RFP For PMC
RFP For PMC
RFP For PMC
Date: 07.10.2019
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Selection of Project Management Consultant (PMC) for Establishment of 20 new Technology Centres
Table of Contents
Critical Date Sheet .................................................................................................................................................. 4
1. Background ............................................................................................................................................. 37
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Appendices ....................................................................................................................................................... 69
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Clarification End Date and Time DATE 16.10.2019 TIME 17:30 HOURS
Date and time of pre-proposal Meeting DATE 18.10.2019 TIME 11:00 HOURS
Proposal Submission Start Date and Time DATE 24.10.2019 TIME 10:00 HOURS
Proposal Submission End Date and Time DATE 31.10.2019 TIME 11:00 HOURS
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e-Tender are invited from bidders for carrying out above mentioned services as PMC.
Interested bidders may download detailed tender document from CPP portal free of cost.
Interested bidders must submit their proposal through CPP portal only before the end date
and time for submission of proposals as mentioned in critical date sheet.
Aspiring bidders who have not obtained the user ID and password for participating in e-
tendering, may enrol/register themselves on CPPP site https://eprocure.gov.in/eprocure/app
and obtain the same which is free of cost. For submission of the bids, the bidder is required
to have Digital Signature Certificate (DSC) from one of the authorized Certifying
Authorities. For further details, aspiring bidders may go through the detailed instructions
given at the end of this IFB as an attachment “Guidance for Online Proposal Submission”.
A pre-proposal meeting will be held on date and time as specified in Critical Date Sheet at
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Other details can be seen in the RFP. The Purchaser shall not be held liable for any delays
due to system failure beyond its control. Even though the system will attempt to notify the
bidders of any updates, the Purchaser shall not be liable for any information not received by
the bidder. It is the bidders’ responsibility to verify the e-procurement portal for the latest
information related to this IFB.
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Attachment to IFB
“Guidance for Online Proposal Submission”
The bidders are required to submit soft copies of their proposals electronically on the CPP
Portal, using valid Digital Signature Certificates. All the documents being submitted by the
bidders would be encrypted using PKI encryption techniques to ensure the secrecy of the
data. The data entered cannot be viewed by unauthorized persons until the time of proposal
opening. The confidentiality of the proposals is maintained using the secured Socket Layer
128 bit encryption technology. Data storage encryption of sensitive fields is done. Any
proposal document that is uploaded to the server is subjected to symmetric encryption using a
system generated symmetric key. Further this key is subjected to asymmetric encryption
using buyers/bid opener’s public keys. Overall, the uploaded tender documents become
readable only after the tender opening by the authorized bid openers.
The instructions given below are meant to assist the bidders in registering on the CPP Portal,
prepare their proposals in accordance with the requirements and submitting their proposals
online on the CPP Portal.
REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the
link “Online bidder Enrollment” on the CPP Portal which is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part
of the registration process. These would be used for any communication from the
CPP Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / nCode / eMudhra etc.),
with their profile. Additional instructions for getting DSC by foreign bidders can be
seen on (sr. no. 14) of the following link
https://eprocure.gov.in/eprocure/app?page=StandardBiddingDocuments&service=pa
ge
5) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to
misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user ID /
password and the password of the DSC / e-Token.
SEARCHING FOR TENDER DOCUMENTS
1) There are various search options built in the CPP Portal, to facilitate bidders to
search active tenders by several parameters. These parameters could include Tender
ID, Organization Name, Location, Date, Value, etc. There is also an option of
advanced search for tenders, wherein the bidders may combine a number of search
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ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the
relevant contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating to
CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk.
3) More information useful for submitting online proposals may be obtained from the
CPP Portal https://eprocure.gov.in/eprocure/app.
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Online 5.4 Financial proposals of only those bidders who are technically
Opening qualified shall be opened online on CPP Portal on the date & time
specified the Data sheet or the date and time communicated by the
and Evaluation
client, in the presence of the Bidders' representatives who choose to
of Financial
attend.
Proposals -
5.5 The Evaluation Committee will correct any computational errors.
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7.2 The Bidder will sign the contract after fulfilling all the formalities/
pre-conditions mentioned in the standard form of contract in
Section-VII, within 21 days of issuance of the letter of Award.
7.3 The Bidder is expected to commence the assignment on the date
specified in the Data Sheet.
8.1 Information relating to evaluation of Proposals and
recommendations concerning awards shall not be disclosed to the
Bidders who submitted the Proposals or to other persons not
8.
officially concerned with the process, until the publication of the
Confidentiality
award of Contract. The undue use by any Bidder of confidential
information related to the process may result in the rejection of its
Proposal.
9. Consortium
9.1 The client shall award the contract to a single bidders and shall not
Partner
encourage nor accept any responses from JV & consortiums.
