01.1 RFP BHIN16 Tender Document

Madhya Pradesh Metro Rail Corporation Limited (MPMRCL)
(A Joint Venture of Government of India and Government of Madhya

Pradesh)
BHIN-16
“Design Verification Engineer (DVE) services for construction of

Elevated Viaduct including Stations, Ramps and Tunnelling works
including underground stations for Bhopal and Indore Metro Rail
Projects.”
Volume I - NIT, ITT, EQC & LOT

Volume II - GC & PC
Volume III – Client’s Requirements (CR)
Volume IV – Pricing Document
BHIN-16
VOLUME I
Notice Inviting Tender Instruction to Tenderer

Eligibility Cum Qualification Criteria
Letter of Tender
Bhopal and Indore Metro Rail Projects
Package BHIN-16
Volume I – NIT, ITT and LOT
VOLUME-1
TABLE OF CONTENTS
Table of Contents.....……………………..…………………………………………………………1
PART 1: NOTICE INVITING TENDER (NIT)......................................................................... 5
1 GENERAL ................................................................................................................... 5
1.1 General:....................................................................................................................... 5
1.2 Key Details: ................................................................................................................. 5
1.3 QUALIFICATION CRITERIA........................................................................................ 6
1.4 The Tender documents.............................................................................................. 11
2 General...................................................................................................................... 14
2.1 General...................................................................................................................... 14
2.2 General Requirements............................................................................................... 14
2.3 Eligible Tenderers...................................................................................................... 15
2.4 Qualification of the Tenderer...................................................................................... 15
2.5 One Tender per Tenderer .......................................................................................... 18
2.6 Cost of Tendering ...................................................................................................... 19
2.7 Site Visits................................................................................................................... 19
3 Tender Documents .................................................................................................. 19
3.1 Tender Documents .................................................................................................... 19
3.2 Clarification of Tender Documents ............................................................................. 19

3.3 Pre-Bid Meeting ......................................................................................................... 19
3.4 Amendment to Tender Documents ............................................................................ 20
4 Preparation of Tender.............................................................................................. 20
4.1 Language................................................................................................................... 20
4.2 Documents Comprising the Tender............................................................................ 20
4.3 Letter of Tender ......................................................................................................... 23
4.4 Outline Quality Plan ................................................................................................... 23
4.5 Outline Safety, Health and Environment Plan (Deleted)............................................. 23
4.6 Tenderer's Technical Proposals................................................................................. 23

4.7 Designs ..................................................................................................................... 23
4.8 Tender Programme (Deleted) .................................................................................... 23
Volume I – NIT, ITT, LOT Page 1 of 72

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4.9 Manufacture, Installation and Construction Methods (Deleted) .................................. 23

4.10 Schedule of Payments ............................................................................................... 23
4.11 Sub-Contracts (Deleted) ............................................................................................ 23
4.12 Staffing Schedule and Related Details....................................................................... 23
4.13 The DVE software...................................................................................................... 24
4.14 Proposals for Use of Work Areas (Deleted) ............................................................... 24
4.15 Pricing Document ...................................................................................................... 24
4.16 Pricing of Conditions, Qualifications, Deviations, etc.................................................. 24
4.17 Currencies of Tender and Payment ........................................................................... 24
4.18 Tender Validity........................................................................................................... 24
4.19 Earnest Money Deposit (EMD) / Tender Security....................................................... 25

4.20 Tender Index ............................................................................................................. 26
4.21 Format and Signing of Tender ................................................................................... 26
5 Submission of Tenders ........................................................................................... 26
5.1 Submission ................................................................................................................ 26
5.2 Late Tenders ............................................................................................................. 27
5.3 Modification, Substitution and Withdrawal of Tenders................................................ 27
6 Tender Opening and Evaluation ............................................................................. 27
6.1 Tender Opening......................................................................................................... 27
6.2 Confidentiality of Tender Information and Copyright .................................................. 28

6.3 Clarification of Tenders .............................................................................................. 28
6.4 Evaluation of Tenders ................................................................................................ 28
6.5 Evaluation of Financial Proposals .............................................................................. 29
7 Negotiations and Award of Contract ...................................................................... 30
7.1 Negotiation ................................................................................................................ 30
7.2 Award ........................................................................................................................ 31
7.3 Client’s Right to Accept any Tender and to Reject any or all Tenders ........................ 31
7.4 Notification of Award.................................................................................................. 31
7.5 Signing of Agreement ................................................................................................ 32

7.6 Performance Security ................................................................................................ 32
7.7 Settlement of Disputes of the Tender Process ........................................................... 32
Annexure – 1 to ITT: Requirements for Tenderer's Technical Proposals ..................... 33
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Annexure – 2 to ITT: Form of Bank Guarantee for Performance Security .................... 34

Annexure – 3 to ITT: Sample Format for Letter from Bank ............................................ 37
Annexure – 4 to ITT: Sample Format for Power of Attorney for Lead Member............. 38
Annexure – 5 to ITT: Sample Format for Power of Attorney .......................................... 40
Annexure – 6 to ITT: Sample Format for Power of Attorney for other Member ............ 43
Annexure – 7 to ITT: Sample Document Review Sheet (DRS) ....................................... 45
PART 3: LETTER OF TENDER (LOT) ............................................................................... 48
Appendix – 1 [Conditions of Contract]…………………………………………………………51
Appendix – 2 Undertaking for Pricing Document……………………………………………52
Appendix – 3 Tenderer’s Technical Proposals……………………………………………….53
Appendix – 4 General Information About the Tenderer…………………………………….54

Appendix – 5 Staffing Scheduling and Organisation Chart……………………………….56
Appendix – 6 Tender Index………………………………………………………………………57
Appendix – 7 Undertaking for Not Backlisted or Debarred…………………………………58
Appendix – 8 Undertaking for Corrupt and Fraudulent Practices………………………..59
Appendix – 9 Copyright Undertaking………………………………………………………….60
Appendix – 10 Work Experience………………………………………………………………..61
Appendix – 11 Financial Data……………………………………………………………………62
Appendix – 12 Works in Hand…………………………………………………………………..64
Appendix – 13. Undertaking for Not Being Imposed of Liquidated Damages/ Penalty.65
Appendix – 14. Undertaking for Financial Stability………………………………………….66
Appendix – 15 Undertaking for Downloaded Tender Document………………………….67
Appendix – 16 Undertaking for Conflict of Interest and Ground for Exclusions………..68
Appendix – 17 Litigation History………………………………………………………………..69
Appendix - 18 Proforma for Statement of Proposed Minor Deviations ......................... 70
Appendix - 19 Bid Capacity……………..………………………………………………………..76

Package BHIN-16
Tender Notification
(National Competitive Bidding)
Madhya Pradesh Metro Rail Corporation Limited (MPMRCL)

(A Joint Venture of Government of India and Government of Madhya Pradesh)
CIN: U75100MP2015SGC034434
nd
2 Floor, Smart City Development Corporation Limited Office Building,
Kalibadi Road, BHEL, Sector A, Berkheda, Bhopal – 462022, Madhya Pradesh, India
Phone No: 0755-2475607
Tender Notification No: 1069/MPMRCL/2023/ BHIN-16, Date: 17.05.2023
E-Tenders are invited from reputed and experienced contractors for following Works.
Tenderers may download the tender documents from the official e-portal
https://etenders.gov.in/eprocure/app from 19.05.2023 to 07.07.2023. Non-refundable
cost of tender documents/ tender fee is INR 50000/- inclusive of GST (Indian Rupees Fifty
Thousand only) in the form of online payment only. The details of Works are as under:
S. Name of Work Approx. cost Completion
No. of work Period
1 “Design Verification Engineer (DVE) services for INR 28.71 Cr. 1460 Days
construction of Elevated Viaduct including (Excluding
Stations, Ramps and Tunnelling works including GST)
underground stations for Bhopal and Indore Metro
Rail Projects.”
Any clarification/corrigendum/addendum to the tender documents shall be uploaded on
the official e-portal only, without any obligation of press notification.
For further details, please visit official e-portal https://etenders.gov.in/eprocure/app.
For any additional information & help for downloading & uploading, please contact e-
tendering service desk at the following ID: support-eproc@nic.in or at Toll Free No.:
(91)120-4001002, (91)120-4001005, (91)120-6277787.
Managing Director
Madhya Pradesh Metro Rail Corporation Limited

Package BHIN-16
PART 1: NOTICE INVITING TENDER (NIT)

1 GENERAL
1.1 General:
1.1.1 Name of service: Madhya Pradesh Metro Rail Corporation Limited (“MPMRCL”- “the
Client”) invites online open e-tenders from eligible applicants, who fulfil the criteria
stipulated in Eligibility cum Qualification Criteria, for the Tender Package BHIN-16;
“Design Verification Engineer (DVE) services for construction of Elevated Viaduct
including Stations, Ramps and Tunnelling works including underground stations for
Bhopal and Indore Metro Rail Projects”.
All details of the Services will be provided in the Tender Documents and the Scope of
Work for this Contract is further described in Client’s Requirements (Volume III).
1.1.2 Source of Funds: The Client has applied loans from the various multi-lateral funding
agencies towards the part cost of the Project, and the balance cost through equity
contribution of Government of India (GoI) and Government of Madhya Pradesh
(GoMP). This tender package is proposed to be funded through equity contribution of
GoI & GoMP.
1.2 Key Details:
Approximate cost of work INR 28.71 Cr. (Excluding GST)
EMD/Tender Security INR 0.29 Cr
[Refer Clause 4.19 of ITT for details.]
Completion period of the 1460 Days
Work
Tender documents on sale From 19.05.2023 to 07.07.2023 (up to 1000 hrs.)
Tender Fee as cost of INR 50,000 (Inclusive of GST) Non-Refundable.
Tender documents Payment of Tender Fee/ Cost of Tender Document is
to be made by using online payment gateway link
displayed in e-tender procurement portal. No other
mode of payment will be accepted.
(Copy of GST registration no. to be provided along
with Tender document cost/tender fee)
Website for e-procurement https://etenders.gov.in/eprocure/app
portal
Time & date of submission Start: 11:00 hrs on 20.05.2023
of queries through End: 18:00 hrs on 02.06.2023
eProcurement portal only
Pre-bid Meeting 11:00 hrs on 09.06.2023
Last date of issuing 23.06.2023
addendum/ corrigendum
Time & date of submission Start: 11:00 hrs on 30.06.2023
of Tender online

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End: 16:00 hrs on 07.07.2023

Date & time of opening of 16:30 hrs on 08.07.2023
Tender online
Authority for purchase of Managing Director,
tender documents, seeking Madhya Pradesh Metro Rail Corporation Limited,
clarifications and
2nd Floor, Smart City Development Corporation
submission of completed
Limited Office Building,
tender documents.
Kalibadi Road, BHEL,
Sector A, Berkheda,
Bhopal – 462022, Madhya Pradesh, India
Phone No: 0755-2475607
https://etenders.gov.in/eprocure/app
Place of pre-bid meeting Physically at:
Conference Hall,
Madhya Pradesh Metro Rail Corporation Limited,
Limited Office Building,
Sector A, Berkheda,
In addition to physical meeting, the bidders have the
option to join the pre-bid meeting on aforesaid time
and date through video conferencing also, by
software apps such as NIC, Cisco, Webex, Microsoft
Team, etc., as decided by the Client. All prospective
tenderers shall provide the details of the person(s)
(maximum up to two, with authorisation letter in
accordance with Sub-Clause 3.3 of ITT) who will be
participating in such virtual meeting at least one day
before the meeting (that is latest by 11:00 hrs on
08.06.2023) to the official email of the Client i.e.,
tenders@mpmrcl.in, so that links having details such
as software, meeting ID, password etc. can be
mailed to these participants before the scheduled
pre-bid meeting.
The Client has no liability in case of any technical
issues related to software, internet, etc and no claims
shall be entertained in this regard.
1.3 QUALIFICATION CRITERIA
1.3.1 Eligible Applicants
1.3.1.1 Tender are open for Indian national firms only, Tenders for this Contract will only be
considered from those Tenderers (proprietorship firms, partnership firms, companies,
corporations, consortia or joint ventures) who meet the eligibility criteria prescribed in
Package BHIN-16
this NIT as single entity. In the case of a JV/ Consortium all members of the Group
shall be jointly and severally liable for the performance of the whole of the Contract.
1.3.1.2 A Tenderer including any member of JV/Consortium shall only submit one Tender in
the same tendering process, either individually as a tenderer or as a partner of a JV/
Consortium. A tenderer who submits or participates in more than one Tender will
cause all of the proposals in which the tenderer has participated to be disqualified. No
tenderer can be a subcontractor while submitting a Tender individually or as a partner
of a JV/ Consortium in the same tendering process.
1.3.1.3 Tenderers shall not have a conflict of interest. All tenderers found to have a conflict of
interest shall be disqualified. Tenderers shall be considered to have a conflict of
interest with one or more parties in this tendering process, if:
a. A tenderer has been engaged by the contractor / Client to provide services for
the implementation of the project;
b. A tenderer has any associates/ affiliates (inclusive of parent firms) mentioned
in subparagraph (a) above; or
c. A tenderer lends, or temporarily seconds its personnel to firms or organisations
which are engaged in consulting services for the preparation related to the
procurement of or on the implementation of the project, if the personnel would
be involved in any capacity on the same project.
1.3.1.4 A firm, who has paid tender fee for the tender document in their name, can submit the
tender either as an individual firm or in JV/ Consortium.
1.3.1.5 Any Central or State Government Organisation/ department/ Public Sector
Undertaking/ other Government entity including Delhi Metro Rail Corporation and/or
other Metro Rail Corporations/ Multilateral/ Bilateral funding agencies must not have
blacklisted or debarred the tenderer (any member in case of JV/ Consortium) as on
the due date of online tender submission. The tenderer should submit an undertaking
to this effect in Appendix – 7 of LOT given in the tender document.
1.3.1.6 The Tenderer (any member in case of JV/Consortium) for the works/services awarded
during last ten years ending on 30th April 2023;
a. must not have been imposed maximum liquidated damages of 10% of the
contract value in a contract or penalty of 10% (or more) of the contract value.
b. The tenderer should submit an undertaking to this effect in Appendix – 13 of
Letter of Tender.
1.3.1.7 If there is any misrepresentation of the facts with regards to the undertaking(s) and/or
any other details submitted, the same will be considered as “Fraudulent practice” and
such tenders will be summarily rejected.
1.3.1.8 The Tenderer (any member in case of JV/ Consortium) must not have suffered
bankruptcy or insolvency and corporate debt restructuring during the previous 36
months from the last date of online tender submission. The Tenderer should submit
an undertaking to this effect in Appendix – 14 of Letter of Tender.
1.3.1.9 Lead Partner and other Partners in a JV/ Consortium
a. The lead partner must have a minimum of 40% participation in the JV/
Consortium and the lead partner must have a higher share than all other
partner.
b. Other Partners should have 26% participation in the JV/ Consortium each.

Package BHIN-16
c. Number of JV/Consortium Members shall not be more than three.

d. The Tenderer (all members in case of JV/Consortium) shall clearly and
unambiguously define the role and responsibilities for each member in the JV
agreement/MOU providing clearly that any abrogation/subsequent re-
assignment of any responsibility by any partner of JV/Consortium in favour of
other JV/ Consortium partner or any change in constitution of partners of JV/
Consortium (without written approval of the Client) from the one given in JV
agreement /MOU at tender stage, will be treated, as ‘breach of contract
condition’ and/or ‘concealment of facts’ (as the case may be). They shall
provide an MOU as specified in Appendix – 4 of Letter of Tender.
1.3.2 Minimum Eligibility Criteria
1.3.2.1 The Tenderer shall submit details of Work Experience previously executed by them to
be considered qualified for the minimum eligibility criteria.
Documentary proof should be submitted, namely; client completion certificates clearly
indicating the nature and scope of services, actual completion costs, actual completion
dates. Tenders submitted without this documentary proof shall not be evaluated.
In case the work is executed for a private client the following shall be submitted: copy
of the work order(s), bill of quantities, details of payments received, T.D.S. certificates
for all payments received (to be certified by Statutory Auditor/ practicing Chartered
Accountant) and copy of the final/last bill paid.
In case of JV/ Consortium, quantum of the work(s), if completed by the same JV/
Consortium shall be considered. However, if the quantum of work(s) were done by
them in JV/ Consortium having different constituents, then the qualifying quantum of
work(s) as per their percentage participation in such JV/ Consortium shall be
considered. This is to be substantiated with documentary evidence.
For executed services, the value of service done shall be updated to the end of 30th
April 2023 price level assuming 5% inflation for Indian Rupees per year and 2% for
foreign currency portions per year. The exchange rate of foreign currency shall be
applicable 28 days before the last date of online Tender submission.
1.3.2.2 Services Experience
The tenderers will be qualified only if they have successfully completed “Similar
Services” ** as given below within the past 10 years ending on 30th April 2023:
a. At least one contract of “Similar Services/” ** of value of 80% of the declared
cost of work i.e., INR 23 Crore
Or
b. At least two contracts of “Similar Services” ** each of value of 50% of the
declared cost of work i.e., of INR 14 crore
or
c. At least three contracts of “Similar Services” ** each of value of 40% of the
declared cost of work i.e., of INR 11 Crore.
And
d. In case of JV/Consortium, lead member must have executed “Similar
Services” ** from one contract of minimum INR 11 crore and non-lead partner
must have executed Design Verification Engineer (DVE) / Proof Checking
Consultant / Lead Design Checker services / detailed design consultants for

Package BHIN-16
construction of Elevated Viaduct / Elevated stations (Architecture/ structural/

MEP) /tunnel / underground stations (Architecture/ structural/ MEP) from one
Contract of minimum INR 7 crore (26% of the declared value of work) for
Railway/Metro rail projects.
** “Similar Services” for this contract shall be “Design Verification Engineer (DVE) /
Proof Checking Consultant / Lead Design Checker / Detailed Designer services for
construction of Elevated Viaduct including stations (Architecture/ structural / water
supply/ sewerage/ drainage) and tunnelling work for Railway/Metro rail projects
including underground stations (Architecture / structural/ water supply / sewerage/
drainage).”
The Tenderer should submit details of Work Experience in the proforma of Appendix
–10 of Letter of Tender.
1.3.2.3 Financial Standing
Financial data for last five audited financial years has to be submitted by the Tenderer
in Appendix – 11 of LOT along with audited financial statements.
The financial data in the prescribed format shall be endorsed /signed in original and
stamped by a Chartered Accountant along with the CA’s membership number and
UDIN.
The Tenderers will be qualified only if they have minimum financial capabilities as
below:
a. T1 – Liquidity
The Liquidity of the tenderer should be minimum INR 1.2 Crore. The Liquidity
will be calculated based on following formula:
Liquidity = WC + C - EC
Where;
WC = Working Capital, calculated by {Current Assets – (Current Liabilities +
Provisions)}, as per latest audited balance sheet
C = all available credits including lines of credit, overdraft facilities and other
financial means
EC = Monthly Existing Commitments, which is the sum total of monthly
outstanding value of all contracts that have been awarded, or for which a letter
of intent or acceptance has been received, or for contracts approaching
completion; but for which an unqualified; full completion certificate has yet to be
issued. The outstanding value and remaining contract period shall be as on 30th
April 2023.
b. T2 - Annual Turnover
The Tenderers will be qualified only if they have average annual turnover from
Verification/ DDC services of last five financial years should be ≥ INR 7.2 Crore.
The average annual turnover of JV / Consortium will be based on percentage
participation of each member.
Example: Let Member-1 has percentage participation = M and Member - 2 has = N.
Let the average annual turnover of Member-1 is “A” and that of Member-2 is “B‟, then
the average annual turnover of JV will be = (AM+BN) /100
1.3.3 Bid Capacity Criteria

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1.3.3.1 Bid Capacity

1.3.4 The tenderers will be qualified only if their available bid capacity is more than the
approximate cost of work as per NIT.
Requirement
Financial Criteria Single JV/ Consortium
Entity Combined Each Partner
Bid Capacity: Must meet Must meet the criteria by Must meet at least
Available Bid Capacity weighted average method to the percentage
should be minimum INR based on percentage participation of the
28.71 Crores participation of each criteria.
partner. [Refer Note v
[Refer Note ii below]
[Refer Note vi below] below]
Notes:
Available bid capacity will be calculated based on the following formula:
Available Bid Capacity = 2*A*N – B
Where,
A = Maximum of the value of works executed in any one year during the
last five financial years [updated to end of 30th April 2023 price level
assuming 5% inflation for Indian Rupees every year (or part thereof)
and 2% for foreign currency portions per year (or part thereof)].
N = No. of years prescribed for completion of this work (4)
B = Value of existing commitments, as on 30th April 2023 for on-going
construction works for next 48 months period with effect from 30th
April 2023;
The value of existing commitments for on-going construction works during the period 48
months period with effect from 30th April 2023 has to be submitted by the tenderer in
Appendix – 12 of LOT. This data shall be certified by a Chartered Accountant with his
stamp and signature in original and with his membership number and UDIN.
The Tenderer should submit details of Bid Capacity in the proforma of Appendix – 19 of
LOT.
Example in case of each partner of JV/Consortium: Member-1 has percentage
participation = M and member-2 has percentage participation = N. If minimum bid
capacity required is “W” then bid capacity of member-1 ≥ W M/ 100 and bid capacity of
member-2 ≥ W N /100.
Example for weighted average method: Let Member-1 has percentage participation = M
and Member-2 has = N. Let the Bid Capacity of Member-1 is “A” and that of Member-2 is
“B”, then the Bid Capacity of JV will be = (AM+BN) / 100.
Tender submissions shall be considered for further evaluation, only if they meet Minimum
Eligibility (Sub-Clause 1.3.2 of ITT) & Bid Capacity, otherwise, the tender shall be
summarily rejected.

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1.4 The Tender documents

(which shall be made available as per para 1.2 Key Details of this NIT) consist of;
1.4.1 Volume I
 Notice Inviting Tender
 Instructions to Tenderers
 Letter of Tender
1.4.2 Volume II Conditions of Contract
 General Conditions of Contract
 Particular Conditions of Contract
1.4.3 Volume III Client’s Requirements
 Introduction and Project Details
 Scope of Services
 Terms of Reference
1.4.4 Volume IV Pricing Document
1.5 Tenders are open to Indian nationals who fulfil the criteria stipulated in Qualification
Criteria. A firm, who has paid tender fee for the tender documents in their name, can
submit the tender either as an individual firm or in JV/ Consortium.
1.6 The Contract shall be governed by the documents listed in Para 1.3 above along with
Bureau of Indian Standard, latest edition of CPWD Specifications, IRS Specifications,
National Building Code, guidelines issued by MoHUA, Rules and Regulations
prescribed by local authorities as applicable, Schedule of Dimensions (SOD) for
Bhopal Metro Rail Project, Recommendations of relevant national (BIS , NBC etc.) and
International standards as applicable.
All Services is to be undertaken in compliance with the requirements of Indian Law. If
no local standard exists or the applicable standard is not specified, the appropriate
and compatible internationally recognised standard or code of practice shall be
adopted.
The hierarchy of Design standards is as follows:
i. IRS
ii. Bureau of Indian Standards (BIS);
iii. Euro Norm (EN);
iv. British Standards (BS);
v. International Standards and Codes of Practice.
1.7 The Tenderers may obtain further information, if any, in respect of these tender
documents from the office of the Director (Project), Madhya Pradesh Metro Rail
Corporation Limited, 2nd Floor, Smart City Development Corporation Limited Office
Building, Kalibadi Road, BHEL, Sector A, Berkheda, Bhopal – 462022, Madhya
Pradesh, India.
1.8 All tenderers are hereby cautioned that tenders containing any material deviation or
reservations as described in the “Instructions to Tenderers” shall be considered as
non-responsive and is liable to be rejected.
1.9 The tenderers shall note the following:
Notice Inviting Tenders along with tender documents is published in the e-

Package BHIN-16
procurement portal https://etenders.gov.in/eprocure/app. Tendering processes

like download, tender queries, corrigenda, submissions, openings, evaluations,
etc. can be done through the e-procurement portal only. All the tenderers willing
to participate must be enrolled/ registered on the e-procurement portal.
Those who are not already registered, can enrol themselves using the link
“Online Bidder Enrolment” on e-procurement portal.
Possession of a valid Class III Digital Signature Certificate (DSC) is a
prerequisite for registration and participating in the tender submission activities
through this e-procurement portal. Digital Signature Certificate (DSC) must be
obtained from any Certifying Authority empanelled with the Controller of
Certifying Authority of India, details of which are available on e-procurement
portal under the link “Information about DSC”. Issuance of Digital Signature
Certificate may take at least seven to ten business days. Tenderers are advised
to plan their time accordingly and the Client shall bear no responsibility for
accepting tenders which are delayed due to non-issuance or delay in issuance
of such Digital Signature Certificates.
The e-procurement portal also contains user manuals with detailed guidelines
on enrolment and participation in the online bidding process. The user manuals
like “Notice to bidders on e-Tendering”, “Instructions for Online Bid Submission”,
“Registration of Bidders”, “Online e-Bid Submission”, etc. are available on e-
procurement portal under the link “Bidders Manual Kit”, which can be
downloaded for ready reference.
The Tenderers may report to the Client by emailing to tenders@mpmrcl.in, if
they have problem with in obtaining Digital Signature Certificate or in case of
any restrictions related to debarment on the portal.
For further information and any assistance in this regard Tenderers are advised
to contact e-procurement helpdesk by either:
a. emailing to support-eproc@nic.in
b. phone no.: (91)120-4001002, (91)120-4001005, (91)120-6277787
1.10 Tenderers shall pay the Tender Fee for cost of Tender Document, in the form of online
payment only. Tenderer shall use the online payment gateway link displayed in e-
tender procurement portal to deposit the tender fee, without which bids will not be
accepted. Service, gateway or other charges if any shall be borne by the Tenderers.
1.11 The Tender Documents and supporting information can only be downloaded online
from the e-procurement portal during the period confirmed in para 1.2 Key Details;
under Organisation: Madhya Pradesh Metro Rail Corporation Limited.
1.12 Tenderers shall pay the Tender Fee for cost of Tender Document, without which bids
will not be accepted. Service, gateway or other charges if any shall be borne by the
Tenderers.
1.13 Tenderers are requested to visit the website-procurement portal regularly for any
Client’s issued clarifications, addendum, corrigendum and/or due date extensions.
1.14 The Client shall not be responsible for any delay, difficulties and/or inaccessibility of
the downloading and/or uploading facility from the e-procurement portal for any reason
whatsoever.
1.15 The Tenderer whosoever is submitting the tender by his digital signature certificate
shall invariably upload the scan copy of the authority letter with the tender submission.
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1.16 Tender submissions under “Two Cover Bid System” will be made online only as per
Clause 5 of Instructions to Tenderer within the prescribed schedule.
1.17 Tenders shall be valid for a period of 180 days (both days inclusive i.e., the date of
submission of tenders and the last date of period of validity of the tender) from the
latest date of online submission of Tenders, as described in clause 4.18 of Instructions
to Tenderer.
1.18 The Tenderer shall submit a Tender Security as per Clause 4.19 of Instruction to
Tenderer.
1.19 The Client reserves the right to accept or reject any or all Tenders. The Client is not
bound to accept the lowest or any tender and may at any time by publishing a notice
in writing terminate the tendering process. No claim in this regard will be admissible.
1.20 The Contract will be awarded to the preferred Tenderer; as per Clause 7 of Instruction
to Tenderers; whose Tender has been determined to be substantially responsive and
compliant to the requirements contained in the Tender Documents and who has
offered the Lowest Evaluated Price subject to the quoted amount is considered to be
acceptable.
1.21 Any suit or application, arising out of any dispute or differences on account of this
Tender shall be filed in a competent court at Bhopal, Madhya Pradesh only and no
other court or any other district of the country shall have any jurisdiction in the matter.
Date: 19.05.2023 Managing Director

Place: Bhopal Madhya Pradesh Metro Rail Corporation Limited

Package BHIN-16
PART 2: INSTRUCTIONS TO TENDERERS (ITT)

2 General
2.1 General
2.1.1 Description of the Work: This Contract is for the provision of the “Design Verification
Engineer (DVE) services for construction of Elevated Viaduct including Stations,
Ramps and Tunnelling works including underground stations for Bhopal and Indore
Metro Rail Projects.”
2.1.2 The Scope of Work for this Contract is further described in the Client’s Requirements
(Volume III).
2.1.3 Source of Funds: The Client has applied loans from the various multi-lateral funding
agencies towards the part cost of the Project, and the balance cost through equity
contribution of Government of India (GoI) and Government of Madhya Pradesh
(GoMP). This tender package is proposed to be funded through equity contribution of
GoI & GoMP.
2.2 General Requirements
Proof design checking / Design Verification is the systematic review of design
assumptions, calculations, methodology, use of standards and compliance with
mandatory requirements as part of the design process by a person who holds the
necessary competencies to check design work for the discipline concerned and has
had no direct involvement in developing the design.
The selection of the appropriate level of checking for each particular deliverable is a
matter of judgement for the Design Verification Eng. and the Discipline Design
Checker and is most appropriately achieved from consideration of the consequence
of failure on a project or a specific element. The following suggestions are for
guidance:
 Satisfaction of requirements for overall suitability and performance
 Compliance with the Project Quality Plan
 Approved changes
 Consistency with other calculations, schedules and drawings
 Satisfactory interfaces between disciplines
 Compliance with standards, codes of practice, technical papers, etc.
 Completeness as per GCC Clause 5.2.2
 Review of assumptions
 Consistency with corporate practice and experience
 Dimensional accuracy and presentation.
The design checker will carry out a comprehensive examination of all aspects of the
design and ensure that it complies with the Employer’s requirements. The checker
will ensure that the calculations are transferred accurately into the design details and
drawings and specifications clauses. The checker will be responsible for checking with
due professional skill and duty of care.
The proof checker will be responsible for the applicability and accuracy of all computer
programs used and shall ensure the validity of the programs for each application. The
method of analysis employed need not be the same but the designer and checker will
consult with each other during the course of their work to ensure that the results they

Package BHIN-16
are obtaining are compatible.

