Annexure II – Response to the Pre-Bid Queries
S. No. Section Clause
1 1, PAGE NO 83 TEAM LEADER
QUALIFICATION REQUIRED: M.E /M. TECH &
MBA WITH 15 YEARS OF EXPERIENCE IN
INFRASTRUCTURE DEVELOPMENT GOVERNMENT
PROJECTS. PREFERENCE WILL BE GIVEN TO
THOSE WHO HAS IWT SECTOR PROJECT
EXPERIENCE.
2 2. PAGE NO 84 DY. PROJECT MANAGER CUM PROCUREMENT &
CONTRACT MANAGEMENT SPECIALIST
QUALIFICATION
REQUIRED: MBA/PGDM/PGPM IN FINANCE
OR C.A /ICWAI WITH 10 YEARS OF EXPERIENCE
IN GOVERNMENT PROCUREMENT. MUST HAVE
WORKED IN AT LEAST TWO DONOR-FUNDED
PROJECTS. PREFERENCE WILL BE GIVEN FOR
IWT SECTOR EXPERIENCE.
3 3. PAGE NO 84 MONITORING AND EVALUATION EXPERT
QUALIFICATION REQUIRED : B.E. /B. TECH &
MBA WITH 5 YEARS OF EXPERIENCE IN
INFRASTRUCTURE DEVELOPMENT GOVERNMENT
PROJECTS. PREFERENCE WILL BE GIVEN TO
THOSE WHO HAS IWT SECTOR PROJECT
EXPERIENCE.
4 4, PAGE NO 85 TERMINAL EXPERT
QUALIFICATION REQUIRED : POSTGRADUATE IN
CIVIL ENGINEERING / ARCHITECTURE WITH 15
Query / Suggestions Response
REQUEST YOU TO AMEND THE CRITERIA Refer to RFP document
AS:
B.E /B. TECH & MBA / M TECH WITH 15
YEARS OF EXPERIENCE IN
INFRASTRUCTURE DEVELOPMENT
GOVERNMENT / PRIVATE PROJECTS.
PREFERENCE WILL BE GIVEN TO THOSE
WHO HAS IWT / TRANSPORT
INFRASTRUCTURE SECTOR PROJECT
EXPERIENCE.
REQUEST YOU TO AMEND THE CRITERIA Refer to RFP document
AS:
BE / GRADUATE IN LAW /
MBA/PGDM/PGPM IN FINANCE OR C.A
/ICWAI WITH 10 YEARS OF EXPERIENCE
IN GOVERNMENT / PRIVATE
PROCUREMENT. MUST HAVE WORKED IN
AT LEAST TWO DONOR- FUNDED
PROJECTS. PREFERENCE WILL BE GIVEN
FOR IWT SECTOR EXPERIENCE.
REQUEST YOU TO AMEND THE CRITERIA Refer to RFP document
AS :
B.E. /B. TECH WITH 5 YEARS OF
EXPERIENCE IN INFRASTRUCTURE
DEVELOPMENT GOVERNMENT / PRIVATE
INFRASTRUCTURE PROJECTS.
PREFERENCE WILL BE GIVEN TO THOSE
WHO HAS IWT / TRANSPORT
INFRASTRUCTURE SECTOR PROJECT
EXPERIENCE.
REQUEST YOU TO AMEND THE CRITERIA Refer to RFP document
AS :POSTGRADUATE IN CIVIL
ENGINEERING / ARCHITECTURE /
S. No. Section Clause
YEARS OF EXPERIENCE IN IWT/SEAPORT
TERMINAL INFRASTRUCTURE
5 5, PAGE NO 85 ACCOUNTS OFFICER
QUALIFICATION REQUIRED: BACHELOR OF
COMMERCE & CHARTERED
ACCOUNTANT/ICWAI WITH 10 YEARS OF
EXPERIENCE IN CENTRAL & STATE
GOVERNMENT PROJECTS INCLUDING WORLD
BANK FUNDED
6 6, PAGE NO 87 IT CUM MIS EXPERT CUM SOFTWARE
DEVELOPER QUALIFICATION REQUIRED: MCA/
MBA (IT) WITH 10 YEARS OF EXPERIENCE IN
DATA, DATABASE, AND MIS HANDLING AND
SOFTWARE DEVELOPMENT. TRANSPORT SECTOR
EXPERIENCE SHALL BE PREFERRED.
7 7. PAGE NO 45 MARKING PATTERN:
10 % MARKS FOR RELEVANT EXPERIENCE IN THE
REGION ( WORKING LEVEL FLUENCY IN LOCAL
LANGUAGE( S)/KNOWLEDGE OF LOCAL CULTURE
OR ADMINISTRATIVE SYSTEM, GOVERNMENT
ORGANIZATION, EXISTING ACTS AND RULES ETC.
8 7. PAGE NO 45 8. NON KEY PROFESSIONAL
9 CLAUSE 21.1 OF Part-B: Evaluation Criteria I) 1 assignment
DATASHEET (PAGE related to Inland Water Transport and logistics
37) sector PMC successfully executed in the last 5
years – 5 Marks
Query / Suggestions Response
PLANNING WITH 15 YEARS OF TOTAL
EXPERIENCE WITH 5 YEARS OF MINIMUM
EXPERIENCE IN IWT/SEAPORT TERMINAL
/ AIRPORT TERMINAL INFRASTRUCTURE
REQUEST YOU TO AMEND THE CRITERIA Refer to RFP document
AS:
BACHELOR OF COMMERCE & M COM /
MBA/ CHARTERED
ACCOUNTANT/ICWAI WITH 10 YEARS OF
EXPERIENCE IN CENTRAL & STATE
GOVERNMENT / PRIVATE SECTOR
PROJECTS INCLUDING WORLD BANK
FUNDED
REQUEST YOU TO AMEND THE CRITERIA Refer to RFP document
AS: B TECH (IT / COMPUTER) / MCA/
MBA (IT) WITH 10 YEARS OF
EXPERIENCE IN DATA, DATABASE, AND
MIS HANDLING AND SOFTWARE
DEVELOPMENT. TRANSPORT SECTOR
EXPERIENCE SHALL BE PREFERRED.
10 % MARKS FOR RELEVANT EXPERIENCE Refer to RFP document
IN THE SIMILAR REGION ( WORKING LEVEL
KNOWLEDGE IN LOCAL
LANGUAGE( S)/KNOWLEDGE OF LOCAL
CULTURE OR ADMINISTRATIVE SYSTEM,
GOVERNMENT ORGANIZATION, EXISTING
ACTS AND RULES ETC IS DESIRABLE
PLEASE CLARIFY WHETHER CVS FOR Yes. But evaluation will be done only for Key
NON KEY PROFESSIONAL REQUIRE TO BE Experts
SUBMITTED IN TECHNICAL PROPOSAL AT
THE TIME OF BIDDING OR NOT.
The scope of PMC will be similar in Refer to RFP document
nature to the Inland Water Transport
projects and Ports projects. As such,
please consider the “PMC projects in
Ports sector”, also as eligible under
S. No. Section Clause Query / Suggestions Response
evaluation criteria and modify the
relevant clauses accordingly.
10 DATA SHEET 21.1 Specific Experience of the Consultant (as a Firm) It is suggested to include PMC for Refer to RFP document
PART B (I) / 37 relevant to the Assignment Maritime sector so as to increase the
For Maximum marks- participation in the RFP as there are very
i) 1 assignment related to Inland Water limited PMC assignments executed in the
Transport and logistic sector PMC successfully past five years for IWT sector.
executed in the last 5 years Hence, we request that the clause may be
modified as under:
i) 1 assignment related to Inland Water
Transport or logistic sector, or maritime
sector PMC successfully executed in the
last 5 years
11 DATA SHEET 21.1 3) Relevant experience in the region (working It is suggested to rephrase the clause as Refer to RFP document
PART B (III)/ 38 level fluency in local language(s)/knowledge of below:
local culture or administrative system,
Government organization, existing Acts and 3) Relevant experience in the region
Rules etc.) (knowledge of administrative system,
Government Organization, existing Acts
and Rules etc.)
12 CLAUSE 17.2.1/19 -- A Proposal submitted by a Joint Venture shall be Is Bidder allowed to use any format for Refer to RFP document
-------------- signed by all members so as to be legally binding submission of requisite details, as no
SECTION-3 on all members, or by an authorized specific format is provided for Joint
TECHNICAL representative who has a written power of Venture and Power of Attorney
PROPOSAL attorney signed by each member’s authorized
STANDARD FORMS representative. ---------------------- No Specific
format is provided for Joint Venture and Power
of Attorney –
13 DATA SHEET Reimbursable cost (per diem allowance, Kindly provide the details of the This assignment location is mostly at project
16.1/33 including hotel, cost of travel) stations/locations which are envisaged to office. Site visits are minimum or along with
be visited during the tenure of the contract the officials of PMU
including the frequency of such travels to
enable Bidder to estimate the cost for the
same.
S. No. Section Clause Query / Suggestions Response
14 DATA SHEET 17.1 Date & Time Schedule Bid Submission/Upload It is requested to kindly extend the date of No change.
/35 End Date: 15/09/2022 submission by at least three (3) weeks
from the date of issuance of Clarifications
on the Pre-bid Queries.
15 FORM TECH-5 (FOR Work Schedule and Planning for Deliverables No specific deliverables mentioned in the It will be an ongoing assignment parallel to
FTP)/51 ToR of the RFP, moreover in PMU the requirement of PMU.
assignment, it is some time difficult to
envisage the deliverables upfront, at the
best Bidder can provide the indicative
deliverable based on the proposed Work
Plan. Please clarify?
16 TERMS OF Dy Project Manager Cum Procurement – For the deployment of staff for the project Refer to response of sl. No. 2
REFERENCE 6. MBA/PGDM/PGPM in Finance or C.A /ICWAI we would request for relaxation as
SKILLS REQUIRED/ with 10 years of experience in Government follows
81 Procurement. Must have worked in at least two
donor-funded Projects. Preference will be given MBA/PGDM/PGPM in Finance or C.A
for IWT sector experience.
/ICWAI with 10 years of experience in
Government Procurement. Must have
worked in at least two donor-funded
projects.
17 TERMS OF Monitoring and Evaluation Expert- B.E. /B. Monitoring and Evaluation Expert- B.E. Refer to response of sl. No. 3
REFERENCE 6. Tech & MBA with 5 Years of experience in /B. Tech & MBA with 5 Years of
SKILLS REQUIRED/ Infrastructure Development Government experience in Infrastructure Development
81 Projects. Preference will be given to those who Government Projects.
has IWT sector project experience.
18 SCC 46.1 (B) / 129 The Consultant shall submit to the client itemized It is suggested to modify the time intervals Refer to RFP document
statements at the time intervals of every Quarter of “every quarter” to “every month”
19 CLAUSE 13.1 OF The system will also send auto-email regarding We understand that it is open tender and Yes.
DATASHEET (P-32 hosting of query and response to all the any firm can submit the proposal without
shortlisted Consultants. The shortlisted shortlisting. Please confirm.
Consultants shall remain responsible to view
query and response thereto.
S. No. Section Clause Query / Suggestions Response
20 Item 5 of Tor (p- On its part, WBIWTLSDP /PMU shall provide It is requested to kindly clarify following Please refer to the facilities to be provided by
81) the Project Management Consultant with points: Whether Client will provide the client mentioned in the RFP.
workstation(s) at the head office at Kolkata and, office space in their premises free of cost
with sufficient and secure filing and storage for all experts required in the project PMU has its own office at Kolkata. Work
facilities for documentation. The PMC shall Whether client will provide computer (PC space and common infrastructure
otherwise be responsible for all their own / Laptop) for all staff, and other office (washroom, electricity, internet) will be
secretarial, clerical, IT, report production and furniture like printer etc free of cost. provided to the consultant on sharing basis.
communication expenses Whether client will provide all office The reimbursable expenses to be borne by the
facilities like electricity and internet consultant are already mentioned in the RFP.
facility etc free of cost
21 ITEM 6 OF TOR (P- M.E /M. Tech & MBA with 15 Years of Combination of M.E. / M. Tech. with Refer to response of sl. No. 1
81): experience in Infrastructure Development MBA is very difficult. It is requested to
QUALIFICATION Government Projects. Preference will be given to kindly review it and propose as below:
CRITERIA OF TEAM those who has IWT sector project experience. B.E. / B. Tech. & M.E. / M. Tech. or
LEADER MBA with 15 Years of experience in
Infrastructure Development Government
Projects. Preference will be given to those
who has IWT sector project experience.