Requirement
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Address:
Venue: Office of Development Commissioner,
Micro, Small & Medium Enterprises (MSME),
Committee Room, A Wing,
7th Floor, Nirman Bhawan,
Maulana Azad Road, New Delhi – 110108
Tel: +91 11 23061178
The person attending the pre-proposal meeting should have valid
authorization from the authorized signatory of the prospective bidder.
The prospective Bidders shall intimate the name of representative(s)
(not more than 2 from one organization) to the e-mail ID
schawla@dcmsme.gov.in latest by 10.00 Hrs. on the date of Pre –
proposal meeting for facilitating entry passes in Nirman Bhawan.
ITB 1.12 Proposals must remain valid for 120 days after the submission date.
ITB 3.4 The documents for the Pre-Qualification Proposal to be submitted are:
1. Details & supporting documents as per Pre-Qualification Form 1
2. Details & supporting documents as per Pre-Qualification Form 2
3. Details & supporting documents as per Pre-Qualification Form 3
4. Details & supporting documents as per Pre-Qualification Form 4
5. Details & supporting documents as per Pre-Qualification Form 5
6. Power of Attorney as per RFP format provided in Section VIII
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1
Similar Project includes multi-storied Technical Centre/ Training Centre Complex/ R & D centre /higher
institute campus/Process Plants with complete MEP services, landscaping, utilities, and equipment.
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(15 Marks)
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Stech = Total marks obtained for the above criteria (i), (ii) and (iii)
The minimum qualifying technical score: 70 Marks
Client may relax the minimum qualifying score if less than 3
bidders qualify.
ITB 5.4 Date and time of opening of Financial Proposal of all the qualified
bidders will be communicated later
ITB 5.6 The lowest evaluated Financial Proposal (Fm) is given the maximum
financial score (Sf) of 100.
The formula for determining the financial scores (Sf) of all other
Proposals is calculated as following:
The weights given to the Technical (T) and Financial (P) Proposals
are:
T = 70, and
P = 30
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Annual Turnover
Net Worth
……………………………………… ……………………………………...
(Signature of Statutory Auditor) (Signature of Authorized Signatory)
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[Date]
1.
2.
Name of Firm:
Address:
Seal/Stamp of bidder:
Supporting Documents: Bidder need to submit Work Order/LOA/Certificate from the client
for each project showcasing at least 10 years of experience in design and supervision of mid-
sized/mega Projects such as multi-storied Technical Centre/ Training Centre Complex/ R &
D centres /higher educational institute campus/Process Plants, with complete MEP services,
landscaping, utilities, and equipment to demonstrate. These supporting document(s) should
clearly specify the scope of project, value of the project and project status with month & year
of completion.
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[Date]
I/We undertake and confirm that we have inhouse engineering & design team to carry out
the scope of services as mentioned in the RFP.
There is experienced in-house design team for civil, structural, MEP, HVAC and
other engineering activities.
Name of Firm:
Address:
Seal/Stamp of bidder:
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I state that we have existing office in Delhi/NCR region with adequate space for
accommodating staff who will be deployed to execute this project. Address of the office with
other details is mentioned below. [ Bidders shall delete this portion in case they don’t have existing office
in Delhi/NCR and use the below mentioned declaration to set up project office]
[Please Provide details of other facilities available like conference/meeting halls, video conferencing
etc]
Name of Firm:
Address:
Seal/Stamp of bidder:
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Dear Sir:
We, the undersigned, offer to provide Project Management Consultant (PMC) for
establishment of 20 Technology Centres across India in accordance with your Request for
Proposal dated ……… 2019, and our Proposal. We are hereby submitting our Proposal,
which includes this Prequalification, Technical Proposal, and a Financial Proposal.
We hereby declare that all the information and statements made in this Proposal are true and
accept that any misinterpretation contained in it may lead to our disqualification.
If negotiations are held during the period of validity of the Proposal, we undertake to
negotiate on the basis of our proposal and your requirements. Our Proposal is binding upon
us and subject to the modifications resulting from Contract negotiations.
Our Proposal will remain valid for 120 days as stated in data sheet ITB 1.12.
We understand you are not bound to accept any Proposal you receive.
Yours sincerely,
Authorized Signature [In full and initials]:
Name and Title of Signatory:
Name of Company:
Address:
Location: _____________________________________ Date: _______________
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Bidders to furnish the relevant documents stating the status of the company i.e. Maharatna,
Navaratna, Miniratna etc.
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[Date]
Summary of value of similar Projects completed during last five years (i.e FY 2014-15 to FY
2018-19). Projects worth INR 150 crore and above which are completed will only be consider
for evaluation.
1.
FY 2014- 2.
15 3.
FY 2015-
16
FY 2016-
17
FY 2017-
18
FY 2018-
19
Name of Firm:
Seal/Stamp of bidder:
2
Similar Project includes multi-storied Technical Centre/ Training Centre Complex/ R & D centre /higher
institute campus/Process Plants with complete MEP services, landscaping, utilities, and equipment.
