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Consultancy Document

Dholera Industrial City Development Limited (DICDL) is seeking consultancy services for the detailed engineering and design of the augmentation of an existing 20 MLD and an additional 40 MLD Common Effluent Treatment Plant. The document outlines the instructions for bidders, including eligibility criteria, bid submission processes, and evaluation procedures. It emphasizes the importance of digital signatures and e-tendering registration for participation in the bidding process.

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0% found this document useful (0 votes)

127 views142 pages

Consultancy Document

Uploaded by

aegdrnh21

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

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Contract Identification Number (CIN): DICDL/DSIR/TECH/CS-CETP/15/2024-25

Request for Qualification and Request for Proposal

For
Consultancy Services for Detailed Engineering and
Design for Augmentation of existing 20 MLD and
Balance 40 MLD Common Effluent Treatment Plant

Dholera Industrial City Development Limited (DICDL)

6th Floor, Block No. 1 and 2, Udhyog Bhavan,
Sector-11, Gandhinagar – 382017
Gujarat, India
CIN: U45209GJ2016SGC085839

December 2024
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant

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Table of Contents
INSTRUCTIONS TO BIDDER FOR E-TENDERING .................................................................................1
DISCLAIMER................................................................................................................................................4
SECTION 1. LETTER OF INVITATION .............................................................................................6
SECTION 2. INSTRUCTIONS TO CONSULTANTS ........................................................................ 10
2.1 Introduction................................................................................................................................. 10
2.2 Clarification and amendment of RfQ cum RfP documents ............................................................. 13
2.3 Bid security ................................................................................................................................. 15
2.4 Eligibility of Bidders .................................................................................................................... 15
2.5 Preparation of Bid ....................................................................................................................... 19
2.6 Submission, receipt and opening of Bids....................................................................................... 24
2.7 Bid evaluation ............................................................................................................................. 26
2.8 Negotiations ................................................................................................................................ 28
2.9 Award of contract ........................................................................................................................ 29
2.10 Performance Security .................................................................................................................. 30
2.11 Risks and coverage ...................................................................................................................... 30
2.12 Execution of contract:.................................................................................................................. 31
2.13 Commencement of Assignment: .................................................................................................... 31
2.14 Confidentiality ............................................................................................................................. 32
2.15 Fraud and corrupt practices ........................................................................................................ 32
2.16 Pre-bid meeting ........................................................................................................................... 33
2.17 Miscellaneous.............................................................................................................................. 33
2.18 Jurisdiction ................................................................................................................................. 34
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant

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Instructions to Bidder for e-Tendering
1. Accessing/Purchasing of BID documents

(i) It is mandatory for all the bidders to have class-III Digital Signature Certificate
(DSC) (with both DSC components, i.e. signing and encryption in the name of
authorized signatory who will sign the Bid) from any of the licensed Certifying
Agency (Bidders can see the list of licensed CAs from the link
(www.cca.gov.in) to participate in e-tendering of the Employer.

(ii) DSC should be in the name of the authorized signatory as authorized in FORM-
4AE (Power of Attorney of Authorised Representative) of the submitted Bid. It
should be in corporate capacity (that is in Bidder capacity / in case of
JV/Consortium in the Lead Member capacity, as applicable).

(iii) To participate in the bidding, it is mandatory for the bidders to get registered
their firm/company/Joint Venture/Consortium with e-tendering portal of the
Employer [www.nprocure.com], to have user ID & password which has to be
obtained by submitting the applicable fee & necessary documents. Validity of
online registration is one year. Following may kindly be noted:

(a) Registration should be valid at least up to the date of submission of Bid.

(b) Bids can be submitted only during the validity of their registration.
(c) The amendments / clarifications to the Bid document, if any, will be
hosted on the Employer’s website www.nprocure.com.
(d) If the firm / company/Joint Venture/Consortium is already registered
with e-tendering portal of Employer and validity of registration is not
expired the firm / company/Joint Venture/Consortium is not required a
fresh registration.

(iv) The complete Bid document can be viewed / downloaded from e-tender portal
of the Employer, from the date & time mentioned in the Bid Data Sheet (BDS).
The bidding documents are meant for the exclusive purpose of bidding against
this Request for Qualification cum Proposal (RFP) and shall not be transferred
to any parts or reproduced or used otherwise for any purpose other than for
which they are specifically uploaded.

(v) To participate in bidding, bidders have to pay an amount as mentioned in the

BDS including 18% towards processing fee for BID (non- refundable) in favour
of “Dholera Industrial City Development Limited” payable at Gandhinagar
in form of DD.

(vi) Bid Security is also to be furnished by the bidder for an amount as mentioned
in the BDS in the form of Demand Draft or Bank Guarantee (BG) as per the
format mentioned in Form 4AG, issued from a scheduled Bank in the name of
the Employer.

2. Preparation & Submission of BIDs:

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(i) The Bidder may submit his Bid online following the instruction appearing on
the screen. A buyer manual containing the detailed guidelines for e-
procurement is available on e-procurement portal.
(ii) The documents listed at clause 2.6.6 of ITB shall be prepared and scanned in
different files (in PDF or JPEG format such that each file size is not more than
2 MB) and uploaded during the on-line submission of Bid.
(iii) Bid must be submitted online only through e-procurement portal of the
Employer, [www.nprocure.com] using the digital signature of authorized
representative of the Bidder on or before the bid due date and time.
(iv) The Employer in no case shall be responsible for any issues related to timely or
properly uploading/submission of the bid in accordance with the relevant
provisions set forth in this RFP.

3. Modification / Substitution / Withdrawal of Bids:

(i) The Bidder may modify, substitute or withdraw its e- Bid after submission prior
to the Bid Due Date. No Bid shall be modified, substituted or withdrawn by the
Bidder on or after the Bid Due Date & Time.
(ii) Any alteration / modification in the Bid or additional information supplied
subsequent to the Bid Due Date, unless the same has been expressly sought for
by the Employer shall be disregarded.
(iii) For modification of e-Bid, bidder has to detach its old Bid from e-tendering
portal and upload / resubmit digitally signed modified Bid.
(iv) For withdrawal of Bid, bidder has to click on withdrawal icon at e-tendering
portal and can withdraw its e-Bid.
(v) Before withdrawal of a Bid, it may specifically be noted that after withdrawal
of a Bid for any reason, bidder cannot re-submit the e-Bid.

4. Opening & Evaluation of Bids:

(i) Opening and evaluation of Bids will be done through online process.
(ii) The Employer shall open on-line received Pre-Qualification Bids at 15:30 hours
IST on the Bid Opening Date, in the presence of the Bidders, who choose to
attend. Pre-Qualification Bid of only those Bidders shall be opened online
whose documents listed at clause 2.6.6 of the RFP have been physically
received. The physical submission of bid documents shall be accepted till 15:00
hours on Bid Opening date. The Employer will subsequently examine and
evaluate the Bids in accordance with the provisions of Section 2 & 3 of RFP.
(iii) Prior to evaluation of Bids, the Employer shall determine whether each Bid is
responsive as per clause 2.7.3 of this Instruction to Bidders as per e- tendering
process.
(iv) The Bid shall be opened of those bidders only who submitted originals as
mentioned in para 2 (ii) & (iii) above of e-Tendering procedure. The Bid

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submitted on-line shall not be opened and shall be declared non - responsive, if
originals are not submitted as mentioned in para 2 (ii) & (iii) above of e-
Tendering procedure.

The online payment facility for the submission of registration Fee, which is payable to
e-tender [service provider], has been enabled on e- Tender Portal
[www.nprocure.com]. The bidders can pay registration Charges as applicable.

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Disclaimer

1. This RfQ cum RfP document is neither an agreement nor an offer by the Dholera Industrial
City Development Limited (DICDL) to the prospective Bidders or any other person. The
purpose of this RfQ cum RfP is to provide information to the interested parties that may be
useful to them in the formulation of their Bid pursuant to this RfQ cum RfP.
2. DICDL does not make any representation or warranty as to the accuracy, reliability or
completeness of the information in this RfQ cum RfP document and it is not possible for
DICDL to consider particular needs of each party who reads or uses this RfQ cum RfP
document. This RfQ cum RfP includes statements which reflect various assumptions and
assessments arrived at by DICDL in relation to the consultancy. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. Each prospective Bidder should conduct its own investigations and analyses
and check the accuracy, reliability and completeness of the information provided in this
RfQ cum RfP document and obtains independent advice from appropriate sources.
3. DICDL will not have any liability to any prospective Consultancy Company/ Firm/
Consortium or any other person under any laws (including without limitation the law of
contract, tort), the principles of equity, restitution or unjust enrichment or otherwise for any
loss, expense or damage which may arise from or be incurred or suffered in connection
with anything contained in this RfQ cum RfP document, any matter deemed to form part
of this RfQ cum RfP document, the award of the Assignment, the information and any other
information supplied by or on behalf of DICDL or their employees, any consultants or
otherwise arising in any way from the selection process for the Assignment. DICDL will
also not be liable in any manner whether resulting from negligence or otherwise however
caused arising from reliance of any Bidder upon any statements contained in this RfQ cum
RfP.
4. DICDL will not be responsible for any delay in receiving the Bids. The issue of this RfQ
cum RfP does not imply that DICDL is bound to select a bidder or to appoint the Selected
Bidders, as the case may be, for the consultancy and DICDL reserves the right to
accept/reject any or all of Bids submitted in response to this RfQ cum RfP document at any
stage without assigning any reasons whatsoever. DICDL also reserves the right to withhold
or withdraw the process at any stage with intimation to all who submitted the Bid.
5. The information given is not an exhaustive account of statutory requirements and should
not be regarded as a complete or authoritative statement of law. DICDL accepts no
responsibility for the accuracy or otherwise for any interpretation or opinion on the law
expressed herein.
6. DICDL reserves the right to change/ modify/ amend any or all provisions of this RfQ cum
RfP document. Such revisions to the RfQ cum RfP / amended RfQ cum RfP will be made
available on the website of DICDL

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Section-1
Letter of Invitation

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Section 1. Letter of Invitation
Gandhinagar
Date: December 2024
1. Introduction
The Government of India has envisaged the development of National Industrial
Corridor Development Corporation (NICDC) along the alignment of proposed Multi-
modal High Axle Load Dedicated Freight Corridor between Delhi and Mumbai,
covering an overall length of 1,483 km. Further, National Industrial Corridor
Development Corporation Limited (NICDCL), a special purpose company, was
incorporated to establish, promote and facilitate development of the NICDC Project.
The Dholera Special Investment Region (DSIR) will be a major Greenfield Industrial
Hub planned and located approximately 100km south of Ahmedabad and 130km from
the State Capital Gandhinagar. The project as envisaged will be the first initiative from
NICDCL to create a linear zone of industrial clusters and nodes to be developed in the
influence area of Western Dedicated Freight Corridor (DFC).
DSIR has been planned over an extensive area of land measuring approximately 920
sqkm and encompassing 22 villages of Dholera Taluka in the Ahmedabad District.
This will be by far the largest of investment nodes planned along the influence of DFC
in the NICDC region. This node is strategically located between the industrial cities
of Vadodara, Ahmedabad, Rajkot, Surat and Bhavnagar urban agglomerations. The
node is linked with various state highways to the ports in Gujarat. The nearest
international airport is at Ahmedabad and Government of Gujarat through the Dholera
International Airport Company Limited (DIACL) has plans to develop another
international airport in the north-east of the proposed investment region. NICDCL,
with support of DSIRDA, plan to create an economically and socially balanced new-
age City with world class infrastructure and highest quality-of-life standards and
sustainability in the urban form. This new age city aims to have a sustainable urban
transportation system (transit-oriented development) within and mobile/ efficient
regional connectivity with neighbouring cities and the rest of the country.
The DSIR urban development area is divided into six (6) Town Planning Schemes,
under which micro level planning with neighbourhood level infrastructure provisions
has been carried out. Town Planning Schemes 1 and 2, which largely cover the
development in Phase 1, were sanctioned by Apex Authority (GIDB) on 3 October
2012. Town Planning Scheme 1 covers an area of approximately 51 sq. km and Town
Planning Scheme 2 covers an area of approximately 102 sq. km.
For trigger development of Dholera SIR, an Activation Area is identified which acts
as a catalyst for further investments and attracts local and global investors. The
Activation Area is spread across an area of approximately 22.5sqkm. The area has
approximately 72kms of roads and has an optimum mix of land use comprising of
industrial, residential, mixed use, recreation and tourism. The area selected is based
on immediate availability of land and its future status after implementation of TP
schemes (area with the highest opportunity of commencement of site work).
2. Project Brief

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This assignment is for “Consultancy Services for Detailed Engineering and Design
for Augmentation of existing 20 MLD and Balance 40 MLD Common Effluent
Treatment Plant”. This assignment is to be taken up by the Consultant under Dholera
Industrial City Development Limited (DICDL) – Employer.
An SPV under Indian Companies Act 2013 namely Dholera Industrial City
Development Limited (DICDL) has been formed with the equity participation from
Gujarat State Government and NICDCL and is responsible for implementation of the
Dholera SIR Project. Accordingly, Dholera Industrial City Development Limited in
the capacity of Employer invites Bids to undertake:
Request for Qualification cum Request for Bid for “Consultancy Services for
Detailed Engineering and Design for Augmentation of existing 20 MLD and
Balance 40 MLD Common Effluent Treatment Plant”
The detailed scope of services is provided in the Terms of Reference (TOR).

3. Objectives
Dholera Industrial City Development Limited (DICDL) has planned to augment the
Common Effluent Treatment Plant and for the purpose Consultancy services for
Detailed Engineering and Design for Augmentation of existing 20 MLD and Balance
40 MLD Common Effluent Treatment Plant

4. A Consultant will be selected under Least Cost Selection (LCS) and procedures
described in this RfQ cum RfP.

5. The RfQ cum RfP includes the following documents:

SECTION 1: Letter of Invitation
SECTION 2: Instructions to Consultants
SECTION 3: Bid data Sheet
SECTION 4: Pre-qualification Bid, Technical Bid and Financial Bid - Standard Forms
SECTION 5: General Conditions of Contract

SECTION 6: Special Conditions of Contract

SECTION 7: Terms of Reference
All clarifications/ corrigendum will be published only on the DICDL’s e-
tendering website. The official e–tendering website for accessing the information
related to this RfQ cum RfP is: www.nprocure.com (the “Official Website” and
“Official e –tendering Website”).
Note: From the “Home” page access the “Tenders” section to access all the uploaded
documents related to this RfQ cum RfP.

Yours sincerely,

---------------------------------------------------------------------------------------------------------------------------
MD
DICDL

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Section-2
Instructions to Consultants

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Section 2. Instructions to Consultants
2.1 Introduction
The Employer named in the Bid Data Sheet will select a consulting firm/ organisation
(the “Consultant”), in accordance with the method of selection specified in this RfQ
cum RfP and the Bid Data Sheet (BDS). Bidders are advised that the selection of
consultant shall be on the basis of an evaluation by the Employer through the selection
process specified in this RfQ cum RfP (the “Selection Process”). Bidders shall be
deemed to have understood and agreed that no explanation or justification for any
aspect of the Selection Process will be given and that DICDL’s decisions are without
any right of appeal whatsoever.
The Bidders are invited to submit Pre-qualification, Technical, and Financial Bids
(collectively called as “the Bid”), as specified in this RFP and in the Bid data sheet,
for the services required for the Assignment. The term “Bidder” refers to a single
entity or the group of entities coming together to execute the assignment. The Bid will
form the basis for contract signing with the selected Consultant. The Consultant shall
carry out the preliminary design and provide technical assistance in preparing tender
documents for implementation/construction contracts in accordance with the Terms
of Reference of this RfQ cum RfP (the “TOR”).
The Bidder shall submit his Bid in the form and manner specified in this RfQ cum
RfP. The Bid shall be submitted as per the forms given in relevant sections herewith.
Upon selection, the Bidder shall be required to enter into a contract with the Employer
in the form specified in this RfQ cum RfP (the “Contract”).
Bidders should familiarize themselves with local conditions and take them into
account in preparing their Bids.
The Employer will timely provide, at no cost to the Consultants, the inputs and
facilities required to carry out the services and provide relevant project data and
reports related to the Assignment available with the Employer. However, for
avoidance of doubt, it is hereby clarified that the aforesaid data/ information provided
under the RfQ cum RfP or to be provided later, is only indicative and solely for the
purposes of rendering assistance to the Bidders towards preparation of their Bids. The
Bidders are hereby advised to undertake their own due diligence (to their complete
satisfaction) before placing reliance on any such data/information furnished or to be
provided later by the Employer and/ or any of his consultants.
Bidders shall bear all costs associated with the preparation and submission of their
Bids, and their participation in the Selection process, and presentation including but
not limited to postage, delivery fees, expenses associated with any demonstrations or
presentations which may be required by Employer, or any other costs incurred in
connection with or relating to its Bid. The Employer is not bound to accept any Bid
and reserves the right to annul the selection process at any time prior to Contract
award, without thereby incurring any liability to the Bidders.
The Employer requires that the Consultant provides professional, objective, and
impartial advice and at all times hold Employer’s interests’ paramount, avoid conflicts
with other assignments or its own interests, and act without any consideration for

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future work. The Consultant shall not accept or engage in any assignment that may
place it in a position of not being able to carry out the assignment in the best interests
of the Employer and the Project.
It is the Employer’s policy to require that the Consultants observe the highest standard
of ethics during the Selection Process and execution of such contracts. In pursuance
of this policy, the Employer:
i. Defines, for the purposes of this provision, the terms set forth below as follows:
a) “Corrupt practice” means the offering, giving, receiving, or soliciting
anything of value to influence the action of officials in the Selection
Process or in contract execution; and
b) “Fraudulent practice” means a misrepresentation of facts in order to
influence the selection process or the execution of a contract in a way
which is detrimental to the Employer and includes collusive practices
among consultants (prior to or after submission of Bids) designed to
establish prices at artificial, non-competitive levels and to deprive the
Employer of the benefits of free and open competition.
ii. Will reject a Bid for award if it determines that the Bidder has engaged in corrupt
or fraudulent activities in competing for the contract in question.
iii. Will declare a Bidder ineligible, either indefinitely or for a stated period of time, to
be awarded a contract if it at any time determines that the Bidder has engaged in
corrupt or fraudulent practices in competing for and in executing the contract.
All Partner of the Joint Venture/Consortium are required to follow the highest level
of work ethics, if any member of the Joint Venture/Consortium has a Conflict of
Interest or indulge in “Prohibited Practices”; the whole Joint Venture/Consortium
is liable to be disqualified. Further, in the event any entity has been barred by the
Central Government, any State Government, a statutory authority or a public sector
undertaking, as the case may be, from participating in any project or bid, and the
bar subsists as on the date of Bid Due Date (the “BDD”), it would not be eligible
to submit a Bid either by itself or as part of a Joint Venture/Consortium.
Details related to timelines and submission of deliverables at each stage is given in
the Special Conditions of Contract (SCC) and Terms of Reference (TOR).
The Bid shall be valid for a period of not less than 180 (one hundred and eighty)
days from the BDD.
Brief Description of the Selection Process:
The Employer has adopted a Single Stage Three Part/Envelope selection process
(collectively the “Selection Process”) for evaluating the Bids comprising the Pre-
Qualification, Technical and Financial Bids (Only online submission) to be
submitted in separate sealed envelopes. The Pre-Qualification Bid shall be placed
separately in a sealed envelope titled Pre-Qualification Bid (PQ) along with the
processing fee and Bid Security as prescribed in this RfQ cum RfP document. The
Technical Bid shall be placed in a sealed envelope titled Technical Qualification
Bid (TQ) as prescribed in this RfQ cum RfP document and the Financial Bid shall
be submitted only through online portal www.nprocure.com. The submissions for

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Pre-Qualification Bid (PQ) shall be evaluated first as specified in this RfQ cum
RfP. Subsequently, the technical evaluation as specified in this RfQ cum RfP will
be carried out only for those Bidders who meet the Pre-Qualification criteria. Based
on this technical evaluation, a list of technically qualified Bidders shall be prepared.
Only the Financial Bids of shortlisted technically qualified Bidders, as per clause
2.7.8, will be opened. Bids will finally be ranked according to their quoted price as
specified in this RfQ cum RfP. The lowest quoted Bidder shall be selected for
contract signing (the “Successful Bidder”) while the second lowest quoted Bidder
will be kept in reserve.