22 ITEM 6 OF TOR (P- MBA/PGDM/PGPM in Finance or C.A /ICWAI Mostly, procurement documents are Refer to response of sl. No. 2
81): with 10 years of experience in Government prepared by the Engineers deputed in the
QUALIFICATION Procurement. Must have worked in at least two any department after getting training from
CRITERIA OF DY. donor-funded Projects. Preference will be given the W.B. Therefore it is requested to
PROJECT MANAGER for IWT sector experience. kindly include the engineers also who are
CUM PROCUREMENT
having relevant experience as proposed
& CONTRACT
MANAGEMENT below: B.E. / B. Tech. /
SPECIALIST MBA/PGDM/PGPM in Finance or C.A
/ICWAI with 10 years of experience in
Government Procurement. Must have
worked in at least two donor-funded
Projects. Preference will be given for
IWT sector experience.
23 ITEM 6 OF TOR B.E. /B. Tech & MBA with 5 Years of Similarly, it is requested to kindly Refer to response of sl. No. 3
(P-81): experience in Infrastructure Development modify it as given below: B.E. /B. Tech
& M.E. / M. Tech. or MBA with 5 Years
QUALIFICATION
S. No. Section Clause Query / Suggestions Response
CRITERIA OF Government Projects. Preference will be given to of experience in Infrastructure
MONITORING AND those who has IWT sector project experience. Development Government Projects.
EVALUATION Preference will be given to those who
EXPERT has IWT sector project experience
24 CLAUSE 29 OF SCC The Consultant is required to have a Code of Position of “Code of Conduct Expert” is Refer to RFP document
CODE OF CONDUCT Conduct for Experts (ES). not included in the list of staff to be
(P126) provided as given in the ToR. It is
requested to kindly confirm whether this
position is in addition to the staff list
given in ToR.
25 GENERAL It is requested to extend the bid Refer to response of sl. No. 14
submission date by at least 3 weeks with
effect from date of issue of clarifications
to enable bidders submit a comprehensive
proposal.
26 CLAUSE 21.1 PART Specific Experience of The Consultant (As A Major development in IWT sector started Refer to RFP document.
B (I) ; SECTION 2. Firm) Relevant to The Assignment in only in last 8-10 years in INDIA and
INSTRUCTIONS TO i) 1 assignment related to Inland Water Transport very few assignments where PMC
CONSULTANTS - and logistics sector PMC successfully executed appointed (only 3 projects in NW1),
DATA SHEET AT in the last 5 years therefore the given criteria will restrict
PAGE 37 competition. Hence, we request authority
to widen the specific experience criteria
by allowing PMC experience in Ports
sector in last 5 years.
i) 1 assignment related to Inland Water
Transport and logistics, Ports sector PMC
successfully executed in the last 5 years –
5 Marks
Please confirm.
27 CLAUSE 3 OF D. Review of project preparatory studies Plan, Usually vetting of design and drawings Refer to corrigendum II
SECTION 7. TERMS Design etc.: are not done by Project Management
OF REFERENCE AT The Project Management Consultant will also Consultants. Design vetting will be done
PAGE 79 perform design vetting of individual project by Engineering institutions like IIT/NIT
under this project. etc.
S. No. Section Clause Query / Suggestions Response
PMC will only be only responsible for
design review. Please confirm.
28 CLAUSE 6 OF Skills Required: For all key personnel We request authority to reconsider the Refer to RFP document
SECTION 7 (TERMS Preference will be given to those who has IWT preferential experience and allow similar
OF REFERENCE) AT sector project experience. experience in Port sector projects for all
PDF PAGE 83 key personnel positions.
Hence please modify the requirement as:
Preference will be given to those who has
IWT and Ports sector project experience.
Please confirm.
29 CLAUSE 6 OF Urban Planner: We understand this position would Refer to RFP document
SECTION 7 (TERMS Qualification: Master of Planning (Urban primarily be responsible for detailing the
OF REFERENCE) AT Planning, Town Planning Country Planning) area planning around terminal and hence
PDF PAGE 84 with 10 Years of experience in spatial or master we request Authority to consider City
plans at city levels. planning/Housing planning/Infrastructure
planning like domain equivalent
qualifications for this position and expert
must have valid registration with Institute
of Town Planners. These qualifications
are widely accepted by Institute of Town
Planners and Govt clients for URBAN
PLANNER position.
Hence please modify the requirement as:
Master of Planning (Urban Planning,
Town Planning, Country Planning,
Regional Planning, Housing planning,
City planning, Infrastructure Planning)
with 10 Years of experience in spatial or
master plans at city levels and have valid
registration with Institute of Town
Planners.
Please confirm.
30 CLAUSE 6 OF Terminal Expert: We understand that Terminal Expert Refer to RFP document
SECTION 7 (TERMS would primarily be responsible for
S. No. Section Clause Query / Suggestions Response
OF REFERENCE) AT Qualification: Postgraduate in Civil Engineering terminal layout planning and design and
PDF PAGE 85 / Architecture with 15 years of experience in execution (preferably passenger ferry
IWT/seaport terminal infrastructure terminals and services, with experience in
mixed-use/ cargo terminals to incorporate
future development of cargo operations)
hence we request authority to consider
Postgraduate in Marine Structural
Engineering/Ports, Dock and Harbour
engineering as minimum qualification in
addition to given in RFP.
Hence please modify the requirement as:
Postgraduate in Civil Engineering
/Marine Structural Engineering/Port,
Dock and Harbour Engineering/
Architecture with 15 years of experience
in IWT/seaport terminal infrastructure
Please confirm.
31 CLAUSE 21.1 OF The Consultant shall hold the Client’s interest’s Since PMC has to review project Conflict of interest will be checked by the
SECTION 8. paramount, without any consideration for future preparatory documents, plans and design evaluation committee based on available
CONDITIONS OF work, and strictly avoid conflict with other prepared by ISDP and ISBP consultant documents during procurement process.
CONTRACT AND assignments or their own corporate interests. and provide PMC services for selected
CONTRACT FORMS jetties/terminals/RORO and logistics
AT PAGE-110 projects evolved from those studies, we
understand that consultant engaged in
ISDP and ISBP has clear conflict of
interest for this PMC assignment.
Please confirm.
32 PAYMENTS TO THE CONSULTANT Since it is a time-based assignment, we Refer to RFP document
understand that authority will release
payment on monthly basis based on
Appendix C at Page-134 and invoice
raised by consultant. Please confirm.
33 SCC, CL. 23.1 OF “Limitation of the Consultant’s Liability towards Consultant requests revision to the Refer to corrigendum II
SECTION 8. the Client: wording of the cap as set out in clause
S. No. Section Clause
CONDITIONS OF (a) Except in the case of gross negligence or
CONTRACT AND willful misconduct on the part of the Consultant
CONTRACT FORMS or on the part of any person or a firm acting on
AT PAGE NO. 125 behalf of the Consultant in carrying out the
Services, the Consultant, with respect to damage
caused by the Consultant 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
[insert a multiplier, e.g.: one, two, three] times
the total value of the Contract.
Query / Suggestions Response
SC23.1(a), since the liability cap
presently only relates to any damage to
the client’s property, and it should not be
restricted to the damage to the client’s
property only. A liability cap should
apply to all damages suffered by the
client. Please find our suggested revised
wording below with the amendment in
italics. This ensures all damages including
client’s property damage are covered:
“(a) Except in the case of gross negligence
or willful misconduct on the part of the
Consultant or on the part of any person or
a firm acting on behalf of the Consultant
in carrying out the Services, the
Consultant, with respect to damage
caused by the Consultant to the Client
(including but not limited to the Client’s
property), shall not be liable to the
Client:”
(ii) Please confirm the cap on consultant’s
liability, as in, please state the applicable
multiplier as per the standard industry
practice in consultancy assignments of the
Govt and IFIs as well.
It is further requested to amend clause
SC23.1(b) as follows:
“(i) affect the Consultant’s liability, if
any, for damage to Third Parties caused
by the Consultant or any person or firm
acting on behalf of the Consultant in
carrying out the Services up to and not
exceeding two times the total value of the
Contract.”
S. No. Section Clause Query / Suggestions Response
34 CLAUSE 17.1 Date and Time Schedule: We request you to kindly provide atleast Please refer to response of sl. No. 14
SECTION 2. Bid submission/Upload End date – 15/09/2022 14 working days’ time from the date of
INSTRUCTIONS TO issue of clarifications raised during the
CONSULTANTS - pre-bid meeting / minutes from pre-bid
DATA SHEET AT meeting. This will allow the bidders to
PAGE 35 submit a fully responsive and quality
proposal.
35 SECTION 2. The firm should have an annual average turnover We believe that the Authority is seeking Refer to RFP document
INSTRUCTIONS TO of INR 200 million or above from consultancy assistance from a firm with relevant
CONSULTANTS - services in the last three financial years i.e. 2018- experience and repute, however, to keep
DATA SHEET 19, 2019-20, 2020-21 (Statutory Audit report to the competition amongst the bidders fair,
CLAUSE 21.1 (FOR be attached). we request the Authority to revise the
FTP) PART A (B), financial capacity of the firm by
PAGE 36 increasing average annual turnover from
INR 20 Crore to INR 200 Cr.

This would help the Authority in

receiving proposals from reputed firms.
36 SECTION 2. Specific Experience of The Consultant (As A Request the Authority to revise and Please refer to response of sl. No. 26
INSTRUCTIONS TO Firm) Relevant to The Assignment i) 1 modify the sector and supporting
CONSULTANTS - assignment related to Inland Water Transport and document requirement as there are
DATA SHEET logistics sector PMC successfully executed in the limited inland water transport related
CLAUSE 21.1 (FOR last 5 years - 5 marks ii) 1 assignment in Urban assignments in India The revised clause
FTP) PART B (I), Infrastructure sector PMC successfully executed may be read as the following
PAGE 37 in the last 5 years – 5 marks (Supporting
documents like completion or client
“Specific Experience of The Consultant
certificate/final payment certificate need to be
(As A Firm) Relevant to The Assignment
submitted as proof. 80% of the invoice raised will
i) 1 assignment related to Inland Water
be considered as substantial completion of the
Transport, Maritime, other Transport or
project.
logistics sector PMC successfully
executed in the last 5 10 years - 5 marks
ii) 1 assignment in Urban Infrastructure
sector PMC successfully executed in the
S. No. Section Clause Query / Suggestions Response
last 5 10 years – 5 marks (Supporting
documents like completion or client
certificate/final payment certificate/ work
order/LOA/ Agreement for ongoing
assignments need to be submitted as
proof.
37 SECTION 3. 1. List only previous similar assignments Request the Authority to include ongoing Refer to RFP document
TECHNICAL successfully completed in the last [5] years. assignments as well considering that the
PROPOSAL – same may continue beyond 05 years and
STANDARD FORMS, therefore increase the term from 5 years to
FORM TECH-2 (FOR 10 years.
FULL TECHNICAL
PROPOSAL ONLY), The revised clause may read as: “1. List
CONSULTANT’S only previous similar assignments
ORGANIZATION AND successfully completed/ ongoing for the
EXPERIENCE, B - last [5] 10 years.
CONSULTANT’S
EXPERIENCE, PAGE
4
38 SECTION 7. TERMS Review ISDP, ISBP, IWT Safety Studies, CMP, We understand the said task involves the Please refer to the response of sl. No. 31
OF REFERENCE, SDS, LMP and other studies/plan under the PMC to carry out cognizance of the
TASKS D, PAGES 79 project. The Project Management Consultant will studies carried out under the umbrella
also perform design vetting of individual project project of WBIWTLSDP for preparing la
under this project. larger implementation plan and therefore
there is no conflict with other studies
being carried out. Kindly suggest if our
understanding is correct.