2.3 Eligible Tenderers
This is an “National Competitive Bidding” e-tender and all proprietorship firms,
partnership firms, companies, corporations, consortia or joint ventures who are
involved in execution of this type of work and those who fulfil the financial soundness
and work experience criteria and other requirements laid down in Eligibility cum
Qualification Criteria and/or in this document are eligible to participate. Tenders are
open to Indian nationals only.
2.3.1 Tenderers shall not have a conflict of interest. All tenderers found to have a conflict of
interest shall be disqualified. Tenderers shall be considered to have a conflict of
interest with one or more parties in this tendering process, if:
a. a tenderer has been engaged by the Client to provide consulting services for the
preparation related to the procurement of or on the implementation of the
project;
b. a tenderer has any associates/ affiliates (inclusive of parent firms) mentioned in
subparagraph (a) above;
c. a tenderer lends, or temporarily seconds its personnel to firms or organisations
which are engaged in consulting services for the preparation related to the
procurement of or on the implementation of the project, if the personnel would
be involved in any capacity on the same project; or
d. the impartial and objective exercise of the functions of the Client, or the respect
of the principles of competition, non-discrimination or equality of treatment with
regard to the procurement procedure or contract, is compromised for reasons
involving family, emotional life, political or national affinity, economic interest or
any other shared interest. The concept of conflict of interest covers any situation
where staff members (or consultants acting on behalf) of the Client who are
involved in the conduct of the procurement procedure or may influence the
outcome of that procedure have, directly or indirectly, a financial, economic or
other personal interest which might be perceived to compromise their impartiality
and independence in the context of the procurement procedure or contract
execution.
2.4 Qualification of the Tenderer
2.4.1 The Tenderer shall submit a written power of attorney authorizing the signatory(ies)
along with Board Resolution(s) to commit the Tenderer or each member of the joint
venture/ consortium.
The Tenderer shall submit full details of his ownership and control or, if the Tenderer
is a partnership, joint venture or consortium, full details of ownership and control of
each member thereof.
2.4.2 Grounds for Exclusion
2.4.2.1 Tenderers (either natural or legal persons including any of their subcontractors) shall
not be awarded this contract if, on the date of submission of an application or of a bid
or on the date of award of a contract, they have been the subject of a conviction by
final judgment for one of the following reasons:
a. where the tenderer is bankrupt or is the subject of insolvency or winding-up
proceedings, where its assets are being administered by a liquidator or by the
court, where it is in an arrangement with creditors, where its business activities
Package BHIN-16
are suspended or it is in any analogous situation arising from a similar procedure

under national laws and regulations;
b. tenderer have not fulfilled their obligations regarding the payment of social
security contributions or taxes in accordance with the legal provisions of the
country.
c. where the client can demonstrate by any appropriate means a violation by the
tenderer of applicable obligations in the fields of environmental, social and
labour law established by national law, collective agreements or by the
international environmental, social and labour law provisions;
d. where the client has sufficiently plausible indications to conclude that the
tenderer has entered into agreements with other tenderer(s) aimed at distorting
competition;
e. where the tenderer has shown significant or persistent deficiencies in the
performance of a substantive requirement under a prior public contract, a prior
contract with the client or a prior concession contract which led to early
termination of that prior contract, damages or other comparable sanctions;
f. tenderer have been convicted within the past five years by a court decision,
which has the force of residential jurisdiction in the country where the project is
implemented, of fraud or corruption or any other Prohibited Conduct committed
during the procurement or performance of a contract, unless they provide
supporting information together with their Covenant of Integrity which shows that
this conviction is not relevant in the context of this project;
g. tenderer is listed for financial sanctions by the National and /or any International
for the purposes of fight against terrorist financing or threat to international
peace and security;
h. tenderer including JV/ Consortium members should not be excluded by the
International Institutions or any major Multilateral Development Bank (including
World Bank Group, African Development Bank, Asian Infrastructure Investment
Bank, Asian Development Bank, European Bank for Reconstruction and
Development, European Investment Bank or Inter-American Development
Bank) from participation in a tendering procedure on the grounds of Prohibited
Conduct as defined in the Covenant of Integrity.
i. where the Client can demonstrate by appropriate means that the tenderer is
guilty of grave professional misconduct, which renders its integrity questionable;
j. where a conflict of interest within the meaning of Sub-Clause 2.3.1 above cannot
be effectively remedied by other less intrusive measures;
k. where a distortion of competition from the prior involvement of the tenderer in
the preparation of the procurement procedure, as referred to in Sub-Clause
2.3.1 above, cannot be remedied by other, less intrusive measures;
l. where the tenderer has been guilty of serious misrepresentation in supplying the
information required for the verification of the absence of grounds for exclusion
or the fulfilment of the selection criteria, has withheld such information or is not
able to submit the supporting documents required pursuant to sub-clause 2.4.4
below; or
m. where the tenderer has undertaken to unduly influence the decision-making
process of the client, to obtain confidential information that may confer upon its

Package BHIN-16
undue advantages in the procurement procedure or to negligently provide

misleading information that may have a material influence on decisions
concerning exclusion, selection or award.
2.4.2.2 Notwithstanding point (a) of Sub-Clause 2.4.2.1 above, Client might not exclude a
tenderer which is in one of the situations referred to in that point, where the Client has
established that the tenderer in question will be able to perform the contract, taking
into account the applicable national rules and measures on the continuation of
business in the case of the situations referred to in point (a).2.4.1.3 . Any tenderer
that is in one of the situations referred to in the above paragraph may provide evidence
to the effect that measures taken by the tenderer are sufficient to demonstrate its
reliability despite the existence of a relevant ground for exclusion. If such evidence is
considered as sufficient, the tenderer concerned will not be excluded from the
procurement procedure.
2.4.2.3 For this purpose, the tenderer shall prove that it has paid or undertaken to pay
compensation in respect of any damage caused by the criminal offence or misconduct,
clarified the facts and circumstances in a comprehensive manner by actively
collaborating with the investigating authorities and taken concrete technical,
organizational and personnel measures that are appropriate to prevent further criminal
offences or misconduct.
2.4.2.4 The measures taken by the tenderer will be evaluated taking into account the gravity
and particular circumstances of the criminal offence or misconduct. Where the
measures are considered to be insufficient, the tenderer shall receive a statement of
the reasons for that decision.
2.4.2.5 Tenderers will also be required to confirm and declare that no agent, middleman or
any intermediary has been, or will be, engaged to provide any services, or any other
items of work related to the award and performance of this contract.
2.4.3 Prohibited Conduct
2.4.3.1 Prohibited Conduct includes corruption, fraud, coercion, collusion, obstruction, money
laundering and financing of terrorism defined as follows:
a. A corrupt practice, is the offering, giving, receiving, or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party.
b. A fraudulent practice, is any act or omission, including a misrepresentation that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation.
c. A coercive practice, is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party.
d. A collusive practice, is an arrangement between two or more parties designed
to achieve an improper purpose, including influencing improperly the actions of
another party.
e. Money laundering is,
the conversion or transfer of property, knowing that such property is
derived from criminal activity or from an act of participation in such activity,
for the purpose of concealing or disguising the illicit origin of the property
or of assisting any person who is involved in the commission of such
activity to evade the legal consequences of his action;

Package BHIN-16
the concealment or disguise of the true nature, source, location,

disposition, movement, rights with respect to, or ownership of property,
knowing that such property is derived from criminal activity or from an act
of participation in such activity;
the acquisition, possession or use of property, knowing, at the time of
receipt, that such property was derived from criminal activity or from an act
of participation in such activity;
participation in, association to commit, attempts to commit and aiding,
abetting, facilitating and counselling the commission of any of the actions
mentioned in the foregoing points.
2.4.3.2 The Client will declare a firm ineligible, either indefinitely or for a stated period of time,
for any Client’s contract, if at any time determines that the firm has engaged in
Prohibited Conduct in competing for, or in executing, a borrowed financed contract in
general.
2.4.4 Each Tenderer (each member in the case of joint venture or consortium or partnership)
is required to confirm and declare with their Tender that they (as the case may be)
have not engaged in any fraudulent and corrupt practice as defined in 2.4.3.1 above
and that no agent, middleman or any intermediary has been, or will be, engaged to
provide any services, or any other item or work related to the award and performance
of this Contract and declare that no agency commission or any payment which may
be construed as an agency commission has been, or will be, paid and that the tender
price will not include any such amount. To fulfil this requirement, the Tenderer (each
member in case of JV / Consortium) shall sign and execute the declaration given as
Appendix – 8 of Letter of Tender.
If the Client subsequently finds these have not been provided, the Client reserves the
right to declare the Tenderer as non-compliant and declare any Contract if already
awarded to the Tenderer to be null and void.
2.4.5 Canvassing or offer of an advantage or any other inducement by any person with a
view to influencing acceptance of a Tender will be an offence under laws of India.
Such action will result in the rejection of the Tender, in addition to other punitive
measures.
2.4.6 If it is established to the required standards that a project-related party has engaged
in Prohibited Conduct in the course of a procurement process or implementation of a
contract to be financed, the Client:
a. may seek appropriate remediation of the Prohibited Conduct to its satisfaction;
b. may declare ineligible such project-related party to be awarded the contract;
and/or
c. may withhold the contract award and may apply appropriate contractual
remedies, which may include suspension and cancellation, unless the
Prohibited Conduct has been dealt with to the satisfaction of the Client.
2.5 One Tender per Tenderer
A Tenderer including any member of JV/ Consortium shall submit only one tender in
the same tendering process, either individually as a Tenderer or as a partner in a JV
or Consortium. If a Tenderer submits or participates in more than one Tender, all the
tenders in which the Tenderer has participated either as sole Tenderer or as a member
of JV or Consortium shall be considered invalid and disqualified. No Tenderer can be

Package BHIN-16
a subcontractor while submitting a Tender individually or as a partner of a JV/

Consortium in the same tendering process.
2.6 Cost of Tendering
The Tenderer shall bear all costs associated with the preparation and submission of
their Tender and the Client will in no case be responsible or liable for any costs
regardless of the conduct or outcome of the tender process.
2.7 Site Visits
2.7.1 The Tenderer is advised to visit and examine the Site of Works and its surroundings
and obtain any information that may be necessary for preparing their Tender. The
costs of visiting the Site shall be borne by the Tenderer. It shall be deemed that the
Tenderer has undertaken a visit to the Site and is fully aware of the prevalent site
conditions prior to their Tender submission.
The Tenderer’s personnel will be granted Client permission on request to enter the
Client’s Right of Way. The Tenderer will indemnify the Client during any site visit by
their personnel from any liability including death, personal injury, loss of or damage to
property and any other loss, damage, costs and expenses incurred.
3 Tender Documents
3.1 Tender Documents
3.1.1 The Tenderer is expected to examine carefully the contents of all the Client’s Tender
documents. Failure to comply with the requirements of the Tender documents will be
at the Tenderer’s own risk. Tenders that are not substantially responsive to the
requirements of the Tender documents will be rejected.
3.1.2 The Tenderer shall not make or cause to be made any alteration, erasure or
obliteration to the text of the Tender Documents.
3.2 Clarification of Tender Documents
3.2.1 The Tenderer shall check completeness of the Client’s documents against page
numbers given in the indexes and summaries. In the event of discovery of any
discrepancy, the Tenderer shall inform the Client’.
3.2.2 Should the Tenderer for any reason be in doubt about the meaning of anything
contained in the Notice Inviting Tender, Tender Documents or the Client’s
Requirements etc., the Tenderer shall seek clarification from the authority as
confirmed in NIT para 1.2[Key Details]. Queries/ clarifications from tenderers after due
date and time shall not be acknowledged.
3.2.3 The Client will respond in writing to any Tenderer request for clarification received in
writing prior to the last date of receiving clarifications as mentioned in the NIT. All the
response(s) will only be uploaded to the e-portal. Communications between the
Tenderer and the Client shall only be in writing.
3.2.4 Except for Client issued addendums, corrigendum and clarifications on the e-portal,
no written or verbal communication, representation or explanation will be provided by
any employee of the Client or the Engineer.
3.2.5 Correspondence: All correspondence from the Client will be issued by the authority as
confirmed in NIT para 1.2 [Key Details].
3.3 Pre-Bid Meeting
3.3.1 A Pre-Bid meeting shall be held on the date and location given in the NIT.
3.3.2 The purpose of the meeting will be to clarify issues and to answer questions on any
Package BHIN-16
matter that may be raised by Tenderers.

3.3.3 The Tenderer is requested to submit any question in writing through e-Procurement
portal before the last date of seeking clarification stated in the NIT. The Tenderers are
advised to submit a copy of the queries in soft copy [word/ excel format] also by
emailing to tenders@mpmrcl.in in the following format
Reference Reference Reference to tender
S.no Queries
Volume Section document clause
3.3.4 The text of the questions raised by all Tenderers and the responses given will be
uploaded to the e-procurement portal. Any modification of the Tender Documents
which may become necessary as a result of the Pre-Bid meeting shall be made by the
Client through the issue of an Addendum/ Corrigendum pursuant to clause 3.4 below.
3.3.5 The prospective Tenderer may depute their representative, must be with authorisation
letter and valid ID proof. However, non-attendance at the Pre-Bid meeting will not be
a cause for disqualification of a Tenderer.
3.4 Amendment to Tender Documents
3.4.1 During the tender period, prior to deadline of submission of tender, the Client may
issue further instructions to Tenderers or any modifications to existing Tender
documents in the form of an addendum/corrigendum. Such an amendment in the form
of addendum/corrigendum will be made available to all Tenderers at the website-
procurement portal https://etenders.gov.in/eprocure/app.
3.4.2 Addenda/Corrigenda shall take priority over the Notice Inviting Tender and Tender
Documents issued previously. Tenderers shall acknowledge receipt of all Client issued
addenda/ corrigenda and include them in their Tender submittal.
3.4.3 In order to afford Tenderers reasonable time for preparing their tenders after taking
into account such amendments, the Client may, at his discretion, extend the deadline
for the submission of tenders in accordance with Sub-Clause 5.1.4 of Instructions to
Tenderers.
4 Preparation of Tender
4.1 Language
Tender and all accompanying documents shall be in English. In case any
accompanying printed literature is in other languages, it shall be accompanied by an
English translation. The English version shall prevail in matters of interpretation.
4.2 Documents Comprising the Tender
4.2.1 The Tenderer shall, on or before the stipulated date and time given in the Notice
Inviting Tender (NIT), submit their Tender online only on the e-procurement portal
https://etenders.gov.in/eprocure/app comprising of following:
4.2.1.1 E-Covers;
a. First Cover (“FEE/PREQUAL/TECHNICAL”) consisting of;
Tender Fee and Earnest Money Deposit/Tender Security, and
Technical Bid prepared as per the Tender Documents.
b. Second Cover (“FINANCE”) consisting of;
Pricing Document: The “Financial Bid” shall be as provided in Pricing Document

Package BHIN-16
(Volume IV), including various schedules, attachments and/or forms, as

applicable. The Tenderer shall prepare their “Financial Bid” as per the provisions
made in the excel workbook.
The Tenderer shall submit their Financial Bid through online only.
4.2.1.2 Technical Bid
Technical Bid of this submission shall contain the documents referred to in the
subsequent clauses 4.2.2 (a); (b); (c); (d); (e); (f); (g); (h); (i); (j); (k); (l); (m); (n); (o);
(p); (q); (r); (s); (t); (u) and all annexure & Appendixes of ITT and LOT respectively.
4.2.1.3 Financial Bid (Second Cover) as per the provisions given in clause 4.15 below.
The Financial Bid shall contain a completed Pricing Document (Volume IV).
4.2.1.4 Should any further documents be required pursuant to clause 4.2.2 and 4.2.3, the
Tenderer will be instructed by the Client which Package of the Tenderer’s submission
is to contain such documents.
4.2.2 The Tenderer shall submit the following documents, duly completed which in the event
of acceptance of the Tender, and shall form part of the Contract:
a. Letter of Tender (Without appendices);
b. Appendix – 1 to the Letter of Tender; Conditions of Contract;
c. Appendix – 2 to the Letter of Tender; Undertaking for Pricing Document (see
clause 4.10 and 4.15), along with Pricing Document (Volume – IV), including
Preamble, instructions, etc. duly signed and copy of all documents of Financial
Bid with prices left blank. The Financial Bid along with prices shall be uploaded
in Second Cover “FINANCE” only;
d. Appendix – 3 to the Letter of Tender: Tenderer’s Technical Proposals (see
clause 4.6 below);
e. Appendix – 4 to the Letter of Tender: General Information about the Tenderer;
f. Appendix – 5 to the Letter of Tender: Staffing Schedules and Organization Chart
(see clause 4.12 below);
g. Appendix – 6 to the Letter of Tender: Tender Index;
h. Appendix – 7 to the Letter of Tender: Undertaking for Not Backlisted or Debarred
i. Appendix – 8 to the Letter of Tender: Undertaking for corrupt & fraudulent
practices;
j. Appendix – 9 to the Letter of Tender: Copyright Undertaking;
k. Appendix –10 to the Letter of Tender: Work Experience;
l. Appendix – 11 to the Letter of Tender: Financial Data (Financial Standing);
m. Appendix – 12 to Letter of Tender: Financial Data (Work in Hand);
n. Appendix – 13 to the Letter of Tender: Undertaking for Not Being Imposed of
Liquidated Damages/ Penalty;
o. Appendix – 14 to the Letter of Tender: Undertaking for Financial stability;
p. Appendix – 15 to the Letter of Tender: Undertaking for Downloaded Tender
Document;
q. Appendix – 16 to the Letter of Tender: Undertaking for Conflict of Interest and
Ground for Exclusions;
r. Appendix – 17 to the Letter of Tender: Litigation History;

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s. Appendix – 18 to the Letter of Tender: Proforma for Statement of Proposed

Minor Deviations – The tenderer may submit minor deviations in this appendix
and a confirmation that price of every such minor deviation has been given in
the Financial Bid. Minor deviation may be in the Client’s requirements or in any
other tender requirement which do not alter the basic functionality of the work or
part thereof. If there is no such minor deviation, then the tenderer must write “No
Deviations” in this appendix. Tenderer to note that such minor deviations may
or may not be accepted by the Client and the tenderer shall not have any right
to claim on this account. The offer in Pricing Document shall be given without
considering any deviation in tender conditions. Tenderer to see note 1 of
Appendix – 18 of LOT.
t. Appendix – 19 to the Letter of Tender: Bid Capacity
u. Any further documents which have been requested by the Client.
v. All original tender documents issued by the Client are part of Technical Bid
except the volume containing the Volume IV: Pricing Document which shall be
filled and submitted in Financial Bid. Tenderers should carefully read and note
all the conditions and provisions mentioned in original tender documents issued
by the Client and it shall be deemed that all the conditions and provisions of
these documents have been included in their tender submission and accepted
by them. The tender shall be submitted online by digital signature of the
authorized signatory of the tenderer.
4.2.3 The Tenderer shall submit with their Tender the any further documents which are
requested in writing by client after submission of the Tender by way of evaluation
documents but which may or may not form part of the Contract documents. Such
documents will be used for the purposes of evaluating and analysing the Tender but
will not form part of the Contract unless the same shall have been expressly
incorporated into the Contract in accordance with clauses 3.4.
4.2.4 The Client may obtain from the Government partial or a complete waiver of taxes,
royalties, duties, Labour cess, GST and other levies payable to various authorities.
The successful Tenderer (the DVE) shall maintain meticulous records of all the taxes
and duties paid and provide the same with each running bill. If the waiver becomes
effective, the Contractor will be advised on the process to be followed to obtain the
refund from the concerned authority. The successful Tenderer (the DVE) shall arrange
for the remittance of the refund to the Client. If the successful Tenderer (the DVE) fails
to remit such amounts to the Client, the same shall be recovered from amounts due
for payment to the successful Tenderer (the DVE).
4.2.5 The Tenderer shall be solely responsible to find out and ascertain whether the Works
or any part thereof will qualify and be eligible for the concessional duty benefits under
Chapter 98.01 of Custom Tariff Act for project Imports. The Tenderer shall also
ascertain the applicability of Custom Duty and any other taxes, duties cess, etc. and
inclusion of the same in their quoted price. After award of the Contract, the Employer
at the written request of a Contractor shall facilitate for obtaining sponsoring/
recommendation letter from the Ministry of Housing & Urban Affairs (MoHUA), GoI for
getting themselves registered for availing Project Import benefits. However, the
responsibility to avail the concessional benefits under Project Import or otherwise as
extended in accordance with the law of the land shall solely rest with the Contractor.
The coordinating officer for the said purpose in the Employer’s office shall be “Director

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(Project), Madhya Pradesh Metro Rail Corporation Limited, 2nd Floor, Smart City
Development Corporation Limited Office Building, Kalibadi Road, BHEL, Sector A,
Berkheda, Bhopal – 462022, Madhya Pradesh, India”.
4.2.6 The Tenderer's attention is directed to the provisions and requirements of Pricing
Document, Volume IV. Tenderers are advised to quote the price exclusive of GST but
inclusive of all central, state, local taxes, duties, levies, cess and all other incidental
charges required to fulfil the tender conditions along with statutory deduction viz., TDS
towards Income Tax, GST, Labour cess etc. after considering Sub-Clauses 4.2.4 &
4.2.5 of ITT and Sub-Clause 7.1 of GC & PC of Volume-II.
4.3 Letter of Tender
The Letter of Tender shall be completed and signed by a duly authorized and
empowered representative of the Tenderer. If the Tenderer comprises a partnership,
consortium or a joint venture the Letter of Tender shall be signed by a person who is
duly authorised by each member or participant thereof or by authorised signatory of
each member. Signatures on the Letter of Tender shall be witnessed and dated.
Copies of relevant powers of attorney shall be attached.
4.4 Outline Quality Plan
4.4.1 The Tenderer's attention is directed to the requirements of GC Sub-Clause 4.9 and
the Employer’s Quality Plans (if any).
4.5 Outline Safety, Health and Environment Plan (Deleted)
4.6 Tenderer's Technical Proposals
4.6.1 The Tenderer shall submit with Appendix – 3 the Tenderer’s Technical Proposals as
described in Annexure – 1 of Instructions to Tenderer.
4.6.2 The Tenderer shall be required to amplify, explain and develop the Tenderer’s
technical proposals in detail to establish compliance with the Client's Requirements.
Only those aspects of the Tenderer’s Technical Proposal that the Client (at sole
discretion) considers clearly conforming, will form part of the Contract.
4.7 Designs
The Tenderer's attention is directed to the any design requirements as mentioned in
Tender Documents.
4.8 Tender Programme (Deleted)
4.9 Manufacture, Installation and Construction Methods (Deleted)
4.10 Schedule of Payments
4.10.1 The Schedule of Payment(s) is/ are provided in the Pricing Document (Volume IV)
according to which the interim on account stage payment and/or payment on the basis
of actually executed quantities shall be made to the successful Tenderer (the DVE).
4.11 Sub-Contracts (Deleted)
4.12 Staffing Schedule and Related Details
4.12.1 The Tenderer's attention is directed to the Volume III Client’s Requirement.
4.12.2 The Tenderer shall submit with their Tender as Appendix – 5 to the LOT a staffing
schedule containing the names, qualifications, professional experience and corporate
affiliation of all proposed management personnel (above the level of shift supervisor)
and specialists for this work. Details shall be included for all such personnel whether
directly employed or engaged on a consultancy or advisory basis and whether

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associated with the design or the construction of the Works. The submission shall
include a provisional management structure and organisation chart showing areas of
responsibility, relative seniorities and lines of reporting. The proposed staffing plan
shall be in conformity with the requirements referred in Sub-Clause 4.12.1 above.
4.12.3 The Tenderer shall include their proposals for their Co-ordination Control Team and
include the name and qualifications of the Team Leader responsible for the interface
co-ordination with Designated/ interfacing Contractors at Bhopal and Indore Metro Rail
Project.
4.12.4 The Tenderer shall provide full details of the Key Personnel confirmed in Volume III
Client’s Requirement.
4.13 The DVE software
4.13.1 The Contractor shall use any suitable software for validation / verification to complete
the work as per the schedule and within the completion period.
4.14 Proposals for Use of Work Areas (Deleted)
4.15 Pricing Document
4.15.1 The Tenderer shall complete the Pricing Document, Volume IV, in accordance with
the instructions provided. The completed Pricing Document, including any minor price
deviations in Appendix – 18 of LOT shall be submitted.
4.15.2 The price of each such minor deviation will be the price which the Tenderer agrees to
reduce from their quoted offer in Pricing Schedule if deviation is agreed by the Client.
Any such deviation without a price shall not be considered and will be treated as
withdrawn by the Tenderer. Any other deviation mentioned anywhere in the
submission other than in Appendix – 18 of LOT shall be considered as withdrawn
without any confirmation from the tenderer.
4.15.3 The Tenderer is to note the Key Dates. These are to be strictly adhered to, and failure
to achieve each Key Date will lead to Delay Damages being levied. According to the
Commencement Date, the Key Dates will be converted to calendar dates.
4.16 Pricing of Conditions, Qualifications, Deviations, etc.
4.16.1 The Tenderer shall submit a Tender which conforms to the Client’s Requirements
without material deviation(s) or reservation(s). Where, a Tenderer submits an offer
subject to certain conditions, qualifications, minor deviations etc., the Tenderer shall
provide such details in the format prescribed in Appendix – 18 of LOT.
4.17 Currencies of Tender and Payment
4.17.1 The Tenderer may offer their prices in Indian Rupees only.
4.17.2 The Client shall pay the DVE for the Services in accordance with the details stated in
Volume IV [Pricing Document].
4.18 Tender Validity
4.18.1 The Tender shall be valid for a period of 180 days (both days inclusive i.e., the date
of submission of tenders and the last date of period of validity of the tender) from the
latest Date of online submission of Tenders. In exceptional circumstances, prior to
expiry of the original tender validity period, the Client may request that the Tenderers
extend the period of validity for a specified additional period. The request and the
responses thereto shall be made in writing or through e-mail. A Tenderer may refuse
the request without any exclusion action against their Tender Security. A Tenderer
agreeing to the request will not be required or permitted to modify their tender.

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4.19 Earnest Money Deposit (EMD) / Tender Security

4.19.1 Tenderer shall use the online payment gateway link displayed in e-tender procurement
portal to deposit an EMD / Tender Security of INR 29.00 Lakh.
Refund/Settlement process of EMD amount are as below:
a. After submission of technical evaluation report on the eProcurement portal the
EMD of Technically Qualified bidders will remain in the pooling account’ and
The EMD amount of the bidders other than Technically Qualified bidders will be
refunded to the bidder’s account automatically;
b. After submission of financial evaluation report on the eProcurement portal. the
EMD of L1 bidder will remain in the pooling account’ and The EMD amount of
the bidders other than successful/L1 bidder will be refunded to the bidder’s
account;
c. After submission of Performance Bank Guarantee (PBG), the EMD amount of
the successful bidder will be refunded to bidder’s account.
d. The EMD / tender security shall be forfeited if the bidder:
Withdraws or amends its / his tender
Impairs or derogates from the tender in any respect within the period of
validity of the tender
If the bidder does not accept the correction of his bid price during
evaluation
If the successful bidder fails to sign the contract or furnish the required
performance security within the specified period as per clause 7.6 of ITT.
4.19.2 If an acceptable EMD/Tender Security is not submitted by a tenderer as mentioned
above, then tender(s) of such tenderer(s) shall be rejected considering it as non-
responsive and their Technical Bid shall not be opened and if opened then it will NOT
be evaluated. No post bid clarification shall be sought in this regard.
4.19.3 The following stipulations shall constitute sufficient ground for Exclusion under sub-
clauses 2.3.2.1 (e) and/or (i) of ITT, and/or shall be treated as fraudulent practice of
the “Prohibited Conduct” under sub-clause 2.3.3.1 (b) of ITT.
a) If the Tenderer resile or withdraws their Tender during the Tender validity; or
b) If the Tenderer does not accept the correction of their Tender price, pursuant to
Sub- clause 6.5.2 below; or
c) If, the successful Tenderer having been notified of the acceptance of their Tender
by the Employer during the Tender validity, the successful Tenderer
fail or refuse to furnish the unconditional acceptance of Letter of
Acceptance within the time limit specified in Sub-Clause 7.3.1 of ITT;
and/or
fail or refuse to furnish the Performance Security in accordance with Sub-
Clause 7.5.1 of ITT and Sub-Clause 4.2 of General Conditions and
Particular Conditions (if any); and/or
fail or refuse to enter into a Contract within the time limit specified in Sub-
Clause 7.4.1 of ITT
The Tenderer (all constituent member(s) of the JV/ Consortium as the case may be)
that is in any of the situations referred to in above paragraph, shall be excluded from

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participating in the re-tender of this work as well as may be excluded in any other
tender of the Employer as the case may be.
4.20 Tender Index
The Tenderer shall include with their Tender an index (Appendix – 6) which cross
references all of the Client’s Tender requirements.
4.21 Format and Signing of Tender
4.21.1 The Tenderer shall prepare and submit their Tender comprising of (but not limited to)
documents described in clause 4.2 above of these Instructions.
4.21.2 All documents which are to be submitted as scanned documents shall be typed or
written in indelible ink (in the case of copies, legible photo/ scanned copies are also
acceptable) and all the pages shall be signed by a person or persons duly authorized
to sign on behalf of the Tenderer before scanning and uploading (in pdf format),
pursuant to sub-clauses 2.4 above, as the case may be. All pages of the Tender,
where entries or amendments have been made, shall be initialled and dated by the
person or persons signing the Tender.
4.21.3 Documents submitted in Tender submission shall contain no alterations, omissions or
additions, except those to comply with instructions issued by the Client, or as
necessary to correct errors made by the Tenderer, in which case such corrections
shall be initialled and dated by the person or persons signing the Tender before
scanning and uploading/submitting.
5 Submission of Tenders
5.1 Submission
5.1.1 Online Submission:
5.1.1.1 Tender submissions will be made online only. The bid shall be submitted online via
the e-tendering portal under “Two Cover Bid System” within the prescribed
schedule.
a. First Cover (“FEE/PREQUAL/TECHNICAL”) consisting of;
Tender Fee and Earnest Money Deposit/Tender Security, and
Technical Bid prepared as per the Tender Documents.
b. Second Cover (“FINANCE”) consisting of:
Pricing Document:
The “Financial Bid” shall be as provided in Pricing Document (Volume IV),
including various schedules, attachments and/or forms, as applicable. The
Tenderer shall prepare their “Financial Bid” as per the provisions made in the
excel workbook.
The Tenderer shall submit their Financial Bid through online only.
5.1.1.2 Any other mode of tender submissions through email or physical submission in hard
copy, etc. shall not be acknowledged and disregarded.
5.1.1.3 Any prices indicated or mentioned in “true copy of all documents of Financial Bid with
prices left blank” in First Cover (Technical Bid); may be considered to be non-compliant
and the tender shall be liable to be rejected.
5.1.2 “Tender Security” and “Cost of Tender Document” after due date and time shall not be
accepted and online tenders of such tenderers shall be rejected summarily.
5.1.3 The Client will not be responsible for delay, loss or non-receipt of “Tender Security”

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and “Cost of Tender Document”.