Number of Bids:
No Bidder or its Partner/Associate shall submit more than one Bid for the
Consultancy Service. A Bidder applying individually or as a member of a Joint
Venture/Consortium shall not be entitled to submit another application either
individually or as a member of any Joint Venture/Consortium, as the case may be.
Visit to the Client and Verification of Information:
Bidders are encouraged to submit their respective Bids after visiting the office of
the Employer or its delegates as the case may be, and ascertaining for themselves
the availability of documents and other data with the Employer, Applicable Laws
and regulations or any other matter considered relevant by them.
Right to reject any or all Bids:
i. Notwithstanding anything contained in this RfQ cum RfP, the Employer
reserves the right to accept or reject any Bid and to annul the Selection
Process and reject all Bids, at any time without any liability or any
obligation for such acceptance, rejection or annulment, and without
assigning any reasons thereof.
ii. Without prejudice to the generality of above, the Employer reserves the
right to reject any Bid if:
a) at any time, a material misrepresentation is made or discovered, or
b) the Bidder does not provide, within the time specified by the
Employer, the supplemental information sought by the Employer for
evaluation of the Bid.
iii. Such misrepresentation/ improper response by the Bidder may lead to the
disqualification of the Bidder. If such disqualification/ rejection occurs after
the Bids have been opened and the lowest quoted Bidder gets disqualified/
rejected, then the Employer reserves the right to consider the next best
Bidder, or take any other measure as may be deemed fit in the sole
discretion of the Employer, including annulment of the Selection Process.
Acknowledgement by Bidder
i. It shall be deemed that by submitting the Bid, the Bidder has:
a) made a complete and careful examination of the RfQ cum RfP;
b) received all relevant information requested from the Employer;

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c) accepted the risk of inadequacy, error or mistake in the information
provided in the RfQ cum RfP or furnished by or on behalf of the
Employer;
d) satisfied itself about all matters, things and information, including
matters herein above, necessary and required for submitting an
informed Bid and performance of all of its obligations there under;
e) acknowledged that it does not have a Conflict of Interest; and
f) agreed to be bound by the undertaking provided by it under and in term
hereof.
ii. The Employer and/ or its advisors/ consultants shall not be liable for any
omission, mistake or error on the part of the Bidder in respect of any of the
above or on account of any matter or thing arising out of or concerning or
relating to RfQ cum RfP or the Selection Process, including any error or
mistake therein or in any information or data given by the Employer and/ or
its consultant.
RFQ cum RfP Processing Fee:
The RfQ cum RfP submissions shall be accompanied by a Bank Draft of an
amount as mentioned in the BDS in favour of “Dholera Industrial City
Development Limited”, payable at Gandhinagar, India, as a non-refundable
RfQ cum RfP Processing fee (the “RfQ cum RfP Processing Fee”). Bids
unaccompanied with the aforesaid RfQ cum RfP Processing Fee shall be liable to
be rejected by the Employer.
2.2 Clarification and amendment of RfQ cum RfP documents
Bidder may seek clarification on this RfQ cum RfP document no later than the date
specified in the Bid Data sheet. The Employer reserves the right to not entertain
any queries post that date. The Bidders are requested to forward the queries
essentially in Excel format provided on n-procure website by e-mail to
tender@dicdl.in. In addition the prospective bidders can submit the queries by any
other mode by letter, standard electronic means (PDF and word file)/ fax to the
Employer’s office addressed mentioned below. However, the prospective bidders
may please note that if the Queries are not forwarded by mail in excel form as
above, the same run the risk of no response from Employer at their risk.
Managing Director,
Dholera Industrial City Development Limited
6th Floor, Block No. 1 and 2, Udyog Bhavan,
Sector-11, Gandhinagar – 382011
Gujarat, India

Email:
tender@dicdl.in

FAX NO: +91-079- 29750502

Phone: +91-079- 29750500

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The Employer will endeavour to respond to the queries not later than 2 (two) weeks
prior to the BDD. The Employer will post the reply to all such queries on its official
e-tendering website [www.nprocure.com]. At any time before the submission of
Bids, the Employer may, for any reason, whether at its own initiative or in response
to a clarification requested by a prospective Bidder, modify the RfQ cum RfP
documents by an amendment. All amendments/ corrigenda/Addendum will be
posted only on the Employer’s Official e-tendering Websites. In order to afford the
Bidders a reasonable time for taking an amendment into account, or for any other
reason, the Employer may at its discretion extend the BDD.
The prospective bidders are advised to access the same time to time including for
any addendum modifications etc. on the RFQ cum RFP.
Date of pre-bid meeting and venue is mentioned in Bid Data Sheet. Bidders willing
to attend the pre-bid should inform Employer beforehand in writing and email. The
maximum number of participants from a Bidder, who chose to attend the pre-bid
meeting, shall not be more than two per Bidder. The representatives attending the
pre-bid meeting shall accompany with an authority letter duly signed by the
authorised signatory of his/her organisation.
FORMAT FOR PROVIDING PRE-BID QUERIES - Pl see remarks below *
RFP
Sr. No. Page no. Clause no. Query
stipulations

*Remarks :
The prospective bidders are requested to forward the queries essentially in Excel
format provided on n-procure website by e-mail to tender@dicdl.in. In addition,
the prospective bidders can submit the queries by any other mode by letter, standard
electronic means (PDF and excel file)/ fax to the Employer’s office addressed
mentioned below. However, the prospective bidders may please note that if the

---------------------------------------------------------------------------------------------------------------------------
Queries are not forwarded by mail in excel form as above, the same run the risk of
no response from Employer at their risk.
2.3 Bid security
A bid security in the form of a Demand Draft drawn in favour of ‘Dholera
Industrial City Development Limited’ payable at Gandhinagar, or FDR/ Bank
Guarantee, from a scheduled Indian Bank, for the sum of an amount as mentioned
in the BDS shall be required to be submitted by each Bidder (the “Bid Security”).
The bid security to remain valid for 30 days beyond bid validity period and a further
180 days of claim period from the bid security validity and may be extended as
may be mutually agreed between the Employer and Bidder from time to time.
The Demand Draft, FDR/Bank Guarantee in original shall be placed in an envelope
and attached with the envelope containing the Pre-Qualification Bid marked as
“RFQ – [name of assignment]” and “Not to be opened except in the presence of
evaluation committee”. Bids received without the specified Bid Security will be
summarily rejected.
The Employer will not be liable to pay any interest on bid security deposits. Bid
security of pre-qualified but unsuccessful Bidders shall be returned, without any
interest, within one months after signing the contract with the Successful Bidder or
when the selection process is cancelled by the Employer. The Successful Bidder’s
Bid Security shall be returned, without any interest upon the Bidder signing the
contract and furnishing the Performance Security in accordance with provision of
the RfQ cum RfP and contract.
The above Bid security may be forfeited, and the Bidder may also be debarred for
the period of up to Three (3) Years to participate in all types of tender published
by Dholera Industrial City Development Limited (DICDL) without prejudice to the
Employer’s any other right or remedy under the following conditions:
(i) If Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as envisaged under this RfQ cum
RfP (including the Standard Form of Contract);
(ii) If any Bidder withdraws its Bid during the period of its validity as specified
in this RfQ cum RfP and as extended by the Bidder from time to time,
(iii) In the case of the Successful Bidder, if the Successful Bidder fails to sign the
contract or provide the Performance Security within the specified time limit,
or
(iv) If the Bidder commits any breach of terms of this RfQ cum RfP or is found
to have made a false representation to the Employer.
2.4 Eligibility of Bidders
The Bidder for participation in the Selection Process, shall be a single entity or a
group of entities (the “Joint Venture/Consortium”), coming together to execute the
Assignment. However, no Bidder applying individually or as a partner of a Joint
Venture/Consortium, as the case may be, can be member of another Joint
Venture/Consortium bidding for the Assignment.

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A Bidder or a partner of Joint Venture/ Consortium may either be a sole
proprietorship firm/ a partnership firm/ a limited liability partnership/ a company
incorporated under the Companies Act 1956/ 2013 or a body corporate
incorporated under the applicable laws of its origin.
A Bidder shall not have a conflict of interest that may affect the Selection Process
or the Consultancy (the “Conflict of Interest”). Any Bidder found to have a
Conflict of Interest shall be disqualified.
A Bidder shall be deemed to have a Conflict of Interest affecting the Selection
Process, if:
i. the Bidder, its Joint Venture/Consortium partner (the “Partner”) or Associate
(or any constituent thereof) and any other Bidder, its Joint
Venture/Consortium Partner or Associate (or any constituent thereof) have
common controlling shareholders or other ownership interest; provided that
this disqualification shall not apply in cases where the direct or indirect
shareholding or ownership interest of a Bidder, its Partner or Associate (or
any shareholder thereof having a shareholding of more than 5 percent of the
paid up and subscribed share capital of such Bidder, Partner or Associate, as
the case may be) in the other Bidder, its Joint Venture/Consortium Partner or
Associate is less than 5 percent of the subscribed and paid up equity share
capital thereof; provided further that this disqualification shall not apply to
any ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act, 1956/
2013. For the purposes of this clause, indirect shareholding held through one
or more intermediate persons shall be computed as follows: (aa) where any
intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in
any other person (the “Subject Person”) shall be taken into account for
computing the shareholding of such controlling person in the Subject Person;
and (bb) subject always to sub-clause (aa) above, where a person does not
exercise control over an intermediary, which has shareholding in the Subject
Person, the computation of indirect shareholding of such person in the
Subject Person shall be undertaken on a proportionate basis; provided,
however, that no such shareholding shall be reckoned under this sub-clause
(bb) if the shareholding of such person in the intermediary is less than 26
percent of the subscribed and paid up equity shareholding of such
intermediary; or
ii. a constituent of such Bidder is also a constituent of another Bidder; or
iii. such Bidder or its Associate receives or has received any direct or indirect
subsidy or grant from any other Bidder or its Associate; or
iv. such Bidder has the same legal representative for purposes of this Bid as any
other Bid; or
v. such Bidder has a relationship with another Bidder, directly or through
common third parties, that puts them in a position to have access to each
other’s information about, or to influence the Bid of either or each of the
other Bidder; or

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vi. There is a conflict among this and other consulting assignments of the Bidder
(including its personnel and sub-consultants) and any subsidiaries or entities
controlled by such Bidder or having common controlling shareholders. The
duties of the Consultant will depend on the circumstances of each case. While
providing consultancy services to the Employer for this particular
assignment, the Consultant shall not take up any assignment that by its nature
will result in conflict with the present assignment; or
vii. a firm which has been engaged by the Employer to provide goods or works
or services for a project, and its Associates, will be disqualified from
providing consulting services for the same project save and except as per
provisions of this RfP, conversely, a firm hired to provide consulting services
for the preparation or implementation of a project, and its Partners or
Associates, will be disqualified from subsequently providing goods or works
or services related to the same project; or
viii. the Bidder, its Partner or Associate (or any constituent thereof), and the
bidder or Concessionaire, if any, for the Project, its contractor(s) or sub-
contractor(s) (or any constituent thereof) have common controlling
shareholders or other ownership interest; provided that this disqualification
shall not apply in cases where the direct or indirect shareholding or ownership
interest of a Bidder, its Partner or Associate (or any shareholder thereof
having a shareholding of more than 5 percent of the paid up and subscribed
share capital of such Bidder, Partner or Associate, as the case may be,) in the
bidder or Concessionaire, if any, or its contractor(s) or sub-contractor(s) is
less than 5 percent of the paid up and subscribed share capital of such
Concessionaire or its contractor(s) or sub-contractor(s); provided further that
this disqualification shall not apply to ownership by a bank, insurance
company, pension fund or a Public Financial Institution referred to in section
4A of the Companies Act, 1956/ 2013. For the purposes of this sub-clause
(viii), indirect shareholding shall be computed in accordance with the
provisions of sub-clause (i) above.
ix. For purposes of this RfQ cum RfP, Associate means, in relation to the Bidder,
a person who controls, is controlled by, or is under the common control with
such Bidder (the “Associate”). As used in this definition, the expression
“control” means, with respect to a person which is a company or corporation,
the ownership, directly or indirectly, of more than 50 percent of the voting
shares of such person, and with respect to a person which is not a company
or corporation, the power to direct the management and policies of such
person by operation of law or by contract.
An Bidder eventually appointed to provide Consultancy for this Assignment/
Project, and its Associates, shall be disqualified from subsequently providing goods
or works or services related to the construction and operation of the same Project
and any breach of this obligation shall be construed as Conflict of Interest; provided
that the restriction herein shall not apply after a period of 2 (two) years from the
completion of this Assignment or to consulting assignments granted by banks/
lenders at any time; provided further that this restriction shall not apply to
consultancy/ advisory services performed for the Employer in continuation of this
Consultancy or to any subsequent consultancy/ advisory services performed for the
Employer in accordance with the rules of the Employer. For the avoidance of doubt,

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an entity affiliated with the Consultant shall include a partner in the Consultant’s
firm or a person who holds more than 5 percent of the subscribed and paid up share
capital of the Consultant, as the case may be, and any Associate thereof.
Any entity which has been barred by the Central Government, any State
Government, a statutory authority or a public sector undertaking, as the case may
be, from participating in any project, and the bar subsists as on the date of the Bid,
would not be eligible to submit a Bid either by itself or through its Joint
Venture/Consortium.
The Bidders, who are executing contract(s) or has executed contract(s) in the past
for the Employer and any of the following event(s) have been encountered during
contract(s) execution, shall not be eligible to bid for the package(s) whose
originally scheduled date of bid opening falls within the specified period reckoned
from the date of determination by the Employer of such event as below:

Sr. No Event Period for which bid(s) shall

be considered as non-
responsive/ not eligible
1 Termination of Contract due to 3 year
Contractor’s default
2 Encashment of Performance Bank 3 year
Guarantee due to non-performance
3 Firm has been referred to NCLT under Till the firm comes out of
Insolvency & Bankruptcy Code (IRP Resolution process
has been appointed or Liquidation
proceedings have been initiated under
IBC)

The Employer shall be the sole judge in this regard and the Employer’s
interpretation on the aforesaid event(s) shall be final and binding
The Employer reserves the right to reject an otherwise eligible bidder on the basis
of the information provided under clause 2.4.6 & 2.4.7. The decision of the
Employer in this case shall be final.
In case the Bidder is a Joint Venture/Consortium, it shall, comply with the
following additional requirements:
i. Number of Partners in a Joint Venture/Consortium shall not exceed as
defined in the BDS.
ii. Subject to the provisions of sub-clause (i) above, the Bidder should contain
the information required for each Partner of the Joint Venture/Consortium;
iii. Partners of the Joint Venture/Consortium shall nominate one Partner as the
lead Partner (the “Lead Firm”). The nomination(s) shall be supported by a
Power of Attorney, as per the format in this RfQ cum RfP, signed by all the
other Partners of the Joint Venture/Consortium. The duties, responsibilities
and powers of such Lead firm shall be specifically included in the joint
Bidding Agreement. It is expected that the Lead Firm would be authorized to

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incur liabilities and to receive instructions and payments for and on behalf of
the Joint Venture/Consortium. The Employer expects that Lead Firm should
have maximum responsibility pertaining to execution of Assignment;
iv. The Bid should include a brief description of the roles and responsibilities of
individual Partners;
v. An individual Bidder cannot at the same time be a Partner of a Joint
Venture/Consortium applying for the Assignment. Further, a Partner of a
particular Bidder Joint Venture/Consortium cannot be Partner of any other
Bidder Joint Venture/Consortium applying for the Assignment;
vi. No Change in the composition of the Joint Venture/Consortium will be
permitted by the Employer during the Selection Process and during the
subsistence of the contract (in case the successful Bidder/ consultant is a Joint
Venture/Consortium).
vii. Partner of the Joint Venture/Consortium shall enter into a binding Joint
Bidding Agreement (the “Jt. Bidding Agreement”), for the purpose of
submitting a Bid. The Jt. Bidding Agreement, to be submitted along with the
Bid, shall, inter alia:
a) clearly outline the proposed roles and responsibilities, if any, of each
Partner;
b) include a statement to the effect that all partners of the Joint
Venture/Consortium shall be liable jointly and severally for all
obligations of the Consultant in relation to the Assignment until the
completion of the Assignment in accordance with the contract and the
TOR;
c) clearly define the proposed administrative arrangements (organisation
chart) for the management and execution of the Assignment, if awarded
to the Joint Venture/Consortium;
d) Except as provided under this RfQ cum RfP, there shall not be any
amendment to the Jt. Bidding Agreement without the prior written
consent of the Employer.
2.5 Preparation of Bid
The Bidders are requested to submit their Bid in English language and strictly in
the formats provided in this RfQ cum RfP. The Employer will evaluate only those
Bids that are received in the specified forms and complete in all respects.
In preparing their Bid, the Bidders are expected to thoroughly examine the RfQ
cum RfP Document. Material deficiencies in providing the information requested
may result in rejection of a Bid.
Pre-Qualification Bid:
The Pre-Qualification Bid should provide details of eligible projects as per the
standard forms so as to meet the Minimum Qualification Criteria prescribed in this
Annexure-A of Bid Data Sheet.
Technical Bid:

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While preparing the Technical Bid, the Bidders must give particular attention to
the following:
i. If any key professional proposed is not a permanent employee of the Bidder
(including in case of a JV/Consortium, of its partners), a certificate from the
key professional must be furnished mentioning his/her availability for the
project. In the absence of such certificate, his/her Curriculum vitae (CV) will
not be evaluated.
ii. The Bidder is to ensure that the time allocated for the proposed key
professional does not conflict with the time allocated or proposed for any
other assignment. The Employer reserves the right to request a workload
projection (including time spent on other projects/clients) for the key
professional.
iii. The composition of the proposed Team and Task Assignment to individual
personnel shall be clearly stated.
iv. No such key professional shall be proposed for any position if the CV of the
personnel does not meet the requirements of the Annexure-A of BDS and
TOR.
v. The key professional shall remain available for the period as indicated in the
RfQ cum RfP.
vi. No alternative Bid for any key professional shall be made and only one CV
for each position shall be furnished.
vii. Each CV needs to have been recently signed by the key professional and/or
countersigned by the authorized official of the Firm/Company. At the time
of submission of bid, the scanned copies of the signature of key professional
will be allowed but at the time of signing of contract, the original signature
will be required. However, in both the cases, original countersignature of
Authorised signatory shall be required in original.
viii. A CV shall be summarily rejected if the educational qualification of the key
professional proposed does not match with the requirement of the RfQ cum
RfP document.
ix. Client certifications for the projects listed under the experience section. The
certifications must confirm the project attributes (size, fee, duration etc.) and
the scope of work on the projects.
x. The Employer reserves the right to ask for proof of age and qualification at
any stage of the project.
xi. If the Bidder being a Joint Venture/Consortium is qualified on the strength
of the experience of a partner which is a foreign company/ entity-who
fulfilled the requirement stated under Clause 1.3.1 A of Annexure-A
BDS, requisite key professional proportionate to share in Joint
Venture/Consortium from that foreign company/ entity shall be fielded.
xii. In case a Bidder is proposing key professional from educational/ research
institutions, a ‘No Objection Certificate/ Consent Letter’ from the concerned
institution shall be enclosed with his CV clearly mentioning his/ her

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availability for the assignment. In the absence of such certificate, his/ her CV
will not be evaluated.
xiii. The personnel proposed should possess good working knowledge of English
Language.
xiv. No key professional involved should have attained the age of 60 (Sixty) years
at the time of submitting the Bid.
xv. The pre-qualification and technical Bid must not include any financial
information.
Failure to comply with the requirements spelt out above shall lead to the deduction
of marks during the evaluation. Further, in such a case, the Employer will be
entitled to reject the Bid.
Bids shall be typed or written in indelible ink and signed by the Authorised
Representative of the Bidder who shall initial each page, in blue ink. In case of
printed and published documents, only the cover shall be initialled. All the
alterations, omissions, additions, or any other amendments made to the Bid shall
be initialled by the person(s) signing the Bid. The Bids must be properly signed by
the authorised representative (the “Authorised Representative”) as detailed below:
i. by the proprietor in case of a proprietary firm;
ii. by a partner, in case of a partnership firm and/or a limited liability
partnership; or
iii. by a duly authorised person holding the Power of Attorney, in case of a
Limited Company or a corporation; or
iv. by the Authorised Representative of the Lead partner, in case of Joint
Venture/Consortium; and,
v. Power of Attorney, for the Authorised Representative and or the Lead Partner
of the Joint Venture/Consortium, if applicable, is executed as per Applicable
Laws.
Bidders should note the BDD, as specified in Bid Data Sheet, for submission of
Bids. Except as specifically provided in this RfQ cum RfP, no supplementary
material will be entertained by the Employer, and that evaluation will be carried
out only on the basis of Documents received by the closing time of BDD as
specified in Bid Data Sheet. Bidders will ordinarily not be asked to provide
additional material information or documents subsequent to the date of submission,
and unsolicited material if submitted will be summarily rejected. For the avoidance
of doubt, the Employer reserves the right to seek clarifications in case the Bid is
non-responsive on any aspects.
The Bid shall be accompanied by a certified copy of legally binding Joint Bidding
Agreement in case of Joint Venture/Consortium, in the format provided in this RfQ
cum RfP, signed by all firms/entities confirming the following therein:
i. Date and place of signing
ii. Purpose of Joint Venture/Consortium (must include the details of the
Services hereunder for which the Joint Venture/Consortium is bidding)

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iii. A clear and definite description of the proposed administrative arrangements
(organisation chart) for the management and execution of the assignment.
iv. Delineation of duties/ responsibilities and scope of work to be undertaken by
each Partner along with resources committed by each partner of the Joint
Venture/Consortium for the proposed services.
v. An undertaking that the partners of the Joint Venture/Consortium are jointly
and severally liable to the Employer for the performance of the services and
vi. The authorized representative of the Joint Venture/Consortium (as approved
by a Board resolution of Partner-in-Charge).
The furnishing of this Joint Bidding Agreement to the Employer shall not in any
manner prejudice the provisions in the contract relating to joint and severe liability
of the Partners.
Similarly, Power of Attorney for both authorised representative and lead partner of
the Joint Venture/Consortium shall also be furnished as per the formats available
in the RfQ cum RfP.
A Firm/Company can bid for the project either as a sole Bidder or in the form of
Joint Venture/Consortium with other eligible Firm/Company. Experience of sub-
consultant will not be considered while evaluating the bid.
The Technical Bid should provide the following information using the attached
Standard Forms.
i. For recent assignments of similar nature, the outline should indicate, inter
alia, the profiles and names of the staff provided, duration of the assignment,
contract amount, and firm’s involvement.
ii. The comments and suggestions provided by the Bidder on the RfQ cum RfP/
contract/ TOR are not binding and shall not affect the Financial Bid.
iii. Detailed approach and methodology for undertaking the current assignment.
iv. Against the list of proposed staff, details of tasks assigned to each staff as per
his/ her experience shall influence the evaluation.
v. Each page of the CV must be signed in original by the Authorised
representative together with original or electronic signature of the key
professional at the Bid stage. However, at the time of contract signing,
original signatures of both authorised representative and the key
professionals shall be required.
vi. The Bidder shall make the assessment of support personnel both technical
and administrative to undertake the Assignment. Additional support and
administrative staff shall be provided as needed for the timely completion of
the Assignment within the total estimated cost. The Bidder should provide
time estimates of key professional as well as support staff in the staffing
schedule. It is stressed that the time period for the Assignment indicated in
the TOR should be strictly adhered to.
vii. Ongoing projects can be submitted with detail of progress supported by
suitable documents. Projects/ assignments completed up to eighty (80)

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percent or more, subject to the Detailed Project Report (DPR) must be
approved by the Client, shall only be considered for evaluation but marks
awarded for such projects shall only be up to Eighty (80) percent of
maximum marks. The Bidder shall provide the proof that the DPR of project
approved through a certificate issued by the Client. Further, The bidder also
provide the proof that the project is completed up to eighty (80) percent
through copy of invoice or payment received till date and certificate from the
respective client.
viii. It is preferable that number equivalent to 75% of the total number of the key
professionals (for example if Total number of key professional is 10 than
total number shall be 8) including team leader proposed be permanent
employee of the Bidder/ Partner of a Joint Venture/Consortium and have an
extended and stable working relation with it. If any key professional
proposed is not a permanent employee of the Bidder (including in case of a
JV/Consortium, of its partners), a certificate from the key professional must
be furnished mentioning his/her availability for the project. In the absence of
such certificate, his/her Curriculum vitae (CV) will not be evaluated.
Financial Bid:
While preparing the Financial Bid, Bidders are expected to take into account the
various requirements and conditions stipulated in this RfQ cum RfP document. The
Financial Bid should be a lump sum Bid inclusive of all the costs including but not
limited to all taxes & duties associated with the Assignment. While submitting the
Financial Bid, the Bidder shall ensure the following:
i. All the costs associated with the Assignment shall be included in the
Financial Bid. These shall normally cover remuneration for all the
personnel (Expatriate and Resident, in the field, office, etc.),
accommodation, air fare, transportation, equipment, printing of documents,
secondary and primary data collection, etc. The total amount indicated in
the Financial Bid shall be without any condition attached or subject to any
assumption and shall be final and binding. In case any assumption or
condition is indicated in the Financial Bid, it shall be considered non-
responsive and liable to be rejected.
ii. The Financial Proposal shall take into account all the expenses and tax
liabilities and cost of insurance specified in the draft contract, levies and
other impositions applicable under the prevailing law on the Consultants,
sub-consultants and their staff. For the avoidance of doubt, it is clarified
that all taxes, excluding GST, shall be deemed to be included in the cost
shown under different items of Financial Bid.

iii. The Bidder shall be paid only GST over and above the cost of Financial Bid
as per prevailing rate. Further, all payments shall be subjected to deduction
of taxes at source as per Applicable Laws.
The Bid should be submitted as per the standard Financial Bid submission forms
prescribed in this RfQ cum RfP.