39 SECTION 7. TERMS The Project Management Consultant will also The same has to be performed by Please refer to corrigendum II
OF REFERENCE, perform design vetting of individual project technically capable entities appointed
TASKS D, PAGES 79 under this project. specifically for assessing design elements
of any construction related project or may
be carried out by internally appointed
Independent Engineer. Design vetting
S. No. Section Clause Query / Suggestions Response
would require a specific skill set for a
design related proof checking, design
related safety checks and others.
Therefore, we request the Authority to
exclude the said point from the Task list
of PMC.

Therefore, the said task to be read as

“Review of project preparatory studies
Plan, Design etc.: The Project
Management Consultant will, on behalf of
and under the guidance of the employer,
provide support to the WBIWTLSDP
/PMU with respect to review of strategic,
feasibility and safeguards studies for
preparation of the project and its proposed
investments. Advise the WBIWTLSDP
/PMU on their adequacy as per their
TORs and applicable national and World
Bank standards and provide suggestions
for improvement. Relevant standards for
safeguards studies include national laws
and regulations for environmental and
social impact assessment and
management, as well as the World Bank
safeguard policies and Environmental,
Health and Safety (EHS) guidelines. The
Project Management Consultant will
review processes, procedures, and the
institutional capacity of the
AIWTDS/PMU to manage environmental
and social risks and impacts to ensure
compliance with its Environmental,
Social, Health and Safety (ESHS)
S. No. Section Clause
40 SECTION 7. TERMS Manage, monitor, and supervise project
OF REFERENCE, progress: PMC shall assist WBIWTLSDP /PMU
TASKS G, PAGES 80 in managing, monitoring, supervising, and
expediting the progress of the individual
components under the project implementation
plan, resolve issues and initiate corrective action
when needed. The PMC shall collect data
through interviews and surveys, prepare a project
mid-term report and a completion report (if
applicable) to highlight results achieved,
summary of implementation process and
compliance, beneficiary feedback, lessons learnt
and recommendations. PMC would provide such
support, where day-to-day monitoring and
supervisory services (including review and audit
of detailed engineering designs) will be needed
during actual construction/work sites. The PMC
shall prepare an information dashboard / brief
monthly progress reports to periodically appraise
the employer of project status (on procurement,
construction, preparation of Monthly Progress
Report, preparation of Quarterly Progress report,
environmental and social safeguards
management, all other necessary reports required
by the Department and the World Bank, etc.)
together with any existing/perceived issues that
need to be resolved for successful and timely
implementation of project. In addition, it will
manage the project budget on behalf of
WBIWTLSDP /PMU, monitor the expenditures
and costs against deliverables and assess tangible
Query / Suggestions Response
obligations. Review ISDP, ISBP, IWT
Safety Studies, CMP, SDS, LMP and
other studies/plans under the project.
Activities of the PMC is to assist the Refer to RFP document
existing PMU and not carry out
supervisory or design engineering related
reviews. Therefore, the revised clause
may be read as “Manage, and monitor,
and supervise project progress: PMC shall
assist WBIWTLSDP /PMU in managing,
monitoring, supervising, and expediting
the progress of the individual components
under the project implementation plan,
assist in resolve issues and initiate
recommend corrective action when
needed other than anything related to
construction and construction related
inputs. The PMC shall collect data
through interviews and surveys (only if
required), prepare a project mid-term
report and a completion report (if
applicable) to highlight results achieved,
summary of implementation process and
compliance, beneficiary feedback,
lessons learnt and recommendations
based on inputs and suggestions from the
project executing team. PMC would
provide such support, where day-to-day
monitoring and supervisory services
(including review and audit of detailed
engineering designs) will be needed
during actual construction/work sites.”
The PMC shall prepare an information
dashboard / brief monthly progress
S. No. Section Clause
benefits. It shall also support WBIWTLSDP
/PMU in preparation of the disbursement
applications to the World Bank and in furnishing
the supporting documentation.
41 SECTION 7. TERMS Person month: 38 Role: The expert will co-
OF REFERENCE, ordinate with stakeholders and contractors, risk
CLAUSE 6 SKILLS anticipation, troubleshooting and problem
REQUIRED, POINT solving; project planning, procurement,
NO. 1 – TEAM monitoring and management techniques; and
LEADER, PAGE 81 budgeting, resource allocation and control. Team
Leader should have knowledge of inland water
transport sector and services and relevant
policies. Infrastructure costing and pricing
techniques and analytics and report writing,
interpersonal and communication skills, both
Query / Suggestions Response
reports to periodically appraise the
employer of project status (on
procurement, construction (as informed
by the construction execution team),
preparation of Monthly Progress Report,
preparation of Quarterly Progress report,
environmental and social safeguards
compliance assistance management, all
other necessary reports required by the
Department and the World Bank, etc.)
together with any existing/perceived
issues that need to be resolved for
successful and timely implementation of
project. In addition, it will manage the
project budget on behalf of
WBIWTLSDP /PMU, monitor the
expenditures and costs against
deliverables and assess tangible benefits
as guided by WBIWTLSDP /PMU. It
shall also support WBIWTLSDP /PMU in
preparation of the disbursement
applications to the World Bank and in
furnishing the supporting documentation.
Expected Person- months: A team leader Refer to RFP document
with 15 years of experience could perform
multitude of activities apart from being
deployed at a project, for an engagement
that requires a focussed and full-time
deployment of an individual as a Team
Leader we believe personnel with 10
years of relevant professional experience
could be eligible. However, his/her team
could be guided by a pool of experts with
a minimum experience of 15 years.
S. No. Section Clause
with stakeholders and contractors, to ensure
integrated implementation of the project. To be
available fulltime for project operation and
management. Team Leader will report to State
Project Director.
Query / Suggestions Response
Therefore, we would request the
Authority to either reduce the person
months to 20 from the existing 38 or
reduce the years of experience from 15 to
10

Role: The expert will co-ordinate with

stakeholders and contractors, risk
anticipation, troubleshooting and problem
solving; project planning, procurement,
monitoring and management techniques;
and budgeting, resource allocation and
control. Team Leader should have
knowledge of inland water transport
sector and services and relevant policies.
Infrastructure costing and pricing
techniques and analytics and report
writing, interpersonal and communication
skills, both with stakeholders and
contractors, to ensure integrated
implementation of the project. To be
available fulltime for project operation
and management. Team Leader will
report to State Project Director.
42 SECTION 7. TERMS Person month – 34 Qualification - We understand through the pre-bid Refer to response of sl. No. 2
OF REFERENCE, MBA/PGDM/PGPM in Finance or C.A /ICWAI discussion that the existing PMC would
CLAUSE 6 SKILLS with 10 years of experience in Government continue assisting WBIWTLSDP/PMU
REQUIRED, POINT Procurement. Must have worked in at least two for few months but since the handholding
NO. 2 – DY. PROJECT donor-funded Projects. Preference will be given for the new team would be required, we
MANAGER CUM for IWT sector experience. Role: The specialist would request the Authority to revise the
PROCUREMENT & will look after the procurement of various works, said clause as per the recommendation
CONTRACT goods and services, review of various bidding below: Person month – 38 Qualification -
MANAGEMENT documents (Item Rate, PPP, EPC etc.) submitted MBA/PGDM/PGPM in Finance or C.A
by various consultants and will provide /ICWAI in any field (preferably
S. No. Section Clause Query / Suggestions Response
SPECIALIST, PAGE assistance in contract management of various construction/ infrastructure management)
82 ongoing projects. Training in “2016 procurement with 10 08 years of experience in
policy framework for the World Bank aided Government Procurement. Must have
projects” is preferable.4 In absence of the Team worked in at least two donor-funded
Leader, Dy. Team Leader will work as Projects. Preference will be given for
representative of Team. IWT/ Maritime/ Logistics sector
experience. Role: The specialist will look
after the procurement of various works,
goods and services, review of various
bidding documents (Item Rate, PPP, EPC
etc.) submitted by various consultants and
will provide assistance in contract
management of various ongoing projects.
Training in “2016 procurement policy
framework for the World Bank aided
projects” is preferable.4 In absence of the
Team Leader, Dy. Team Leader will work
as representative of Team and will report
to State Project Director.
43 SECTION 7. TERMS Qualification: Master of Planning (Transport We would request the authority to revise Refer to RFP document
OF REFERENCE, Planning) with 7 Years of experience in the qualifications as per the
CLAUSE 6 SKILLS Transport Planning and Engineering. recommendation below: Master of
REQUIRED, POINT Planning (Transport Planning) with 7 05
NO. 5 – TRANSPORT Years of experience in Transport
PLANNER, PAGE 83 Planning and Engineering/ Infrastructure
related Government projects.
44 SECTION 7. TERMS 7 – Naval Architect page 83 Request the Authority to remove the two Refer to RFP document
OF REFERENCE, said positions as design and construction
CLAUSE 6 SKILLS related inputs, suggestions and
REQUIRED, POINT supervision would be the task of a third
NO. 6 – TERMINAL party appointed by the PMU other than
EXPERT PAGE 83 being included within the scope of PMC.
An entity appointed specifically for
design vetting would carry out
S. No. Section Clause Query / Suggestions Response
construction related supervision
activities.
45 SECTION 7. TERMS Person month - 6 As per the Clause 7. Tentative Refer to corrigendum II
OF REFERENCE, Deployment Schedule of Section 7.
CLAUSE 6 SKILLS Terms of Reference on page 87 the
REQUIRED, POINT estimated person months is mentioned as
NO. 9 – 38 while in Clause 6 Skills Required,
COMMUNICATION Point no. 9 – Communication Executive,
EXECUTIVE, PAGE page 84 the person months mentioned is
84 06. Request the Authority to please
confirm the actual person month required.
46 SECTION 7. TERMS Capacity Building Expert, page 84 Clause 6 of the TOR refers to the Capacity Refer to RFP document
OF REFERENCE, Building Expert but Clause 7 of the TOR
CLAUSE 6 SKILLS doest not refer to the Capacity Building
REQUIRED, POINT Expert. Request the Authority to kindly
NO. 10 clarify if the said expert is to be included
in the list of non-key experts.
47 SECTION 7. TERMS Support Staff, page 85 Request the Authority to kindly advise on Refer to RFP document
OF REFERENCE, the years of experience requirement for
CLAUSE 6 SKILLS the said expert as the same is not included
REQUIRED, POINT in Clause 6-point 13
NO. 12
48 Time extension Considering that the pre-bid responses are Please refer to response of sl.no. 14
yet to be uploaded, we would request the
Authority to consider an additional three
weeks from the date of uploading the
responses to queries for submission of the
best suited proposal.
49 Confidentiality (Additional Clause) Kindly request Authority to add the Refer to RFP document
following: Except as otherwise permitted
by this Agreement, neither of the parties
may disclose to third parties the contents
of this Agreement or any information
provided by or on behalf of the other that
S. No. Section Clause Query / Suggestions Response
ought reasonably to be treated as
confidential and/or proprietary. Parties
may, however, disclose such confidential
information to the extent that it: (a) is or
becomes public other than through a
breach of this Agreement, (b) is
subsequently received by the receiving
party from a third party who, to the
receiving party’s knowledge, owes no
obligation of confidentiality to the
disclosing party with respect to that
information, (c) was known to the
receiving party at the time of disclosure or
is thereafter created independently, (d) is
disclosed as necessary to enforce the
receiving party’s rights under this
Agreement, or (e) must be disclosed
under applicable law, legal process or
professional regulations. These
obligations shall be valid for a period of 3
years from the date of termination of this
Agreement.
50 Intellectual Property Rights (IPR) (New Clause) Kindly request Authority to consider the Refer to RFP document
following and accordingly add a suitable
section for the same: EY may use data,
software, designs, utilities, tools, models,
systems and other methodologies and
know-how (“Materials”) that EY own in
performing the Services. Notwithstanding
the delivery of any Reports, EY retain all
intellectual property rights in the
Materials (including any improvements or
knowledge developed while performing
the Services), and in any working papers
S. No. Section Clause Query / Suggestions Response
that EY compile and retain in connection
with the Services (but not Client
Information reflected in them). Upon
payment for the Services, Client may use
any Materials included in the Reports, as
well as the Reports themselves as
permitted by this Agreement.
51 Termination (Additional Clause) Kindly request Authority to add the Refer to RFP document
following:
EY may terminate this Agreement, or any
particular Services, immediately upon
written notice to Client if EY reasonably
determine that EY can no longer provide
the Services in accordance with
applicable law or professional
obligations.