5.1.4 The Client may, at their discretion, extend the deadline for submission of tenders by
issuing an amendment, in which case all rights and obligations of the Client and the
Tenderer previously subject to the original deadline will thereafter be subject to the
deadline as extended.
5.2 Late Tenders
5.2.1 Tenders have to be submitted online on the e-tendering website
https://etenders.gov.in/eprocure/app.
5.2.2 Submission of Tenders shall be closed on the e-tendering website on the time and
date stated in the NIT after which no tender shall be accepted.
5.2.3 The server time of the e-procurement portal will be considered as the standard time
for referencing the deadlines for submission of the Tenders, opening of Tenders etc.
5.2.4 It shall be the responsibility of the Tenderer to ensure that their tender is submitted
online on website-procurement portal https://etenders.gov.in/eprocure/app before the
deadline of submission.
5.3 Modification, Substitution and Withdrawal of Tenders
5.3.1 Except where expressly permitted by these instructions, the Tenderer shall not make
or cause to be made any alteration, erasure or obliteration to the text of the documents
prepared by the Client and submitted by the Tenderer with or as part of their Tender.
5.3.2 No Tender shall be allowed to be modified/substituted by the Tenderer after the
deadline for submission of Tenders.
5.3.3 The Tender submitted online will be taken as a final bid.
5.3.4 Withdrawal of a Tender during the interval between the deadline for submission of
bids and the expiration of the period of Tender validity specified in the Letter of Tender
shall result in exclusion as per sub-clause 4.204.19.1 above and Tender Security.
6 Tender Opening and Evaluation
6.1 Tender Opening
6.1.1 Tenders for which an acceptable notice of withdrawal has been submitted pursuant to
clause 5.3 above shall not be opened.
6.1.2 Non-receipt of “EMD / Tender Security” and / or “Tender fee”.
a. Tenders of those tenderers who have not submitted “Cost of Tender
Documents” shall not be opened.
b. Tenders of those tenderers who have not submitted valid “EMD / Tender
Security” (that is, not submitted or not as per prescribed format) and valid “Cost
of Tender Documents” shall be considered as non-responsive and liable to be
rejected summarily.
6.1.3 The Technical Bid of all Tenderers who have submitted a valid cost of tender
document shall be opened in the presence of representatives of tenderers who choose
to attend on date & time as mentioned in tender document in the office of the Director
(Proposal), Madhya Pradesh Metro Rail Corporation Limited, 2nd Floor, Smart City
Development Corporation Limited Office Building, Kalibadi Road, BHEL, Sector A,
Berkheda, Bhopal – 462022, Madhya Pradesh, India.
6.1.4 The tenderers name and such other details as the Client or their authorized
representative, at their discretion, may consider appropriate will be announced and

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recorded in the Minutes of Tender Opening at the time of tender opening.

6.1.5 The Financial Bid(s) which tenderer(s) have uploaded online will be opened on a
subsequent date; at least seven (7) days after the evaluation results of Technical Bids
are published on eProcurement portal. Financial Bids of only those tenderers whose
submissions are found substantially responsive and technically compliant as per
clause 6.4 below of ITT will be opened in the presence of qualified Tenderers or their
authorised representatives who choose to attend. The time of opening of Financial Bid
shall be informed though e-procurement portal only. Tenderer can visit to the e-
procurement portal for further information.
6.2 Confidentiality of Tender Information and Copyright
6.2.1 Any effort by a Tenderer to influence the Client or the Engineer in the process of
examination, clarification, evaluation and comparison of tenders and in decisions
concerning award of the Contract, may result in the rejection of the tenderer’s tender.
6.2.2 Except the public opening of tender, information relating to the examination,
clarification, evaluation and comparison of tenders and recommendations concerning
the award of Contract shall not be disclosed to Tenderers or other persons not officially
concerned with such process.
6.3 Clarification of Tenders
6.3.1 To assist in the examination, evaluation and comparison of tenders, the Client may at
their discretion ask any Tenderer for clarification of their tender. The request for
clarification shall be in writing through eProcurement portal and/or e-mail and the
response shall be in writing through eProcurement portal, but no change in the price
or substance of the tender shall be sought, offered or permitted except as required to
confirm the correction of arithmetic errors discovered by the Client in the evaluation of
the tenders in accordance with clause 6.5.
6.3.2 Technical evaluation of technical proposals submitted by Tenderers shall be
undertaken based on details submitted in the technical proposal only. Client may at
his discretion ask any tenderer for clarification on his submittals. The tenderer in
response to the clarification is not permitted to submit additional information not
pertaining to the clarification sought. The request for clarification and the response
shall be in writing and no response leading to material change in the submittals will be
permitted.
6.3.3 Delay/ refusal/ no-response to the request for clarification as referred in sub-clauses
6.3 and 6.4 may result in the rejection of the Tender.
6.4 Evaluation of Tenders
EMD/Tender Security and Technical Bids will first be evaluated which will cover as
below:
6.4.1 General Evaluation: Firstly, it will be determined whether each tender is
accompanied with the valid tender fee as per para 1.12 of NIT and Tender Security as
per Clauses 4.19 above, i.e., in an acceptable form. Tenders not accompanied with
the valid Tender Security (that is, not submitted or not as per prescribed format) shall
be rejected and will not be evaluated further. Other aspects of the general evaluation
will be done as per Clauses 6.4.2 below and 2.4 of ITT.
6.4.2 Evaluation of eligibility and qualification criteria – This evaluation will be done to
check if the tenderer qualifies the Qualification Criteria of as laid down in Clauses 1.3
of ITT of Qualification Criteria. Tenderers, which do not qualify in any of the criteria,

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shall not be considered for further evaluation and shall be rejected.

6.4.3 Determination of Responsiveness – Prior to the detailed evaluation of tenders, the
Client will determine whether each tender is responsive to the requirements as
stipulated in the tender documents. For the purpose of this Clause, a responsive
tender is one, which conforms to all the terms, conditions and specifications of the
tender documents without material deviation or reservation which include exceptions,
exclusions & qualifications. If a tender is not substantially responsive to the
requirements as stipulated in tender documents, it will be rejected by the Client, and
will not subsequently be permitted to be made responsive by the Tenderer by
correction or withdrawal of the non-conformity or infirmity. The financial proposal of
such Tenderer shall not be opened.
6.4.4 Evaluation of Material deviation or reservation
Each tender shall be evaluated for any material deviation or reservation. Material
deviation or reservation is one:
a. which contains any deviation in Tender Security format;
b. which affects in any substantial way, the scope, quality or performance of the
Works;
c. which limits in any substantial way, is inconsistent with the Tender Documents,
the Client’s right or the Tenderer’s obligations under the Contract; or
d. whose rectification would affect unfairly the competitive position of other
tenderers presenting responsive tenders.
Tender having any material deviation or reservation shall be disqualified and rejected.
6.4.5 Evaluation of Technical Proposal & other technical data:
6.4.5.1 The Client will evaluate the technical suitability and acceptability of the proposals as
per the Client’s requirements. The evaluation shall be based on the documents
submitted as per clause 4.2.2 and 4.2.3 above. Where a Tenderer’s technical
submittal has material deviation or reservation, their tender will be considered to be
non-compliant and will be rejected.
6.4.6 Tenders not considered substantially responsive and not full-filling the requirements
of the tender document as evaluated as per clause 6.4.1 to 6.4.5 shall be rejected by
Client and shall not be allowed subsequently to be made responsive by correction or
withdrawal of the nonconforming deviation or reservation.
6.4.7 If any tender is rejected, pursuant to clause 6.4.6, the Financial Bid of such tenderer
shall not be opened.
6.4.8 The decision of the Client as to which of the tenders are not substantially responsive
shall be final. Any representation by unsuccessful tenderers will be dealt under sub-
clause 7.2.3.
6.5 Evaluation of Financial Proposals
6.5.1 Evaluation of Financial Proposals:
6.5.1.1 All technically acceptable tenders will be eligible for opening of their financial
proposals. The Client shall notify all technically qualified Tenderers regarding opening
of the financial proposal, such tenderers may witness the financial opening. The
financial proposal(s) will then be opened online through e-procurement portal.
6.5.1.2 The evaluation of Financial Proposals by the Client will take into account, in addition
to the tender amounts, the following factors:
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a. Arithmetical errors corrected by the Client;

b. Such other factors of administrative nature as the Client may consider to have
potentially significant impact on contract execution, price and payments,
including the effect of items or unit rates that are unbalanced or unrealistically
priced.
6.5.1.3 Offers, deviations and other factors, which are in excess of the requirements of the
tender documents or otherwise will result in the accrual of unsolicited benefits to the
Client, shall not be taken into account in tender evaluation.
6.5.1.4 The quoted rate in tender shall remain fixed for full contract period. Price adjustment
shall not be provided during contract period.
6.5.1.5 Evaluation of financial offer will be based on values as per Pricing Document and rates
quoted. Price quoted for the conforming tender shall only be considered for financial
evaluation. Any alteration in the above will not be given any cognizance.
6.5.2 Correction of Errors:
6.5.2.1 Tenders determined to be technically acceptable after technical evaluation will be
checked by the Client for any arithmetical errors in computation and summation during
financial evaluation. Errors will be corrected by the Client as follows:
a. Where there is a discrepancy between amounts in figures and in words, the
amount in words will govern; and
b. Where there is a discrepancy between the unit price and the total amount
derived from the multiplication of the unit price and the quantity, the unit price
as quoted will normally govern unless in the opinion of the Client there is an
obviously gross misplacement of the decimal point in the unit price, in which
event, the total amount as quoted will govern.
6.5.2.2 If a Tenderer does not accept the correction of errors as outlined above, their tender
will be rejected and actions of exclusion as per sub-clause 2.4.2 and Tender Security
shall be taken.
6.5.3 Comparison of Tenders:
6.5.3.1 Unless otherwise specifically stated in the preamble of Pricing Document, for the
purpose of comparative evaluation of tenders received, the sum total (i.e., “Tender
Total” of “Financial Bid”) shall be considered, which shall include following: -
i. The total amount in Indian Rupees worked out from the quoted rates by the
tenderer for the given Schedules of Item Rate Components of the Financial Bid
(if any).
ii. The fixed amount of Provisional Sum, provided in the Financial Bid.
The total value of above thus obtained shall be compared amongst various Tenderers
to determine the lowest evaluated tender
6.5.3.2 Tenders will be compared in Indian Rupees (INR) only.
7 Negotiations and Award of Contract
7.1 Negotiation
7.1.1 However, the negotiations are not an essential part of the selection process it is fully
upon the client discretion and if necessary, before the contract is finally awarded the
Client may conduct negotiations with the selected consultant for discussions to freeze
the ToR, methodology, staffing and special conditions of the contract. These
discussions shall not substantially alter (or dilute) the original ToR or terms of the offer,
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lest the quality of the final product, its cost, and the initial evaluation be vitiated. The
final ToR and the agreed methodology shall be incorporated in "Description of
Services," which shall form part of the contract.
7.1.2 Financial negotiations shall only be carried out if, due to negotiations, there is any
change in the scope of work which has a financial bearing on the final prices or if the
costs/cost elements quoted are not found to be reasonable. In such negotiations, the
selected firm may also be asked to justify and demonstrate that the prices proposed
in the contract are not out of line with the rates being charged by the consultant for
other similar assignments. However, in no case such financial negotiation should
result in an increase in the financial cost as originally quoted by the consultant and on
which basis the consultant has been called for the negotiations. If the negotiations with
the selected consultant fail, the Procuring Entity may cancel the bidding procedure
and re-invite the bids.
7.2 Award
7.2.1 Subject to clause 7.3 below, the Client will award the Contract to the preferred
Tenderer whose Tender has been determined to be substantially responsive and
compliant to the requirements contained in the Tender Documents as per clause 6.4
above and who has offered the Lowest Evaluated Tender Price (i.e. Total amount of
Section BH & IN together) as per clause 6.5.3, subject to the quoted amount is
considered to be acceptable.
7.2.2 The Client shall inform all the Tenderers regarding the intent of contract award
decision including the summary of the reasons of the decision at the time when
publishing the evaluation results of the Financial Bids through the eProcurement
portal.
7.2.3 The unsuccessful Tenderers may request in writing to the Client a debriefing seeking
explanations on the grounds on which their Tenders were not selected. The Client
shall respond, in writing, to any unsuccessful Tenderers who, after the notification of
award, could request a debriefing.
7.3 Client’s Right to Accept any Tender and to Reject any or all Tenders
7.3.1 The Client is not bound to accept the lowest or any tender and may at any time by
notice in writing to the Tenderers terminate the tendering process.
7.3.2 The Tenderer should note in particular that without prejudice to the Client’s other rights
under the Contract and the Tender Security, the Client may terminate the Letter of
Acceptance or Contract, in the event that the Letter of Acceptance is accepted by the
Tenderer, but the Tenderer fails to supply the Performance Security or other specified
documents or fails to execute the Contract Agreement as per clause 7.5 below.
7.4 Notification of Award
7.4.1 Prior to the expiry of the period of tender validity prescribed by the Client, the Client;
after the evaluation results of Financial Bids are published on eProcurement portal as
per sub-clause 7.2.2 will notify the successful Tenderer in writing, that their tender has
been accepted. This letter, “the Letter of Acceptance”, shall name the sum which the
Client will pay to the Contractor in consideration of the execution, completion,
maintenance and guarantee of the works by the Contractor as prescribed by the
Contract, and this shall be “the Accepted Contract Amount”. The Letter of Acceptance
will be issued under signature of the Competent Authority of the Client. The Letter of
Acceptance will be sent in duplicate to the successful Tenderer, who will return one

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copy to the Client duly acknowledged and signed by the authorised signatory, within
one week of receipt.
7.4.2 The Letter of Acceptance will constitute a part of the Contract.
7.5 Signing of Agreement
7.5.1 The Tenderer should note that in the event of acceptance of the Tender, the Tenderer
will be required to execute the Contract Agreement in the form specified in Particular
Conditions of Contract within 35 days after the Contractor receives the Letter of
Acceptance, unless otherwise agreed. The Contractor shall register the Contract
agreement with the Registrar, Government of Madhya Pradesh at his cost, within the
strict timeline as defined under the Registration Act 1908 and amendment thereof (if
any). The cost of stamp duties and similar charges (if any) imposed by the law in
connection with entry into the contract agreement shall be borne by the consultant.
7.6 Performance Security
7.6.1 The Performance Security required in accordance with GC sub-clause 3.10 shall be
for ten percent (10%) of the Contract Price in the currency in which the Contract Price
is payable. The Performance Security shall be furnished to the Client within 14
(fourteen) days of receipt of the Letter of Acceptance. The required Performance
Security for the sum mentioned shall be submitted as given below.
7.6.2 An irrevocable Bank Guarantee issued by an Indian Scheduled Bank (meaning a bank
which has been included in the Second Schedule of Reserve Bank of India Act, 1934,
with subsequent amendments if any; including Scheduled Commercial Foreign Banks
with branch in India), excluding Cooperative Banks, payable in Bhopal/ Mumbai/ New
Delhi, in the form given in Annexure – 2 of Instructions to Tenderer.
7.6.3 In case of joint venture/consortium, the Performance Security is to be submitted in the
name of the JV / Consortium. However, splitting of the Performance Security (while
ensuring the security is in the name of JV / Consortium) and its submission by different
members of the JV / Consortium for an amount proportionate to their scope of work is
also acceptable. This shall not in any way alter the joint and several responsibilities of
the members of the JV/Consortium.
7.7 Settlement of Disputes of the Tender Process
7.7.1 Any suit or application, arising out of any dispute or differences on account of this
tender shall be filed in a competent court at Bhopal, Madhya Pradesh only and no
other court or any other district of the country shall have any jurisdiction in the matter.

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Annexure – 1 to ITT: Requirements for Tenderer's Technical Proposals

“Package BHIN-16”
Instructions to Tenderers
Annexure – 1 [As per clause 4.2.2 f and 4.6 of ITT]
Requirements for Tenderer's Technical Proposals
1 The Tenderer's attention is drawn to the Client’s Requirements and General Conditions
of Contract in which terms are defined.
2 The Tenderer's Technical Proposals shall comply, or subject to reasonable development,
be capable of complying with the Client’s Requirements in all respects. The Tenderer's
Technical Proposals shall demonstrate compliance. The Tenderer's Technical Proposals
shall confirm intended design and construction methodology.
3 Statement of Compliance
A statement from the Tenderer shall be provided to confirm the Consultant's Technical
Proposals complies with the Client’s Requirements/ Technical Specifications and that
they can be developed to become the Definitive Design without significant change other
than amplification.
4 The Tender shall be accompanied by documents in amplification of the Consultant's
Technical Proposals, which shall include:
5 Technical Notes
Such technical notes or notes on calculations necessary for understanding and explaining
the Consultant's Technical Proposals.

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Annexure – 2 to ITT: Form of Bank Guarantee for Performance Security

Annexure – 2 [As per clause 7.6 of ITT]
Form of Bank Guarantee for Performance Security
(To be stamped in accordance with Stamp Act, if any, of the country of issuing bank)
To
The Managing Director
2nd Floor, Smart City Development Corporation Limited Office Building,
Sector A, Berkheda,
(MPMRCL/ The Client)
WHEREAS …………………………………………………………. with branch office at

……………………………………. (hereinafter called the Contractor) has undertaken, in
pursuance of Tender No: …………………………… to execute and complete the Works
…………………………………………. for Bhopal Metro Rail Project (hereinafter called the
Contract).
AND WHEREAS it has been stipulated by the Client in the said Contract that the Contractor shall
furnish the Client with the Bank Guarantee from an Indian Schedule Bank (excluding Cooperative
Banks) as defined in Section 2E of RBI Act 1934 read with Second Schedule for the sum
specified herein as Performance Security its due and faithful performance of its obligations in
accordance with the Contract.
AND WHEREAS we, ……………………………………………………………………… having head
office at ……………………………………………………………. and having the branch at
………………………………………………… (hereinafter referred to as the Bank), which
expression shall unless repugnant to the context of the meaning thereof, include its successors,
administrators, executors and assigns de hereby agree to give the Contractor such Bank
Guarantee.
NOW THEREFORE
We hereby affirm that we are the Guarantor and responsible to the Client, on behalf of the
Contractor up to a total of ……………………………. (……………………………………. Only),
such sum being payable in which the Contract Price is payable and we hereby unconditionally,
irrevocably and without demure undertake to immediately pay the Client upon its first written
demand and without cavil or argument any sum or sums within the limits of ……………………….
(…………………………….. only) as aforesaid without the Client needing to prove or to saw
grounds or reasons for its demand for the sums specified therein.
1. The Client shall have full rights whatsoever to encash this Bank Guarantee at any time
during the validity of the Guarantee and the Contractor shall have no right or claim
whatsoever in the matter of encashment of the Bank Guarantee amount by the Client and
any disputes/ claim whatsoever in this regard shall only be settled by means of arbitration
as provided for in the Contract and the Clients decision as to what amount is due to the

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Client from the Bank against the guarantee and as to the Contractor has committed
breach of Contract or not, shall be final and binding on the guarantor-Bank and the
Contractor shall have no right to interfere with the same and the Bank shall have full rights
in terms of the guarantee to make immediate payment against the Bank Guarantee to
the Client without the consent of the Contractor and without refereeing the matter to the
Contractor.
2. The Bank further agrees that the Client be the sole judge as to whether the Contractor is
in default in due and faithful performance of its obligations during the Contract period
under the Contract and its decision that the Contractor is in default shall be final, and
binding on the Bank, notwithstanding any differences between the Client and the
Contractor or any dispute between them pending before any court, tribunal, arbitrators or
any other Client or body, or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this guarantee, the Client shall be entitled to act as if the Bank
were the principal debtor and any change in the constitution of the Contractor and/ or the
Bank, weather by way their absorption with any other body or corporation or otherwise,
shall not in any way or manner affect the liability or obligation of the Bank under this
Guarantee.
4. It shall not be necessary, and the Bank herby waives any necessity, for the Client to
proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.
5. The Client shall have the liberty, without affecting in any manner the liability of the Bank
under this Guarantee, to vary at any time, the terms and conditions of the Contract or to
extend the time or period for the compliance with, fulfilment and/or performance of all or
any of the time, any of the rights and powers exercisable by the Client against the
Contractor and either to enforce of forebear from enforcing any of the terms and
conditions contained in the Contract and/or the securities available to the Client, and the
Bank shall not be released from its liability and obligations under these presents by any
exercise by the Client of the liberty with reference to matters aforesaid or by the reason
of time being given to the Contractor or any other forbearance, indulgence, act or
omission on the part of the Client or of any other matter or thing whatsoever which under
any law relating to the sureties and guarantors would but for this provision have the effect
of releasing the Bank from its liability and obligations under this Guarantee and the Bank
hereby waives all of its rights under any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Client in respect of or relating to the Contract
or for the fulfilment, compliance and/or performance of all or any of the obligations of the
Contractor under the Contract.
7. Courts at Bhopal Madhya Pradesh, India shall have exclusive jurisdiction for contesting
legal cases arising out of encashment for the Guarantee.
8. This Guarantee shall be valid for six (6) months beyond the Defects Notification Period.
More specifically, this Performance Guarantee shall cease to be in force and effect after
the end of six (6) months from the Defects Notification Period of entire Project. The
pendency of any dispute or arbitration or other proceedings shall not affect this Guarantee
in any manner.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous expressed consent of the Client in writing and declares and warrants that it has
the power to issue this Guarantee and the undersign has full powers to do so on behalf
Package BHIN-16
of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by registered
post address to the Bank or hand delivered at its above referred branch or at the branch
of Bank available at Bhopal/ Mumbai/ New Delhi and as such notified in the Guarantee
form by the issuing Bank, which shall be deemed to have been duly authorised to receive
such notice and to effect payment thereof forthwith, and if sent by registered post it shall
be deemed to have been given at the time when it ought to have been delivered in due
course of post and in proving such notice, when given by the post, it shall be sufficient to
prove that the envelope containing the notice was posted and the certificate signed by
an officer of the Client that the envelope was so posted shall be conclusive.
Notwithstanding anything contained herein:
a. Our liability under this Bank Guarantee shall not exceed.…………… (……… only)
b. This Bank Guarantee shall be valid up to ……………. Subject to provisions given in
clause 8 above.
c. We ………………………………………… further agree that the Guarantee herein
contain shall remain in full force and effect during the period that would be taken for
performance of the said agreement and that it shall continue to be enforceable till all
the dues of the Client under by or virtue of the said agreement have been fully paid
and its claims satisfied and discharged or till Client certifies that the terms and
conditions of the said Agreement have been fully and properly carried out by the said
Contractor and accordingly discharges this Guarantee. Unless a demand or claim
under this guarantee is made on us in writing on or before the ………………, we shall
be discharged from all liability under this guarantee thereafter.
d. This guarantee will not be discharged due to the change in the constitution of the
Bank or the Contractor.
This guarantee is issued by ……………………………………………. who is/ are
authorized by the Bank.

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Annexure – 3 to ITT: Sample Format for Letter from Bank

Annexure – 3 [As per clause 1.3 of NIT]
Format for Letter from Bank
This is to certify that M/s .................................................... is a reputed proprietorship firm/
partnership firm/ company/ corporation/ consortia or joint ventures with a good financial standing,
and having following available financial resources/ credits with our bank as on the date
………………… to meet their working capital requirements:
Financial Resources/ Credits
Sr. No. Source of financing Amount in INR
1 Lines of Credit
2 Overdraft Facilities
3 Other financial means
3a (Please specify)
3b (Please specify)
3c (Please specify)
Total available credits
(in figures)
(in words)
For and on behalf of the………………………………. Bank.
Signature of Authorized Bank Official

Name of Official :……………………………….…
Designation :……………………………….…
Stamp/Seal of the Bank :……………………………….…
Address of the Bank :……………………………….…

Package BHIN-16
Annexure – 4 to ITT: Sample Format for Power of Attorney for Lead Member
Annexure – 4 [As per clause 2.3.1 ITT]
Format for Power of Attorney for Tenderer/Lead Member (in case of JV/Consortium)
(To be on non-judicial stamp paper of appropriate value as per Stamp Act relevant to place of
execution.)
Power of Attorney to be provided by the Tenderer Company/ Lead Member in favour of its
representative as evidence of authorized signatory's authority.
Know all men by these presents, We (name and address
of the registered office of the Bidding Company or Lead Member of the Bidding Consortium, as
applicable) do hereby constitute, appoint and authorize Mr./Ms
(name and residential address) who is presently employed with us and holding
the position of , as our Attorney to do in our name and our behalf all or any
of the acts, deeds or things necessary or incidental to submission of our Tender for "Name of
Work/Service" for Bhopal Metro Rail Project in response to the Tender Document dated
issued by Madhya Pradesh Metro Rail Corporation Limited (MPMRCL),
(the Company) including signing and submission of the Tender and all other documents related
to the Tender, including but not limited to undertakings, letters, certificates, acceptances,
clarifications, guarantees or any other document which the Company may require us to submit
and also signing and executing the Contract Documents. The aforesaid Attorney is further
authorized for making representations to the Company or any other authority, and providing
information I responses to the Company, representing us in all matters before the Company, and
generally dealing with the Company in all matters in connection with our Tender till the
completion of the tendering process as per the terms of the Tender Documents and further till
the Contract is entered into with the Company and thereafter till the expiry of the Contract.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be
binding on us and shall always be deemed to have been done by us.
(Add in the case of a Consortium)
Our firm is the Lead member of the Consortium of and
All the terms used herein but not defined shall have the meaning ascribed to such terms under
the Tender Documents.
Signed by the within named
[Insert the name of the executant company]
through the hand of
Mr.
duly authorized by the Board to issue such Power of Attorney
Dated this day of
Accepted
Signature of Attorney
(Name, designation and address of the Attorney)
Attested

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(Signature of the executant)

(Name, designation and address of the executant)
Signature and stamp of Notary of the place of execution

Common seal of has been affixed in my/our presence pursuant to Board of
Director's Resolution dated
WITNESS
1.
(Signature)
Name
Designation
2.
(Signature)
Name
Designation
Notes:
1. The mode of execution of the power of attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and the same should be under common seal of the executant affixed in
accordance with the applicable procedure. Further, the person whose signatures are to
be provided on the power of attorney shall be duly authorized by the executant(s) in this
regard.
2. In the event, power of attorney has been executed outside India, the same needs to be
notarized by a notary in the home country of company executing this power of attorney
and legalized by the Indian Embassy there. However, in case such company is from a
country which has signed The Hague Legislation Convention 1961, then the said power
of attorney is not required to be legalized by the Indian Embassy if it carries a conforming
Apostille certificate.
3. Also, wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as a board resolution / power of attorney, in
favour of the person executing this power of attorney for delegation of power hereunder
on behalf of the executant(s).

