of Consultancy services shall be from the date as notified by
EIC.
6.6.2 The amount and currency is ………………….INR.
SJVN Ltd.
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APPENDICES
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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Appendix-A
DESCRIPTION OF SERVICES
(Refer Sub-Clause 6.1.5 of GCC under SECTION -6)
Submission of EIA and EMP report shall include but not limited:
Sl.
No.
Task to be perform Date of
commencement
Date of
completion
Place of performance
1. Filling of application prescribed for TOR.
2.
Submission of Inception Report—First progress report.
i
ii
n
3.
Submission of report on measurement and analysis of first season primary and secondary data—Second
progress report.
i
ii
n
4.
Submission of report on measurement and analysis of second season primary and secondary data—Third
progress report
i
ii
n
5.
Submission of draft comprehensive EIA report incorporating all season data and executive summary in
English as well as local vernacular language for conduct of public hearing.
i
ii
n
6. Submission Final EIA/EMP Report after addressing all issues raised during Public Hearing and
incorporation of same in the EIA/EMP Report for submission to MoEF&CC for Environment Clearance.
i
ii
n
7. Submission of final EIA/EMP report and executive summary in English and local vernacular language after
grant of environment clearance by Statutory bodies.
i
ii
n
Note: (i) The consultant shall furnish the requisite details in the above said Appendix.
(ii) The Consultant shall furnish the said Reports to EIC.
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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APPENDIX-B
REPORTING REQUIREMENTS
(Refer Sub-Clause 6.3.6 of GCC under SECTION-6)
Sl.
No.
Name/Description Format Frequency Contents Nos. of copies
to be submitted
Date of submission
from the 7th day of
issue of
TOR/Scoping
Clearance letter 1. Submission of
Inception Report—
First progress report.
Hard
copy &
Soft copy
in
editable
format
2 Copies By the end of 15
days
2. Submission of report
on measurement and
analysis of first
season primary and
secondary data—
Second progress
report.
Hard
copy &
Soft copy
in
editable
format
2 Copies By the end of 75
days
3. Submission of report
on measurement and
analysis of second
season primary and
secondary data—
Third progress
report
Hard
copy &
Soft copy
in
editable
format
2 Copies By the end of 195
days
4. Submission of draft
comprehensive EIA
report incorporating
all season data and
executive summary
in English as well as
local vernacular
language for
conduct of public
hearing.
Hard
copy &
Soft copy
in
editable
format
A total of 20
copies of
EIA/EMP report
and 50 copies
each (In both
English and
Vernacular
language, 25
English, rest
Vernacular) of
executive
summary for
conducting
public hearing.
By the end of 300
days
SJVN Ltd.
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Sl.
No.
Name/Description Format Frequency Contents Nos. of copies
to be submitted
Date of submission
from the 7th day of
issue of
TOR/Scoping
Clearance letter 5. Submission of final
EIA/EMP report
after including the
public hearing issues
along with their
addressal to MoEF
& CC for
Environmental
Clearance.
Consultant to ensure
that final EIA/EMP
Report is submitted
to Project EIC
within 30 days after
receiving Minutes of
Meeting of the
Public Hearing/any
letter from Statutory
authority.
Hard
copy &
Soft copy
in
editable
format
A total of 8
copies of
EIA/EMP report
and 20 copies
each of
executive
summary after
incorporating &
adding relevant
issues raised
during Public
Hearing for
environment
clearance.
By the end of 430
days
6. Submission of final
EIA/EMP report and
executive summary
in English and local
vernacular language
after grant of
environment
clearance by
Statutory bodies.
Hard
copy &
Soft copy
in
editable
format
A total of 20
copies of
EIA/EMP report
and 20 copies
each of
executive
summary within
30 days after
grant of
environment
clearance.
By the end of 510
days
Note: i) The consultant shall furnish the requisite details in the above said Appendix.
ii) The Consultant shall furnish the said Reports.