52 GENERAL QUERY NA Owner to clarify and provide Refer to RFP for scope of work of the PMC.
details about the initial point (we Selected consultant will get all relevant
understand Farakka Feeder Canal) and information for their execution of work.
Tidal bore data of Hooghly River for
detailed understanding for A&M report.
53 SUBCOMPONENT Pilot of a mobile Please clarify if the development of Refer to scope of work.
A.2 app which can be triggered to raise alarm for any emergency SOS app is in consultants’
incident either in the ferry terminal or the vessel. scope of work.
54 GENERAL - SAFETY We observed safety aspects of project incl. Considering this we request to permit Please refer to the RFP. The mentioned
MANAGEMENT a) Safety during first year (Ref Subcomponent inclusion of suitable Safety & Health experts and man-months is for evaluation
A2) b) Study of relevant safeguard and EHS Expert on project.4 purpose. The positions and man-months may
guidelines, etc. vary as per the requirement of the project
based on the mutual negotiation. The firm
should also provide their back-office support
from their head office on day-to-day basis.
55 ITC SEC 12.C The Consultant shall not subcontract the whole To be contractually clear, which define a The contract will be signed between the
of the Services. stipulated limit of subcontracting in case WBTIDCL and selected consultancy firm.
need arouse during execution.
S. No. Section Clause Query / Suggestions Response
The selected firm will be entirely liable for
the execution of the contract.
56 GENERAL – NA Please define payment methodology in The payment will be made to the account
PAYMENT TERMS case of JV. Clarity on payment details to be mentioned by the selected
disbursement either to individual JV consultant in the signed contract agreement.
partner or directly to the lead shall be
defined.
57 SCC 43.3 - PRICE Remuneration paid in foreign currency on the Please clarify which formula to be Please refer to the draft contract enclosed
ADJUSTMENT basis of the rates set considered for price variation with effect with the RFP.
forth in Appendix C shall be adjusted every 12 from 13th month.
months (and, the
first time, with effect for the remuneration earned
in the 13th
calendar month after the date of the Contract
Effectiveness date)
by applying the following formula:
58 GCC CL 17.1 – For the purposes of this Contract, “Force Please clarify if Force Majeure event Refer to RFP document
FORCE MAJEURE Majeure” means an event which is beyond the includes spread of Epidemic/Pandemic
reasonable control of a Party, is not foreseeable, (COVID19 or similar virus). If not
is unavoidable, and makes a Party’s performance included, we request to include the same.
of its obligations hereunder impossible or so
impractical as reasonably to be considered
impossible under the circumstances, and subject
to those requirements, includes, but is not limited
to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather
conditions, strikes, lockouts or other industrial
action confiscation or any other action by
Government agencies.
59 GCC 46.1 – Within the number of days after the Effective Please quantify advance payable to Refer to RFP document
ADVANCE Date, the Client shall pay to the Consultant an consultant on commencement of services.
PAYMENT advance payment as specified in the SCC. We request 10% of contract value as
normally followed in project affiliated by
World Bank.
S. No. Section Clause Query / Suggestions Response
60 GENERAL – NA We understand that environmental and Please refer to the RFP. The mentioned
ENVIRONMENT & social safeguards falls under PMC’s experts and man-months is for evaluation
SOCIAL scope of work and thus would require purpose. The positions and man-months may
SAFEGUARDS following expert for the assignment. vary as per the requirement of the project
1. Environmental Safeguard Expert – 12 based on the mutual negotiation. The firm
person months should also provide their back-office support
2. Social Safeguard Expert – 8 person from their head office on day-to-day basis.
months
61 21.1; EVALUATION For maximum marks – i) 1 assignment related to We would request the client not to restrict Refer to the response of sl. no. 26
CRITERIA Inland Water Transport and logistics sector PMC experience to PMC of Inland Water
successfully executed in the last 5 years - 5 marks Transport and logistics sector as in the
entire country, there have been very
limited assignments relating to Inland
Water Transport and logistics sector PMC
till now. This will restrict the firms to
participate in the tendering process.

We request you to modify the criteria to

“Experience in Inland Water Transport
and logistics sector”.

We also request client to add Maritime

experience along with experience in
Inland Water Transport and logistics
sector.
62 General Questions We request you to give 15 days of time to Refer to the response of sl. no. 16
submit the Technical and Financial
Proposal after releasing pre-bid queries
response.
63 CLAUSE 14.1.1 OF Information about Shortlisted Consultants Comment: Shortlisted Consultants may This is a single stage open tender
DATA SHEET associate with (a) non-shortlisted
consultant(s): No Or (b) other shortlisted
Consultants: No Clarification and
Recommendation: The RFP is not clear
S. No. Section Clause Query / Suggestions Response
about the type of tender. Is the tender
an open tender or limited tender? Also,
request you to provide the names of the
shortlisted Consultants.
Recommendation: Clarity regarding
participation to be provided
64 CLAUSE 21.1 (PART Turnover Criteria for Financial Eligibility Comment: The firm should have an Refer to response of sl.no. 35
A) OF DATA SHEET annual average turnover of INR 200
Million or above from consultancy
services in the last three financial years
i.e. 201819, 2019-20, 2020-21 (Statutory
Audit report to be attached). Clarification
and Recommendation: In view of the
past COVID scenarios which have
massively affected the economic growth
of the Private sector enterprises leading to
a stagnant financial grown in recent years.
A lesser turnover can lead to more
participation. Recommendation:
Request you to consider an annual
average turnover of INR 150 Million in
the last three financial years.
65 CLAUSE 6 OF THE Proving CVs of the Key and Non-key experts Comment: The proposed Project Refer to response of sl.no. 8
TOR Management Consultant team should
consist of the following personnel as
outlines in the table below. This is to
clarify that only key professionals will be
considered for technical proposal
evaluation, however CVs of all the
proposed professionals/experts should be
provided along with technical proposal.
As per the RFP the Client has to provide
a total of 15 personnel (9 key Experts & 6
Non key experts). Clarification and
S. No. Section Clause Query / Suggestions Response
Recommendation: Procuring such huge
manpower and preparing their CVs as per
FORM TECH -6 specified formats shall
require much time. Therefore, it is
requested to kindly accept the CVs of Key
Experts only at the time of bid submission
and the CVs of the non-key experts can be
deposited by the consultant at the time of
award of work. Recommendation:
Kindly consider.
66 PARA. 6 OF THE Qualification and skill required for Team Leader Comment: M.E /M. Tech & MBA with Refer to response of sl.no. 1
TOR 15 Years of experience in Infrastructure
Development Government Projects.
M.E /M. Tech, i.e Post graduation
qualification is done after a specific
Graduation Degree, i.e. B.E (Civil,
Mechanical or Marine Engineering)
followed by M.E/M.Tech. This
assignment is of development of
infrastructure along Hooghly River Bank
involving Jetties & Terminal Buildings as
well Restoration of existing including
River Training. Requiring a thorough
professional background as Civil
Engineer with experience in Marine
Engineering Works. Clarification and
Recommendation: Prior to
M.E/M.Tech, a graduation degree in Civil
Engineering will need to be specifically
mentioned as basic qualification?
Followed by preference to
M.E/M.tech/MBA as already referred as
exposure. The RFP is not clear about
S. No. Section Clause Query / Suggestions Response
the age requirement of the Key Experts.
Recommendation: Kindly consider
67 PARA 6, SEC’ 2 & 3 Qualifications / Skills Comments MBA / PGDM / PG / PM Refer to response of sl.no. 2 & 3
are again done after the basic Graduation
Degree The assignment is also to assist
TL or officiate in his absence The
Basic Graduation Degree will need to be
specified i.e. Civil or Marine Engineering
Training / Course and requisite
experience in Contract Management
Clarifications / Recommendations As
in the case of TL, the basic Graduation
qualification may please be specified
Suggest, it can again be Civil or Marine
Engineering With reference to the role
specified in the ToR for The M&E
specialist; the expert has Monitoring and
Co-coordinating roles which is not
relevant to the Qualification required
specified as per RFP. Recommendations
Between TL & Dy. PM, one can be
Civil Engineering Graduate and the other
one with Marine Engineering It will be
a better balanced combination to meet the
site / assignment requirements It is
requested to modify the qualification
criteria for Monitoring and Evaluation
Expert as - B.E /B. Tech & MCA/MSW
with 5 Years of experience in
Infrastructure Development Government
Projects.
68 PARA’ 6, SERIAL Man-Months of Naval Architect as 3 Months Comments The assignment duration is Refer to RFP
NO. 7 of 38 months Its main components are
- Spatial Development, Logistics and
S. No. Section Clause Query / Suggestions Response
Terminal Infrastructure - Naval Architect
institutionally has to lay down the
guidelines of type of Vessels / Ferry Boats
for their registration requirements with
dimensions - Safety requirements along
Jetties and the Terminals
During the construction being done by
EPC Contractor, the PMC has to regularly
monitor it and advise WBIWTLSP
Clarifications / Recommendations The
MMs given as 3 Months are quite
inadequate for Regular Monitoring,
Evaluation and corrective course and
advise to Client A minimum of 3
Months a year could preferably meet the
requirements Recommendations In
view of the above, request consider 12
Months considering post-completion pf
Project, operationalization of jetties and
development of Guidelines for
Registration of Vessels etc.
69 TOR PARA 6, SL, Non-Key Expert Capacity Building & Expert – Comments The expert is required to Refer to the RFP
NO, 10 Man Months required for Monitoring of Training monitor implementation of Training of
ISBP and other Consultants The
Training being imparted are of two types
generally i.e. On the Job, which is along
with the duration of assignment and
Classroom / Webinars / Workshops for a
specific period and the number of
Classroom / Webinars / Workshops It
is also done when the basics or ‘on the
job’ have been adequately comprehended
by ISBP or PMU Staff It implies that
maintaining of regular Training will need
S. No. Section Clause Query / Suggestions Response
presence of the Expert for a substantial
period during 38 months of assignment,
implying 6 months is too inadequate
Recommendations Request consider it
for a minimum of 18 months or so i.e.
50% of the duration of the assignment to
cover on the job followed by Classroom /
Webinars / Workshops specifying the
number also
70 FORM 7 TOR, PAGE Tentative Deployment Schedule of all Categories Comments It is well appreciated that Refer to the RFP.
87 of Staff Client has already given Tentative
Deployment Schedule of Staff
Otherwise it is done by Bidder
Consultants based on Work Plan and
requirement of Site governed by Man-
Months of Key Expert given vide
Datasheet / ToR In addition, as given
above, vide seeking clarifications for
some of the positions, now, as well as
during the course of execution of
assignment, the Deployment Schedule
goes through the modification on ‘Need’
basis. Clarifications / Recommendations
It is assumed that Consultants while
preparing FTP, can use their discretion
and suggest their own deployment E.g.
the category of support staff being mostly
administrative and logistics i.e. Computer
Operator, Office Boy and Night
Watchman, they will need to be for full
duration of Assignment i.e. the office
remaining functional for 38 Months and
not for 34 Months Recommendations
Please Consider
S. No. Section Clause Query / Suggestions Response
71 GENERAL Extension of Date of Submission Reasons of Extension Detailed Site Refer to the response of sl.no. 16
Visit Interaction with Client to
understand more on assignment Yet
prevailing conditions of COVID
Holiday season in month of August &
September. Some of the key staff may
require leave Kindly consider
extension of Submission Date three
weeks after issue of Pre-Bid
Clarifications Ongoing flood calamities
in Eastern stats of India.