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The Financial Bid shall be divided into professional fee and other items as per
forms prescribed in this RfQ – cum – RfP document. The breakup of remuneration
and other items should match the total cost of the Financial Bid.
The prices shall remain firm during entire period of services envisaged in the RFQ
cum RFP. The Bidder shall express the price of their services (including break
down of their costs) in Indian Rupees.
The Bidder may be subjected to local taxes (such as GST, social charges or income
taxes on non-resident foreign personnel, duties, fees, levies etc.) on amounts
payable by the Employer under the Contract. The Bidder must do their due
diligence about the tax implications and the Employer will not be liable for any
incident/implication.
The Bids must remain valid for a period as specified under clause 2.1.11 of this
RFP. During this period, the Bidder is expected to keep available the professional
staff proposed for the assignment. The Employer will make its best effort to
complete evaluation/negotiations within this period. If the Employer wishes to
extend the validity period of the Bids, it may ask the Bidders to extend the validity
of their Bids for a stated period. The Bidders, who do not agree, have the right not
to extend the validity of their bids.
2.6 Submission, receipt and opening of Bids
The Bid shall be prepared in indelible ink. It shall contain no inter-lineation or
overwriting, except as necessary to correct errors made by the firm itself. Any such
corrections must be initialled by the person or personnel who sign the Bid.
The Authorised Representative of the Bidder should initial all pages of the pre-
qualification, technical and financial Bid. The Authorised Representative’s
authorisation should be confirmed by a written power of attorney by the competent
authority accompanying the Bid.
The Bidder shall submit two (2) copies of Pre-qualification Bid (one original and
one copy), two (2) copies of Technical Bid (one original and one copy) plus one
soft copy in a PDF format. One soft copy in PDF format of both Pre-qualification
and Technical Bid shall also be submitted by the Bidder.
The Pre-qualification and Technical Bids must necessarily be ‘Hard
Bound/Spiral Bound’ separately and all pages serially numbered. ‘Hard
Bound/Spiral Bound’ implies such binding between two covers through
stitching whereby it may not be possible to replace any paper without
disturbing the document. In case of any discrepancy between the original and
the copy (including soft copy) of the pre-qualification and technical bid, the
contents as per original will only be considered.
The Pre-qualification Bid and RfQ cum RfP Tender processing fee and Bid security
shall be placed in a sealed envelope clearly marked “Pre-Qualification Bid – [name
of assignment]”, Technical Bid shall be placed in a sealed envelope clearly marked
“Technical Bid – [name of assignment],”. All envelopes shall be placed into an
outer sealed envelope bearing the name of assignment, submission address and

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marked “DO NOT OPEN EXCEPT IN PRESENCE OF THE EVALUATION
COMMITTEE.”
Bid submissions:

Envelope Content Forms

Request for Qualification (RfQ) and Request NA
Outer Envelop
for Proposal (RfP)
Form 4AA
Form 4AB
Processing fee and Bid Security (separate
Form 4AC
Pre-qualification sealed envelope) and Pre-qualification bid
Form 4AD
Bid (separate sealed envelope) with CD/Pen drive
Form 4AE
containing soft copy of Pre-qualification bid
Form 4AF
Form 4AG
Form 4AH
Form 4AI
Form 4AJ
Technical Bid (separate envelope), with
Form 4AK
Technical Bid CD/Pen drive containing soft copy of Technical
Form 4AL
Bid
Form 4AM
Form 4AN
Form 4AO
Form 4BA
Form 4BB
Financial Bid (Only Online Submission)
Form 4BC
Form 4BD

Apart from the above hard copy of bid submission, the Bidder shall also upload the
Pre-Qualification and Technical Bid on the Employer’s e-tendering website i.e.
[www.nprocure.com].
The Financial Bid needs to be submitted online only on the Employer’s e-
tendering website.
No Hard copy of Financial Bid shall be submitted by the Bidder.
Submission address:
Managing Director,
Dholera Industrial City Development Limited
6th Floor, Block No. 1 and 2, Udyog Bhavan,
Sector-11, Gandhinagar – 382011
Gujarat, India

No bid shall be accepted after the closing time for submission of Bids.
After the deadline for submission of bids the Pre-qualification Bid will be opened
by the Tender Evaluation Committee (TEC) to assess the bids on Minimum
Qualification Criteria. The Technical Bid envelope shall remain sealed.

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After the Bid submission until the contract is awarded, if any Bidder wishes to
contact the Employer on any matter related to its bid, it should do so in writing at
the Bid submission address. Any effort by the firm to influence the Employer
during the Bid evaluation, Bid comparison or contract award decisions may result
in the rejection of the Bidder’s Bid.

2.7 Bid evaluation

A Consultant will be selected under Least Cost Selection (LCS) and procedures
described in this RfQ cum RfP and in the BDS.
As part of the evaluation, the Pre-Qualification Bid submission shall be checked to
evaluate whether the Bidder meets the prescribed Minimum Qualification Criteria
in the Annexure-A of BDS. Subsequently the Technical Bid submission, for
Bidders who meet the Minimum Qualification Criteria (the “Shortlisted Bidders”),
shall be checked for responsiveness in accordance with the requirements of the RfQ
cum RfP and only those Bids which are found to be responsive would be further
evaluated in accordance with the criteria set out in this RfQ cum RfP document.
Prior to evaluation of Bids, the Employer will determine whether each Bid is
responsive to the requirements of the RfQ cum RfP at each evaluation stage as
indicated below. The Employer may, in its sole discretion, reject any Bid that is not
responsive hereunder. A Bid will be considered responsive only if:
a) Pre-Qualification Bid Stage

i. The Pre-Qualification Bid is received in the form specified in this RfQ

cum RfP;
ii. It is received by the Bid Due Date including any extension thereof in
terms hereof;
iii. It is accompanied by the Processing Fee and Bid Security as specified
in this RfQ cum RfP;
iv. It is accompanied by Joint Bidding Agreement, the Power of Attorney,
for the Authorised Representative and the Lead Partner of the Joint
Venture/Consortium, if applicable;
v. It is signed, sealed, bound together in hard/spiral, covered and marked
as stipulated in this RfQ cum RFP;
vi. It does not contain any condition or qualification; and,
vii. It is not non-responsive in terms hereof.

b) Technical Bid Stage

i. The Technical Bid is received in the form specified in this RfQ cum
RfP;
ii. It is received by the Bid Due Date including any extension thereof in
terms hereof;

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iii. It is signed, sealed, bound together in hard/spiral, covered and marked
as stipulated in this RfQ cum RfP;
iv. It does not contain any condition or qualification; and
v. It is not non-responsive in terms hereof.

c) Financial Bid Stage: (to be submitted online only)

i. The Financial Bid is received in the form specified in this RfQ cum
RfP;
ii. It is submitted online on Employer’s e-tendering website;
iii. It does not contain any condition or qualification; and
iv. It is not non-responsive in terms hereof.
The Employer reserves the right to reject any Bid which is non-responsive and no
request for alteration, modification, substitution or withdrawal will be entertained
by the Employer in respect of such Bid. However, Employer reserves the right to
seek clarifications or additional information from the Bidder during the evaluation
process. The Employer will subsequently examine and evaluate Bids in accordance
with the Selection Process detailed out in the Annexure-A of BDS and below.
The minimum technical score required to qualify technical evaluation is defined
under BDS. A Bid will be considered unsuitable and will be rejected at technical
bid evaluation stage if it does not respond to important aspects of RfQ cum RfP
Document and the Terms of Reference or if it fails to achieve the minimum
technical score. The Employer will notify Bidders who fail to score the minimum
technical score about the same.
As part of the evaluation, the Pre-Qualification Bids submitted should fulfil the
Minimum Qualification Criteria. In case a Bidder does not fulfil the Minimum
Qualification Criteria, the Technical Bid of such a Bidder will not be opened and
evaluated further. In such cases, the Technical Bid envelope containing the
Technical Bid will be returned unopened after issue of Letter of Award to the
selected bidder.
The Employer will notify the Bidders who secure the minimum qualifying
technical score and shortlist as per clause 2.7.8 below, indicating the date and time
set for opening the Financial Bids. The notification may be sent by registered letter,
facsimile, or electronic mail.
The shortlisting of the bidders for the financial bid opening will be carried out as
per the following:
a) The Bidders, who secure the minimum qualifying technical score, will
finally be ranked in accordance with their technical score.
b) The financial bid will be opened only of the first “N” number ranked
bidders, subject to a minimum value of the number (N) being Three (3)
where N is defined as follows:
N = (n+1)/2; if n is an odd number.

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N = n/2; if n is an even number.

Where
N = Total Number of Shortlisted Bidders for Financial Bid opening.
n = Total Number of Bidders who secure the minimum qualifying
technical score.
c) In case the total number of bidders who secure the minimum qualifying
technical score less than or equal to three (3), then the financial bid of all
the bidders shall be opened.
The Financial Bids will be opened publicly/online in the presence of Bidders’
representatives who choose to attend. The name of the Bidders, their technical
scores and the proposed prices will be read aloud and recorded when the Financial
Bids are opened.
Tender Evaluation Committee will determine whether the Financial Bids are
complete in all respects, unqualified and unconditional, and submitted in
accordance with the terms hereof.
The cost indicated in the Financial Bid shall be deemed as final and reflecting the
total cost of services and should be stated in INR only. The man-months considered
for calculation of costs for the personnel in the Financial Bid should match the
man-months for the corresponding personnel given in the Technical Bid. In case,
the man-months considered for calculation of costs for the personnel in the
Financial Bid are more than the corresponding man-months given in the Technical
Bid, the man-months considered in the Financial Bid shall be reduced to match the
man-months given in the Technical Bid with a corresponding reduction in the cost
indicated in the Financial Bid. In case the man-months considered for calculation
of costs for the personnel in the Financial Bid are less than the corresponding man-
months given in the Technical Bid, the Consultant has to deploy the personnel for
the man-months given in the Technical Bid, without any claim or increase of the
Financial Bid. Omissions, if any, in costing of any item shall not entitle the Bidder
to be compensated and the liability to fulfil its obligations as per the Terms of
Reference within the total quoted price shall be that of the Bidder. The evaluation
shall exclude those taxes, duties, fees, levies and other charges imposed under the
Applicable Law as applicable on foreign and domestic inputs.
The lowest Financial Bid will be considered to be the successful Bidder and will
be invited for contract signing (the “Successful Bidder”).
2.8 Negotiations
The Selected Bidder may, if necessary be invited for negotiations. The negotiations
shall generally not be for reducing the price of the Bid, but will be for re-confirming
the obligations of the Consultant under this RfQ cum RfP, if so required. Issues
such as deployment of Key Professional, understanding of the Scope of Service,
methodology and quality of the Service plan shall be discussed during negotiations.
In case the Selected Bidder fails to reconfirm its commitment, the bid security shall

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be forfeited, and the Authority reserves the right to designate the next ranked
Bidder as the Selected Bidder and invite it for negotiations.
The Employer will examine the CVs of all other Professional Personnel and those
not found suitable shall be replaced by the Successful Bidder to the satisfaction of
the Employer.
The Employer will not normally consider substitutions except in cases of
incapacity of key professional for reasons of health. Similarly, after award of
contract the Employer expects all the proposed key professional to be available
during implementation of the contract. The Employer will not consider
substitutions during contract implementation except under exceptional
circumstances by replacement with better qualified and experienced personnel
subject to Employer approval. In no case more than two replacements of key
personnel shall be permitted during negotiation and in such cases successful Bidder
shall have to submit affidavit to the effect that during the period of assignment the
replaced key personnel shall not be professionally employed anywhere in
Employer’s works. Employer shall not further consider CV of such key personnel
directly or indirectly for any of its projects for this period. The reduction in
remuneration of such replacements shall be 5% (Five Percent) each on quoted rates
for maximum two (2) replacements within validity period of bid. In case during
negotiations held within validity period of bid, more than two replacements are
sought by the successful Bidder, his Bid shall be considered as Non-Responsive.
In case during interaction with the key personnel at the time of negotiation it is
found that the key personnel proposed is un-suitable for the assignment position,
his replacement by equivalent or better shall be provided by the Bidder. No
deduction for such replacement who are not found suitable during interaction shall
be made.
2.9 Award of contract
After selection, a Letter of Award (the “LOA”) will be issued, in duplicate, by the
Employer to the Successful Bidder and the Successful Bidder shall, within 7
(seven) days of the receipt of the LOA, sign and return the duplicate copy of the
LOA in acknowledgement thereof. In the event the duplicate copy of the LOA duly
signed by the Successful Bidder is not received by the stipulated date, the Employer
may, unless it consents to extension of time for submission thereof, forfeit the Bid
Security of such Bidder as damage suffered by the Employer on account of failure
of the Successful Bidder to acknowledge the LOA, and the second round of
bidding, as per clause no 2.9.2, may be called or new bids may be called.
In the event that the Lowest quoted Bidder withdraws or is not selected for any
reason in the first instance (the “first round of bidding”), the Employer may invite
all the remaining Bidders (whose Financial bids have been discovered) to
revalidate or extend their respective Bid Security, as necessary, and match the Bid
of the aforesaid Lowest quoted Bidder (the “second round of bidding”). If in the
second round of bidding, only one Bidder matches the Lowest Bidder, it shall be
the Selected Bidder. If two or more Bidders match the said Lowest Bidder in the
second round of Bidding, then the Bidder whose Bid was lower as compared to
other Bidders in the first round of bidding shall be the Selected Bidder. For
example, if the third and fifth highest Bidders in the first round of bidding offer to

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match the said Lowest Bidder in the second round of bidding, the said third lowest
Bidder shall be the Selected Bidder.
2.10 Performance Security
The Successful Bidder shall, for the performance of its obligations hereunder
during the Consultancy Service Period, provide to the Employer, within 28
(Twenty Eight) days of the date of issue of letter accepting the tender/letter of
award, an irrevocable and unconditional guarantee from a Bank in the form set
forth in Appendix 4C-II- (the “Performance Security”) for an amount equal to 5%
(Five Percent) of the Contract Price in case of sole bidder and 4% (For Percent) in
case of Lead Partner of JV/Consortium.
In addition to above the JV/Consortium partner, if so, shall, for the performance of
its obligations hereunder during the Construction Period, provide to the Employer,
within 28 (Twenty Eight) days of the date of issue of letter accepting the
tender/award of work, an irrevocable and unconditional guarantee from a Bank in
the form set forth in Appendix 4C-II- (the “Performance Security”) for an amount
equal to 2% (Two Percent) of the Contract Price.
In addition to the above performance security, if the successful Bidder has quoted
a tendered cost below 20% (twenty percent) of the estimated cost of the consultancy
Services mentioned in the BDS, in such a case, the successful Bidder shall have to
submit an additional Performance Security of the differential cost of the 80% of
the estimated cost and the Quoted Cost. The successful Bidder shall provide said
additional Performance Security within 28 (Twenty Eight) days of the date of issue
of letter accepting the tender/award of work. The Additional Performance Security
shall be valid until 60 (sixty) days after the Date of Completion of the Consultancy
Services.
In the case of failure of the successful Bidder to comply with the requirements of
the above-stated clause (2.10.1 & 2.10.2) shall constitute sufficient grounds for the
annulment of the Letter of Award and for the forfeiture of the bid security, in which
event, as per clause no 2.9.2, the Employer may invite all the remaining Bidders to
revalidate or extend their respective Bid Security, as necessary, and match the Bid
of the aforesaid Lowest Bidder or call for new bids.
For the successful bidder the Performance Security shall be retained by the
Employer until the completion of the assignment by the Consultant and be released
365 (Three hundred Sixty fifty) days after the completion of the assignment.
Provided further that the validity of Performance Security shall be extended from
time to time, depending upon extension of contract granted in terms of Contract
Agreement.
2.11 Risks and coverage
The Successful Bidder shall have to submit following insurances, within 28
(Twenty-Eight) days of the date of issue of letter accepting the tender/letter of
award, to the Employer:
a) Third Party motor vehicle liability insurance as required under Motor Vehicles
Act, 1988 in respect of motor vehicles operated in India by the Consultants or

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their Personnel or any Sub consultants or their Personnel for the period of
consultancy.
b) Third Party liability insurance with a minimum coverage, for Rs.1, 00, 00,000/-
(Rupees one crore) for the period of consultancy.
c) Professional Liability Insurance: Consultants will maintain at its expense,
Professional Liability Insurance including coverage for errors and omissions
caused by Consultant’s negligence, breach in the performance of its duties under
the Contract from an Insurance Company permitted to offer such policies in India,
for a period of five years beyond completion of Consultancy Services
commencing from the Effective Date, (i) For an amount not exceeding total
payments for Professional Fees and Reimbursable Expenditures made or
expected to be made to the Consultants hereunder or (ii) the proceeds, the
Consultants may be entitled to receive from any insurance maintained by the
Consultants to cover such a liability, whichever of (i) or (ii) is higher with a
minimum coverage of [insert amount and currency]. The indemnity limit in terms
of “Any One Accident” (AOA) and “Aggregate limit on the policy period” (AOP)
should not be less than the amount stated in the contract. In case of Joint
Venture/Consortium the policy should be in the name of Joint
Venture/Consortium and not by the individual partners of the Joint
Venture/Consortium.
d) Employer’s liability and workers’ compensation insurance shall be in respect of
the Personnel of the Consultants and of any Sub consultant, in accordance with
the relevant revisions of the Applicable Law, as well as, with respect to such
Personnel, any such life, health, accident, travel or other insurance as may be
appropriate; and all insurances and policies should start from the date of
commencement of services and remain effective as per relevant requirements of
contract agreement.
e) Any other insurance that may be necessary to protect the Client, its employees
and its assets (against loss, damage or destruction, at replacement value)
including rioting and all Force Majeure Events that are insurable.

2.12 Execution of contract:

After acknowledgement of the LOA and furnishing of Performance Security as
aforesaid by the Successful Bidder, it shall execute the Agreement within 30
(Thirty-Eight) days from the date of issue of LOA. The Successful Bidder shall not
be entitled to seek any deviation in the Agreement.
2.13 Commencement of Assignment:
The Successful Bidder/ Consultant shall commence the Assignment on the date of
Commencement of services as prescribed in the General Conditions of
Contract/Special Conditions of Contract.
The duration of assignment shall be as defined in the BDS with option to extend
with mutual written agreement in accordance with provisions of contract
agreement.

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If the Successful Bidder fails to commence the assignment and sign the Contract
as specified herein, the Employer may invite the second round of bidding, as per
clause no 2.9.2, for issue of LOA. In such an event, the Bid Security/ Performance
Security, as the case may be, of the Successful Bidder shall be liable to be forfeited
by the Employer.

2.14 Confidentiality
Information relating to evaluation of bids and recommendations concerning awards
of contract shall not be disclosed to the Bidders who submitted the Bids or to other
persons not officially concerned with the process, until the winning firm has been
notified that it has been awarded the contract.
2.15 Fraud and corrupt practices
The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Selection Process.
Notwithstanding anything to the contrary contained in this RfQ cum RfP, the
Employer will reject a Bid without being liable in any manner whatsoever to the
Bidder, if it determines that the Bidder has, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice (collectively the “Prohibited Practices”)
in the Selection Process. In such an event, the Employer will, without prejudice to
its any other rights or remedies, forfeit the Bid Security, as compensation and
damages payable to the Employer for, inter alia, time, cost and effort of the
Employer, in regard to the RfQ cum RfP, including consideration and evaluation
of such Bidder’s Bid.
Without prejudice to the rights of the Employer under this Clause, hereinabove and
the rights and remedies which the Employer may have under the LOA or the
Agreement, if an Bidder or Consultant, as the case may be, is found by the
Employer to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice
or restrictive practice during the Selection Process, or after the issue of the LOA or
the execution of the Agreement, such Bidder or Consultant shall not be eligible to
participate in any tender issued by the Employer during a period of 3 (three) years
from the date such Bidder or Consultant, as the case may be, is found by the
Employer to have directly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as the case may be.
For the purposes of this Clause, the following terms shall have the meaning
hereinafter respectively assigned to them:
i. “corrupt practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the action of any
person connected with the Selection Process (for avoidance of doubt, offering
of employment to or employing or engaging in any manner whatsoever,
directly or indirectly, any official of the Employer who is or has been
associated in any manner, directly or indirectly with the Selection Process or
the LOA or has dealt with matters concerning the Agreement or arising there

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from, before or after the execution thereof, at any time prior to the expiry of
one year from the date such official resigns or retires from or otherwise
ceases to be in the service of the Employer, shall be deemed to constitute
influencing the actions of a person connected with the Selection Process; or
(ii) save as provided herein, engaging in any manner whatsoever, whether
during the Selection Process or after the issue of the LOA or after the
execution of the Agreement, as the case may be, any person in respect of any
matter relating to the Project or the LOA or the Agreement, who at any time
has been or is a legal, financial or technical consultant/ adviser of the
Employer in relation to any matter concerning the Project;
ii. “fraudulent practice” means a misrepresentation or omission of facts or
disclosure of incomplete facts, in order to influence the Selection Process;
iii. “coercive practice” means impairing or harming or threatening to impair or
harm, directly or indirectly, any persons or property to influence any person’s
participation or action in the Selection Process;
iv. “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Employer with the objective
of canvassing, lobbying or in any manner influencing or attempting to
influence the Selection Process; or (ii) having a Conflict of Interest; and
v. “Restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among Bidders with the objective of
restricting or manipulating a full and fair competition in the Selection
Process.

2.16 Pre-bid meeting

Pre-Bid Meeting of the Bidders will be convened at the designated date, time and
place. A maximum of two representatives of each Bidder will be allowed to
participate on production of the authorisation letter from the Bidder.
During the course of Pre-Bid Meeting, the Bidders will be free to seek clarifications
as per the format provided in this document (in excel) and make suggestions for
consideration of the Employer. The Employer will endeavour to provide
clarifications and such further information as it may, in its sole discretion, consider
appropriate for facilitating a fair, transparent and competitive selection process.
The prospective bidders are advised to post their queries within date specified in
the BDS.
2.17 Miscellaneous
The Employer, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to:
i. suspend and/or cancel the Selection Process and/or amend and/or supplement
the Selection Process or modify the dates or other terms and conditions
relating thereto;
ii. consult with any Bidder in order to receive clarification or further
information;

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iii. retain any information and/or evidence submitted to the Employer by, on
behalf of and/or in relation to any Bidder; and/or
iv. Independently verify, disqualify, reject and/or accept any and all submissions
or other information and/or evidence submitted by or on behalf of any Bidder.
It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Employer, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses
or liabilities in any way related to or arising from the exercise of any rights and/or
performance of any obligations hereunder, pursuant hereto and/or in connection
herewith and waives any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or future.
All documents and other information provided by the Employer or submitted by a
Bidder to the Employer shall remain or become the property of the Employer.
Bidders and the Consultant, as the case may be, are to treat all information as
strictly confidential. The Employer will not return any Bid or any information
related thereto. All information collected, analysed, processed or in whatever
manner provided by the Consultant to Employer in relation to the consultancy shall
be the property of the Employer.
The Employer reserves the right to make inquiries with any of the clients listed by
the Bidders in their previous experience record.
The extent of sub-contracting would be restricted to 30 (thirty) percent of the
contract price. The Consultant shall provide the particulars (such as name, financial
and technical background, excluding prices) of sub-consultants to the Employer for
the approval.
2.18 Jurisdiction
The Selection Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at Gandhinagar shall have exclusive jurisdiction over
all disputes arising under, pursuant to and/or in connection with the Selection
Process.