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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APPENDIX-C
‘Expert(s)’ (Refer Sub-Clause 6.3.5 and 6.4.1 of GCC under SECTION-6)
Note: List under:
C-1 Titles [and names, if already available], detailed job descriptions and minimum
qualifications of ‘Expert(s)’to be assigned to work in the Client’s country, and estimated
staff-months for each.
C-2 In case of Support Staff, mention name, work experience in years and estimated total staff
months category wise.
C-3 List of approved Sub-Consultants (if already available); same information with respect to
their Personnel as in C-1.
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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APPENDIX-D
Not Applicable
SJVN Ltd.
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APPENDIX-E
INPUTS PROVIDED BY THE CLIENT
Refer Sub-Clause 6.5.0 of GCC under SECTION-6
Note: List here the inputs to be made available to the Consultant by the Client.
Client shall make available free of any charge all reports, maps, charts, hydrological data,
topographical survey details of project site, salient features, total land requirement, details of project
affected families, muck dumping details, pre-feasibility, feasibility and other project related
engineering reports, etc. as available with the Client to the consultant to complete EIA/EMP study
for obtaining environment clearance from Ministry of Environment Forests & Climate change, GOI
in accordance with Ministry's prescribed procedure/guidelines.
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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APPENDIX-F
PROFORMA OF BANK GUARANTEE FOR BID SECURITY
(Refer Sub-Clause 2.3.11 of ‘Instruction to the Consultants’ under SECTION-2)
(APPLICABLE IN CASE AMOUNT IS MORE THAN 10 LAKHS)
Not Applicable
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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APPENDIX-G
PROFORMA OF BANK GUARANTEE FOR PERFORMANCE SECURITY
(Refer Clause 2.8.0 of ‘Instruction to the Consultants’ under SECTION-2)
To
The SJVN Ltd.,
_________________________
_________________________
(Address of SJVN)
WHEREAS (Name and Address of Consultant) ______________________________
___________________________________________________________ having their registered
office at ________________________________________________
(here-in-after called the consultant”) has undertaken, in pursuance of contract
No._____________________ dated ___________ to execute (Name of contract and Brief
Description of works) _________________________________ (here-in-after called “the
Contract”.
AND WHEREAS it has been stipulated by you in the said contract that the consultant shall
furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security
for compliance with his obligations in accordance with the contract;
AND WHEREAS we have agreed to give the consultant such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on
behalf of the consultant, upto a total of (Amount(s) of Guarantee (both in figures and words)
____________________________________________________
(to be inserted by the Guarantor, and denominated in the currency(ies) of the contract), such sum
being payable in the types of currencies in which the contract price is payable, and we undertake
to pay you, upon your first written demand and without cavil or argument, any sum or sums
within the limits of (Amount(s) of Guarantee both in figures and words)
_______________________ as aforesaid without your needing to prove or to show grounds or
reasons for your demand for the sum(s) specified therein.
We hereby waive the necessity of your demanding the said debt from the consultant before
presenting us with the demand.
SJVN Ltd.
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We further agree that no change or addition to or other modification of the terms of the contract
or of the works to be performed thereunder or of any of the Contract Documents which may be
made between you and the consultant shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid for period of ………… months from the date of signing the
contract.
SIGNATURE AND SEAL OF THE GUARANTOR
Name of Executing Officer:
Designation:
Signing Power No./ Power of Attorney No.:
Name of Bank:
Address:
Date:
Witnesses 1) Signature -----------------------
Name -----------------------
Address -----------------------
2) Signature -----------------------
Name -----------------------
Address -----------------------
SJVN Ltd.
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INSTRUCTIONS FOR EXECUTION OF BANK GUARANTEE FOR PERFORMANCE
SECURITY.
1. Bank Guarantee for performance security should be executed on non-judicial stamp papers of
requisite value in accordance with the Stamp Act applicable to that particular State of Indian
Union, where executed. In case the same is issued by a Foreign Bank, the law prevalent in
the country of execution shall prevail. However, in such a case, the Bank Guarantee for
performance security shall be routed through the corresponding branch of such foreign bank
in India or the State Bank of India/ any Nationalized Bank, acceptable to SJVN.
