sjvn ltd.sjvn.nic.in/writereaddata/portal/tender/3127_1/1_jtp_hep... · 2020-04-01 · development)...

REQUEST FOR PROPOSAL (RFP) (THROUGH E-PROCUREMENT)

{Domestic Competitive Bidding} FOR

CONSULTANCY SERVICES FOR ENVIRONMENT CLEARANCE

OF

JANGI-THOPAN-POWARI HEP (780 MW), IN DISTRICT KINNAUR

{HIMACHAL PRADESH}

INDIA

*****

Proposal No.: DCB- CCD - JTPHEP-760-01

CLIENT : SJVN

COUNTRY : INDIA

SHIMLA APRIL,2020

SJVN Ltd. (A Joint Venture of Govt. of India & Govt. of Himachal Pradesh)

(An ISO-9001-2015, Mini Ratna & Schedule-A PSU) SJVN Corporate Office Complex : Shanan Shimla-06.

SHIMLA – 171006 (H.P.), INDIA CIN: L4010HP1988GOI008409

CONTENTS

Sr. No. Description Page No.

Section 1 Press Notice

Detailed Notice Inviting Proposal

2-18

Section 2 Instructions to Consultants 19-41

Section 3 Technical Proposal 42-52

Section 4 Financial Proposal 53-57

Section 5 Standard Terms of Reference Attached separately

Section 6 Standard Form of Contract, General Conditions of

Contract, Special Conditions of Contract and Appendices

60-118

2

SECTION-1

PRESS NOTICE

DETAILED NOTICE INVITING PROPOSAL

3

SJVN Limited (A Joint venture of Govt. of India and Govt. of H.P)

A Mini Ratna & Schedule 'A' PSU

CIN: L40101HP1988GOI008409

PRESS NOTICE

E- Tender No. DCB-CCD-JTP HEP-760-01

On behalf of SJVN Ltd., online bids (e-tender) on Domestic Competitive Bidding (DCB)

are invited for 'Consultancy Services for Environment Clearance of Jangi-Thopan-Powari

Hydroelectric Project (780 MW), H.P’.

For details, please visit websites www.sjvn.nic.in, https://sjvn.abcprocure.com and

www.eprocure.gov.in .

Last date for bid submission is _ _._ .20_ _ (_ _:_ _ Hrs). Amendment(s), if any, shall be

issued on above websites only.

For and on behalf of SJVN Ltd.

CGM/HOD (Civil Contracts)

SJVN Ltd., Shimla (HP)

Email: [email protected]

http://www.sjvn.nic.in/

https://sjvn.abcprocure.com/

http://www.eprocure.gov.in/

mailto:[email protected]

4 Consultancy services for Environment Clearance of JTP HEP

SJVN Limited (A Joint Venture of Govt. of India & Govt. of Himachal Pradesh)

(An ISO-9001-2015, Mini Ratna & Schedule-A PSU) SJVN Corporate Office Complex : Shanan,

SHIMLA – 171006 (H.P.), INDIA CIN-L40101HP1988GOI008409

CONSULTANCY SERVICES FOR ENVIRONMENT CLEARANCE OF JANGI-

THOPAN-POWARI HEP (780 MW) IN DISTRICT KINNAUR IN THE STATE OF

HIMACHAL PRADESH.

1.1.0 INTRODUCTION AND INVITATION

1.1.1 SJVN Limited (A Joint venture of Govt. Of India and Govt. of Himachal Pradesh),

Schedule ‘A’ Mini Ratna was incorporated in the year 1988 for Construction and

Operation of Nathpa Jhakri HEP. With successful commissioning of NJHPS (1500

MW) & RHPS (412 MW), SJVN was entrusted with Construction and Operation of

more projects in the State of Himachal Pradesh, other States in India and Neighboring

Countries. SJVN is fast emerging as a major power player in the country. SJVN has

pool of outstanding Engineers and talented manpower that have been translating big

dreams into reality since commissioning of Nathpa Jhakri HPS & Rampur HPS and

now have become experienced enough to tackle all sorts of challenges anticipated in

development of such projects in typical Himalayan geology.

SJVN has expanded its horizons and envisions developing itself into a fully

diversified trans-national Power Sector Company in all types of conventional & non-

conventional forms of energy and in Power Transmission. SJVN today has a footprint

in a diversified set of power projects. The present installed capacity of SJVN is

2015.2 MW comprising of 1912 MW of Hydropower (generating from 1500 MW

Nathpa Jhakri HPS + 412 MW Rampur HPS in Himachal Pradesh) and 97.6 MW of

Wind Power (generating from 47.6 MW Khirvire WPP in Maharashtra & 50 MW

Sadla WPP in Gujarat) and 5.6 MW Charanaka Solar Plant in Gujarat. In addition, 86

ckm 400 kV Transmission Line (CPTC- JV -26%) for trade between Nepal & India is

also in operation. The Company, at present, is implementing (under various stages of

development) 13 Hydro Power Projects with proposed capacity totalling 4,027 MW

(11 Projects- 2,744 MW in India and 2 Projects of 1500 MW in neighboring countries

of Nepal & Bhutan), one 1320 MW Thermal Power Project at Buxar in state of Bihar.

SJVN is also a JV partner in Cross Border Transmission Company Ltd. (CPTC) Ltd.

with Power Grid, IL&FS, and Nepal Electricity Authority in operation of 86 ckm

long 400 kV double circuit Indo-Nepal Cross Border Power Transmission corridor

between Sursand (Nepal) and Muzaffarpur (India). In addition to above, for


evacuation of power from Arun-3 HE Project, the Nepal portion of transmission line

(217 ckm) starting from generating station (Didling) upto Bathnaha (Indo-Nepal

Border) & extension of Dhalkebar sub-station shall be executed by SAPDC (A

wholly owned subsidiary of SJVN) through Project Management Consultancy by

PGCIL. All these projects are associated with numerous activities, which will bring

enhanced development of the concerned area and people around. The company is

striving to give shape to its aspirations and committed to increase its Geo-strategic

reach in Operations.

The Jangi-Thopan-Powari HEP (780 MW) is located in District Kinnaur, in the

Himachal Pradesh. The aim of this RFP is to invite proposals for:

Consultancy services during three stages of EIA Notification 2006- Scoping, Public

Consultations & Appraisal, which shall primarily involve, but not limited to,

application for TOR (Terms of Reference) and obtaining scoping clearance;

preparation of EIA/EMP studies & reports thereof or any other report/observation (s)

desired by EAC for grant of Environment Clearance; application for prior

Environment Clearance; presentations before EAC and during public consultation

etc. This shall include any additional study/condition imposed during the TOR and

EC process and reports thereof.

1.1.2 SJVN invites Proposal in single stage two parts i.e. Techno Commercial Bid and

Financial Bid on Domestic Competitive Bidding, through Electronic Tendering

System (E-Tender) from Consultants (sole consultant only) for consultancy services

for Environment Clearance of JTP HEP (780 MW).

1.2.0 KEY DATES/OTHER RELATED PARTICULARS:

The key particulars/details and dates of this “Request for Proposal” are as under:

i. Request For Proposal

(RFP) No.

: DCB-CCD-JTP HEP-760-01

ii. Name of the Work

Consultancy Services for Environment

Clearance of Jangi-Thopan-Powari (780

MW) in district Kinnaur, Himachal

Pradesh.

iii. (

9

9

Proposal view date and

time.

: 01.04.2020 (18:00 Hrs) to 15.05.2020

(13:00 Hrs)

iv. Pre-bid meeting

(date/time and venue)

: Shall be intimated separately.


v. Last date & time for

uploading of Technical

as well as Financial

Proposal on SJVN’s e-

tender portal

https://sjvn.abcprocure

.com

:

15.05.2020 up to 1300 Hrs.

vi. Deadline for

submission of

documents in physical

form.

: 22.05.2020 up to 1800 Hrs.

vii. Last date for

submission of letter

seeking

clarifications/pre-bid

queries from

Consultants


viii. Venue for opening of

proposals

Venue : Corporate Civil Contracts Deptt.

SJVN Corporate Office Complex, Shanan.

Shimla-06, H.P.

ix. Date & time for

opening of Technical

Proposal.

: 15.05.2020 at 15:00 Hrs.

x. Date & time for

opening of Financial

Proposal.


xi. Bid validity period : The bid proposal shall remain valid for 180

days after the last date fixed for submission

of proposal including extension thereof, if

any.

xii. Cost of Request for

Proposal document*

: INR 5,000 /- (Rupees Five Thousand) (non-

refundable) inclusive of GST Payable

online through E-payment gateway

available on SJVN’s E-tender portal,

https://sjvn.abcprocure.com)

xiii. EMD/Bid Security* : INR 60,180/- (Rupees Sixty thousand one

hundred and eighty only) (payable as per

Sub-Clause 2.3.11 of Section-2, ITC of

RFP Document.)





* Small Scale Units registered with the National Small Industries Corporation (NSIC)

under their single point Registration Scheme of the stores /work are exempted from

furnishing the cost of tender document fees and bid security deposit. Further, Micro

and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by

Department of Micro, Small and Medium Enterprises (MSME) or registered with

Central Purchase Organization or the concerned ministry or department are also

exempted from furnishing the cost of tender document fees or bid security. Waive off of cost of RFP document and bid security shall also be extended to any other body specified by Ministry of MSME from time to time.

1.3.0 REGISTRATION FOR E-TENDERING / METHOD OF APPLYING

1.3.1

This tendering process is being processed through e-procurement mode and the RFP

document containing the Detailed Notice Inviting Proposal, Instructions to

Consultants, Technical Proposal, Financial Proposal, Standard Terms of Reference,

GCC, SCC etc. shall be available at SJVN’s E-tender portal,

https://sjvn.abcprocure.com only.

For participating in E-tendering with SJVN Ltd., the Consultant has to register with

M/s E-procurement Technologies Ltd. (If not registered earlier and/or if the

registration is not valid at the time of uploading/submission of Bid) on SJVN’s E-

tender Portal, https://sjvn.abcprocure.com and the detailed procedure for the

registration is as under:-

Steps for New Bidder Registration:

• Click on a “New Bidder Registration” link available on home page of website

https://sjvn.abcprocure.com

• Applicant needs to furnish individual details as well as of company details in

registration form.

• After filling all mandatory fields, Applicant need to click on “submit” button to

complete registration process.

• On successful completion of registration Applicant will be prompted a message

saying that “You have successfully registered on SJVN Limited’s e-Procurement

Portal”

1.3.2 System Configuration Requirements

a) An Internet connection with minimum 512 Kbps speed.

b) Operating System should be Windows XP Service Pack -3 / Vista / Windows 7.

c) Supported Browsers: Internet explorer – 7.0, 8.0 & 9.0





d) Minimum bandwidth 512 kbps

e) Operating System Core2Duo / I3 / I5 (Recommended)

f) System Access with Administrator Rights

g) Minimum RAM 2 GB

h) Digital Certificate: To participate in an e-Tender, Applicant must have a

valid Digital Certificate from certifying authority of India as per the IT Act, 2000.

Valid Digital Certificate must be installed in a computer system from where

Applicant wants to login on website. Perform the below steps to confirm whether

valid digital certificate is available on your computer system or not:

Steps:

Open Internet Explorer.

Select Tools menu from menu bar OR Press Alt + T on your keyboard.

Click on Internet Options >>Content >>Certificate button.

You should be able to view your digital certificate under “Personal” heading.

1.3.3

Requirement of Digital Signature Certificate

Please enable ActiveX Controls & Plug-ins. (Tools->Internet Options-> Security-

>Custom Level)

Active-X controls need to be enabled in your Internet browser. In order to ensure this,

please do the following:

1) In Menu Bar ---Click on Tools - Internet Options – Security – Click on Trusted

Sites Icon – Click on Sites button

Add following two Website in Trusted Sites……

1) https://sjvn.abcprocure.com

&

2) https://www.tpsl-india.in

After that, click on


https://www.tpsl-india.in/


Tools menu of Internet explorer - Internet Options – Security – Click on Internet Icon

After that, Click on Custom Level button –

From below ActiveX controls and plug-ins ---- Select below 5 Items to be enabled

1) Download signed ActiveX controls –select Prompt or Enable

2) Download unsigned ActiveX controls – select Prompt or Enable

3) Initialize and script ActiveX controls not marked as safe for scripting – select

Prompt or Enable

4) Run ActiveX controls and plug-ins-select Enable

5) Script ActiveX controls marked safe for scripting – select Enable

After completed this above selection----Below option has available---Reset custom

settings---Reset To: Select low or medium ---Click on OK

Also, please check your system Date & Time it should be set as current date &

time.

In case of Digital Certificate based Login, user need to download & install

"Signer" file available under Download Section at https://sjvn.abcprocure.com.

Download & Install "Intermediary Certificate" available under Download

Section at https://sjvn.abcprocure.com.

Please disable or uninstall Third Party Toolbar / Add-ons from Browser.

1.3.4

DIGITAL SIGNATURES:

For participating in E-tendering i.e., for login, uploading & downloading the RFP

document or for submitting the proposals on E-mode, the Consultant has to procure a

Digital Signature/Digital Security Certificate. Digital signature can be obtained from

any of the authorized agencies of CCA (Controller of Certifying authorities) from

GNFC, TCS, MTNL, Safe Script etc. For this a separate processing fee would be

payable to the authorized agency of CCA.

Consultant shall be required to arrange all resources, including Digital Signature and

Internet Connections at their own cost, for participating in online tenders/ bids at

SJVN’s E-Procurement portal.




All the Consultants are requested to get themselves registered well in advance and no

extra time will be considered for the delay in on-line Vendor Registration, if any. In

case Consultants wait till the last moment for registration/uploading of Bids, and if

any technical problem is encountered at that time and the closing time may elapse,

SJVN Ltd. shall not be responsible in any manner for such delay/ or any other reason

thereof.

1.3.5 Mode of the payment for Purchase/downloading of RFP document and EMD.

The following modes of payments have been provided for e-payment on account of

Purchase/downloading of RFP document :

Applicant can make online payment using below facilities:-

a) Credit Card

b) Debit Card

c) Net Banking

d) NEFT/RTGS

Credit Card/Debit Card/Net Banking:-

• Applicant is required to add https://www.tpsl-india.in website in Trusted Zone

as suggested above.

• Applicant needs to feed correct details while making the payment through

online payment gateway.

NEFT/RTGS:-

• To make payment through NEFT/RTGS, Consultant will get an auto generated

e-Mail which contains details of their Unique Bidder Code and when and how

to do RTGS/NEFT and details pertaining to it. This information will also be

available on screen under heading of “NEFT/RTGS Instruction” once bidder

gets login.

• Once Consultant deposit amount in Beneficiary account number provided to

them, while making payment for document fees and EMD by RTGS/NEFT

payment option at the document fees and EMD payment screen, Consultant

shall be able to view the funds already remitted by him/her through NEFT

/RTGS as available. Please proceed to make the payment. Upon doing so, the

required amount to be paid through the document fees and EMD, shall get

appropriately deducted from the available balance and payment shall be

https://www.tpsl-india.in/


confirmed in real time.

• This facility allows you to transfer lump sum amount to your Consultant ID

account number as mentioned above via RTGS / NEFT. Consultant would be

able to use the funds as and when require till the time balance is available in

Bidder ID. Also, Consultant can transfer more amount as and when he

requires. Kindly note that the payment via RTGS / NEFT is required to be

made one working day in advance in order to make it available in your

Bidder ID. Hence please ensure that Bidder remit funds at least one day in

advance before he/she would like to make the document fees and EMD

payment through RTGS / NEFT option on payment gateway.

• Caution: Please ensure that you need to mention the correct beneficiary

account number and IFSC code as mentioned above while making payment via

RTGS / NEFT. In the event of funds remitted to wrong beneficiary account

number, SJVN Limited or its Bank or its service provider would not be

responsible for the same.

• Please note that FDR duly pledged in favour of SJVN Ltd. shall also be

permitted for Earnest Money Deposit only.