___________________________

Section-3

Bid Data Sheets

Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common Effluent
Treatment Plant
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BID DATA SHEETS (BDS)
The following bid specific data for the RFQ cum RFP for “Consultancy Services for Detailed
Engineering and Design for Augmentation of existing 20 MLD and Balance 40 MLD
Common Effluent Treatment Plant” shall amend and/or supplement and or add the
provisions in the Instruction to consultants (ITC):

Sl. No. ITC Clause Bid Data Details

Ref. No.

1. ITC 2.1.1 The Employer is:

Dholera Industrial City Development Ltd (DICDL)
6th Floor, Block No. 1 and 2,
Udhyog Bhavan, Sector-11,
Gandhinagar – 382011 Gujarat, India
Fax No: +91-79- 29750502
Phone: +91-079-29750500
Corporate Identification Number (CIN): U45209GJ2016SGC085839

E-mail Address:
i. tender@dicdl.in

2. ITC 2.1.1 & The method of selection is Least Cost Selection (LCS).
2.7.1 & 2.7.12

3. ITC 2.1.17 The RfQ cum RfP submissions shall be accompanied by a Bank Draft
of INR 23,600.00 (Indian Rupees Twenty Three Thousand Six
Hundred only) including GST in favour of “Dholera Industrial City
Development Limited”, payable at Gandhinagar, India, as a non-
refundable RfQ cum RfP Processing fee (the “RfQ cum RfP Processing
Fee”). Bids unaccompanied with the aforesaid RfQ cum RfP Processing
Fee shall be liable to be rejected by the Employer.

4. ITC 2.1.2 The assignment is for:

“Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant”

5. ITC 2.2.1 Not applicable

6. ITC 2.2.2 No Prebid meeting for this bid

7. ITC 2.3.1 A bid security in the form of a Demand Draft drawn in favour of
‘Dholera Industrial City Development Limited’ payable at
Gandhinagar, or FDR / Bank Guarantee, from a scheduled Indian Bank,

for the sum of INR 1,90,000/- (Rupees One Lakh Ninety Thousand
Only) shall be required to be submitted by each Bidder (the “Bid
Security”). The bid security to remain valid for 30 days beyond bid
validity period and a further 180 days of claim period from the bid
security validity and may be extended as may be mutually agreed
between the Employer and Bidder from time to time.

8. ITC 2.4.1 A Bidder shall be a single entity only

9. ITC 2.4.2 A Bidder may either be a proprietor/ partnership / limited liability

partnership/ a company incorporated under the Companies Act 1956/
2013 or a body corporate incorporated under the applicable laws of its
origin.

10. ITC 2.4.9 No Joint Venture shall be allowed in this bid

11. ITC 2.5.4 Additional Clause:

a) The Diploma/BE/B.Tech qualification of the proposed key
professional must be in regular mode from Universities/ Institutions
recognized and approved in India by UGC/ AICTE/ Appropriate
Statutory Authority (ies). The said qualification in part-time or
online or open/distance learning mode shall not be considered for
evaluation.
b) The ME/M.Tech qualification of the proposed key professional
must be regular or part-time from Universities/ Institutions
recognized and approved in India by AICTE. The said higher
qualification in open/distance learning mode shall not be
considered for evaluation.
c) Any other higher qualification except ME/M.Tech of the proposed
key professional must be regular or part-time from Universities/
Institutions recognized and approved in India by UGC/ AICTE

12. ITC 2.5.7

Date of issue of RfQ cum RfP 26.12.2024
2.5.17 &
2.16.2 Bid Due Date (online submission) at 15:00 Hrs 13.01.2025

Physical submission of bids at 15.00 Hrs 16.01.2025

Bid opening date (same as physical submission 16.01.2025

date 15:30 HRS)
13. ITC 2.7.5 The minimum technical score required to qualify technical evaluation
is 75%. A Bid will be considered unsuitable and will be rejected at
technical bid evaluation stage if it does not respond to important aspects
of RfQ cum RfP Document and the Terms of Reference or if it fails to

achieve the minimum technical score. The Employer will notify Bidders
who fail to score the minimum technical score about the same.

14. ITC 2.13.2 The duration of assignment shall be as below.

Four and Half (4.5) Months

15. Additional Clause:

a) A summary of experience (in one page) is to be provided by the
consultant for each of the key staff.
b) Age of the key staff proposed should not be more than 60 years on
the last day of submission of proposal.
c) The Employer reserves the right to ask for details regarding the
proof of age, qualification and association of the key staff with the
firm.
d) Consultants, who are executing ongoing mandates from DICDL,
must propose a separate team of key professionals while bidding
for this project.
e) Consultants, who are executing ongoing mandates from DICDL,
must propose a separate team of key professionals while bidding
for this project.

16. Additional Clause:

1. Beneficiary Name: Dholera Industrial City Development Limited

2. Bank Name: State Bank of India

3. Bank Address: ABCD Building, Dholera

4. Branch Name: Dholera Branch

5. Account No: 40234765466

6. Account Name: Dholera Industrial City Development Limited

7. IFSC Code: SBIN0063866

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1. Pre-Qualification of the Bidder

1.1. Pre-Qualification of bidder will be based on meeting the minimum pass/fail criteria
specified below regarding the Bidder’s technical experience and financial position as
demonstrated by the Bidder’s responses in the corresponding Bid form.

Technical experience and financial resources of any proposed sub-consultancy services

shall not be taken into account in determining the Bidder’s compliance with the qualifying
criteria.

The bid can be submitted only as a sole bidder. Joint Ventures are not allowed in this bid.

The Employer may assess the capacity and capability of the bidder, to successfully execute
the scope of Service covered under the project within stipulated completion period. This
assessment shall inter-alia include (i) document verification; (ii) details of consultancies
Services executed and in hand (iii) details of manpower and financial resources; (iv) past
experience and performance; (v) customer feedback; (vi) banker’s feedback etc.

1.2. As part of the evaluation, the Pre-Qualification Bids submitted should fulfil the Minimum
Qualification Criteria. In case a Bidder does not fulfil the Minimum Qualification Criteria,
the Technical Bid of such a Bidder will not be opened and evaluated further. In such cases,
the Technical Bid envelope containing the Technical Bid will be returned unopened after
issue of Letter of Award to the selected bidder.

1.3. Minimum Qualification Criteria: The Bidder meeting the following criteria are only
eligible for applying for this assignment. Firms/Companies not meeting these criteria need
not apply.

1.3.1. Technical Qualification requirement:

A. The Bidder shall be National /International@ level company in existence in India for
minimum 5 (Five) years as on Bid Due Date.

@ Note:
1. International bidders shall comply the norms of RBI, MCA & any other
Govt. Regulatory Authority/Agency for doing business in India.

2. Any Bidder from a country which shares a land border with India will be
eligible to bid only if the Bidder is registered with the Competent Authority
as per order no. F.No.6/18/2019-PPD (Order Public Procurement no.1)
dated 23/07/2020 and F.No.6/18/2019-PPD (Order Public Procurement
no.2) dated 23/07/2020, issued by Public Procurement Division,
Department of Expenditure, Ministry of Finance, Government of India
(DoE Order). Registration should be valid at the time of submission of bids
and at the time of Notification of Award.

However, the aforesaid condition for registration of Bidders from countries

(even if sharing land border with India) shall not be applicable to Bidders
from such countries to which Government of India has extended lines of
credit or in which Government of India is engaged in development projects.

For the aforesaid purpose,

(ii) “Bidder from a country which shares a land border with India” for
this purpose means:

a) An entity incorporated, established or registered in such a

country; or
b) A subsidiary of an entity incorporated, established or registered
in such a country; or
c) An entity substantially controlled through entities
incorporated, established or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country;
or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the
consortium or joint venture falls under any of the above

(iii) The beneficial owner for the purpose of (ii) (d) above will be under:

a) In case of a company or Limited Liability Partnership, the

beneficial owner is the natural person(s), who, whether acting
alone or together, or through one or more juridical person, has
controlling ownership interests or who exercises control
through other means

Explanation-
“Controlling ownership interest” means ownership of or
entitlement to more than twenty-five percent of shares or
capital or profits of the company

“Control” shall include the right to appoint majority of the

directors or to control the management or policy decisions
including by virtue of their shareholding or management rights
or shareholders agreement or voting rights;

b) In case of a partnership firm, the beneficial owner is the natural

person(s) who, whether acting alone or together, or through one
or more juridical person, has ownership of entitlement to more
than fifteen percent of capital or profits of the partnership;

c) In case of an unincorporated association or body of individuals,

the beneficial owner is the natural person(s), who, whether
acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen
percent of the property or capital or profits of such association
or body of individuals;

d) Where no natural person is identified under (a) or (b) or (c)

above, the beneficial owner is the relevant natural person who

e) In case of a trust, the identification of beneficial owner(s) shall

include identification of the author of the trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust
and any other natural person exercising ultimate effective
control over the trust through a chain of control or ownership.

3. An Agent is a person employed to do any act for another, or to represent

another in dealings with third person.

4. Further, the successful Bidder shall not allowed to sub-contract works to

any contractor from a country which shares a land border with India unless
such contractor is registered with the Competent Authority. This restriction
on subcontracting shall not be applicable for procurement of raw materials,
components, sub-assemblies etc. However, in case of finished goods
procured directly/indirectly from the vendors from the countries sharing
land border with India, such vendor will be required to be registered with
the Competent Authority.

5. The Bidder shall in its bid submit a certificate in compliance to DoE order.

B. The Bidder must have hold valid ISO-9001:2015 certificate as on bid due date.

C. The Bidder must have Experience of Detailed Design of Effluent Treatment Plant
for Industrial Area for Government of India (GOI)/ any State Government/Semi
Government. Agency/Public Sector Unit/Private#/International$ companies/agency
during last 10 (Ten) years for:

(i) One completed project with project capital costs not less than the amount
equal to 80% of the estimated cost of the project work. (The Estimated cost of
the project work =INR 200 Cr)

(ii) Two completed projects with project capital costs not less than the amount
equal to 50% of the estimated cost of the project work. (The Estimated cost of
the project work =INR 200 Cr)

(iii) Three completed projects with project capital costs not less than the amount
equal to 40% of the estimated cost of the project work. (The Estimated cost of
the project work =INR 200 Cr)

D. The Bidder must have experience of at least one project of detailed design of 30
MLD Effluent Treatment Plant up to tertiary treatment level, which is under
operation since last one year.

Note:

a) Employer’s order copies and completion certificates should be submitted for

substantiating the experience claimed by the bidder. (Items of PO and completion
certificates must match)

c) In the case of the experience for the private companies/agency, the bidder shall
also have to submit the copy of the final bill and FORM-26AS for the same.

d) In the case of the experience of the International companies/agency, the bidder

shall have to get order copies and completion certificates legalised by the Indian
Embassy in that country and submit the same for substantiating the experience.

Supporting documents furnished by the Bidder with the Bid may be in any
other language provided that they are accompanied by translations of all the
pertinent passages in the English language, duly authenticated and certified
by the Bidder. Supporting materials, which are not translated into English,
may not be considered. For the purpose of interpretation and evaluation of
the Bid, the English language translation shall prevail.

1.3.2. Financial Qualification requirement:

(i) Minimum Average Annual Turnover (MAAT) of consultancy services should be

INR 10.00 Crore per annum for three immediately preceding financial year.

(ii) Net Worth: The Bidder shall have a minimum Net Worth (the “Financial
Capacity”) of INR 01.00 Crore at the close of the preceding financial year.

(iii) The bidder (or any member of the JV/Consortium) should be financially sound
and should have not applied for Corporate Debt Restructuring (CDR) during last
05 (five) years.

(iv) Liquid assets and/ or credit facilities of not less than INR 01.00 Crore.

(v) The Bidder and JV/consortium partner both should have been profit (net) making
Company/firms individually at least in three financial years out of the last five
financial years prior to submitting the Bid.

All the above items should be certified by the Chartered accountant / Statutory Auditor of
the company. In case of non- availability of such documents the same will not be considered.

1.3.3. Following enhancement factor will be used for the cost of services provided from
consultancy business to a common base value for works completed in India:

Year of completion of services / turnover Enhancement factor

Financial year 2024-25 | Current Financial Year 1.00
Financial year 2023-24 1.10
Financial year 2022-23 1.21
Financial year 2021-22 1.33
Financial year 2020-21 1.46
Financial year 2019-20 1.61
Financial year 2018-19 1.77
Financial year 2017-18 1.95
Financial year 2016-17 2.14
Financial year 2015-16 2.36

1.3.4. For Eligible Projects ongoing projects completed to an extent of Eighty (80) percent can
also be considered as eligible for qualification. A copy of completion certificate from
the Client/Employer along with work order copy is required for qualification.

2. Technical Evaluation Criteria:

2.1. The Tender Evaluation Committee (“TEC”) appointed by the Employer will carry out the
technical evaluation of Bids on the basis of the following evaluation criteria and points
system. Each evaluated Bid will be given a technical score as detailed below. The
maximum points/ marks to be given under each of the evaluation criteria are:

Sr.
Evaluation Criteria Points
No.
A Specific experience of the consultants related to the Assignment:- 30
The Bidder shall have Experience of Detailed Design of Effluent
Treatment Plant for Industrial Area for Government of India (GOI)/
any State Government/Semi Government. Agency/Public Sector
Unit/Private#/International$ companies/agency.

The emphasis will be on relevance of the projects to the assignment,

size and nature of the projects i.e. of comparable size, complexity
and technical specialty.

Capital costs more than INR 160 Crore- 10

Capital costs more than INR 100 up to 160 Crore- 08
Capital costs INR 80 up to 100 Crore- 06

Remarks:

1. Similar project:-
Preparing preliminary/detailed engineering design of
industrial effluent treatment plant

2. The Bidder has to submit a Maximum Three number of

projects since only three projects shall be considered for
Evaluation.

3. If capital cost of the project would be less than INR 80

Cr then the same shall not be considered for the
evaluation
B Minimum Average Annual Turnover (MAAT) from consultancy 10
services for last 3 financial Years

If MAAT for last three FY more than 14 Cr- up to 20 Cr = 8

If MAAT for last three FY 10 Cr - up to 14 Cr = 6

C Qualification and competence of the key staff for the Assignment 50

D Adequacy of the proposed project management and technical 10

approach, work plan and methodology in response to the TOR. A
presentation (if desired by evaluation committee) will be required
to describe:

• Project appreciation and understanding of assignment

• Project approach and methodology
• Duties and responsibilities of the team leader and other key
personnel
• Awareness of the Geological & Environmental conditions of
the project Area
• Work plan and manning schedule
Total Points 100

Note: A copy of completion certificate from the Client/Employer along with work order
copy is required for qualification.

2.2. Qualification and competence of key professional: Qualifications and competence of the
key staff for the assignment

Minimum
years of
Sr. No. Position Specific expertise
professional
experience
1. Team Leader cum 20 Should have Master’s degree in Civil
Wastewater expert / Mechanical / Environmental
Engineering and complete life cycle
experience in planning, design and
management of large-scale
infrastructure related to Industrial
wastewater / Common effluent
treatment plant and conveyance
system. Preferably effluent from
chemicals, electronics, electroplating
and associated industries.
The Team Leader should have
experience in Design-Build Contracts
for Industrial Common Effluent
treatment Plant.

4. Water and 15 Should have bachelor’s degree in

wastewater civil engineering with master’s
treatment/ degree in water resources/ irrigation/
network design environmental engineering /
expert hydraulics / public health engineering
with experience in planning &
management of water and wastewater
treatment systems, network and
experience with latest national and
international standards. Should also
have experience of latest hydraulic
design software like Water Gems,
Sewer Gems etc.
5. Senior Structural 15 Should be a civil engineer with 15
Engineer years of experience in the field of
structural design for water,
wastewater treatment, distribution,
conveyance projects.
6. ICT / electronic 10 Bachelor’s in Electronics /
& Instrumentation engineering with
instrumentation experience in designing ICT network
expert /SCADA for smart cities, and IT infrastructure
expert for large cluster level or large area
development projects including
implementation of SCADA in
wastewater treatment plants,
distribution and collection networks.
Should have experience in systems
integration and knowledge of latest
technology in ICT/SCADA fields.

2.3. The total number of marks allocated for qualification and competence of the proposed Key
Staff is 50 marks, distributed among 07 key professional staff, as detailed further:

S. No. Key Personnel Marks

1. Team Leader cum Wastewater expert 10
2. Senior Process Engineer 7
3.Senior Engineer Mechanical 7
4.Water and wastewater treatment 8
5.Senior Structural Engineer 7
network design expert
6.ICT / electronic & instrumentation /SCADA 4
7 Environmental Engineer 7
&
Total 50
instrumentation expert /SCADA expert
2.4. Evaluation criteria for Key professional

A. GENERAL QUALIFICATIONS 32%

A1. Technical qualifications 50%
A2. Professional experience 45%
A3. Training and publications 5%
B. ADEQUACY FOR THE ASSIGNMENT 62%
B1. Experience in similar capacity/ broad sector 50%
B2. Experience relevant to TOR/ Assignment 45%
B3. Overseas/ International experience 5%
C. FAMILIARITY WITH THE REGION 3%
C1. Work Experience in project in Gujarat region in India 70%
(Minimum Two Year)
C2. Knowledge of local language and culture 30%
D. ASSOCIATION WITH THE FIRM 3%
D1. Full Time permanent staff 70%
D2. Years of association (More Than 3 Years) 15%
D3. Years of association (More Than 5 Years) 15%
CV’s having higher qualification and higher relevant experience shall get more marks
during evaluation (within the set limits as stated in the table above).

In order to qualify the CV, a minimum score of 75% is required.

2.5. Detailed evaluation criteria will be prepared by the Tender Evaluation Committee for
evaluation of the qualification and competence of the key professional for the assignment.

2.6. The minimum technical score required to qualify technical evaluation is 75%. A Bid will
be considered unsuitable and will be rejected at technical bid evaluation stage if it does not
respond to important aspects of RfQ cum RfP Document and the Terms of Reference or if
it fails to achieve the minimum technical score. The Employer will notify Bidders who fail
to score the minimum technical score about the same.

------------------------------------------

Section-4

Standard Forms and

Format
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common Effluent
Treatment Plant
---------------------------------------------------------------------------------------------------------------------------
Table of Contents
A. TECHNICAL BID – STANDARD FORMS ...............................................................................3
FORM 4AA: PRE-QUALIFICATION BID SUBMISSION FORM .................................................................................. 4
FORM 4AB: FORMAT FOR PRE-QUALIFICATION BID (ELIGIBLE PROJECTS) ............................................................ 7
FORM 4AC: FORMAT FOR PRE-QUALIFICATION BID (AVERAGE ANNUAL TURNOVER FROM CONSULTING
BUSINESS OF THE BIDDER) .............................................................................................................. 9
FORM 4AD: FORMAT FOR JOINT BIDDING AGREEMENT (IN CASE OF JV/ CONSORTIUM) ...................................... 10
FORM 4AE: FORMAT FOR POWER OF ATTORNEY FOR AUTHORIZED REPRESENTATIVE ....................................... 15
FORM 4AF: FORMAT FOR POWER OF ATTORNEY FOR LEAD PARTNER OF JV/ CONSORTIUM ................................ 17
FORM 4AG: FORMAT OF BANK GUARANTEE FOR BID SECURITY ....................................................................... 20
FORM 4AH: TECHNICAL BID SUBMISSION FORM .............................................................................................. 23
FORM 4AI: BIDDER’S EXPERIENCE .................................................................................................................. 26
FORM 4AJ: COMMENTS AND SUGGESTIONS ON THE TERMS OF REFERENCE AND ON COUNTERPART STAFF AND
FACILITIES TO BE PROVIDED BY THE EMPLOYER ............................................................................ 28
FORM 4AK: DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT
................................................................................................................................................... 29
FORM 4AL: TEAM COMPOSITION AND TASK ASSIGNMENTS .............................................................................. 30
FORM 4AM: CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF (WITH ONE PAGE OF SUMMARY OF
EXPERIENCE) ................................................................................................................................ 31
FORM 4AN: STAFFING SCHEDULE .................................................................................................................... 34
FORM 4AO: WORK SCHEDULE ........................................................................................................................ 35
B. FINANCIAL BID – STANDARD FORMS ............................................................................... 36
FORM 4BA: FINANCIAL BID SUBMISSION FORM (TO BE SUBMITTED ONLINE ONLY) ........................................... 37
FORM 4BB: BREAKDOWN OF REMUNERATION OF KEY PROFESSIONAL/ SUPPORT STAFF ...................................... 38
FORM 4BC: OTHER EXPENSES ......................................................................................................................... 39
FORM 4BD: SUMMARY OF COSTS .................................................................................................................... 40
C. STANDARD FORM OF CONTRACT ..................................................................................... 41
APPENDIX 4C-I: STANDARD FORM OF CONTRACT AGREEMENT FOR CONSULTANCY SERVICES ........................... 42
APPENDIX 4C-II: FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY .................................................. 46
APPENDIX 4C- III: FORM OF BANK GUARANTEE FOR ADVANCE PAYMENT ........................................................ 47
APPENDIX 4C- IV: UNDERTAKING BY THE BIDDERS ......................................................................................... 51
APPENDIX 4C-V: UNDERTAKING FOR NON-BLACKLISTING OR DEBARRING ....................................................... 52
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common Effluent
Treatment Plant
---------------------------------------------------------------------------------------------------------------------------
A. Technical Bid – Standard Forms
Form 4AA: Pre-qualification Bid Submission Form
Form 4AB: Format for pre-qualification Bid (eligible projects)
Form 4AC: Format for pre-qualification Bid (Average Annual Turnover from Consulting
Business of the Bidder)
Form 4AD: Format for Joint Bidding Agreement (in case of JV/ consortium)
Form 4AE: Format for Power of Attorney for Authorized Representative

Form 4AF: Format for Power of Attorney for Lead Partner of JV/ consortium
Form 4AG: Format for Bank Guarantee for Bid Security
Form 4AH: Technical Bid Submission Form
Form 4AI: Bidder’s Experience
Form 4AJ: Comments and Suggestions on the Terms of Reference and on Counterpart Staff
and Facilities to be provided by the Employer
Form 4AK: Description of Approach, Methodology and Work Plan for Performing the
Assignment

Form 4AL: Team composition and Task Assignments

Form 4AM: Curriculum Vitae (CV) for Proposed Professional Staff (with one page of
summary of experience)
Form 4AN: Staffing Schedule

Form 4AO: Work Schedule

[Location, Date]
To

Managing Director
Dholera Industrial City Development Limited
6th Floor, Block No. 1 and 2, Udyog Bhavan,
Sector-11, Gandhinagar – 382017
Gujarat, India
RfQ cum RfP dated [date] for selection of consultant for [name of assignment]
Dear Sir,
With reference to your RfQ cum RfP Document dated [date], we, having examined all relevant
documents and understood their contents, hereby submit our Pre-qualification Bid for selection
as [name of assignment]. The Bid is unconditional and unqualified.
We are submitting our Bid as [sole Bidder/ JV/Consortium] [with] [insert a list with full name
and address of each Joint Venture/ consortium Consultant].
We understand you are not bound to accept any Bid you receive.
Further:
1. We acknowledge that DICDL will be relying on the information provided in the Bid and
the documents accompanying the Bid for selection of the Consultant, and we certify that
all information provided in the Bid and in the supporting documents is true and correct,
nothing has been omitted which renders such information misleading; and all documents
accompanying such Bid are true copies of their respective originals.
2. This statement is made for the express purpose of appointment as the Consultant for the
aforesaid Project.
3. We shall make available to DICDL any additional information it may deem necessary or
require for supplementing or authenticating the Bid.
4. We acknowledge the right of DICDL to reject our Bid without assigning any reason or
otherwise and hereby waive our right to challenge the same on any account whatsoever.
5. We certify that in the last 3 (three) years, we have neither failed to perform on any
contract nor been expelled from any project or contract by any public authority nor have
had any contract terminated by any public authority for breach on our part.
6. We declare that:
a) We have examined and have no reservations to the RfQ cum RfP, including any
Addendum/amendment/corrigendum issued by the Employer;

b) We do not have any conflict of interest in accordance with the terms of the RfQ cum RfP;

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Standard Forms & Formats Page 4
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common Effluent
Treatment Plant
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c) We have not directly or indirectly or through an agent engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as defined in the RfQ cum RfP document, in respect of any tender or request for
Bid issued by or any agreement entered into with DICDL or any other public sector
enterprise or any government, Central or State; and
d) We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf will engage in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice.
7. We understand that you may cancel the selection process at any time and that you are
neither bound to accept any Bid that you may receive nor to select the Consultant, without
incurring any liability to the Bidders.
8. We declare that we are not a Partner of any other JV/Consortium applying for selection
as a Consultant.
9. We certify that in regard to matters other than security and integrity of the country, we
or any of our affiliates have not been convicted by a court of law or indicted or adverse
orders passed by a regulatory authority which would cast a doubt on our ability to
undertake the Consultancy for the Project or which relates to a grave offence that outrages
the moral sense of the community.
10. We further certify that in regard to matters relating to security and integrity of the
country, we have not been charge-sheeted by any agency of the Government or convicted
by a court of law for any offence committed by us or by any of our affiliates. We further
certify that neither we nor any of our JV/consortium partners have been barred by the
central government, any state government, a statutory body or any public sector
undertaking, as the case may be, from participating in any project or bid or tender, and
that any such bar, if any, does not subsist as on the date of this RfQ cum RfP.
11. We further certify that no investigation by a regulatory authority is pending either against
us or against our affiliates or against our CEO or any of our Directors / Managers /
employees.
12. We hereby irrevocably waive any right or remedy which we may have at any stage at law
or howsoever otherwise arising to challenge or question any decision taken by DICDL
in connection with the selection of Consultant or in connection with the selection process
itself in respect of the above mentioned Project.
13. We agree and understand that the Bid is subject to the provisions of the RfQ cum RfP
document. In no case, shall we have any claim or right of whatsoever nature if the
consultancy for the Project is not awarded to us or our Bid is not opened or rejected.
14. We agree to keep this offer valid for one hundred eighty (180) days from the BDD
specified in the RfQ cum RfP.
15. A Power of Attorney in favour of the authorised signatory to sign and submit this Bid
and documents is attached herewith.

