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PRESENTATION

ON

S.C JINDAL
AUTHORITY’S ENGINEER

FORMER E-IN C HR.PWD B&R

1
AUTHORITY'S ENGINEER

The Authority i.e. Ministry/ State PWD etc. shall appoint a consulting
engineering firm substantially in accordance with the selection
criteria set forth in EPC Contract Agreement, on the basis of
International Competitive Bidding, to be the Engineer for the
proposed work on behalf of the Authority.
The Authority’s Engineer should be appointed within 30 days from
the date of agreement of civil works contractor or before declaration
of appointed date.
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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC
CONTRACTS
Sl. Article / Item Period
No. Schedule Ref.
of CA
1. Article 10.2 Review of Drawings furnished by Within 15 days (for
Clause 4.1 of Contractor along with Geo-Tech, Road) and 30 days
Schedule ‘N’ Hydrological, Material, Topography (for Major Bridges)
Survey, duly recommended by the Safety
Consultant & send comments, in
particular conformity or otherwise with
scope of project, Standard and
Specifications.
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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Schedule Item Period


No. Ref. of CA
2. Clause 4.2 of Review and furnish comments Within 10 days from the
Schedule ‘N’ on revised drawings date of receipt

3. Article 11.2.2 / Review of QAP and comments Within 21 days from the
Clause 4.3 of to contractor. date of receipt.
Schedule ‘N’
4. Article 11.3 / Review of methodology Within 10 days from the
Clause 4.4 of proposed to be adopted for date of receipt.
Schedule ‘N’ executing work.
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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Item Period


No Schedule Ref.
of CA
5. Clause 4.6 of Review of Monthly Progress Report furnished Within 7 days
Schedule ‘N’ by the Contractor and send comments to from the date of
Authority and Concessionaire. receipt.

6. Clause 4.7 of Inspect construction work at least once in Within 7 days of


Schedule ‘N’ of month and submit monthly inspection report inspection
Schedule ‘N’ bring out defect/deficiencies observed/
rectified and compliance of recommendation
of Safety Consultant
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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Item Period


No. Schedule Ref.
of CA
7. Clauses 4.10, Sample test check at least 20% (Random On a daily basis based on
4.11 and 4.12 of basis) for each category/ type of test for random selection from the RFIs
Schedule ‘N’ quality control by contractor submitted by the Contractor.

8. Clause 4.14 of In the event of delay in achieving Project AE shall require the Contractor
Schedule ‘N’ Milestones completion, AE to review to indicate within 15 days the
progress, indentify delay, measures to be steps proposed to be taken to
taken by Contractor and submit expedite the progress and the
comments to Contractor & Authority. period within which the project
completion shall be achieved.
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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Schedule Item Period


No. Ref. of CA
9. Clause 4.16 of To recommend suspension of work, As and when required
Schedule ‘N’ which threatens safety to Authority and
to inspect after measures by Contractor
and report to Authority whether or not
suspension be revoked.

10. Article 19.4 / Clause Determine amount due and recommend Within 10 days of
7.2(a) of Schedule release of 90% of payment of amount receipt of stage
‘N determined as part payout payment statement

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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Schedule Item Period


No. Ref. of CA
11. Article 19.4 / Deliver to Authority and Within 15 days of receipt of
Clause 7.2(b) of Contractor’s IPCs. stage payment statement.
Schedule ‘N’

12. Article 19.6 / Verify the monthly Within 15 days of receipt of


Clause 7.3 of maintenance statement Monthly Maintenance
Schedule ‘N’ Statement.

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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Schedule Item Period


No. Ref. of CA
13. Article 19.16 / Certify final payment statement of Within 30 days of receipt
Clause 7.4 of Maintenance of the final payment
Schedule ‘N’ statement for
maintenance.

14. Article 10.5.4 AE to examine the claim for time Within 15 days of receipt
extension from the Contractor and of the Claim
seek any clarification from
Contractor

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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Schedule Item Period


No. Ref. of CA

15. Article 10.5.4 On receipt of clarifications from the Within 60 days of


Clause 6.2 of Contractor, AE shall forward in receipt of clarifications
Schedule ‘N’. writing to Contractor its
determination of time extension

16. Article12.1.2 AE to either conduct or observe, On request from


monitor review test conducted by Contractor, AE shall fix
contractor in accordance with date under intimation to
schedule K Authority/contractor.
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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Item Period


No. Schedule Ref.
of CA
17. Article12.2and AE to issue provisional certificate if Test are successful
Clause 4.18 of and completed part conform to provision of agreement
Schedule N and can be safely and reliably put in operation with
Punch list

18. Article12.2.3 If AE determine project highway or any part does not AE shall act in
confirm to provision of agreement and cannot be safely accordance with
and reliably placed in operation, AE to report to provision of Article
Contractor and Authority and to withhold PC until 12 and Schedule K.
defects/deficiencies are rectified by contractor.