Package BHIN-16
Annexure – 5 to ITT: Sample Format for Power of Attorney

Annexure – 5 [As per clause 2.3.1 of ITT]
Format for Power of Attorney to be provided for each of the members of the JV/
Consortium (other than Lead Member) in favour of the Lead Member
execution.)
WHEREAS Madhya Pradesh Metro Rail Corporation Limited, (the Company) has issued the
Tender Documents on for inviting Tenders for "Name of Work/Service" for
Bhopal Metro Rail Project on the terms and contained in the Tender Documents;
AND WHEREAS and (Insert names of all
Members of Consortium / Joint Venture) the Members of the Consortium / Joint Venture are
desirous of submitting a Tender in response to the Tender Documents, and if selected,
undertaking the responsibility of "Name of Work/Service" as per the terms of the Tender
Documents;
AND WHEREAS all the Members of the Consortium / Joint Venture have agreed under the
Consortium / Joint Venture Agreement dated entered into between all the
Members and submitted along with the Tender to appoint (Insert the name and
address of the Lead Member) as Lead Member to represent all the Members of the Consortium/
Joint Venture for all matters regarding the Tender Documents and the Tender;
AND WHEREAS pursuant to the terms of the Tender Documents and the Consortium / Joint
Venture Agreement, we, the Members of the Consortium / Joint Venture hereby designate M/s
(Insert name of the Lead Member) as the Lead Member to
represent us in all matters regarding the Tender and the Tender Documents, in the manner
stated below: -
Know all men by these presents, We (Insert name and
address of the registered office of the Member- 1),
(Insert name and address of the registered office of the Member-2)
(Insert name and address of the registered office of the Member-n) do hereby
constitute, appoint and authorize (name and
registered office address of the Lead Member), which is one of the Members of the Consortium
/ Joint Venture, to act as the Lead Member and our true and lawful attorney, to do in our name
and on our behalf, all such acts, deeds and things necessary in connection with or incidental to
submission of Consortium's / Joint Venture's Tender in response to the Tender Document dated
issued by the Company for "Name of Work/Service" including signing and
submission of the Tender and all documents related to the Tender as specified in the Tender
Documents, including but not limited to undertakings, letters, certificates, acceptances,
clarifications, guarantees or any other document, which the Company may require us to submit
and carrying out the Contract and doing all necessary deeds and things as may be required in
respect of the above. The aforesaid Attorney shall be further authorized for making
representations to the Company named in the Tender Documents, and providing information /
responses to the Company named in the Tender Documents, representing us and the
Consortium / Joint Venture in all matters before the Company named in the Tender Documents,
and generally dealing with the Company named in the Tender Documents and/or any other
authority in all matters in connection with our Tender, till completion of the tendering process in

Package BHIN-16
accordance with the Tender Documents and further till the Contract is entered into with the
Company and thereafter till the expiry of the Contract.
We, as Members of the Consortium / Joint Venture, hereby agree to ratify all acts, deeds and
things done by our said attorney pursuant to this Power of Attorney and that all acts, deeds and
things done by our aforesaid attorney shall be binding on us and shall always be deemed to have
been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms in the
Tender Documents.
through the hand of
Mr.
Dated this day of
Accepted
Attested


Common seal of has been affixed in my/our presence pursuant to Board of
Director's Resolution dated
WITNESS:
1.
(Signature)
Name
Designation
2.
(Signature)
Name
Designation
Notes:

Package BHIN-16
regard.
2. Wherever required, the executant(s) should submit for verification the extract of the
chartered documents and documents such as a Board resolution I power of attorney, in
3. The word "Consortium" mentioned here is same and synonymous with the word or
meaning of "Joint Venture".

Package BHIN-16
Annexure – 6 to ITT: Sample Format for Power of Attorney for other Member
Annexure – 6 [As per clause 2.3.12.4.1 of ITT]
Format for Power of Attorney for other Member in favour of its representative
execution.)
Power of Attorney to be provided by each Member other than the Lead Member in favour of its
representative as evidence of authorized signatory's authority. (Applicable to consortium only)
Know all men by these presents, We (name and
address of the registered office of the Member of the Consortium / Joint Venture, as applicable)
do hereby constitute, appoint, and authorize Mr./Ms
(name and residential address) who is presently employed with us
and holding the position of , as our Attorney to sign and execute the Contract
Agreement and any other requisite document in our name and our behalf for "Name of
Work/Service" for Bhopal Metro Rail Project in response to the Tender Document dated
issued by Madhya Pradesh Metro Rail Corporation Limited (MPMRCL),
(the Company) and to do all or any of the acts, deeds or things necessary or incidental to the
above.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to this
Power of Attorney and that all acts, deeds and things done by our aforesaid attorney shall be
binding on us and shall always be deemed to have been done by us.
Our firm is a Member of the Consortium / Joint Venture of and
All the terms used herein but not defined shall have the meaning ascribed to such terms under
the Tender Documents.
through the hand of
Mr.
Dated this day of
Accepted
Attested


Common seal of has been affixed in my/our presence pursuant to
Package BHIN-16
Board of Director's Resolution dated

WITNESS
1.
(Signature}
Name
Designation
2.
(Signature)
Name
Designation
Notes:
regard.
2. Wherever required, the executant(s) should submit for verification the extract of the
charter documents and documents such as a board resolution I power of attorney, in
3. The word "Consortium" mentioned here is same and synonymous with the word or
meaning of "Joint Venture".

Package BHIN-16
Annexure – 7 to ITT: Sample Document Review Sheet (DRS)

MPMRCL
BH 01/01 and/or IN 2A/01

COMMENT SHEET
Definition : (1) Area of Deficiency Definition : (2) Status of comments
No. of Contract : Discipline : 1. Design not complying with functions A. Resubmission with correction (NS)
Contractor transmittal No. : Discipline Design Checker : 2. Detail incomplete B. Partial resubmission (PR)
Reception date of Letter/ transmittal : DVE : 3. Detail not submitted C. Notice of No Objection
DSR Code : Date : 4. Unreasonable design failure
Comment Sheet Code : 5. Conflicting data Definition : (3) Comment Status
6. Other (Specify) P. Partial
H. On hold
C. Closed
SUBJECT
DDC Document Reference Issue
Area of Comment Status (3)
(2)
S.No. DVE Representative Comments (1) Status DDC Answers By By Closure Date
Ref. Code Revision Page No. Format Fundamental deficiency
Contractor Engineer

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MPMRCL
BH 01/01 and/or IN 2A/01

DOCUMENT SUBMISSION REPORT (DSR)-
STATUS SHEET
No. of Contract : DSR Code :

Reference of Letter/ transmittal : Discipline :
Reception date of Letter/ transmittal : Discipline Design Checker :
Prepared by DVE :
SUBJECT
List of document submitted
Notification
S.No. Document Reference Revision Date
A B C
Notification
Definition of notification:
A. Objection. A complete resubmission is required
B. Notice to return to DDC for additional clarifications
C. Notice to forward to GC
Discipline Design Checker :

Printed Name Date Signature
Enclosed :
Cc :
Note- The comments are given to ensure the submission conforms to the Contract provisions.

Sr. NoDate Detailed Design Consultant (DDC) Discipline Design Checker Design Verification Engineer (DVE)
Transmit al No Transmit al Date Received On DDC - Documents Work TypeDocument Type Initials Date Submit ed Date Received Comment Sheet No DSR Code DSR Rev No In case of non ap roval In case of ap roval
Number Description Date Rev No Return Date to Cont. DMSubmis ion Cont. DMDVE Certificate Number
Volume I – NIT, ITT, LOT

Annexure – 8 to ITT: Sample Activities Log for Monthly Report
Page 47 of 72
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PART 3: LETTER OF TENDER (LOT)

Date: …………………….
To: Managing Director
Kalibadi Road, BHEL, Sector A, Berkheda,
Name of Work: “Design Verification Engineer (DVE) services for construction of Elevated
Viaduct including Stations, Ramps and Tunnelling works including underground stations for
Bhopal and Indore Metro Rail Projects.”
Tender Notification No: 1069/MPMRCL/2023/Package BHIN -16
Dear Sir,
1 Having inspected the Site, examined the General Conditions of Contract, Particular
Conditions of Contract, Client’s Requirements, Pricing Documents, Notice Inviting
Tender, Instruction to Tenderers and Letter of Tender and corrigenda/ addenda thereto
(if any) issued by the Client in respect of the above- mentioned Works, and the matters
set out in Appendix – 1 hereto, and having completed and prepared Appendices 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 hereto, we hereby (jointly and severally)*
offer to construct and complete the whole of the said Works and Commissioning and
remedying any defects therein, in conformity with the above documents within the
completion period of 1460 Days (from the date of commencement) for the sum stated
in the Pricing Document ( Volume IV of Tender Documents) as completed by us and
appended hereto.
2 We undertake (jointly and severally) *:
2.1 to keep this Tender open for acceptance without unilaterally varying or amending its
terms for the period stated in Notice Inviting Tender hereto (the withdrawal of any member
or any other change in the composition of the partnership/joint venture/consortium on
whose behalf this Tender is submitted shall constitute a breach of this undertaking) *; and
2.2 if this Tender is accepted, to provide Guarantees, Undertakings & Warranties for the due
performance of the Contract as stipulated in the General Conditions of Contract,
Particular Conditions of Contract and Appendix – 1 hereto; and
2.3 to hold in confidence all documents and information whether technical or commercial
supplied to us at any time by or on behalf of the Client in connection with this Tender or
with the above-mentioned Works and, without your written authority or as otherwise
required by law, not to publish or otherwise disclose the same.
3 We submit with this Tender a duly executed Tender Security Declaration in respect of our
obligations under this Tender.
4 Unless and until a formal agreement is prepared and executed, this Tender together with
your written acceptance thereof, shall constitute a binding Contract between us.
5 We understand that you are not bound to accept the lowest or any tender you may
receive.
6 We declare that the submission of this Tender confirms that no agent, middleman or any
intermediary has been, or will be engaged to provide any services, or any other item of

Package BHIN-16
work related to the award and performance of this Contract. We further confirm and
declare that no agency commission or any payment which may be construed as an
agency commission has been, or will be, paid and that the tender price does not include
any such amount. We acknowledge the right of the Client, if he finds to the contrary, to
declare our Tender to be non-compliant and if the Contract has been awarded to declare
the Contract null and void.
7 This Tender shall be governed by and construed in all respects according to the laws for
the time being in force in India. The courts at Bhopal will have exclusive jurisdiction in the
matter.
8 We acknowledge that the Appendices form an integral part of the Tender.
9 We have independently considered the amount shown in Clause 4.7 of the General
Conditions of Contract and Particular Conditions of Contract as Delay damages and
agree that they represent a fair estimate of the damages likely to be suffered by you in
the event of the work not being completed in time.
10 If our Tender is accepted, we understand that we are to be held solely responsible for the
due performance of the Contract.
I/We remain,
Yours faithfully,
Signature :…………………………
Date :…………………………
Name :…………………………
Authorised :…………………………
Signature of
Tenderer
Address :…………………………
Witness:
Witness 1: Witness 2:
Signature :……………………………… Signature :………………………………
Date :……………………………… Date :………………………………
Name :……………………………… Name :………………………………
Address :……………………………… Address :………………………………
* Note:
If the Tenderer comprises, joint venture or consortium:
a. the provisions marked with an asterisk are to be retained subject to deletion of the
brackets and inapplicable descriptions (i.e. joint venture or consortium).
b. the liability of each member under the Tender, and under any Contract formed upon its

Package BHIN-16
acceptance, shall be joint and several.

c. an authorized representative of each member must sign the Tender.
d. signature on the Letter of Tender shall be witnessed and dated.
e. copies of the relevant power of attorney shall be attached.

Package BHIN-16
LETTER OF TENDER (LOT)

Appendix – 1
[Conditions of Contract]
We hereby confirm (jointly and severally) * that we have read and accepted all the Conditions of
Contract as provided in Volume II (including General Conditions, Particular Conditions).
Date: …………………
Place: ………………… Signature of authorized signatory of Tenderer
* Note:
If the Tenderer comprises, joint venture or consortium:
a. the provisions marked with an asterisk are to be retained subject to deletion of the brackets
and inapplicable descriptions (i.e., joint venture or consortium).
b. the liability of each member under the Tender, and under any Contract formed upon its
acceptance, will be joint and several.
c. an authorized representative of lead member must sign the Tender.

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Appendix – 2
Undertaking for Pricing Document
We, (name of tenderer or joint venture/ consortium) hereby undertake that, the Financial Bid as
provided in Pricing Document - Volume IV of the tender document duly completed and priced in
all respect has been uploaded by us in Second Cover “FINANCE” only.
The Pricing Document including duly signed Preamble and a true copy of all documents of
Financial Bid with prices left blank is enclosed to this Appendix – 2 with the Technical Package.
We hereby undertake that the copy of all the documents of Financial Bid, submitted with the
Technical Package, is a true copy of the Financial Bid (uploaded in Second Cover “FINANCE”)
with prices left blank.
We further certify that there are no additional comments, remarks, deviations, terms and
conditions in our Financial Bid and even if it is there, it shall be treated as NULL and VOID and
stand unconditionally withdrawn without any financial implications.
We further confirm that the quoted prices in “Bill of Quantities” of “Financial Bid” are fully
compliant to all the Tender Document requirements, without any deviations.
Signature of authorized signatory on behalf of Tenderer
For and on behalf of

(Name of tenderer or joint venture/ consortium)
Enclosure: as above

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Appendix – 3
Tenderer’s Technical Proposals
The Tenderer shall prepare his Technical Proposals based on the contents of Annexure – 1 to
the Instructions to Tenderers.

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Appendix – 4
General Information About the Tenderer
A. TENDERER INFORMATION SHEET
Tenderer’s Legal Name
Legal status of the Tenderer Sole Proprietorship Firm / Partnership Firm / Private
Limited Company / Public Limited Company / Joint
Venture / Consortium /Corporation/ Any Other (Specify)
(Please tick one)
Lead member of JV / Consortium
Tenderer’s official address,
telephone numbers, fax numbers,
email address for communication
Tenderer’s authorized signatory
(name, designation, address,
contact no.)
Tenderer’s authorized
representative (name, designation,
address, contact no.)
FOLLOWING NEEDS TO BE SUBMITTED BY THE TENDERER: (by each member in case
of JV / Partnership / Consortium):
i. Affidavit in case of Proprietary firm.
ii. Partnership Deed in case of partnership firm.
iii. Memorandum & Article of Association in case of a Public/Private limited company.
iv. In case of JV / Consortium, MoU/Agreement (duly notarized) entered into by the joint
venture / consortium members, containing intended percentage participation, nomination
of Lead Member and division of responsibility to clearly define the work of each member
etc.
v. Authorization/POA in favour of authorized signatory of tenderer to sign the tender, and
also in favour of authorized representative of each member in case of JV / Consortium.
Note: Tenderer’s authorized signatory shall be deemed to have authority of the tenderer
to receive and deliver any correspondence and attend meetings with the Client related
to the tender.
B. JV / CONSORTIUM MEMBER INFORMATION
LEAD MEMBER – 1
JV / Partnership / Consortium
Member’s Legal Name
Legal Status of the Member Sole Proprietorship Firm / Partnership Firm / Private
(Please tick one)

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Member’s country of constitution

Member’s legal address, telephone
numbers, fax numbers, email
address)
Member’s authorized representative
contact no.)
MEMBER – 2
(Please tick one)
Member’s country of constitution
address)
contact no.)
Member – 3
(Please tick one)
address)
address)
contact no.)

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Appendix – 5
Staffing Scheduling and Organisation Chart
Sr. Key Name of Employing Type of Qualificatio Total Total
No Personne Key Organisatio Employmen n Experience Experience
. l Personne n t in the post
l specified qualificatio
proposed field of n
specialisatio (in years)
n
(in years)
i. We hereby confirm to deploy the minimum required manpower/ Key Personnel and with
prescribed qualifications and experiences, both as mentioned in Section 1 [The DVE
Organisation and Superintendence] of Volume III [Client’s Requirements].
ii. We further confirm to deploy manpower/ Key Personnel over and above the minimum
numbers as indicated in Section 1: The DVE Organization and Superintendence of
Client’s Requirements of Volume III, if the work requires so and as directed by the
Engineer.
iii. We have submitted the CVs of each proposed Key Personnel along with this Appendix.
SIGNATURE OF AUTHORIZED SIGNATORY ON BEHALF OF TENDERER

Note:
The Tenderer shall provide a complete Staffing Schedule and Organization Chart proposed for
the work to satisfy the requirement of item i., ii. & iii. above.

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Appendix – 6
Tender Index
The Tenderer shall submit an index with cross reference to each of Client’s tender requirements
mentioned in the Tender documents within First Cover (“FEE/PREQUAL/TECHNICAL”).
The Tender Bids submitted must be clearly presented, all pages numbered and laid out in a
logical sequence with main and subheadings to facilitate evaluation.

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Appendix – 7
Undertaking for Not Backlisted or Debarred
We do hereby undertake that none of the Central or State Government Organisation/

department/ Public Sector Undertaking/ other Government entity including Delhi Metro Rail
Corporation and/or other Metro Rail Corporations/ Multilateral/ Bilateral funding agencies have
not blacklisted or debarred us (any member in case of JV/ Consortium) as on the date of online
tender submission.
Stamp and Signature of Authorized Signatory
Note:
In case of JV / Consortium, the undertaking shall be submitted by each member of the
JV / Consortium.
The undertaking shall be signed by authorized signatory of the tenderer. In case of JV /
Consortium by the authorized signatory of the JV / Constituent members counter signed
by the authorized signatory of tenderer.

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Appendix – 8
Undertaking for Corrupt and Fraudulent Practices
It is confirmed and declared that we, or any of our associate, have not been engaged in any
fraudulent and corrupt practice and that no agent, middleman or any intermediary has been, or
will be, engaged to provide any services, or any other items of work related to the award and
performance of this Contract and no agency commission or any payment which may be
construed as an agency commission has been, or will be, paid and that the tender price does
not include any such amount.
Note:
 In case of JV / Consortium, the undertaking shall be submitted by each member of the
JV / Consortium
 The undertaking shall be signed by respective authorized signatories of the constituent
member in case of JV / Consortium.

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Appendix – 9
Copyright Undertaking
Date: …………………….
To: Managing Director
Kalibadi Road, BHEL, Sector A, Berkheda,
LETTER OF UNDERTAKING
Reference: Package BHIN -16
“Design Verification Engineer (DVE) services for construction of Elevated Viaduct including
Stations, Ramps and Tunnelling works including underground stations for Bhopal and Indore
Metro Rail Projects”.
We, (name of tenderer or joint venture/ consortium) hereby undertake that the tender and the
tender documents purchased as a necessary part of our preparation of this tender shall be used
solely for the preparation of the tender and that if the tender is successful, shall be used solely
for the design and construction of the temporary and permanent works.
We further undertake that the aforesaid tender drawings and documents prepared by the Client
shall not be used in whole, in part or in any altered form on any other project, scheme, design or
proposal that the joint venture/ consortium, the joint venture/ consortium parent companies or
subcontractors of the joint venture/ consortium are or will be involved with either in India or any
other country.

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Appendix – 10
Work Experience
Tenderer’s legal name: ………………………........ Date: …………………
Member’s legal name: ……………………… Page …. of …. pages
For works as stipulated under 1.3 of NIT.
Work Experience
Contract Number ____ out of Information
______ required
Contract Identification
Description of the work as defined in
Clause 1.3 of NIT
Award date:
Completion date:
Client’s Name
Client’s Address:
Telephone / Fax number:
E Mail:
Role in Contract Single Entity JV/Consortium Member
(Individual/ Consortium member)
Completion Cost/ Value of Currency In equivalent INR at
successfully executed work in case Exchange Rate [Date] * price level
of ongoing work
If JV / Consortium member specifies % Participation In equivalent INR at
percentage participation in contract [Date] * price level
& amount (Please refer Note-1)

Note:
1. Refer Notes for Clause no. 1.3 of NIT for qualifying value of works.
2. Separate sheet for each work along with Clients Certificate to be submitted by concerned
member(s) of JV/ Consortium.
3. All such Client Certificate(s) should be in English language. Any Client Certificate(s)
submitted in foreign language should be supported with English translation. All
translation(s) shall be authenticated by Embassy or High Commission; however, Member
Countries of the Hague Convention may submit this translation(s) with “Apostille” stamp.

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Appendix – 11
Financial Data
Tenderer’s legal name: ………………………....... Date: …………………
JV/Consortium Member’s legal name: …………………… Page …. of …. pages
(Tenderer or member of a JV / Consortium must fill this form)
S. N. Description Financial Data for Last 5 Years (Currency: ……………….)

1st Year 2nd Year 3rd Year 4th Year 5th Year
1 Total Assets
2 Current Assets
3 Paid up Share
capital
4 General Reserves
(including
securities premium
account if any)
5 Total External
Liabilities
6 Current Liabilities
(including
provisions if any)
7 Annual Profit
Before Tax
8 Annual Profit After
Tax
9 Net Worth [= 3+4]
10 Working Capital [=
2 – 6]
11 Return on Equity
12 Annual Turnover
(from design
consultancy
services)
13 Gross Annual
Turnover
Attach copies of the audited balance sheets, including all related notes, income statements
for the last five audited financial years, as indicated above, complying with the following
conditions.

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S. N. Description Financial Data for Last 5 Years (Currency: ……………….)

1st Year 2nd Year 3rd Year 4th Year 5th Year
Separate Proforma shall be used for each member in case of JV / Consortium.
All such documents reflect the financial data of the Tenderer or member in case of
JV / Consortium, and not sister, subsidiary or Parent Company.
Historic financial statements shall be audited by Statutory Auditor of the Company
under their seal & stamp and shall be strictly based on Audited Annual Financial
results of the relevant period(s). No statements for partial periods will be accepted.
Historic financial statements must be complete, including all notes to the financial
statements.
This Appendix – 11 of LOT shall be duly certified by Chartered Accountant / Statutory
Auditor in original under his signature, stamp and membership number.

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Appendix – 12
Works in Hand
Tenderer’s legal name: ………………………........ Date: …………………
JV/Consortium Member’s legal name: ……………………… Page …. of …. pages
Sr. Name and Name of Contract Value of Date of Expected Delay if Value of Value of Value of Value of Value of Remaining Monthly
No. brief client with Value in balance Completio Completio any, work to be work to be work to be work to be work to be Contract Outstanding
particulars of telephone Rupees work yet n as per n Date with done in done in done in done in done in Period in Value
contract number Equivalent to be Contract reason 2022-23 2023-24 2024-25 2025-26 2026-27 months as
(Clearly and fax (Give only done in Agreemen (1st April (1st April (1st April (1st April (1st April on
indicate the number the value of Rupee t 2020 to 2023 to 2024 to 2025 to 2026 to ………….
part of the work equivalent as per
31st March 31st March 31st March 31st Mar 31st Mar
work assigned to as on Contract
2023) 2024) 2025) 2026) 2027)
assigned to the 31.03.22 Agreement
the applicant(s)
applicant(s))
(C14 =
(C1) (C2) (C3) (C3) (C4) (C5) (C6) (C7) (C8) (C9) (C10) (C11) (C12) (C13)
C4/C13)
Sub-Total Total Value

of Monthly
Value of Existing Commitments (C8 + C9 + C10 + C11 + C12)
Existing
Commitmen
t
Note:
Separate Proforma shall be used by each member in case of JV / Consortium.
The financial data in above prescribed format shall be certified by Chartered Accountant / Statutory Auditor in original under his signature &
stamp & membership number.
Volume I – NIT, ITT and LOT Page 64 of 72

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Appendix – 13
Undertaking for Not Being Imposed of Liquidated Damages/ Penalty
We do hereby undertake that we have not been imposed liquidated damages of 10% of the
contract value in a contract or penalty of 10% (or more) of the contract value executed either
individually or in a JV / Consortium during last ten years ending [insert date] *.
Note:
JV / Consortium.
The undertaking shall be signed by respective authorized signatory of constituent
members, counter signed by the authorized signatory of tenderer.

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Appendix – 14
Undertaking for Financial Stability
We do hereby undertake that we have not suffered bankruptcy/insolvency during the last 36
months from the last date of online tender submission.
And
We do hereby undertake that we have neither obtained corporate debt restructuring in
immediately preceding 36 months from the last date of online tender submission nor have
applied for it (as on the last date of online tender submission) and also are not currently in
process of corporate debt restructuring.
Or
We do hereby undertake that we have obtained corporate debt restructuring in immediately
preceding 36 months from the last date of online tender submission or have applied for it (as on
the last date of online tender submission) or are not currently in process of corporate debt
restructuring (strikethrough the clause which is not applicable). We do herby undertake that we
shall open a dedicated ‘Trust & retention Account (T&R account)’ in consultation with the
Employer. We shall submit a certified list of vendors/suppliers/sub-contractor/consultants
associated and engaged for the execution of the contract works. The Bank will make payments
on our instructions, to pre-certified vendors/suppliers/sub-contractor/consultants only. We shall
not divert the funds for the purpose(s) other than the intended purpose(s). Also, we give
mandate to the Employer or their representative to make inspection(s) of this account whenever
so desired by them.
Note:
JV / Consortium.
The Bidder should strike-off paragraph no. 1 (or) 2 as above which is not applicable.
Bidder is not required to submit any document as documentary evidence along with
the bid submission. All information furnished in this Form shall be certified by a
Chartered Accountant/Statutory Auditor in original under his signature & stamp &
membership number and UDIN.

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Appendix – 15
Undertaking for Downloaded Tender Document
We hereby confirm that, we have downloaded / read the complete set of tender documents,
addendum/ corrigendum / clarifications along with the set of enclosures hosted on e-tendering
website/ portal of the Client. We confirm that we have studied the tender documents in full,
addendums/ corrigenda and clarifications for this work placed up to the date of opening of bids
on the e-tendering website / portal of the Client. We confirm our unconditional acceptance for
the same and have considered these in the submission of our technical and financial bid.

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Appendix – 16
Undertaking for Conflict of Interest and Ground for Exclusions
1. We do hereby undertake that we have not any Conflict of Interest in accordance with sub-
clause 2.1.1 of Instruction to Tenderer.
2. We do hereby undertake that we have not been excluded under any “Ground for Exclusion”
in accordance with Sub-Clause 2.3.1 of ITT as on the due date of online tender submission.
3. We do herby undertake that in case of award of the Contract on us, we shall be bound to
inform the Client and the Engineer about any conviction under “Ground for Exclusion” in
accordance with Sub-Clause 2.3.1 of ITT during execution of the Contract.
Note:
JV / Consortium.

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Appendix – 17
Litigation History
We M/s. …………………….. do hereby declare following Litigation History of any litigation or

arbitration resulting from contracts completed or under execution during last 10 years ending as
on last date of online tender submission, in accordance with sub-clause 1.3 of NIT.
Sr. Name Name of Number of Cause of Year Litigation/ Award in Disputed
No. of the the work cases in Litigation/ arbitration favour of Amount
Client the work arbitration initiated by Tenderer/
Client
Note:
JV / Consortium.

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Appendix – 18
Proforma for Statement of Proposed Minor Deviations
The following are the particulars of minor deviations from the requirements of the Tender
Document:
Sr. No. Clause Deviations Remarks Confirming that price of
(Including justification) adjustment of each
deviation/s is given in
Pricing Document
(Yes/No)
1. We hereby confirm that the pricing for unconditional withdrawal of the above proposed
deviations has been given in the financial bid. This price is the price which the Tenderer
shall reduce from their tender price if such deviation(s) is/are accepted by the Client.
2. We hereby confirm that all implicit and explicit deviations, comments and remarks not
listed above but mentioned elsewhere in our proposal shall be treated as NULL and
VOID and stand withdrawn.
3. All deviations have been listed in this Appendix and priced in volume IV Pricing
Document. Deviations not priced will be treated as null and void and stand withdrawn at
nil price.
Note:
i. Where there is no deviation, the statement should be returned duly signed with an
endorsement indicating ‘No Deviations’.
ii. In case, Proforma of deviations is not submitted or submitted as blank, it will be construed
that the Tenderer has not proposed any deviation from Tender documents and will
comply as per specifications.

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Appendix – 19
Bid Capacity
Name of Tenderer (constituent member in case of JV/ Consortium):
S. Description Financial Data for Last 5 Audited

No. Financial Years
1st 2nd 3rd 4th 5th

Year Year Year Year Year
1 2 3 4 5 6 7
DVE/ DDC works executed as per audited

1 financial statement in respective currency
(to be taken from Sr. No. 12 of Appendix – 14)
Multiplying factor For INR

2
as per Note: (ii) For foreign currency
DVE/ DDC works executed in respective

3
currency (escalated)
4 Exchange rate as per Note: (iii)
DVE/ DDC works executed as on the Credential

5
Cut-Off Date in Indian Rupees
Maximum of the value of DVE/ DDC works

6
executed in any one year in Indian Rupees (A)
No of years prescribed for completion of this

7
Works (N)
Value of existing commitments in Indian Rupees

(B)
8
(to be taken from Appendix – 17)
Exchange rate as per Note: (iii)
9 Available Bid Capacity ({2 x A x N} – B)
Note:
(i) Separate Proforma shall be used for each member in case of JV / Consortium.
(ii) The above financial data will be updated to the 31.12.2022 price level assuming 5%
inflation for Indian Rupees (or part thereof) and 2% for foreign currency portions
every year (or part thereof). The Multiplying factors (round up to four decimals) shall
be calculated based on following formula:

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𝑚
𝐼 1
𝑀𝑢𝑙𝑡𝑖𝑝𝑙𝑦𝑖𝑛𝑔 𝐹𝑎𝑐𝑡𝑜𝑟 = 1 +
100
Where,
𝐼 = Inflation per year (i.e. 5 for Indian Rupees and 2 for Foreign Currency)
𝑚 = Inflation Period in Months (i.e. from next day of respective Financial Year
end up to 30th April 2023)
(iii) The exchange rate of foreign currency shall be applicable 28 days before the last
date of online tender submission.