Note: i) The payment on account of cost of RFP document other than modes

specified here-in-above shall not be acceptable.

ii)Small Scale Units registered with the National Small Industries

Corporation (NSIC) under their single point Registration Scheme of the

stores /work are exempted from furnishing the cost of tender document

fees and bid security deposit. Further, Micro and Small Enterprises

(MSEs) as defined in MSE Procurement Policy issued by Department of

Micro, Small and Medium Enterprises (MSME) or registered with Central

Purchase Organization or the concerned ministry or department are also

exempted from furnishing the cost of tender document fees or bid security. Waive off of cost of RFP document and bid security shall also be extended to any other body specified by Ministry of MSME from time to time.

1.3.6 Downloading Bid Document

Consultant to access e-Tender portal of SJVN (https://sjvn.abcprocure.com ) to access

RFQ document, after completing registration formality and successful login, applicant

needs to process for Tender Fee /Document Fee and after that bidder can download

detailed tender document.

Download Document link is available at the end of every tender notice along with

access to Corrigendum

Bid Submission



• Applicant needs to login first on the tendering portal of SJVN, (i.e.

https://sjvn.abcprocure.com)

• Search tender by filling necessary searching criteria after Login.

• After finding the tender on the screen , Click on the “Dashboard”

• Click on “Declaration” and then Click on “I Agree”

• Click on the “Tender Fees” and Pay the Tender Fees Online

• Click on “Prepare Bid” and Fill necessary Forms (Schedules)

• After filling Price Bid Form click on “Final Encrypt”

• After filling all forms and final Encryption of Price bid Click on “Final

Submission”

• After Final Submission bidder will get receipt of Final Submission of their Bid

Contact Details

Consultant may contact below mentioned official in case of any assistance required

with respect to accessing of e-Tendering portal and bid submission.

Mr. Nitesh Sharma

M-9265562822, e-mail: [email protected]

Mr. Gaurav

Ph- 9265562832, e-Mail: [email protected]

1.4.0 BREIF SCOPE OF SERVICES/ WORK

The Scope of Work to be performed by the Consultant shall be Consultancy during three

stages of EIA Notification 2006 - Scoping, Public Consultation & Appraisal, which shall

primarily involve, but not limited to, application for TOR (Terms of Reference) and

obtaining Scoping Clearance; preparation of EIA & EMP studies & reports thereof or any

other report/observation (s) desired by EAC for the grant of Environment Clearance;

application for prior Environment Clearance; presentations before EAC and during public

consultation, etc. This shall include any additional study/ condition imposed during the

TOR and EC process and reports thereof. All studies including biodiversity study shall

be performed as per the guidelines and norms laid down by the Statutory Bodies i.e.

Ministry of Environment Forest & Climate Change, Govt. of India, State Pollution

Control Board, or any other regulatory or statutory body of the Central or State

Government for Environmental Clearances.



In addition to above, the consultant shall provide all assistance to SJVN during the

process of obtaining requisite environment clearances from Statutory Bodies.

Consultant shall ensure that valid accreditation from QCI/NABET is duly renewed and

maintained for Category ‘A’ river valley/hydro projects till the project is accorded

Environment Clearance from MOEF&CC.

1.5.0 TIME FOR COMPLETION

The Consultant shall perform the work according to the following time period:

1. The period of completion of the work :

Sl.

No.

Description Completion time from the date as

notified by EIC

1. Filling of application prescribed for

TOR

By the end of 07 days

Sl.

No.

Description Completion time from the 7th

day of issue of TOR/Scoping

Clearance letter

1. Submission of Inception Report—First

progress report.


2. Submission of report on measurement and

analysis of first season primary and secondary

data—Second progress report.


3. Submission of report on measurement and

analysis of second season primary and

secondary data—Third progress report.


4. Submission of draft comprehensive EIA

report incorporating all season data and

executive summary in English as well as in

local vernacular language for conduct of

public hearing.


5. Submission of final EIA/EMP report after

including the public hearing issues along with

their addressal to MoEF & CC for



Environmental Clearance.

Consultant to ensure that final EIA/EMP

Report is submitted to Project EIC within 30

days after receiving Minutes of Meeting of

the Public Hearing/any letter from Statutory

authority.

6. Submission of final EIA/EMP report and

executive summary in English and in local

vernacular language after grant of

environment clearance by Statutory bodies.


1.6.0

ELIGIBILITY

1.6.1 Proposals from those consultants who have not paid the Tender fee shall not be

considered. However, Small Scale Units registered with the National Small Industries

Corporation (NSIC) under their single point Registration Scheme of the stores /work

are exempted from furnishing the cost of tender document fees and bid security

deposit. Further, Micro and Small Enterprises (MSEs) as defined in MSE Procurement

Policy issued by Department of Micro, Small and Medium Enterprises (MSME) or

registered with Central Purchase Organization or the concerned ministry or

department are also exempted from furnishing the cost of tender document fees or bid

security. They should furnish an attested scanned copy (by authorized representative)

of the valid registration NSIC/MSME Certificate / Udyog Aadhaar Memorandum

number. No other bidder is exempted from furnishing cost of tender fee and bid

security as mentioned above. Waive off of cost of RFP document and bid security shall also be extended to any other body specified by Ministry of MSME from time to time.

1.6.2 The Consultant should meet the following minimum qualifying requirements for

Jangi-Thopan-Powari HEP, (780 MW) ::

1. The Consultant should have a valid accreditation for conducting EIA/EMP studies

in respect of category ‘A’ River Valley /Hydro Electric Projects from Quality

Council of India (QCI) – National Accreditation Board for Education and Training

(NABET) under the scheme for accreditation for EIA consultant organisation.

2. The Consultant shall be registered with Quality Council of India (QCI)/ NABET

under the scheme of Accreditation & Registration of MoEF & CC and name shall

appear in the latest list uploaded on website of MoEF & CC.


1.7.0 GENERAL

1.7.1 A Consultant will be selected under Least Cost Based Selection (LCBS) and

procedures described in this RFP. The RFP includes the following documents:

Section 1 - Detailed Notice Inviting Proposal.

Section 2 - Instructions to Consultants

Section 3 - Technical Proposal - Standard Forms

Section 4 - Financial Proposal - Standard Forms

Section 5 - Standard Terms of Reference

Section 6- Standard Form of Contract, General Conditions, Special Conditions

and Appendices

1.7.2 RFP Document will neither be issued manually nor be sent by post or courier; the

same can be viewed and downloaded by the registered applicants only on SJVN E-

Tender portal https://sjvn.abcprocure.com between the dates and time mentioned in

Clause 1.2.0 here-in-above.

1.7.3 Interested parties may download the RFP document in accordance with the procedure

given under Clause 1.3.0 between the date and time mentioned in Clause 1.2.0 here-in-

above. Downloading/uploading of RFP document/proposal by any Consultant shall,

however, not construe that such Consultant is considered as qualified.

1.7.4 The RFP document shall be available on website https://sjvn.abcprocure.comonly. At

any time before the submission of proposals, Client may modify/ amend the Request

for Proposal document and extend the last date of submission/opening of the proposal

and any other key dates by issuing a corrigendum/addendum and such

corrigendum/addendum to this notice as well as to the RFP document shall be

available only on following websites:

A www.sjvn.nic.in

B https://sjvn.abcprocure.com

C www.eprocure.gov.in

As such the Consultants are advised to visit the above websites regularly before

deadline for submission of Proposal.

To give the Consultants reasonable time to take an amendment into account in their

proposals and on account of any other reasonable circumstances, Client may at its

discretion, extend the deadline for the submission/opening of the proposals.

http://www.tenderwizard.com/SJVNL






1.7.5 A particular consultant can apply as a sole consultant only.

The Consultant, as an individual or as a partner in JV, blacklisted by Govt. of India

and its undertaking, on grounds of corrupt and fraudulent practices, is not eligible to

participate in submission of proposal for this assignment. An undertaking to this effect

may be provided by the consultant as provided in the RFP document.

1.7.6 The prospective Consultants are advised to visit the Project Site before submission of

their proposals. The Consultant shall bear all costs associated with the site visit. The

Consultant shall arrange the inner permit/permission for him as well as for his workers

as required in accordance to the laws if required for the work.

The information about the project and/or its surroundings are given in good faith. The

Consultants may however, obtain necessary information and acquaint themselves with

Site by making site visit at their own cost.

1.7.7 An authorized representative of the Consultant shall fill and digitally sign the

Technical & Financial Proposal. The authorization shall be in the form of Power of

Attorney accompanying the Proposal.

Duly Notarized Power of Attorney must be supported with necessary documentary

evidence of the person/authority giving power of attorney like Partnership Deed,

Board Resolution, Memorandum & Articles of Association etc. indicating that the

person/authority issuing POA is authorized to issue such POA.

1.7.8 The consultant shall submit the Technical and Financial proposal through e-mode.

However, the consultant shall also submit the scanned copies of the following

documents along with technical bid through e-mode. The original of the same shall

have to be submitted on or before the date & time mentioned in Sr. No. 1.2.0 (vi.)

above in a sealed envelope through post/courier or by hand on the address of:

Chief General Manager/HOD(Civil Contracts),

Corporate Contracts Department (Civil),

SJVN Corporate Office Complex, Shanan,

Shimla-171006, (H.P.)

I. Power of Attorney

A Power of Attorney indicating that the person(s) signing the Bid has the

authority to sign the Bid supported with necessary documentary evidence of

the person/authority giving power of attorney like Partnership Deed, Board

Resolution, Memorandum & Articles of Association etc. indicating that the

person/authority issuing POA is authorized to issue such POA and that the Bid

is binding upon the Bidder during the full period of its validity in accordance

with Form Appendix-I of Section-6.

II. Copy of Valid NSIC/MSME Certificate /Udyog Aadhaar Memorandum


number(if applicable) towards tender document fees and Bid security.

III. Integrity Pact duly signed by authorized representative of the Consultant.

Failing which the financial proposal will not be opened.

1.7.9 Submission of proposals by the Consultant implies that they have read this notice and

all other documents and have made themselves aware of the scope & specifications of

the work to be done and local conditions and other factors, which may have bearing

on the execution of the works.

1.7.10 Initially the Technical proposal on e-mode will be opened on the specified date and

time mentioned at Clause 1.2.0 here-in-above or extended otherwise, in the presence

of Consultant or their authorized representatives who may choose to attend. In case

the day becomes holiday, the proposals will be opened at the same specified time on

next working day. Proposals received after due date and time will not be entertained.

Financial Proposal will be opened on a subsequent date for which an intimation will

be uploaded on e-mode to those Consultants who meet the minimum qualifying

requirements, evaluation criteria specified in Request for Proposal document and

whose proposal is found to be responsive to the bid document.

1.7.11 If consultant does not provide clarifications/ documents in relation to Proposal by the

date & time prescribed by SJVN, further evaluation shall be done based on available

data/information.

1.7.12 The successful Consultant shall be required to furnish performance security in

accordance with the provisions of RFP Document.

1.7.13 The Request for Proposal Document is not transferable and the cost of Request for

Proposal Document is not refundable under any circumstances.

1.7.14 Proposals other than e-tenders shall not be accepted.

1.7.15 SJVN does not bind themselves to accept the lowest proposal or any Proposal or to

give any reasons for their decision.

1.7.16 SJVN reserves the right to cancel/withdraw the Request for Proposal at any stage

without assigning any reason and shall bear no liability whatsoever consequent upon

such a decision.

1.7.17

1.7.18

SJVN reserves the right to extend the last date and time for submission/opening of

Technical and Financial Proposal or any other key dates of this RFP Document.

Purchase preference applicable as per Govt. of India policies and guideline from time

to time shall be given.

1.7.19 For any enquiry/clarification for registration, submission of proposal and any other

information, the Consultant may contact to the following person:


Sr.AGM (Civil Contracts)



Shimla-171006, (H.P.)India.

Telephone No. +91-177-2660167,


1.7.20 All correspondence with regard to the above shall be made at the following address :

Chief General Manager/HOD(Civil Contracts)



Shimla-171006, (H.P.)India.

Telephone No. +91-177-2660161

Fax: +91-177-2660164


This Detailed Notice Inviting Proposal shall form part of the Contract

Document.



SECTION-2

INSTRUCTIONS TO CONSULTANTS


SECTION - 2

INSTRUCTIONS TO CONSULTANTS

CONTENTS

Clause

No.

Description Page No.

2.1.0 Introduction 22

2.1.1 Definitions 22

2.1.2 Enquiry 22

2.1.3 Proposal 22

2.1.4 Local conditions 22

2.1.5 Input to Consultants 23

2.1.6 Responsibility of Consultants 23

2.1.7 Conflict of Interest 23

2.1.8 Fraud and Corruption 24

2.1.9 Awareness of Consultants 25

2.1.10 Declaration by Consultants 25

2.1.11 One Proposal 25

2.1.12 Proposal Validity 25

2.1.13 Integrity Pact 25

2.2.0 Clarification and Amendment of RFP Documents 26

2.2.3 Pre-Bid Meeting 26

2.3.0 Preparation of Proposals 27

2.3.1 Language 27

2.3.2 Information to the Consultants 27

2.3.3 Qualifying Requirement 27

2.3.4 Technical Proposal Format and Content 29

2.3.5 Non responsiveness of Technical Proposal 30

2.3.6 Financial Proposals 30

2.3.7 Taxes 30

2.3.8 Non responsiveness of Financial Proposal 31

2.3.9 Price Bid 31

2.3.10 Bid Security 31

2.3.11 Payment of Bid Security 32

2.3.12 Non responsiveness of Proposal 32

2.3.13 Bid Security of unsuccessful Consultants 32

2.3.14 Discharge of Bid Security of successful Consultant 32

2.3.15 Interest on Bid Security 32

SJVN Ltd.

Section-2 Instructions to Consultants Environment Clearance of JTP HE Project


2.3.16 Forfeiture of Bid Security 32

2.4.0 Submission, Receipt, and Opening of Proposals 33

2.4.1-2.4.4 Submission and receipt of Proposals 33-34

2.4.5 Opening of Proposals 34

2.5.0 Proposal Evaluation 35

2.5.1 Rejection of the Consultants’ Proposal & Clarifications on the

Technical Proposal

35

2.5.2 Evaluationof Technical Proposals 35

2.5.3 Intimation to Technically Responsive Consultant 36

2.5.4 Public Opening of Financial Proposals 36

2.5.5-2.5.6 Evaluation of Financial Proposals 36

2.6.0 Pre-Award Discussions 37

2.6.1 Pre-Award Discussions 37

2.6.2 Technical discussions 37

2.6.3 Availability of Professional staff/experts 37

2.6.4 Conclusion of the Pre-Award discussions 38

2.7.0 Award of Contract & Signing of Contract Agreement 38

2.7.1 Award of Contract & Contract Agreement 38

2.7.2 Commencement of Assignment 38

2.7.3 Work schedule 38

2.8.0 Performance security 39

2.8.1 Amount of Performance Security 39

2.8.2 Bank Guarantee against Performance Security 39

2.8.3 Deleted 39

2.8.4 Validity of Performance Security 39

2.8.5 Coverage of Performance Security 39

2.8.6 Discharge of Performance Security 39

2.8.7 Termination of Contract 39

2.8.8 Extension of BG of Performance Security 39

2.8.9 Forfeiture of Performance Security 40

2.9.0 Confidentiality 40

2.10.0 Special Terms & Conditions 40-41

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Section 2- Instructions to Consultants

2.1.0 Introduction

2.1.1 Definitions

(a) “Client” means SJVN Limited having its registered office at Shanan, Shimla-171006

(H.P.), India and includes its legal representative, successor and assigns.

(b) “Consultant” means any single entity (i.e. legal representative, successor, assigns) that

may provide or provides the Services to the Client under the Contract.

(c) “Contract” means the Contract signed by the Parties and all the attached documents

listed in Part-I of Section-6 (Form of Contract) that is the General Conditions of

Contract (GCC), the Special Conditions of Contract (SCC), and Appendices etc.

(d) “Day” means calendar day.

(e) “Government” means the Government of India & Government of Himachal Pradesh as

the case may be.

(f) “Instructions to Consultants” (Section 2 of the RFP) means the document which

provides Consultants with all information needed to prepare their Proposals.

(g) “Proposal” means the Technical Proposal and the Financial Proposal or Bid.

(h) “RFP” means the Request For Proposal prepared by the Client for the selection of

Consultants.

(i) “Services” means the work to be performed by the Consultant pursuant to the Contract.