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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Item Period


No. Schedule Ref.
of CA
19. Article12.2.5 No provisional certificate under 12.2 until
Contractor submitted valid claim for payment of
at least 80% of amount arrived at after
deducting the amount of work attributable to
Authority but will not include the work which
have been withdrawn under Article 8.3.3.

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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Schedule Item Period


No. Ref. of CA
20. Article 13 Clause Change of scope, AE to aid and
3.6 of Schedule N. advise on any COS.

21. Article 15 AE to make regular inspection Inspection at least


to evaluate compliance with once in month
maintenance requirements

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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Item Period


No. Schedule Ref.
of CA

22. Article 15.2.1 AE to report defects deficiencies to Within 10 days of


Authority and Contractor inspection
23. Article15.2.3 & AE to undertake inspection after Within 10 days of
15.2.4 monthly maintenance statement by submission by
Contractor and calculate damages for Contractor
non-compliance.

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ROLES & RESPONSIBILITIES FOR AUTHORITY’S ENGINEER IN EPC CONTRACTS

Sl. Article / Schedule Item Period


No. Ref. of CA
24. Article 19.17. & (i)If as a result of change in law contractor
Article 28 suffers addition cost, contractor to notify
(definition) additional cost to Authority and copy AE
Article 19.17 (ii) If contractor benefits from reduction in cost,
either partly notify to other party with copy to
AE
Article19.17.3 (iii) AE on receipt of notice from Contractor or With 15 days
Authority determine any additional or of receipt
reduction in Contract Price
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OBLIGATION REGARDING PRIOR APPROVAL OF AUTHORITY

The Authority’s Engineer shall perform the duties and exercise the authority in
accordance with the provisions of Schedule-N, but subject to obtaining prior written
approval of the authority before determining:
(a) any time extension;
(b) any additional cost to be paid by the authority to the contractor;
(c) the termination payment; or
(d) any other matter which is not specified in (a), (b) or (c) above and which creates
an obligation or liability on either party for a sum exceeding Rs. 50,00,000 (Rs. Fifty
Lakh).
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OTHER IMPORTANT PROVISION OF AUTHORITY’S ENGINEER SERVICES
• Delegation by the Authority’s Engineer : The Authority’s Engineer may delegate his duties and
responsibilities to suitably qualified and experienced personnel who are accountable to Authority’s Engineer
under intimation to the authority and contractor.
• Instructions of the Authority’s Engineer : The instructions issued by the Authority’s Engineer shall be in
writing.
• Remuneration of the Authority’s Engineer : The remuneration, cost and expenses of the Authority’s
Engineer shall be paid by the Authority.
• Termination of the Authority’s Engineer : The Authority may, in its discretion, replace the Authority’s
Engineer at any time. If the contractor has reasons to believe that the Authority’s Engineer is not
discharging its duties and functions in accordance with the provisions of this agreement, it may make a
written representation to the authority and seek termination of the appointment of the Authority’s Engineer.
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PROCEDURE FOR APPOINTMENT OF AUTHORITY’S ENGINEER
• NIT (NOTICE INVITING TENDER): NIT shall be published in news papers and e-portal for tendering e.g. CPPP
for wide advertisement. NIT shall consists of name of work, scope of work, estimated cost, date of issue of NIT ,
due date of submission of tender, cost of tender documents, address of web-portal.
• The interested consultancy firms may download the RFP document from the official website of the employer
within the prescribed period.
• The consultant who download the RFP document from the website will be required to pay non- refundable fee
at the time of the submission of the bid proposal, in the form of demand draft. The RFP will be invited through
e-tendering portal.
• The applicant shall furnish as part of its proposal, a bid security as specified in the form of a Bank Guarantee
(as per the format specified in appendix N of the RFP document) (the “Bid Security”), valid for 45 days beyond
the validity of the bid. The bid submitted without bid security will be summarily rejected. The bid security of the
successful bidder will be returned when the bidder has signed the contract agreement with the employer and
has furnished the required Performance Guarantee as specified in the document within 15 days from the
receipt of the Letter of Acceptance. 18
ELIGIBILITY CRITERIA
S. Experience of the firm in last 7 years Annual Turnover***
No. Preparation of DPR Project Supervision/IC (NH/SH/Equivalent)
(NH/SH/Equivalent)
1 (a). The firm should have minimum The firm should have minimum experience Annual turnover (updated
experience of preparation of detailed of Project Supervision/Independent average of last 3 years) of the
Project Report/ Feasibility Study cum Engineer/ Authority’s Engineer of 2/4/6**- firm from consultancy business
Preliminary Design Report of 2/4/6**- laning/Bridge project of aggregate length should be equal to or more than
laning/Bridge project of aggregate equal to 3 times or more of similar category 2% of Estimated Project Cost.
length equal to 2 times or more of for which RFP is invited.
similar category for which RFP is
invited.