BHIN-16
Volume II
General Conditions and Particular Conditions
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Volume II – GCC and PC
TABLE OF CONTENTS
GENERAL CONDITIONS (GC) ............................................................................................ 4
1 General Provisions.................................................................................................. 4
1.1 Definitions ................................................................................................................. 4
1.2 Interpretation ............................................................................................................. 6
1.3 Notices and other Communications ........................................................................... 6
1.4 Law and Language .................................................................................................... 7
1.5 Changes in Legislation .............................................................................................. 7
1.6 Assignment and Sub-Contracts ................................................................................. 8
1.7 Intellectual Property................................................................................................... 8
1.8 Confidentiality............................................................................................................ 8
1.9 Publication................................................................................................................. 9
1.10 Anti-Corruption .......................................................................................................... 9
1.11 Relationship of Parties............................................................................................. 10
1.12 Agreement Amendment........................................................................................... 10
1.13 Severability.............................................................................................................. 10
1.14 Non-Waiver ............................................................................................................. 10
1.15 Priority of Documents .............................................................................................. 10
1.16 Good Faith .............................................................................................................. 11
2 The Client............................................................................................................... 11
2.1 Information .............................................................................................................. 11
2.2 Decisions................................................................................................................. 11
2.3 Assistance............................................................................................................... 11
2.4 Client’s Financial Arrangements .............................................................................. 12
2.5 Supply of Client’s Equipment and Facilities ............................................................. 12
2.6 Supply of Client’s Personnel.................................................................................... 12
2.7 Client’s Representative............................................................................................ 12
2.8 Services of Others................................................................................................... 13
3 The Consultant ...................................................................................................... 13
3.1 Scope of Services ................................................................................................... 13
3.2 Function and Purpose of Services ........................................................................... 13
3.3 Standard of Care ..................................................................................................... 13
3.4 Client’s Property ...................................................................................................... 14
3.5 Consultant’s Personnel............................................................................................ 14
Volume II – GC and PC Page 1 of 46

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3.6 Consultant’s Representative.................................................................................... 14

3.7 Changes in Consultant’s Personnel......................................................................... 14
3.8 Safety and Security of Consultant’s Personnel ........................................................ 14
3.9 Construction Administration..................................................................................... 14
4 Commencement and Completion......................................................................... 15
4.1 Agreement Effective ................................................................................................ 15
4.2 Commencement and Completion of Services .......................................................... 15
4.3 Programme ............................................................................................................. 16
4.4 Delays ..................................................................................................................... 16
4.5 Rate of Progress of Services ................................................................................... 16
4.6 Exceptional Event.................................................................................................... 17
5 Variations to Services ........................................................................................... 17
5.1 Variations ................................................................................................................ 17
5.2 Agreement of Variation Value and Impact ............................................................... 18
6 Suspension of Services and Termination of Agreement .................................... 19
6.1 Suspension of Services ........................................................................................... 19
6.2 Resumption of Suspended Services ........................................................................ 19
6.3 Effects of Suspension of the Services...................................................................... 19
6.4 Termination of Agreement ....................................................................................... 20
6.5 Effects of Termination.............................................................................................. 21
6.6 Rights and Liabilities of the Parties.......................................................................... 22
7 Payment ................................................................................................................. 22
7.1 Payment to the Consultant ...................................................................................... 22
7.2 Time for Payment .................................................................................................... 22
7.3 Currencies of Payment ............................................................................................ 22
7.4 Third-Party Charges on the Consultant.................................................................... 23
7.5 Disputed Invoices .................................................................................................... 23
7.6 Independent Audit ................................................................................................... 24
8 Liabilities................................................................................................................ 24
8.1 Liability for Breach ................................................................................................... 24
8.2 Duration of Liability .................................................................................................. 24
8.3 Limit of Liability........................................................................................................ 24
8.4 Exceptions............................................................................................................... 25
9 Insurance ............................................................................................................... 25

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9.1 Insurances to be taken out by Consultant................................................................ 25

10 Disputes and Arbitration....................................................................................... 25
10.1 Amicable Dispute Resolution................................................................................... 26
10.2 Adjudication............................................................................................................. 26
10.3 Amicable Settlement................................................................................................ 27
10.4 Arbitration................................................................................................................ 27
10.5 Failure to Comply with Adjudicator’s Decision ......................................................... 27
PARTICULAR CONDITIONS (PC) ..................................................................................... 29
Part A – Contract Data ...................................................................................................... 29
Annexure – 1 to Part A – Contract Data........................................................................... 34
Part B – Special Provisions.............................................................................................. 35
PC 1.1 Definitions ............................................................................................................. 35
PC 2.4 Client’s Financial Arrangements.......................................................................... 35
PC 2.7 Client’s Representative or the Engineer.............................................................. 35
PC 3 The Consultant ......................................................................................................... 37
PC 4 Commencement and Completion............................................................................ 37
PC 4.4 Delays .................................................................................................................... 38
PC 5.2 Agreement of Variation Value and Impact ........................................................... 39
PC 6.5 Effects of Termination .......................................................................................... 40
PC 7.1Payment to the Consultant .................................................................................... 40
PC 7.2 Time for Payment .................................................................................................. 41
PC 9.1 Insurance to be taken out by the Consultant. ..................................................... 41
PC 10 Disputes and Arbitration…………………………………………………………………42
Contract Agreement.......................................................................................................... 43

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GENERAL CONDITIONS (GC)

1 General Provisions
1.1 Definitions
The following words and expressions shall have the meanings assigned to them
except where the context otherwise requires:
1.1.1 “Agreement” means the Contract Agreement entered into by both the Parties
based on the form annexed to the Particular Conditions, the other documents
listed in the Contract Data (Part A of Particular Conditions) and the further
documents (if any) which are listed in the Contract Agreement or in the Letter of
Acceptance.
1.1.2 “Background Intellectual Property” means, in respect of each Party, the
Intellectual Property owned by or otherwise in the possession of that Party at the
Commencement Date.
1.1.3 “Client” means the Party named in the Contract Agreement and legal successors
to the Client and permitted assignees.
1.1.4 “Client’s Representative” means the person referred to in the Contract Data
(Part A of the Particular Conditions), or appointed from time to time by the Client,
and communicated by Notice to the Consultant to be its representative for the
administration of the Agreement.
1.1.5 “Commencement Date” means the date identified in the Contract Data (Part A of
the Particular Conditions); where no date is identified then the Commencement
Date shall be 14 days after the Effective Date.
1.1.6 “Confidential Information” means all information specifically identified by the
disclosing Party as confidential at the time of disclosure, or information that a
reasonable person would consider from the nature of the said information and
circumstances to be confidential, including without limitation confidential or
proprietary information, trade secrets, data, documents, communications, plans,
know-how, formulas, designs, calculations, test results, specimens, drawings,
studies, specifications, surveys, photographs, software, processes, programmes,
reports, maps, models, agreements, ideas, methods, discoveries, inventions,
patents, concepts, research, development, and business and financial information.
1.1.7 “Consultant” means the professional firm or individual named in the Contract
Agreement and legal successors to the Consultant and permitted assignees.
1.1.8 “Consultant’s Representative” means the person referred to in the Contract Data
(Part A of the Particular Conditions) or appointed from time to time by the
Consultant, and communicated by Notice to the Client to be its representative for
the administration of the Agreement.
1.1.9 “Country” means the country named in the Contract Data (Part A of the Particular
Conditions) or, where no country is mentioned, the country where the Project site,
or the main project site as the case may be, is located.
1.1.10 “day” means a calendar day.
1.1.11 “Effective Date” means the date on which the Agreement comes into force and

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effect pursuant to Clause 4.1 [Agreement Effective].

1.1.12 “Exceptional Costs” means the costs, not otherwise compensated under the
Agreement, arising out of any necessary work, cost, expense or delay incurred by
the Consultant which is additional to the Services (or Variations) and which is
necessarily and unavoidably performed under the Agreement and in each case
identified as such in the Agreement.
1.1.13 “Exceptional Event” means an event or circumstance which is (a) beyond a
Party's control; (b) which such Party could not reasonably have provided against
before entering into the Agreement; (c) which having arisen, such Party could not
reasonably have avoided or overcome; and (d) which is not substantially
attributable to the other Party. An Exceptional Event may include, but is not limited
to, events or circumstances of the kind listed below, subject to (a) to (d) above:
i. war, hostilities (whether war be declared or not), invasion, act of foreign
enemies;
ii. rebellion, terrorism, revolution, insurrection, military or usurped power or civil
war;
iii. riot, commotion, disorder, strike or lockout by persons other than the
Consultant’s personnel and other employees of the Consultant and
Consultant’s sub-consultants;
iv. munitions of war, explosive materials, ionising radiation or contamination by
radioactivity except as may be attributable to the Consultant’s actions;
v. natural catastrophes such as earthquake, hurricane, typhoon or volcanic
activity.
1.1.14 “Foreground Intellectual Property” means all Intellectual Property created as a
result of the Services performed by the Consultant.
1.1.15 “Contract Agreement” means the document entitled Contract Agreement which
forms part of the Agreement.
1.1.16 “Intellectual Property” means all intellectual property rights including, without
limitation, any patents, patent application, trademarks, trade secrets, registered
designs, registered design application, copyrights, design rights, moral rights,
process, formula, specification, drawing, including rights in computer software and
databases howsoever arising in any part of the world.
1.1.17 “Local Currency” means the currency of the Country and “Foreign Currency”
means any other currency.
1.1.18 “Notice” means a written communication identified as a Notice and issued in
accordance with the provisions of Clause 1.3 [Notices and other
Communications].
1.1.19 “Party” and “Parties” means the Client and/or the Consultant as the context
requires.
1.1.20 “Programme” shall have the meaning given to it in Clause 4.3 [Programme].
1.1.21 “Project” means the project named in the Contract Data (Part A of the Particular
Conditions) for which the Services are to be provided.

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1.1.22 “Services” means the services defined in the Contract Data (Part A of the
Particular Conditions) to be performed by the Consultant in accordance with the
Agreement which includes any Variations to the Services instructed or arising in
accordance with the Agreement.
1.1.23 “Time for Completion” means the time for completing the Services as stated in
the Contract Data (Part A of the Particular Conditions), or as may be amended in
accordance with the Agreement, calculated from the Commencement Date.
1.1.24 “Variation” or “Variation to the Services” means any change to the Services
instructed or approved as a Variation under Clause 5.1 [Variations].
1.1.25 “Variation Notice” means a written communication identified as a Variation Notice
and issued in accordance with the provisions of Clause 1.3 [Notices and other
Communications].
1.1.26 “Works Contract” means a contract for the performance of permanent and
temporary works (if any) to be carried out by a contractor appointed by the Client
for the achievement of the Project.
1.1.27 “year” means a calendar year.
1.2 Interpretation
1.2.1 Words indicating the singular include the plural, and vice versa where the context
requires.
1.2.2 Words indicating one gender include all genders.
1.2.3 Provisions including the word “agree”, “agreed” or "agreement” require the
agreement to be recorded in writing, and signed by both Parties.
1.2.4 “shall” means that the Party or person referred to has the obligation under the
Agreement to perform the duty referred to.
1.2.5 “may" means that the Party or person referred to has the choice of whether to act
or not in the matter referred to.
1.2.6 “written” or “in writing” means handwritten, type-written, printed or electronically
made and resulting in a permanent uneditable record.
1.2.7 any reference to “price”, “rates”, “costs”, “expenses", “damages”, and the like
shall be a reference to the value of such item net of any applicable taxes unless
specified otherwise.
1.3 Notices and other Communications
1.3.1 Wherever the Agreement provides for the giving or issuing of a Notice, a Variation
Notice or other form of communication including without limitation approvals,
consents, instructions, and decisions, then such Notice, Variation Notice or
communication shall be:
a. where it is a Notice or Variation Notice, identified as such with reference to
the Clause or Sub-Clause under which it is issued;
b. where it is another form of communication, identified as such with reference
to the Clause or Sub-Clause under which it is issued where appropriate;

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c. in writing and delivered by hand (against receipt), sent by mail or courier, or

transmitted by any form of agreed system of electronic transmission stated
in the Contract Data (Part A of the Particular Conditions); and
d. delivered, sent or transmitted to the address for the recipient’s
communications as stated in the Contract Data (Part A of the Particular
Conditions). However:
i. if the recipient gives Notice of another address, Notices and other
forms of communication shall thereafter be delivered accordingly;
and
ii. if the recipient has not stated otherwise when requesting an approval
or consent, it may be sent to the address from which the request was
issued.
Notices and other form of communications shall not be unreasonably withheld or
delayed.
1.4 Law and Language
1.4.1 The Agreement shall be governed by the law stated in the Contract Data (Part A
of the Particular Conditions) or, if no governing law is stated in the Particular
Conditions, by the law of the Country.
1.4.2 If any part of the Agreement is written in more than one language then the ruling
language shall be that stated in the Contract Data (Part A of the Particular
Conditions).
1.4.3 The language for all communications shall be the ruling language stated in the
Contract Data (Part A of the Particular Conditions) or where no language is stated
then all communications shall be in the language in which the Agreement (or most
of it) is written.
1.5 Changes in Legislation
1.5.1 If after the date of the Consultant’s offer/proposal in relation to the Agreement the
scope, extent, nature or type of Services is affected by any change to national (or
state) legislation, any statute, statutory instrument, order, regulation, bylaw, code
or other legislation having application to the Services then such change to the
Services shall be treated as a Variation to the Services under Clause 5.1
[Variations].
1.5.2 If after the date of the Consultant’s offer/proposal in relation to the Agreement any
change to national (or state) legislation, any statute, statutory instrument, order,
regulation, bylaw, code or other legislation in any country in which the services are
required by the Client, causes the Consultant to incur Exceptional Costs, then the
agreed remuneration shall be adjusted in accordance with Sub-Clause 7.1.2
[Payment to the Consultant], and the Time for Completion amended in accordance
with Clause 4.4 [Delays]. As soon as reasonably practicable the Consultant shall
inform the Client by issue of a Notice of the occurrence of the Exceptional Costs.
Either Party may by a separate Notice to the other require that the provisions of
the Agreement be amended to comply with the change in legislation where
applicable.

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1.6 Assignment and Sub-Contracts

1.6.1 Neither the Client nor the Consultant shall at any time assign the benefit of the
Agreement without the prior written consent of the other. Such consent shall not
be unreasonably withheld or delayed.
1.6.2 Neither the Client nor the Consultant shall assign obligations under the Agreement
without the written consent of the other Party.
1.6.3 The Consultant shall not sub-contract performance of all or part of the Services
without the written consent of the Client. The consent of the Client shall not be
required where the appointment of a sub-consultant for the performance of part of
the Services is included in the Consultant’s offer/proposal, if any, as incorporated
into the Agreement, or is otherwise anticipated in any of the documents
constituting the Agreement.
1.6.4 The Client’s consent to any sub-contract arrangement shall not relieve the
Consultant of any of the Consultant’s obligations under the Agreement. The
Consultant shall remain responsible and liable to the Client for the acts, omissions
and defaults of the sub-consultant in relation to the Agreement as if they were
acts, omissions and defaults of the Consultant.
1.7 Intellectual Property
1.7.1 All Intellectual Property held in any medium, whether electronic or otherwise,
created by the Consultant during the performance of the Services (Foreground
Intellectual Property) shall be vested in the Consultant. The Consultant shall grant
to the Client a royalty-free worldwide licence to use and copy the Foreground
Intellectual Property for any purpose in connection with the Project.
1.7.2 All Background Intellectual Property shall remain the property of the original
owner. The Consultant hereby grants to the Client, or agrees to procure the grant
to the Client of an unrestricted royalty-free licence to use and copy the
Consultant’s Background Intellectual Property to the extent reasonably required to
enable the Client to make use of the Services or the Project. The Client hereby
grants to the Consultant an unrestricted royalty-free licence to use and copy the
Client’s Background Intellectual Property provided to the Consultant to the extent
reasonably required to enable the Consultant to provide the Services.
1.7.3 The Consultant shall ensure (except in respect of any of the Client’s Background
Intellectual Property) that the Foreground Intellectual Property and the
Consultant’s Background Intellectual Property, to the extent incorporated into the
Services, will not infringe any Intellectual Property or other rights of any third party.
1.7.4 The Consultant shall not be liable for the use by any person of the Consultant’s
Background Intellectual Property or the Consultant’s Foreground Intellectual
Property for any purpose other than the purpose for which it was originally
intended.
1.7.5 In the event that the Client is in default of payment of any amounts due under the
Agreement then the Consultant may upon seven (7) days’ Notice revoke any
licence granted therein.
1.8 Confidentiality

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1.8.1 Except with the prior written consent of the other Party, neither Party shall disclose
or cause or permit their employees, professional advisers, agents or sub-
consultants to disclose to third parties any Confidential Information.
1.8.2 The restrictions on use and disclosure set forth in Sub-Clause 1.8.1 shall not apply
to any information:
a. which at the date of its disclosure is public knowledge or which subsequently
becomes public knowledge other than by any act or failure to act on the part
of the receiving Party or persons for whom the receiving Party has assumed
responsibility under the Agreement;
b. which the receiving Party can establish by written proof was already in its
possession at the time of disclosure by the disclosing Party and was not
acquired directly or indirectly from the disclosing Party;
c. which at any time after the Commencement Date has been acquired from
any third party who did not acquire such information directly or indirectly
from the disclosing Party or any of the disclosing Party’s employees or
professional advisers;
d. which by proof in writing has been independently developed by the receiving
Party without the use of Confidential Information; or
e. which is required to be disclosed by law or order of a court of competent
jurisdiction or government, department, agency or other public authority.
1.8.3 The obligations set forth in Sub-Clause 1.8.1 shall expire two (2) years after
completion of the Services or the termination of the Agreement (whichever is the
earlier) unless stated otherwise in the Contract Data (Part A of the Particular
Conditions).
1.9 Publication
1.9.1 Subject to Clause 1.8 [Confidentiality] and unless otherwise specified in the
Particular Conditions, the Consultant, either alone or jointly with others, may
publish material relating to the Services. Publication shall be subject to approval of
the Client if it is within two (2) years of completion of the Services or termination of
the Agreement (whichever is the earlier).
1.9.2 The Consultant may use material and information relating to the Services and the
Project for commercial tendering purposes.
1.10 Anti-Corruption
1.10.1 In the performance of their obligations under the Agreement, the Consultant and
the Client, their agents and employees shall comply with all applicable laws, rules,
regulations, and orders of any applicable jurisdiction, including without limitation
those relating to corruption and bribery.
The Consultant hereby represents, warrants and covenants that:
a. it shall not participate, directly or indirectly in bribery, extortion, fraud,
deception, collusion, cartels, abuse of power, embezzlement, trading in
influence, money laundering, use of insider information, the possession of
illegally obtained information or any other criminal activity; and

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b. it shall neither receive nor offer, pay or promise to pay either directly or
indirectly, anything of value to a “public official” (as defined below) in
connection with any business opportunities which are the subject of the
Agreement. Furthermore, the Consultant shall immediately give Notice to the
Client with full particulars in the event that the Consultant receives a request
from any public official requesting illicit payments.
1.10.2 A “public official” is:
a. any official or employee of any government agency or government-owned or
controlled enterprise;
b. any person performing a public function;
c. any official or employee of a public international organisation including
without limitation donor or funding agencies or the Client;
d. any candidate for political office; or
e. any political party or an official of a political party.
1.10.3 In conjunction with the requirements of this Clause 1.10 the Consultant shall at the
Client’s request demonstrate that it adheres to a documented code of conduct in
respect to the prevention of corruption and bribery.
1.11 Relationship of Parties
1.11.1 Nothing contained in the Agreement shall be construed as creating a partnership,
agency or joint venture between the Parties.
1.11.2 Where either Party consists of a joint venture or consortium then members of such
joint venture or consortium shall be jointly and severally liable under the
Agreement.
1.12 Agreement Amendment
1.12.1 The Agreement can only be amended with the written agreement of the Parties.
1.13 Severability
1.13.1 If any term or provision under the Agreement is held to be illegal or unenforceable
in whole or in part then such term or provision shall be disregarded without
affecting the enforceability of the remainder of the Agreement. Where either Party
cannot rely on any term or provision, the Parties shall negotiate in good faith for
an alternative term or provision with similar contractual effect for both Parties.
1.14 Non-Waiver
1.14.1 No failure or delay by either Party in exercising any of its rights under the
Agreement shall operate as a waiver of such rights. Any waiver given by either
Party in connection with the Agreement is binding only if it is served as a Notice
and then strictly in accordance with the terms of the Notice.
1.15 Priority of Documents
1.15.1 The documents forming the Agreement are to be taken as mutually explanatory of
one another. If there is a conflict between these documents then the documents
shall be interpreted and construed in accordance with the order of precedence of

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documents given in the Contract Data (Part A of the Particular Conditions). If the
conflict cannot be so resolved then the Client shall issue an instruction or Variation
to the Services under Clause 5.1 [Variations] as the case may require, in order to
resolve the conflict.
1.16 Good Faith
1.16.1 In all dealings under the Agreement the Client and the Consultant shall act in good
faith and in a spirit of mutual trust.
2 The Client
2.1 Information
2.1.1 In order not to delay the Consultant in the performance of the Services, the Client
shall within a reasonable time and with due regard to the Programme, provide to
the Consultant, free of cost, all information, and any further information reasonably
requested by the Consultant, which may pertain to the Services and which the
Client is able to obtain.
2.1.2 The Client accepts responsibility for and acknowledges that the Consultant will
rely on the accuracy, sufficiency and consistency of all the information provided by
the Client or by others on behalf of the Client. The Consultant shall use
reasonable endeavours to review all significant information provided to it by the
Client or by others on behalf of the Client within a reasonable time of receipt. To
the extent achievable using the Standard of Care in Sub-Clause 3.3.1 [Standard of
Care], the Consultant shall review such information with a view to ensuring that
such information does not contain any manifest error, omission or ambiguity and
shall give Notice to the Client promptly of any adverse findings.
2.1.3 In the event of any error, omission, or ambiguity (for the avoidance of doubt,
including a manifest error, omission or ambiguity) in the information provided to
the Consultant then the Client shall rectify such matter by Notice and where
necessary shall issue a Variation to the Services in accordance with Clause 5.1
[Variations] as the case may require.
2.2 Decisions
2.2.1 On all matters properly referred to the Client in writing by the Consultant, the
Client shall give its decision, approval, consent, instruction or Variation, as the
case may be, in writing within a reasonable time and with regard to the
Programme so as not to delay the Services.
2.3 Assistance
2.3.1 In the Country and in respect of the Consultant, its personnel and dependants, as
well as sub-consultants, if any, as the case may be, the Client shall do all in its
power to assist in:
a. the provision of documents necessary for entry, residency, working, and exit;
b. providing unobstructed access wherever it is required for the Services;
c. import, export and customs clearance of personal effects and of goods
required for the Services;
d. their repatriation in emergencies;

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e. the provision of the authority necessary for the Consultant to permit the
import of foreign currency by the Consultant for the Services and by its
personnel for their personal use and to permit the export of money earned in
the performance of the Services; and
f. providing access to other organisations for collection of information which is
to be obtained by the Consultant.
Sub-Clauses 2.3.1(a) and (c) to (e) shall not apply where the Country is a principal
place of business of the Consultant.
2.4 Client’s Financial Arrangements
2.4.1 The Client shall submit to the Consultant, within twenty-eight (28) days of
receiving any request from the Consultant, reasonable evidence that financial
arrangements have been made and are being maintained which will enable the
Client to make timely payments under the provision of the Agreement.
2.4.2 If the Client intends to make any material change to its financial arrangements, the
Client shall give Notice to the Consultant with detailed particulars. In the event that
the Consultant, acting reasonably, is not satisfied with the proposed change
and/or supporting particulars submitted by the Client, then the Consultant shall be
entitled to suspend the Services pursuant to Sub-Clause 6.1.2(c) [Suspension of
Services].
2.5 Supply of Client’s Equipment and Facilities
2.5.1 The Client shall make the equipment and facilities described in the Contract Data
(Part A of the Particular Conditions) [Personnel, Equipment, Facilities and
Services of Others to be Provided by the Client] available to the Consultant for the
purpose of the Services, with due regard to the Programme and free of cost.
2.6 Supply of Client’s Personnel
2.6.1 In consultation with the Consultant, the Client shall at its own cost arrange for the
selection and provision of suitably qualified personnel in its employment to the
Consultant in accordance with the requirements, if any, in the Contract Data (Part
A of the Particular Conditions) [Personnel, Equipment, Facilities and Services of
Others to be Provided by the Client]. In connection with the provision of the
Services and subject to the requirements of the applicable law(s), such personnel
shall take instructions from the Consultant only.
2.6.2 The personnel to be supplied by the Client, and any future replacements that may
be necessary, shall be subject to acceptance by the Consultant. Such acceptance
shall not be unreasonably withheld.
2.6.3 In the event that the Client cannot supply the Client’s personnel for which it is
responsible or the performance of the Client’s personnel supplied to the
Consultant is not, in the reasonable opinion of the Consultant, adequate to
discharge the services assigned to them, then the Consultant shall arrange for an
alternative supply of personnel at the Client’s cost and the Client shall issue a
Variation to the Services in accordance with Clause 5.1 [Variations].
2.7 Client’s Representative
2.7.1 The Client shall notify the Consultant of the extent of powers and authority

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delegated to the Client’s Representative.

2.8 Services of Others
2.8.1 The Client shall arrange, at its own cost, for the provision of services from others
as described in the Contract Data (Part A of the Particular Conditions) [Personnel,
Equipment, Facilities and Services of Others to be Provided by the Client], and the
Consultant shall co-operate with the suppliers of such services but shall not be
responsible for them or their performance. Where the provision of services by
others is necessary for the proper performance of the Services then the Client
shall ensure that such provision of services by others is given in sufficient time so
as to allow the Consultant to proceed in accordance with the Programme.
2.8.2 Unless otherwise stated in the Contract Data (Part A of the Particular Conditions),
the responsibility for interface management between the Services and services
provided by others remains with the Client.
3 The Consultant
3.1 Scope of Services
3.1.1 The Consultant shall perform the Services as stated in the Contract Data (Part A
of the Particular Conditions).
3.1.2 The Consultant shall perform the Services in accordance with the Programme as
may be amended from time to time in accordance with the Agreement.
3.1.3 The Consultant declares that as at the date of signature of the Agreement there
are no circumstances or matters that may give rise to a conflict of interest in the
performance of its obligations under the Agreement. The Consultant shall inform
the Client immediately if it becomes aware of any such circumstances or matters.
If a conflict of interest arises then the Parties shall agree, in good faith, on
measures to manage such conflict.
3.2 Function and Purpose of Services
3.2.1 Where appropriate, the Client shall describe the function and purpose of the
Services and state the same explicitly in the Contract Data (Part A of the Particular
Conditions).
3.3 Standard of Care
3.3.1 Notwithstanding any term or condition to the contrary in the Agreement or any
related document or any legal requirement of the Country or any other relevant
jurisdiction (including, for the avoidance of doubt, the jurisdiction of the place of
establishment of the Consultant), in the performance of the Services the
Consultant shall have no other responsibility than to exercise the reasonable skill,
care and diligence to be expected from a consultant experienced in the provision
of such services for projects of similar size, nature and complexity.
3.3.2 To the extent achievable using the standard of care in Sub-Clause 3.3.1, and
without extending the obligation of the Consultant beyond that required under
Sub-Clause 3.3.1, the Consultant shall perform the Services with a view to
satisfying any function and purpose that may be described in the Contract Data
(Part A of the Particular Conditions).