(j) “Sub-Consultant” means any person or entity with which the Consultant subcontracts

any part of the Services.

(k) “Standard Terms of Reference” means the document included in the RFP as Section 5.

(l) EIA, EMP means Environment Impact Assessment & Environment Management Plan

respectively.

2.1.2 Enquiry: The Client will select a Consultant through open tender enquiry in

accordance with the method of selection specified in the Section-2.

2.1.3 Proposal: The Consultants are invited to submit a Technical Proposal and a Financial

Proposal. The Proposal will be the basis for technical discussions, if required and

ultimately for a signed Contract with the selected Consultant.

2.1.4 Local conditions: Consultants should familiarize themselves with local conditions

and take them into account in preparing their Proposals. To obtain first-hand

information on the assignment and local conditions, Consultants are encouraged to

visit the Site before submitting a proposal. Consultants should contact the following

or his authorised representative for site specific information and site visit enquiry.

SJVN Ltd.



Contact Details:

Head of Project-Jangi-Thopan -Powari Hydro-Electric Project,

SJVN Limited, Reckong Peo,

District – Kinnaur-172107 (H.P.).

Ph. No.-+91-1782222615

E-mail:[email protected]

2.1.5 No input, services or facilities shall be provided by the Client (SJVN) to the

Consultant during the preparation of bid except mentioned in Appendix-E.

2.1.6 Responsibility of Consultants: Consultants shall bear all costs associated with the

preparation and submission of their proposals and contract discussion, site visits etc.

The Client is not bound to accept any proposal, and reserves the right to annul the

selection process at any time prior to Contract award, without thereby incurring any

liability to the Consultants.

2.1.7 Conflict of Interest: The Consultant is required to provide professional, objective,

and impartial advice, at all times hold the Client’s interests Paramount, strictly avoid

conflicts with other assignments or its own corporate interests and act without any

consideration for future work.

2.1.7.1 Without limitation on the generality of the foregoing, Consultants, and any of their

affiliates, shall be considered to have a conflict of interest and shall not be recruited,

under any of the circumstances set forth below:

(i) Conflicting assignments: neither Consultant (including its Personnel and Sub-

Consultants) nor any of its affiliates shall be hired for any assignment that, by its

nature, may be in conflict with another assignment.

(ii) Conflicting relationships: A Consultant (including its Personnel and Sub-

Consultants) that has a business or family relationship with a member of the

Client’s staff who is directly or indirectly involved in any part of (a) the

preparation of the Terms of Reference of the assignment, (b) the selection

process for such assignment, or (c) supervision of the Contract, may not be

awarded a Contract, unless the conflict stemming from this relationship has been

resolved in a manner acceptable to the Client throughout the selection process

and the execution of the Contract. Family relationship hereby means all those

persons who are covered under definition of relative as per sub-section (77) of

section 2 of Companies Act 2013 read with Rule 4 of Companies Rules, 2014.

2.1.7.2 Consultants have an obligation to disclose any situation of actual or potential conflict

that impacts their capacity to serve the best interest of their Client, or that may

reasonably be perceived as having this effect. Failure to disclose said situations may


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lead to the disqualification of the Consultant or the termination of its Contract.

2.1.7.3 No agency or current employees of the Client shall work as Consultants under their

own ministries, departments or agencies. When the Consultant nominates any

government employee as Personnel in their technical proposal, such Personnel must

have written certification/ permission from their government or employer confirming

that they are on leave without pay from their official position and allowed to work

full-time outside of their previous official position. Such certification/ permission

shall be provided to the Client by the Consultant as part of his technical proposal. The

Consultant either at the tendering stage or during execution stage will not employ any

retired employee of the Client in any capacity unless such employee has completed at

least one year post retirement period or has obtained the no-objection certificate from

the Client for being employed with the Consultant. It will be the responsibility of the

Consultant to collect the Client’s no objection certification from such retired

employee and submit the same back to the Client as part of their Technical Proposal.

Former government employees of the Client shall be allowed to work as Consultants

for their former ministries, departments or agencies, provided no conflict of interest

exists.

2.1.8 Fraud and Corruption: The client requires that the Consultants under this contract

observe the highest standard of ethics during the selection process and execution of a

contract. In pursuance of this policy, the Client:

a) Shall reject the Proposal of a consultant including the Selected Consultant if he

determines that the Consultant has engaged in corrupt1 or fraudulent2 or collusive3

or coercive4, or undesirable5 or restrictive practices6 in competing for the award of

Contract in question.

b) shall declare a Consultant ineligible, either indefinitely or for a stated period of

time, from participation in any Tender or bidding process or for award of a

contract/contracts or continuing with it after award if it, at any time, determines

that the Consultant has engaged in “corrupt or “fraudulent” or “collusive” or

“coercive” or “undesirable” or “restrictive” practices in competing for, or in

participating the bidding process or in executing, the contract.

For the purpose of this RFP Document

1 “Corrupt Practice” means the offering, giving, receiving or soliciting of

anything of value to influence the action of a public official in the bidding

process or in contract execution;

2 “Fraudulent Practice” means a misrepresentation or omission of facts in order

to influence a bidding process or the execution of a contract to the detriment

of the Client, and includes collusive practice among Consultants (prior to or

after proposal submission) designed to establish bid prices at artificial non-

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competitive levels and to deprive the Client of the benefits of free and open

competition;

3 “Collusive Practice” means a scheme or arrangement between two or more

Consultants, with or without the knowledge of the client, designed to

establish bid price at artificial, non-competitive levels;

4 “Coercive Practice” means harming or threatening to harm, directly or

indirectly, person or their property to influence their participation in the

tendering process or affect the execution of a contract.

5 “Undesirable Practice” means establishing contact with any person connected

with or employed by the Authority with the objective of canvassing,

lobbying or in any manner influencing or attempting to influence the Bidding

Process; and

6 “Restrictive Practice” means forming a cartel or arriving at any understanding

or arrangement among Consultants with the objective of restricting or

manipulating a full and fair competition in the Bidding Process.

2.1.9 Awareness of Consultants: The Consultants should be aware of the provisions on

fraud and corruption stated in the specific clauses in the General Conditions of

Contract.

2.1.10 Declaration by Consultants: Consultants shall furnish declaration that no

commissions and gratuities have been paid or are to be paid by them to any agent(s)

relating to this proposal and contract execution as requested in the Financial Proposal

submission form (Section 4).

2.1.11 One Proposal: Consultants may only submit one proposal.

2.1.12 Proposal Validity: Proposals must remain valid for 180 days after the last date fixed

for submission of proposals (including extension if any).

2.1.13 Integrity Pact: To improve transparency and fairness in the tendering process the

Client is implementing Integrity Pact.

The Integrity Pact, signed by all the prospective Bidders and the Client, shall commit

the persons/officials of both the parties, not to exercise any corrupt

/fraudulent/collusive/coercive practices in the Tendering process and also during

implementation of the Contract. Only those Bidders who have entered into Integrity

Pact with the Client shall be eligible to participate in the bidding process. Bidders

signing Integrity Pact shall not approach the Courts while representing the matters to

IEMs (which have been appointed by CVC) and will await their decision in the matter.

Entering into Integrity Pact as per Performa (enclosed under Appendix-H, Section-6

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of the RFP Document) is a basic qualifying requirement.

To oversee the compliance of obligation under the Integrity Pact, two Independent

External Monitor(s) (IEMs) have been appointed. The details of IEMs is as under:-

1. Sh. Jai Pal Singh

2. Sh. Shitala Prasad Srivastava.

The address of correspondence with IEMs is as under:

Independent External Monitors for SJVN,

C/o Corporate Civil Contracts Department,

Shakti Sadan, 2nd Floor, SJVN Ltd.

SJVN Corporate Office Complex,

Shanan, Shimla-171006

The Integrity Pact duly signed on behalf of the Client has been uploaded under

Appendix-H of this Tender Document. The Integrity Pact shall be downloaded,

printed & signed by the bidder and the hard copy shall be submitted as per Clause

2.4.3 of ITC, RFP document.

The successful bidder shall submit duly executed Integrity Pact on Non-Judicial stamp

paper of appropriate value prior to signing of Contract Agreement.

2.2.0 Clarification and Amendment of RFP Documents

2.2.1 Consultants may request a clarification of any part of the RFP document. The last date

for receipt of clarifications from Consultants on RFP document is mentioned at

Clause1.2.0 of Section-I. Any request for clarification must be sent in writing to the

Client’s address or email to the Client. The Client will respond (including an

explanation of the query but without identifying the source of inquiry) through

Corrigendum/Addendum. Should the Client deem it necessary to amend the RFP as a

result of a clarification or any other reasons it shall do so following the procedure

specified here-in-under Sub-Clause 2.2.2.

However, Client reserves the right to respond to the queries after cut off date as

mentioned above.

2.2.2 The RFP document shall be available on website https://sjvn.abcprocure.comonly. At

any time before the submission of proposals, SJVN may modify/ amend the Request

for Proposal document and extend the last date of submission/opening of the proposal

and any other key dates by issuing a corrigendum/addendum and such

corrigendum/addendum to this notice as well as to the RFP document shall be

available only on following websites:


SJVN Ltd.



A www.sjvn.nic.in



As such the Consultants are advised to visit the above websites regularly before

deadline for submission of Proposal.

Any Corrigendum /Addendum thus issued shall form part of Request for proposal

document.

To give the Consultant reasonable time to take an amendment into account in their

proposals and on account of any other reasonable circumstances, SJVN may at its

discretion, extend the deadline for the submission/opening of the proposals.

2.2.3 PRE-BID Meeting

a In order to avoid clarification/confirmation after opening of Proposals, wherever

specifically mentioned in Notice Inviting Proposal, Pre-bid Meeting shall be held so

as to provide an opportunity to the participating Consultants to interact with Client

with regard to various RFP Document provisions/ specifications, before the

Proposals are submitted. In case, due to the points /doubts raised by the prospective

Consultants, any specific term & condition (which is not a part of “Standard terms

and conditions of RFP Document”) needs to be modified, then the same will be

considered for modification.

b After pre-bid meeting, the specifications & other tender conditions will be frozen.

No change in specifications and RFP Document conditions will be permissible after

bid opening. All the Consultants must ensure that their proposal is complete in all

respects and conforms to RFP Document terms and conditions, failing which their

proposals are liable to be rejected without seeking any clarifications on any

exception/deviation taken by the Consultant in their proposal.

2.3.0 Preparation of Proposals

2.3.1 Language: The Proposal (see Sub-Clause 2.1.3), as well as all related

correspondence exchanged by the Consultants and the Client and contract to be

signed with the winning Consultant, shall be written in the English language.

2.3.2 Information to the Consultants: In preparing their Proposal, Consultants are

expected to examine in detail the documents comprising the RFP. Material

deficiencies in providing the information requested may result in rejection of a

Proposal.

2.3.3 Proposals from those consultants who have not paid the Tender fee shall not be




SJVN Ltd.



considered. However, Small Scale Units registered with the National Small

Industries Corporation (NSIC) under their single point Registration Scheme of the

stores /work are exempted from furnishing the cost of tender document fees and bid

security deposit. Further, Micro and Small Enterprises (MSEs) as defined in MSE

Procurement Policy issued by Department of Micro, Small and Medium Enterprises

(MSME) or registered with Central Purchase Organization or the concerned ministry

or department are also exempted from furnishing the cost of tender document fees or

bid security. They should furnish an attested scanned copy (by authorized

representative) of the valid registration NSIC/MSME Certificate /Udyog Aadhaar

Memorandum number. No other bidder is exempted from furnishing cost of tender

fee and bid security as mentioned above. Waive off of cost of RFP document and bid

security shall also be extended to any other body specified by Ministry of MSME

from time to time.

2.3.3.1 Qualifying Requirement: The consultant should meet the minimum qualifying

requirements as specified in Clause 1.6.2 of Section -1 (Detailed Notice Inviting

Proposal) for Jangi-Thopan-Powari HEP (780 MW)

2.3.3.2 Deleted without change in Sr. No.

2.3.3.3 Preparation of EIA/EMP Reports- Engagement of Experts

For this assignment, the minimum qualification and experience of each expert shall

be as per the criteria given in ‘QCI-NABET Scheme for Accreditation of EIA

Consultant Organizations’. The Consultant shall engage/associate adequate number

of core and significant functional area experts as per sector specific requirements for

River Valley Projects under QCI-NABET Scheme, alongwith the name and CV’s of

those experts.

However, the Proposal shall be based on the number of Experts staff man-months

estimated by the Consultants. Client will not be liable for additional cost

compensation in case bid proposal is based on inadequate or under-estimated staff

months.

Alternative professional staff shall not be proposed, and only one curriculum vitate

(CV) may be submitted for each position.

In addition to the routine visits/meetings required for the works/services, the Group

Leader /EIA Coordinator along with other experts if required shall attend the meeting

at the client’s discretion depending upon the requirement, at the place proposed by

the client for minimum two times during pendency of the contract and cost

whatsoever on this account shall be deemed to be included in the financial proposal.

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Each visit of the experts shall be considered to be of six days duration including

journey period.

Documents to be issued by the Consultants as part of this assignment must be in the

English language. It is desirable that the firm’s Personnel have a working knowledge

of the Client’s National language.

2.3.4 Technical Proposal Format and Content: Consultants are required to submit a Full

Technical Proposal (FTP). The Consultant shall submit the Technical Proposal in

accordance with the formats given in Section-3 of RFP document. The Technical

Proposal shall provide the information indicated in the following Para from (a) to (f)

using the attached Standard Forms (Section 3) A page is considered to be one printed

side of A4 or letter size paper.

(a) A brief description of the Consultants’ organization is required in Form TECH-

3.2of Section 3. For each assignment, the outline should indicate the names of

Sub-Consultants/ ‘Expert(s)’who participated, duration of the assignment,

contract amount, and Consultant’s involvement. Information should be provided

only for those assignments for which the Consultant was legally contracted by

his Client as a single entity. Assignments completed by individual Professional

staff working privately or through other consulting firms cannot be claimed as

the experience of the Consultant, or that of the Consultant’s associates, but can

be claimed by the Professional staff themselves in their CVs. Consultants should

be prepared to substantiate the claimed experience if so requested by the Client.

(b) A description of the approach, methodology and work plan for performing the

assignment covering the following subjects: technical approach and

methodology, work plan, and organization & staffing schedule. Guidance on the

content of this section of the Technical Proposals is provided under Form

TECH-3.4 of Section 3. The work plan should be consistent with the Work

Schedule (Form TECH-3.8 of Section 3) which will show in the form of a bar

chart the timing proposed for each activity. The number of pages recommended

for description of Methodology, approach & work plan would be in the range of

20 to 30.

( c ) The Consultant shall give the list of the proposed Experts staff team by their area

of expertise, the position that would be assigned to each staff team member, and

their tasks in Form TECH-3.5 of Section 3.

(d) The Consultant shall give the CVs of the Experts to be engaged for this

assignment in Form TECH-3.6 of Section 3.

(e) Estimates of the staff input needed to carry out the assignment (Form TECH-

3.7 of Section 3). The staff-months input should be indicated separately for

home office and field activities.

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(f) Consultant’s methodology to train and transfer the knowledge and training to

Client for operating/use of Software required in various studies stipulated above

for hydro power projects by the client or approving authority/statutory

authority.

2.3.5 Non responsiveness of Technical Proposal: The Technical Proposal shall not include

any financial information. A Technical Proposal containing financial information may

be declared non-responsive.

2.3.6 Financial Proposals:

(a) The Financial Proposal shall be prepared using the attached Standard Forms (Section

4) and Terms of Reference in Section-5 and other terms and conditions of the RFP

document.

(b) CHARGES FOR ADDITIONAL STUDIES

The lump sum price mentioned shall as per the scope of Services/Work specified in

clause 1.4.0 which include the cost of carrying out all studies that may get introduced

during the scoping clearance and Environment Clearance Process.

(c) The Consultant shall submit the financial proposal in FIN 4.2 on Lump Sum cost

covering all items in terms of RFP document inclusive of all taxes, duties and other

imposition etc. as applicable. Further, the Consultant shall submit the details of all

taxes, duties and other imposition as applicable in FIN 4.3 included in Lump Sum

Cost (FIN 4.2).