2. The Bank Guarantee for performance security should be in the same denominations of the
currencies of payments as sought under the provisions of the contract.
3. The executing officers of the Bank Guarantee for performance security shall clearly indicate
in (Block Letters) his name, designation, Power of Attorney no. / Signing Power no. etc.
4. The each page of the Bank Guarantee for performance security shall be duly signed / initialed
by the executing officers and the last page shall be signed in full, indicating the particulars as
aforesaid (sub-Para 3), under the seal of the Bank.
5. Country of execution of Bank Guarantee : India
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APPENDIX-H
(Scanned, signed copy by Employer is attached separately and to be uploaded by consultant after signing the
same along with bid.
To be executed on plain paper at the time of submission of bid and on legal paper of appropriate value by
successful bidder (Contractor) prior to signing of Contract Agreement)
PRE CONTRACT INTEGRITY PACT
Between SJVN Limited, a company incorporated under the Companies Act 1956 and having its office at Shanahan, PO Malyana, Shimla – 171006 (H.P.), hereinafter referred to as “The Employer” which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns of the First Part.
And M/s __________________________ , a company/ firm/ individual (status of the company) and having its registered office at ___________________ _____ represented by Shri ___________________, hereinafter referred to as “The Bidder/Contractor” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns of the Second
Part. WHEREAS the Employer proposes to procure under laid down organizational procedures, contract for Consultancy services for Environment Clearance of Jangi-Thopan-Powari HEP,(780 MW) in District Kinnaur, Himachal Pradesh, India and the Bidder/Contractor is willing to offer against NIT No. DCB-CCD- JTPHEP-760-01. WHEREAS the Bidder/Contractor is a private company / public company/Government undertaking/partnership/consortium/joint venture constituted in accordance with the relevant law in the matter and the Employer is a Public Sector Enterprise. NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:- Enabling the Employer to obtain the desired said (work/ goods/ services) at a competitive price in conformity with the defined specifications by avoiding the
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high cost and the distortionary impact of corruption on public procurement, and Enabling the Bidder(s)/Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption, in any form, by its officials by following transparent procedures. 1.0 Commitments of the Employer 1.1 The Employer undertakes that no official of the Employer, connected
directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the Bidder/Contractor, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contact.
1.2. The Employer will, during the pre-contract stage, treat all the
Bidders/Contractors alike, and will provide to all the Bidders/Contractors the same information and will not provide any such information to any particular Bidder/Contractor which could afford an advantage to that particular Bidder/Contractor in comparison to other Bidders/Contractors.
1.3. All the officials of the Employer will report to the appropriate Authority any
attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.
2.0 In case any such preceding misconduct on the part of such official(s) is
reported by the Bidder to the Employer with full and verifiable facts and the same is prima facie found to be correct by the Employer, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the Employer the proceedings under the contract would not be stalled.
3.0 Commitments of the Bidder(s)/Contractor(s)
The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to
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secure the contract or in furtherance to secure it and in particular commit itself to the following :-
3.1 The Bidder(s)/Contractor(s) will not offer, directly or through
intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.
3.2 The Bidder/Contractor further undertakes that it has not given, offered or
promised to give, directly or indirectly any bribe, gift consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with Employer.
3.3 The Bidder(s)/Contractor(s) shall disclose the name and address of agents
and representatives and Indian Bidder(s)/Contractor(s) shall disclose their foreign principals or associates.
3.4 The Bidder(s)/Contractor(s) shall disclose the payments to be made by
them to agents/brokers or any other intermediary, in connection with this bid/contract
3.5 The Bidder, either while presenting the bid or during pre-contract
negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the Employer or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.
3.6 The Bidder/Contractor will not collude with other parties interested in the
contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.
3.7 The Bidder/Contractor will not accept any advantage in exchange for any
corrupt practice, unfair means and illegal activities. 3.8 The Bidder/Contractor shall not use improperly, for purposes of
competition or personal gain, or pass on to others, any information provided by the Employer as part of the business relationship, regarding
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plans, technical proposals and business details, including information contained in electronic data carrier. The Bidder/Contractor also undertakes to exercise due and adequate care lest any such information is divulged.