We remain,

Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Firm:
Address:
(Name and seal of the Bidder/Partner in Charge)

Project Specific Experience

[Using the format below, provide information on each assignment for which your firm, and
each associate for this assignment, was legally contracted either individually as a corporate
entity or as one of the major companies within a JV/ consortium for carrying out consulting
services similar to the ones requested under this assignment.]

• USE PROJECTS WITH COPY OF PROOF OF EXPERIENCE (COMPLETION

CERTIFICATE AND WORK ORDER COPIES ISSUED) AS REQUIRED FOR
MEETING THE MINIMUM QUALIFICATION CRITERIA PRESCRIBED.
• PROJECTS WITHOUT THE PROOF OF EXPERIENCE FROM RESPECTIVE
CLIENT ALONG WITH WORK ORDER COPIES WILL NOT BE CONSIDERED.
• EXHIBIT PROJECTS IN THE LAST NUMBER OF YEARS AS DEFINED IN THE
BDS.

Assignment Name and project cost: Approx. value of the contract (in INR in
Crore):

Country: Duration of assignment (months):

Location within country:

Name of Client: Total No. of staff-months of the assignment:

Address: Approx. value of the services provided by

your firm under the contract (in INR in
Crore):

Start Date (Month/Year): No. of professional staff – months provided

by associated Consultants:
Completion Date (Month/Year):

Name of Lead Partner: Name of senior professional staff of your

firm involved and functions performed
(indicate most significant profiles such as
Project Director/Coordinator, Team Leader):
Name of Associated Consultants, If any:

Narrative Description of Project:

(highlight project cost in the narration)

Description of actual services provided by your staff within the assignment:

Firm’s Name:

Authorized Signature:

Note:
For conversion of foreign currencies into Indian Rupees, the exchange rate should be
considered based on TT buying rates as on bid due date for the purpose of conversion.
Please limit the description of the project in two A4 size single-sided sheets of paper (one A4
size sheet of paper if printed on both sides). Descriptions exceeding two A4 size sheet of paper
shall not be considered for evaluation.

Average Annual turnover from

S. No. Financial years consulting business of the Bidder
(INR)

Average for three years [indicate sum of above divided by 3]

GST number and a copy of the same to be attached: _________________________

Certificate from the Statutory Auditor/ Chartered Accountant
This is to certify that [name of company] [registered address] has received the payments shown
above against the respective years.
Name of Authorized Signatory
Designation
Name of firm
Signature of Authorized Signatory
Seal of Audit firm

Note:
i. In case of a JV/consortium, above form has to be submitted for each JV/consortium
partner and Minimum Eligibility Criteria for revenue should be satisfied by the Partner-
in-charge and Partner as per RFP.
ii. In case the Bidder does not have a statutory auditor, it may provide the certificate from
its Chartered Accountant.

(To be executed on stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the [date in words] day of
[month in words] [year in ‘yyyy’ format].
AMONGST
1. [Name of company], having its registered office at [registered address] (hereinafter
referred to as the “First Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns);
AND,
2. [Name of company], having its registered office at [registered address] (hereinafter
referred to as the “Second Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns);
The above mentioned parties of the [FIRST, SECOND, THIRD AND FOURTH (as per number
of JV/Consortium partners)] PART are collectively referred to as the “Parties” and each is
individually referred to as a “Party”.
WHEREAS,
a) Dholera Industrial City Development Limited, a company incorporated under the
Companies Act, 1956/ 2013, having its registered office at 6th Floor, Block No. 1 and 2,
Udyog Bhavan, Sector-11, Gandhinagar – 382017 Gujarat, India (hereinafter referred to
as the “Employer” which expression shall, unless repugnant to the context or meaning
thereof, include its administrators, successors and assigns) has invited Bids (“the Bid”)
by its Request for Qualification cum Request for Proposal dated [date] (the “RfQ cum
RfP”) for appointment of consultant for [name of assignment] (the “Consultancy”).
b) The Parties are interested in jointly bidding for the Consultancy as partners of a
JV/Consortium and in accordance with the terms and conditions of the RfQ cum RfP
document and other bid documents in respect of the Consultancy, and
c) It is a necessary condition under the Consultancy document that the partners of the
JV/Consortium shall enter into a Joint Bidding Agreement and furnish a copy thereof
with the Bid.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and interpretations: In this Agreement, the capitalised terms shall, unless the
context otherwise requires, have the meaning ascribed thereto under the RfQ cum RfP.
2. JV/Consortium
a) The Parties do hereby irrevocably constitute a JV/consortium (the
“JV/Consortium”) for the purposes of jointly participating in the selection process
for the Consultancy.

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Standard Forms & Formats Page 10
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common Effluent
Treatment Plant
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b) The Parties hereby undertake to participate in the Bidding process only through this
JV/Consortium and not individually and/ or through any other JV/consortium
constituted for this Consultancy, either directly or indirectly or through any of their
Affiliates.
3. Covenants: The Parties hereby undertake that in the event the JV/Consortium is declared
the selected Consultant and awarded the Consultancy, the Parties shall enter into a
contract for consultancy services (“Contract”) with the Employer and for performing all
obligations as the Consultant in terms of the Contract for the Consultancy.
4. Role of the parties: The Parties hereby undertake to perform the roles and responsibilities
as described below:
a) Party of the First Part shall be the Partner in Charge of the JV/Consortium and shall
have the power of attorney from all Parties for conducting all business for and on
behalf of the JV/Consortium during the selection process for the Consultancy and
until the Effective Date under the Contract;
b) Party of the Second Part shall be [ define role…………]; and
5. Joint and Several Liability: The Parties do hereby undertake to be jointly and severally
responsible for all obligations and liabilities relating to the Consultancy and in
accordance with the terms of the RfQ cum RfP and the Contract, for the performance of
the Contract.
6. Partner in-charge (Lead Partner): Without prejudice to the joint and severe liability of all
the Parties, each Party agrees that it shall exercise all rights and remedies under the
Contract through the Partner in Charge and the Employer shall be entitled to deal with
such Partner in Charge as the representative of all Partners. Each Party agrees and
acknowledges that:
a) any decision (including without limitation, any waiver or consent), action,
omission, communication or notice of the Partner in Charge on any matters related
to the Contract shall be deemed to have been on its behalf and shall be binding on
it. The Employer shall be entitled to rely upon any such action, decision or
communication from the Partner in Charge;
b) consolidated invoices for the services in relation to the Consultancy performed by
all the Partners shall be prepared and submitted by the Partner in Charge and the
Employer shall have the right to release payments solely to the Partner in Charge
and the Employer shall not in any manner be responsible or liable for the inter
allocation of payments, works etc. among the Parties;
c) any notice, communication, information or documents to be provided to the
Consultant shall be delivered to the authorized representative of the Consultant (as
designated pursuant to the Contract) and any such notice, communication,
information or documents shall be deemed to have been delivered to all the Parties.
7. Representation of the Parties: Each Party represents to the other Parties as of the date of
this Agreement that:

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Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common Effluent
Treatment Plant
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a) Such Party is duly organised, validly existing and in good standing under the laws
of its incorporation and has all requisite power and authority to enter into this
Agreement;
b) The execution, delivery and performance by such Party of this Agreement has been
authorised by all necessary and appropriate corporate or governmental action and a
copy of the extract of the charter documents and board resolution/ power of attorney
in favour of the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the Party is annexed to this
Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to it;
(iii) violate the memorandum and articles of association, by-laws or other
applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgement, order or decree or any mortgage
agreement, indenture or any other instrument to which such Party is a party or
by which such Party or any of its properties or assets are bound or that is
otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests,
charges or Encumbrances or obligations to create a lien, charge, pledge,
security interest, encumbrances or mortgage in or on the property of such
Party, except for encumbrances that would not, individually or in the
aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from fulfilling
its obligations under this Agreement;
c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
d) there is no litigation pending or, to the best of such Party’s knowledge, threatened
to which it or any of its Affiliates is a party that presently affects or which would
have a material adverse effect on the financial condition or prospects or business of
such Party in the fulfilment of its obligations under this Agreement.
8. Termination: This Agreement shall be effective from the date hereof and shall continue
in full force and effect until the Effective Date under the Contract, in case the
Consultancy is awarded to the JV/Consortium. However, in case the JV/Consortium is
not selected for award of the Consultancy, the Agreement will stand terminated upon
intimation by the Employer that it has not been selected and upon return of the Bid
Security by the Employer.
9. Miscellaneous
a) This Joint Bidding Agreement shall be governed by laws of India.
b) The Parties acknowledge and accept that this Agreement shall not be amended by
the Parties without the prior written consent of the Employer.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND
DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

In presence of:
1. [Signature, name and address of witness]
2. [Signature, name and address of witness]
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with
the procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal or official
seal of all partners.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of the person

Know all men by these presents, We, [name of organization and address of the registered
office] do hereby constitute, nominate, appoint and authorise Mr / Ms [name], son/ daughter/
wife of [name], and presently residing at [address], who is presently employed with/ retained
by us and holding the position of [designation] as our true and lawful attorney (hereinafter
referred to as the “Authorised Representative”), with power to sub- delegate to any person, to
do in our name and on our behalf, all such acts, deeds and things as are necessary or required
in connection with or incidental to submission of our Bid for and selection as consultant for
[name of assignment], to be developed by Dholera Industrial City Development Limited (the
“Employer”) including but not limited to signing and submission of all applications, proposals,
Bids and other documents and writings, participating in pre-bid and other conferences and
providing information/ responses to the Employer, representing us in all matters before the
Employer, signing and execution of all contracts and undertakings consequent to acceptance
of our Bid and generally dealing with the Employer in all matters in connection with or relating
to or arising out of our Bid for the said Project and/or upon award thereof to us until the entering
into of the Contract with the Employer.
AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or
caused to be done by our said Authorised Representative pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our said
Authorised Representative in exercise of the powers hereby conferred shall and shall always
be deemed to have been done by us.
IN WITNESS WHEREOF WE, [name of organization], THE ABOVE NAMED PRINCIPAL
HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS [date in words] DAY OF
[month] [year in ‘yyyy’ format].

For [name and registered address of organization]

[Signature]
[Name]
[Designation]
Witnesses:
1. [Signature, name and address of witness]

2. [Signature, name and address of witness]

Accepted
Signature]
[Name]
[Designation]
[Address]

Notes:

(To be executed by all partners of the JV/Consortium)

Whereas the Dholera Industrial City Development Limited (the “Employer”) has invited Bids
from prospective bidder for selection of consultant for [name of assignment] being developed
in the Dholera Special Investment Region (DSIR), (the “Consultancy”).
Whereas, [name of Party], [name of Party] and [name of Party] (collectively the
“JV/Consortium”) being Partners of the JV/Consortium are interested in bidding for the
Consultancy in accordance with the terms and conditions of the Request for Qualification and
Request for Proposal and other connected documents in respect of the Consultancy, and
Whereas, it is necessary for the Partners of the JV/Consortium to designate one of them as the
Partner in-charge with all necessary power and authority to do for and on behalf of the
JV/Consortium, all acts, deeds and things as may be necessary in connection with the
JV/Consortium’s bid for the Consultancy and its execution.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS,
We, [name of Party] having our registered office at [registered address], M/s. [name of Party],
having our registered office at[registered address],and M/s.[name of Party],having our
registered office at [registered address], (hereinafter collectively referred to as the “Principals”)
do hereby irrevocably designate, nominate, constitute, appoint and authorise M/s [name of
Partner In-charge/Lead Partner], having its registered office at [registered address], being one
of the Partners of the JV/Consortium, as the Partner In-charge and true and lawful attorney of
the JV/Consortium (hereinafter referred to as the “Attorney”) and hereby irrevocably authorise
the Attorney (with power to sub- delegate to any person) to conduct all business for and on
behalf of the JV/Consortium and any one of us during the bidding process and, in the event the
JV/Consortium is awarded the Contract, during the performance of the services related to the
Consultancy, and in this regard, to do on our behalf and on behalf of the JV/Consortium, all or
any of such acts, deeds or things as are necessary or required or incidental to the submission of
its bid for the Consultancy, including but not limited to signing and submission of all
applications, bids and other documents and writings, accept the Letter of Acceptance,
participate in bidders’ and other conferences, respond to queries, submit
information/documents, sign and execute contracts and undertakings consequent to acceptance
of the bid of the JV/Consortium and generally to represent the JV/Consortium in all its dealings
with the Employer, and/ or any other government agency or any person, in all matters in
connection with or relating to or arising out of the JV/Consortium’s bid for the Consultancy
and/ or upon award thereof until the Contract is entered into with the Employer.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us/JV/Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS [date in words] DAY OF [month] [year in ‘yyyy’
format].
SIGNED, SEALED & DELIVERED

[Signature]
[Name]
[Designation]
[Address]
SIGNED, SEALED & DELIVERED

For and on behalf of

SECOND PART by:
[Signature]
[Name]

[Designation]
[Address]
SIGNED, SEALED & DELIVERED

For and on behalf of

THIRD by:
[Signature]
[Name]
[Designation]

[Address]
In presence of:
1. [Signature, name and address of witness]
2. [Signature, name and address of witness]
Notes:
1. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the

2. Wherever required, the Bidder should submit for verification the extract of the charter
documents and other documents such as a resolution/power of attorney in favour of the
person executing this Power of Attorney for the delegation of power hereunder on behalf
of the Bidder.

3. For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed The Hague Legislation Convention, 1961 are not required to
be legalised by the Indian Embassy if it carries a conforming Apostille certificate.

BG No.
Date:
1. In consideration of you, Dholera Industrial City Development Limited, a company
incorporated under the Companies Act, 1956/ 2013, having its registered office at 6th
Floor, Block No. 1 and 2, Udyog Bhavan, Sector-11, Gandhinagar – 382017 Gujarat,
India (hereinafter referred to as the “Employer” which expression shall, unless repugnant
to the context or meaning thereof, include its administrators, successors and assigns)
having agreed to receive the proposal of [Name of company], a company registered
under the Companies Act, 1956/ 2013 and having its registered office at [registered
address of company], [and acting on behalf of a JV/Consortium comprising of [name of
company], [name of company] and [name of company] (hereinafter referred to as the
“Bidder” which expression shall unless it be repugnant to the subject or context thereof
include its successors and assigns), for appointment as Consultant for [name of
assignment] (hereinafter referred to as the “Consultancy”) pursuant to the RfQ cum RfP
Document dated [date] issued in respect of the Consultancy and other related documents
including without limitation the draft contract for consultancy services (hereinafter
collectively referred to as “RfQ cum RfP Documents”), we [Name of the Bank] having
our registered office at [registered address] and one of its branches at [branch address]
(hereinafter referred to as the “Bank”), at the request of the Bidder, do hereby in terms of
relevant clause of the RfQ cum RfP Document, irrevocably, unconditionally and without
reservation guarantee the due and faithful fulfilment and compliance of the terms and
conditions of the RfQ cum RfP Document by the said Bidder and unconditionally and
irrevocably undertake to pay forthwith to the Employer an amount of Rs. [in figures] ([in
words]) (hereinafter referred to as the “Guarantee”) as our primary obligation without
any demur, reservation, recourse, contest or protest and without reference to the Bidder
if the Bidder shall fail to fulfil or comply with all or any of the terms and conditions
contained in the said RfQ cum RfP Document.
2. Any such written demand made by the Employer stating that the Bidder is in default of
the due and faithful fulfilment and compliance with the terms and conditions contained
in the RfQ cum RfP Document shall be final, conclusive and binding on the Bank. We,
the Bank, further agree that the Employer shall be the sole judge to decide as to whether
the Bidder is in default of due and faithful fulfilment and compliance with the terms and
conditions contained in the RfQ cum RfP Document including, Document including
without limitation, failure of the said Bidder to keep its Proposal valid during the validity
period of the Proposal as set forth in the said RfQ cum RfP Document, and the decision
of the Employer that the Bidder is in default as aforesaid shall be final and binding on us,
notwithstanding any differences between the Employer and the Bidder or any dispute
pending before any court, tribunal, arbitrator or any other authority.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether the
claim of the Employer is disputed by the Bidder or not, merely on the first demand from
the Employer stating that the amount claimed is due to the Employer by reason of failure
of the Bidder to fulfil and comply with the terms and conditions contained in the RfQ

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cum RfP Document including without limitation, failure of the said Bidder to keep its
Proposal valid during the validity period of the Proposal as set forth in the said RfQ cum
RfP Document for any reason whatsoever. Any such demand made on the Bank shall be
conclusive as regards amount due and payable by the Bank under this Guarantee.
However, our liability under this Guarantee shall be restricted to an amount not exceeding
Rs. [in figures] ([in words]).
4. This Guarantee shall be irrevocable and remain in full force till 210 Days (180 days bid
validity +30 days) from bid due date or for such extended period as may be mutually
agreed between the Employer and the Bidder, and agreed to by the Bank, and shall
continue to be enforceable until all amounts under this Guarantee have been paid or
discharged by the Employer.
5. The Guarantee shall not be affected by any change in the constitution or winding up of
the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the
Bank with any other person.
6. In order to give full effect to this Guarantee, the Employer shall be entitled to treat the
Bank as the principal debtor. The Employer shall have the fullest liberty without affecting
in any way the liability of the Bank under this Guarantee from time to time to vary any
of the terms and conditions contained in the said RfQ cum RfP Document or to extend
time for submission of the Bids or the Bid validity period or the period for conveying of
Letter of Acceptance to the Bidder or the period for fulfilment and compliance with all
or any of the terms and conditions contained in the said RfQ cum RfP Document by the
said Bidder or to postpone for any time and from time to time any of the powers
exercisable by it against the said Bidder and either to enforce or forbear from enforcing
any of the terms and conditions contained in the said RfQ cum RfP Document or the
securities available to the Employer, and the Bank shall not be released from its liability
under these presents by any exercise by the Employer of the liberty with reference to the
matters aforesaid or by reason of time being given to the said Bidder or any other
forbearance, act or omission on the part of the Employer or any indulgence by the
Employer to the said Bidder or by any change in the constitution of the Employer or its
absorption, merger or amalgamation with any other person or any other matter or thing
whatsoever which under the law relating to sureties would but for this provision have the
effect of releasing the Bank from its such liability.
7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given
or made if addressed to the Bank and sent by courier or by registered mail to the Bank at
the address set forth herein.
8. We undertake to make the payment on receipt of your notice of claim on us addressed to
[Name of bank along with branch address] and delivered at our above branch which shall
be deemed to have been duly authorised to receive the said notice of claim.
9. It shall not be necessary for the Employer to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the Employer may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealised.

Signed and Delivered by [name of bank]

By the hand of Mr. /Ms. [name], it’s [designation] and authorised official.

(Signature of the Authorised Signatory) (Official Seal)

Notes:

• The Bank Guarantee should contain the name, designation and code number of the
officer(s) signing the Guarantee.
• The address, telephone number and other details of the Head Office of the Bank as well
as of issuing Branch should be mentioned on the covering letter of issuing Branch.

[Location, Date]
To

Managing Director
Dholera Industrial City Development Limited
6th Floor, Block No. 1 and 2, Udyog Bhavan,
Sector-11, Gandhinagar – 382017
Gujarat, India
RfQ cum RfP dated [date] for selection of consultant for [name of assignment]
Dear Sir,
With reference to your RfQ cum RfP Document dated [date], we, having examined all relevant
documents and understood their contents, hereby submit our Technical Bid for selection as
[name of assignment]. The Bid is unconditional and unqualified.
We are submitting our Bid as [sole Bidder/ JV/consortium] [with] [insert a list with full name
and address of each Joint Venture/ consortium Consultant].
If negotiations are held during the period of validity of the Bid, we undertake to negotiate in
accordance with the RfQ cum RfP. Our Bid is binding upon us, subject only to the
modifications resulting from technical discussions in accordance with the RfQ cum RfP.
We understand you are not bound to accept any Bid you receive.
Further:
1. We acknowledge that DICDL will be relying on the information provided in the Bid and
the documents accompanying the Bid for selection of the Consultant, and we certify that
all information provided in the Bid and in the supporting documents is true and correct,
nothing has been omitted which renders such information misleading; and all documents
accompanying such Bid are true copies of their respective originals.
2. This statement is made for the express purpose of appointment as the Consultant for the
aforesaid Project.
3. We shall make available to DICDL any additional information it may deem necessary or
require for supplementing or authenticating the Bid.
4. We acknowledge the right of DICDL to reject our Bid without assigning any reason or
otherwise and hereby waive our right to challenge the same on any account whatsoever.
5. We certify that in the last 3 (three) years, we have neither failed to perform on any
contract nor been expelled from any project or contract by any public authority nor have
had any contract terminated by any public authority for breach on our part.