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3.3.3 The Consultant shall comply with all regulations, statutes, ordinances and other
forms of standards, codes of practice and legislation applicable to the Services
and the Agreement.
3.4 Client’s Property
3.4.1 Anything supplied by or paid for by the Client for the use of the Consultant shall be
the property of the Client and, where practicable, shall be so marked. The
Consultant shall make reasonable endeavours to safeguard and protect such
property of the Client until completion of the Services and/or return of such
property to the Client.
3.5 Consultant’s Personnel
3.5.1 The key personnel who are proposed by the Consultant to work in the Country
shall be subject to acceptance by the Client with regard to their qualifications and
experience. Such acceptance by the Client shall not be unreasonably withheld.
Personnel, if any, included in the Consultant’s offer/proposal included as part of
the Agreement shall be deemed to be accepted by the Client on entering into the
Agreement.
3.6 Consultant’s Representative
3.6.1 The Consultant shall notify the Client of the extent of powers and authority
delegated to the Consultant’s Representative.
3.6.2 If required by the Client, the Consultant shall designate an individual to liaise with
the Client’s Representative in the Country.
3.7 Changes in Consultant’s Personnel
3.7.1 If it is necessary for any reason to replace any of the personnel provided by the
Consultant, the Consultant shall arrange for replacement by a person(s) of
suitable qualification and experience in the provision of the Services as soon as
reasonably possible.
3.7.2 The cost of such replacement shall be borne by the Consultant except where the
replacement is requested by the Client, and in such case:
a. the request by the Client shall be made by Notice stating the reasons for it;
such reasons shall relate to the provision of the Services and shall be
reasonable and not vexatious; and
b. the Client shall bear the cost of replacement unless misconduct or inability to
perform satisfactorily in accordance with Sub-Clause 3.3.1 [Standard of
Care] is the reason for the replacement of the relevant personnel by the
Consultant.
3.8 Safety and Security of Consultant’s Personnel
3.8.1 If in the reasonable opinion of the Consultant the health, safety or security of its
personnel whilst in the Country is compromised by an Exceptional Event then the
Consultant shall be entitled to suspend all or part of the Services in accordance
with Sub-Clause 6.1.2(b) [Suspension of Services] and remove such personnel
from the Country until such time as the Exceptional Event has ceased.
3.9 Construction Administration

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3.9.1 This Clause only applies where stated in the Contract Data (Part A of the
Particular Conditions), whereby the Consultant is required to perform the defined
function of the engineer, employer’s representative, project manager or similar
under a Works Contract. Where such services are included in the scope of
Services in the Contract Data (Part A of the Particular Conditions) they shall be
considered to be part of the Services.
3.9.2 Where explicitly described in the Contract Data (Part A of the Particular
Conditions), the Consultant shall perform the role of the engineer, employer’s
representative, project manager or similar as laid down in the Works Contract. The
Consultant shall provide such construction administration services in accordance
with the scope of Services.
3.9.3 When acting as the engineer, employer’s representative, project manager or
similar, the Consultant shall have the authority to act on behalf of the Client to the
extent provided in the Works Contract. If the authority of the Consultant under the
Works Contract is subject to prior approval of the Client, then the Client warrants
that such restriction on the authority of the Consultant shall be stated in the Works
Contract or shall be made known in writing to the contractor under the Works
Contract. If the Consultant is authorised under the Works Contract to certify,
determine or exercise discretion in the discharge of its duties then the Consultant
shall act fairly as go-between the Client and the contractor, exercising
independent professional judgement and using reasonable skill, care and
diligence.
3.9.4 The Consultant shall not be liable to the Client for the performance of the Works
Contract by the contractor. In the discharge of its duties under the Works Contract,
the Consultant shall only be liable to the Client if the Consultant commits a breach
of the Agreement. In so far as the applicable law permits the Client shall indemnify
the Consultant against any and all claims made by the contractor against the
Consultant arising out of or connected with the Works Contract.
3.9.5 The Consultant shall not be liable to the Client or the contractor for the means,
techniques, methods or sequencing of any aspect of the Works Contract or for the
safety or adequacy of any of the contractor’s operations.
3.9.6 If an ambiguity or discrepancy is found between the Consultant’s obligations under
the Agreement and the Consultant’s duties under the Works Contract, the
Consultant shall give Notice to the Client indicating the effect of such ambiguity or
discrepancy. The Client shall rectify such ambiguity or discrepancy by instruction
as soon as reasonably practicable and where necessary shall issue a Variation to
the Services in accordance with Clause 5.1 [Variations].
4 Commencement and Completion
4.1 Agreement Effective
4.1.1 The Agreement shall be effective from the date of the latest signature necessary
to complete the formal Agreement (the “Effective Date”).
4.2 Commencement and Completion of Services
4.2.1 The Consultant shall commence the performance of the Services as soon as is
reasonably practicable after the Commencement Date. The Consultant shall

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complete the whole of the Services within the Time for Completion.
4.3 Programme
4.3.1 Within fourteen (14) days of the Commencement Date the Consultant shall submit
its Programme which shall include as a minimum:
a. the order and timing in which the Consultant intends to carry out the
Services in order to complete the Services within the Time for Completion;
b. any key dates stipulated in the Contract Data (Part A of the Particular
Conditions) or elsewhere in the Agreement for the delivery of any part of the
Services to the Client;
c. the key dates when decisions, consents, approvals or information from the
Client or third parties is required to be given to the Consultant;
d. any other requirements stated in the Contract Data (Part A of the Particular
Conditions).
The Consultant shall keep the Programme under review and shall amend the
same as and when necessary to comply with the Agreement.
4.3.2 Unless the Client, within fourteen (14) days of receiving the Programme, gives
Notice to the Consultant stating the extent to which it does not comply with the
Agreement, the Consultant shall proceed in accordance with the Programme,
subject to its other obligations under the Agreement.
4.3.3 The Parties shall promptly give Notice to each other of any specific, actual or
probable future events or circumstances which may adversely affect or delay the
Services or lead to an increase in the cost of the Services.
4.4 Delays
4.4.1 The Consultant shall be entitled to an extension of the Time for Completion if and
to the extent that completion of the Services is or will be delayed by any of the
following causes:
a. a Variation to the Services;
b. any delay, impediment or prevention caused by or attributable to the Client,
or the Client’s other consultants, contractors, or other third parties;
c. an Exceptional Event; or
d. any other event or circumstance giving an entitlement to extension of the
Time for Completion under the Agreement.
4.4.2 Any extension of the Time for Completion shall have due regard to the
Programme and any constraints therein.
4.4.3 Where any circumstance referred to in Sub-Clause 4.4.1 causes the Consultant to
incur Exceptional Costs, then the agreed remuneration shall be adjusted in
accordance with Sub-Clause 7.1.2 [Payment to the Consultant]. As soon as
reasonably practicable the Consultant shall inform the Client of the occurrence of
the Exceptional Costs by issue of a Notice.
4.5 Rate of Progress of Services

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4.5.1 If, for any reason that does not entitle the Consultant to an extension of the Time
for Completion, the rate of progress of the Services is, in the reasonable opinion of
the Client, insufficient to ensure completion of the Services within the Time for
Completion, then the Client may give Notice to that effect to the Consultant. Upon
receipt of such Notice the Consultant shall revise the Programme and shall issue
a Notice to the Client describing the measures the Consultant intends to put in
place in order to complete the Services in accordance with the Time for
Completion.
4.6 Exceptional Event
4.6.1 If a Party is prevented from performing any of its obligations under the Agreement
by, or due to, an Exceptional Event then it shall give a Notice to the other Party
providing a description of the Exceptional Event together with an assessment of its
effects on the Party’s ability to comply with its obligations under the Agreement.
The Notice shall be given within fourteen (14) days from when the Party becomes
aware, or should have become aware, of the event or circumstance constituting
an Exceptional Event.
The Party having given Notice, shall be excused from performance of such
obligations for so long as the effects of the Exceptional Event prevent such
performance.
4.6.2 Where an Exceptional Event gives rise to an unavoidable change in the scope of
Services then the Client shall issue a Variation to the Services in accordance with
Clause 5.1 [Variations]. Where an Exceptional Event gives rise to a delay in the
completion of the Services then the Consultant shall be entitled to an extension of
the Time for Completion in accordance with Clause 4.4 [Delays].
4.6.3 Notwithstanding any other provision of this Clause 4.6, the obligations of either
Party to make payments to the other Party under the Agreement shall not be
excused by an Exceptional Event.
5 Variations to Services
5.1 Variations
5.1.1 A Variation to the Services may be initiated by the Client by issue of a Variation
Notice at any time prior to completion of the Services. The Client may request the
Consultant to submit a proposal in respect of a proposed Variation. If the proposal
is accepted by the Client then the Variation shall be confirmed by the Client by
issue of a Variation Notice. Any such Variation shall not substantially change the
extent or nature of the Services.
5.1.2 A Variation to the Services may be issued in respect of any:
a. amendment to Sub-Clause 3.1 [Scope of Services] or to Sub-Clause 2.5
[Supply of Client’s Equipment and Facilities];
b. omission of part of the Services but only where such omitted services are no
longer required by the Client;
c. changes in the specified sequence or timing of the performance of the
Services;
d. changes in the method of implementation of the Services;

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e. provision of the Agreement requiring the issue of a Variation; or

f. proposal submitted by the Consultant (at the Client’s request or otherwise)
and accepted in writing by the Client.
5.1.3 The Consultant shall give Notice to the Client as soon as reasonably practicable
where the Consultant considers that any instruction or direction from the Client or
any other circumstance constitutes a Variation to the Services. The Consultant
shall include in the Notice details of the estimated impact upon the Programme
and cost of the Services for such matters. Within fourteen (14) days of receipt of
the Notice the Client shall either issue a Variation Notice, or cancel the instruction
or direction, or state by issue of a further Notice why the Client considers the
instruction, direction or circumstance does not constitute a Variation to the
Services. In such case the Consultant shall comply with and be bound by such
further Notice unless the Consultant refers the matter as a dispute under Clause
10 [Disputes and Arbitration] within seven (7) days of receipt of such further
Notice.
5.1.4 Unless the Consultant promptly gives Notice to the Client (with supporting
evidence) that:
a. it does not possess the relevant skills or resources to carry out the Variation,
or
b. the Consultant considers that the Variation will substantially change the
extent or nature of the Services,
the Consultant shall be bound by each Variation. The Consultant shall not
otherwise make any changes to the Services.
5.2 Agreement of Variation Value and Impact
5.2.1 The Client and the Consultant shall agree the value of any Variation, or its method
of calculation, including its impact (if any) upon other parts of the Services, the
Programme and the Time for Completion.
5.2.2 The value of any Variation shall be determined in accordance with or based upon
the rates and/or prices in Volume IV [Pricing Document]. Where the rates and/or
prices are not applicable to the Variation then new rates shall be agreed by the
Parties.
5.2.3 The value of the Variation and its impact on the Programme shall be agreed and
confirmed in writing by the Client to the Consultant. Pursuant to such agreement
the Client shall issue an instruction to the Consultant to commence work on the
Variation.
5.2.4 Where agreement under Sub-Clause 5.2.3 is not reached within fourteen (14)
days of receipt by the Consultant of the Variation Notice or it is not practicable to
establish and agree between the Parties all the effects of the Variation prior to the
Consultant commencing work on the Variation then the Client may by Notice
instruct the Consultant to commence work on the Variation and the Consultant
shall comply with such instruction. The Consultant shall be compensated on a
time-spent basis at the rates and prices stated in Volume IV [Pricing Document] or
if no rates and prices are stated then at reasonable rates and prices until such

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time as agreement is reached on all the effects of the Variation.

6 Suspension of Services and Termination of Agreement
6.1 Suspension of Services
6.1.1 The Client may suspend all or part of the Services at its sole discretion and for any
reason by giving twenty-eight (28) days’ Notice to the Consultant.
6.1.2 The Consultant may suspend all or part of the Services in the following
circumstances:
a. When the Consultant has not received payment of an invoice or a part of an
invoice, as the case may be, by the due date for payment of such invoice
and the Client has not issued a valid Notice in accordance with Clause 7.5
[Disputed Invoices] stating the reasons for non-payment of the invoice or
part thereof, subject to the Consultant giving seven (7) days’ Notice to the
Client.
b. Where an Exceptional Event arises, including that contemplated under
Clause 3.8 [Safety and Security of Consultant’s Personnel]. Notice shall be
given to the Client as soon as reasonably practicable. The Consultant shall
take reasonable endeavours to avoid or minimise such suspension of all or
part of the Services.
6.2 Resumption of Suspended Services
6.2.1 When the Services have been suspended under Sub-Clause 6.1.1 [Suspension of
Services] the Consultant shall resume the Services or part thereof, as the case
may be, within twenty-eight (28) days of receipt of Notice from the Client
instructing the Consultant to resume the Services or part thereof.
6.2.2 Where the Services have been suspended under Sub-Clause 6.1.2 [Suspension
of Services] the Consultant shall resume the Services or part thereof, as the case
may be, as soon as reasonably practicable after the matters giving rise to the
suspension have ceased.
6.3 Effects of Suspension of the Services
6.3.1 The Consultant shall be paid for Services performed in accordance with the
Agreement up to the date of suspension of the Services or part thereof, as the
case may be.
6.3.2 During the period of suspension, the Consultant shall not perform the Services or
part thereof as the case may be, but shall ensure, so far as is reasonably
practicable, the security, maintenance and custody of the Services so as to
prevent spoilage or loss.
6.3.3 If during the suspension and resumption of Services or part thereof the Consultant
incurs Exceptional Costs, then:
a. the agreed remuneration shall be adjusted in accordance with Sub-Clause
7.1.2 [Payment to the Consultant];
b. the Time for Completion shall be amended in accordance with Clause 4.4
[Delays] to reflect the effect of the suspension on the Programme.

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c. as soon as reasonably practicable the Consultant shall inform the Client by

issue of a Notice of the occurrence of these Exceptional Costs.
6.3.4 The Consultant shall take reasonable measures to mitigate the effects of the
suspension of the Services or part thereof.
6.4 Termination of Agreement
6.4.1 Termination by the Client
a. If the Consultant without good reason is in breach of a material term or
condition of the Agreement, the Client may give Notice to the Consultant
outlining the breach and the remedy required under the Agreement. If the
Consultant has not proceeded to remedy the breach within twenty-eight (28)
days after the issue of the Notice then the Client may terminate the
Agreement upon giving fourteen (14) days’ Notice to the Consultant.
b. Notwithstanding the notice periods in Sub-Clause 6.4.1(a), if the Consultant
becomes bankrupt or insolvent, goes into liquidation, has a receiving or
administration order made against it, compounds with its creditors, or carries
on business under a receiver, trustee or manager for the benefit of its
creditors, or if any act is done or event occurs which (under applicable laws)
has a similar effect to any of these acts or events, the Client may in so far as
the applicable laws permit terminate the Agreement with immediate effect
upon service of an appropriate Notice.
c. Notwithstanding the notice periods in Sub-Clause 6.4.1(a), if the Consultant
is in breach of Clause 1.10 [Anti-Corruption], the Client may terminate the
Agreement with immediate effect upon service of an appropriate Notice.
d. At its sole discretion upon giving the Consultant fifty-six (56) days’ Notice
provided always that the Client shall not be entitled to use this provision in
order to obtain the Services from others, or in order to perform the Services
by itself.
e. Without prejudice to Sub-Clause 6.1.1 [Suspension of Services], where an
Exceptional Event has led to a suspension of the Services for more than one
hundred and sixty-eight (168) days the Client may terminate the Agreement
upon giving fourteen (14) days’ Notice to the Consultant.
6.4.2 Termination by the Consultant
a. If the Services have been suspended under Sub-Clause 6.1.1 [Suspension
of Services] for more than one hundred and sixty-eight (168) days the
Consultant may terminate the Agreement upon giving fourteen (14) days’
Notice to the Client.
b. If the Services have been suspended under Sub-Clause 6.1.2(a)
[Suspension of Services] for more than forty-two (42) days the Consultant
may terminate the Agreement upon giving fourteen (14) days’ Notice to the
Client.
c. If the Client becomes bankrupt or insolvent, goes into liquidation, has a
receiving or administration order made against it, compounds with its
creditors, or carries on business under a receiver, trustee or manager for the

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benefit of its creditors, or if any act is done or event occurs which (under
applicable laws) has a similar effect to any of these acts or events, the
Consultant may in so far as the applicable laws permit terminate the
Agreement with immediate effect upon service of an appropriate Notice.
d. If the Client is in breach of Clause 1.10 [Anti-Corruption] the Consultant may
terminate the Agreement with immediate effect upon service of an
appropriate Notice.
e. If the Services have been suspended under Sub-Clause 6.1.2(b)
[Suspension of Services] for more than one hundred and sixty-eight (168)
days the Consultant may terminate the Agreement upon giving fourteen (14)
days' Notice to the Client.
6.5 Effects of Termination
6.5.1 The Consultant shall be paid for Services performed in accordance with the
Agreement up to the date of termination of the Agreement.
6.5.2 If the Agreement is terminated in accordance with Sub-Clause 6.4.1(a) or (b) or (c)
[Termination of Agreement] the Client shall, without prejudice to any other rights
the Client may have under the Agreement, be entitled to:
a. take over from the Consultant all documents, information, calculations and
other deliverables, whether in electronic format or otherwise, pertaining to
the Services performed up to the date of termination, necessary to enable
the Client to complete the Services either by itself or with the assistance of
another consultant (all documents in electronic format shall be editable);
b. claim compensation for reasonable costs directly incurred as a
consequence of the termination, including but not limited to additional costs
incurred in arranging for the Services to be completed by another
consultant;
c. withhold payments due to the Consultant until all the costs incurred by the
Client under Sub-Clause 6.5.2(b) above have been established and all
documents, information, calculations and other deliverables necessary to
enable the Client to complete the Services have been received. The Client
shall act expeditiously and without delay in establishing its own costs under
Sub-Clause 6.5.2(b).
The Client shall take all reasonable steps to mitigate such costs. The Client's
entitlement under this Sub-Clause 6.5.2 shall be limited to those costs that are
reasonably foreseeable at the time of signature of the Agreement.
6.5.3 If the Agreement is terminated in accordance with Sub-Clause 6.4.1(d) or (e) or
Sub-Clause 6.4.2 [Termination of Agreement] and the Consultant incurs
Exceptional Costs, then, without prejudice to any other rights the Consultant may
have under the Agreement, the agreed remuneration shall be adjusted in
accordance with Sub-Clause 7.1.2 [Payment to the Consultant]. The Consultant
shall inform the Client as soon as reasonably practicable by issue of a Notice of
the occurrence of the Exceptional Costs.
6.5.4 Where the Agreement is terminated under Sub-Clause 6.4.1(d) or Sub-Clause

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6.4.2(a) to (d) [Termination of Agreement] then the Consultant shall be entitled to

be paid the loss of profit that would otherwise have been earned on the Services
not performed due to the termination.
6.6 Rights and Liabilities of the Parties
6.6.1 Termination of the Agreement shall not prejudice or affect the accrued rights or
claims and liabilities of the Parties.
7 Payment
7.1 Payment to the Consultant
7.1.1 The Client shall pay the Consultant for the Services (including Variations to the
Services) in accordance with the details stated in Volume IV [Pricing Document].
7.1.2 Unless otherwise agreed in writing, the Client shall pay the Consultant in respect
of Exceptional Costs:
a. for the extra time spent by the Consultant’s personnel in the performance of
the Services at the rates and prices stated in Volume IV [Pricing Document].
Where the rates and prices are not applicable then new rates and prices
shall be agreed by the Parties. If agreement is not reached within fourteen
(14) days of the issue of the relevant Notice then reasonable rates and
prices shall be applied; and
b. the cost of all other expenses reasonably incurred by the Consultant.
7.1.3 The Client shall pay any other amounts that become due under the Agreement.
7.2 Time for Payment
7.2.1 Amounts due to the Consultant shall be paid within twenty-eight (28) days of the
date of issue of the Consultant’s invoice unless otherwise stated in the Contract
Data (Part A of the Particular Conditions).
7.2.2 If the Consultant does not receive payment within the time stated in Sub-Clause
7.2.1 it shall be paid financing charges at the rate(s) stated in the Contract Data
(Part A of the Particular Conditions) compounded monthly on the amount overdue
and in its currency calculated from the due date for payment of the invoice to the
actual date payment is received from the Client. Such financing charges shall not
affect the rights of the Consultant stated in Sub-Clause 6.1.2(a) [Suspension of
Services] or Sub-Clause 6.4.2 [Termination of Agreement].
7.2.3 Without prejudice to Sub-Clause 6.5.2(c) [Effects of Termination] the Client shall
not withhold payment of any part of an invoice for any amount properly due to the
Consultant under the Agreement by reason of claims or alleged Claims against
the Consultant unless the amount to be withheld has been agreed with the
Consultant as due to the Client, or has been awarded by an adjudicator or an
arbitrator to the Client pursuant to a referral under Clause 10 [Disputes and
Arbitration].
7.3 Currencies of Payment
7.3.1 The currencies applicable to the Agreement are those stated in the Contract Data
(Part A of the Particular Conditions).

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7.3.2 If at the Effective Date of the Agreement or during the performance of the Services
the conditions in the Country (except where the Country is the principal place of
business of the Consultant) are such as may:
a. prevent or delay the transfer abroad of Local or Foreign Currency payments
received by the Consultant in the Country;
b. restrict the availability or use of Foreign Currency in the Country; or
c. impose taxes or differential rates of exchange for the transfer from abroad of
Foreign Currency into the Country by the Consultant for Local Currency
expenditure and subsequent re-transfer abroad of Foreign Currency or Local
Currency up to the same amount, such as to inhibit the Consultant in the
performance of the Services or to result in financial disadvantage to it, then
the Client agrees that such circumstances shall be deemed to justify the
application of Clause 4.6 [Exceptional Event] if alternative financial
arrangements are not made to the satisfaction of the Consultant.
7.4 Third-Party Charges on the Consultant
7.4.1 Except where specified in the Particular Conditions or the Contract Data (Part A of
the Particular Conditions) and except where the Country is the principal place of
business of the Consultant:
a. the Client shall whenever possible arrange that exemption is granted to the
Consultant and those of its personnel who are not normally resident in the
Country from any payments required by the government or authorised third
parties in the Country which arise from the Agreement in respect of:
i. their remuneration;
ii. their imported goods other than food and drink;
iii. goods imported for the Services;
iv. documents imported for the Services;
b. whenever the Client is unsuccessful in arranging such exemption, it shall
reimburse the Consultant for such payments properly made, provided that
the goods or documents imported for the Services when no longer required
for the purpose of the Services, and not the property of the Client:
i. shall not be disposed of in the Country without the Client’s approval;
ii. shall not be exported without payment to the Client of any refund or
rebate recoverable and received from the government or authorised
third parties.
7.5 Disputed Invoices
7.5.1 Without prejudice and subject to Sub-Clause 7.2.3 [Time for Payment], if any item
or part of an item in an invoice submitted by the Consultant is contested by the
Client as not properly due under the Agreement, the Client shall, within seven (7)
days of the date of issue of the Consultant’s invoice, give a Notice of its intention
to withhold payment with reasons but shall not delay payment of the remainder of
the invoice. Sub-Clause 7.2.2 [Time for Payment] shall apply to all contested
amounts which are finally determined to have been payable to the Consultant.

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7.6 Independent Audit

7.6.1 Except where the Agreement provides for lump sum payments the Consultant
shall maintain up-to-date records which clearly identify relevant time and expense
and shall make these available to the Client on reasonable request.
7.6.2 Except where the Agreement provides for lump sum payments, not later than one
year after the completion or termination of the Services, the Client may, by Notice
of not less than fourteen (14) days to the Consultant, require that an independent
reputable firm of professionally qualified accountants nominated by it audit any
time and expense records claimed by the Consultant. The audit shall be
conducted by attending during normal working hours at the office where the
records are kept and the Consultant shall afford all reasonable assistance to the
auditors. Any such audit shall be at the Client’s cost.
8 Liabilities
8.1 Liability for Breach
8.1.1 The Consultant shall be liable to the Client for any breach by the Consultant of any
provision of the Agreement.
8.1.2 The Client shall be liable to the Consultant for any breach by the Client of any
provision of the Agreement.
8.1.3 If either Party is liable to the other, damages shall be payable only on the following
terms:
a. such damages shall be limited to the amount of reasonably foreseeable loss
and damage suffered as a direct result of such breach;
b. in any event, the amount of such damages shall be limited to the amount
stated in Sub-Clause 8.3.1 [Limit of Liability]; and
c. if either Party is considered to be liable jointly with third parties to the other
Party, the proportion of damages payable by that Party shall be limited to
that proportion of liability which is attributable to its breach.
8.2 Duration of Liability
8.2.1 Notwithstanding any term or condition to the contrary in the Agreement or any
legal requirement of the Country or any other relevant jurisdiction (including, for
the avoidance of doubt, the jurisdiction of the place of establishment of the
Consultant), neither the Client nor the Consultant shall be considered liable for
any loss or damage resulting from any occurrence unless a claim is formally made
on one Party by the other Party before the expiry of the relevant period stated in
the Contract Data (Part A of the Particular Conditions), such period to commence
upon completion of the Services or termination of the Agreement (whichever is
earlier). Each Party agrees to waive all claims against the other in so far as such
claims are not formally made in accordance with this Sub-Clause 8.2.1.
8.3 Limit of Liability
8.3.1 The maximum amount of damages payable by either Party to the other in respect
of any and all liability, including liability arising from negligence, under or in
connection with the Agreement shall not exceed the amount stated in the Contract

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Data (Part A of the Particular Conditions). This limit is without prejudice to any
financing charges specified under Sub-Clause 7.2.2 [Time for Payment], and
without prejudice to Sub-Clause 8.4.1 [Exceptions].
8.3.2 Each Party agrees to waive all claims against the other in so far as the aggregate
of damages which might otherwise be payable exceeds the maximum amount
payable under Sub-Clause 8.3.1.
8.3.3 Without prejudice to the right the Consultant may have under Sub-Clause 6.5.4
[Effects of Termination], neither Party shall be liable in contract, tort, under any law
or in any statutory private right of action or otherwise, for any loss of revenue, loss
of profit, loss of production, loss of contracts, loss of use, loss of business, third-
party punitive damages or loss of business opportunity or for any indirect, special
or consequential loss or damage.
8.4 Exceptions
8.4.1 Sub-Clause 8.1.3 [Liability for Breach], Clause 8.2 [Duration of Liability], and
Clause 8.3 [Limit of Liability] shall not apply to claims arising out of deliberate
manifest and reckless default, fraud, fraudulent misrepresentation or reckless
misconduct by the defaulting Party.
9 Insurance
9.1 Insurances to be taken out by Consultant
9.1.1 The Consultant shall take out and maintain professional indemnity insurance and
public liability insurance in amounts sufficient to cover its liabilities under the
Agreement, provided always in each case that such insurance is available at
commercially reasonable rates and on terms (including normal exclusions)
commonly included in such insurances at the time the insurances were taken out
or renewed as the case may be. Such insurances shall be placed with insurers of
international repute and standing. In assessing a commercially reasonable rate
the Consultant’s own claims record shall be disregarded.
The Consultant shall ensure that the minimum amount of cover under the policies
is not less than the amount specified in the Contract Data (Part A of the Particular
Conditions).
The Consultant shall ensure that its professional indemnity insurance is
maintained for the period of liability stated in the Contract Data (Part A of the
Particular Conditions) in accordance with Sub-Clause 8.2.1 [Duration of Liability].
9.1.2 The Consultant shall take out and maintain workers’ compensation insurance or
employer’s liability insurance and any other insurances as may be required by the
applicable law for the duration of the Services.
9.1.3 When requested to do so by the Client, the Consultant shall produce brokers’ or
insurers’ certificates to show that the insurance cover required by this Clause 9.1
is being maintained.
9.1.4 The Consultant shall notify the Client immediately should any of the insurance
required by this Clause 9.1 be cancelled by the insurers or underwriters.
10 Disputes and Arbitration

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10.1 Amicable Dispute Resolution

10.1.1 If any dispute arises out of or in connection with the Agreement then senior
representatives of the Parties with authority to settle the dispute shall, within
twenty-eight (28) days of a written request from one Party to the other, meet in
order to attempt to resolve the dispute amicably.
10.1.2 If the dispute is not resolved within fifty-six (56) days of receipt of the written
request, then either Party may refer the dispute to adjudication in accordance with
Clause 10.2 [Adjudication], even if the meeting referred to in Sub-Clause 10.1.1
has not taken place.
10.2 Adjudication
10.2.1 Unless settled amicably, any dispute arising out of or in connection with the
Agreement may be referred by either Party to adjudication in accordance with the
Rules for Adjudication in the Particular Conditions. The adjudicator shall be
agreed between the Parties or failing agreement shall be appointed in accordance
with the said Rules for Adjudication.
10.2.2 The Parties shall bear their own costs arising out of the adjudication and the
adjudicator shall not be empowered to award costs to either Party. Without
prejudice to the above, the adjudicator may decide which Party shall bear the
adjudicator’s fees and in what proportion.
10.2.3 If either Party is dissatisfied with the adjudicator’s decision:
a. the dissatisfied Party may give a notice of dissatisfaction to the other Party,
with a copy to the adjudicator;
b. this notice shall state that it is a “Notice of Dissatisfaction with the
Adjudicator’s Decision” and shall set out the matter in dispute and the
reason(s) for dissatisfaction; and
c. this notice shall be given within twenty-eight (28) days of receiving the
adjudicator’s decision.
10.2.4 If the adjudicator fails to give its decision within the period stated in the Rules for
Adjudication, then either Party may, within twenty-eight (28) days of this period
expiring, give a notice to the other Party in accordance with Sub-Clause 10.2.3,
sub-paragraphs (a) and (b), above.
10.2.5 Except as stated in Clause 10.5 [Failure to Comply with Adjudicator’s Decision],
neither Party shall be entitled to commence arbitration of a dispute unless a notice
in respect of that dispute has been given in accordance with Sub-Clause 10.2.8 or
10.2.4. If such a notice has been given, and neither Party commences arbitration
of the dispute within one hundred and eighty-two (182) days of giving or receiving
the notice, such notice shall be deemed to have lapsed and no longer be valid.
10.2.6 Whether a Notice of Dissatisfaction with the adjudicator’s decision has been
issued or not by either Party, any adjudicator’s decision shall become binding on
both Parties upon its release.
10.2.7 If the adjudicator has given its decision as to a matter in dispute to both Parties,
and no notice under Sub-Clause 10.2.3 has been given by either Party within
twenty-eight (28) days of receiving the adjudicator’s decision, then the decision

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shall become final and binding on both Parties.

10.2.8 Adjudication may be commenced before or after completion of the Services. The
obligations of the Parties shall not be altered by reason of any adjudication being
conducted during the progress of the Services.
10.3 Amicable Settlement
10.3.1 Where a notice has been given under Sub-Clause 10.2.3 [Adjudication] or 10.2.4
[Adjudication], both Parties shall attempt to settle the dispute amicably before the
commencement of arbitration. However, unless both Parties agree otherwise,
arbitration may be commenced on or after the twenty-eighth (28th) day after the
day on which this notice was given, even if no attempt at amicable settlement has
been made.
10.4 Arbitration
10.4.1 Unless settled amicably, subject to Clause 10.2 [Adjudication] and Clause 10.5
[Failure to Comply with Adjudicator’s Decision], any dispute in respect of which the
adjudicator’s decision (if any) has not become final and binding shall be finally
settled by international arbitration. Unless otherwise agreed by both Parties:
a. the dispute shall be finally settled under the Rules of Arbitration of the
International Chamber of Commerce;
b. the dispute shall be settled by one or three arbitrators appointed in
accordance with these Rules; and
c. the arbitration shall be conducted in the ruling language defined in the
Contract Data (Part A of the Particular Conditions).
10.4.2 The arbitrator(s) shall have full power to open up, review and revise any ruling or
decision of the Adjudicator.
10.4.3 In any award dealing with costs of the arbitration, the arbitrator(s) may take
account of the extent (if any) to which a Party failed to cooperate with the other
Party in appointing the adjudicator under Clause 10.2 [Adjudication].
10.4.4 Neither Party shall be limited in the proceedings before the arbitrator(s) to the
evidence or arguments previously put before the adjudicator to obtain its decision,
or to the reasons for dissatisfaction given in the Party’s notice under Sub-Clause
10.2 [Adjudication]. Any decision of the adjudicator shall be admissible in evidence
in the arbitration.
10.4.5 Arbitration may be commenced before or after completion of the Services. The
obligations of the Parties shall not be altered by reason of any arbitration being
conducted during the progress of the Services.
10.5 Failure to Comply with Adjudicator’s Decision
10.5.1 In the event that a Party fails to comply with any decision of the adjudicator,
whether binding or final and binding, then the other Party may, without prejudice to
any other rights it may have, refer the failure itself directly to arbitration under
Clause 10.4 [Arbitration] and Clause 10.1 [Amicable Dispute Resolution], Clause
10.2 [Adjudication] and Clause 10.3 [Amicable Settlement] shall not apply to this
reference. The arbitral tribunal (constituted under Clause 10.4 [Arbitration]) shall

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have the power, by way of summary or other expedited procedure, to order,

whether by an interim or provisional measure or an award (as may be appropriate
under the applicable law or otherwise), the enforcement of that decision.
10.5.2 In the case of a binding but not final decision of the adjudicator, such interim or
provisional measure or award shall be subject to the express reservation that the
rights of the Parties as to the merits of the dispute are reserved until they are
resolved by an award.
10.5.3 Any interim or provisional measure or award enforcing a decision of the
adjudicator which has not been complied with, whether such decision is binding or
final and binding, may also order or award damages or other relief.