3.9 The Bidder(s)/Contractor(s) commits to refrain from giving any complaint
directly or through any other manner without supporting it with full and verifiable facts.
3.10 The Bidder(s)/Contractor(s) shall not instigate or cause to instigate any
third person to commit any of the actions mentioned above. 3.11 If the Bidder/Contractor or any employee of the Bidder/Contractor or any
person acting on behalf of the Bidder/Contractor, either directly or indirectly, is a relative of any of the officers of the Employer, or alternatively, if any relative of an officer of the Employer has financial interest/stake in the Bidder(s)/Contractor(s) firm(excluding Public Ltd. Company listed on Stock Exchange), the same shall be disclosed by the Bidder/Contractor at the time of filling of tender.
The term ‘relative’ for this purpose would be as defined in Section 2(77) of the Companies Act 2013.
3.12 The Bidder(s)/Contractor(s) shall not lend to or borrow any money from or
enter into any monetary dealings or transactions, directly or indirectly, with any employee of the Employer.
4.0 Previous Transgression 4.1 The Bidder(s)/Contractor(s) declares that no previous transgression
occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India.
5.0 Earnest Money (Security Deposit)
The provision regarding Earnest Money/Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Consultants (ITC) section of the Tender Document is to be referred.
6.0 Sanctions for Violations 6.1 Any breach of the aforesaid provisions by the Bidder/Contractor or any one
employed by it or acting on its behalf shall entitle the Employer to take
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action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required:-
(i) To immediately call off the pre contract negotiations without assigning
any reason or giving any compensation to the Bidder/Contractor. However, the proceedings with the other Bidder(s)/Contractor(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof.
(iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/Contractor.
(iv) To encash the Bank guarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract.
(v) To debar the Bidder/Contractor from participating in future bidding processes of SJVN Ltd., as per provisions of “Guidelines on Banning of Business Dealings” of SJVN Ltd. (Annex-A), which may be further extended at the discretion of the Employer.
(vi) To recover all sums paid in violation of this Pact by Bidder(s)/Contractor(s) to any middleman or agent or broker with a view to securing the contract.
(vii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/operated.
(viii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.
6.2 The Employer will be entitled to take all or any of the actions mentioned
at para 6.1 (i) to (viii) of this Pact also on the Commission by the Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.
SJVN Ltd.
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6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/Contractor shall be final and conclusive on the Bidder/Contractor. However, the Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.
7.0 Independent External Monitor(s) 7.1 The Employer has appointed Independent External Monitor(s) (hereinafter
referred to as monitors) for this Pact in consultation with the Central Vigilance Commission.
7.2 The task of the Monitors shall be to review independently and objectively,
whether and to what extent the parties comply with the obligations under this Pact.
7.3 The Monitors shall not be subject to instructions by the representatives of
the parties and perform their functions neutrally and independently. 7.4 Both the parties accept that the Monitors have the right to access all the
documents relating to the project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/contract.
7.5 As soon as the Monitor notices, or has reason to believe, a violation of this
Pact, he will so inform CMD, SJVN and request SJVN Ltd. to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.
7.6 The Bidder(s)/Contractor(s) accepts that the Monitor has the right to
access without restriction, to all Project documentation of the Employer including that provided by the Bidder/Contractor. The Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/Contractor/Subcontractor(s) with confidentiality.
7.7 The Employer will provide to the Monitor sufficient information about all
meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The
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parties will offer to the Monitor the option to participate in such meetings as and when required.
7.8 The Monitor will submit a written report to the CMD, SJVN Ltd., within 8 to
10 weeks from the date of reference or intimation to him by the Employer/Bidder and should the occasion arise, submit proposals for correcting problematic situations.
7.9 The word ‘Monitor’ would include both singular and plural. 8.0 Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission, the Employer or its agencies shall be entitled to examine all the documents including the Books of Accounts of the Bidder/Contractor and the Bidder/Contractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.