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6. We declare that:
a) We have examined and have no reservations to the RfQ cum RfP, including any
Addendum issued by the Employer;
b) We do not have any conflict of interest in accordance with the terms of the RfQ
cum RfP;
c) We have not directly or indirectly or through an agent engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as defined in the RfQ cum RfP document, in respect of any
tender or request for Bid issued by or any agreement entered into with DICDL or
any other public sector enterprise or any government, Central or State; and
d) We hereby certify that we have taken steps to ensure that no person acting for us or
on our behalf will engage in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice.
7. We understand that you may cancel the selection process at any time and that you are
neither bound to accept any Bid that you may receive nor to select the Consultant, without
incurring any liability to the Bidders.
8. We declare that we are not a partner of any other JV/Consortium applying for selection
as a Consultant.
9. We certify that in regard to matters other than security and integrity of the country, we
or any of our affiliates have not been convicted by a court of law or indicted or adverse
orders passed by a regulatory authority which would cast a doubt on our ability to
undertake the Consultancy for the Project or which relates to a grave offence that outrages
the moral sense of the community.
10. We further certify that in regard to matters relating to security and integrity of the
country, we have not been charge-sheeted by any agency of the Government or convicted
by a court of law for any offence committed by us or by any of our affiliates. We further
certify that neither we nor any of our JV/consortium partners have been barred by the
central government, any state government, a statutory body or any public sector
undertaking, as the case may be, from participating in any project or bid, and that any
such bar, if any, does not subsist as on the date of this RfQ cum RfP.
11. We further certify that no investigation by a regulatory authority is pending either against
us or against our affiliates or against our CEO or any of our Directors/ Managers/
employees.
12. We hereby irrevocably waive any right or remedy which we may have at any stage at law
or howsoever otherwise arising to challenge or question any decision taken by DICDL
in connection with the selection of Consultant or in connection with the selection process
itself in respect of the above mentioned Project.
13. We agree and understand that the Bid is subject to the provisions of the RfQ cum RfP
document. In no case, shall we have any claim or right of whatsoever nature if the
consultancy for the Project is not awarded to us or our Bid is not opened or rejected.

We remain,
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:

Name of Firm:
Address:
(Name and seal of the Bidder/Partner in Charge)

• USE PROJECTS WITH COPY OF PROOF OF EXPERIENCE- CLIENT

CERTIFICATE ALONG WITH WORK ORDER COPY.
• PROJECTS WITHOUT THE PROOF OF EXPERIENCE FROM CLIENT ALONG
WITH CLIENT CERTIFICATES AND WORK ORDER COPIES OF RESPECTIVE
CLIENT WILL NOT BE CONSIDERED.

Assignment Name and project cost: Approx. value of the contract (in INR in
Crore):

Country: Duration of assignment (months):

Location within country:

Name of Client: Total No. of staff-months of the assignment:

Address: Approx. value of the services provided by

your firm under the contract (in INR in
Crore):

Start Date (Month/Year): No. of professional staff – months provided

by associated Consultants:
Completion Date (Month/Year):

Name of Lead Partner: Name of senior professional staff of your

firm involved and functions performed
(indicate most significant profiles such as
Project Director/Coordinator, Team Leader):
Name of Associated Consultants, If any:

Narrative Description of Project:

(highlight project cost in the narration)

Description of actual services provided by your staff within the assignment:

Client Completion certificate and work order attached : Yes / No

Note:

• For conversion of foreign currencies into Indian Rupees, the exchange rate should be
considered based on TT buying rates as on bid due date for the purpose of conversion.
• Please limit the description of the project in two A4 size single-sided sheets of paper (one
A4 size sheet of paper if printed on both sides). Descriptions exceeding two A4 size sheet
of paper shall not be considered for evaluation.

A: On the Terms of Reference

1.
2.
3.
4.
5.

B: On the data, services and facilities to be provided by the Employer

1.
2.
3.
4.

C: On Technical Bid
1.
2.
3.

D: General Comments
1.
2.

Project Management and Technical approach with methodology and work plan are key
components of the Technical Bid. The consultant is suggested to present its Technical Bid
divided into the following chapters:
a) Project Management Approach
b) Technical Approach and Methodology,
c) Work Plan, and
d) Organisation and Staffing.

• Project Management Approach: In this section the consultant shall explain its overall
philosophy with project management, the systems, tools and processes used to manage
the cost and schedule. Specifically, the consultant must describe how it will organize and
deliver the project management tasks/deliverables required in Terms of Reference. Please
limit the discussion to four (04) single sided pages (two double sided pages). Discussions
greater than this limit shall not be considered for evaluation.

• Technical Approach and Methodology. In this chapter the consultant should explain the
understanding of the objectives of the assignment including project appreciation,
approach to the services, methodology for carrying out the activities to obtain the
expected output and the degree of detail of such output. The consultant should highlight
the problems to be addressed along with their importance and explain the technical
approach the consultant would adopt to address them. The consultant should also explain
the proposed methodologies to adopt and highlight the compatibility of those
methodologies with the proposed approach. Please limit the discussion to 20 single sided
pages (10 double sided pages). Discussions greater than this limit shall not be considered
for evaluation.

• Work Plan. In this chapter the consultant should propose the main activities of the
assignment, their content and duration, phasing and interrelations, milestones (including
interim approvals by the Employer) and delivery dates of the reports. The proposed work
plan should be consistent with the project management and 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 in the Bid.

• Organisation and Staffing. In this chapter the consultant should propose the structure and
composition of the proposed team. The consultant should list the main disciplines of the
assignment, the key professional responsible, and proposed technical and support staff.

1. Professional Staff*

Name of staff Firm Area of expertise Position assigned Tasks assigned

2. Support Staff

Name of staff Firm Area of expertise Position assigned Tasks assigned

*Consultants, who are executing ongoing mandates from DICDL, must propose a separate
team of key professional while bidding for this project. The key professional proposed above
should be available for presentations/ discussions/ meetings with the DICDL, State
Government etc.

1. Proposed position

2. Name of firm

3. Name of staff [First] [Middle] [Surname]

4. Date of birth Exmp.: [March 20, 1979]

5. Nationality

6. Education [Indicate college/university and other

specialized education of staff member,
giving names of institutions, degrees
obtained, and year of obtainment starting
from the latest degree]

7. Membership of Professional
Organizations

8. Training & Publications [Indicate significant training since

education degrees (under 5) were
obtained]

9. Countries of Work Experience [List countries where staff has worked in

the last ten years]

10. Languages Language Proficiency (good/ fair/ poor)

Speaking Reading Writing

English

11. Employment record Name of Position held Duration

[Starting with Organization
present position, list
in reverse order YYYY to present
every employment
held by staff
member since
graduation]

13. Work Undertaken [Among the assignments in which the Staff has been
that Best Illustrates involved, indicate the following information for those
Capability to assignments that best illustrate staff capability to handle the
Assigned Handle the tasks assigned]
Tasks Assigned
Name of assignment or project:
Year:
Location:
Client:
Project Cost:
Main project features:

Positions held:
Activities performed:

14. Name of assignment or project:

Year:
Location:

Client:
Project Cost:
Main project features:
Positions held:
Activities performed:

15. Certification I, the undersigned, certify that to the best of my knowledge

and belief, this CV correctly describes me, my qualifications,
and my experience. I understand that any wilful
misstatement described herein may lead to my
disqualification or dismissal, if engaged.

Signature Signature

Date: [dd/mm/yyyy] Date: [dd/mm/yyyy]

Note:
Please restrict the number of pages per CV to four (04) pages (two sheets if printed both sides).
The one-page summary shall be over and above the four (04) page CV. Pages in the CV greater
than these limits shall not be considered for evaluation.

Total staff
S. Name of key Staff input (in the form of a bar chart)
input
No. professional
M1 M2 M3 M4 M5 M6 n (months)

Name of support
staff

Total

A. Field investigations and study teams

S. Months (in the form of a bar chart) Total

Activity
No. M1 M2 M3 M4 M5 M6 n (months)

Part A

Part B

Part C

Part D

Total

B. Completion and submission of reports

S.
Reports Program (date)
No.

Part A

Part B

Part C

Part D

Form 4B-C: Other Expenses

Form 4B-D: Summary of Costs

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Form 4BA: Financial Bid Submission Form (To be submitted online only)

[Location]
[Date]

To
Managing Director,
Dholera Industrial City Development Limited
6th Floor, Block No. 1 and 2, Udyog Bhavan,
Sector-11, Gandhinagar – 382017
Gujarat, India
Dear Sir,
Subject: Consultancy Services for [name of assignment].
We, the undersigned, offer to provide the consulting services for [name of assignment] in
accordance with your Request for Qualification cum Request for Proposal dated [date] and our
Bid. Our attached Financial Bid is for the sum of [amount(s) in words and figures] (including
all tax).
Our Financial Bid shall be binding upon us subject to the modifications resulting from
arithmetic corrections, if any, up to expiration of the validity period of the Bid, i.e. [date].
We have submitted cost breakup to arrive at our bid price and hereby confirm that the same is
firm without any price adjustments on account of change in indices, committed contract price
for the entire scope of works. We have also understood that the entire cost shall be paid as
percentage payments defined in payment schedule based on progress and not based on item
rates quoted in price schedule.
We undertake that, in competing for (and, if the award is made to us, in executing) the above
contract, we will strictly observe the laws against fraud and corruption in force in India namely
“Prevention of Corruption Act 1988”.
We understand you are not bound to accept any Bid you receive.
We remain,
Yours sincerely,

Authorized Signature [In full and initials]:

Name and Title of Signatory:
Name of Firm:
Address:

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Form 4BB: Breakdown of Remuneration of key professional/ support staff

Name of key
professional/ Position Months Monthly rate Amount INR
support staff

******** ********

Total

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Form 4BC: Other Expenses

The other expenses shall include fixed monthly Expenses on account of office, furniture,
Electricity, IT, other equipment, office supplies including stationery, report printing, Tours,
Local & Outstation Travels, contingencies etc.

Exp Particulars Months Monthly rate Amount INR

Other expenses

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Form 4BD: Summary of Costs

Item Cost (INR)

Amount in Amount in
figures words

Costs of Financial Proposal * (including all taxes other

than GST) 4BB+4BC above

GST

Total cost of Financial Proposal (including GST)

Note:
a) To be submitted online only
b) GST would be payable at the applicable rates as may be in force from time to time .

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C. Standard Form of Contract

Appendix 4C-I: Standard form of contract Agreement for Consultancy Services
Appendix 4C-II: Form of Bank Guarantee for Performance Security
Appendix 4C-III Form of Advance Bank Guarantee

Appendix 4C-III: Undertaking by the Bidders

Appendix 4C-IV: Undertaking for Non-Blacklisting or Debarring

Appendix 4C-I: Standard form of contract Agreement for Consultancy Services

Contract Agreement For Consultancy Services

Between

[Name of client]

[Name of Consultants]

[Date]

WHEREAS
a) The Employer has requested the Consultants to provide certain consulting services as
defined in the General Conditions of Contract (GCC) & Terms of Reference (TOR)
attached to this Contract (hereinafter called the “Services”);
b) The Consultants, having represented to the Employer that they have the required
professional skills, personnel and technical resources, have 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) Letter of Invitation
b) Instructions to Consultants
c) Bid data Sheet
d) Pre-qualification, Technical Bid and Financial Bid - Standard Forms

e) The General Conditions of Contract (hereinafter called “GCC”);

f) The Special Conditions of contract (hereinafter called “SCC”);
g) Terms of Reference ((hereinafter called “TOR”); Terms of reference containing, inter-
alia, the Description of the Services and reporting requirements

h) The following Appendices:

Appendix A: Consultant’s Pre-qualification Bid and Technical Bid including Consultants’,
Sub consultants, Key Professional and Sub Professional Personnel, Task
assignment, work programme, manning schedule, qualification requirements of
key professional and schedule for submission of various deliverables, Approach
and methodology, Duties of the Client etc.

Appendix H: Hours of work for Consultants’ Personnel

Appendix I: Correspondences
2. The mutual rights and obligations of the Employer and the Consultants shall be as set
forth in the Contract; in particular:
a) The Consultants shall carry out the Services in accordance with the provisions of the
Contract; and
b) Employer will make payments to the Consultants in accordance with the provisions of
the Contract.
3. Priority of documents: The Parties expressly agree that in the event of any conflict,
inconsistency or contradiction between any clauses forming part of the documents
constituting the Contract, and more particularly mentioned in Clause 1 (of this contract)
hereinabove, the documents shall be interpreted in the following order of precedence:
a) The provisions of this Contract shall override all provisions of other documents
comprising the Contract.
b) the provisions of the SCC shall be subject to the Contract, but shall override all provisions
of other documents comprising the Contract;
c) the provisions of the GCC shall be subject to the Contract SCC, but shall take precedence
over all other documents comprising the Contract; and

d) the Appendices shall subject to each of the Contract, SCC and the GCC.
e) Any decision of the Employer in relation to the priority of documents shall be final and
binding upon the Consultant.
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 DICDL
[Signature]
[Name]

[Designation]

FOR AND ON BEHALF OF CONSULTANT

[Signature]
[Name]
[Designation]

Witness:
1. [Signature, name and address]
2. [Signature, name and address]

(To be stamped in accordance with Stamp Act if any, of the country for issuing bank)
(Performance Bank Guarantee)

Address of Employer:

WHEREAS
________________________________________________________________
[Name and address of Consultants] (hereinafter called “the consultants”) has
undertaken, in pursuance of Contract No. _________________dated ___________ to
provides the services on terms and conditions set forth in this Contract _____________
(Name of contract and brief description of works) (hereinafter called “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Consultants
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified
therein as security for compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Consultants such a Bank Guarantee;

NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you,
on behalf of the Consultants up to a total of ____________ (amount of Guarantee)
_________ [in words], such sum being payable in the types and proportions 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 of Guarantee] as aforesaid without your needing to prove
or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Consultants
before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the
Contract or of the services to be performed there under or of any of the Contract
documents which may be made between you and the Consultants shall in any way release
us from any liability under this guarantee, and we hereby waive notice of any such
change, addition or modification.

The liability of the Bank under this Guarantee shall not be affected by any change in the
constitution of the consultants or of the Bank.

Notwithstanding anything contained herein before, our liability under this guarantee is
restricted to Rs. ____________ (Rs. ___________) and the guarantee shall remain valid
till __________. Unless a claim or a demand in writing is made upon us on or before
_____ all our liability under this guarantee shall cease.

This guarantee shall be valid for a period of 12 months beyond the expiry of contract.

Signature and Seal of the Guarantor : _____________________________

Name and Designation: _________________________________

In presence of:

(Name, Signature and Occupation)

Name of the Bank: _____________________________________

Address of the Bank: __________________________________________

(Name and Occupation)

Date: __________________

Appendix 4C- III: Form of Bank Guarantee for Advance Payment

Address of Employer:

WHEREAS:
[name and address of Consultant] (hereinafter called “the Consultant”) has executed an agreement
(hereinafter called the “Agreement”) with the [name and address of the EMPLOYER], (hereinafter
called “the EMPLOYER”) for the “[Name of the work], subject to and in accordance with the provisions
of the Agreement.
(A) in accordance with the Clause 1.8.1 of the Agreement the EMPLOYER shall make to the Consultant
an interest bearing advance payment (hereinafter called “Advance Payment”) equal to 10% (ten per
cent) of the contract price for mobilization expenses; and that the Advance Payment shall be made
in subject to the Consultant furnishing an irrevocable and unconditional guarantee by a scheduled
bank for an amount equal to the 110% amount of each instalment to remain effective till the
complete and full repayment of the instalment of the Advance Payment as security for compliance
with its obligations in accordance with the Agreement; and the amount of instalment of the Advance
Payment is Rs. **** cr. (Rupees ***** crore) (the “Guarantee Amount”).
(B) We, ……………..through our branch at …………………………. (the “Bank”) have agreed to
furnish this bank guarantee (hereinafter called the “Guarantee”) for the Guarantee Amount.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms as
follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful repayment on
time of the aforesaid instalment of the Advance Payment under and in accordance with the
Agreement, and agrees and undertakes to pay to the EMPLOYER, upon its mere first written
demand, and without any demur, reservation, recourse, contest or protest, and without any reference
to the Consultant, such sum or sums up to an aggregate sum of the guarantee amount as the
EMPLOYER shall claim, without the EMPLOYER being required to prove or to show grounds or
reasons for its demand and/or for the sum specified therein.
2. A letter from the EMPLOYER, under the hand of an officer not below the rank of
[……………………of EMPLOYER], that the Consultant has committed default in the due and
faithful performance of all or any of its obligations for the repayment of the instalment of the
Advance Payment under and in accordance with the Agreement shall be conclusive, final and
binding on the Bank. The Bank further agrees that the EMPLOYER shall be the sole judge as to
whether the Consultant is in default in due and faithful performance of its obligations during and
under the Agreement and its decision that the Consultant is in default shall be final, and binding on
the Bank, notwithstanding any difference between the EMPLOYER and the Consultant, or any
dispute between them pending before any court, tribunal, arbitrators or any other authority or body,
or by the discharge of the Consultant for any reason whatsoever.
3. In order to give effect to this Guarantee, the EMPLOYER shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Consultant and/or the Bank,
whether by their absorption with any other body or corporation or otherwise, shall not in any way
or manner affect the liability or obligation of the Bank under this Guarantee.

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4. It shall not be necessary, and the Bank hereby waives any necessity, for the EMPLOYER to proceed
against the Consultant before presenting to the Bank its demand under this Guarantee.
5. The EMPLOYER shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Advance Payment or to
extend the time or period of its repayment or to postpone for any time, and from time to time, any
of the rights and powers exercisable by the EMPLOYER against the Consultant, and either to
enforce or forbear from enforcing any of the terms and conditions contained in the Agreement
and/or the securities available to the EMPLOYER, and the Bank shall not be released from its
liability and obligation under these presents by any exercise by the EMPLOYER of the liberty with
reference to the matters aforesaid or by reason of time being given to the Consultant or any other
forbearance, indulgence, act or omission on the part of the EMPLOYER or of any other matter or
thing whatsoever which under any law relating to sureties and guarantors would but for this
provision have the effect of releasing the Bank from its liability and obligation under this Guarantee
and the Bank hereby waives all of its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security now or
which may hereafter be held by the EMPLOYER in respect of or relating to the Advance Payment.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this Guarantee is
restricted to the Guarantee amount and this Guarantee will remain in force for the period specified
in paragraph 8 below and unless a demand or claim in writing is made by the EMPLOYER on the
Bank under this Guarantee all rights of the EMPLOYER under this Guarantee shall be forfeited and
the Bank shall be relieved from its liabilities hereunder.
8. The guarantee shall cease to be in force and effect 90 (ninety) days after the end of the one year
from the date of payment of the instalment of the Advance Payment, as set forth in Clause 19.2 of
the Agreement.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the previous
express consent of the EMPLOYER in writing and declares and warrants that it has the power to
issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to the
Bank at its above referred branch, which shall be deemed to have been duly authorized to receive
such notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to have
been given at the time when it ought to have been delivered in due course of post and in proving
such notice, when given by post, it shall be sufficient to prove that the envelope containing the
notice was posted and a certificate signed by an officer of the EMPLOYER that the envelope was
so posted shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force and effect for
up to the end **** month in the year ***** or until it is released earlier by the EMPLOYER
pursuant to the provisions of the Agreement.
Signed and sealed this ……….. day of ………. 20…….. at ………
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code Number)
(Address)

(To be executed on RS. 300/- Non-Judicial stamp paper duly notarized)

Being duly authorized to represent and act on behalf of …………… (Bidder Name &
Address) and having reviewed and fully understood all the eligibility requirements and
information provided, the undersigned hereby declare that: i. the statement made and
information provided in the bid are completely full, true, correct and complete in every
detail. ii. this Bid is made in the full understanding that: (a) bids by Bidders will be
subject to verification of all information submitted at the time of bidding & Dholera
Industrial City Development Limited (DICDL) or any authorized representative of
DICDL is hereby authorized to conduct any inquiries or investigations to verify the
statements, documents and information submitted in connection with the Bid and to seek
clarification from our bankers, clients regarding any financial & technical aspects. (b)
in the event that the information/document submitted are found to be false or misleading,
this bid will be disqualified. iii. Dholera Industrial City Development Limited reserves
the right to: (a) modify the scope of work including methodology of services and the
Tenderer/s shall have no claim on this account. (b) reject or accept any Bid, cancel the
tender process, and reject all Bids without assigning any reason therefor.

Place: Authorized Signature

Date:

(To be executed on RS. 300/- Non-Judicial stamp paper duly notarized)

Being duly authorized to represent and act on behalf of M/s (Bidder’s Name) with
registered office at (Bidder’s address), the undersigned hereby declare undertake that M/s
(Bidder’s Name) has not been blacklisted or debarred by any Department of India/State
Government, Public Unit Sector and any other Government Organization from
participation in tenders as on date of submission of RFP either in an individual capacity
or as a partner or Lead Partner of the Joint Venture/Consortium.