72 CLAUSE 17,1 PAGE Date & Schedule: - We request the Corporation to kindly Refer to response of sl.no. 16
34, INSTRUCTION TO SNo. Particulars Date & Time (in IST) extend the date of submission of proposal
CONSULTANT DATA 1 Date of Publishing RFP Documents by 3 (three) weeks from the date of
SHEET. PAGE - 35 08/08/2022 issuance of clarifications raised during the
2 Download Start Date 08/08/2022 pre-bid meeting/ minutes from pre-bid
3 Pre-Bid Meeting 22/08/22 13:00 Hours meeting. This would entail the bidders to
4 Bid Submission/Upload Start Date submit a quality proposal.
29/08/22 17:00 Hours
5 Bid Submission/Upload End Date
15/09/2022 15:00 Hours
6 Date of Opening of technical proposal
15/09/2022 15:30 Hours
7 Date of Opening of financial Bid
To be Notified Later
73 BID DATA SHEET Key experts’ qualification and competence for We request the corporation to please Refer to the RFP document
CLAUSE 21.1 PART the assignment……. Total points criterion (iii): elaborate on S.no 3 Relevant experience
B (III) PAGE - 38 The number of points to be assigned to each of in the region. We request the corporation
the above positions shall be determined to please confirm the term “Region” is
considering the following three sub-criteria and meant by India as a whole and not Kolkata
relevant percentage weights: 1) General region. Additionally, we request the
qualifications (general education, training, and corporation to please remove the scoring
experience): 15% 2) Adequacy for the with respect to Relevant experience in the
Assignment (relevant education, training,
S. No. Section Clause
experience in the sector/similar
assignments):75% 3)Relevant experience in the
region (working level fluency in local
language(s)/knowledge of local culture or
administrative system, government organization,
existing Acts and Rules etc.): 10% Total weight:
100%
74 SECTION 7 CLAUSE Project Management: The Project Management
3 (A) PAGE - 79 Consultant will, on behalf of and under the
guidance of Project Director WBIWTLSDP,
manage the planning, organizing, and directing
the completion of specific projects for PMU
while ensuring these projects are on time, on
budget, and within scope. The PMC will look
after the planning everything from execution to
delivery, Directing the team to achieve a
common goal, delegating work effectively,
Managing the resource of time, Managing the
deployment deliverables, Monitoring progress
and track roadblocks, conducting regular
meetings, establishing a shared vision, Managing
documentation and reports, Coming up with a
Plan B, Creating a self-governing team, Keeping
the team close-knit, Coordinating with the clients
75 CLAUSE: 3 (A), C. Financial Management: Support the employer
SECTION 7 TERMS on all aspects of financial management which
OF REFERENCE. includes, day to day project accounting entry,
PAGE - 79 reporting to the world bank and project
corporation, preparation of various reports like
IUFRs and other financial report as per the world
bank financial management rules and regulations
and as per the requirement of Project/Loan
Agreement
Query / Suggestions Response
region as this is a restrictive clause and
can lead to limited participation in the bid.
We request the corporation to please Please refer to the TOR for supporting the
confirm our following understanding PMU in day-to-day project management
“The PMC will support and provide activities.
assistance to Corporation in planning and
monitoring of the various projects to be
undertaken by them. PMC will not be
responsible for day-to-day activity
planning/ delegating work or managing
deployment of any third-party contractor/
consultant”
We request the corporation to please
explain the terms delegation work
efficiently, Managing the resource of
time, Managing the deployment
deliverables, coming up with a Plan B
used in the clause.
We request the corporation to please Financial management support is required to
confirm that the dataset for the entry will assist the PMU Accounts Department in their
be provided by the representative of the regular activity.
corporation and the same will be
undertaken post clearance from the
corporation. We request the corporation
to please elaborate the works to be
undertaken this head. The current clause
lacks clarity.
S. No. Section Clause
76 CLAUSE: 3 (A), D. Review of project preparatory studies Plan,
SECTION 7 TERMS Design etc.: The Project Management Consultant
OF REFERENCE. will, on behalf of and under the guidance of the
PAGE - 79 employer, provide support to the WBIWTLSDP
/PMU with respect to review of strategic,
feasibility and safeguards studies for preparation
of the project and its proposed investments.
Advise the WBIWTLSDP /PMU on their
adequacy as per their TORs and applicable
national and World Bank standards and provide
suggestions for improvement. Relevant
standards for safeguards studies include national
laws and regulations for environmental and
social impact assessment and management, as
well as the World Bank safeguard policies and
Environmental, Health and Safety (EHS)
guidelines. The Project Management Consultant
will review processes, procedures, and the
institutional capacity of the AIWTDS/PMU to
manage environmental and social risks and
impacts to ensure compliance with its
Environmental, Social, Health and Safety
(ESHS) obligations. Review ISDP, ISBP, IWT
Safety Studies, CMP, SDS, LMP and other
studies/plan under the project. The Project
Management Consultant will also perform
design vetting of individual project under this
project.
Query / Suggestions Response
Additionally, we request the corporation
to please confirm that the work envisaged
under this clause will be restricted to
reporting of financial progress to The
World Bank and will not include any
other work.
We request the corporation to please Refer to response of sl.no. 60
elaborate on the work to be undertaken
with reference to the work highlighted in
this clause. It has been highlighted that the
consultant will be required to review the
process, procedures and institutional
capacity of the AIWTDS/PMU to manage
environmental and social risk and impacts
to ensure compliance with its
Environmental, Social, Health and Safety
(ESHS) obligation. Review ISDP, ISBP,
IWT safety studies, CMP, SDS, LMP and
other studies / plan under the project.
However, there is no provision of
Environmental or Social expert in the
tender document. Without the presence of
Domain experts, consultant will not be
able to undertake this review.
Additionally, we request the corporation Refer to corrigendum II
to please remove design vetting from the
scope of the consultant as the said work
does not fall under the ambit of Project
Management Consultant.
S. No. Section Clause
77 CLAUSE: 3 (A), E. Design workflow for WBIWTLSDP /PMU:
SECTION 7 TERMS This would involve establishing mechanisms for
OF REFERENCE. efficient organization work culture involving
PAGE – 79-80 information flow processes, document
management, record keeping, file tracking
system, review meetings, time control, internal
feedback mechanism, grievance redress
mechanism etc. Together with identification of
day- to-day tasks and processes, the PMC would
also identify the right set of people or resources
needed for performance of those tasks that are
necessary to accomplish project goals.
78 CLAUSE: 3 (A), G. Manage, monitor, and supervise project
SECTION 7 TERMS progress: PMC shall assist WBIWTLSDP /PMU
OF REFERENCE. in managing, monitoring, supervising, and
PAGE - 80 expediting the progress of the individual
components under the project implementation
plan, resolve issues and initiate corrective action
when needed. The PMC shall collect data
through interviews and surveys, prepare a project
mid-term report and a completion report (if
applicable) to highlight results achieved,
summary of implementation process and
compliance, beneficiary feedback, lessons learnt
and recommendations. PMC would provide such
support, where day-to-day monitoring and
supervisory services (including review and audit
of detailed engineering designs) will be needed
during actual construction/work sites.
Query / Suggestions Response
The Corporation is requested to confirm if The consultant will propose their
our understating is correct. “The PMC recommendation. All the final decision will
will assist in preparing an outline of the be taken by the PMU.
skillsets required for undertaking the
different tasks. However, identification of
the right set of people will not be the
responsibility of the PMC and corporation
will undertake their own independent due
diligence and process for identification
and onboarding the individuals.”
We request the corporation to please PMU will provide all the relevant available
provide clarity with respect to the nature data required to execute the assignment. The
and number of the survey to be PMC will collect those data from the sources
conducted, its participants and mode of as guided by the client from time to time.
interview/ survey. Additionally, we
request the corporation the corporation to
amend the clause as follows: “PMC shall
assist WBIWTLSDP/PMU in managing,
monitoring, supervising, and expediting
the progress of the individual
components under the project
implementation plan, assist
WBIWTLSDP/PMU in resolving issues
and initiating corrective action when
needed. The PMC shall obtain data sets
with the help of PMU officials from the
different stakeholders involved in the
project for preparation of project mid-
term report (if applicable) to highlight
results achieved, summary of
implementation process and compliance,
beneficiary feedback, lessons learnt and
recommendations. PMC will support in
S. No. Section Clause
79 CLAUSE: 3 (A), J. Disseminate outputs: Effectively disseminate
SECTION 7 TERMS the outputs generated towards the project to the
OF REFERENCE. key stakeholders through reports, summaries,
workshops, seminars etc.
80 CLAUSE: 3 (A), K. Knowledge Transfer and Transition: The
SECTION 7 TERMS consultant should ensure not only knowledge
OF REFERENCE. transfer from the incumbent consultant at the
PAGE – 80-81 commencement of the assignment but also at the
end of the assignment to WBTIDCL. For this
purpose, there should be a transition plan in place
with some overlap with the current consultant
contract. As part of RFP Technical Proposal, a
detailed plan on this aspect from each
participating consultant shall be provided under
the Approach and Methodology section.
81 CLAUSE: 3 (A), Administrative Arrangements The Assignment
SECTION 7 TERMS will be carried out and funded from the loan
OF REFERENCE. proceeds of West Bengal Inland Water Transport
PAGE - 81 Project. The contract for this work will be with
WBIWTLSDP /PMU. The Project Management
Consultant will report directly to the employer
and work under the general day-to- day guidance
of the nominated officers for components of the
Program. The consultant shall also provide back-
office support for day-to-day affairs.
Query / Suggestions Response
day-to-day monitoring during the actual
construction stage.”
We understand that the consultant will be Please refer to the TOR.
supporting the corporation in preparation
of the presentation, notes, speech, reports
required for disseminating information
after due approval of the concerned
corporation of the corporation. The
Consultant will not be responsible for
organising any workshops/ seminar or
any other event under this contract.
We understand from the clause that there Refer to RFP document
is existing consultant engaged by the
corporation. The Corporation is requested
to share the details of their contract w.r.t
date of expiration so that the same can be
incorporated in the Approach and
Methodology for overlap.
We request the corporation to please Back office support is required to provide
elaborate what type of support i.e. nature need based inputs to the deployed team at
of expertise required, number of man- project office. It is to be assessed by the
months etc will be required from the back selected firm depending on the capacity
office of the consultant. As this will help required and deliverable exigency of the
in calculation of the effort estimation of deployed team.
the resources required for the project.
S. No. Section Clause Query / Suggestions Response
82 SECTION 7 CLAUSE M.E /M. Tech & MBA with 15 Years of We request the corporation to please Refer to response of sl.no. 35
6, SNO 1 TEAM experience in Infrastructure Development amend the qualifications as follows:
LEADER PAGE - 81 Government Projects. Preference will be given to “Graduation in Engineering and MBA/
those who has IWT sector project experience. PGDM/PGD or equivalent with 10 years
of experience in Infrastructure
Development Projects.”
83 SECTION 7 CLAUSE “MBA/PGDM/PGPM in Finance or C.A We request the corporation to amend the Refer to response of sl.no. 2
6, SNO 2 DY. /ICWAI with 10 years of experience in qualification criteria as follows:
PROJECT MANAGER Government Procurement. Must have worked in “Graduate in Engineering and MBA/
CUM PROCUREMENT at least two donor-funded Projects. Preference PGDM/PGD or equivalent with 7 years of
& CONTRACT will be given for IWT sector experience.” experience in infrastructure development
MANAGEMENT projects. Must have experience of
SPECIALIST working in multi-lateral finding Projects.
PAGE - 82
84 SECTION 7 CLAUSE “B.E. /B. Tech & MBA with 5 Years of We request the corporation to amend the Refer to response of sl.no. 3
6, SNO 3 experience in Infrastructure Development qualification criteria as follows:
MONITORING AND Government Projects. Preference will be given to “Graduation in Engineering and MBA/
EVALUATION those who has IWT sector project experience.” PGDM/PGD or equivalent with 5 Years
EXPERT of experience in Infrastructure
PAGE - 82 Development Projects.”
85 SECTION 7 CLAUSE The proposed Project Management Consultant We understand that for Non-Key Experts, Refer to response of sl.no. 8
6 SKILLS REQUIRED team should consist of the following personnel as the Bidder shall not submit the CVs at the
PAGE - 81 outlines in the table below. This is to clarify that Proposal stage and the same shall be
only key professionals will be considered for submitted by the selected Bidder prior to
technical proposal evaluation, however CVs of signing of the Contract. Please confirm.
all the proposed professionals/experts should be
provided along with technical proposal.
86 SECTION 7 CLAUSE “B. Com/M. Com & C. A Inter /ICWAI Inter We request the corporation to modify the Refer to RFP document
6, S.NO. 11 with 7 Years of Experience in Government education criteria of the accountant to “B.