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Projects worth INR 150 crore and above which are completed will only be consider for
evaluation.
1) Project Name:
2) Project Location:
4) Name of Client:
8) Description of Project:
Name of Firm:
Address:
Seal/Stamp of bidder:
Supporting Documents:
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Undertaking /letter from the HR or concerned department validating/stating that the bidder’s
company has presence of in house professionally qualified staff in respective categories as
per the technical evaluation criteria mentioned in Bid Data Sheet ITB 5.3 (D)
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Priced bid to be uploaded under Financial Proposal only on the CPP Portal
Quoted Price
Item Unit of Price (percentage of Total PMC Fee
Item Description
No. to be Quoted Total Estimated (INR)
Project Cost)
6=4*Estimated
1 2 3 4
Project Cost
A Bidder to quote the
rates as a % of the
Estimated Project Cost
3A.1 Providing PMC In percentage
Services on Depositary of value of
Mode as per scope of total
work, terms and Estimated
conditions of the RFP Project cost
Document.
Name of Firm:
Address:
Seal/Stamp of bidder:
Note :
1. The quoted price shall be inclusive of all taxes and levies except the GST. The GST
will be paid in addition to the fee at the prevailing rate.
2. Rate in percentage shall be quoted maximum upto two decimal places. Otherwise, the
rate will be rounded off during price evaluation and award of work.
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These TCs are functioning as autonomous bodies and are financial self-sustainable for
operating expenses.
Keeping in view the success of TCs in serving MSMEs, Govt. felt a strong need to strengthen
the TCs network by modernizing the existing TCs and setting up more TCs across the
country so that the MSMEs in the unserved and low income states also get benefitted from
such centres. Accordingly, Government of India approved to upgrade and expand the network
of MSME Technology Centres across India. Towards achieving this objective, Ministry of
MSME, Government of India, since 2015 has been in the process of establishing 15
Technology Centres and upgrading / modernizing the existing TCs under the Technology
Centre Systems Programme (TCSP) at an estimated cost of USD 400 Million including
World Bank funding of USD 200 Million.
Primary focus of these TCs is to support industries particularly MSMEs in the country
through:
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MSMEs are at the core of major Government of India initiatives like Make in India, Start-up
India, Stand-up India. For their viability there is an immediate requirement to improve their
access to Technology. Considering the success of the existing Technology Centres and need
to expand the network of TCs, establishment of another 20 new TCs and 100 Extension
Centres in the country over a period of 3 years from 2019 to 2022 at a cost of about Rs. 6,000
Crores has approved by CCEA and Hon’ble Prime Minister in his speech on 2nd November
2018 has announced the Project.
Network of Technological Advance TCs together with Spoke model will widen the
geographical reach of technology at optimized cost. It will boost Entrepreneur spirit at grass
root level and bring innovation from lab to field. It will be able to help MSMEs which are at
the core of manufacturing and have very limited or no access to latest technology.
Manufacturing sector currently forms approximately 16% of GDP and MSMEs form an
important part of this manufacturing ecosystem. With approximately 40% contribution to this
sector, improving access to technology to MSMEs can provide a significant boost to the
growth of this sector and GDP. The sectors of the TCs will be on the basis of local needs of
MSMEs and scope of futuristic requirements industries in the region. Needs of artisan,
handicraft sector will also be taken into consideration. Elaborate discussions will be held with
the stakeholders including State Government, CSIR Labs, Institutions like IITs, IIMs,
Technical Experts, etc. to arrive at the decisions for technologies, facilities in the TCs.
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Indicative details are given below. Depending upon the site specific, proposed technology &
sector needs and other regulatory requirements the below mentioned facilities may change.
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iii) Apart from production block, all blocks will be high-rise buildings. Sufficient
space to be left open for future expansion.
iv) Sufficient capacity PV solar system (maybe 200 KW)
v) Facade, Internal roads, water storage, STP, water harvesting, land scapping,
underground parking, provision for differently-abled persons, as per relevant bye-
laws of the area.
vi) Design should reflect legacy and heritage of the State with technology
background.
vii) Office space for about 60 officials. However, half of them will be sitting in
production areas/shop floors.
viii) Two 500 KVA step down transformers, 2 DG Sets, UPS for IBMS, UPS for
important machinery (as per requirement of the TC)
ix) IBMS (Integrated Building Management System)
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(All activities are not sequential. Simultaneous activities may be taken up).
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Evaluate the demand & supply of technology needs, design & development
services, resources and technical skills required in the identified sectors for each
TC.
Analyze capacity building needs to identify the necessary technical, financial and
advisory support required.
Develop the strategic positioning and governance model/s of the TCs that caters
to the needs identified above.
Assess the potential for private players in promoting the MSME ecosystem and
the necessary support required for enhancing their competitiveness through TCs.