Place: Authorized Signature

Date:

Section-5

General Conditions of
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Table of Contents
GENERAL CONDITIONS OF CONTRACT ......................................................................................................................... 2
1.1 General provisions ........................................................................................................................ 2
1.2 Commencement, completion, modification and termination of contract ........................................... 5
1.3 Termination ................................................................................................................................... 6
1.4 Obligations of the Consultants ....................................................................................................... 8
1.5 Consultants’ personnel ................................................................................................................ 10
1.6 Obligations of the Employer......................................................................................................... 12
1.7 Performance security ................................................................................................................... 12
1.8 Payments to the consultants ......................................................................................................... 14
1.9 Settlement of disputes................................................................................................................... 15
1.10 Responsibility for accuracy of project documents ......................................................................... 15
1.11 Liquidated damages..................................................................................................................... 16
1.12 Representation, warranties and disclaimer ................................................................................... 16
1.13 Change of Scope of Services ........................................................................................................ 16
1.14 Copyright and Intellectual Property rights ................................................................................... 17
1.15 Miscellaneous.............................................................................................................................. 18
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General Conditions of Contract

1.1 General provisions

Definitions
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
a) “Applicable Law” means the all laws, bye-laws, rules, regulations, orders,
ordinances, protocols, codes, guidelines, policies, notices, directions,
judgments, decrees and any other instruments having the force of law in India
as they may be issued and in force from time to time;
b) “Affiliate” means, with respect to any Party, any other entity that, directly or
indirectly: (a) Controls such Party; (b) is Controlled by such Party; (c) is
Controlled by the same person who, directly or indirectly, Controls such
Party; and “Control” with respect to any person, shall mean: (a) the
possession, directly or indirectly, of the power to direct or cause the direction
of the management and policies of such person whether through the
ownership of voting share capital, by agreement or otherwise or the power to
elect more than one-half of the directors, partners or other individuals
exercising similar authority with respect to such person; (b) the possession,
directly or indirectly, of a voting interest of more than 50%; and the terms
“Controlling” and “Controlled by” shall be construed accordingly;
c) “Consultant” or “Consultants” means the party named in the Contract, who
is employed as an independent professional firm by the Employer to perform
the Services;
d) “Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract (GCC) constitute a part, together with all other
documents listed in this signed Contract;
e) “Contract Price” means the price to be paid for the performance of the
Services;
f) Employer” means the Party named in the Contract, who employs the
Consultant;
g) “GCC” means the General Conditions of Contract;
h) “Government” means the Government of Employer’s country;
i) “Local Currency” means the currency of the Government;
j) “Material Adverse Effect” means material adverse effect on (a) the ability of
the Consultant to observe and perform any of its rights and obligations under
and in accordance with the provisions of this Agreement and/or (b) the
legality, validity, binding nature or enforceability of this Agreement;
k) Master Services Agreement (MSA) shall mean the same as “contract”;

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l) Partner”, in case the Consultants consist of a joint venture of more than one
entity, means any of these entities, and “Partners” means all of these entities;
“Lead Partner” or “Partner in Charge” means the entity specified in the SCC
to act on behalf of Each Partner in exercising all the Consultants’ rights and
obligations towards the Employer under this Contract;
m) “Party” means the Employer or the Consultants, as the case may be, and
Parties means both of them;
n) “Performance Security” shall mean the irrevocable and unconditional bank
guarantee provided by the Consultant from a scheduled Indian bank as
guarantee for the performance of its obligations in respect of the Contract;
o) “Personnel” means persons hired by the Consultants or by any Sub-
consultant as employees and assigned to the performance of the Services or
any part thereof;
p) “Project” means “[name of assignment]”;
q) “SCC” means the Special Conditions of Contract by which these General
Conditions of the Contract may be amended or supplemented;
r) “Services” means the work to be performed by the Consultants pursuant to
this Contract as described in TOR;
s) “Sub-consultant” means any entity to which the Consultants
subcontract/sublet any part of the Services in accordance with the provisions
of this contract; and,
t) “Work/Service Order” means a specific directive or order to perform a
defined scope for a defined duration and fee.
u) “Corrupt Practice” means the offering, giving, receiving or soliciting of
anything of value to influence the action of a public official in the selection
process or in contract execution.
v) “Fraudulent Practice” means a misrepresentation of facts in order to
influence a selection process or the execution of a contract to the detriment
of the Employer, and includes collusive practice among consultants (prior to
or after submission of proposals) designed to establish prices at artificial non-
competitive levels and to deprive the Employer of the benefits of free and
open competition.
w) “Employer’s Representative” means such person or persons as may be
authorised in writing by the Employer to act on its behalf under this
Agreement and shall include any person or persons having authority to
exercise any rights or perform and fulfil any obligations of the Employer
under this Agreement.

Law Governing Contract:

This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Laws of India and shall be subject to the
jurisdiction of the Courts at Gandhinagar.

Notices:
Any notice, request or consent made pursuant to the Contract shall be in writing
and shall be deemed to have been made when delivered in person to an authorized
representative of the Party to whom the communication is addressed, or when sent
by registered mail, telex, telegram or facsimile to such Party at the address specified
in the SCC.
Location:
The Services shall be performed at such locations as whether in Country or
elsewhere, as the Employer may approve.

Authorized Representatives:
Any action required or permitted to be taken, and any document required or
permitted to be executed, under this Contract by the Employer or the Consultants
may be taken or executed by the officials in the SCC.
Taxes and Duties:
Unless otherwise specified in the SCC, the Consultants, Sub-consultants and their
Personnel shall pay such taxes, duties, fees and other impositions as may be levied
under the Applicable Law, the amount of which is deemed to have been included
in the Contract Price.
Interpretation:
In the Contract, unless the context otherwise requires:
a) The singular includes the plural and vice versa and any word or expression
defined in the singular shall have a corresponding meaning if used in the plural
and vice versa. A reference to any gender includes the other gender.
b) A reference to any document, agreement, deed or other instrument (including,
without limitation, references to the Contract), includes a reference to any
document, agreement, deed or other instrument as may be varied, amended,
supplemented, restated, novated or replaced, from time to time.
c) A reference to any document, agreement, deed or other instrument (including,
without limitation, references to the Contract), means a reference to such
document, agreement, deed or other instrument and to all appendices, annexes,
schedules and parts attached or relatable thereto, all of which shall form an
integral part of such document, agreement, deed or other instrument, as the
case may be.
d) A reference to any Applicable Law includes any amendment, modification, re-
enactment or change in interpretation or applicability of such Law and a
reference to any statutory body or authority includes a reference to any
successor as to such of its functions as are relevant in the context in which the
statutory body or authority was referred to.

Commencement of Services:
The Consultants shall commence the Services as defined in the Special condition
of Contract (SCC)

Expiration of Contract:
Unless terminated earlier pursuant to relevant clauses in this contract hereof, this
Contract shall expire when Services have been completed and all payments have

1.3 Termination

By the Employer:

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The Employer may terminate this Contract, by not less than thirty (30) days’ or
sixty (60) written notice of termination to the Consultants, to be given after the
occurrence of any of the events specified in this clause:
i. if the Consultants do not remedy a failure in the performance of their
obligations under the Contract, within a period of sixty (60) days, after being
notified or within such further period as the Employer may have subsequently
approved in writing;
ii. within thirty (30) days, if the Consultants become insolvent or bankrupt;
iii. if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
iv. within thirty (30) days, if the Consultant fails to comply with any final
decision reached as a result of arbitration proceedings pursuant to relevant
clauses hereof;
v. within thirty (30) days, if the Consultant submits to the Employer a false
statement which has a material effect on the rights, obligations or interests of
the Employer. If the Consultant places itself in position of conflict of interest
or fails to disclose promptly any conflict of interest to the Employer;
vi. within thirty (30) days, if the Consultant, in the judgment of the Employer
has engaged in Corrupt or Fraudulent Practices in competing for or in
executing the Contract;
vii. if the Employer, in its sole discretion and for any reason whatsoever, within
a period of sixty (60) days’ decides to terminate this Contract.
By the Consultants:
The Consultants may terminate this Contract, by not less than thirty (30) day’s’
written notice to the Employer, such notice to be given after the occurrence of the
events specified in this clause:
i. if the Employer fails to pay any money due to the Consultants pursuant to
this Contract and not subject to dispute pursuant to relevant clauses hereof
within forty-five (45) days after receiving written notice from the Consultants
that such payment is overdue; or
ii. if, as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days.
iii. result is a conflict of interest with the Employer.
Cessation of Rights and Obligations:
Upon termination of this Contract pursuant to actual Termination, or upon
expiration of this Contract pursuant to relevant clause hereof, all rights and
obligations of the Parties hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of termination or expiration, (ii) the
obligation of confidentiality set forth in relevant clause hereof, (iii) the
Consultant’s obligation to permit inspection, copying and auditing of their accounts

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and records, (iv) the rights of indemnity of the Employer specified in clause 1.15.2
and (v) any right which a Party may have under the Applicable Law.
Cessation of Services:
Upon termination of this Contract by notice of either Party to the other pursuant to
relevant clauses hereof, the Consultant shall, immediately upon dispatch or receipt
of such notice, take all necessary steps to bring the Services to a close in a prompt
and orderly manner and shall make every reasonable effort to keep expenditures
for this purpose to a minimum. With respect to documents prepared by the
Consultant and equipment and materials furnished by the Employer, the Consultant
shall handover all project documents under procedure described in this contract.
Payment upon termination:
Upon termination of this Contract, the Employer will make the following payments
to the Consultants:
i. Remuneration pursuant to relevant clauses for Services satisfactorily
performed prior to the effective date of termination;
ii. If the Contract is terminated pursuant to Clause 1.3.1 i, ii, iv, v or vi, the
Consultant shall not be entitled to receive any agreed payments upon
termination of the Contract. However, the Employer may consider to make
payment for the part satisfactorily performed on the basis of the quantum
merit as assessed by it, in its sole discretion, if such part is of economic utility
to the Employer. Under such circumstances, upon termination, the Employer
may also impose liquidated damages as per the provisions of relevant clauses
of this Contract. The consultant will be required to pay any such liquidated
damages to Employer within 30 days of termination date.
Disputes about Events of Termination:
If either Party disputes Termination of the contract under relevant clauses hereof,
such Party may, within forty-five (45) days after receipt of notice of termination
from the other Party, refer the matter to arbitration under relevant clauses hereof,
and this Contract shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.
1.4 Obligations of the Consultants
General:
The Consultants shall perform the Services and carry out their obligations
hereunder with all due diligence, efficiency and economy, in accordance with
generally accepted professional techniques and practices, and shall observe sound
management practices, and employ appropriate advanced technology and safe
methods. The Consultants shall always act, in respect of any matter relating to this
Contract or to the Services, as faithful advisers to the Employer, and shall at all
times support and safeguard the Employer’s legitimate interests in any dealings
with Sub-consultants or third parties. Since this project is being implemented as a
joint venture between State Government and Government of India, any State
Government or Central Government agency as appointed by the State or Central

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Government is to be continuously consulted, besides the Employer, as a major
stakeholder in the Project.
Conflict of interest
1.4.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.:
The remuneration of the Consultants pursuant to relevant clauses hereof shall
constitute the Consultant’s sole remuneration in connection with this Contract or
the Services, and the Consultants 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 Consultants 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 remuneration.
1.4.2.2 Consultants and Affiliates Not to Engage in Certain Activities:
The Consultants agree that, during the term of this Contract and after its
termination, the Consultants and their affiliates, as well as any Sub-consultant and
any of its affiliates, shall be disqualified from providing goods, works or services
(other than the Services and any continuation thereof) for any project resulting from
or closely related to the Services for the period of two years.
1.4.2.3 Prohibition of Conflicting Activities:
Neither the Consultants nor their Sub-consultants nor the Personnel shall engage,
either directly or indirectly, in any of the following activities:
i. during the term of this Contract, any business or professional activities
which would conflict with the activities assigned to them under this
Contract; and
ii. after the termination of this Contact, any activities either directly or
indirectly associate with this project.
Confidentiality:
The Consultants, their Sub-consultants, and the Personnel of either of them shall
not, either during the term or within two (2) years after the expiration of this
Contract, disclose any proprietary or confidential information relating to the
Project, the Services, this Contact or the Employer’s business or operations without
the prior written consent of the Employer.
Consultant’s Actions Requiring Employer’s Prior Approval:
The Consultants shall obtain the Employer’s prior approval in writing before taking
any of the following actions:
i. entering into a subcontract for the performance of any part of the Services, it
being understood (i) that the selection of the Sub consultant and the terms
and conditions of the subcontract shall have been approved in writing by the
Employer prior to the execution of the subcontract, (ii) that the Consultants
shall remain fully liable for the performance of the Services by the Sub

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consultant and its Personnel pursuant to this Contract, (iii) that the extent of
sub-contracting would be restricted to 30 (thirty) percent of the contract
price, and (iv) the Employer will be provided by the Consultant with
particulars (name, financial& technical background, sub-consultancy fee) of
the sub-consultant.
ii. appointing such members of the Personnel, as are not mentioned in the
Technical Bid, and
iii. any other action that may be specified in the SCC.
Reporting Obligations:
The Consultants shall submit to the Employer the reports and documents specified
in TOR, in the numbers, and within the periods set forth in this contract.
Documents Prepared by the Consultants to be the Property of the Employer:
All plans, drawings, specifications, designs, reports, other documents and software
submitted by the Consultants pursuant to this contract shall become and remain the
property of the Employer, and the Consultants shall, not later than upon termination
or expiration of this Contract, deliver all such documents and software to the
Employer, together with a detailed inventory thereof. The Consultants may retain
a copy of such documents and software. Restrictions about the future use of these
documents and software, if any, shall be specified in the SCC.
Liability of the Consultants:
Subject to additional provisions, if any, set forth in the SSC, the Consultants’
liability under this Contract shall be as provided by the Applicable Law.
Insurance to be taken out by the Consultants:
The Consultants (i) shall take out and maintain, and shall cause any Sub consultants
to take out and maintain, at their (or the Sub consultants’, as the case may be) own
cost but on terms and conditions approved by the Employer, insurance against the
risks, and for the coverages, as shall be specified in the Special Conditions of
Contract (SCC), and (ii) within 15 (fifteen) days of receiving any insurance policy
certificate in respect of insurances required to be obtained and maintained under
this clause, the Consultant shall furnish to the Employer, copies of such policy
certificates, copies of the insurance certificates and evidence that the insurance
premium have been paid in respect of such insurance. No insurance shall be
cancelled, modified or allowed to expire or lapse during the terms of this Contract.
(iii) if the Consultant fails to effect and keep in force the aforesaid insurances for
which it is responsible pursuant hereto, the Employer will apart from having other
recourse available under this Contract have the option without prejudice to the
obligations of the Consultant, to take out the aforesaid insurance, to keep in force
any such insurances, and pay such premium and recover the costs thereof from the
Consultants, and the Consultants shall be liable to pay such amounts on demand by
the Employer. (iv) the insurance policies so procured shall mention the Employer
as the beneficiary of the Consultants and the Consultants shall procure an
undertaking from the insurance company in this regard.
1.5 Consultants’ personnel

Removal and/or Replacement of Key Professional

The Employer will not normally consider substitutions except in cases of
incapacity of key professional for reasons of health. Similarly, after award of
contract the Employer expects all the proposed key professional to be available
during implementation of the contract. The Employer will not consider
substitutions during contract implementation except under exceptional
circumstances and that too by only equally or better qualified and experienced
personnel with prior written approval from Employer. In such event, the
Consultant shall have to intimate 15 days prior to the Employer and also shall
have to submit a suitable CV for the replacement of such key professional. In
case of non-submission of CV for key professional beyond a period of 15 days, a
non-refundable penalty of 0.25% per day of the apportioned contract fees of the
respective key professional shall be levied till the submission of a suitable CV of
key professional and deployment of the key professional by the Consultant. The
aggregate maximum of penalty levied by the Employer under this clause shall be
subject to a maximum of 10% of the total apportioned contract fees for the said
position. This penalty would be over and above the Replacement penalty as
specified under this Clause. Any of the Personnel provided as a replacement as
above, the rate of remuneration applicable on account of such person being
replaced person shall be reduced by 5 % each time of initial deployed Key
personal cost with maximum of 20 % of remuneration paid for that personal.
However, no such deduction shall apply for reason i.e death/extreme medical
ground for which requisite documents shall be furnished by Consultant and shall
be subject to approval by Employer for not applying any such deduction.

1.5.2.1 If the Employer finds that any of the Personnel have (i) committed serious
misconduct or has been charged with having committed a criminal action, or (ii)
have reasonable cause to be dissatisfied with the performance of any of the
Personnel, then the Consultants shall, at the Employer’s written request specifying
the grounds therefore, forthwith provide as a replacement a person with
qualifications and experience acceptable to the Employer.

1.6 Obligations of the Employer

Assistance and Exemptions:
Unless otherwise specified in the SCC, the Employer will use its best efforts to
ensure that the Government will provide the Consultants, Sub-consultants and
Personnel with work permits and such other documents as necessary to enable the
Consultants, Sub consultants or Personnel to perform the Services:
1.6.1.1 assist for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all supporting papers for necessary entry and exit visas, residence
permits, exchange permits and any other documents required for their stay in India;
1.6.1.2 facilitate prompt clearance through customs of any property required for the
Services;
1.6.1.3 issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services;

Access to land:
The Employer warrants that the Consultants shall have, free of charge, unimpeded
access to all land in the Government’s country in respect of which access is
required for the performance of the Services.

1.7 Performance security

The Consultant shall, for the performance of its obligations hereunder during the
Consultancy Service Period, provide to the Employer, within 28 (Twenty Eight)
days of the date of issue of letter accepting the tender/letter of award, an irrevocable
and unconditional guarantee from a Bank in the form set forth in Appendix-4C-II
(the “Performance Security”) for an amount equal to Five Percent (5%) of the

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Contract Price in case of sole consultant and Four percent (4%) in case of Lead
Partner of JV/Consortium.
In addition to above the JV/Consortium partner, if so, shall, for the performance of
its obligations hereunder during the Construction Period, provide to the Employer,
within 28 (Twenty Eight) days of the date of issue of letter accepting the
tender/award of work, an irrevocable and unconditional guarantee from a Bank in
the form set forth in Appendix-4C-II (the “Performance Security”) for an amount
equal to Two Percent (2%) of the Contract Price.
In addition to the above performance security, if the successful consultant has
quoted a tendered cost below 20% (twenty percent) of the estimated cost of the
consultancy Services mentioned in the BDS, in such a case, the successful Bidder
shall have to submit an additional Performance Security of the differential cost of
the 80% of the estimated cost and the Quoted Cost. The Consultant shall provide
said additional Performance Security within 28 (Twenty Eight) days of the date of
issue of letter accepting the tender/award of work. The Additional Performance
Security shall be valid until 60 (sixty) days after the Date of Completion of the
Consultancy Services. In the event the Consultant is a joint venture/consortium, the
additional Performance Security may be provided by any Partner; provided that
such Performance Security shall mention the details of this Contract and the other
Partner.
For the Consultant the Performance Security shall be retained by the Employer
until the completion of the assignment by the Consultant and be released twelve
(12) months after the completion of the assignment. Provided further that the
validity of Performance Security shall be extended from time to time, depending
upon extension of contract granted in terms of Contract Agreement.
The Performance Security shall be obtained from a scheduled commercial Indian
bank, in compliance with Applicable Laws (including, in case the Consultant is a
non-resident, in compliance with applicable foreign exchange laws and
regulations).
The Performance Security shall be extended accordingly such that the Performance
Security remains valid until the expiry of a period of twelve (12) months from the
date of submission of the last deliverable under this Contract and further as per the
requirement of the project. If the Employer shall not have received an extended/
replacement Performance Security in accordance with this clause at least thirty (30)
days prior to the date of expiry of the then existing Performance Security, the
Employer shall be entitled to draw the full amount of the bank guarantee then
available for drawing and retain the same by way of security for the performance
by the Consultant of its obligations under this Contract until such time as the
Employer shall receive such an extended/ replacement Performance Security
whereupon, subject to the terms of this Contract, the Employer will refund to the
Consultant the full amount of the bank guarantee, unless the Employer has drawn
upon the Performance Security in accordance with the provisions of this Contract,
in which case only the balance amount remaining will be returned to the
Consultant; provided that the Employer will not be liable to pay any interest on
such balance. The Employer will return the bank guarantee provided as
Performance Security to the issuer thereof for cancellation promptly upon receipt
of any extension/ replacement thereof. Subject to satisfactory completion of all

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deliverables under this Contract, the Performance Security will, subject to any
drawdowns by the Employer in accordance with the provisions hereof, be released
by the Employer within a period of twelve (12) months from the date of submission
of the last deliverable under this Contract.
The Employer shall have the right to claim under the Performance Security,
additional performance security, if any, and appropriate the proceeds if any of the
following occur:
a) the Consultant becomes liable to pay liquidated damages;
b) occurrence of any of the events listed in sub-clauses (i) through (vi) of Clause
1.3.1 of the GCC;
c) any material breach of the terms hereof; and/or
d) without prejudice to paragraph above, the Consultant fails to extend the
validity of the Performance Security or provide a replacement Performance
Security in accordance with the provisions of this Contract.
1.8 Payments to the consultants
Mobilization Advance Payment
a) The Employer shall make an interest bearing advance payment @ Bank Rate
+ 5% per annum (the “Advance Payment”), equal in amount to 10 (ten)
percent of the Contract Price, for mobilisation. The Advance Payment shall
be made in two instalments. The first instalment shall be an amount equal to
5% (Five percent) of the Contract Price, and the second instalment shall be
equal to 5% (five percent) of the Contract Price. Here the Bank Rate means
the Repo rate of interest announced by the Reserve Bank of India for all its
lending operations on the Base Date that is 28 days before the Bid submission
date. The Consultant may apply to the Employer for the first instalment of
the Advance Payment at any time after the commencement date and signing
of Contract Agreement, against an irrevocable and unconditional guarantee
from a Scheduled Bank for an amount equivalent to 110% (one hundred and
ten per cent) of such instalment, substantially in the form provided, to remain
effective till the complete and full repayment thereof.
b) At any time after 30 (thirty) days from the commencement Date, the
Consultant may apply for the second instalment of the Advance Payment
against an irrevocable and unconditional guarantee from a Scheduled Bank
for an amount equivalent to 110% (one hundred and ten per cent) of such
instalment, substantially in the form provided, to remain effective till the
complete and full repayment thereof.
c) The first and second instalments shall be paid by the Employer to the
Consultant within 15 (fifteen) days of the receipt of its respective requests.
d) The recovery of all Advances shall commence when 20% of the original
Contract Price of the services has been paid, and it will be completed by the
time 80% of the original contract value has been paid or by the time of
original Completion Date whichever is earlier.

Currency:
The price is payable in local currency i.e. Indian Rupees.
Payment for Additional Services:
For the purpose of determining the remuneration due for additional services as may
be agreed under relevant clauses for modification in this contract.
1.9 Settlement of disputes
Amicable Settlement:
The Parties shall use their best efforts to settle amicably all disputes arising out of
or in connection with this Contract or its interpretation.
Disputes Settlement:
Any dispute between the Parties as to matters arising out of and relating to this
Contract that cannot be settled amicably within thirty (30) 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 provision specified in the
SCC.
1.10 Responsibility for accuracy of project documents
General
1.10.1.1 The Consultant shall be responsible for accuracy of the Designs, drawings, estimate
and all other details prepared by Consultant as part of these services. Consultant
shall indemnify the Employer against any inaccuracy in the work, which might
surface during implementation of the project. The Consultant will also be
responsible for correcting, at Consultant’s own cost and risk, the drawings
including any re-survey/ investigations and correcting layout etc. if required during
the execution of the Services.
1.10.1.2 The Consultant shall be fully responsible for the accuracy of plans and drawings.
The Consultant shall indemnify the Employer against any inaccuracy / deficiency
in the designs and drawings noticed and the Employer will bear no responsibility
for the accuracy of the designs and drawings submitted by the Consultants.