2.3.7 Taxes:

(a) All applicable taxes, income tax, duties, fees, levies, Goods & Services Tax

(GST) and other imposition etc. in connection with the execution of the contract

levied by the Govt. of India/ HP Govt. or any other local authorities on the

Consultant in accordance with the applicable law shall be borne by the

Consultant and are deemed to be included in their bid price. The Consultants

shall note that the Tax Deduction at Source (TDS) in India as per applicable law

shall be made from the payments due to the Consultants and that shall not be

reimbursed. Statutory variation in taxes and duties or levy of any new tax after

28 days prior to deadline for submission of bid will be adjusted/reimbursed

against production of documentary evidence.

(b) All taxes and duties arising outside India in connection with execution of this

contract shall be borne by Consultants if any.

(c) Any income tax, applicable on Expatriate income in client’s country (India) as per

applicable law should be included in the bid price which will not be

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reimbursable. However, proof of IT/statutory clearances in respect of Expatriate

will have to be submitted by the Consultant before raising of final bill under the

contract.

(2) The Consultant, Sub-Consultants and Personnel, and their eligible dependents,

shall follow the usual customs procedures of the Client’s country (India) in

importing property into the Client’s country(India); and

(3) If the Consultant, Sub-Consultants or Personnel, or their eligible dependents, do

not withdraw but dispose of any property in the Client’s country upon which

customs duties and taxes have been exempted or paid by the client, the

Consultant, Sub-Consultants or Personnel, as the case may be, (i) shall bear such

customs duties and taxes in conformity with the regulations of the country, or (ii)

shall reimburse them to the Client if they were paid by the Client at the time the

property in question was brought into the Client’s country.

Further, in order to comply with the necessary formalities under GST while

making payments computations of tax, invoicing, filing of returns etc. under

'Notification No.10/2017, Chapter VI, 46, Tax Invoice', invoice for goods and

services to contain following particulars namely:

(a) Name, address and GSTIN of the supplier

(b) Specific Invoice Number format

(c) Name and address of recipient

(d)Address of delivery

(e)HSN code of goods and SAC for services

(f) Description and quantity of the goods/services

(g) Value of the goods/Services

(h) Rate and amount of tax

(i) Other prescribed information

2.3.8 Non responsiveness of Financial Proposal: The Financial Proposal shall not include

any commercial or technical condition/information. A Financial proposal containing

commercial or technical condition/information may be declared non-responsive.

2.3.9 Price Bid: Bid/contract price shall remain firm and shall not be subjected to price

variation for the entire contract period.

2.3.10 Bid Security: The Consultant shall furnish, as part of his proposal, a Bid Security for

an amount of INR 60,180/-(Rs. Sixty thousand one hundred and eighty only)

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Small Scale Units registered with the National Small Industries Corporation (NSIC)

under their single point Registration Scheme of the stores /work are exempted from

furnishing the cost of tender document fees and bid security deposit. Further, Micro

and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by

Department of Micro, Small and Medium Enterprises (MSME) or registered with

Central Purchase Organization or the concerned ministry or department are also

exempted from furnishing the cost of tender document fees or bid security. They

should furnish an attested scanned copy (by authorized representative) of the valid

registration NSIC/MSME Certificate /Udyog Aadhaar Memorandum number. No

other bidder is exempted from furnishing cost of tender fee and bid security as

mentioned above. Waive off of cost of RFP document and bid security shall also be

extended to any other body specified by Ministry of MSME from time to time.

2.3.11 Payment of Bid Security: The Bid Security shall be paid Online through Credit

card/Debit card/net banking or otherwise as described under Sub-Clause 1.3.5 of

Section-I.

2.3.12 Non-responsiveness of Proposal: Any proposal not accompanied with a bid security

will be rejected by Client as non-responsive and shall not be considered.

2.3.13 Bid Security of unsuccessful Consultants: The Earnest Money of unsuccessful

Consultants will be returned as below:

(a) The Earnest Money of those Consultants, who do not qualify in Techno-commercial

evaluation shall be returned immediately (not later than 15 days) after opening the

price Bid of Techno-Commercial responsive bidders.

(b) The Earnest Money of the Consultants other than L-1 bidder, shall be returned within

28 days of issuance of Letter of Acceptance to the successful Consultant.

2.3.14 Discharge of Bid Security of successful consultant: The bid security of the

successful Consultant will be discharged when the Consultant has furnished the

required acceptable performance security and has signed the Contract Agreement.

2.3.15 Interest on Bid Security: No interest shall be paid by the Client on the Bid Security.

2.3.16 Forfeiture of Bid Security: The bid security may be forfeited:

i) if a Consultant withdraws the bid after bid opening and during the period of bid

validity or fails to confirm the availability of all experts as required in terms of Sub-

Clause ITC2.6.3under Section-2;

ii) in the case of a successful Consultant; if the Consultant fails within the specified time

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limit to:

a) sign the Agreement, or

b) furnish the required performance security, or

iii) if the Consultant engages in corrupt, fraudulent, collusive, coercive undesirable or

restrictive practices as specified in Sub-Clause 2.1.8 of ITC during bidding process.

Bid Security will be forfeited against GST invoice raised on the bidder consisting of

the basic amount forfeited under the relevant service Accounting code (SAC) and

applicable GST thereon separately.

2.4.0 Submission, Receipt, and Opening of Proposals

2.4.1 Submission and receipt of Proposals: The original proposal (Technical and Financial

Proposal in e-mode) shall contain no interlineations or overwriting, except as

necessary to correct errors made by the Consultants themselves. The person who

signed the proposal must initial such corrections. Submission letter for the Technical

and Financial Proposals in the formats enclosed in SECTION – 3 & 4 of RFP

document respectively should be uploaded on our website

https://sjvn.abcprocure.com.

2.4.2 An authorized representative of the Consultantshall fill and digitally sign the

Technical & Financial Proposal. The authorization shall be in the form of power of

attorney accompanying the Proposal.

Duly Notarized Power of Attorney must be supported with necessary documentary

evidence of the person/authority giving power of attorney like Partnership Deed,

Board Resolution, Memorandum & Articles of Association etc. indicating that the

person/authority issuing POA is authorized to issue such POA.

2.4.3 The bid proposal shall consist of following:

Technical Proposal (excludes financial proposal) (To be submitted through E-

mode only) comprising:

i) Forms TECH-3.1 to TECH-3.8 contained in SECTION-3 of RFP document.

ii) Scanned copy of Valid NSIC/MSME Certificate /Udyog Aadhaar

Memorandum number (if applicable).

iii) Self-attested document regarding legal status of the agency, place of registration

and principal place of business.


SJVN Ltd.



iv) Undertaking in respect of blacklisting of Consultant in accordance with Annexure

‘A’ of Integrity Pact specified under Appendix-H of Section-6.

v) Valid accreditation for conducting EIA/EMP studies in respect of category ‘A’

River Valley /Hydro Electric Projects from Quality Council of India(QCI) –

National Accreditation Board for Education and Training (NABET) under the

scheme for accreditation of EIA consultant organization.

vi) Proof of registration with Quality Council of India (QCI)/ NABET under the

scheme of Accreditation & Registration of MoEF & CC and name shall appear in

the latest list uploaded on website of MoEF & CC.

vii) Scanned copy of Power of Attorney.

viii) Scanned copy of Integrity Pact duly signed by authorized representative of the

Consultant.

.

Financial Proposal (To be submitted through E-mode only)

Consultant has to upload the financial proposal/bid which comprises of financial

proposal forms FIN-4.1 to FIN-4.3contained in SECTION-4 of RFP document

through E-tender mode.

Submission of Document in Physical Form

The Consultant shall submit the Technical and financial proposal through e-mode.

However, the Consultant shall also submit the scanned copies of the following

documents along with technical bid through e-mode. The original of the same shall

have to be submitted on or before the specified date and time mentioned at Clause

1.2.0 of Detailed Notice Inviting Proposal in a sealed envelope through post / courier

or by hand.

I. Power of Attorney

A Power of Attorney indicating that the person(s) signing the Bid has the authority to

sign the Bid supported with necessary documentary evidence of the person/authority

giving power of attorney like Partnership Deed, Board Resolution, Memorandum &

Articles of Association etc. indicating that the person/authority issuing POA is

authorized to issue such POA and that the Bid is binding upon the Bidder during the

full period of its validity in accordance with Form Appendix-I of Section-6.

II. Copy of Valid NSIC/MSME Certificate /Udyog Aadhaar Memorandum

number (if applicable).

III. Integrity Pact duly signed by authorized representative of the Consultant.

Failing which the financial proposal will not be opened.

SJVN Ltd.



2.4.4 The listed documents in physical form should be submitted to:

Chief General Manager/HOD(Civil Contracts)

Corporate Contracts Department (Civil)

SJVN Corporate Office Complex, Shanan, Shimla-171006 (H.P)

Telephone No. +91-177-2660161

Fax: +91-177-26660164


Proposals (Technical & Financial through E-mode and the listed documents in

physical form) must be uploaded/ submitted not later than the date and time mentioned

under Clause1.2.0 of Section-1.

Technical Proposal on e-mode shall be opened at the date and time mentioned under

Clause1.2.0 of Section-1.

Date and time for opening of Financial Proposal shall be intimated separately.

2.4.5 The Client shall open the Technical Proposal on e-mode in accordance with deadline

for opening of Proposals. The Financial Proposal shall remain securely stored in the

E-tendering system.

2.5.0 Proposal Evaluation

2.5.1 Rejection of the Consultants’ Proposal & Clarifications on the Technical

Proposal: From the time the Proposals are opened to the time the Contract is

awarded, the Consultants should not contact the Client on any matter related to its

Technical and/or Financial Proposal. Any effort by Consultants to influence the Client

in the examination, evaluation, ranking of Proposals, and recommendation for award

of Contract may result in the rejection of the Consultants’ Proposal.

If required, the client may seek the clarifications on the Technical Proposal of the

Applicants. However, the same shall not affect the conditions mentioned in Sub-

Clause 2.5.6 of ITC. If the clarifications by the client are not received in stipulated

period then the evaluation shall be carried out on the basis of data already available

with the Client.

Evaluators of Technical Proposals shall have no access to the Financial Proposals

until the technical evaluation is concluded.

2.5.2 Evaluation of Technical Proposals: While evaluating the proposals, the evaluation

committee comprising of three/four senior executives of the client, shall evaluate the

proposal.

Evaluation of the Qualifying Requirements/ Responsiveness of the Proposal - initially


SJVN Ltd.



it shall be seen whether the Consultant fulfills the following requirements or not

a) The bid proposal is accompanied by the requisite Cost of RFP document &

Earnest Money Deposit (EMD)/ Bid Security in accordance (xii and xiii) of

Section-1 and Sub-Clause 2.3.10 to2.3.16 of ITC respectively.

b) The proposal has been properly signed by an authorized signatory holding

legally enforceable Power of Attorney (i.e., duly notarized) in his favour in

accordance with provisions of RFP document.

c) The requirements as stipulated in Clause 1.6.0, Section -1 and Sub-Clause

2.3.3 and 2.3.3.1of ITC.

d) Undertaking in respect of blacklisting of Consultants/firms in accordance with

Appendix –H of Section-6.

The proposal shall be rejected and declared non-responsive at this stage itself if it

does not fulfill the above requirements.

2.5.3 Intimation to Technically Responsive Consultant:

After the process of technical evaluation is completed, the Client shall notify those

Consultant(s)whose technical proposals are found responsive to the RFP & TOR on

following websites:-

A www.sjvn.nic.in



2.5.4 Public Opening of Financial Proposals: The Financial Proposal as received on E-

mode in respect of the Technically Responsive Consultant, shall be opened on E-

mode and the total prices read aloud and recorded. The Financial Proposals shall be

opened in the presence of the Consultant representatives who choose to attend.

2.5.5 Evaluation of Financial Proposals: Proposals determined to be responsive will be

checked by the Evaluation committee.

The activities and items described in the Technical Proposal but not priced, shall be

assumed to be included in the prices of other activities or items.

2.5.6 A substantially responsive Proposal is the one that meets the requirements of the RFP

document including time for completion, without material deviation or reservation or

omission. A material deviation or reservation or omission is the one which (a) affects

in any substantial way the scope, quality or performance of the Works specified in

the Contract, or (b) limits in any substantial way, inconsistent with the RFP

Document, the client’s rights or the Consultant’s obligations under the Contract, or




SJVN Ltd.



(c) whose rectification would unfairly affect the competitive position of other

Consultants presenting substantially responsive Proposals.

During the evaluation of Proposals, the following definitions apply :

a) “Deviation” is a departure from the requirements specified in the RFP Document;

b)“Reservation” is the setting of limiting conditions or withholding from complete

acceptance of the requirements specified in the RFP Document; and

c)“Omission” is the failure to submit part or all of the information or documentation

required in the RFP Document.

If a Proposal is not substantially responsive, it will be rejected by the Client, and may

not subsequently be made responsive by correction, alteration, modification,

substitution or withdrawal of the non-conforming deviation, condition, qualification,

or reservation.

The Client may waive any minor non-conformity or irregularity in a proposal that

does not constitute a material deviation and that does not prejudice or affect relative

ranking of any bidder.

2.6.0 Pre-Award Discussions

2.6.1 Pre-Award Discussions: Pre-Award discussions on the proposal, if required may be

held at the date and address to be notified by the client. The invited Consultant will,

as a pre-requisite for attendance at the discussions, confirm availability of all

‘Expert(s)’Failure in satisfying such requirements may result in disqualification of the

Consultant Client shall proceed to forfeit the Earnest Money Deposit (EMD) in terms

of Sub-Clause ITC2.3.16 under Section-2. Representatives conducting discussions on

behalf of the Consultant must have written authority to discuss and conclude a

Contract.

2.6.2 The Proposal: Pre-award discussions will include a discussion of the Proposal, the

proposed technical approach and methodology, work plan, and organization and

staffing. The Client and the Consultants will finalize the staffing schedule, work

schedule, logistics, and reporting. These documents will then be incorporated in the

Contract as “Description of Services” & “Reporting Requirements”. Special attention

will be paid to clearly defining the inputs and facilities required from the Client to

ensure satisfactory implementation of the assignment. The Client shall prepare

minutes of discussions which will be signed by the Client and the Consultant.

2.6.3 Availability of ‘Expert(s):

(a) Having selected the Consultant on the basis of, among other things, an evaluation

of proposed Expert(s), the Client expects to discuss a Contract on the basis of the

Expert(s)named in the Proposal. Before contract discussions, the Client will

require assurances that theExpert(s)will be actually available. The Client will not

SJVN Ltd.



consider substitutions during contract discussions unless both parties agree that

undue delay in the selection process makes such substitution unavoidable or for

reasons such as death or medical incapacity. If this is not the case and if it is

established that Expert(s)were offered in the proposal without confirming their

availability, the Consultant may be disqualified and the client may proceed to

forfeit the Earnest Money Deposit (EMD) in terms of Sub-Clause ITC2.3.16

under Section-2. Any proposed substitute shall have equivalent or better

qualifications and experience than the original candidate.

(b) The Consultant shall ensure the visits of ‘Expert(s)as per man months indicated by

them in the Field in Tech-3.7, Section-3 of RFP document. The Consultant shall

obtain certificate from EIC for his ‘Expert(s)who visits the field so that Lump-

sum payments in terms ofSub-Clause6.6.1, Section 6 (II), General Conditions of

Contract in RFP document can be regulated.

2.6.4 Conclusion of the Pre-Award Discussions: Pre-award discussions will conclude with

a review of the draft Contract. To complete Pre-award discussions the Client and the

Consultant will initial the agreed Contract.

2.7.0 Award of Contract& Signing of Contract Agreement

2.7.1 Award of Contract & Contract Agreement: After completing discussions the

Client shall award the Contract to the selected Consultant and promptly notify on

SJVN’s website www.sjvn.nic.in, SJVN’s E-tender Portal

https://sjvn.abcprocure.com,and www.eprocure.gov.in. After notifying the successful

Consultant, Contract will be prepared incorporating all necessary documents which

may have a bearing on contract. The parties shall enter into Contract Agreement

within 14 days of notification issued by SJVN about the readiness of the agreement .

The contract agreement shall be based upon the form annexed in Section 6, Part I.