Prepare business models to enable the self-sustainability of TCs incorporating the
best practices.
Submit DPRs to the client for approval for 20 new TCs
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PMC will be responsible for end to end planning, design, construction supervision and final
handover of the complete civil Infrastructure. Design will be consistent with Applicable
Laws, statutory permissions, NBC, BIS, CPWD, AICTE and other regulatory codes. Master
planning, architectural design and detailed engineering to be done by PMC by engaging
reputed architectural firm / consultant. This will involve but not limited to the followings:
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i. The PMC shall prepare 2 or more distinct concept layouts considering effective
usage of area and space, natural elements as wind, sunlight including cost,
aesthetic values etc. The concept layouts/ presentations shall essentially consist of
3D Digital walkthrough for both exterior and interior of the complete facility with
landscaping scheme, furniture layout and machine layout.
j. PMC shall make presentation to the O/o DCMSME concept design and master
plan for approval.
k. Electrical design scope to include Solar Power/ Other Non Conventional Energy
Sources as far as possible
l. Layout and scheme for Extra Low voltage system includes fire detection system,
Public address system, Telephone, data, TV system, Access control system,
CCTV, Integrated building management system etc.
m. HVAC system shall comprise designing, detailing, value engineering and
specifying with schedule of quantities for all works pertaining to air-conditioning,
ventilation, smoke exhaust and fresh air supply system conforming to the
applicable standards, statutes, regulations and safety codes. and designed to
efficiently and effectively operate for maximum energy efficiency and low noise
level in all climatic conditions.
n. Design of Mechanical system & utilities shall comprising the following
Detail engineering design for Hot, cold & compressed air piping based upon
Process layout & Machinery inlet & outlet parameters.
Preparation of piping layout based upon layout of process plant & utilities
Design sufficient capacity compressor for the system based upon information
available from various machine input requirements.
Design sufficient capacity chilled water plant & cooling tower based upon
information available from various machines input requirements
Closely interact with the architect / clients and prepare preliminary schemes
for approval
Prepare procurement specification for various indigenous bought out items &
package equipment
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National Building Code of India (latest) and suitably incorporating leading practices
as per global standards
p. Detail Design & Engineering of ETP/STP, Rain water harvesting design
q. Interior work design
r. Landscaping design
s. Building Management System Design shall comprise of HVAC control system
design & detailing, Electrical distribution controls design & detailing, Water supply
control design & detailing, Lighting control design & detailing, Access control
design & detailing, Security, Surveillance and Safety design & detailing, Advanced
Communication system design & detailing
a. Using a dashboard, ensure day to day site supervision by deploying team of full
time resident site engineers at each works location
b. Tracking the agreed time schedule and reporting planned v/s actual work
completed on weekly basis
c. Ensure that the tests of construction works and materials like steel, concrete and
surface finish etc. as per standard construction industry practice or relevant IS
Codes, National Building Code and terms, conditions and specifications as per the
contract; random sample checks and certain samples to be sent to accredited
external testing labs. reviewing material test certificates submitted by the
contractor
d. Continuously check the quantities being executed and in case of any deviation due
to site condition, change or modification, analyse the cost impact and bring it to
the immediate notice of the client with recommended action plan
e. Ensure adequate mitigation measures are adopted for issues identified in the
Environment Management Framework
f. Give notice to the Contractors and take necessary action in case of any non-
compliance if observed
g. Monitor EHS and other applicable practices including construction waste disposal
observed by the contractors at construction site
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h. Ensure that relevant and applicable Labour Standards, pollution control board
regulations and any other are applied at construction sites
j. PMC need to deploy latest technological tool for dash board creation and remotely
monitoring of the progress by the DC-MSME. Access to the dashboard portal to
be provided to stakeholders with secure login ID and password
k. The PMC shall take corrective action if any activity which is slipping from critical
path (CPM or baseline)
l. The PMC shall conduct fortnightly reviews and recasting of schedules where
necessary to make up for lost time
m. The PMC shall submit a monthly report on the progress made to the O/o DC-
MSME brief the progress of the projects
a. Assessment: PMC must carry out assessment for possible sources for goods to be
procured and prepare comprehensive list against each requirement for wider
participation from various manufacturers and suppliers.
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d. Bid Invitation, Pre-bid Meeting and Bid Opening: Arranging bid publicity for
larger participation, conducting pre-bid meeting and preparation of minutes of the
pre-bid meeting, market outreach by sending mailers to relevant embassies and
prospective bidders. Amend the bid document, if necessary. Conduct bid opening
e. Bid scrutiny & evaluation and finalization of bid evaluation report: Undertake
technical and commercial bid examination and final evaluation as per bid
document. Finalize bid evaluation report for contract award and issue of Letter of
Acceptance. PMC will take the approval of O/o DC, MSME, if the contract price
deviate by more than 10% from the approved cost estimate.