1 (b) Firm should also have prepared Firm should also have experience of Project  
DPR/Feasibility Study cum Preliminary Supervision/Independent Engineer/
Design Report for at least one project of Authority’ Engineer of at least one project of
similar category of two/four/six** similar category of two/four/six**
laning/bridge work of 40% of project laning/bridge work of length equal to 40%
length.. of project length. 19
ELIGIBILITY CRITERIA (CONTD…)
• **Similar project means 2/4/6 lane as applicable for the project for
which RFP is invited. for 2-lane projects experience of 4/6 lane
also to be considered with a multiplication factor of 1.5.
Experience of 4/6 lane shall be considered interchangeably for 4/6
laning projects. Experience of 2 lane will not be considered for 4/6
laning projects. For standalone bridge projects, experience in
bridge work (either standalone project or as a part of road project)
only be considered.

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ELIGIBILITY CRITERIA (CONTD…)
• The lead partner must fulfil atleast 50% of requirements and other JV partner should fulfil atleast
30% of eligibility criteria as indicated at 1(a) of table in para (A) above. Also the lead partner
and JV partner jointly should meet the eligibility criteria as mentioned at 1(a) of table in para (A)
above. Lead partner should meet the criteria 1 (b) of table.
• For weightage of experience in any past Consultancy assignment, experience certificate from
the client shall be submitted. In absence of clear demarcation of JV share in client certificate,
the weightage will be treated as 60 % for lead partner and 40% for minor partner. Annual
turnover duly certified by Chartered Accountant shall be accepted. In case of non-availability of
such documents no weightage of turnover/experience will be considered.
• The bidder may be sole applicant or lead member with joint venture(s) and may include an
Associate company also. Firm’s Credential of associate Firm shall not be considered for
evaluation. 21
ELIGIBILITY CRITERIA (CONTD…)

• Maximum numbers of key personnel of the associate firm during


the RFP Proposal and implementation of contract is limited to 3
(three).
• The bidder shall not have conflict of interest with civil contractor relevant
to this project.

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ELIGIBILITY CRITERIA (CONTD…)
• The points assigned to Technical Evaluation criteria are:
Sl. No. Description Marks

1. Relevant experience of the firm for the assignment 25

2. Qualifications and competence of the key staff for the assignment 75

Total 100

A. Relevant experience of the firm for the assignment are tabulated under:
Criteria Marks
Average Annual Turnover (last 3 years) from consultancy business 2
Experience in Construction Supervision/Independent Engineer/Authority Engineer in Highway 16
Projects of length equal to 4.5 km. of 4/6**-laning or more / bridge works in last 7 years*

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ELIGIBILITY CRITERIA (CONTD…)
A. Relevant experience of the firm for the assignment are tabulated under:
Criteria Marks
Average Annual Turnover (last 3 years) from consultancy business 2
Experience in Construction Supervision/Independent Engineer/Authority Engineer in 16
Highway Projects of length equal to 4.5 km. of 4/6**-laning or more / bridge works in last
7 years*
Experience in DPR preparation/ Feasibility Study cum Preliminary Design Report 7
for Number of Highway Projects (of length equal to 4.5 km. of 4/6**-laning or
more/Bridge Works) in last 7 years *
Total 25