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1.11 Liquidated damages
If the selected Consultant fails to complete the Assignment, within the period
specified under the contract, the consultant shall pay to the Employer, fixed and
agreed liquidated damages, and not as penalty, @ 1% of the contract fees for each
week of delay or part thereof. The aggregate maximum of liquidated damages
payable to the Employer under this clause shall be subject to a maximum of 10%
of the total contract fees.
1.12 Representation, warranties and disclaimer
The Consultant represents and warrants to the Employer that:
1.12.1.1 it is duly organised, validly existing and in good standing under the applicable laws
of its Country;
1.12.1.2 it has full power and authority to execute, deliver and perform its obligations under
this Contract and to carry out the transactions contemplated hereby;
1.12.1.3 it has taken all necessary corporate and other action under Applicable Laws and its
constitutional documents to authorize the execution, delivery and performance of
this Contract;
1.12.1.4 it has the financial standing and capacity to undertake the Project;
1.12.1.5 this Contract constitutes its legal, valid and binding obligation enforceable against
it in accordance with the terms hereof;
1.12.1.6 it is subject to laws of India with respect to this Contract and it hereby expressly
and irrevocably waives any immunity in any jurisdiction in respect thereof;
1.12.1.7 there are no actions, suits, proceedings, or investigations pending or, to the
Consultant’s knowledge, threatened against it at law or in equity before any court
or before any other judicial, quasi-judicial or other authority, the outcome of which
may result in the breach of or constitute a default of the Consultant under this
Contract or materially affect the discharge by the Consultant of its obligations
under the Contract.
1.12.1.8 no representation or warranty by the Consultant contained herein or in any other
document furnished by it to the Employer contains or will contain any untrue
statement of material fact or omits or will omit to state a material fact necessary to
make such representation or warranty not misleading; and,
1.12.1.9 no sums, in cash or kind, have been paid or will be paid, by or on behalf of the
Consultant, to any person by way of fees, commission or otherwise for securing
the Contract or for influencing or attempting to influence any officer or employee
of the Employer in connection therewith.
1.13 Change of Scope of Services
The change of Scope of Services on account of variation of total
Area/Length/capacity from the indicative Area/Length/Capacity as given at TOR
shall be dealt as follows:

a) apply throughout the actual or intended working life (whichever is longer) of

the relevant parts of the Works,

b) entitle any person in proper possession of the relevant part of the Works to copy,
use and communicate the Consultant's Documents for the purposes of
implementation, completing, operating, maintaining, altering, adjusting,
repairing and demolishing the Works/services, and

c) in the case of Consultant’s Documents which are in the form of computer

programs and other software, permit their use on any computer on the Site and
other places as envisaged by this Agreement, including replacements of any
computers supplied by the Consultant:

The Consultant's Documents and other design documents made by (or on behalf
of) the Consultant shall not, without the Consultant's consent, be used, copied or
communicated to a third party by (or on behalf of) the Employer for purposes other
than those permitted under this Contract.

1.15 Miscellaneous
Assignment and Charges
1.15.1.1 The Contract shall not be assigned by the Consultant save and except with prior
consent in writing of the Employer, which the Employer will be entitled to decline
without assigning any reason whatsoever.
1.15.1.2 The Employer is entitled to assign any rights, interests and obligations under this
Contract to third parties.
Indemnity:
The Consultant agrees to indemnify and hold harmless the Employer from and
against any and all claims, actions, proceedings, lawsuits, demands, losses,
liabilities, damages, fines or expenses (including interest, penalties, attorneys’ fees
and other costs of defence or investigation (i) related to or arising out of, whether
directly or indirectly, (a) the breach by the Consultant of any obligations specified
in relevant clauses hereof; (b) the alleged negligent, reckless or otherwise wrongful
act or omission of the Consultant including professional negligence or misconduct
of any nature whatsoever in relation to Services rendered to the Employer; (c) any
Services related to or rendered pursuant to the Contract (collectively “Indemnified
matter”). As soon as reasonably practicable after the receipt by the Employer of a

Survival:
Termination of the Contract (a) shall not relieve the Consultant or the Employer of
any obligations hereunder which expressly or by implication survive Termination
hereof, and (b) except as otherwise provided in any provision of the Contract
expressly limiting the liability of either Party, shall not relieve either Party of any
obligations or liabilities for loss or damage to the other Party arising out of or
caused by acts or omissions of such Party prior to the effectiveness of such
Termination or arising out of such Termination.
Notices:
Unless otherwise stated, notices to be given under the Contract including but not
limited to a notice of waiver of any term, breach of any term of the Contract and
termination of the Contract, shall be in writing and shall be given by hand delivery,
recognised international courier, mail, telex or facsimile transmission and delivered
or transmitted to the Parties at their respective addresses specified in the SCC. The
notices shall be deemed to have been made or delivered (i) in the case of any

Agreement to Override Other Agreements:

The Contract supersedes all previous agreements or arrangements between the
Parties, including any memorandum of understanding entered into in respect of the
contents hereof and represents the entire understanding between the Parties in
relation thereto.
Counterparts:
The Contract may be executed in two counterparts, each of which when executed
and delivered shall constitute an original of the Contract.

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Section-6

Special Conditions of
Contract
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common Effluent
Treatment Plant
---------------------------------------------------------------------------------------------------------------------------
Special Conditions of Contract
The Special Conditions of Contract (SCC) of contract contains number of amendments,
supplements and addendum to clauses in the General Conditions of the Contract (GCC).
Whenever there is a conflict, the provisions herein shall prevail over those in the GCC.

Sl. No GCC Clause Amendment/Supplement/Addendum to GCC

Ref. No.
1 GCC 1.1.3 Insert at GCC 1.1.3 as follows:

The language is English.

2 GCC 1.1.4 Add new sub Clause GCC 1.1.4:

The Employer address is:

Dholera Industrial City Development Limited,
Registered Office: 6th Floor, Block No. 1 and 2,
Udyog Bhavan, Sector-11,
Gandhinagar – 382011 Gujarat, India.

The Consultant’s Registered office address will be the address for

communication of the notice.
3 GCC 1.1.6 Add new sub Clause GCC 1.1.6:

The Authorized Representative for the Employer is General

Manager-Commercial, Corporate & HR or Any DICDL officer as
per delegation of power of company.
4 GCC 1.1.6 Add new sub Clause GCC 1.1.6:

The Authorized signatory of the consultant will be the Authorized

Representative for the consultant. The consultant shall have to submit
the power of Attorney as per the format in this RfQ cum RfP.

5 GCC 1.1.7 Add new sub Clause GCC 1.1.7:

For domestic consultants/personnel and foreign consultants/personnel

who are permanent residents in India the Consultants and the personnel
shall pay the taxes, duties, fees, levies/expenses and other impositions
levied under the existing, amended or enacted laws during life of this
contract and the Client will perform such duties in regard to the
deduction of such tax as may be lawfully imposed. Applicable GST
will be reimbursed as per applicable rates. All other applicable taxes,
levies, duties, etc., if any, shall be borne by Consultant.
6 GCC 1.2.1 Add new sub Clause GCC 1.2.1:

This Contract will come into effect from the date of issuance of letter
of commencement of service.

The consultant shall commence the service from the date of

commencement of service agreed upon in the kick-off meeting.

After kick-off meeting, a notice for commencement of service shall be

issued separately.

8 GCC 1.2.3 Add new sub Clause GCC 1.2.3:

The duration of assignment shall be Three (03) months with option to

extend with mutual written agreement.
The Deliverables and timeframe is defined under Table-A hereunder.
9 GCC 1.4.7 Add new sub Clause GCC 1.4.7:

Limitation of the Consultants’ Liability towards the Employer:

a) Except in case of negligence or wilful misconduct on the part of
the Consultants or on the part of any person or firm acting on
behalf of the Consultants in carrying out the Services, the
Consultants, with respect to damage caused by the Consultants
to the Client’s property, shall not be liable to the Client:
i. for any indirect or consequential loss or damage; and
ii. For any direct loss or damage that exceeds (i) the total
payments for Professional Fees and Reimbursable
Expenditure made or expected to be made to the
Consultants hereunder, or (ii) the proceeds the
Consultants may be entitled to receive from any
insurance maintained by the consultants to cover such
a liability, whichever of (i) or (ii) is higher.
b) This limitation of liability shall not affect the Consultants’
liability, if any, for damage to Third Parties caused by the
Consultants or any person or firm acting on behalf of the
Consultants in carrying out the Services.
10 GCC 1.4.8 Add new sub Clause GCC 1.4.8:
a) Third Party motor vehicle liability insurance as required under
Motor Vehicles Act, 1988 in respect of motor vehicles operated
in India by the Consultants or their Personnel or any Sub
consultants or their Personnel for the period of consultancy.
b) Third Party liability insurance with a minimum coverage, for
INR 1,00,00,000/- (Rupees one crore) for the period of
consultancy.
c) Professional Liability Insurance: Consultants will maintain at its
expense, Professional Liability Insurance including coverage for
errors and omissions caused by Consultant’s negligence, breach

a) The prices shall remain firm during entire period of services

envisaged in the RFQ cum RFP.
b) Consultancy fee will be paid in accordance with the milestone
base payment schedule. The payment milestone is defined under
Table-B hereunder.
c) All other activities as described in the Terms of Reference and
other deliverables required as per the Terms of Reference are part
of responsibility of the Consultant throughout the engagement of
the Consultant and are not specific to any milestone.
d) Each milestone to be designated as complete and eligible for
payment must be approved by Employer/ Employer’s
representative. The Consultant shall ensure that all submissions of
each milestone shall cover full scope under the respective
deliverable.

12 GCC 1.9.2 Add new sub Clause GCC 1.9.2:

Dispute settlement
If any dispute or difference of any kind whatsoever arises between the
parties in connection with or arising out of or relating to or under this
contract, the parties shall promptly and in good faith negotiate with a
view to its amicable resolution and settlement. In the event no amicable
resolution or settlement is reached within a period of thirty (30) days
from the date on which the above-mentioned dispute or difference
arose, such dispute or difference shall be finally settled by arbitration.
The arbitral tribunal shall consist of three arbitrators. Each party shall
appoint one arbitrator and the two arbitrators so appointed shall jointly
appoint the third arbitrator. The seat of arbitration shall be Gandhinagar
and the arbitration shall be conducted in the English language. The
Arbitration and Conciliation Act, 1996 shall govern the arbitral
proceedings. The award rendered by the arbitral tribunal shall be final
and binding on the parties.
13 GCC 1.13 Replace Clause GCC 1.13 with the following:

14 Additional Clause:

a) List of minimum key personnel / staff is mentioned under Table-

C below.
b) Support staff will be as required and over and above key
personnel.
c) This is tentative and minimum numbers of Key personal indicated
however bidder has to propose as per the Scope of Service defined
in RFQ cum RFP.
d) Support staff will be in addition to above as per the project
requirement.
e) If any Specific Skill set manpower required as per requirement of
project during execution, Consultant has to deploy manpower in
consultation with Employer without any additional cost to the
tenderer.

iii. Surveyor
iv. Any other personnel, as required for the Assignment

15 Additional Clause:

Any changes in parameters and their concentration by regulatory

authorities shall be accounted in the scope of work without any
additional cost. Adequate design margin with respect to types of
parameters and its concentration shall be accounted.

Part-A Deliverables and timeframe for existing 20 MLD CETP

Sr. No. Timeline from date of

Milestone deliverable Commencement (Days)

1 Inception Report 10

2 Preliminary Design Concept 15

3 Detailed Design and Engineering Concept 25

4 Detailed Cost Estimate 40

5 Prepare Tender Document on EPC Basis 45

Part-B Deliverables and timeframe for new 40 MLD CETP

Sr. No. Timeline from date of

Milestone deliverable Commencement (Days)

1 Inception Report including Geotechnical investigation

60
report

2 Preliminary Design Report 70

3 Detailed Design and Engineering Concept 85

4 Detailed Cost Estimate 105

5 Prepare Tender Document on EPC Basis 115

6 Bid Management 135

Weightage in
percentage to Payment (in
Sr. No. Milestone deliverable
the contract percentage of total fee)
price
1. Inception Report 30% 03

2. Preliminary Design Concept 07

3. Detailed Design and Engineering Concept 08

4. Detailed Cost Estimate 07

5. Prepare Tender Document on EPC Basis 05

Part-B Payment Milestone for new 40 MLD CETP

Weightage in
percentage to Payment (in
Sr. No. Milestone deliverable
the contract percentage of total fee)
price
1. Inception Report 70% 08

2. Preliminary Design Report 15

3. Detailed Design and 17

Engineering Concept

4. Detailed Cost Estimate 15

5. Prepare Tender Document on EPC Basis 08

6. Bid Management 07

List of minimum key personnel / staff is as below:

Minimum
Sr. years of
Position Specific expertise
No. professional
experience
1. Team Leader 20 Should have Master’s degree in Civil / Mechanical /
cum Wastewater Environmental Engineering and complete life cycle
expert experience in planning, design and management of large-
scale infrastructure related to Industrial wastewater /
Common effluent treatment plant and conveyance system.
Preferably effluent from chemicals, electronics,
electroplating and associated industries.
The Team Leader should have experience in Design-Build
Contracts for Industrial Common Effluent treatment Plant.
2. Senior Process 15 Should have Graduation / Master’s degree in Chemical
Engineer Engineering and should be Wastewater Treatment Process
Expert with more than 15 years of overall experience, of
which at least 10 years as Process Design Engineer in
industrial effluent treatment.
3. Senior Engineer 15 Should have more than 15 years of experience of which 10
Mechanical years shall be in supervising, installation and testing
mechanical equipment/pumps and associated components
related to industrial effluent treatment.

4. Water and 15 Should have bachelor’s degree in civil engineering with

wastewater master’s degree in water resources/ irrigation/
treatment/ environmental engineering / hydraulics / public health
network design engineering with experience in planning & management of
expert water and wastewater treatment systems, network and
experience with latest national and international standards.
Should also have experience of latest hydraulic design
software like Water Gems, Sewer Gems etc.
5. Senior Structural 15 Should be a civil engineer with 15 years of experience in the
Engineer field of structural design for water, wastewater treatment,
distribution, conveyance projects.
6. ICT / electronic 10 Bachelor’s in Electronics / Instrumentation engineering with
& experience in designing ICT network for smart cities, and IT
instrumentation infrastructure for large cluster level or large area
expert /SCADA development projects including implementation of SCADA
expert in wastewater treatment plants, distribution and collection
networks. Should have experience in systems integration
and knowledge of latest technology in ICT/SCADA fields.

Section-7

Terms of Reference
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant
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Consultancy Services for Detailed Engineering and Design for Augmentation of existing
20 MLD and Balance 40 MLD Common Effluent Treatment Plant
INTRODUCTION
Dholera Special Investment Region (Dholera SIR) is the flagship development project under
Delhi-Mumbai Industrial Corridor in the State of Gujarat. The DSIR was planned as a
Greenfield Industrial City, located approximately 100 km south of Ahmedabad and 130 km
from the state capital of Gandhinagar. DSIR is administered and governed under legal
framework of Gujarat Special Investment Region (GSIR) Act, 2009. Under this Act, seven
Special Investment Regions have been notified by the State Government out of which Dholera
Industrial Corridor Development Programme and the State Government along the Delhi –
Mumbai Industrial Corridor. Dholera Special Investment Regional Development Authority
(DSIRDA) was constituted under GSIR Act,2009.

As part of these efforts, trunk infrastructure with joint investment of Central Government and
Government of Gujarat has been developed at Dholera SIR considering development of
Greenfield Industrial City with strategic investment focus in key sectors like semiconductor
manufacturing, display fab industries, electronics, and their allied ecosystem industries in line
with National and State Policies. A Special Purpose Vehicle (SPV) Dholera Industrial City
Development Ltd. (DICDL) has been created between Central Government and the State
Government, Gujarat to develop Dholera SIR.

In context to aforesaid infrastructure development, Common Effluent Treatment Plant (CETP)

is one of the integral part of Industrial effluent management system at SIR.

TOR-CS Page 2
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant
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Industrial effluent
In initial phase of industrial development within Activation area of Dholera SIR a CETP of 60
MLD is planned. The first 20 MLD module is constructed. The present treatment scheme
comprises of Primary, secondary and tertiary stages with reject from RO stream.

Overview of Process Flow Diagram

Effluent conveyance system comprising of 14 nos. Intermediate Influent Pumping Stations
(IEPS), 1 no. Terminal Effluent Pumping Station (TEPS), Recycled Water Master Balancing
Reservoir (MBR-R1) and RO reject stream for disposal.

TOR-CS Page 3
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant
--------------------------------------------------------------------------------------------------------------------------------------
Existing Effluent Conveyance system
The CETP site consists of pumping stations, preliminary, primary, secondary and tertiary
treatment for treating common effluent. Various Physico-Chemical-Biological & tertiary
processes like screening, grit removal, flow equalisation, flocculation, clarification, biological
treatment (SBR), disinfection, filtration, ultrafiltration, reverse osmosis are considered in
CETP.
The treated effluent from CETP after tertiary treatment is stored in 20 ML recycled treated
water Mass Balancing Reservoir (MBR) in CETP premises. The treated recycled water from
MBR in CETP is pumped to five recycled water elevated storage reservoirs in Activation area
which in turn supplies recycled treated water to industries through recycled water distribution
network.

Existing Treated Recycled Water Distribution network

The detail description inclusive of design basis for CETP is enclosed as:

Enclosure 01-CETP layout with dimension details of process units

Enclosure 02- CETP Process Design Basis and Calculations

Enclosure 03- Overall Piping layout of CETP

Enclosure 04-RO reject pipeline alignment for discharge

Enclosure 05-IEPS location, capacities and Effluent collection network in Activation area

Enclosure 06-Recycled water rising main and distribution network

TOR-CS Page 4
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant
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Enclosure 07- Indicative characteristics of effluent from semiconductor and electronic
manufacturing industries and comparison with inlet and outlet norms for CETP.

Enclosure 08- CPCB standards for effluent discharge.

Dholera SIR is planned as a Greenfield Industrial City and industries belonging to
semiconductor fab manufacturing and electronic ecosystem are being considered for its
establishment. It is required to make the wastewater management equipped to handle effluent
streams from such member industries. The detailed scope of work is presented in Terms of
Reference as below:
Terms of Reference (TOR)

The detailed scope is as under:

1. Assessment of gaps and adequacy in the existing physical infrastructure and treatment
schemes, including characteristics of inlet effluent to the CETP, the quality of recycled
water and treated outlet parameters, existing effluent conveyance system and discharge
methods. Case study of global standards adopt for semiconductor industries for
treatment of effluent, suitability for modification/ alternative in existing CETP at
Dholera; feasibility for modification/ alternative in existing CETP
2. Review of the existing 20 MLD CETP scheme to evaluate its feasibility for treating
effluent generated by industrial proponents, including semiconductor fabrication and
electronic manufacturing member including ancillary industries.
3. Develop design-engineering specifications and a Bill of Quantities (BOQ) for
recommended augmentations /alternatives for existing treatment scheme or effluent
handling system, addressing the collection, treatment, and disposal of effluents
(including ZLD and other alternatives) from member industries, such as semiconductor
with ancillaries, electronics, heavy engineering, speciality chemicals and gases etc.
4. Provide a specification and BOQ for the recommended automation, sensors, and
analysers required to monitor effluent characteristics at the CETP collection and
treatment stages, as well as at the outlet of member industries, for its integration into
the existing SCADA system.
5. To determine the sludge characteristics, evaluate existing handling mechanism and
prepare specifications for any recommended modifications specifying its end use
disposal method/recovery options.
6. To determine Inlet, recycle and treated effluent characteristics in line with maximum
recycling and minimum discharge, considering ZLD as per CPCB standards. Determine
optimum option for safe disposal of treated effluent and prepare specifications for ZLD
7. Specify best industrial practices for CETP management, which shall minimum cover
Odour management, MOU with member industry, monitoring mechanism, off specs
management etc.
8. Preparation of tender specifications in two parts i.e 20 MLD and 40 MLD on EPC basis.
9. The scope shall include all design specifications, encompassing process flow diagrams,
material balances, equipment sizing, hydraulics, and P&ID.
10. Prepare an EPC cost estimate for the project, detailing both CAPEX and OPEX
components.

TOR-CS Page 5
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant
--------------------------------------------------------------------------------------------------------------------------------------
11. To determine the recycle treated water quality and volume available for its reuse for
industrial or other suitable users. The suitable users based on recycle water quality
available shall be specified.
12. Preparation of Financial model for charges, off specs management and penal provisions
considering benchmark and best industrial practices.
13. To prepare Operation and Maintanance model for alternative or modification derived.
14. Prepare details design specficifications and BOQ for 40 MLD CETP based on quality
of inlet, recycle and outlet stream finalised for 20 MLD or as specified by client.
15. Preparation of tender specifications in two parts 20 MLD and 40 MLD for EPC
construction.
16. Make site visits and presentations as may require by DICDL during the tenure.
17. For similar kind of projects site visit to identify confirmation about technology national
or international visits as its own cost shall be included in this scope.
18. The scope includes Survey, Investigation, Treatability Study and Technical inputs on
amendments required in existing regulatory approvals of CETP with respect to
Augmentation of CETP.
19. Preparation of Draft Detailed Project Report, includes:
• Process design
• Hydraulic calculations
• Structural design
• Electrical works
• Mechanical works
• Instrumentation designs including automation
20. Preparation of Final Detailed Project Report
21. Preparation of Bid documents

Milestone
Time in
Time in
Sr. days from
Deliverables days for Milestone
No. Work
Milestone
order
Block cost for 20 MLD existing CETP
Modification and alternatives (+ or –
10%)
Inception Report (Gap and adequacy
assessment of existing physical
infrastructure and treatment scheme,
characteristics of inlet effluent to CETP, Milestone-
1 10 10
Recycle effluent water quality and outlet 1
parameters, Existing effluent conveyance
system and discharge mode including Case
study of global standards adopt for
semiconductor industries for treatment of
effluent, suitability for modification/
alternative in existing CETP at Dholera)

TOR-CS Page 6
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant
--------------------------------------------------------------------------------------------------------------------------------------
For Existing 20 MLD CETP:
Preliminary Design concept, alternative
Milestone -
2 options for modification in existing 15 5
2
Infrastructure. (Including Techno-
Commercial viability, Operation concept.)
For Existing 20 MLD CETP:
Detailed Design and Engineering
concept for modification and alternatives Milestone-
3 25 10
(including agreement and vetting from 3
expected effluent parameter of member
industries).
For Existing 20 MLD CETP:
Detailed Cost estimate for existing 20 Milestone-
4 40 15
MLD CETP modification / alternative 4
and time line ( DPR)
For Existing 20 MLD CETP:
Prepare Tender Document on EPC basis
Milestone-
5 for Modification and alternation of existing 45 5
5
CETP for considering effluent from
Member Industries
For New 40 MLD CETP:
Milestone-
6 Inception Report including Geotechnical 60 15
6
investigation report
For New 40 MLD CETP (2 Nos of 20
MLD Capacity):
Milestone-
7 Preliminary Design report for 40 MLD 70 10
7
CETP (two modules of 20 MLD capacity
each)
For New 40 MLD CETP (2 Nos of 20
MLD Capacity):
Detailed Design and Engineering
Milestone-
8 concept for modification and alternatives 85 15
8
(including agreement and vetting from
expected effluent parameter of member
industries).
For New 40 MLD CETP (2 Nos of 20
MLD Capacity):
Milestone-
9 Detailed Cost estimate for existing 20 105 20
9
MLD CETP modification / alternative and
time line ( DPR)
For New 40 MLD CETP (2 Nos of 20
MLD Capacity):
Prepare Tender Document on EPC basis Milestone-
10 115 10
for Modification and alternation of existing 10
CETP for considering effluent from
Member Industries

TOR-CS Page 7
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant
--------------------------------------------------------------------------------------------------------------------------------------
For New 40 MLD CETP (2 Nos of 20
Milestone-
11 MLD Capacity): 135 20
11
Bid Management

TOR-CS Page 8
Consultancy Services for Detailed Engineering and Design for
Augmentation of existing 20 MLD and Balance 40 MLD Common
Effluent Treatment Plant

Section-8

Enclosures

Kindly collect enclosures

(drawings) from DICDL,
Gandhinagar Office
Contact Person: Mr. Gaurang Gohil:
+91 99794 83396

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