ACCOUNTANT Accounting Preference will be given to those Com/M. Com & C. A Inter /ICWAI Inter
PAGE - 85 who has experience in World Bank Funded with 5 Years of Experience in
Infrastructure Projects. Tally Accounting Accounting. Tally Accounting
Experience” Experience will be preferred”
S. No. Section Clause Query / Suggestions Response
87 PART-II SECTION -8 “(c) The Client shall pay the Consultant’s We request the corporation to clear the Refer to RFP document
GENERAL invoices within sixty (60) days after the receipt consultant’s invoices within thirty (30)
CONDITIONS OF by the Client of such itemized invoices with days after the receipt of the invoice by the
CONTRACT CLAUSE supporting documents. Only such portion of an client., Keeping in view the Scale of the
46 (C). PAGE - 118 invoice that is not satisfactorily supported may be project and services required it will be
withheld from payment. Should any discrepancy easier for the consultant to maintain their
be found to exist between actual payment and cashflow.
costs authorized to be incurred by the Consultant,
the Client may add or subtract the difference
from any subsequent payments.”
88 PART-II SECTION -8 “The Final Payment. The Final Payment. The The Corporation is requested to clarify the Refer to RFP document
GENERAL final payment under this Clause shall be made clause as there are no final report
CONDITIONS OF only after the final report and a final invoice, mentioned in the Tender Document.
CONTRACT CLAUSE identified as such, shall have been submitted by
46 (D). PAGE - 119 the Consultant and approved as satisfactory by
the Client. The Services shall be deemed
completed and finally accepted by the Client and
the final report and final invoice shall be deemed
approved by the Client as satisfactory ninety (90)
calendar days after receipt of the final report and
final invoice by the Client unless the Client,
within such ninety (90) calendar day period,
gives written notice to the Consultant specifying
in detail deficiencies in the Services, the final
report or final invoice. The Consultant shall
thereupon promptly make any necessary
corrections, and thereafter the foregoing process
shall be repeated. Any amount that the Client has
paid or has caused to be paid in accordance with
this Clause in excess of the amounts payable in
accordance with the provisions of this Contract
shall be reimbursed by the Consultant to the
Client within thirty (30) days after receipt by the
Consultant of notice thereof. Any such claim by
S. No. Section Clause
the Client for reimbursement must be made
within twelve (12) calendar months after receipt
by the Client of a final report and a final invoice
approved by the Client in accordance with the
above.”
89 GCC CLAUSE 22 Confidentiality: Except with the prior written
PAGE - 111 consent of the Client, the Consultant and the
Experts shall not at any time communicate to any
person or entity any confidential information
acquired in the course of the Services, nor shall
the Consultant and the Experts make public the
recommendations formulated in the course of, or
as a result of, the Services.
90 GCC CLAUSE 19 (C) Upon termination of this Contract pursuant to
AND CLAUSE 22 Clauses GCC 12 or GCC 19 hereof, or upon
PAGE – 110-111 expiration of this Contract pursuant to Clause
GCC 14, all rights and obligations of the Parties
hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of
termination or expiration, (ii) the obligation of
confidentiality set forth in Clause GCC 22, (iii)
the Consultant’s obligation to permit inspection,
copying and auditing of their accounts and
records set forth in Clause GCC 25 and to
cooperate and assist in any inspection or
Query / Suggestions Response
We request corporation to kindly include Refer to RFP document
a clause to state that the Consultant will
not be liable for any indirect and
consequential losses or damages. This is
as per GFR and MEITY guidelines and
also the industry standard. Even the law,
Contract Act, stipulates and remote and
consequential damages are not payable.
We request you to kindly consider the
following clause: “Purchase/Client agrees
that Consultant will not be liable for (i)
loss or corruption of data from your
systems, (ii) loss of profit, goodwill,
business opportunity, anticipated savings
or benefits or (iii) indirect or
consequential loss.”
We request you to kindly consider that we Refer to RFP document
may have to disclose information for
successful accomplishment of work and
for regulatory and internal compliance
purposes. However, to the extent legally
permissible, we will ensure that even if
the information is disclosed to any third
party, such parties maintain
confidentiality of such information. We
therefore request you to kindly include the
following clause: “Consultant may
disclose confidential information: (a) to
its employees, directors, officers and
S. No. Section Clause
investigation, and (iv) any right which a Party
may have under the Applicable Law.
Confidentiality: Except with the prior written
consent of the Client, the Consultant and the
Experts shall not at any time communicate to any
person or entity any confidential information
acquired in the course of the Services, nor shall
the Consultant and the Experts make public the
recommendations formulated in the course of, or
as a result of, the Services.
91 CL. 3, INSTRUCTION Conflict of Interest The Consultant is required to
TO CONSULTANTS - provide professional, objective, and impartial
DATE SHEET PAGE - advice, at all times holding the Client’s interests
10 paramount, strictly avoiding conflicts.
92 CL 26, REPORTING The Consultant shall submit to the Client the
OBLIGATIONS reports and documents specified in Appendix A,
PAGE - 112
Query / Suggestions Response
subcontractors, on a need-to-know basis,
as required for performance of services,
provided such employees, directors,
officers and subcontractors are bound by
confidentiality obligations; (b) where
required by applicable law or regulation
or for regulatory and compliance (both
internal and external) purposes.” We
request you to kindly reduce the survival
period of confidentiality obligations to
one year post expiry or termination.
We wish to highlight that we are a large Refer to RFP document
organization providing similar advisory
services to various state and central
government departments, PSUs,
international organizations and private
clients. We wish you to note that while we
have a mechanism in place to identify
patent and direct conflict of interests, it
may not always be possible to identify any
or all indirect or remote conflict of
interests. Kindly appreciate that our no
conflict confirmations will be subject to
the foregoing. The restriction should be
limited only to the team members
working directly on this project, the
restrictions under the conflict clause
extends only to PricewaterhouseCoopers
Private Limited and not to any other
network firm within the
PricewaterhouseCoopers network.
By making time of essence of the Refer to RFP document
contract, you retain the right to void the
contract ab initio in case timelines are not
S. No. Section Clause
in the form, in the numbers and within the time
periods set forth in the said Appendix.
93 PG 105 For the purposes of this Contract, “Force
Majeure” means an event which is beyond the
reasonable control of a Party, is not foreseeable,
is unavoidable, and makes a Party’s performance
of its obligations hereunder impossible or so
impractical as reasonably to be considered
impossible under the circumstances, and subject
to those requirements, includes, but is not limited
to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other adverse weather
conditions, strikes, lockouts or other industrial
action confiscation or any other action by
Government agencies.
94 CL 27. Unless otherwise indicated in the SCC, all
PROPRIETARY reports and relevant data and information such as
RIGHTS OF THE maps, diagrams, plans, databases, other
Query / Suggestions Response
met. There are various dependencies on
the client and other third parties for
completing the project. There may be
delays on part of client and other parties
also. Thus, contract can be voided by you
even if the fault is not entirely ours. We
understand that it is not the intention to
make the agreement void ab initio in case
of any delay in achieving the timelines.
You may exercise your right to terminate
the contract in case of material breaches.
Thus, request you to kindly delete this
clause.
We request you to kindly consider the Refer to RFP document
following suggestion:
“For the purposes of this Contract, “Force
Majeure” means an event which is beyond
the reasonable control of a Party, is not
foreseeable, is unavoidable, and makes a
Party’s performance of its obligations
hereunder impossible or so impractical as
reasonably to be considered impossible
under the circumstances, and subject to
those requirements, includes, but is not
limited to, pandemic, epidemic,
lockdown, war, riots, civil disorder,
earthquake, fire, explosion, storm, flood
or other adverse weather conditions,
strikes, lockouts or other industrial action
confiscation or any other action by
Government agencies.
This has the potential risk of PwC Refer to RFP document
forfeiting its preexisting proprietary
knowledge to the corporation. We would
S. No. Section Clause
CLIENT IN REPORTS documents and software, supporting records or
AND RECORDS material compiled or prepared by the Consultant
PAGE - 112 for the Client in the course of the Services shall
be confidential and become and remain the
absolute property of the Client. The Consultant
shall, not later than upon termination or
expiration of this Contract, deliver all such
documents to the Client, together with a detailed
inventory thereof. The Consultant may retain a
copy of such documents, data and/or software but
shall not use the same for purposes unrelated to
this Contract without prior written approval of
the Client. If license agreements are necessary or
appropriate between the Consultant and third
parties for purposes of development of the plans,
drawings, specifications, designs, databases,
other documents and software, the Consultant
shall obtain the Client’s prior written approval to
such agreements, and the Client shall be entitled
at its discretion to require recovering the
expenses related to the development of the
program(s) concerned. Other restrictions about
the future use of these documents and software,
if any, shall be specified in the SCC.
Query / Suggestions Response
need the Contract to clarify that subject to
payment in full of the professional fees for
the relevant Deliverables, the final Study
Reports or other material or graphic
(collectively “Deliverables”), prepared by
PwC for, and submitted to the corporation
under this engagement shall belong to and
remain the property of the corporation
excluding the preexisting intellectual
property rights/ proprietary materials of
PwC incorporated in the Deliverables
which shall continue to belong to PwC.
Specifically, with respect to our pre-
existing IPR, we are agreeable to provide
the corporation with a non-exclusive &
non-transferable license to use the same
(to the extent incorporated in the
deliverables) for its internal use in
connection with the services provided by
us under this Agreement. Also, PwC shall
continue to retain ownership over its draft
deliverables/internal working papers.
Additionally, subject to its confidentiality
obligations under the RFP, PwC should
also be allowed to use the general skills,
knowledge, know-how etc. created during
the course of this engagement for its
subsequent engagements. Moreover, any
third-party licenses, necessary for the
performance of the services, would need
to be procured by the corporation. While
we are ok to return hard copies of
confidential information made available
by client and/or delete or make reasonably
S. No. Section Clause
95 SCC CLAUSE 24.1 The insurance coverage against the risks shall be
PAGE - 126 as follows: [Note: Delete what is not applicable
except (a)]. (a) Professional liability insurance,
with a minimum coverage of value, equal to the
value of the contract;
(b) employer’s liability and workers’
compensation insurance in respect of the experts
and Subconsultants in accordance with the
relevant provisions of the applicable law in the
Client’s country, as well as, with respect to such
Experts, any such life, health, accident, travel or
other insurance as may be appropriate;
Query / Suggestions Response
inaccessible any electronic copies thereof
- however we need to retain our internal
working papers and central IT archives as
per our organizational data policies. That
said, we are ok to state that any retained
copies of confidential information by us
shall be maintained in confidence as per
the terms of this agreement.
PricewaterhouseCoopers Private Limited Please refer to RFP
maintains appropriate professional
indemnity insurance cover with
underwriters to protect against all
reasonable risks in respect of all
professional services provided by the
firm. The policies are issued on a broad
form Professional Indemnity Insurance
wording. Whilst the levels of cover must
be kept confidential, we believe that our
insurance cover is at least adequate to
enable us to meet valid claims.
Furthermore, although we carry insurance
cover, it is the firm's policy to limit our
liability in our contracts to minimise our
potential exposure to a reasonable level
unless we are prohibited by law or
regulation from so doing. We expect the
outcome of any current action or
aggregate of actions to be within our
insurance cover and other resources, such
that our ability to continue to render
services will not be impaired.
Additionally, due to confidentiality
reasons, we do not share the policies or
disclose the limits of insurance availed.
S. No. Section Clause Query / Suggestions Response
96 CL 50, SCC Disputes shall be settled by arbitration in In order to uphold the principles of natural Please refer to RFP. Contract document will
PAGE - 130 accordance with the following provisions: 1. justice (Nemo judex in causa sua- no one be finalized after technical negotiation with
Selection of Arbitrators. Each dispute submitted should be judge in ones own case) and the selected bidder.
by a Party to arbitration shall be heard by a sole provisions of the Arbitration and
arbitrator or an arbitration panel composed of Conciliation Act, we request that the
three (3) arbitrators, in accordance with the arbitrator(s) be appointed with mutual
following provisions: (a) Where the Parties agree consent of both the parties. Alternatively,
that the dispute concerns a technical matter, they a panel of three arbitrators may be set up
may agree to appoint a sole arbitrator or, failing in which one arbitrator is appointed by
agreement on the identity of such sole arbitrator Consultant, one by the client and the two
within thirty (30) days after receipt by the other arbitrators appoint third arbitrator. Please
Party of the proposal of a name for such an confirm.
appointment by the Party who initiated the
proceedings, either Party may apply to [name an
appropriate international professional body, e.g.,
the Federation Internationale des Ingenieurs-
Conseil (FIDIC) of Lausanne, Switzerland] 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,
[insert the name of the same professional body as
above] shall appoint, upon the request of either
Party and from such list or otherwise, a sole
arbitrator for the matter in dispute 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
S. No. Section Clause Query / Suggestions Response
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 [name an
appropriate international appointing corporation,
e.g., the Secretary General of the Permanent
Court of Arbitration, The Hague; the Secretary
General of the International Centre for
Settlement of Investment Disputes, Washington,
D.C.; the International Chamber of Commerce,
Paris; etc.]. 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 [name the
same appointing corporation as in said paragraph
(b)] 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.