9.0 Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the Registered Office of the Employer, i.e. Shimla (H.P.). The arbitration clause provided in the tender document/contract shall not be applicable for any issue/dispute arising under Integrity Pact.
10.0 Other Legal Actions 10.1 The actions stipulated in this Integrity Pact are without prejudice to any
other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.
10.2 Changes and supplements as well as termination notice need to be made
in writing. 10.3 If the Contractor is a partnership or a consortium or a joint venture, this
pact must be signed by all partners of the consortium/joint venture.
11.0 Validity 11.1 The validity of this Integrity Pact shall be from date of its signing and
extend upto 5 years or the complete execution of the contract to the satisfaction of both the Employer and the Bidder/Contractor/Seller, including warranty period, whichever is later. In case BIDDER is
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unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.
11.2 Should one or several provisions of this Pact turn out to be invalid, the
remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intention.
12.0 The Parties hereby sign this Integrity Pact at ____________ on
______________.
Employer Name of the Officer Designation Place---------------- Date---------------
Bidder (Authorised Person) (Name of the Person) Designation Place-------------- Date--------------
Witness1._______________________ (Name and address) 2.__________________________ (Name and address)
Witness1.__________________________ (Name and address) 2.__________________________ (Name and address)
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Annex-A
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GUIDELINES ON BANNING OF BUSINESS DEALINGS
1.0 Introduction 1.1 SJVN Limited (SJVN) deals with Agencies viz. parties/ contractors/
suppliers/ bidders, who are expected to adopt ethics of highest
standards and a very high degree of integrity, commitments and sincerity
towards the work undertaken. It is not in the interest of SJVN to deal
with Agencies who commit deception, fraud or other misconduct in the
tendering process.
1.2 Since banning of business dealings involves civil consequences for an
Agency concerned, it is incumbent that adequate opportunity of hearing
is provided and the explanation, if tendered, is considered before passing
any order in this regard keeping in view the facts and circumstances of
the case.
2.0 Scope
2. 1 The Information for Bidders/ Instruction to Bidders and even the
General Conditions of Contract (GCC) of SJVN generally provide that
SJVN shall have the rights to remove from list of approved suppliers /
contractors or to ban business dealings if any Agency has been found to
have committed misconduct or fraud or anything unethical not expected
from a reputed contractor.
2.2 The procedure of (i) Removal of Agency from the List of approved
suppliers / contractors; (ii) Suspension and (iii) Banning of Business
Dealing with Agencies, has been laid down in these guidelines.
2.3 These guidelines shall apply to all the Projects/ Power Stations/ Regional
Offices/ Liaison Offices of SJVN.
2.4 It is clarified that these guidelines do not deal with the poor performance
of the contractors/ Agencies.
2.5 The banning shall be with prospective effect, i.e. future business
dealings.
3.0 Definitions
In these Guidelines, unless the context otherwise requires:
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i) “Party / Contractor / Supplier / Bidders” shall mean and include a
public limited company or a private limited company, a joint Venture,
Consortium, HUF, a firm whether registered or not, an individual,
cooperative society or an association or a group of persons engaged in
any commerce, trade, industry, etc. “Party / Contractor/ Supplier /
Bidder’ in the context of these guidelines is indicated as ‘Agency’.
ii) “Unit” shall mean the Project/ Power Station/ Regional Office/
Liaison Office.
iii) “Competent Authority” and ‘Appellate Authority’ shall mean the
following:
The concerned Director shall be the ‘Competent Authority’ for the
purpose of these guidelines.
CMD shall be the ‘Appellate Authority’ in respect of such cases.
iv) “Investigating Committee” shall mean any Officer/Committee
appointed by Competent Authority to conduct investigation.
v) “List of approved Agencies viz Parties / Contractors /
Suppliers/Bidders” shall mean and include list of Parties/
Contractors / Suppliers / Bidders etc if registered with SJVN.