PMC shall deploy dedicated team for the design and execution of the Project. Timelines for
completion of civil infrastructure, procurement of machines, furniture’s and other items to be
made available to the O/o DC-MSME. Senior members from the PMC project team to attend
regular meetings with O/O DC-MSME to apprise the progress of the project both financially
and physically. PMC is required to deploy latest monitoring tool for dashboard creation and
provide access to the tool for remote monitoring.
PMC will be responsible for the end to end contract management for both civil works and
procurement of machines and goods. Some of the contract management activities are listed
below.
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The final activity in this phase is integrating the Programme’s operational outcomes into the
core activities of O/o DC, MSME. For this purpose, the role of the PMC is defined as below:
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• 30% of the committed amount (contract signed value) on the Project will be
transferred to PMC on the issue of LOA
• O/o DC-MSME will transfer additional fund within 45 days from request of
additional fund from PMC.
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Consultancy Agreement
(To Be Used at the Time of Signing of Agreement With Selected Bidder)
This agreement is made at New Delhi on the ---- day of --------- 2019 between Development
Commissioner, Ministry of MSME, Government of India, New Delhi, (hereinafter called
“client” which expression shall, unless repugnant to the context or meaning thereof be
deemed to mean and include its successors, legal representatives and assigns) of the First
Part.
And
M/s. ____________________________, a Company incorporated under the Companies Act
1956 having Head Office at __________________________________________________ ,
(hereinafter called the “PMC” which expression unless repugnant to the context shall mean
and include its successors-in-interest assigns etc.) of the Second Part.
Whereas Development Commissioner, Ministry of MSME, Government of India, is desirous,
to provide name of the work as per the scope of consultancy services called the “The
Consultancy services” and has accepted a proposal submitted by the ____________________
PMC to provide the said consultancy services.
The following documents attached hereto shall be deemed to form an integral part of this
Contract:
(a) The General Conditions of Contract
(b) The Special Conditions of Contract;
(c) Appendices:
Appendix A: Description of Services
Annexure 1- Work Schedule and Planning for Deliverable
Appendix B: Financial bid submitted by the bidder.
Appendix C: All the correspondence till award of this contact i.e. amendments, pre bid query
replies and any other document necessary to make the part of consultancy agreement.
In consideration of the payment to be made by Development Commissioner, Ministry of
MSME, Government of India to the ____________________ as hereinafter mentioned, the
PMC hereby covenants with Development Commissioner, Ministry of MSME, to execute and
complete the Project Management Consultancy as per scope of consultancy within three years
from the date of commencement of consultancy agreement including defect liability period of
twelve months from the handing over of project to Development Commissioner, Ministry of
MSME. in conformity in all respects with the provisions of the contract.
Development Commissioner, Ministry of MSME, Government of India hereby covenants to
pay the PMC in consideration of the “The Consultancy services”, the total contract fee
………..the fees stated in the letter of award (LOA) subject to such additions thereto or
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deductions there from as may be made under the provisions of the consultancy at the times
and in the manner prescribed in this consultancy agreement.
The PMC shall ensure full compliance with tax laws of India with regard to this contract and
shall be solely responsible for the same.
IN WITHNESS OF WEREOF the parties hereto have caused their respective common seals
to be hereunto affixed / (or have hereunto set their respective hands and seals) the day and
year first above written.
For and on behalf of the PMC For and on behalf of the President of India
Witness______________________ Witness______________________
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1. Definitions 1.1. Unless the context otherwise requires, the following terms
whenever used in this Contract have the following meanings:
(a) “Applicable Law” means the laws and any other instruments
having the force of law in the Client’s country
(b) “Client” means the Office of Development Commissioner,
Ministry of Micro Small and Medium Enterprises that signs the
Contract for the Services with the Selected bidder.
(c) “PMC” means a bidders selected by the Client to provide the
Services under the signed Contract.
(d) “Contract” means the legally binding written agreement signed
between the Client and the PMC and which includes all the
attached documents listed in consultancy agreement, the
General Conditions (GCC), the Special Conditions (SCC), and
the Appendices.
(e) “Day” means a working day unless indicated otherwise.
(f) “Effective Date” means the date on which this Contract comes
into force and effect pursuant to Clause GCC 10.
(g) “Experts” means an individual professional whose skills,
qualifications, knowledge and experience are critical to the
performance of the Services under the Contract.
(h) “GCC” means these General Conditions of Contract.
(i) “Government” means the government of the Client’s country.
(j) “Key Expert(s)” means an individual professional whose skills,
qualifications, knowledge and experience are critical to the
performance of the Services under the Contract
(k) “Local Currency” means the currency of the Client’s country.
(l) “Party” means the Client or the PMC, as the case may be, and
“Parties” means both of them.
(m) “SCC” means the Special Conditions of Contract by which the
GCC may be amended or supplemented but not over-written.
(n) “Services” means the work to be performed by the PMC
pursuant to this Contract, as described in Appendix A hereto.