The cost of stamp duties and similar charges (if any) imposed by law in connection to

enter-into the Contract Agreement shall be borne by the Consultant. The Consultant

shall provide to the Client 10(Ten) of hard/spiral bound copies of the signed

agreement/documents as per the requirements and specifications of the Employer

without any extra cost to employer within 30 days of signing of the Contract

Agreement.

2.7.2 Commencement of Assignment: The Consultant is expected to commence the

assignment on the date and at the location notified by EIC.

2.7.3 Work schedule: The successful Consultant(s) for the purpose of execution of the

services, progress review and monitoring, shall submit, a detailed L-2 work schedule

and PERT network on PRIMAVERA indicating completion of all major activities in

accordance with the milestones indicated for completion of such activities in the RFP

Document for consideration and approval by the Client. This approved L-2 schedule /

network shall be pre-requisite for signing of the Contract Agreement and shall form

part of the Contract Agreement. Further the Consultant shall also submit L-3



SJVN Ltd.



schedule, which is the most detailed schedule depicting all activities involved for each

of the major milestones / activities involved in L-2 schedule in consultation with the

Client for approval by the Engineer-in-Charge at the site.

2.8.0 Performance security

2.8.1 Amount of Performance Security: The Consultant within 28 (Twenty Eight) days

from the date of issue of Letter of Award shall furnish a Performance Security of an

amount equal to 5% (Five) of the Contract Price in the form of a Bank Guarantee, as

stipulated by the Client in the Contract.

2.8.2 Bank Guarantee against Performance Security: The Bank Guarantee shall be issued

by any reputed Indian Nationalized/ Scheduled Bank in India /Foreign Bank to be

routed through Indian Bank in favour of the SJVN, Shimla. The Bank Guarantee shall

be on the enclosed proforma at Appendix-G of Section-6.

The original BG against Performance Security should be sent by the Bank to

SJVN Limited directly under Regd. Post (A.D.). However, in exceptional cases,

where the original BG against performance security is handed over to the

Consultant by the issuing bank/branch, the Consultant shall ensure that an un-

stamped duplicate copy of the BG against performance Security has been sent

immediately by the issuing bank/branch under Regd. Post (A.D.) directly to

SJVN Ltd.

2.8.3 DELETED without change in Sr. No.

2.8.4 Validity of Performance Security: The performance security shall remain valid for

period of 180 Days after completion period of contract.

2.8.5 Coverage of Performance Security: It is expressly understood and agreed that the

performance security is intended to secure the performance of entire contract. It is

also expressly understood and agreed that the performance security is not to be

construed to cover any damages detailed / stipulated in various clauses in the Contract

document.

2.8.6 Discharge of Performance Security: The performance security will be discharged by

SJVN and returned to the Consultants not later than 6 (six) months following the date

of completion of the Consultant’s obligations, under the contract.

2.8.7 Termination of Contract: If Bank Guarantee for Performance Security is not found as

per format, Appendix-G of Section-6 and/ or not amended as per requirement of

SJVN, then contract as entered-into with SJVN shall be liable for termination.

2.8.8 Extension of BG of Performance Security: Should the contract period, for whatever

reason be extended, the Consultant, shall at his own cost, get the validity period of

SJVN Ltd.



Bank Guarantee in respect of Performance Security furnished by him extended and

shall furnish the extended / revised Bank Guarantee to SJVN before the expiry date of

the Bank Guarantee originally furnished.

2.8.9 Forfeiture of Performance Security: In the event of forfeiture of Performance

Security, GST as per prevailing rates shall be charged extra on the Performance

security.

2.9.0 Confidentiality

2.9.1 Information relating to evaluation of Proposals and recommendations concerning

awards shall not be disclosed to the Consultants who have submitted the Proposals or

to other persons not officially concerned with the process, until the publication of the

award of Contract. The undue use by any Consultant of confidential information

related to the process may result in the rejection of its Proposal and may be subject to

the provisions of the Client’s anti- fraud and corruption policy.

2.10.0 Special Terms & Conditions

a) The EIA/EMP report should contain the information in accordance with provisions and stipulations as given in approved TOR.

b) Consultant shall fill application on the prescribed form online for TOR and shall present

the proposal before EAC at the time of issue of TOR/Scoping Clearance.

c) Further, consultant shall fill application on the prescribed form online for Environment

Clearance. SJVN will assist the consultant during the process. d) Consultant shall include a “Certificate” in EIA/EMP report regarding portion of

EIA/EMP prepared by them and data provided by other organization (s)/laboratories including status of approval of such laboratories.

e) The draft EIA/EMP report prepared as per the approved TOR should be submitted to the

State Pollution Control Board Committee concerned for conducting Public Consultation as per the provisions stipulated in EIA Notification of 2006. Public Hearing, which is a component of Public Consultation, shall be held district wise at the site or in its close proximity as prescribed in Appendix (IV) of EIA Notification, 2006. Copies of draft EIA/EMP reports are to be submitted to SPCB, etc. sufficiently before the expiry of the

TOR validity so that necessary amendments in EIA/EMP can be undertaken based on Public Hearing and the same is submitted to MoEF&CC before expiry of validity. Consultant to make presentation of finding/suggestion in EIA/EMP report during Public Hearing.

f) Subject experts on Biodiversity, Fisheries, Ornithology, Disaster Management Plan,

sociology, etc. along with the EIA coordinator at the end of consultant should be present to defend multidisciplinary queries from members of the EAC during EAC meetings.

SJVN Ltd.



g) All issues discussed in the Public hearing/consultations should be addressed and

incorporated in the EIA/EMP report by the consultant. Final EIA/EMP report should be submitted to the Ministry for Environment Clearance only after incorporating these issues before the expiry of validity of TOR.

h) The approved TOR remains valid for a period of 4 years from the date of its issue for

submission of EIA/EMP report along with public consultation. i) In case of any change in the scope of the project such a capacity enhancement, shifting of

dam site, change in submergence, etc. fresh Scoping Clearance has to be obtained by SJVN. Consultant to assist in the process for online application and filling up of the requisite forms provided by MoEF&CC.

j) Information pertaining to Corporate Environmental Responsibility and Environmental

Policy shall be provided in the EIA/EMP report as per MoEF&CC OM NO. J-11013/25/20-14-IA-I, August 11, 2014.

k) The EIA/EMP report must contain an index showing details of compliance of all TOR

conditions. The Index will comprise of page no., topic covered, etc., vide which compliance of a specific TOR is available. The Index should be in line with TOR obtained. It may be noted that without this index, EIA/EMP report will not be accepted by MoEF&CC.

l) In case the validity is to be extended, necessary application is to be submitted to

MoEF&CC before expiry of validity period along with duly filled-up form as prescribed

by MoEF&CC. Consultant to assist in the process. m) Consultant shall adhere to/comply with any newly introduced condition/requirement

imposed by MoEF&CC/EAC during the entire EC process. n) Period/time taken for providing information to consultant shall not be accounted for

evaluating LD (Liquidation Damages).


SECTION-3

TECHNICAL PROPOSAL –

STANDARD FORMS

SJVN Ltd.

Section-3 Technical Proposal

Environment Clearance of JTP HE Project


Section 3

Technical Proposal - Standard Forms

TECH-3.1 Technical Proposal Submission Form

TECH-3.2 Consultant’s Organization

TECH-3.3 Comments or Suggestions on the Terms of Reference and on Counterpart Staff and

Facilities to be provided by the Client (NOT APPLICABLE)

A On the Terms of Reference

B On the Counterpart Staff and Facilities

TECH-3.4 Description of the Approach, Methodology and Work Plan for Performing the

Assignment

TECH-3.5 Team Composition and Task Assignments

TECH-3.6 Curriculum Vitae (CV) for Proposed ‘Expert(s)

TECH-3.7 Staffing Schedule

TECH-3.8 Work Schedule

SJVN Ltd.




Form TECH-3.1

TECHNICAL PROPOSAL SUBMISSION FORM

{Insert Location, Date}

To:

Chief General Manager/HOD(Contracts)


SJVN Corporate Office Complex, Shanan, Shimla-171006, India.

Telephone No. +91-177-2660161

Fax: +91-177-2660164


Dear Sirs:

We, the undersigned, offer to provide the consulting services for {Insert title of assignment} in

accordance with your Request for Proposal dated {Insert Date} and our Proposal. We are hereby

submitting our Proposal, which includes this Technical Proposal and Financial Proposal through E-

Tendering.

We hereby declare that all the information and statements made in this Proposal are true and accept that

any misinterpretation contained in it may lead to our disqualification.

Our Technical Proposal shall be binding upon us subject to expiration of the validity period of the

Proposal as indicated in Sub-clause 2.1.12 of ITC.

We undertake, if our Proposal is accepted, to initiate the consulting services related to the assignment not

later than the date as perSub-Clause2.7.2 of ITC.

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Name and Title of Signatory:

Name of Firm:

Address:

Seal of the Firm__________________________________________


SJVN Ltd.




FORM TECH-3.2

CONSULTANT’S ORGANIZATION

{Provide here a brief (two pages) description of the background and organization of your

firm/entity for this assignment.}

SJVN Ltd.




Form 3.3

NOT APPLICABLE

SJVN Ltd.




FORM TECH -3.4

DESCRIPTION OF APPROACH, METHODOLOGY AND WORK PLAN FOR PERFORMING THE

ASSIGNMENT

[Technical approach, methodology and work plan are key components of the Technical

Proposal. You are suggested to present your Technical Proposal (20 to 30 pages, inclusive of

charts and diagrams) divided into the following three chapters for consultancy on prior

Environment Clearance including studies/investigation works:

a) Technical Approach and Methodology,

b) Work Plan, and

c) Organization and Staffing,

a) Technical Approach and Methodology. In this chapter you should explain your

understanding of the objectives of the assignment, approach to the services, methodology for

carrying out the activities and obtaining the expected output, and the degree of detail of such

output. You should highlight the problems being addressed and their importance, and explain the

technical approach you would adopt to address them. You should also explain the methodologies

you propose to adopt and highlight the compatibility of those methodologies with the proposed

approach.

b) Work Plan. In this chapter you should propose the main activities of the assignment, their

content and duration, phasing and interrelations, milestones (including interim approvals by the

Client), and delivery dates of the reports. The proposed work plan should be consistent with the

technical approach and methodology, showing understanding of the TOR and ability to translate

them into a feasible working plan. A list of the final documents, including reports, drawings, and

tables to be delivered as final output, should be included here. The work plan should be

consistent with the Work Schedule of Form TECH-3.8.

c) Organization and Staffing. In this chapter you should propose the structure and composition

of your team. You should list the main disciplines of the assignment, the key expert responsible,

and proposed specialist and support staff.]


FORM TECH-3.5

TEAM COMPOSITION AND TASK ASSIGNMENTS

For obtaining Environment Clearance of JTP HEP (780 MW)

Note: Experts here would mean EIA coordinators (EC) and functional area experts (FAE).

Name of Experts Firm Position Assigned Task Assigned


FORM TECH-3.6

CURRICULUM VITAE (CV) FOR PROPOSED ‘EXPERT(S)

1. Proposed Position [only one candidate shall be nominated for each position]:

2. Name of Firm [Insert name of firm proposing the staff]:

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

5. Education [Indicate college/university and other specialized education of staff member, giving names of institutions, degrees obtained, and the year of

qualification]:

6. Membership of Professional Associations:

7. Specific Training [Indicate significant training since degrees under Sr. No 5 - Education were obtained]:

8. Work Experience: [Number of similar projects carried out, total number of years of professional experience etc]:____

i) List number of similar Projects along with description & countries where these works were carried out.

ii) List total number of years of related professional experience.

iii) List number of Projects in Himalayan Region along with description & countries.

9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading, and writing]:

10.Employment Record [Starting with present position, list in reverse order every employment held by staff member since graduation, giving for each

employment (see format here below): dates of employment, name of employing organization, positions held.]:

From [Year]: To [Year]:


Employer:

Positions held:

11. Detailed Tasks Assigned

[List all tasks to be

performed under this

assignment]

12. Work Undertaken that Best Illustrates Capability to Handle the Tasks Assigned

[Among the assignments in which the staff has been involved, indicate the following information for those assignments

that best illustrate staff capability to handle the tasks listed under point 11.]

Name of assignment or project:

Year:

Location:

Client:

Main project features:

Positions held:

Activities performed:

13. Number & details of Publications: ________________________________________

14. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand

that any wilful misstatement described herein may lead to my disqualification or dismissal, if engaged.

Date:

[Name of staff member] Day/Month/Year


FORM TECH-3.7 STAFFING SCHEDULE1

For obtaining Environment Clearance of

JTP HEP, (780 MW)

No Name of Staff

Staff input (in the form of a bar chart)2

Total staff-month input

1 2 3 4 5 6 7 8 9 10 11 12 n Home Field3 Total

‘Expert(s)’

1 [Home]

[Field]

2 [Home]

[Field]

3 [Home]

[Field]

[Home]

n [Field]

1 The input for ‘Expert(s)’should be indicated individually;

2 Months are counted from the start of the assignment. For each staff indicate separately staff input for home and field work.

3 Field work means work carried out at a place other than the Consultant's home office.


FORM TECH-3.8 WORK SCHEDULE

For obtaining Environment Clearance

JTP HEP, (780 MW)

No Activity1 Months2

1 2 3 4 5 6 7 8 9 10 11 12 n

1

2

3

4

5

6

7

8

n

1 Indicate all main activities of the assignment, including delivery of reports (e.g.: inception, interim, and final reports), and

other benchmarks such as Client approvals. For phased assignments indicate activities, delivery of reports, and benchmarks

separately for each phase.

2 Duration of activities shall be indicated in the form of a bar chart.


SECTION-4

FINANCIAL PROPOSAL STANDARD FORMS


Section 4

Financial Proposal - Standard Forms

[Comments in brackets [ ] provide guidance to the Consultants for the preparation of their Financial

Proposals; they should not appear on the Financial Proposals to be submitted.]

Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal

according to the instructions provided under Sub-Clause. 2.3.6 of Section 2.

FIN-4.1 Financial Proposal Submission Form

FIN-4.2 Lump Sum Cost

FIN-4.3 Detail of taxes/duties included in lump sum cost

Note: attached separately (to be filled in financial bid & not to be opened with technical Bid)


FORM FIN-4.1 FINANCIAL PROPOSAL SUBMISSION FORM

(ONLY TO BE UPLOADED WITH FINANCIAL BID/FORMS STRICTLY)

{Insert Location, Date}

To:

SJVN Corporate Office Complex, Shanan,Shimla-171006, India.


Telephone No. +91-177-2660161

Fax: +91-177-2660164


Respected Sir:

We, the undersigned, offer to provide the consulting services for {Inserttitle of assignment} in accordance with

your Request for Proposal dated {Insert Date} and our Technical Proposal. Our Financial Proposal is for the

sum of {Insert amount(s) in words and figures1}. This amount is inclusive of all the taxes, duties and other

impositions etc as stipulated in the RFP document.

Our Financial Proposal shall be binding upon us subject to expiration of the validity period of the Proposal as

indicated in Sub-clause 2.1.12 of ITC.

“No commissions or gratuities have been or are to paid by us to agents relating to this Proposal and Contract

execution.”

We understand you are not bound to accept any Proposal you receive.

We remain,

Yours sincerely,

Name and Title of Signatory:

Name of Firm:

Address:

Seal of Firm:______________________________________________

1. Amount(s) must coincide with the ones indicated under Total Cost of Financial proposal in Form FIN-4.2.



FORM FIN-4.2 LUMP SUM COST


SR. NO. ITEM Lump Sum Cost Covering all Items in

Terms of RFP Document Inclusive of All

Taxes including GST, Duties And Other

Impositions etc. as Applicable

(AMOUNT IN INR)

TOTAL

1. Consultancy Services for

Environment Clearance of

JTP HEP.