4.0 Initiation of Banning / Suspension
Action for banning /suspension business dealings with any Agency shall
be initiated by the department responsible for invitation of bids after
noticing the irregularities or misconduct on the part of Agency
concerned. Besides the concerned department, Vigilance Department of
each Unit/ Corporate Vigilance may also be competent to initiate such
action.
5.0 Suspension of Business Dealings.
5.1 If the conduct of any Agency dealing with SJVN is under investigation,
the Competent Authority may consider whether the allegations (under
investigation) are of a serious nature and whether pending investigation,
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it would be advisable to continue business dealing with the Agency. If the
Competent Authority, after consideration of the matter including the
recommendation of the Investigating Committee, if any, decides that it
would not be in the interest to continue business dealings pending
investigation, it may suspend business dealings with the Agency. The
order of suspension would operate for a period not more than six months
and may be communicated to the Agency as also to the Investigating
Committee. The Investigating Committee may ensure that their
investigation is completed and whole process of final order is over within
such period. However, if investigations are not completed in six months
time, the Competent Authority may extend the period of suspension by
another three months, during which period the investigations must be
completed.
5.2 The order of suspension shall be communicated to all Departmental
Heads of SJVN and Heads of the Units. During the period of suspension,
no business dealing may be held with the Agency.
5.3 As far as possible, the existing contract(s) with the Agency may continue
unless the Competent Authority, having regard to the circumstances of
the case, decides otherwise.
5.4 If the Agency concerned asks for detailed reasons of suspension, the
Agency may be informed that its conduct is under investigation. It is not
necessary to enter into correspondence or argument with the Agency at
this stage.
5.5 It is not necessary to give any show-cause notice or personal hearing to
the Agency before issuing the order of suspension.
6.0 Ground on which Banning of Business Dealings can be initiated:
6.1 If the security consideration, including questions of loyalty of the Agency
to SJVN so warrants;
6.2 If the director /owner of the Agency, proprietor or partner of the firm, is
convicted by a Court of Law for offences involving moral turpitude in
relation to its business dealings with the Government or any other public
sector enterprises, during the last three years.
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6.3 If business dealings with the Agency have been banned by the
Department of Power, Government of India.
6.4 If the Agency has resorted to corrupt, fraudulent practices including
misrepresentation of facts;
6.5 If the Agency uses intimidation / threatening or brings undue outside
pressure on SJVN or its official for acceptance / performances of the job
under the contract;
6.6 If the Agency misuses the premises or facilities of SJVN, forcefully
occupies or damages SJVN’s properties including land, water resources,
forests / trees or tampers with documents/records etc. (Note: The
examples given above are only illustrative and not exhaustive. The
Competent Authority may decide to ban business dealing for any good
and sufficient reason).
7.0 Banning of Business Dealings
7. 1 A decision to ban business dealings with any Agency shall apply
throughout SJVN.
7.2 There will be an Investigating Committee consisting of officers not below
the rank of AGM/DGM from Indenting Division, Finance, Law and
Contracts. Member from department responsible for invitation of bids
shall be the convener of the committee. The functions of the committee
shall, inter-alia include:
i) To study the report of the unit/division responsible for invitation of
bids and decide if a prima-facie case for banning exists, if not, send
back the case to the Competent Authority.
ii) To recommend for issue of show-cause notice to the Agency by the
concerned unit/division as per clause 9.1.
iii) To examine the reply to show-cause notice and call the Agency for
personal hearing, if required.
iv) To submit final recommendations to the Competent Authority for
banning or otherwise.
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8.0 Removal from List of Approved Agencies - Suppliers/ Contractors,
etc.
8.1 If the Competent Authority decides that the charge against the Agency is
of a minor nature, it may issue a show-cause notice as to why the name
of the Agency should not be removed from the list of approved Agencies -
Suppliers / Contractors, etc.
8.2 The effect of such an order would be that the Agency would not be
qualified for competing in Open Tender Enquiries or Limited Tender
Enquiries till the period mentioned in the order.
8.3 Past performance of the Agency may be taken into account while
processing approval of the Competent Authority for award of the
contract.