97 CL 19 (C ) Upon termination of this Contract pursuant to We request that any obligation arising Please refer to RFP document
CESSATION OF Clauses GCC 12 or GCC 19 hereof, or upon under the agreement shall survive for a
RIGHTS AND expiration of this Contract pursuant to Clause period of 12 months, post
OBLIGATIONS GCC 14, all rights and obligations of the Parties termination/expiry of the Contract.
PAGE - 108 hereunder shall cease, except (i) such rights and
obligations as may have accrued on the date of
termination or expiration, (ii) the obligation of
confidentiality set forth in Clause GCC 22, (iii)
the Consultant’s obligation to permit inspection,
copying and auditing of their accounts and
records set forth in Clause GCC 25 and to
cooperate and assist in any inspection or
S. No. Section Clause Query / Suggestions Response
investigation, and (iv) any right which a Party
may have under the Applicable Law.
98 GENERAL Third Party Disclaimer We will be providing services and Please refer to RFP
deliverables to you under the contract. We
accept no liability to anyone, other than
you, in connection with our services,
unless otherwise agreed by us in writing.
You agree to reimburse us for any liability
(including legal costs) that we incur in
connection with any claim by anyone else
in relation to the services. Please confirm
our understanding is correct.
99 GENERAL Acceptance criteria If the engagement is to be completed on Please refer to RFP
time, it would require binding both parties
with timelines to fulfil their respective
part of obligations. We request you to
kindly incorporate a deliverable
acceptance procedure, perhaps the one
provided by MEITY, Government of
India in their guidelines, or the one
suggested below, to ensure that
acceptance of deliverables is not denied or
delayed and comments, if any, are
received by us well in time. You may
consider including the below simple
clause: “Within 10 days (or any other
agreed period) from Employer's receipt of
a draft deliverable, Employer will notify
Consultant if it is accepted. If it is not
accepted, the Employer will let
Consultant know the reasonable grounds
for such non acceptance, and Consultant
will take reasonable remedial measures so
that the draft deliverable materially meets
S. No. Section Clause Query / Suggestions Response
the agreed specifications. If Employer
does not notify Consultant within the
agreed time period or if Employer uses the
draft deliverable, it will be deemed to be
accepted.”
100 GENERAL Indemnity The indemnities set out in this agreement Refer to RFP document
shall be subject to the following
conditions: (i) the Indemnified Party as
promptly as practicable informs the
Indemnifying Party in writing of the claim
or proceedings and provides all relevant
evidence, documentary or otherwise; (ii)
the Indemnified Party shall, at the cost of
the Indemnifying Party, give the
Indemnifying Party all reasonable
assistance in the Defense of such claim
including reasonable access to all relevant
information, documentation and
personnel provided that the Indemnified
Party may, at its sole cost and expense,
reasonably participate, through its
attorneys or otherwise, in such Defense;
(iii) if the Indemnifying Party does not
assume full control over the Defense of a
claim as provided in this clause, the
Indemnified Party may participate in such
defense at its sole cost and expense, and
the Indemnified Party will have the right
to defend the claim in such manner as it
may deem appropriate, and the cost and
expense of the Indemnified Party will be
included in losses; (iv) the Indemnified
Party shall not prejudice, pay or accept
any proceedings or claim, or compromise
S. No. Section Clause Query / Suggestions Response
any proceedings or claim, without the
written consent of the Indemnifying
Party; (v) all settlements of claims subject
to indemnification under this Clause will:
a) be entered into only with the consent of
the Indemnified Party, which consent will
not be unreasonably withheld and include
an unconditional release to the
Indemnified Party from the claimant or
plaintiff for all liability in respect of such
claim; and b) include any appropriate
confidentiality agreement prohibiting
disclosure of the terms of such settlement;
(vi) the Indemnified Party shall account to
the Indemnifying Party for all awards,
settlements, damages and costs (if any)
finally awarded in favour of the
Indemnified Party which are to be paid to
it in connection with any such claim or
proceedings; (vii) the Indemnified Party
shall take steps that the Indemnifying
Party may reasonably require to mitigate
or reduce its loss as a result of such a
claim or proceedings; (viii) in the event
that the Indemnifying Party is obligated to
indemnify an Indemnified Party pursuant
to this clause, the Indemnifying Party
will, upon payment of such indemnity in
full, be subrogated to all rights and
defenses of the Indemnified Party with
respect to the claims to which such
indemnification relates; and (ix) if a Party
makes a claim under the indemnity set out
under Clause above in respect of any
S. No. Section Clause Query / Suggestions Response
particular loss or losses, then that Party
shall not be entitled to make any further
claim in respect of that loss or losses
(including any claim for damages).
101 GENERAL Limitation of Liability We request you to kindly limit Please refer to RFP and corrigendum II.
Consultant’s liability to 1X of the total
contract value. This is as per GFR and the
guidelines issued by Meity. It is also the
normal industry practice. The PMC will
not be liable or held responsible for any
any consequential, incidental, indirect,
punitive, exemplary or special damages of
any nature whatsoever. In addition we
could like to clarify that the relationship
of PricewaterhouseCoopers Private
Limited under this Agreement is solely
with Client, and accordingly, no person
who is not an executing party to this
Agreement, shall have any rights to
enforce this Agreement (whether in
contract, tort or otherwise) We also
request you to kindly consider including
the following language:
“Purchaser/Client agrees that Consultants
total liability for all claims connected with
the services or this agreement (including
but not limited to negligence), whether in
contract, tor, statute, indemnities or
otherwise, is limited to one time the
professional fees paid / payable for the
services. Purchaser/Client agrees that
Consultant will not be liable for (i) loss or
corruption of data from your systems, (ii)
loss of profit, goodwill, business
S. No. Section Clause Query / Suggestions Response
opportunity, anticipated savings or
benefits or (iii) indirect or consequential
loss.”
102 PART-II SECTION -8 The Itemized Invoices As soon as practicable and We would like to highlight to the Refer to RFP document
GENERAL not later than fifteen (15) days after the end of corporation that the payment terms are not
CONDITIONS OF each calendar month during the period of the clear, and we would like to suggest
CONTRACT CLAUSE Services, or after the end of each time interval monthly invoicing based on the resources
46 (B). otherwise indicated in the SCC, the Consultant deployed for the project.
PAGE - 119 shall submit to the Client, in duplicate, itemized
invoices, accompanied by the receipts or other
appropriate supporting documents, of the
amounts payable pursuant to Clauses GCC 45
and GCC 46 for such interval, or any other period
indicated in the SCC. Separate invoices shall be
submitted for expenses incurred in foreign
currency and in local currency. Each invoice
shall show remuneration and reimbursable
expenses separately.
103 CLAUSE: 3 (B), Procurement & Contract Management: The We understand that we will be assisting Verification/ validation/ certification of the
SECTION 7 TERMS Project Management Consultant will, on behalf and providing inputs on behalf of client works and invoices of the contractors are
OF REFERENCE. of and under the guidance of Project Director and PwC will not be responsible for the responsibility of the PMU.
PAGE - 79 WBIWTLSDP/PMU, manage the procurement verification /validation/ certification of
and contracts of consultancy or contractor the works and invoices of the
contractors.
services and/or of goods and works associated
with each component of the project
104 CLAUSE: 3 (I), Build PMU capacity: Monitor the We would like to highlight that the Please refer to the TOR.
SECTION 7 TERMS implementation of the training plan for trainings conducted by the PMC will be in
OF REFERENCE. WBIWTLSDP /PMU. Periodically assess the train the trainer basis and PMC will not be
PAGE - 80 capacity building needs of WBIWTLSDP /PMU providing any certifications to the
for effective implementation of the project. participants.
Suggest capacity building and training options
and opportunities to the PMU which can address
weaknesses. As applicable, provide training to
S. No. Section Clause
relevant staff, as well as suggest external training
opportunities where relevant
105 SECTION 7 CLAUSE Supervision of Accounting & Taxation.
6, SNO 8 ACCOUNTS Monitoring of Statutory Compliances under
OFFICER Income Tax Act, Companies Act, GST, Royalty
PAGE - 84 and Labour Cess, Professional Tax EPF & ESI
and other Acts. Administering Accounting
Entries, Compliances of MIS, Audit, Notices &
Departmental Circulars, and Directives.
Performance Audit, Propriety Audit,
Supplementary Audit, Certification Audit,
Transaction Audit, Commercial Audit, Statutory
& Internal Audit Financial Compliances. IUFR,
MPR, MER Preparation. Payments to
Contractors/Consultants/ Vendors etc. & Tally
Administration.
Query / Suggestions Response
We understand that PMC’s role will be Refer to RFP document
limited to assess and provide
recommendations only and that the PMC
will not be responsible for the
confirmation/affirmations/validations of
the documents. The procedures PMC will
be performing will not constitute an
examination or a review in accordance
with generally accepted auditing
standards or attestation standards.
Additionally, the deliverables mentioned
herein are prepared for client internal
consumption and will not involve any
third party/public domain sharing and/or
sharing with external regulators. We
request the corporation to provide
confirmation on the same.

106 SECTION 7 CLAUSE Tally Accounting of transactions. Statutory We would like to highlight that the roles Refer to RFP document
6, SNO 11 Deductions & Depositions & Respective Return and responsibilities listed out are of
ACCOUNTANT Filing. Initiate & Process all Payments through administrative or clerical in nature.
PAGE - 85 Treasury. Custodian of Bid Security, EMD, Bank Hence, we request you to consider an
Guarantees, Insurance Documents, advisory support staff and associated
Contracts/Agreements etc. Maintain Trackers of scope of work for the position of
Bank Guarantees, FDR, Maintenance of Fixed accountant.
Assets Register etc. IUFR, MPR, MER, Other
Reports Preparation.
107 PART-II SECTION -8 Equipment, vehicles and materials made We request you to kindly clarify if there The requirement should be assessed by the
GENERAL available to the Consultant by the Client or is a need for any specific equipment, participating consultant to deliver the TOR.
CONDITIONS OF purchased by the Consultant wholly or partly vehicles and materials for the delivery of
CONTRACT CLAUSE with funds provided by the Client, shall be the the scope.
46 (B). property of the Client and shall be marked
PAGE – 112-113 accordingly. Upon termination or expiration of
S. No. Section Clause Query / Suggestions Response
this Contract, the Consultant shall make
available to the Client an inventory of such
equipment, vehicles and materials and shall
dispose of such equipment, vehicles and
materials in accordance with the Client’s
instructions. While in possession of such
equipment, vehicles and materials, the
Consultant, unless otherwise instructed by the
Client in writing, shall insure them at the expense
of the Client in an amount equal to their full
replacement value.
108 PART-I SECTION3, Form Tech 7 We would like to highlight that we Refer to RFP document
FORM TECH-7 operate in accordance with the PwC code
PAGE – 56-58 of conduct. We will cause our project
team members performing services under
this engagement to read and be aware of
your relevant policies such that to the
extent applicable to them in performing
services, they do not act in a manner
inconsistent with the substance thereof.
109 PART-II SECTION -8 Except as otherwise stated herein, arbitration We would like to request you that since Refer to RFP document
GCC & SSC proceedings shall be conducted in accordance the parties are Indian entities, the
CLAUSE 50 with the rules of procedure for arbitration of the arbitration shall be governed by the Indian
PAGE - 130 United Nations Commission on International Arbitration and Conciliation Act, 1996
Trade Law (UNCITRAL) as in force on the date and the list of arbitrators should be
of this Contract. provided by reputed Indian arbitration
institution.