Grand Total


FORM FIN-4.3

DETAIL OF TAXES INCLUDING GST/DUTIES INCLUDED IN LUMP SUM COST

IN FIN 4.2


Nature of

Taxes/Duties

Amount(s) on which

taxes/duties as

applicable has been

considered in the bid

Rate(s) of taxes/duties as

considered on the

amounts indicated in fin

4.2

Amount of taxes/Duties

as considered on the

amount under col. 2

Col.1 Col.2 Col.3

Col.4

Grand Total


SECTION- 5

STANDARD TERMS OF REFERENCE


UPLOADED SEPARATELY PAGE No. 01 TO 14


SECTION- 6

PART-I - STANDARD FORM OF CONTRACT

PART-II - GENERAL CONDITIONS OF

CONTRACT

PART-III - SPECIAL CONDITIONS OF CONTRACT

AND

PART-IV - APPENDICES

SJVN Ltd.

Section 6, Form of Contract, General Conditions, Special Conditions and Appendices.


61

Consultancy services for Environment Clearance of JTP HEP

SECTION - 6

Form of Contract, General Conditions, Special Conditions and Appendices

CONTENTS

Part

Description Page

No.

I Form of Contract 63

II General Conditions of Contract 65

6.1.0 General provisions 65

6.1.1 Definitions 65

6.1.2 Law Governing Contract 66

6.1.3 Language 66

6.1.4 Notices 66

6.1.5 Location 66

6.1.6 Authority of Member in Charge 66

6.1.7 Authorized Representatives 67

6.1.8 Taxes and Duties 67

6.1.9 Fraud and Corruption 68

6.2.0 Commencement, Completion, Modification and Termination of Contract 69

6.2.1 Effectiveness of Contract 69

6.2.2 Commencement of Services 69

6.2.3 Expiration of Contract 69

6.2.4 Modification or Variations 69

6.2.5 Force Majeaure 69

6.2.6 Termination 70

6.3.0 Obligations of the Consultant 71

6.3.1 General 71

6.3.2 Conflict of Interests 71

6.3.3 Confidentiality 72

6.3.4 Insurance to be taken out by Consultant 72

6.3.5 Consultant actions requiring Client’s prior approval 73

6.3.6 Reporting obligations 73

6.3.7 Documents prepared by the Consultant to be the property of the Client 74

6.3.8 Accounting, Inspection and Auditing 74

6.3.9 Assistance for Clearances 75

6.4.0 Consultant’s Personnel 75

6.4.1 Description of Personnel 75

6.4.2 Removal and/or Replacement of Personnel 75

6.5.0 Inputs to the Consultant 76

6.6.0 Payments to the Consultant 76

6.6.1 Lump sum Payment 76

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6.6.2 Contract price 76

6.6.3 Payment for Additional Services 76

6.6.4 Terms & Conditions of Payment 76

6.6.5 Interest and Delayed Payments 77

6.7.0 Good Faith 78

6.8.0 Settlement of Disputes 78

6.8.1 Amicable Settlement 78

6.8.2 Dispute Resolution 78

6.9.0 Delay in Services 80

6.10.0 Limitation of liability 82

III Special Conditions of Contract 83

IV Appendices

Appendix A : Description of Services

Appendix B : Reporting Requirements

Appendix C : ‘Expert(s)’

Appendix E : Services and Facilities Provided by the Client

Appendix F : Form of Bid Security (Not applicable)

Appendix G : Form of Performance Security

Appendix H : Integrity Pact

Appendix I : Form for Power of Attorney

Appendix J : R.T.G.S. Form

86

87

89

91

91

93

96

112

114

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I. Form of Contract

This CONTRACT (hereinafter called the “Contract”) is made the {day} day of the month of

{month}, {year}, between, on the one hand, {name of client} (hereinafter called the “Client”) and,

on the other hand, {name of Consultant} (hereinafter called the “Consultant”).

WHEREAS

(a) the Client has requested the Consultant to provide certain consulting services as

defined in this Contract (hereinafter called the “Services”);

(b) the Consultant, having represented to the Client that it has the required

professional skills, and personnel and technical resources, has agreed to provide

the Services on the terms and conditions set forth in this Contract;

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this

Contract:

(a) The General Conditions of Contract;

(b) The Special Conditions of Contract;

(c) Additional clauses;

(d) The following Appendices:

Appendix A : Description of Services.

Appendix B : Reporting Requirements.

Appendix C : Key Personnel and Sub-Consultants.

Appendix D : Breakdown of Contract Price in Local Currency.(NOT

APPLICABLE)

Appendix E : Services and Facilities Provided by the Client.

Appendix F : Form of Bid Security. .(NOT APPLICABLE)

Appendix G : Form of Performance Security

Appendix H : Undertaking regarding blacklisting

Appendix I : Form for Power of Attorney

Appendix J : R.T.G.S. Form

(e) Consultant proposal/RFP Document

(f) Any other correspondence/corrigendum/addendum etc

2. The mutual rights and obligations of the Client and the Consultant shall be as set forth in

the Contract, in particular:

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(a) the Consultants shall carry out the Services in accordance with the provisions of

the Contract; and

(b) the Client shall make payments to the Consultants in accordance with the

provisions of the Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their

respective names as of the day and year first above written.

For and on behalf of [name of Client]

[Authorized Representative]

[Seal of the client]

For and on behalf of [name of Consultant]



[Note: If the Consultant consists of more than one entity, all these entities should appear as

signatories, e.g., in the following manner:]

For and on behalf of each of the Members of the Consultant

[name of member]



[Name of member]



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II. General Conditions (GC) of Contract

6.1.0General Provisions

6.1.1 Definitions

Unless the context otherwise requires, the following terms whenever used in this Contract

have the following meanings:

(a) “Applicable Law” means the laws and any other instruments having the force of law in

India.

(b) “Consultant” means any single entity (i.e. legal representative, successor, assigns) that

may provide or provides the Services to the Client under the Contract.

(c) “Contract” means the Contract signed by the Parties and all the attached documents

listed in Part Iof Section 6 (Form of Contract) that is the General Conditions of

Contract (GCC), the Special Conditions of Contract (SCC), Appendices etc.

(d) “Contract Price” means the price to be paid for the performance of the Services, in

accordance with Clause (GCC)6.6.0;

(e) “Effective Date” means the date on which this Contract comes into force and effect

pursuant to Sub-Clause GCC 6.2.1.

(f) “Foreign Currency” means any currency other than the currency of client’s country

(India).

(g) “GCC” means these General Conditions of Contract.

(h) “Government” means the Government of India and Govt. of Himachal Pradesh, as the

case may be.

(i) “Local Currency” means the currency of the client’s country (Indian Rupee).

(j) “Member” means any of the entities that make up the consortium/association, and

“Members” means all these entities.

(k) “Party” means the Client or the Consultant, as the case may be, and “Parties” means

both of them.

(l) “Personnel” means persons hired by the Consultant or by any Sub-Consultants and

assigned to the performance of the Services or any part thereof.

(m) “SCC” means the Special Conditions of Contract by which the GC may be amended or

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supplemented.

(n) “Services” means the work to be performed by the Consultant pursuant to this Contract,

as described in Appendix-A hereto.

(o) “Sub-Consultants” means any person or entity to whom /which the Consultant

subcontracts any part of the Services.

(p) “In writing” means communicated in written form with proof of receipt.

(q) EIA, EMP means Environment Impact Assessment Study& Environment Management

Plan respectively.

(r) “Client” means SJVN Limited having its registered office at SJVN Corporate Office

Complex, Shanan, Shimla-171006 (H.P.),, India and includes its legal representative,

successor and assigns.

(s) “Engineer-In-Charge (EIC) means the Officer nominated by the Employer (as per SCC)

or its duly authorized representative to direct, supervise and be in charge of the works

for the purpose of this contract”.

6.1.2 Law Governing Contract

Unless otherwise hereinafter provided, this contract shall be construed, interpreted and

governed by laws of India. The laws applicable to the Contract shall be the laws in force in

India. High Court of Himachal Pradesh shall have exclusive Jurisdiction for

adjudication upon the dispute arising out of the contract between the parties.

6.1.3 Language

This Contract has been executed in the language specified in the SCC, which shall be the

binding and controlling language for all matters relating to the meaning or interpretation of

this Contract.

6.1.4 Notices

6.1.4.1 Any notice, request or consent required or permitted to be given or made pursuant to

this Contract shall be in writing. Any such notice, request or consent shall be deemed

to have been given or made when delivered in person to an authorized representative

of the Party to whom the communication is addressed, or when sent to such Party at

the address specified in the SC.

6.1.4.2 A Party may change its address for notice hereunder by giving the other Party notice

in writing of such change to the address specified in the SCC.

6.1.5 Location

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The Services shall be performed at such locations as are specified in Appendix-A hereto and,

where the location of a particular task is not so specified, at such locations, whether in the

Government’s country or elsewhere, as the Client may approve.

6.1.6 Deleted without change in Sr. No.

6.1.7 Authorized Representatives

Any action required or permitted to be taken, and any document required or permitted to be

executed under this Contract by the Client or the Consultant may be taken or executed by the

officials specified in the SCC.

6.1.8 Taxes and Duties

1 (a) All applicable taxes, income tax, duties, fees, levies, Goods & Services Tax

(GST)and other imposition etc. in connection with the execution of the contract

levied by the Govt. of India/ HP Govt. or any other local authorities on the

Consultant in accordance with the applicable law shall be borne by the Consultant

and are deemed to be included in their bid price. The Consultants shall note that

the Tax Deduction at Source (TDS) in India as per applicable law shall be made

from the payments due to the Consultants and that shall not be reimbursed.

Statutory variation in taxes and duties or levy of any new tax after 28 days prior to

deadline for submission of bid will be adjusted/reimbursed against production of

documentary evidence.

(b) All taxes and duties arising outside India in connection with execution of this

contract shall be borne by Consultants if any.

(c) Any income tax, applicable on Expatriate income in client’s country (India) as per

applicable law should be included in the bid price which will not be reimbursable.

However, proof of IT/statutory clearances in respect of Expatriate will have to be

submitted by the Consultant before raising of final bill under the contract.

(2) The Consultant, Sub-Consultants and Personnel, and their eligible dependents, shall

follow the usual customs procedures of the Client’s country (India) in importing

property into the Client’s country(India); and

(3) If the Consultant, Sub-Consultants or Personnel, or their eligible dependents, do not

withdraw but dispose of any property in the Client’s country upon which customs

duties and taxes have been exempted or paid by the client, the Consultant, Sub-

Consultants or Personnel, as the case may be, (i) shall bear such customs duties

and taxes in conformity with the regulations of the country, or (ii) shall reimburse

them to the Client if they were paid by the Client at the time the property in

question was brought into the Client’s country.

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Further, in order to comply with the necessary formalities under GST while

making payments computations of tax, invoicing, filing of returns etc. under

'Notification No.10/2017, Chapter VI, 46, Tax Invoice', invoice for goods and

services to contain following particulars namely:

(a) Name, address and GSTIN of the supplier

(b) Specific Invoice Number format

(c) Name and address of recipient

(d) Address of delivery

(e) HSN code of goods and SAC for services

(f) Description and quantity of the goods/services

(g) Value of the goods/Services

(h) Rate and amount of tax

(i) Other prescribed information

6.1.9 Fraud and Corruption

It is the Client’s policy to require that Consultants observe the highest standard of ethics

during the selection and execution of such contracts. In pursuance of this policy, the Client:

6.1.9.1 Definitions

(a) defines, for the purpose of this provision, the terms set forth below as follows:

(i) “corrupt practice” means the offering, receiving, or soliciting, directly or indirectly,

of anything of value to influence the action of a public official in the selection

process or in contract execution;

(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to

influence a selection process or the execution of a contract;

(iii) “collusive practices” means a scheme or arrangement between two or more

consultants, with or without the knowledge of the Client, designed to establish

prices at artificial, noncompetitive levels;

(iv) “coercive practices” means harming or threatening to harm, directly or indirectly,

persons or their property to influence their participation in a procurement process, or

affect the execution of a contract;

6.1.9.2 Measures to be Taken

(b) will cancel the contract if it determines at any time that representatives of the Consultant

or Consultants were engaged in corrupt, fraudulent, collusive or coercive practices

during the selection process or the execution of that contract;

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(c) will sanction a Consultant, including declaring the Consultant ineligible, either

indefinitely or for a stated period of time, to be awarded a contract if it at any time

determines that the Consultant has, directly or through an agent, engaged in corrupt,

fraudulent, collusive or coercive practices in competing for, or in executing contract;

6.1.9.3 Commissions and Fees

(d) Will require the successful Consultant to disclose any commissions or fees that may

have been paid or are to be paid to agents, representatives, or commission agents with

respect to the selection process or execution of the contract. The information disclosed

must include at least the name and address of the agent, representative, or commission

agent, the amount and currency, and the purpose of the commission or fee.

6.2.0 Commencement, Completion, Modification and Termination of Contract

6.2.1 Effectiveness of Contract

This Contract shall come into effect from the date as notified by EIC.

6.2.2 Commencement of Services

The commencement of Consultancy services shall be from the date as notified by EIC.

6.2.3 Expiration of Contract

Unless terminated earlier pursuant to Sub-Clause GC 6.2.6 hereof, this contract shall expire at

the end of 600 days from the date as notified by EIC or till such extended period for

services/works completion as per RFP document.

6.2.4 Modifications or Variations

Deleted without Change in Sr. No.

6.2.5 Force Majeure

6.2.5.1 Definition

a) For the purposes of this Contract, “Force Majeure” means an event which is beyond the

reasonable control of a Party and which makes a Party’s performance of its obligations

under the Contract impossible or so impractical as to be considered impossible under

the circumstances and includes, but is not limited to war, riots, civil disorder,

earthquake, fire explosion, storm, flood or other adverse weather conditions, strikes,

lockouts or other industrial action (except where such strikes, lockouts or other

industrial action are within the power of the Party invoking Force Majeure to prevent),

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confiscation or any other action by government agencies.

b) Force Majeure shall not include:

i) any event which is caused by the negligence or intentional action of a Party or agents or

employees,

ii) Any event which a diligent Party could reasonably have been expected to take into

account at the time of the conclusion of this Contract and avoid or overcome in the

carrying out of its obligations hereunder.

c) Force Majeure shall not include insufficiency of funds or failure to make any payment

required hereunder.

6.2.5.2 No Breach of Contract

The failure of a Party to fulfill any of its obligations under the contract shall not be considered

to be a breach of, or default under, this Contract insofar as such inability arises from an event

of Force Majeure, provided that the Party affected by such an event (a) has taken all

reasonable precautions, due care and reasonable alternative measures in order to carry out the

terms and conditions of this Contract, and (b) has informed the other Party as soon as possible

about the occurrence of such an event.

6.2.5.3 Extension of Time

a) Any period within which a Party shall, pursuant to this Contract, complete any action

or task, shall be extended for a period equal to the time during which such Party was

unable to perform such action as a result of Force Majeure.

b) In case there is delay on the part of Client for providing the data/reports (as per scope

of Client, if any), the consultant will not be entitled for any kind of cost compensation

whatsoever on account of delays and Client shall not entertain any claim in this

regard. However, consultant shall be entitled for Extension of Time (EOT) without

any cost compensation and this EOT shall be determined by Engineer-in-Charge (EIC)

based on the delays on the part of Client.

6.2.5.4 Payments

During the period of their inability to perform the Services as a result of an event of Force

Majeure, the Consultant shall be entitled to continue to be paid under the terms of this

Contract, during such period for the purposes of the Services and in reactivating the Service

after the end of such period.

6.2.6 Termination

6.2.6.1 By the Client

The Client may terminate this Contract in case of the occurrence of any of the events

specified in Paragraphs (a) to (e) of this Clause. In such an occurrence the Client shall give

not less than thirty (30) days’ written notice of termination to the Consultant, and sixty (60)

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days’ in the case of the event referred to in (e).

(a) If the Consultant does not remedy a failure in the performance of their obligations under

the Contract, within thirty (30) days after being notified or within any further period as

the Client may have subsequently approved in writing.

(b) If the Consultant becomes insolvent or bankrupt.

(c) If the Consultant, in the judgment of the Client has engaged in corrupt or fraudulent

practices in competing for or in executing the Contract.

(d) If, as the result of Force Majeure, the Consultant are unable to perform a material

portion of the Services for a period of not less than sixty (60) days.

(e) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate

this Contract without any liability to Client and no claim in this regard will be

entertained.