9.0 Show-cause Notice
9.1 In case where the Competent Authority decides that action against an
Agency is called for, a show-cause notice has to be issued to the Agency,
Statement containing the imputation of misconduct or misbehavior may
be appended to the show-cause notice and the Agency should be asked
to submit within 15 days a written statement in its defense.
9.2 If the Agency requests for inspection of any relevant document in
possession of SJVN, necessary facility for inspection of documents may
be provided.
9.3 The Competent Authority may consider and pass an appropriate
speaking order:
a) For exonerating the Agency if the charges are not established;
b) For removing the Agency from the list of approved Suppliers /
Contactors, etc.
c) For banning the business dealing with the Agency.
9.4 If it decides to ban business dealings, the period for which the ban would
be operative may be mentioned.
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10.0 Appeal against the Decision of the Competent Authority
10.1 The Agency may file an appeal against the order of the Competent
Authority banning business dealing etc. The appeal shall be filed to
Appellate Authority. Such an appeal shall be preferred within one month
from the date of receipt of the order banning business dealing, etc.
10.2 Appellate Authority would consider the appeal and pass appropriate
order which shall be communicated to the Agency as well as the
Competent Authority.
11.0 Circulation of the names of Agencies with whom Business Dealings
have been banned
i) The concerned unit shall forward the name and details of the Agency(ies) banned to IT&C Division of Corporate Office for displaying the same on SJVN website.
ii) Corporate Contracts Department shall also forward the name and
details of the Agency(ies) banned to the Ministry of Power, GoI besides forwarding the name and details to the contracts/procurement group of all CPSUs of power sector.
______________
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FORM OF DECLARATION OF ELIGIBILITY
UNDERTAKING
I / We, M/s ………………………………..(Name of Bidder) hereby certify that I /
we have not been banned /de-listed/ black listed / debarred from business by
any PSU / Govt. Department during last 03 (three) years on the grounds
mentioned in para 6 of Guidelines on banning of Business dealing, ITB
Clause……………of Tender Document.
(Seal & signature of the Bidder)
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APPENDIX-I
POWER OF ATTORNEY
(On Non-Judicial Stamp Paper of Appropriate to value)
{Refer Sub-Clause1.7.8 of Section-1 and Sub-clause 2.4.3 of ‘Instructions to
Consultants’ under SECTION-2}
Know all men by these presents we M/s ………………………………………., a
company organized and existing under the laws of (name of Place)
…………….…………… and having its registered/principal office /place of
business at…………………………………………..………..…… (the “Executant”) do
hereby nominate, constitute, authorize and appoint Mr. […………name of
attorney…………], son of [……………..…] and presently employed with
Executant as ……………..[Insert position of employment] as our true and lawful
attorney (the “Attorney”) to do in our name and on our behalf all or any of the
following acts, deeds and things in connection with or in respect of Consultancy
services carrying out {INSERT NAME OF WORK}for{INSERT PROJECT NAME}in
{INSERT DISTRICT NAME}of{INSERT STATE, INSERT COUNTRY, DCB/ICB
No...........}. (the “Works”) invited by SJVN Ltd., having its registered office /principal
place of business at at SJVN Corporate Office Complex, Shanan, Shimla-171006
(H.P.) India (the “Client”) that is to say:
1. To prepare, offer, sign, submit and deliver to the Employer the Executant’s bid for the
Consultancy services for {INSERT NAME OF WORK}for{INSERT PROJECT
NAME}in{INSERT DISTRICT NAME}of{INSERT STATE, INSERT COUNTRY}(the
“Bid”) including to make, sign, submit, deliver, execute, and accept all documents,
information, applications and other writings necessary for or incidental to the signing,
submission and delivery of the Bid to the Client;
2. To negotiate, enter into, sign and execute, accept and deliver all contracts
undertakings, acceptances and other writings consequent upon acceptance of the
Executant’s Bid and thereafter during the execution of the Contract;
3. Participate in bidders’ and other conferences and provide all information required
by the Client and to furnish/ seek clarifications arising out of or relating to the
Consultancy services and, at any stage as well as upon award of the contract
consequent to the acceptance of the Executant’s Bid by the Client and thereafter
during the execution of the Contract;
4. To sign, represent and act on behalf of the Executant in respect of all matters
before the Client relating to the Executant to Bid and upon the acceptance of the
Executant’s Bid by the Client including the resultant contract on such acceptance
of the Executant’s Bid (the “Contract Agreement”) in respect of all matters
SJVN Ltd.