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ELIGIBILITY CRITERIA (CONTD…)
B. Qualification and competence of professional/sub-professional staff for the assignment shall be
evaluated. The weightage for various key staff are as under:-
Sl. No. Staff Position Marks in case of single project
1. Team Leader- cum Sr Highway Engineer 15
2. Resident Engineer Cum Highway Engineer 10
3. Sr. Contract Specialist 9
4. Senior Quantity Surveyor 7
5. Bridge/Structural Engineer 8
6 Material Engineer 7
7. Highway Design Specialist 7
8. Bridge Design Specialist 7
9. Road Safety Expert 5
25
Total 75
ELIGIBILITY CRITERIA (CONTD…)
Sub criteria for qualification of key Personnel (i.e. Professional staff):-
Sl. No. Staff Position Marks in case of single project
1. General qualifications 25
2. Adequacy for the project 70
3. Employment with firm 5
Total 100

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PROCEDURE FOR APPOINTMENT OF AUTHORITY’S ENGINEER (CONTD….)

Evaluation of Bids
• The proposal should be submitted by consultancy firms in the type mentioned i.e. Single Stage Bidding in
two envelope system. Evaluation of bids shall be carried in two steps-
(i) Evaluation of Technical Bid: It includes evaluation of firm’s credentials and CVs of key personnel
proposed to be deployed at the project. Only those Applicants whose Technical proposal score 75 marks or
more out of 100 shall qualify for further consideration. However, if the number of such pre-qualified
applications is less than two, the Employer may, in its sole discretion, pre-qualify the applicant(s) whose
technical score is less than 75 marks. The results of technical evaluation shall be made available on website
giving opportunities to bidders to respond within seven days in case they have any objections.
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PROCEDURE FOR APPOINTMENT OF AUTHORITY’S ENGINEER (CONTD….)

Evaluation of Bids
• (ii) Evaluation of Financial Bid: Employer may notify shortlist of Technically qualified consultants as per the
minimum criteria mentioned in RFP alonwith the list of those consultants whose proposals were not
considered as per conditions of RFP. The Employer shall simultaneously notify the shortlisted firms by making
available results of technical evaluation on the web site indicating the date and time set for opening of the
Financial Proposals.
The Financial Proposals shall be opened publicly in the presence of the consultants’ representatives who
choose to attend. The Evaluation Committee shall determine the final score of the bidders by giving 80%
weightages to Technical Proposal and 20% Weightage to Financial proposal.
• Consultants may apply either as a sole firm or forming Joint Venture with other consultants.
• Finally, the selected firm and its associates, if any are called for negotiation meeting and the details of all
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proposed personnel and their availability is being confirmed before the award and commencement of works.
PROCEDURE FOR APPOINTMENT OF AUTHORITY’S ENGINEER (CONTD….)

Evaluation of Bids
The lowest financial proposal (FM) will be given a financial score (SF) of 100 points. The financial scores of
other proposals will be computed as follows:
SF= 100 x FM/F (F= amount of financial proposal)
Proposals will finally be ranked according to their combined technical (ST) and financial (SF) scores as
follows:
S= ST x Tw+SF x Fw
Where ST is the Technical Score, S is the combined score, and Tw and Fw are weights assigned to
Technical Proposal and Financial Proposal, that shall be 0.80 and 0.20 respectively.

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PROCEDURE FOR APPOINTMENT OF AUTHORITY’S ENGINEER (CONTD….)

Evaluation of Bids
The selected Consultant shall be the first Ranked Applicant (H-1, having the highest combined score). The
second ranked applicant (H-2) shall be kept in reserve and may be invited for negotiation in case the first
ranked Applicants withdraws, or fails to comply the requirements specified in this document. In the event the
proposals of two or more consultants have the same scores in the final ranking, the proposal with the
highest technical score should be ranked first.

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PROCEDURE FOR APPOINTMENT OF AUTHORITY’S ENGINEER (CONTD….)

Award of Contract
The Employer shall notify the successful firm who submitted the highest scoring proposal in writing by
registered letter or facsimile and may either issue LOA if negotiations are not required or may invite
it to negotiate the contract.
• Award Of Contract: After completion of negotiations with the consultants, the Client shall award the
Contract to the selected Consultant.
• Performance Security: The successful consulting firm shall have to submit a Bank Guarantee (BG) for an
amount of 2.50% of the Contract Value within 15 days of issue of LOA. The BG shall be valid
for a period of Construction Period + 2 months of the project.

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PROCEDURE FOR APPOINTMENT OF AUTHORITY’S ENGINEER (CONTD….)

Signing of Contract Agreement


After receipt of BG against Performance Security, the Contract Agreement shall be signed as per the format
enclosed with the RFP.

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THANK YOU

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