6.2.6.2 By the Consultant

The Consultants may terminate this Contract, by not less than thirty (30) days’ written notice to

the Client, such notice to be given after the occurrence of any of the events specified in

Paragraphs (a) to (b) of this Sub-Clause GC 6.2.6.2:

(a) If the Client fails to pay any money due to the Consultant pursuant to this Contract and not

subject to dispute pursuant to Clause GC 6.6.0 hereof within forty-five (45) days after

receiving written notice from the Consultant that such payment is overdue.

(b) If, as the result of Force Majeure, the Consultant is unable to perform a material portion

of the Services for a period of not less than sixty (60) days.

6.2.6.3 Payment upon Termination

Upon termination of this Contract pursuant to Sub-Clauses GC 6.2.6.1 or GC 6.2.6.2, the Client

shall make the following payments to the Consultant:

(a) payment pursuant to Clause GC 6.6.0 for Services satisfactorily performed prior to the

effective date of termination;

(b) except in the case of termination pursuant to Paragraphs (a) through (c), and (e) of Sub-

Clause GC 6.2.6.1, reimbursement of any reasonable cost incident to the prompt and

orderly termination of the Contract, including the cost of the return travel of the Personnel

and their eligible dependents.

6.3.0 Obligations of the Consultant

6.3.1 General

The Consultant shall perform the Services and carry out their obligations hereunder with all due

diligence, efficiency and economy, in accordance with generally accepted professional standards

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and practices, and shall observe sound management practices, and employ appropriate

technology and safe and effective equipment, machinery, materials and methods. The

Consultant shall always act, in respect of any matter relating to this Contract or to the Services,

as faithful advisers to the Client, and shall at all times support and safeguard the Client’s

legitimate interests in any dealings with Sub-Consultants or third Parties.

6.3.2 Conflict of Interests

The Consultant shall hold the Client’s interests Paramount, without any consideration for future

work, and strictly avoid conflict with other assignments or their own corporate interests.

6.3.2.1 Consultants Not to Benefit from Commissions, Discounts, etc.

The payment of the Consultant pursuant to Clause GC 6.6.0 shall constitute the Consultant’s

only payment in connection with this Contract or the Services, and the Consultant shall not

accept for their own benefit any trade commission, discount, or similar payment in connection

with activities pursuant to this Contract or to the Services or in the discharge of their obligations

under the Contract, and the Consultant shall use their best efforts to ensure that the Personnel,

any Sub-Consultants, and agents of either of them similarly shall not receive any such additional

payment.

6.3.2.2 Consultant and Affiliates Not to be Otherwise Interested in Project

The Consultant agrees that, during the term of this Contract and after its termination, the

Consultant and any entity affiliated with the Consultant, as well as any Sub-Consultants and any

entity affiliated with such Sub-Consultants, shall be disqualified from providing goods, works or

services (other than consulting services) resulting from or directly related to the Consultant’s

Services for the preparation or implementation of the project.

6.3.2.3 Prohibition of Conflicting Activities

The Consultant shall not engage, and shall cause their Personnel as well as their Sub-Consultants

and their Personnel not to engage, either directly or indirectly, in any business or professional

activities which would conflict with the activities assigned to them under this Contract.

6.3.3 Confidentiality

Except with the prior written consent of the Client, the Consultant and the Personnel shall not at

any time communicate to any person or entity any confidential information acquired in the

course of the Services, nor shall the Consultant and the Personnel make public the

recommendations formulated in the course of, or as a result of, the Services. Non compliance of

above shall be considered as a breach of contract and shall result into termination of contract by

the client.

6.3.4 Insurance to be Taken Out by the Consultant

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Deleted

6.3.5 Consultant’s Actions Requiring Client’s Prior Approval

The Consultant shall obtain the Client’s prior approval in writing before taking any of the

following actions:

(a) entering into a subcontract for the performance of any part of the Services,

(b) appointing such members of the Personnel not listed by name in Appendix-C, and

(c) any other action that may be specified in the SC.

6.3.6 Reporting Obligations

(a)As a part of Contract, the consultant shall at his cost provide to SJVN number of copies of

various reports duly bound in presentable form along with its soft copy on CD in editable format

(DOC, XLS, DWG etc.) at different stages as per the following details.

S.N Activity Number of copies to

be given

1. Submission of inception report- First progress

report. 2 copies

2.

Submission of report on measurement and analysis

of first season primary and secondary data- Second

progress report.

2 copies

3.

Submission of report on measurement and analysis

of second season primary and secondary data –

Third progress report.

2 copies

4. Submission of draft comprehensive EIA/EMP report

incorporating all season data and executive summary

in English as well as local vernacular language for

conduct of public hearing.

A total of 20 copies

of EIA/EMP report

and 50 copies each

(in both English and

Vernacular language,

25 English, rest

Vernacular) of

executive summary

for conducting public

hearing.

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5. Submission of final EIA/EMP report after including

the public hearing issues along with their addressal

to MoEF&CC for Environment Clearance.

A total of 8 copies of

EIA/EMP report and

20 copies each of

executive summary

after incorporating

and adding relevant

issues raised during

Public Hearing for

environment

clearance.

6. Submission of final EIA/EMP report and executive

summary in English and local vernacular language

after grant of environment clearance by Statutory

bodies.

A total of 20 copies

of Final EIA/EMP

report and 20 copies

each of final

executive summary,

both in English and

local Vernacular

language, within 30

days after grant of

Environmental

clearance.

(b) Reports in hard form and soft form (in editable format- DOC, XLS, DWG, etc.) shall be

delivered at EIC’s address or at any other address as deemed fit by EIC..

(c) The Consultant shall also provide all the raw data collected in the field for baseline

studies w.r.t. terrestrial and aquatic flora and fauna, air water, noise demography and

socio-economic status and all other parameters based on which inferences have been

drawn in the EIA report.

6.3.7 Documents Prepared by the Consultant to be the Property of the Client

(a) All plans, drawings, specifications, designs, reports, other documents and software

submitted by the Consultant under this Contract shall become and remain the property of

the Client, and the Consultant shall, not later than upon termination or expiration of this

Contract, deliver all such documents to the Client, together with a detailed inventory

thereof.

(b) The Consultant may retain a copy of such documents and software. The consultants shall

not use these documents for purpose unrelated to this contract without the prior written

approval of the client.

6.3.8 Accounting, Inspection and Auditing

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The Consultant (i) shall keep accurate and systematic accounts and records in respect of the

Services hereunder, in accordance with internationally accepted accounting principles and in

such form and detail as will clearly identify all relevant time changes and costs, and the bases

thereof, and (ii) shall periodically permit the Client or its designated representative and up to two

years from the expiration or termination of this Contract, to inspect the same and make copies

thereof as well as to have them audited by auditors appointed by the Client if so required by the

Client as the case may be.

6.3.9Assistance for clearances

The consultant would also be required to make presentations and defend the project and assist

SJVN in the process of obtaining the requisite clearances from the Ministry of Environment

Forests& Climate Change, Govt. of India, State Pollution Control Board, State Govt. or any

other regulatory or statutory body of the Central or State Government for Environment

Clearance, anywhere in India and till the time the requisite clearances are not accorded. The

Consultant shall also assist SJVN during Public Hearings. The cost of providing the above

services shall be deemed to be included/priced in the quoted lump sum prices

6.4.0 Consultant’s Personnel

6.4.1 Description of Personnel

The Consultant shall employ and provide such qualified and experienced Personnel as are

required to carry out the Services. The titles, agreed job descriptions, minimum qualifications,

and estimated periods of engagement in carrying out of the Services of the Consultant’s Key

Personnel are described in Appendix-C. The Key Personnel listed by title as well as by name in

Appendix-C shall be approved by the Client.

6.4.2 Removal and/or Replacement of Personnel

(a) Except as the Client may otherwise agree, no changes shall be made in the Key

Personnel. If, for any reason beyond the reasonable control of the Consultant, such as

retirement, death, medical incapacity, among others, it becomes necessary to replace any

of the Key Personnel, the Consultant shall provide as a replacement a person of

equivalent or better qualifications.

(b) If the Client finds that any of the Personnel have

(i) committed serious misconduct or have been charged with having committed a criminal

action, or

(ii) Reasonable cause to be dissatisfied with the performance of any of the Personnel, then

the Consultant shall, at the Client’s written request specifying the grounds thereof,

provide as a replacement a person with qualifications and experience acceptable to the

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Client.

The Consultant shall have no claim for additional costs arising out of or incidental to any

removal and/or replacement of Personnel.

6.5.0 Inputs to the Consultant

The Client shall make available free of charge to the Consultant the inputs listed under

Appendix-E.

6.6.0 Payments to the Consultant

6.6.1 Lump-Sum Payment

The total payment due to the Consultant shall not exceed the Contract Price which is an all-

inclusive fixed lump-sum covering all costs required to carry out the Services described in

Appendix-A.

6.6.2 Contract Price

The price payable and the currency is set forth in the SCC.

6.6.3 Payment for Additional Services

Clause deleted without change in Sr. No.

6.6.4 Terms and Conditions of Payment

Payments to the consultants will be made in accordance with the payment schedule stated

herein below through E-payment/RTGS in terms of the details given under Appendix-J:

i) 10% of lump sum amount shall be paid against GST invoice on obtaining the Scoping

Clearance (TOR).

ii) 10% of lump sum amount shall be paid against GST invoice on submission of

inception report-First progress report.

iii) 10% of lump sum amount shall be paid against GST invoice on submission of report

on measurement and analysis of first season primary and secondary data-Second

progress report.

iv) 20% of lump sum amount shall be paid against GST invoice on submission of report

on measurement and analysis of second season primary and secondary data-Third

progress report.

v) 20% of lump sum amount shall be paid against GST invoice on submission of draft

comprehensive EIA/EMP report incorporating all season data and executive

summary in English as well as local vernacular language for conduct of public

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hearing.

vi) 15% of lump sum amount shall be paid against GST invoice on submission of final

EIA/EMP report after including the Public hearing issues along with their addressal

in the EIA/EMP Report for submission to MoEF & CC for Environmental

Clearance.

vii) Balance 15% of lump sum amount shall be paid against GST invoice on submission

of Final EIA/EMP report and executive summary in English as well as local

vernacular language after grant of environment clearance by Statutory bodies. In

case EIA report is not approved by the approving authority (i.e., Client) then

Consultant shall rectify the EIA report within the scope of work without any

financial implication to Client and in case further process for approval is closed

within six months on account of the reasons attributable to Consultant, in such a

situation balance 15% of payment shall not be released and consultancy contract

will be closed without any liability to Client.

No advance payment shall be made by the Client in favour of successful Consultant.

All payments of the contract price shall be made through E-Payment/ RTGS to the successful

consultant with whom the Contract Agreement is signed and on submission of documents as

required under conditions of contract. Further, Client shall nowhere be responsible for extra

financial implication towards remittance of currency (ies) and fulfilment of statutory

requirement. The consultant shall open account for payment with Bank(s) having Core banking

Facility (CBS Branch) and furnish the details of the same in the RTGS form (Appendix-J).

6.6.5 Interest on Delayed Payments

In case of Micro & Small Enterprise (MSE)

All the payments for the services (as applicable) rendered by MSEs (Micro & Small Enterprises)

consultant under the contract shall be released within forty five (45) days from the day of

acceptance, subject to submission of invoice/RA bill on or before the day of acceptance.

Day of acceptance means day of actual rendering of services; or where any objection is made in

writing by Client regarding acceptance of services within fifteen days from the date of rendering

of services, the day on which such objection is removed by the Consultant.

In case payments are not released as mentioned above, Client shall pay the principal amount plus

compound interest with monthly rests from the date immediately following the date agreed upon

@ three times of bank rates as notified by Reserve Bank of India from time to time.

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78


In case of non-MSE

All the payments for the services (as applicable) rendered by non-MSEs (Non-Micro & Small

Enterprises) Consultant under the contract shall be released within forty five (45) from the

receipt of invoice/ RA bills from the Consultant complete in all respects.

In case payments are not released as mentioned above, SJVN shall pay the principal amount plus

simple interest from the date immediately following the date agreed upon @ 8% p.a.

6.7.0 Good Faith

The Parties undertake to act in good faith with respect to each other’s rights under this Contract

and to adopt all reasonable measures to ensure the realization of the objectives of this Contract.

6.8.0 Settlement of Disputes

6.8.1 Amicable Settlement

The Parties agree that the avoidance or early resolution of disputes is crucial for a smooth

Execution of the Contract and the success of the assignment. The Parties shall use their best

efforts to settle amicably all disputes arising out of or in connection with this Contract or its

interpretation.

6.8.2 Dispute Resolution

Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be

settled amicably within ninety (90) days after receipt by one Party of the other Party’s request

for such amicable settlement may be submitted by either Party for settlement in accordance

with the provisions specified herein below:

6.8.2.1 Arbitration

All dispute or difference in respect of which the decision has not been final and conclusive

arising between the Consultant and the SJVN Ltd., in relation to or in connection with the

contract, shall be referred to arbitration in the manner provided as hereunder:

i) On receipt of such notice, the Client shall send to the Consultant a panel of three persons and

thereafter the Consultant within fifteen (15) days of receipt of such panel, communicate to

the Client the name of one of the persons from such panel and such a person shall then be

appointed as Sole Arbitrator by the Engineer-in-Charge of the Client.

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79


ii) Provided that if the Consultant fails to communicate the selection of a name out of the panel

so forwarded to him by the Client then after the expiry of the aforesaid stipulated period, the

Engineer-in Charge shall without delay select one person from the aforesaid panel and

appoint him as the Sole Arbitrator.

iii) The Arbitrator to whom the matter is originally referred being unable to act for any reason,

then the Client shall appoint another person to act as Sole Arbitrator in the same manner as

provided in clause (ii) herein above. Such person shall be entitled to proceed with the

reference from the stage at which it was left by the predecessor.

iv) The award of the Arbitrator shall be final and binding on both parties to the Contract. The

Arbitrator’s fees, as well as the cost of Arbitration proceedings shall be borne equally by

either party.

v) Irrespective of the amount of claim, the Arbitrator shall give reasons for the award.

vi) Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof

and the rules made there under and for time being in force shall apply to the arbitration

proceedings under this clause.

vii) The venue of the arbitration proceedings shall be in Shimla.

viii)The Language of arbitration proceedings and of all documents and communications

between the parties shall be English.

ix) Notwithstanding any reference to the Arbitration herein,

a) The parties shall continue to perform their respective obligations under the Contract unless

they otherwise agree to the contrary.

b) The Client shall pay the Consultant any monies due to the Consultant.

6.8.2.2 In case of Contract with another Central Public Sector Undertaking/Govt.

Department, any dispute or difference in relation to or in connection with the

contract shall be referred by either party for Arbitration to the sole Arbitrator in

the Department of Public Enterprises to be nominated by the Secretary to the

Government of India in-charge of the Department of Public Enterprises. The

Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this

clause. The award of the Arbitrator shall be binding upon the parties to the

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80


dispute, provided, however, any party aggrieved by such award may make a

further reference for setting aside or revision of the award to the Law Secretary,

Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon

such reference the dispute shall be decided by the Law Secretary or the Special

Secretary/Additional Secretary, when so authorized by the Law Secretary, whose

decision shall bind the Parties finally and conclusively. The Parties to the dispute

will share equally the cost of arbitration as intimated by the Arbitrator.

6.9.0 Delay in Services

If the consultant fails to achieve completion of the services/milestones within the time

prescribed herein below and if in the opinion of client, delay is solely attributable to the

consultant, the client shall be entitled to levy LD for delay. The amount of the liquidated

damages (and not as a penalty) shall be the sum shown below for any calendar day in the types

and proportions of currencies of the Contract price as indicated in letter of award:

Sl.

No.

Description of Interim

Contract milestone

Completion time from

the date as notified by

EIC.

LD for delay in

achievement of Interim

Contract milestone per

day of Contract Price.

1. Filling of application

prescribed for TOR.

By the end of 7 days. 0.005 (zero point zero zero

five percent of contract

price (CP) plus applicable

GST per day delay subject

to maximum of 0.5 (zero

point five) percent of

Contract price plus

applicable GST.

Sl.

No.

Description of Interim

Contract milestone

Completion time from

the 7th day of issue of

TOR/Scoping

Clearance letter.

LD for delay in

achievement of Interim

Contract milestone per

day of Contract Price.