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relating to or arising out of or concerning the Contract Agreement and to
generally deal with the Client on behalf of the Executant in all matters arising out of or
in connection with or relating to or arising out of the Executant’s Bid, the
Contract Agreement in the event of acceptance of the Executant’s Bid by the Client and
thereafter during the execution of the Contract;
5. And generally to do any and all other and further acts, deeds and things which are
necessary for or incidental to or deemed appropriate for more effectual exercise of the
powers hereby conferred. AND We, the Executant above named do hereby agree and
undertake to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things lawfully done or caused to be done by our said Attorney pursuant to and in
exercise of the powers hereby conferred and all acts, deeds and things done or caused to
be done by our said Attorney pursuant hereto shall always be deemed to be the acts,
deeds and things done by Executant personally.
IN WITNESS WHEREOF, THIS POWER OF ATTORNEY ON THIS [………] DAY
OF [………………..], [20…..]………………. ……………………………….
1. For M/s ……………….…………….
(Consultant)
……………………………….
(Signature of the authorized representatives)
Name ……………………………….
Designation …………………………
Seal of the firm ……………………….
WITNESSES
1. …………………………………..
………………………………….
(Name & address)
2. …………………………………..
………………………………….
(Name & address)
[Notarized]
SJVN Ltd.
Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.
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APPENDIX-J
R.T.G.S. FORM
To
HOD (F&A)
Finance & Accounts Department
SJVN Corporate Office Complex,
Shanan, Shimla-171006
{Through HOD/In-charge (Contracts)}
Dear Sir,
Ref.: Authorization for payments through Electronic Fund Transfer System.
We, hereby authorize SJVN Ltd. (Complete address of the Unit with Postal Code) to make all
payments due to us through RTGS System. The details of facilitating the payments are given below:-
(TO BE FILLED IN CAPITAL LETTER)
1. NAME OF THE BENEFICIARY:
2. ADDRESS
SJVN Ltd.
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3. TELEPHONE NO. (WITH ISD/STD CODE):
4. FAX NO. (WITH ISD/STD CODE):
5. BANK PARTICULARS:
a) BANK NAME:
b) BANK TELEPHONE NO. (WITH ISD/STD CODE):
1
c) BRANCH ADDRESS (WITH BRANCH CODE):
SJVN Ltd.
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d) BANK FAX NO. (WITH ISD/STD CODE):
e) 9 DIGIT MICR CODE OF THE BANK BRANCH: (ENCLOSE COPY OF A
CANCELLED CHEQUE)
f) RTGS/SWIFT CODE OF THE BANK:
BANK ACCOUNT NUMBER:
h) BANK ACCOUNT TYPE (TICK ONE);
SAVING LOAN CASH CREDIT OTHERS
IF OTHERS, SPECIFY;
6. PERMANENT ACCOUNT NUMBER (PAN):
SJVN Ltd.
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7.E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF
PAYMENTS:
It is certified that the particulars given above are correct and complete. If the transaction is
delayed or credit is not effected at all for reason of incomplete or incorrect information. I /
we would not hold the company responsible.
SIGNATURE
DATE :
(AUTHORIZED SIGNATORY)
NAME:
(OFFICIAL STAMP)
SJVN Ltd.
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BANK CERTIFICATION:
It is certified that above-mentioned beneficiary hold a Bank Account
No……………..with our branch and the Bank particulars mentioned above are correct.
SIGNATURE
DATE :
(AUTHORIZED SIGNATORY)
NAME :
(OFFICIAL STAMP)
.