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PARTICULAR CONDITIONS (PC)

Part A – Contract Data
These Contract Data shall provide specific information, and shall be read in conjunction, to
the Clause(s) and/or Sub-Clause(s) of the General Conditions and/or Special Provisions.
Serial Conditions of GC Sub-

Data
No. Contract Clause
1. Documents forming 1.1.1 and a. the Contract Agreement (which shall be

the Agreement and 1.15 based on the form annexed to the
Priority of Documents Particular Conditions);
b. the Letter of Acceptance;
c. the Letter of Tender (without Appendices);
d. the Addenda, Corrigendum and
clarifications;
e. the Particular Conditions (Part A –
Contract Data);
f. the Particular Conditions (Part B – Special
Provisions);
g. the General Conditions of Contract;
h. the Client’s Requirement (Volume III);
i. the Client’s Volumes I and Volume IV
[Pricing Document];
j. the Consultant’s priced Financial Bid
(Pricing Document) as accepted by the
Client and included in the Contract
Agreement;
k. the Consultant’s Proposal;
l. any other document(s) forming part of the
Contract Agreement.
2. Client’s 1.1.4 To be notified later

Representative or the
Engineer
3. Commencement Date 1.1.5 21 days after the receipt of Letter of

Acceptance, unless otherwise agreed between
both the Parties
4. Consultant’s 1.1.8 To be notified later

Representative
5. Country 1.1.9 India

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Data
No. Contract Clause
6. Project 1.1.21 Madhya Pradesh Metro Rail Project
7. Services/ Scope of 1.1.22, As described in Volume III [Client’s

Services 3.1.1, Requirements] and also including Construction
3.2.1 and Support services.
3.3.2
8. Time for Completion 1.1.23 1460 days The Consultant shall complete the
whole of the Services, and each part of the
Services (if any), within the Time for
Completion for the Services or part of the
Services (as the case may be).
9. Communication 1.3.1 (c) Any integrated information system, e.g. a

“Project Management and Information System
(PMIS)” etc., acceptable to the Client.
10. Address for 1.3.1 (d)

communications
10.1 The Client’s address: Managing Director,

Madhya Pradesh Metro Rail Co Limited,
Limited Building,
Sector A, Berkheda,
Phone No: 0755-2555004
Email: metrorail@mpurban.gov.in
http://mpmetrorail.com
10.2 The Consultant’s To be Filled later

address:
11. Governing Law 1.4.1 Laws for the time being in force in India
12. Ruling language 1.4.2 English
13. Language for 1.4.3 English

communications
14. Publication restrictions 1.9.1 Publication of material shall not be permitted.

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Data
No. Contract Clause
15. Supply of Client’s 2.5.1 NIL

Equipment and
Facilities
16. Supply of Client’s 2.6.1 NIL

Personnel
17. Services of Others 2.8.1 NIL
18. The Responsibility for 2.8.2 NIL

Interface Management
19. Construction 3.9 Construction Administration shall not apply.

Administration However, Construction Support Activities as
confirmed in Volume III (Client’s Requirements)
shall be included in the Services.
20. Performance Security:
20.1 Amount 3.10 10% (ten percent) of the accepted Contract

Amount /Lumpsum Price as stated in the Letter
of Acceptance.
20.2 Form 3.10 The Performance Security shall be in the form

of a “Bank Guarantee” issued by a Scheduled
Bank in India (meaning a bank which is
included in the Second Schedule of Reserve
Bank of India Act, 1934, and includes
Scheduled Commercial Foreign Banks with an
Indian branch), excluding Cooperative Banks,
payable in Bhopal.
The Performance Security shall remain valid
and enforceable at least six (6) months longer
than the anticipated expiry date of Duration of
Liability.
21. Programme 4.3.1 (b) Nil
22. Any other documents 4.3.1 (d) At least the requirements stated in Annexure –
2 to ITT [Instructions to Tenderer] of Volume I
23. Delay Damages 4.7.1 Refer Annexure – 1 to Part A – Contract Data

of the Particular Conditions [Key Dates]
24. Maximum amount of 4.7.1 Ten percent (10%) of the Accepted Contract

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Data
No. Contract Clause
delay damages Amount/Lumpsum Price.
25. Rate of Retention 7.2.1 5% (five percent)
26. Financial Charges 7.2.2 0% (zero percent)
27. Currency of Payment 7.3.1 Indian Rupees
28. Third Party Charges 7.4.1 Exemption shall not apply

on Consultant
29. Period of Liability 8.2.1 2 Years
30. Limitation of Liability 8.3.1 100% of the Accepted Contract Amount/

Lumpsum Price.
31. Insurances 9.1.1
31.1 Professional AOA (any one accident) limit equal to 100% of

Indemnity Insurance the contract value of the Pricing Document in
respect of Design Verification with AOY (any
one year) limit of 2 incidents in a year. This PII
policy shall be valid for five years after the date
of completion of Duration of Liability under
Sub-Clause 8.2.1 or three (3) years after
commencement of commercial train operations
whichever is later. Wherever the Consultant
submits policy for shorter period / annual
renewable policy, the same shall be renewed
before its expiry date. In such situation, the
Performance Security shall be retained till
required validity period. The Consultant’s
submission of such shorter period / renewable
policy shall be construed as their irrevocable
consent for retention of the Performance
Security.
31.2 Public Liability Nil

Insurance
31.3 Other cover All the other insurances as per the Laws of the
Country.
32. Arbitration 10.4 Resolution of Disputes shall be governed by

“The Arbitration and Conciliation Act, 1996” of
India, as amended by “The Arbitration and

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Data
No. Contract Clause
Conciliation (Amendment) Act, 2015”, “The
Arbitration and Conciliation (Amendment) Act,
2019”, “The Arbitration and Conciliation
(Amendment) Act, 2020” and from time to time,
and any statutory modification or re-enactment
thereof;
Place of arbitration and/or conciliation shall be
in Bhopal, Madhya Pradesh, India.

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Annexure – 1 to Part A – Contract Data

Timeline
The DVE shall complete the job as per priorities fixed by Client/ Engineer. The DVE shall
complete the review work and submit reply within 14 days from date of receipt of drawing/
query. The applicable Delay Damages payable due to failure to complete the above each
work in 14 days works out to 0.01% of accepted contract price per week of delay
Mobilization programme shall be as per instruction of Engineer. DVE shall take approval
from Engineer for mobilization of expert.
Note:
1. The amount levied due to failure to complete within time of above Key Date shall be
per week or part thereof as applicable.

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PARTICULAR CONDITIONS (PC)

Part B – Special Provisions
Preamble
Special Provisions are numbered with “PC Clause Number” and are to be read in
conjunction with the relevant Clause(s) and/or Sub-Clause(s) of General Conditions. For
illustration only, PC Clause “PC 3.1” shall be read in conjunction with Sub-Clause 3.1 of
General Conditions. An entire clause of General Conditions is not replaced unless
specifically mentioned in this Special Provisions against relevant Clause.
PC Clause
Special Provisions
Number
PC 1.1 Definitions
Replace entire Sub-Clauses 1.1.3, 1.1.4 and 1.1.27 with following:

1.1.3 “Client” or “Employer” means the Party named in the Contract
Agreement and legal successors to the Client and permitted
assignees.
1.1.4 “Client’s Representative” or “the Engineer” means the person
referred to in the Contract Data (Part A of the Particular Conditions),
or appointed from time to time by the Client, and communicated by
Notice to the Consultant to be its representative for the
administration of the Agreement.
1.1.28 “year” means a calendar year and “day” means a calendar day.
PC 2.4 Client’s Financial Arrangements
The entire Sub-Clause 2.4 is deleted.
PC 2.7 Client’s Representative or the Engineer
Replace entire Sub-Clause 2.7 with following:

2.7 Client’s Representative or the Engineer
2.7.1 The Engineer
The Client may also appoint the Engineer, who is a firm or individual to
carry out certain duties. The Engineer may be named in the Contract
Data (Part A of Particular Conditions), or notified by the Client to the
Consultant from time to time. The Client shall notify the Consultant of
the delegated duties and authority of the Engineer.
2.7.2 Duties and Authority of the Engineer
2.7.2.1 Except as otherwise stated in these Conditions, whenever carrying out
duties or exercising authority, specified in or implied by the Contract,
the Engineer shall act as a skilled professional and shall be deemed to
act for the Client.

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PC Clause
Special Provisions
Number
2.7.2.2 The Engineer shall have no authority to amend the Contract or, except
as otherwise stated in these Conditions, to relieve either Party of any
duty, obligation or responsibility under or in connection with the
Contract.
2.7.2.3 The Engineer may exercise the authority attributable to the Engineer
as specified in or necessarily to be implied from the Contract. The
Engineer shall obtain the consent of the Client before exercising a
specified authority under following:
a. agreeing or determining an extension of time and/or additional
cost,
b. instructing a Variation, except in an emergency situation as
determined by the Engineer, or
c. approving a proposal for Variation submitted by the Consultant.
Other than above, there shall be no requirement for the Engineer to
obtain the Client's consent before the Engineer exercises his/her
authority for any agreement or determination of any matter or claim.
The Client shall not impose further constraints for authority of the
Engineer.
2.7.3.4 However, whenever the Engineer exercises a specified authority for
which the Client's consent is required, then (for the purposes of the
Contract) such consent shall be deemed to have been given.
2.7.3.5 Any acceptance, agreement, approval, check, certificate, comment,
consent, disapproval, examination, inspection, instruction, Notice, No-
objection, record(s) of meeting, permission, proposal, record, reply,
report, request, review, test, valuation, or similar act (including the
absence of any such act) by the Engineer or any assistant shall not
relieve the Consultant from any duty, obligation or responsibility the
Consultant has under or in connection with the Contract.
2.7.3 Agreement or Determination
2.7.3.1 When carrying out his/her duties under this Sub-Clause, the Engineer
shall act neutrally between the Parties and shall not be deemed to act
for the Client.
2.7.3.2 Whenever these Conditions provide that the Engineer shall proceed
this Sub-Clause to agree or determine any matter or claim;
a. the Engineer shall consult with both Parties jointly and/or
separately, in an endeavour to reach agreement.
b. The Engineer shall commence such consultation promptly to
reach agreement within particular time limit, as may be
proposed by the Engineer and agreed by both Parties. The
Engineer shall give a Notice of the agreement, which

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agreement shall be signed by both Parties.
c. In case of no agreement, the Engineer shall notify both Parties
and shall immediately proceed for a fair determination, in
accordance with the Contract, taking due regard of all relevant
circumstances. The Engineer shall give the Notice of his/her
determination within 42 days or within such other time limit as
may be proposed by the Engineer and agreed by both the
Parties.
d. If the Engineer does not give the Notice of agreement or
determination within the relevant time limit then, the Engineer
shall be deemed to have given a determination rejecting a
claim or to be a dispute unresolved.
e. Each agreement or determination shall be binding on both the
Parties (and shall be complied with by the Engineer) unless
and until corrected within 7 days of finding the error or
receiving a notice of correction (within 14 days) from either
Party, or in case of a determination, it is revised under Clause
10.
f. If either Party is dissatisfied with a determination of the
Engineer, the dissatisfied Party shall notify the other Party for
“Notice of Dissatisfaction” (NOD), with a copy to the Engineer,
within 28 days of the Engineer’s determination notice and
thereafter, either Party may proceed under Clause 10. If no
NOD is given by either Party within the period of 28 days, the
determination of the Engineer shall be deemed to have been
accepted by both the Parties and shall be final and binding on
them.
PC 3 The Consultant
Add following Sub-Clause 3.10:

3.10 Performance Security
3.10.1 The Consultant shall submit the Performance security (in form of
Bank Guarantee) as stated in the Contract Data (Part A of Particular
Conditions), to the Client within 14 days of receipt of the Letter of
Acceptance.
PC 4 Commencement and Completion
Add following Sub-Clauses 4.7:

4.7 Delay Damages
4.7.1 If the Consultant fails to comply with Sub-Clause 4.2.1 and Sub-

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PC Clause
Special Provisions
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Clause 1.1.24 [Time for Completion], the Client shall be entitled to
payment of Delay Damages by the Consultant for this default. Delay
Damages shall be the amount stated in the Contract Data (Part A of
the Particular Conditions), which shall be paid for every day which
shall elapse between the relevant Time for Completion and the
relevant date of completion of the Services or part of the Services (as
the case may be). The total amount due under this Sub-Clause shall
not exceed the maximum amount of Delay Damages (if any) stated
in the Contract Data (Part A of the Particular Conditions).
4.7.2 These Delay Damages shall be the only damages due from the
Consultant for the Consultant’s failure to comply with Sub-Clause
4.2.1 and Sub-Clause 1.1.24 [Time for Completion], other than in the
event of termination under Sub-Clause 6.4.1(a) or (b) or (c)
[Termination of Agreement] before completion of the Services. These
Delay Damages shall not relieve the Consultant from the obligation
to complete the Services, or from any other duties, obligations or
responsibilities which the Consultant may have under or in
connection with the Agreement.
4.7.3 This Sub-Clause shall not limit the Consultant’s liability for Delay
Damages in any case of fraud, gross negligence, deliberate default
or reckless misconduct by the Consultant.
PC 4.4 Delays
Add following Sub-Clauses 4.4.4, 4.4.5, 4.4.6 and 4.4.7:

4.4.4 When determining each extension of the Time for Completion, the
Client shall review previous determinations and may increase, but
shall not decrease, the total extension of the Time for Completion.
4.4.5 If a delay caused by a matter which is the Client’s responsibility is
concurrent with a delay caused by a matter which is the Consultant’s
responsibility, the Consultant’s entitlement to extension of the Time
for Completion shall be assessed in accordance with the rules and
procedures stated in the Special Provisions (if not stated, as
appropriate taking due regard of all relevant circumstances).
4.4.6 In order for the Client/ Client’s Representative/ the Engineer to
determine the amount of an extension of the Time for Completion, no
later than 28 days after the Consultant gives the Notice required by
Sub-Clause 4.4.1, the Consultant shall submit a “Time Impact
Analysis” for adjustment of the Time for Completion. Each Time
Impact Analysis shall define the extent of adjustment and the basis
thereof in a form acceptable to the Client/ Client’s Representative,
and include;
(a) any delay, impediment or prevention caused by or attributable to

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the Client, the Client’s Personnel, or the Client's other
consultants, contractors, or other third parties;
(b) factual events, cause and effect, and activities that materially
affect the critical path of the Services or part of the Services;
(c) identification of activities which will require change;
(d) an analysis of how float or other measures have been used to
minimise the additional time required;
(e) any appropriate additional supporting information
The Time Impact Analysis shall indicate the date(s) when any extra
or additional services/work or other special circumstances occurred,
the status of the services/work at that time, and the resultant impact
on the Time for Completion.
The Time Impact Analysis shall form an integral part of the relevant
application for any extension of Time for Completion pursuant to
Sub-Clause 4.4 [Delays].
If the Consultant fails to submit the Time Impact Analysis within the
time period stipulated, the Time for Completion shall not be
extended, no adjustment to the Contract Amount/Contract Price shall
be made and the Consultant shall have no entitlement.
4.4.7 The Consultant shall not be entitled to any extension of the Time for
Completion where the instructions or acts of the Client or the Client’s
Representative/ the Engineer are necessitated by or intended to cure
any default of or breach of Agreement by the Consultant, or where
any delay is due to;
(a) the failure of a sub-consultant, to commence or to carry out
services in due time,
(b) non-availability, or shortage of Consultant's Personnel,
(c) inclement weather conditions
PC 5.2 Agreement of Variation Value and Impact
Replace entire Sub-Clause 5.2.2 with following:

The value of any Variation shall be determined in accordance with:
a. where appropriate, at the rates and/or prices in the Agreement,
subject to the aspect of vitiation of tender with respect to variation in
quantities. The aspect of vitiation of tender with respect to variation in
quantities should be checked and avoided. In case of vitiation of the
tender (both for increase as well as decrease of value of contract
agreement), the vitiation shall be on the Consultant’s account
(payment shall be restricted to the lowest calculated value of all valid

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offers), or
b. in the absence of appropriate rates and/or prices, the rates and/or
prices in the Agreement shall be used as the basis for valuation, of
failing which;
c. at appropriate new rates and/or prices, as may be agreed or which
the Client considers appropriate.
PC 6.5 Effects of Termination
Replace entire Sub-Clauses 6.5.4 with following:

Where the Agreement is terminated under Sub-Clause 6.4.1(d) or Sub-
Clause 6.4.2(a) to (d) [Termination of Agreement] then the Consultant shall
not be entitled to be paid the loss of profit that would otherwise have been
earned on the Services not performed due to the termination.
PC 7.1 Payment to the Consultant
Add following Sub-Clauses 7.1.4, 7.1.5, and 7.1.6:

7.1.4 Contract Price
The Client shall pay the Lump Sum Price (which shall cover the sum
total of all costs incurred by the DVE including Variations to the
Services) to the DVE in stage payments for the performance of
services in accordance with the details stated in Volume IV [Pricing
Document] of the tender documents.
7.1.5 Compliance for GST and other taxes
A. GST shall be paid separately as applicable.
B. The Consultant shall ensure full compliance with tax laws of
India with regard to this Agreement and shall be solely
responsible for the same. The Consultant shall submit copies of
acknowledgements evidencing filing of returns every year and
shall keep the Client fully indemnified against liability of tax,
interest, penalty etc., of the Consultant’s in respect thereof,
which may arise. The Consultant shall maintain complete
records in respect of payments made for taxes, duties octroi and
other levies payable to various authorities and shall advise the
Client of the complete details of such payments every month,
which shall be enclosed with the Monthly Progress Report.
These records shall remain open for inspection by the Client or
the Client’s Representative/ the Engineer at any time and shall
be made available to them as and when required.
C. The Consultant shall provide valid certificates required under the
GST Act and rules made there under. Until such certificate is

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submitted and accepted, no payment, including release of any
advance payment, shall be made by the Client or the Client’s
Representative/ the Engineer to the Consultant.
D. If the percentage of GST is changed, it shall be adjusted after
notification.
7.1.6 Release of Retention
A. Payment of First Half of Retention
One half of the retention shall be paid by the Client to the
Consultant within 14 days after the Time for Completion of the
Services.
B. Payment of Second Half of Retention
The remainder of the retention shall be paid by the Client to the
Consultant within 14 days after either the expiry of the Duration
of Liability stated in the Contract Data (Part A of the Particular
Conditions), or the remedying of notified defects or the
completion of outstanding services/work, if any.
PC 7.2 Time for Payment
Replace entire Clause 7.2.1 with following:

Amounts due to the Consultant shall be paid within thirty-five (35) days of the
delivery of the Consultant’s invoice unless otherwise stated in the Contract
Data (Part A of the Particular Conditions), after deducting retention at the rate
stated in the Contract Data (Part A of Particular Conditions) and if any amount
to be withheld under Sub-Clause 7.2.3 and Sub-Clause 7.5 [Disputed
Invoices]. The Client shall not be bound by any sum previously considered by
him to be due to the Consultant.
The Client may withhold payments until he receives the performance security
under Sub-Clause 3.10 (if any).
PC 9.1 Insurance to be taken out by the Consultant.
Replace the first paragraph of Sub-Clause 9.1.1 with following:

The Consultant shall take out and maintain Professional Indemnity Insurance
and public liability insurance in amounts sufficient to cover its liabilities under
the Agreement, provided always in each case that such insurance is available
at commercially reasonable rates and on terms (including normal exclusions)
commonly included in such insurances at the time the insurances were taken
out or renewed as the case may be. Such insurances shall be placed with
insurers duly approved by Insurance Regulatory and Development Authority
(IRDA) of India. In assessing a commercially reasonable rate the Consultant's

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own claims record shall be disregarded.
PC 10 Disputes and Arbitration
Replace entire Clause 10 with following:

Resolution of Disputes shall be governed by “The Arbitration and Conciliation
Act, 1996” of India, as amended by “The Arbitration and Conciliation
(Amendment) Act, 2015”, “The Arbitration and Conciliation (Amendment) Act,
2019”, “The Arbitration and Conciliation (Amendment) Act, 2020” and from
time to time, and any statutory modification or re-enactment thereof;
Place of arbitration and/or conciliation shall be in Bhopal, Madhya Pradesh,
India.

Package BHIN-16
Contract Agreement
This Contract Agreement (hereinafter called the “Contract”) is made at Bhopal on ... .... day
of ... ...... ... .... ... by and between
Madhya Pradesh Metro Rail Corporation Limited, a company organised and existing under
the laws of India, vide Corporate Identification Number: U75100MP2015SGC034434 and
having its office located at Palika Bhawan, Near 6 No. Bus Stop, Shivaji Nagar, Bhopal –
462016, Madhya Pradesh, represented by Mr……………………..of the Company, by virtue
of his designation and on authorization by Mr………………………..of the Company
(hereinafter referred to as the “MPMRCL” or the “Client”, as the case may be, which
expression shall unless excluded by or repugnant to the context or meaning thereof be
deemed to include its successors and permitted assigns) of the one part,
and
M/s …………………………………………., a [proprietorship firm/ partnership firm/ company/
corporation] organised and existing under the laws of India, vide Corporate Identification
Number: …………………………….. and having its principle place of business at
…………………………………………………, represented by
………………………………………….. authorised to sign and bind the [proprietorship firm/
partnership firm/ company/ corporation], under [sole proprietor/ authorised partner/ the
Power of Attorney and the Board Resolution] (hereinafter referred to as the “Consultant”
which term or expression unless excluded by or repugnant to the context or meaning
thereof, shall be deemed to include its successors, executors and permitted assigns) of the
other part.
In this Contract Agreement, as the context may require, both the Client and the Consultant
shall hereinafter be collectively referred to as “Parties” and individually as “Party”.
WHEREAS the Client is desirous of executing the Project, and as part of it, the Client intends
to engage a Consultant to provide the Services, and
WHEREAS the Consultant has declared that the Consultant has valuable and specialised
knowledge and expertise in “……………………………………………..” and submitted a
Tender for providing and completion of “……………………………………………….”, and
remedying any defects in the Services (as defined in the Contract) and agrees to undertake
performance of the Services under the terms and conditions set forth in this Contract.
Now THEREFORE the Parties hereby agree as follows:
Clause 1 Words and Expression
In this Contract all the words and expressions shall have the same meanings as
are respectively assigned to them in the conditions of Contract hereinafter
referred to.
Clause 2 The Contract Documents
The following documents as listed below shall be deemed to form and be read
and construed as a part of the Contract.
1. the Contract Agreement;

Package BHIN-16
2. the Letter of Acceptance;

3. the Letter of Tender (without Appendices);
4. the Addenda, Corrigendum and clarifications;
5. the Particular Conditions (Part A – Contract Data);
6. the Particular Conditions (Part B – Special Provisions);
7. the General Conditions of Contract;
8. the Client’s Requirement (Volume III)
9. the Client’s Volume I and Volume IV [Pricing Document]
10. the Consultant’s Priced Financial Bid (Pricing Document), as accepted by
the Client and included in this Contract Agreement.
11. the Consultant’s Proposal;
12. any other document(s) forming part of the Contract Agreement.
All of the foregoing documents, together with this Contract Agreement, are
referred to herein as the Contract Documents. Also incorporated into these
Contract Documents, and made part hereof, are all codes, standard
specifications, and similar requirements that are referred to therein. In the event
of a conflict, ambiguity or discrepancy between the contents of the Contract
Documents, the order of precedence shall be as per the Conditions of Contract,
and the Client/ the Client’s Representative/ the Engineer shall issue any
necessary clarification or instruction according to the Particular Conditions of
Contract.
Clause 3 Obligation of the Consultant
The Consultant agrees, subject to the terms and conditions of the Contract
Documents, to perform efficiently and faithfully all of the Services, namely,
“……………………………………………………………………” and other facilities
requisite for or incidental to the successful completion of the Services and in
carrying out all duties and obligations imposed by the Contract Documents.
Clause 4 Obligation of the Client
The Client agrees, subject to the terms and conditions of the Contract
Documents, to pay the Consultant the amount specified, and at the rates and
terms and in the manner set forth in the Contract Documents.
Clause 5 Contract Price and Time for Completion
The Client agrees to pay for the total cost of the Services and the Consultant
agrees to accept the sums mentioned below in the following currencies, to be the
total cost for the Services carried out by them as part of their obligations,
responsibilities and liabilities under and according to the provisions and
obligations imposed on them by the Contract.
The Contract Price of INR …………………… (Rupees ………………………only)
comprising, subject to adjustment in accordance with the provisions of the
Contract.

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The Contract Price shall be inclusive of all taxes, duties, levies, royalties and
other charges leviable except GST and payable to the authorities including taxes
to be deducted at source etc., in terms of the Contract. The Client shall deduct
the taxes at source as per the rules in force time to time and as per the prevalent
laws including the statutory authorities’ requirement.
The Consultant shall complete the whole of the Services within …. (…………..)
[months/ weeks] from the Commencement Date stipulated in the Letter or
Acceptance No. ….............................................. (including Notice to
Commence).
Clause 6 Notices
All notices called for by the terms or the Contract Documents shall be in writing
in the English language and shall be delivered by hand or by registered mail,
acknowledgement due, to the parties’ addresses given below. All notices shall be
to be duly made by the party to whom it is addressed at the following addresses
or such other addresses as such party may subsequently notify to the other
party.
Client: Madhya Pradesh Metro Rail Co Ltd.
2nd Floor,
Smart City Development Corporation Limited Building,
Sector A, Berkheda,
Consultant: …………………………………… ,
………………………………… ,
……………………………… ,
…………………………… ,
………………………… ,
Clause 7 Integration
The Client and the Consultant agree that this Contract Agreement, together with
the other Contract Documents, expresses all of the agreements, understandings,
promises and covenants of the parties, and that it integrates, combines, and
supersedes all prior and contemporaneous negotiations, understandings, and
agreements, whether written or oral and no modification or alteration of the
Contract Documents shall be valid or binding on either party, unless expressed
in writing and executed with the same formality as this Contract Agreement,
except as may otherwise be specifically provided in the Contract Documents.
Clause 8 Governing Law
This Contract is enforceable and construed under the laws of the Republic of
India.
Clause 9 Language

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This Contract Agreement and the other Contract Documents are made in the
English language.
Clause 10 Jurisdiction of Court
The Courts at Bhopal shall have the exclusive jurisdiction to try all disputes
arising out of this Contract between the parties.
In WITNESS WHEREOF, the Client and the Consultant have caused this Contract
Agreement to be duly executed by their duly authorized representatives the day and year
first above written.
The Client The Consultant
__________________________________ __________________________________
Madhya Pradesh Metro Rail Corporation ……………………………………
Limited
Witnesses
(1) _______________________________ (1) _______________________________

_______________________________ _______________________________
(2) _______________________________ (2) _______________________________

_______________________________ _______________________________

BHIN-16
VOLUME III
Client’s Requirements
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Volume III – Client’s Requirements
TABLE OF CONTENTS
Part – 1: Introduction and Project Details ......................................................................... 2
1. Introduction................................................................................................................ 2
1.1 Bhopal Metro Rail Project ............................................................................................ 2
1.2 Indore Metro Rail Project ............................................................................................. 3
2. System Description of Bhopal and Indore Metro Rail Projects .............................. 4
2.1 INTRODUCTION ......................................................................................................... 4
2.2 Definitions.................................................................................................................... 4
2.3 Scope of Work ............................................................................................................. 5
2.4 Services to be provided: .............................................................................................. 6
2.5 Responsibilities of Design Verification Engineer (DVE)................................................ 8
2.6 Checking Log & Records ............................................................................................. 8
2.7 Correspondence between DVE and DDC or Contractors’ designers:........................... 9
2.8 Procedure for Design Changes:................................................................................... 9
2.9 Care & Diligence........................................................................................................ 10
2.10 Performance .............................................................................................................. 10
2.11 Design Verification Engineer (DVE) Team Key Persons ............................................ 10
2.12 For ELEVATED PACAKGES ..................................................................................... 11
2.13 For UG PACAKGES .................................................................................................. 13
2.14 FLOW CHART ........................................................................................................... 15
Volume III – Client’s Requirements Page 1 of 16

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Part – 1: Introduction and Project Details

1. Introduction
Bhopal Metro Rail Project and Indore Metro Rail Project have been sanctioned by
Government of India for implementation in the joint sector.
Madhya Pradesh Metro Rail Co Ltd. (MPMRCL), a Special Purpose Vehicle (SPV)
jointly and equally owned by GoI and GoMP, will implement the Bhopal Metro Rail
Project and Indore Metro Rail Project.
The Client has engaged a General Consultant, comprising of DB Engineering and
Consulting GMBH Germany in consortium with Louis Berger SAS, USA and Geo data
Engineering, Italy for providing engineering and project management services.
1.1 Bhopal Metro Rail Project
Bhopal is the capital city of Madhya Pradesh. Bhopal is becoming a strategic hub for
various economic activities ranging from different manufacturing industries and
service industries which are expanding in pace with the growth of the state in country.
The city’s public transport is currently handled by city buses, mini buses; Tata magic,
BRTS, three wheelers (autos) further supported by App cabs and private rent taxi
services. Bhopal has been classified as a “National Priority City” by the National
Commission on Urbanization setup by Government of India (GoI).
To strengthen public transport within the city of Bhopal, GoI has sanctioned a rail-
based Mass Rapid Transit System (MRTS) called “Bhopal Metro Rail Project” which
comprises of two corridors of a total route length of 29.141km,
Karond circle to AIIMS of 16.122 km,
Bhadbhada Square to Ratnagiri Tiraha of 13.019 km.
Following table provides the overview of the alignment and stations of Bhopal Metro
Rail project.
Line No Name of Total Stations Length in Km

Corridor / Line
Underground
Underground
At Grade
At Grade
Elevated
Elevated
Ramp
Total
Total
Orange Karond Square 14 2 0 16 13.60 3.12 0 16.72

Line to AIIMS
Blue Bhaddhada 14 0 0 14 13.02 0 0 13.02

Line Square to
Ratnagiri Tiraha

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Line No Name of Total Stations Length in Km

Corridor / Line
Underground
Underground
At Grade
At Grade
Elevated
Elevated
Ramp
Total
Total
Total 30 Total 29.74
Bhopal Metro Network Map Blue Line and Orange Line
1.2 Indore Metro Rail Project

The objective of this project is to provide continuous availability of affordable, reliable,
safe, secure and seamless transport system in the urban agglomeration of Indore, so
as to reduce traffic related accidents, pollution, travel time, energy consumption and
anti-social incidents as well as to control the urban development and land use for
sustainability and regional development.
Indore Metro Rail Project sanctioned by Government of India comprises of Ring Line
called yellow Line. The total length of the project corridor is 31.23 Kms, out of which
77.23% is elevated and 22.76% is underground.
Following table provides the overview of the alignment and stations of Indore Metro
Rail project.