(o) “Sub-consultants” means an entity to whom/which the PMC
subcontracts any part of the Services while remaining solely
liable for the execution of the Contract.
(p) “Third Party” means any person or entity other than the
Government, the Client, the PMC or a Sub-consultant.
2. Relationship 2.1. Nothing contained herein shall be construed as establishing a
between the relationship of master and servant or of principal and agent as
Parties between the Client and the PMC. The PMC, subject to this Contract,
has complete charge of the Experts and Sub-consultants, if any,
performing the Services and shall be fully responsible for the
Services performed by them or on their behalf hereunder.
3. Law 3.1. This Contract, its meaning and interpretation, and the relation
Governing between the Parties shall be governed by the Applicable Law of
Contract Union of India.
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4. Language 4.1. This Contract has been executed in the language specified in
the SCC, which shall be the binding and controlling language for all
matters relating to the meaning or interpretation of this Contract.
5. Headings 5.1. The headings shall not limit, alter or affect the meaning of this
Contract.
6. Communicatio 6.1. Any communication required or permitted to be given or made
ns pursuant to this Contract shall be in writing in the language specified
in Clause GCC 4. Any such notice, request or consent shall be
deemed to have been given or made when delivered in person to an
authorized representative of the Party to whom the communication is
addressed, or when sent to such Party at the address specified in the
SCC.
6.2. A Party may change its address for notice hereunder by giving
the other Party any communication of such change to the address
specified in the SCC.
7. Location 7.1. The Services shall be performed at such locations as are
specified in Appendix A hereto and, where the location of a
particular task is not so specified, at such locations, whether in the
Government’s country or elsewhere, as the Client may approve.
8. Authorized 8.1 Any action required or permitted to be taken, and any document
Representative required or permitted to be executed under this Contract by the Client
s or the PMC may be taken or executed by the officials specified in the
SCC.
10. Effectiveness 10.1 This Contract shall come into force and effect on the
of Contract date (the “Effective Date”) of the Client’s notice to the PMC
instructing the PMC to begin carrying out the Services. This
notice shall confirm that the effectiveness conditions, if any,
listed in the SCC have been met.
11. Termination 11.1 If this Contract has not become effective within such time
of Contract for period after the date of Contract signature as specified in the SCC,
Failure to either Party may, by not less than twenty two (22) days written
Become notice to the other Party, declare this Contract to be null and void,
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Effective and in the event of such a declaration by either Party, neither Party
shall have any claim against the other Party with respect hereto.
12. Commenceme 12.1. The PMC shall begin carrying out the Services not later than
nt of Services the number of days after the Effective Date specified in the SCC.
13. Expiration of 13.1. Unless terminated earlier pursuant to Clause GCC 18 hereof,
Contract this Contract shall expire at the end of such time period after the
Effective Date as specified in the SCC.
14. Entire 14.1. This Contract contains all covenants, stipulations and
Agreement provisions agreed by the Parties. No agent or representative of either
Party has authority to make, and the Parties shall not be bound by or
be liable for, any statement, representation, promise or agreement
not set forth herein.
15. Modifications 15.1. Any modification or variation of the terms and conditions of
or Variations this Contract, including any modification or variation of the scope
of the Services, may only be made by written agreement between
the Parties. However, each Party shall give due consideration to any
proposals for modification or variation made by the other Party.
16.2. Force Majeure shall not include (i) any event which is caused
by the negligence or intentional action of a Party nor (ii) any event
which a diligent Party could reasonably have been expected to both
take into account at the time of the conclusion of this Contract, and
avoid or overcome in the carrying out of its obligations hereunder.
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17. Suspension 17.1. The Client may, by written notice of suspension to the PMC,
suspend all payments to the PMC hereunder if the PMC fails to
perform any of its obligations under this Contract, including the
carrying out of the Services, provided that such notice of suspension
(i) shall specify the nature of the failure, and (ii) shall request the
PMC to remedy such failure within a period not exceeding thirty
(30) calendar days after receipt by the PMC of such notice of
suspension.
18. Termination 18.1 This Contract may be terminated by either Party as per
provisions set up below:
a. By the Client 18.1.1. The Client may terminate this Contract in case of the
occurrence of any of the events specified in paragraphs (a)
through (f) of this Clause. In such an occurrence the Client
shall give at least thirty (30) calendar days’ written notice of
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19. General
a. Standard of 19.1 The PMC shall perform the Services and carry out the
Performance Services with all due diligence, efficiency and economy, in
accordance with generally accepted professional standards and
practices, and shall observe sound management practices, and employ
appropriate technology and safe and effective equipment, machinery,
materials and methods. The PMC shall always act, in respect of any
matter relating to this Contract or to the Services, as a faithful adviser
to the Client, and shall at all times support and safeguard the Client’s
legitimate interests in any dealings with the third parties.