110 SECTION 7 CLAUSE Role: Project documentation, Project Archive, We request the Corporation to please Refer to RFP document
6, SNO 12 IT CUM maintaining project website. Work in co- remove maintaining project website, Data
MIS EXPERT CUM ordination with Project M&E Expert and extraction and data transformation from
SOFTWARE providing all data support to him. Understanding the scope of the consultant as the said
DEVELOPER requirement of data, collecting data from work does not fall under the ambit of
PAGE - 85 different sources, data extraction, data Project Management Consultant.
transformation, data presentation Additionally, we request the corporation
S. No. Section Clause Query / Suggestions Response
to please provide clarity with respect to
the definition of the word “Data” being
used in the clause.
111 CLAUSE: 3 (G), Manage, monitor, and supervise project We request the corporation to please The TOR clearly explains the requirement of
SECTION 7 progress: “.... In addition, it will manage the provide clarity in regard to our role, the assignment.
TERMS OF project budget on behalf of WBIWTLSDP whether its in a nature of assistance or
REFERENCE. /PMU, monitor the expenditures and costs decision making.
PAGE - 80 against deliverables and assess tangible benefits.
It shall also support WBIWTLSDP /PMU in
preparation of the disbursement applications to
the World Bank and in furnishing the supporting
documentation”.
112 CLAUSE: 3 (J), Disseminate outputs: Effectively disseminate the We would like to request the corporation Please refer to RFP regarding proprietary
SECTION 7 TERMS outputs generated towards the project to the key that the deliverables produced by PMC in rights.
OF REFERENCE. stakeholders through reports, summaries, regard to the project should not be shared
PAGE - 80 workshops, seminars etc. with a 3rd party without consent.
113 SECTION 7 CLAUSE Role: The M&E specialist will establish, We understand that PwC’s role will be PMU has already appointed Independent
6, SNO 3 maintain and implement the monitoring systems limited to assess and provide Verification Agency. For scope of work of
MONITORING AND for the Project and work along with the PMU recommendations only and that the PwC M&E expert please refer to the RFP.
EVALUATION staff to monitor the status of all the activities will not be responsible for the
EXPERT carried out in the project ensuring that the confirmation/affirmations/validations of
PAGE - 82 activities are in line with the project objectives. the works and the invoices of the
He will also co-ordinate with the independent contractors.
verification agency for monitoring of
achievement of project DLIs/PBCs, project
reports.
114 PART-II SECTION -8 The Consultant shall keep and shall make all The audit rights are widely worded. Due Refer to RFP document
GCC CLAUSE 25 reasonable efforts to cause its Sub-consultants to to client confidentiality & internal data
PAGE – 111-112 keep, accurate and systematic accounts and policy reasons, we would be unable to
records in respect of the Services in such form provide such unqualified access to our
and detail as will clearly identify relevant time systems, premises and records. That said,
changes and costs. Pursuant to paragraph 2.2 e. we are agreeable to a review by the
of Attachment 1 to the General Conditions, the corporation to the extent that it is: (i)
Consultant shall permit and shall cause its agents restricted to providing access to PwC’s
S. No. Section Clause
(where declared or not), subcontractors,
subconsultants, service providers, suppliers, and
personnel, to permit, the Bank and/or persons
appointed by the Bank to inspect the site and/or
the accounts, records and other documents
relating to the procurement process, selection
and/or contract execution, and to have such
accounts, records and other documents audited
by auditors appointed by the Bank. The
Consultant’s and its Subcontractors’ and
subconsultants’ attention is drawn to Sub-Clause
10.1 (Fraud and Corruption) which provides,
inter alia, that acts intended to materially impede
the exercise of the Bank’s inspection and audit
rights constitute a prohibited practice subject to
contract termination (as well as to a
determination of ineligibility pursuant to the
Bank’s prevailing sanctions procedures).
115 PART-II SECTION -8 “The Client may terminate this Contract in case
GCC CLAUSE 19 of the occurrence of any of the events specified
PAGE - 107 in paragraphs (a) through (f) of this Clause. In
such an occurrence the Client shall give at least
thirty (30) calendar days’ written notice of
termination to the Consultant in case of the
events referred to in (a) through (d); at least sixty
(60) calendar days’ written notice in case of the
event referred to in (e); and at least five (5)
calendar days’ written notice in case of the event
referred to in (f)....”
Query / Suggestions Response
fees/ invoicing related records relating to
the services under this project; (ii) is
carried out within 6 months of the expiry
or termination of the agreement. PwC
should not be expected to provide any
information which may cause it to breach
confidentiality vis-a-vis other parties. If
an audit is contemplated to be conducted
by an external/third party auditor, we
would need such third party to sign an
NDA with us.
An objective and consultative process Refer to RFP document
should precede before the corporation
chooses to exercise its termination rights
under this clause. To ensure that the
clause is not interpreted in a subjective
manner, a mechanism should be put in
place to objectively capture service-
related defaults and allocate the
accountability to an appropriate party in a
transparent manner. Upon termination,
PwC should be paid for the services
performed by PwC till the date of
termination. Additionally, given our audit
independence requirements, we would
also require the right to terminate in
circumstances where continued
S. No. Section Clause Query / Suggestions Response
performance under this contract would
breach our legal, professional or
regulatory requirements.
116 PART-II SECTION -8 Any modification or variation of the terms and The Contract needs to document an Refer to RFP document
GCC CLAUSE 16 conditions of this Contract, including any objective scope change process to address
PAGE - 105 modification or variation of the scope of the any changes to the agreed scope of work,
Services, may only be made by written timelines or duration of the project, in a
agreement between the Parties. However, each mutual consultative manner. This would
Party shall give due consideration to any ensure that neither side is expected to
proposals for modification or variation made by assume any implied obligations.
the other Party. In cases of substantial
modifications or variations, the prior written
consent of the Bank is required.
117 SECTION-7 TERMS 7. Tentative Deployment Schedule We request the clarification on working All the staffs need to be deployed at Project
OF REFERENCE, place of Team leader and Dy. Team Office at Kolkata.
TENTATIVE Leader.
DEPLOYMENT
SCHEDULE
PAGE – 87-88
118 SECTION 7 CLAUSE Transport Planner Expected Person Months- 6 We request you to consider Expected Refer to RFP document
6, SNO 5 Months Person Month for Transport Planner as 12
TRANSPORT months.
PLANNER
PAGE - 83
119 SECTION 7 CLAUSE Qualification: Master of Planning (Urban We request you to consider the Refer to response of sl.no. 29
6, SNO 4 URBAN Planning, Town Planning Country Planning) Qualification of Urban Planner as
PLANNER with 10 Years of experience in spatial or master “Master of Planning (Urban Planning,
PAGE - 82 plans at city levels. Expected Person Months- 6 Town Planning Country Planning) with 5
Months. Years of experience in spatial or master
plans at city levels.” Additionally, we
request you to consider the expected
person month for Urban Planner as 12
months.
S. No. Section Clause
120 SECTION 7 CLAUSE
6 GIS Expert for managing and Monitoring
121 SECTION 7 TERMS D. Review of project preparatory studies Plan,
OF REFERENCE Design etc.: The Project Management Consultant
CLAUSE 3 (D) will, on behalf of and under the guidance of the
PAGE - 79 employer, provide support to the WBIWTLSDP
/PMU with respect to review of strategic,
feasibility and safeguards studies for preparation
of the project and its proposed investments.
Advise the WBIWTLSDP /PMU on their
adequacy as per their TORs and applicable
national and World Bank standards and provide
suggestions for improvement. Relevant
standards for safeguards studies include national
laws and regulations for environmental and
social impact assessment and management, as
well as the World Bank safeguard policies and
Environmental, Health and Safety (EHS)
guidelines. The Project Management Consultant
will review processes, procedures, and the
institutional capacity of the AIWTDS/PMU to
manage environmental and social risks and
Query / Suggestions Response
We request you to consider inclusion of a Refer to RFP document
of Spatial Modelling Scope of the project.
-Qualification of GIS Expert may be
considered as Master Degree/ MSc./
MPhil in Remote Sensing and Geo-spatial
Technology with 15 Years of experience.
- Role of GIS Expert shall be Spatial Data
Handling, Data Modelling, Integration
with nonspatial / MIS data set, Spatial
Query Management and Analysis, Project
Documentation and Report Generation
-Deployment schedule of GIS Expert
shall be considered as 18 months.
We request the corporation to please Refer to RFP document
confirm if the reports prepared for the
ISDP, ISBP, CMP, SDS, LMP will be
required to be reviewed by the PMC or
only the recommendations from the study
are to be considered for the development
based on the inputs from the corporation.
S. No. Section Clause Query / Suggestions Response
impacts to ensure compliance with its
Environmental, Social, Health and Safety
(ESHS) obligations. Review ISDP, ISBP, IWT
Safety Studies, CMP, SDS, LMP and other
studies/plan under the project. The Project
Management Consultant will also perform
design vetting of individual project under this
project.
122 SECTION 7 TERMS F. Develop a comprehensive Project We request the corporation to please Refer to RFP document
OF REFERENCE Implementation Plan: Use recommendation from confirm, if the implementation plan to be
CLAUSE 3 (F) the Integrated Strategic Development Plan prepared based on the recommendation
PAGE - 82 (ISDP) study, identify detailed project from ISDP study will be focussed only on
components and interventions to be made in IWT sector development or it will include
support of the project objective and overall IWT the development plans for the whole
sector strategy. Similarly, use recommendations KMA region which may include
from the study Institutional Strengthening and CMP,SDS, CMP, LMP etc.
Business Planning to decide on appropriate
measures to be undertaken for improving
institutional strength and capacity and use
recommendations from the IWT Safety study to
decide on appropriate measures to be undertaken
for improving safety of IWT operation and its
stakeholders. All project
components/interventions shall be decided and
finalized in consultation with the employer and
the World Bank. In doing so, the PMC will
develop a comprehensive project implementation
plan capable to guide and control timelines/
budgets for activities such as feasibility
studies/surveys, procurement etc. associated with
each project component whether taken up in
parallel or sequentially. The PMC shall, in
consultations with the employer create
mechanisms for effective consultant
S. No. Section Clause Query / Suggestions Response
coordination, as well as engagement of all
stakeholders who participate in guidance,
conduct or review of outputs of the different
components of the project.
123 RFP page-37, Cl. Eligibility Firms experience in PMC is required. We Refer to RFP document
21.1, understood that experience of
Construction supervision, Authority
Engineer will be considered under the
criteria.
124 Page 37 Cl. 21.1 Evaluation Criteria We request authority to consider ongoing Refer to RFP document
Part-B ii) 1 assignment in Urban Infrastructure sector Urban Infrastructure projects with
PMC successfully executed in the last 5 years – completion of min one year from contract
5 marks agreement.
It will encourage competent consultants
to participate.
125 RFP page-10, Cl. 6, Eligibility Authority has allowed to participate in Maximum total 3 (Three) JV members are
JV. We request to intimate number of JV allowed.
members allowed.
126 RFP page 35 Cl. Date & Time Schedule: - The time available with respect to current Refer to response of sl.no. 16
17.1 5. Bid Submission/Upload End Date 15/09/2022 project submission date is quite short for
15:00 Hours compilation of proposal which includes
compilation of legal and financial
documents as per proposal requirements.
We request you to extend the submission
date at least by 10 Days from current due
date of proposal submission, so that we
can compile & prepare a sound and
competitive bid.
127 RFP page 80 I. BUILD PMU CAPACITY: Monitor the We understand that expenditure of Refer to RFP document
implementation of the training plan for conveyance, lodging and boarding,
WBIWTLSDP /PMU. Periodically assess the training material along with arrangement
capacity building needs of WBIWTLSDP /PMU at venue for training will be borne by
for effective implementation of the project. client. Kindly clarify and confirm.
Suggest capacity building and training options
S. No. Section Clause Query / Suggestions Response
and opportunities to the PMU which can address Kindly intimate the no. of participants and
weaknesses. As applicable, provide training to no. of sessions for providing training to
relevant staff, as well as suggest external training relevant staff
Opportunities where relevant.