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Line No Name of Corridor / Total Stations

Line
Underground
Underground
At Grade
At Grade
Elevated
Elevated
Total
Total
Yellow Ring Line: Bengali Sq. 23 6 0 29 24.12 7.11 0 31.23
Line – Bhawarsala – Airport
– Palasia – Bengali Sq.
Indore Metro Network Map – Yellow Line
2. System Description of Bhopal and Indore Metro Rail Projects

The Rail Systems are based on steel-wheel-technology and use Standard Gauge
tracks of 1,435 mm. The system shall be designed for a maximum design speed of 90
kmph. Traction Power will be based on 750V DC using a third rail as a contact line.
2.1 INTRODUCTION
MPMRCL desires to appoint Design Verification Engineer (DVE) for verification and
validation of Design and Engineering outputs of Architectural, Civil, Structural,
Geotechnical, water supply, sewerage, drainage for Elevated & Underground Sections
including temporary and permanent structures for following packages;
a. BH03, BH04 & BH05 for Bhopal Metro Rail Project &
b. IN04 and IN05 Indore Metro Rail Project.
2.2 Definitions
MPMRCL: Madhya Pradesh Metro Rail Co. Ltd.
MEP- Mechanical Electrical & Plumbing

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ECS – Environmental Control System

TVS – Tunnel Ventilation System
TBM– Tunnel Boring Machine
DS1 – Design stage -1 (Preliminary Stage)
DS2 – Design Stage -2 (Detailed Design Stage)
GFC – Good for Construction drawings
RAM – Reliability, Availability, Maintainability and Safety
Engineer – General Consultant appointed by MPMRCL
BH xx – Bhopal Package number
IN xx - Indore Package number
DDC / Designer – Detailed Design Consultant engaged by MPMRCL or Contractor.
CSD – Combined Service Drawings
SEM –Structure Electrical and Mechanical
RCP – Reflected Ceiling Plan
SRS – Structural and Rail Systems
RSI – Rail Structure Interaction
DVE – Verification engineer who designs and implement testing procedures to
determine if the worked-out design/process is same as intended.
Review - Examining or considering again of document/ process in order to decide if
changes are necessary
Verification - Proving or checking that the document is true or correct
Check - To examine or test document/ process in order to make sure that it is safe or
correct, in good condition,
Validation – The process of making document/ process officially or legally acceptable
or approved
2.3 Scope of Work
MPMRCL is implementing following packages as Design and Build (D&B) Contracts
for Bhopal & Indore Metro Rail Projects.
DVE services include design verification of Architectural, Civil, Geotechnical,
Structural, water supply, sewerage, drainage for Elevated Stations, Underground
Works, TBM Tunnels, UG Stations, ramps etc, for the following packages awarded /to
be awarded by MPMRCL.
a) Package BH-03 (Approx. 6km)
Part Design and Construction of Elevated Viaduct, Six (6) Elevated Metro Rail
Stations viz Pul Bogda (a Passenger Interchange station between Orange and
Blue line), Aishbagh, Sindhi Colony, DIG Bungalow, Krishi Upaj Mandi and
Karond and Two ramps between Chainages 27+000 & 28+375 and 31+765 &

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36+139” for Bhopal Metro Rail Project

b) Package BH-04 (Approx. 3.3km)
Design & Construction of Twin Tunnel (Up & Down by Shield TBM), Cut & Cover,
Cross-passages with/without sump, Ramps, two (02) Underground Stations
(Nandra Bus Stand and Bhopal Railway Station) including Architectural
finishing, Water Supply, Sanitary Installation and Drainage works in entire
Underground Section from chainage 28+375 to 31+765 for Bhopal Metro Rail
Project
c) Package BH-05 (Approx. 13.7km)
Part Design and construction of elevated Viaduct, thirteen (13) elevated Metro
Rail Stations viz. Bhadbhada Square, Depot Chauraha, Jawahar Chowk,
Roshanpura Chauraha, Kushabhau Thakre Hall, Parade Ground, Prabhat
Chauraha, Govindpura, Govindpura Industrial Area, JK Road, Indrapuri, Piplani
and Ratnagiri Tiraha (excluding an Elevated Passenger Interchange Metro Rail
Station), between Chainage 50+000 and 62+903, and access to Depot between
Chainages 00+155 and 01+020 for Blue Line.
d) Package IN-04 (Approx. 5.336km)
Part Design and Construction of Elevated Viaduct, Five (5) Elevated Metro
Rail Stations (viz. Shaheed Bagh, Khajrana Chauraha, Bengali Chauraha,
Patrakar Colony & Palasia Chauraha) and Ramp between Chainages 31+755
to 34+898.061 & 3+669.547 to 5+862 for Indore Metro Rail Project
e) Package IN-05
Design & construction of Twin Tunnel (Up & Down by Shield TBM), Cut &
Cover, Cross-passages with/without sump, Ramps, seven (07) Underground
Stations (Indore Railway Station, Rajwada, Chhota Ganapati, Bada Ganapati,
Ramachandra Nagar, BSF/Kalani Nagar and Airport) including Architectural
finishing, Water Supply, Sanitary Installation and Drainage works , Simulation
studies, Environmental Control System (ECS), Tunnel Ventilation System
(TVS) and SCADA works in entire Underground Section from chainage 5+862
to 14+488 for Indore Metro Rail Project
2.4 Services to be provided:
The DVE shall perform the Services as per the Client’s Requirements;
a. Verify and validate all Designs and Drawings at DS1, DS2 & GFC and all
Engineering outputs of Architectural, 3D BIM models, Civil, Geotechnical,
Structural, water supply, sewerage, drainage, Elevated Stations, ramps, TBM
Tunnels, UG Stations, including temporary and permanent works produced by
DDC appointed by MPMRCL and/or Contractors’ designers through
independent analysis and design calculations. Similar to Category-3 checking.
b. The DVE’s analytical works shall be independent of that of the DDC/s appointed
by MPMRCL and or Contractors’ designers and shall be carried out without
exchange of calculation sheets or similar information.
c. Shall evaluate, validate the designs using different platform or software other

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than used by DDC or Contractor’s Designer/s. The DVE shall provide a copy of
the software to the Engineer used for validating.
d. Evaluate the ability of the results or design and engineering outputs meet
requirements and obligations of the Contract.
e. All design and engineering documents including engineering notes produced by
Detail Design Consultant/s (DDC)/Designer appointed by MPMRCL and or
Contractor shall be verified and validated by DVE. These activities shall be
documented and reported (communicated) to the Engineer as directed.
f. Shall verify all design documents, drawings, plans and calculations, construction
sequences, methods, safety and reports for both Permanent and Temporary
work designs produced by the Designer/s and Contractors.
g. Shall confirm that the designs and engineering outputs meet all its obligations
under the Contract.
h. DVE shall verify the design documents for the work under the respective
contract meet Employer’s Requirements for Safety, Functionality and RAM and
comply with relevant codes and standards.
i. Shall not produce any drawings.
j. Quality of the design work must be validated by the DVE at each stage of design
submission (DS1, DS2 & GFC).
k. Design and engineering changes must be reviewed, verified and validated
please see clause 1.11 below.
l. DVE shall evaluate the ability of the results or design and engineering to meet
requirements, identify any problems and propose necessary actions.
m. All revisions of design & drawings shall be reviewed and checked by the DVE.
n. The Engineer and Engineer’s representative shall have full and unrestricted
access to the DVE and to all persons carrying out the design checking, and all
their data, information, calculations, drawings and records.
o. The DVE shall check or review working drawings corresponding to final design
drawings, the final CSD, SEM, RCP and SRS drawings.
p. The Scope of DVE shall include but not limited to; DBRs, foundations,
piers/columns, Viaduct, RSI analysis, concourse, platform, technical rooms,
paid and unpaid areas, station entrances, provision for lift & escalators shafts
and the rail track guideway (viaduct) including the station finishing of all public
and non-public areas, system rooms, internal & external finishes, roads,
footpath, plazas, ancillary structures, roofs, entry/exit structures, Foot over
Bridges (FOB), TBM tunnels, ramps, UG Stations etc,.. Any other item of design
verification and validation work as directed by MPMRCL/Engineer required to
be carried out for construction and commissioning including viaduct, stations
and transition span in Bhopal and Indore metro rail projects.
q. DVE shall send all submittals to the Engineer under the cover of a Transmittal
Form. The Transmittal Form shall be sequentially numbered and signed in

Package BH&IN-16
accordance with the Document Control Index. A separate Transmittal Form shall
be used for each submittal.
r. Soft copies or excel sheets or native design verification calculations, models
etc., shall be submitted to the Engineer. Shall issue ‘Design Verification
Certificate’ duly signed by their Team Leader together with their submission to
the Engineer. DVE shall submit the Design Verification Certificate in format
given below as Annexure-I on organisation's letterhead duly signed and
stamped.
s. Signatures on drawings
The approval process of 3D BIM models and drawings in the CDE (Common
Data Environment) is mandated. There shall be a full audit trail available to the
Engineer at any time on any issued document. Licensed digital signature is
accepted for PDF submissions.
If there is a further requirement for all approved hardcopy certificates / drawings
issued to the Engineer/Employer to bear hand written signatures, then both the
Verification Engineer/Architect and the Team Leader shall sign physically.
Revision column in CAD files and hardcopy as follows:
i. CAD File:
Shall contain the name or initials of all persons in CAD text.
ii. Hardcopy:
The original hardcopy plot of the CAD file, used to produce the deliverable
drawing sets, shall have the hand-written signature of the person
superimposed over the CAD generated initial.
2.5 Responsibilities of Design Verification Engineer (DVE)
a. DVE shall verify the design documents for the work under the respective
contract meet Employer’s Requirements, Contract documents, Design Basis
Reports, project Schedule of Dimensions (SoD), Codes & Standards, good
engineering practice and all relevant statutory and regulatory requirements
applicable to the project.
b. Review and revert back to the design and engineering outputs with approval/
comments within 14 days from the date of particular submission of design
related documents, drawings, plans, calculations and reports.
2.6 Checking Log & Records
a. For each submission each discipline DVE shall prepare a separate check log in
the format contained in Appendix I. These check lists, as noted in Appendix I,
will be dynamic and may require certain addition to suit to developing
designs/drawings.
b. The check log shall record the status of the checking activity, the designer's
response, verification by checker and whether the activity has been closed out.
c. The DVE shall keep a record (refer Annexure 8 of ITT) of all checking activities

Package BH&IN-16
and verify that all comments have been addressed before issuing certificate.
The DVE shall summarize all checked activities in their monthly report and
submit to the Engineer.
2.7 Correspondence between DVE and DDC or Contractors’ designers:
a. All Submissions shall be submitted to DVE by DDC through EDMS (Electronic
Document Management System) by Contractor’s Design Manager or
representative or as directed by the Engineer.
b. DVE shall accommodate all submission through EDMS system as required by
MPMRCL.
c. The DVE shall prepare a separate check log in the prescribed Document Review
sheet) format as attached in (refer Annexure 7 of ITT).
d. All dialogue between the DVE and DDC shall be recorded in the checking log.
The checker will only comment on the acceptability of the design proposals
submitted by the designer. Upon receiving review approval from DVE, the DDC
will then prepare and sign the Design Certificate and forward it to the DVE for
signature. When all two signatures are present the Design Certificate will be
forwarded by the DVE to the Contractor for signature by the contractor’s
representative.
2.8 Procedure for Design Changes:
a. Design changes are prone to happen during the course of the project and these
design changes can be classified basically into two types:
i. Major change due to Employer/Engineer Instruction or change in site
condition or change in construction method/sequence which will impact the
primary design.
ii. Minor change through Change Request Form (CRF) from site for minor
modifications which will not impact the primary design.
b. All major design changes shall be verified by DVE.
c. Major design changes as described above shall be confirmed by Contractor’s
Design manager through a written communication to both DDC and DVE. So,
DVE is aware of changes in design before it is undertaken by DDC.
Subsequently, these major changes shall be incorporated by DDC in the design,
and the revised design shall be submitted for DVE’s review/approval and after
that, it is the usual regular design review process.
d. Minor changes through Change Request Form (CRF) from site that involves
minor modification in design and detailing, shall be classified as “Design
Modification Request (DMR)”. This Design Modification Request shall be
attended and resolved at the level of DDC, as long as the change is minor, not
a major one which affects the global analysis and design of the structure.
Contractor’s design manager and DDC shall decide whether the change is minor
or a major one which needs to be submitted to DVE for review. Engineer consent
is final binding in deciding Major or Minor change. Minor/CRF will be intimated
to DVE.

Package BH&IN-16
e. Change logs for Major and minor shall be maintained and reported monthly by
DVE.
2.9 Care & Diligence
a) The DVE shall exercise all reasonable skill, care and diligence expected of a
DVE experienced in work of a similar size, scope and complexity as the
Services, and so that the Services shall be fit for the purpose as specified and
as reasonably implied in the Contract.
b) It is recognized and agreed that the DVE possesses the skills and experience in
relation to the Services. The DVE shall discharge its functions, duties and
obligations hereunder so as to ensure that the Services are in all respects
adequate, accurate and sufficient to enable the Contractor to safely construct
the Works, comply with the Contract, and that the Detailed Design, when it has
been approved by the DVE, is to the satisfaction of the Contractor and it will
meet in all respects the requirements of the Contract.
c) The DVE shall discharge its functions, duties and obligations under the
Agreement regularly, and diligently, and in a manner so as to avoid any
unnecessary delay to the execution of the Works or any part or section thereof.
d) The DVE shall exercise all necessary skill, care and diligence to ensure that it
meets the Project and Employer’s requirements.
2.10 Performance
Notwithstanding any review of its organisation structure, staff, manning schedules, the
DVE shall remain wholly responsible for providing the services. If, in the opinion of the
Employer / GC (General Consultants), the progress or performance of the DVE’s work
is seen to be at any time inadequate to meet those requirements, the DVE shall take
the necessary steps to improve them on being so notified. If within a reasonable period
the DVE has not improved its progress or performance, the GC/MPMRCL may by
written notice require it to take additional measures, including changes in its
organisation/subcontract, at no additional cost to MPMRCL. Such notice shall be in no
way deemed to constitute a waiver of MPMRCL’s rights to terminate the Agreements
by reason of the DVE’s breach of contract. Failure by the GC/MPMRCL to issue such
a notice shall not relieve the DVE of its obligation to achieve the required rate of
progress and quality of work
2.11 Design Verification Engineer (DVE) Team Key Persons
a. There shall be one (1) coordinator for each package. The coordinators are to be
stationed at each location or as required by the Engineer. Other Key Persons
can work from their individual location/s.
b. The DVE shall mobilize key functional discipline leads for Civil, Geotechnical,
Structural and Architectural to check/verify/validate the designs independently,
calculations, drawings & reports produced by the Designer at each design stage
before submission to the Engineer.
c. The DVE shall submit details of proposed key persons along with their
experience to the Engineer’s for approval.

Package BH&IN-16
d. The DVE shall propose independent teams for each package of Bhopal and
Indore.
e. The DVE shall be a professionally qualified organisation whose personnel are
appropriately qualified from recognised professional institution.
f. The DVE Key personnel shall be assisted by a team of Design Checkers to
cover the full scope of the design check.
2.12 The minimum requirements for the DVE team for each package for Bhopal and
Indore shall be as per table below:
For ELEVATED PACAKGES
Minimum
Experience
post Minimum
qualification Total
Specialisation Minimum Minimum in metro rail Experience
Category project with post
Position Numbers Qualification
specified qualification
field (refer
(Years)
Column 2)
(Years)
(1) (2) (3) (4) (5) (6)
DVE 1.0 Team Leader, 1 M. Tech 5 20

experienced in the (Structures)
design/review/Lead
/
design check/proof /
check of Railways / B. Tech (Civil)
8
Metro Viaduct
Guideway and
Stations.
DVE1.1 Lead Structural 1 no. per- M. Tech 5 15

Engineer cum Package (Structures)
Manager, experienced
in the design/review of
Metro Viaduct
Guideway and Station
structures.
DVE1.2 Lead Architect, 1 no. per- B. Arch. 8 15

experienced in the Package
architectural
design/review of Metro
Railway elevated

Package BH&IN-16
Minimum
Experience
post Minimum
qualification Total
Specialisation Minimum Minimum in metro rail Experience
Category project with post
Position Numbers Qualification
specified qualification
field (refer
(Years)
Column 2)
(Years)
(1) (2) (3) (4) (5) (6)

Stations.
DVE 1.3 Senior Geotechnical 1 no. for M. Tech 5 15

Engineer, with Each (Geotechnical)
experience in Location
Geotechnical designs,
site investigation and
reporting.
DVE 1.4 Design Coordinator 1 for Each B. Tech (Civil) 3 10

package / B. Arch.

Package BH&IN-16
For UG PACAKGES
Category Specialisation Minimum Minimum Minimum Minimum

Numbers Qualification Experience Total
Position
post Experience
qualification post
in metro rail qualification
project with
(Years)
specified
field (refer
Column 2)
(Years)
(1) (2) (3) (4) (5) (6)
DVE 1.0 Team Leader, 1 M. Tech 5 20

experienced in the (Structures)
design/review/Lead
/
design check/proof /
check of Railways / B. Tech (Civil)
8
Metro Tunnel (TBM or
NATM) and UG
Stations.

Engineer cum Package
(Structures)
Metro Underground
Station structures, cut
and cover and ramp.

Engineer cum Package
(Structures)
Metro Underground
Tunnel by TBM.
DVE1.3 Lead Architect, 1 no. per- B. Arch. 8 15

experienced in the Package
architectural
design/review of
Underground Metro
Stations.
DVE 1.4 Senior Geotechnical 1 no. per- M. Tech 5 15

Package BH&IN-16
Category Specialisation Minimum Minimum Minimum Minimum

Numbers Qualification Experience Total
Position
post Experience
qualification post
in metro rail qualification
project with
(Years)
specified
field (refer
Column 2)
(Years)
(1) (2) (3) (4) (5) (6)
Engineer, with location (Geotechnical)

experience in
Geotechnical designs,
site investigation and
reporting.
DVE 1.5 Design Coordinator 1 for Each B. Tech (Civil) 3 10

package / B. Arch.
Note:
a. Key Personnel shall be mobilised to work on the project within 30 days from the
Commencement date.
b. Design Coordinators shall be available at Bhopal & Indore till completion of
Construction work.
c. In case of non-deployment of design Key Personnel, the penalty shall be
imposed at rate of Rs.2,00,000/- (Two lakh) per month for each Key personnel
and deducted from DVE’s interim payment applications. In case of non-
deployment, for the part of the month, penalty shall be imposed on pro-rata
basis. The decision of the Engineer in this regard, shall be final and binding.

Package BH&IN-16
FLOW CHART
Start
Contractor or Contractor’s and/or MPMRCL DDC to submit documents

to DVE copied to Contractor & Engineer
DVE will issue DRS to GCD
GC will forward DRS to DDC copied to Contractor & DVE
DDC will submit DS1/DS2/GFC with compliance to DRS to DVE copied to

Contractor & Engineer
DVE will provide the check certificate to GC copied to DDC & Contractor
If No If Approved/ Yes
GC will proof check/review the final design and engineering outputs of DVE
GC will forward to MPMRCL for approval and signature, copied to Contractor,

DDC & DVE
End of activity

Package BH&IN-16
DESIGN AND VERIFICATION CERTIFICATE AND TEST PROCEDURE
Design Stage: <DS1/DS2/GFC/Engineering Note/Report Etc.,>
We certify that all necessary professional skill and care required of a professionally qualified and
competent designer experienced in work of similar nature and scope as the work under the
Contract in the performance of his duties has been used in the verification of the design (including
specification) of documents listed in Attachment 1
For
Subject: <DS2 Design of xxxxx>
Being part of the Design & Built Contractor’s Design for:
Design-Build Contract <IN-02 / BHIN-16 > Package of Bhopal / Indore Metro Rail Project
We are satisfied that:

a) The Design complies with the Employer's Requirements and design criteria for the work under
the Contract.
b) The Design & Built Contractor’s Design has been accurately translated into documents,
drawings and schedules, which have been checked. The unique numbers of these documents,
drawings and schedules are scheduled in Attachment 1 to this certificate.
On behalf of Design Verification Engineer (DVE)
Signed
Name:
DVE Name:
DVE Address:
Date
Attachment 1: List of verified drawings/documents tabulated with Drawings/Documents

number, Title and Revision to be attached with the certificate.

BHIN-16
VOLUME IV
Pricing Document
1. Preamble
1.1 This Pricing Document shall be read in conjunction with the Instructions to
Tenderers, General and Particular Conditions of Contract, Notice Inviting Tender,
Client’s Requirement etc. This is a fixed priced contract which means the quoted
rate per Unit of measurement (UOM) remains fixed for entire contract period.
1.2 The Pricing Document comprises two Sections:
1.2.1 Section-BH: Consist of Unit price to be quoted for “Design Verification Engineer
(DVE) services for construction of Elevated Viaduct including stations, ramps and
Tunnelling works including underground stations for Bhopal Metro Rail Project”.
1.2.2 Section-IN: Consist of Unit price to be quoted for “Design Verification Engineer
(DVE) services for construction of Elevated Viaduct including stations, ramps and
Tunnelling works including underground stations for Indore Metro Rail Project.”
1.2.3 The Section-BH & Section-IN has 2 types of packages, referred in below table;
Sr No. Type Name of Package
1 Elevated BH-03, BH-05 & IN-04
2 Underground BH-04, IN-05
Further the Elevated type of packages is divided in three sub parts viz. Viaduct,
Passenger Interchange station & Stations and Underground type of packages is
divided in three sub parts viz. Tunnel, Stations & Ramp.
Bidder is requested to quote rates for sub-parts of Elevated and Underground
packages described in “2. Financial Bid”.
The payment against each type of package will be made as per the GFC issued on
per unit basis as per “3. Payment Schedule for Bhopal & Indore” for Elevated or
Underground.
1.2.4 If any item to be executed is not available in Financial Bid, then it will be treated as
Variation and shall be paid in terms of Clause 5 of General Conditions of the
Contract and corresponding Particular Conditions (if any).
1.3 The Tenderer shall quote the unit rates in Indian Rupees for Bhopal and Indore
project separately in “Section-BH” and “Section-IN” respectively. If the Tenderer
fails to quote against any item, the tender may be treated as incomplete and non-
responsive and shall be rejected.
1.4 All the amounts shall be complete both in figures and in words; wherever provisions
made.
1.5 It is the Consultant’s (DVE) obligation to meet the Conditions of Contract and carry
out the Services in accordance with the Client’s Requirements etc. to become
eligible for payments under the Contract.
1.6 The rates and prices are for completed and finished items of the Services and shall
be complete in all respect. It shall include all the cost of personnel, materials, office
set-up, local transport, transportation- local or out of station, cost towards
accommodation or office setup, tools & tackles, mobilisation, demobilisation,

boarding, lodging, travel expenses of all kinds in domestic/ site visits, Consultant’s
profit and establishment/overheads, together with the preparation of drawings
and/or reports, all general risks, insurance liabilities, compliance with Labour Law
and any obligations set out or implied in the Contract.
1.7 The approval defined in the schedule is referred to approval provided by the
Engineer /Client only.
1.8 All the quoted amounts shall be inclusive of all taxes, duties, cess, royalties, levies,
etc., except GST. The GST shall be quoted separately. If the percentage of GST is
changed, it shall be adjusted after notification.
1.9 The Tenderer’s attention is directed to the provisions of Instructions to Tenderer
Sub-Clause 7.5 for Evaluation of Financial Proposals (i.e., Pricing Document),
Correction of Errors, Comparison of Tenders (i.e., determination of the lowest
evaluated tender). Total Amount (excluding GST) shall be considered for
comparison of Tenders.
1.10 The Stage Payments as per “Schedule BH” and “Schedule IN” of this Pricing
Document, shall be made on completion of the corresponding GFC, after deducting
all statutory taxes, levies, delay damages, etc. if any. The Consultant shall pass on
the benefits of any input tax credits to the Client.
1.11 Wherever the design calculations and minor reports are required as part of design
verification, the same shall be submitted and deemed to have been included in the
respective services and no separate payment shall be made for the same.
Signature of the Authorized Signatory of the Tenderer

Package BHIN-16
2. Payment Schedule for Bhopal & Indore
Name of Services: “Design Verification Engineer (DVE) services for construction of Elevated
Viaduct including stations, ramps and Tunnelling works including underground stations for Bhopal
and Indore Metro Rail Projects.”
The Client shall make payment to the Consultant (DVE) based on the approved GFC drawings
issued as per UOM basis. These payments shall be based on Unit rate quoted for “Section-BH”
& “Section-IN” of “Financial Bid.”
Notes:
i. Unit payment of line items shall be governed by the quantity executed against each item.
ii. DVE shall submit each month to the Client a statement/ invoice showing the amounts to
which DVE considers himself entitled.
iii. Breakup of Unit Rate for Each Unit of Measurement for individual sub-section shall be
submitted by DVE according to the steps involved in the process in following sub-heads-
 Water supply, Sewerage & Drainage
 Architectural
 Structural
After receipt of Employer/ Engineer’s acceptance on same, progressive payment
shall be made as per agreed schedule.
Signature of the Authorized Signatory of the Tenderer
Volume IV – Pricing Document Page 3 of 3

01.1 RFP BHIN16 Tender Document

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Madhya Pradesh Metro Rail Corporation Limited (MPMRCL)

(A Joint Venture of Government of India and Government of Madhya

“Design Verification Engineer (DVE) services for construction of

Volume I - NIT, ITT, EQC & LOT

Notice Inviting Tender Instruction to Tenderer

3.2 Clarification of Tender Documents ............................................................................. 19

4.6 Tenderer's Technical Proposals................................................................................. 23

Volume I – NIT, ITT, LOT Page 1 of 72

4.9 Manufacture, Installation and Construction Methods (Deleted) .................................. 23

4.19 Earnest Money Deposit (EMD) / Tender Security....................................................... 25

6.2 Confidentiality of Tender Information and Copyright .................................................. 28

7.5 Signing of Agreement ................................................................................................ 32

Annexure – 2 to ITT: Form of Bank Guarantee for Performance Security .................... 34

Appendix – 4 General Information About the Tenderer…………………………………….54

Volume I – NIT, ITT, LOT Page 3 of 72

Madhya Pradesh Metro Rail Corporation Limited (MPMRCL)

Volume I – NIT, ITT, LOT Page 4 of 72

PART 1: NOTICE INVITING TENDER (NIT)

Volume I – NIT, ITT, LOT Page 5 of 72

End: 16:00 hrs on 07.07.2023

Volume I – NIT, ITT, LOT Page 7 of 72

c. Number of JV/Consortium Members shall not be more than three.

Volume I – NIT, ITT, LOT Page 8 of 72

construction of Elevated Viaduct / Elevated stations (Architecture/ structural/

Volume I – NIT, ITT, LOT Page 9 of 72

1.3.3.1 Bid Capacity

Volume I – NIT, ITT, LOT Page 10 of 72

1.4 The Tender documents

Volume I – NIT, ITT, LOT Page 11 of 72

procurement portal https://etenders.gov.in/eprocure/app. Tendering processes

Date: 19.05.2023 Managing Director

Volume I – NIT, ITT, LOT Page 13 of 72

PART 2: INSTRUCTIONS TO TENDERERS (ITT)

Volume I – NIT, ITT, LOT Page 14 of 72

are obtaining are compatible.

are suspended or it is in any analogous situation arising from a similar procedure

Volume I – NIT, ITT, LOT Page 16 of 72

undue advantages in the procurement procedure or to negligently provide

Volume I – NIT, ITT, LOT Page 17 of 72

the concealment or disguise of the true nature, source, location,

Volume I – NIT, ITT, LOT Page 18 of 72

a subcontractor while submitting a Tender individually or as a partner of a JV/

matter that may be raised by Tenderers.

Volume I – NIT, ITT, LOT Page 20 of 72

(Volume IV), including various schedules, attachments and/or forms, as

Volume I – NIT, ITT, LOT Page 21 of 72

s. Appendix – 18 to the Letter of Tender: Proforma for Statement of Proposed

Volume I – NIT, ITT, LOT Page 22 of 72

Volume I – NIT, ITT, LOT Page 23 of 72

Volume I – NIT, ITT, LOT Page 24 of 72

4.19 Earnest Money Deposit (EMD) / Tender Security

Volume I – NIT, ITT, LOT Page 25 of 72

Volume I – NIT, ITT, LOT Page 26 of 72

and “Cost of Tender Document”.

Volume I – NIT, ITT, LOT Page 27 of 72

recorded in the Minutes of Tender Opening at the time of tender opening.

Volume I – NIT, ITT, LOT Page 28 of 72

shall not be considered for further evaluation and shall be rejected.