19.2. The PMC shall deploy such qualified and experienced
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b. Law 19.4. The PMC shall perform the Services in accordance with the
Applicable to Contract and the Applicable Law and shall take all practicable steps
Services to ensure that it comply with the Applicable Law.
19.5. Throughout the execution of the Contract, the PMC shall
comply with the import of goods and services prohibitions in the
Client’s country when
(a) as a matter of law or official regulations, the Borrower’s
country prohibits commercial relations with that country;
or
19.6. The Client shall notify the PMC in writing of relevant local
customs, and the Consultant shall, after such notification, respect such
customs.
20. Conflict of 20.1. PMC shall hold the Client’s interests paramount, without any
Interests consideration for future work, and strictly avoid conflict with other
assignments or their own corporate interests.
a. PMC Not to 20.1.1 The payment of the Consultant pursuant to GCC
Benefit from (Clauses GCC 30 through 34) shall constitute the PMC’s only
Commissions, payment in connection with this Contract and PMC shall not
Discounts, etc. accept for its own benefit any trade commission, discount or
similar payment in connection with activities pursuant to this
Contract or in the discharge of its obligations hereunder
20.1.2 Furthermore, if the PMC, as part of the Services, has
the responsibility of advising the Client on the procurement of
goods, works or services, the PMC shall comply with such
responsibility in the best interest of the Client. Any discounts
obtained by the PMC in the exercise of such procurement
responsibility shall be for the account of the Client.
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26. Assistance and 26.1 Unless otherwise specified in the SCC, the Client shall use its
Exemptions best efforts to:
(a) Assist the PMC with obtaining work permits and such other
documents as shall be necessary to enable the PMC to perform
the Services.
(b) Provide to the PMC any such other assistance as may be
specified in the SCC.
27. Access to 27.1 The Client warrants that the PMC shall have, free of charge,
Project Site unimpeded access to the project site in respect of which access is
required for the performance of the Services.
28. Change in the 28.1 If, after the date of this Contract, there is any change in the
Applicable Law applicable law in the Client’s country with respect to taxes and duties
Related to which increases or decreases the cost incurred by the PMC in
Taxes and performing the Services, then the fee payable to the PMC under this
Duties Contract shall be increased or decreased accordingly by agreement
between the Parties hereto, and corresponding adjustments shall be
made to the Contract price.
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29. Payment 29.1 In consideration of the Services performed by the PMC under
Obligation this Contract, the Client shall make such payments to the Consultant
for the deliverables specified in the contract
30. Contract Price 30.1 The Contract price is percentage of the total cost set forth in
the SCC.
31. Taxes and 31.1 The PMC is responsible for meeting any and all tax liabilities
Duties arising out of the Contract unless it is stated otherwise in the SCC.
32. Currency of 32.1 Any payment under this Contract shall be made in the
Payment currency(ies) of the Contract.
33. Mode of Billing 33.1 Payment under this contract will be made as stated in the
and Payment SCC.
34. Interest on 34.1 If the Client had delayed payments beyond fifteen (30) days
Delayed after the due date interest shall be paid to the PMC on any amount
Payments due by, not paid on, such due date for each day of delay at the annual
rate of 8% per annum for each day of delay.
35. Good Faith 35.1 The Parties undertake to act in good faith with respect to
each other’s rights under this Contract and to adopt all reasonable
measures to ensure the realization of the objectives of this Contract.
G. Settlement of Disputes
36. Amicable 36.1 The Parties shall seek to resolve any dispute amicably by
Settlement mutual consultation.
36.2 If either Party objects to any action or inaction of the other
Party, the objecting Party may file a written Notice of Dispute to the
other Party providing in detail the basis of the dispute. The Party
receiving the Notice of Dispute will consider it and respond in
writing within fourteen (14) days after receipt. If that Party fails to
respond within fourteen (14) days, or the dispute cannot be amicably
settled within fourteen (14) days following the response of that Party,
Clause GCC 37.1 shall apply.
37. Dispute 37.1 Any dispute between the Parties arising under or related to
Resolution this Contract that cannot be settled amicably may be referred to by
either Party to the adjudication/arbitration in accordance with the
provisions specified in the SCC.
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Client :
Office of the Development Commissioner (MSME),Ministry of Micro,
Small and Medium Enterprises, Government of India,7th Floor, A-
Wing, Nirman Bhawan, Maulana Azad Road,
New Delhi-110108
Attention : Shri Sanjeev Chawla, Director
Tel: +91-11 23061178;
E-mail : schawla@dcmsme.gov.in
PMC:
………………………………..
…………………………………
10.1 The effectiveness condition of the contract is: the date of signing of
the contract.
PMC shall commence the services within 10 (ten) days from date of
signing of the contract
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21.1
“Limitation of the PMC’s Liability towards the Client:
(a) Except in the case of gross negligence or willful misconduct on the
part of the PMC in carrying out the Services, the PMC, with
respect to damage caused by the PMC 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 two times
the total value of the Contract;
(b) This limitation of liability shall not
(i) affect the PMC’s liability, if any, for damage to Third Parties
caused by the PMC;
(ii) be construed as providing the PMC with any limitation or
exclusion from liability which is prohibited by the “Applicable
Law”,
30.1 The Contract price is quoted as percentage of the total Project cost
31.1 Income Tax will be deducted at source as per the prevailing Income Tax
Rules.
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(a) Where the Parties agree that the dispute concerns a technical
matter, they may agree to appoint a sole arbitrator or, failing
agreement on the identity of such sole arbitrator within thirty
(30) days after receipt by the other Party of the proposal of a
name for such an appointment by the Party who initiated the
proceedings, either Party may apply to the President, The
Institution of Engineers (India), New Delhi chapter for a list
of not fewer than five (5) nominees and, on receipt of such
list, the Parties shall alternately strike names therefrom, and
the last remaining nominee on the list shall be the sole
arbitrator for the matter in dispute. If the last remaining
nominee has not been determined in this manner within sixty
(60) days of the date of the list, President, The Institution of
Engineers (India), New Delhi chapter shall appoint, upon
the request of either Party and from such list or otherwise, a
sole arbitrator for the matter in dispute.
(b) Where the Parties do not agree that the dispute concerns a
technical matter, the Client and the Consultant shall each
appoint one (1) arbitrator, and these two arbitrators shall
jointly appoint a third arbitrator, who shall chair the
arbitration panel. If the arbitrators named by the Parties do
not succeed in appointing a third arbitrator within thirty (30)
days after the latter of the two (2) arbitrators named by the
Parties has been appointed, the third arbitrator shall, at the
request of either Party, be appointed by The Secretary,
Indian Council of Arbitration, New Delhi
(c) If, in a dispute subject to paragraph (b) above, one Party fails
to appoint its arbitrator within thirty (30) days after the other
Party has appointed its arbitrator, the Party which has named
an arbitrator may apply to The Secretary, Indian Council of
Arbitration, New Delhi to appoint a sole arbitrator for the
matter in dispute, and the arbitrator appointed pursuant to
such application shall be the sole arbitrator for that dispute.
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Appendices
APPENDIX - A
DESCRIPTION OF SERVICES
[Give Note: This Appendix will include the final Terms of Reference worked out by the "Client" and the PMC
during technical negotiations, dates for completion of various tasks,, specific tasks/activities/outcome,
Schedules, Reporting format and frequency as approved by "Client", etc.]
Appendix B:
Financial bid submitted by the bidder.
Appendix C:
Any other document
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3. That the above-named bidder is eligible to submit the proposal as neither the bidder nor
any of its related entities have been de-barred/restrained/ blacklisted by any central
Government/state Govt. agency/ Autonomous body central Government/state Govt / public
sector undertaking etc. in last 5 years from last date of submission of bid, from providing
PMC services of similar works.
DEPONENT
VERIFICATION
*I/we ____________________ the above named deponent do hereby verify that the
contents of the aforesaid are true and correct to the best of *my/our knowledge and belief
and nothing is concealed therefrom.
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2. We do hereby undertake to pay the amounts due and payable (Indicate the name of
the Bank) ______________________________ under this Guarantee without any demur,
merely on a demand from the Development Commissioner, Ministry of MSME,
Government of India that the amount claimed is required to meet the recoveries due or likely
to be due from the said PMC. Any such demand made on the bank shall be conclusive as
regards the 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. ---------------
--- (Rupees -------------------------------------only).
3. We, the said bank, further undertake to pay to the Development Commissioner, Ministry
of MSME, Government of India, New Delhi any money so demanded not withstanding any
dispute or disputes raised by the PMC in any suit or proceeding pending before any Court or
Tribunal relating thereto, our liability under this present being absolute and unequivocal.
The payment so made by us under this bond shall be a valid discharge of our liability for
payment thereunder, and the contractor(s) shall have no claim against us for making such
payment.
4. We further agree that the Guarantee herein contained shall (indicate the name of the
Bank) _________________________________ remain in full force and effect during the
period that would be taken for the performance of the said consultancy agreement, and it
shall continue to be enforcement till all the dues of the Development Commissioner,
Ministry of MSME, Government of India, New Delhi under or by virtue of the said
consultancy agreement have been fully paid, and its claims satisfied or discharges, or till the,
Development Commissioner office, certifies that the terms and conditions of the said
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consultancy agreement have been fully and properly carried out by the said PMC and
accordingly discharges this guarantee.
6. This Guarantee will not be discharged due to the change in the constitution of the Bank or
the contractor(s).
7. We lastly undertakes not to revoke this Guarantee except with (indicate the name of the
Bank) ______________________________ the previous consent of the Development
Commissioner, Ministry of MSME, Government of India in writing.
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