1. Submission of Inception

Report—First progress

report.

By the end of 15 days 0.005 (zero point zero zero

five) percent of Contract

Price (CP) plus applicable


to maximum of 0.5 (zero


Contract Price (CP) plus

applicable GST.

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81


2. Submission of report on

measurement and

analysis of first season

primary and secondary

data—Second progress

report.

By the end of 75 days 0.015 (zero point zero one




to maximum of 1.5 (one



applicable GST.

3. Submission of report on

measurement and

analysis of second

season primary and

secondary data—Third

progress report

By the end of 195 days 0.035 (zero point zero three




to maximum of 3.5 (three



applicable GST.

4. Submission of draft

comprehensive EIA

report incorporating all

season data and

executive summary in

English as well as local

vernacular language for

conduct of public

hearing.

By the end of 300 days 0.042 (zero point zero four

two) percent of Contract



to maximum of 4.2 (four

point two) percent of

Contract Price plus

applicable GST.

5. Submission of final

EIA/EMP Report after

including the public

hearing issues along

with their addressal to

MoEF&CC for

Environment Clearance.

Consultant to ensure

that final EIA/EMP

Report is submitted

within 30 days after

receiving Minutes of

Meeting of the Public

Hearing/any letter from

By the end of 430 days. 0.015 (zero point zero one




to maximum of 1.5 (one

point five percent of


applicable GST.

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82


Statutory authority.


EIA/EMP report and

executive summary in

English and local

vernacular language

after grant of

environment clearance

by Statutory bodies.

By the end of 510 days 0.05(zero point zero five)

percent of Contract price

(CP) plus applicable GST

per day delay subject to

maximum of 5.0 (five)

percent of Contract Price

(CP) plus applicable GST.

Provided always that the maximum amount of compensation/delay damages payable by the

Consultant for delay in completion of the Interim Contract milestone as well as services as a

whole shall not exceed 5% of the Contract Price plus applicable GST indicated in Letter of

Award. However, the payment or deduction of such damages shall not relieve the Consultant

from his obligations to complete the Works or from any other of his obligations and liabilities

under the Contract.

6.10.0 Limitation of liability

Liability of the consultant under or in connection with this consultancy contract will be limited

to the extent of the total Contract Price of the consultancy services.

The clause shall not limit any liability in case of fraud, deliberate default or reckless misconduct

by the defaulting party.

Further, as there is no employer-employee relationship between the Client and Consultant

therefore, the principal of strict liability both civil and criminal shall apply in respect of

anything, deeds, acts done by the consultant during the entire contract period without any

vicarious liability to Client.

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83


III. Special Conditions of Contract

(Clauses in brackets { } are optional; all notes should be deleted in final text)

Clause ref. of

GCC

Data

6.1.1 Head of Project, JTP HEP shall be EIC for the work.

6.1.3 The language is English.

6.1.4 The addresses are:

Chief General Manager/HOD (Civil Contracts)


SJVN Corporate Office Complex, Shanan,Shimla-171006 (H.P.), India.

Phone No. +91-177-2660161

Fax: +91-177-2660164


Attention:

Facsimile:

E-mail:

6.1.6 Deleted without change in Sr. No.

6.1.7 The Authorized Representatives are

For the Client: Chief General Manager/HOD (Civil Contracts)

For the Consultant:


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84


6.2.2 The commencement of Consultancy services shall be from the date as notified by

EIC.

6.6.2 The amount and currency is ………………….INR.

SJVN Ltd.




APPENDICES

SJVN Ltd.




Appendix-A

DESCRIPTION OF SERVICES

(Refer Sub-Clause 6.1.5 of GCC under SECTION -6)

Submission of EIA and EMP report shall include but not limited:

Sl.

No.

Task to be perform Date of

commencement

Date of

completion

Place of performance

1. Filling of application prescribed for TOR.

2.

Submission of Inception Report—First progress report.

i

ii

n

3.

Submission of report on measurement and analysis of first season primary and secondary data—Second

progress report.

i

ii

n

4.

Submission of report on measurement and analysis of second season primary and secondary data—Third

progress report

i

ii

n

5.

Submission of draft comprehensive EIA report incorporating all season data and executive summary in

English as well as local vernacular language for conduct of public hearing.

i

ii

n

6. Submission Final EIA/EMP Report after addressing all issues raised during Public Hearing and

incorporation of same in the EIA/EMP Report for submission to MoEF&CC for Environment Clearance.

i

ii

n

7. Submission of final EIA/EMP report and executive summary in English and local vernacular language after

grant of environment clearance by Statutory bodies.

i

ii

n

Note: (i) The consultant shall furnish the requisite details in the above said Appendix.

(ii) The Consultant shall furnish the said Reports to EIC.

SJVN Ltd.




APPENDIX-B

REPORTING REQUIREMENTS

(Refer Sub-Clause 6.3.6 of GCC under SECTION-6)

Sl.

No.

Name/Description Format Frequency Contents Nos. of copies

to be submitted

Date of submission

from the 7th day of

issue of

TOR/Scoping

Clearance letter 1. Submission of

Inception Report—

First progress report.

Hard

copy &

Soft copy

in

editable

format

2 Copies By the end of 15

days

2. Submission of report

on measurement and

analysis of first

season primary and

secondary data—

Second progress

report.

Hard

copy &

Soft copy

in

editable

format


days

3. Submission of report

on measurement and

analysis of second

season primary and

secondary data—

Third progress

report

Hard

copy &

Soft copy

in

editable

format


days

4. Submission of draft

comprehensive EIA

report incorporating

all season data and

executive summary

in English as well as

local vernacular

language for

conduct of public

hearing.

Hard

copy &

Soft copy

in

editable

format

A total of 20

copies of

EIA/EMP report

and 50 copies

each (In both

English and

Vernacular

language, 25

English, rest

Vernacular) of

executive

summary for

conducting

public hearing.

By the end of 300

days

SJVN Ltd.




Sl.

No.

Name/Description Format Frequency Contents Nos. of copies

to be submitted

Date of submission

from the 7th day of

issue of

TOR/Scoping

Clearance letter 5. Submission of final

EIA/EMP report

after including the

public hearing issues

along with their

addressal to MoEF

& CC for

Environmental

Clearance.

Consultant to ensure

that final EIA/EMP

Report is submitted

to Project EIC

within 30 days after

receiving Minutes of

Meeting of the

Public Hearing/any

letter from Statutory

authority.

Hard

copy &

Soft copy

in

editable

format

A total of 8

copies of

EIA/EMP report

and 20 copies

each of

executive

summary after

incorporating &

adding relevant

issues raised

during Public

Hearing for

environment

clearance.

By the end of 430

days


EIA/EMP report and

executive summary

in English and local

vernacular language

after grant of

environment

clearance by

Statutory bodies.

Hard

copy &

Soft copy

in

editable

format

A total of 20

copies of

EIA/EMP report

and 20 copies

each of

executive

summary within

30 days after

grant of

environment

clearance.

By the end of 510

days

Note: i) The consultant shall furnish the requisite details in the above said Appendix.

ii) The Consultant shall furnish the said Reports.

SJVN Ltd.




APPENDIX-C

‘Expert(s)’ (Refer Sub-Clause 6.3.5 and 6.4.1 of GCC under SECTION-6)

Note: List under:

C-1 Titles [and names, if already available], detailed job descriptions and minimum

qualifications of ‘Expert(s)’to be assigned to work in the Client’s country, and estimated

staff-months for each.

C-2 In case of Support Staff, mention name, work experience in years and estimated total staff

months category wise.

C-3 List of approved Sub-Consultants (if already available); same information with respect to

their Personnel as in C-1.

SJVN Ltd.




APPENDIX-D

Not Applicable

SJVN Ltd.




APPENDIX-E

INPUTS PROVIDED BY THE CLIENT

Refer Sub-Clause 6.5.0 of GCC under SECTION-6

Note: List here the inputs to be made available to the Consultant by the Client.

Client shall make available free of any charge all reports, maps, charts, hydrological data,

topographical survey details of project site, salient features, total land requirement, details of project

affected families, muck dumping details, pre-feasibility, feasibility and other project related

engineering reports, etc. as available with the Client to the consultant to complete EIA/EMP study

for obtaining environment clearance from Ministry of Environment Forests & Climate change, GOI

in accordance with Ministry's prescribed procedure/guidelines.

SJVN Ltd.




APPENDIX-F

PROFORMA OF BANK GUARANTEE FOR BID SECURITY

(Refer Sub-Clause 2.3.11 of ‘Instruction to the Consultants’ under SECTION-2)

(APPLICABLE IN CASE AMOUNT IS MORE THAN 10 LAKHS)

Not Applicable

SJVN Ltd.




APPENDIX-G

PROFORMA OF BANK GUARANTEE FOR PERFORMANCE SECURITY

(Refer Clause 2.8.0 of ‘Instruction to the Consultants’ under SECTION-2)

To

The SJVN Ltd.,

_________________________

_________________________

(Address of SJVN)

WHEREAS (Name and Address of Consultant) ______________________________

___________________________________________________________ having their registered

office at ________________________________________________

(here-in-after called the consultant”) has undertaken, in pursuance of contract

No._____________________ dated ___________ to execute (Name of contract and Brief

Description of works) _________________________________ (here-in-after called “the

Contract”.

AND WHEREAS it has been stipulated by you in the said contract that the consultant shall

furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as security

for compliance with his obligations in accordance with the contract;

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

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you, on

behalf of the consultant, upto a total of (Amount(s) of Guarantee (both in figures and words)

____________________________________________________

(to be inserted by the Guarantor, and denominated in the currency(ies) of the contract), such sum

being payable in the types of currencies in which the contract price is payable, and we undertake

to pay you, upon your first written demand and without cavil or argument, any sum or sums

within the limits of (Amount(s) of Guarantee both in figures and words)

_______________________ as aforesaid without your needing to prove or to show grounds or

reasons for your demand for the sum(s) specified therein.

We hereby waive the necessity of your demanding the said debt from the consultant before

presenting us with the demand.

SJVN Ltd.




We further agree that no change or addition to or other modification of the terms of the contract

or of the works to be performed thereunder or of any of the Contract Documents which may be

made between you and the consultant shall in any way release us from any liability under this

guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid for period of ………… months from the date of signing the

contract.

SIGNATURE AND SEAL OF THE GUARANTOR

Name of Executing Officer:

Designation:

Signing Power No./ Power of Attorney No.:

Name of Bank:

Address:

Date:

Witnesses 1) Signature -----------------------

Name -----------------------

Address -----------------------

2) Signature -----------------------

Name -----------------------

Address -----------------------

SJVN Ltd.




INSTRUCTIONS FOR EXECUTION OF BANK GUARANTEE FOR PERFORMANCE

SECURITY.

1. Bank Guarantee for performance security should be executed on non-judicial stamp papers of

requisite value in accordance with the Stamp Act applicable to that particular State of Indian

Union, where executed. In case the same is issued by a Foreign Bank, the law prevalent in

the country of execution shall prevail. However, in such a case, the Bank Guarantee for

performance security shall be routed through the corresponding branch of such foreign bank

in India or the State Bank of India/ any Nationalized Bank, acceptable to SJVN.

2. The Bank Guarantee for performance security should be in the same denominations of the

currencies of payments as sought under the provisions of the contract.

3. The executing officers of the Bank Guarantee for performance security shall clearly indicate

in (Block Letters) his name, designation, Power of Attorney no. / Signing Power no. etc.

4. The each page of the Bank Guarantee for performance security shall be duly signed / initialed

by the executing officers and the last page shall be signed in full, indicating the particulars as

aforesaid (sub-Para 3), under the seal of the Bank.

5. Country of execution of Bank Guarantee : India

SJVN Ltd.




APPENDIX-H

(Scanned, signed copy by Employer is attached separately and to be uploaded by consultant after signing the

same along with bid.

To be executed on plain paper at the time of submission of bid and on legal paper of appropriate value by

successful bidder (Contractor) prior to signing of Contract Agreement)

PRE CONTRACT INTEGRITY PACT

Between SJVN Limited, a company incorporated under the Companies Act 1956 and having its office at Shanahan, PO Malyana, Shimla – 171006 (H.P.), hereinafter referred to as “The Employer” which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns of the First Part.

And M/s __________________________ , a company/ firm/ individual (status of the company) and having its registered office at ___________________ _____ represented by Shri ___________________, hereinafter referred to as “The Bidder/Contractor” which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns of the Second

Part. WHEREAS the Employer proposes to procure under laid down organizational procedures, contract for Consultancy services for Environment Clearance of Jangi-Thopan-Powari HEP,(780 MW) in District Kinnaur, Himachal Pradesh, India and the Bidder/Contractor is willing to offer against NIT No. DCB-CCD- JTPHEP-760-01. WHEREAS the Bidder/Contractor is a private company / public company/Government undertaking/partnership/consortium/joint venture constituted in accordance with the relevant law in the matter and the Employer is a Public Sector Enterprise. NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered into with a view to:- Enabling the Employer to obtain the desired said (work/ goods/ services) at a competitive price in conformity with the defined specifications by avoiding the

SJVN Ltd.




high cost and the distortionary impact of corruption on public procurement, and Enabling the Bidder(s)/Contractor(s) to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and other corrupt practices and the Employer will commit to prevent corruption, in any form, by its officials by following transparent procedures. 1.0 Commitments of the Employer 1.1 The Employer undertakes that no official of the Employer, connected

directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial benefit or any other advantage from the Bidder/Contractor, either for themselves or for any person, organization or third party related to the contract in exchange for an advantage in the bidding process, bid evaluation, contracting or implementation process related to the contact.

1.2. The Employer will, during the pre-contract stage, treat all the

Bidders/Contractors alike, and will provide to all the Bidders/Contractors the same information and will not provide any such information to any particular Bidder/Contractor which could afford an advantage to that particular Bidder/Contractor in comparison to other Bidders/Contractors.

1.3. All the officials of the Employer will report to the appropriate Authority any

attempted or completed breaches of the above commitments as well as any substantial suspicion of such a breach.

2.0 In case any such preceding misconduct on the part of such official(s) is

reported by the Bidder to the Employer with full and verifiable facts and the same is prima facie found to be correct by the Employer, necessary disciplinary proceedings, or any other action as deemed fit, including criminal proceedings may be initiated by the Employer or Independent External Monitor and such a person shall be debarred from further dealings related to the contract process. In such a case while an enquiry is being conducted by the Employer the proceedings under the contract would not be stalled.

3.0 Commitments of the Bidder(s)/Contractor(s)

The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent corrupt practices, unfair means and illegal activities during any stage of its bid or during any pre-contract or post-contract stage in order to

SJVN Ltd.




secure the contract or in furtherance to secure it and in particular commit itself to the following :-

3.1 The Bidder(s)/Contractor(s) will not offer, directly or through

intermediaries, any bribe, gift, consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer, connected directly or indirectly with the bidding process, or to any person, organization or third party related to the contract in exchange for any advantage in the bidding, evaluation, contracting and implementation of the contract.

3.2 The Bidder/Contractor further undertakes that it has not given, offered or

promised to give, directly or indirectly any bribe, gift consideration, reward, favour, any material or immaterial benefit or other advantage, commission, fees, brokerage or inducement to any official of the Employer or otherwise in procuring the Contract or forbearing to do or having done any act in relation to the obtaining or execution of the contract or any other contract with Employer for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with Employer.

3.3 The Bidder(s)/Contractor(s) shall disclose the name and address of agents

and representatives and Indian Bidder(s)/Contractor(s) shall disclose their foreign principals or associates.

3.4 The Bidder(s)/Contractor(s) shall disclose the payments to be made by

them to agents/brokers or any other intermediary, in connection with this bid/contract

3.5 The Bidder, either while presenting the bid or during pre-contract

negotiations or before signing the contract, shall disclose any payments he has made, is committed to or intends to make to officials of the Employer or their family members, agents, brokers or any other intermediaries in connection with the contract and the details of services agreed upon for such payments.

3.6 The Bidder/Contractor will not collude with other parties interested in the

contract to impair the transparency, fairness and progress of the bidding process, bid evaluation, contracting and implementation of the contract.

3.7 The Bidder/Contractor will not accept any advantage in exchange for any

corrupt practice, unfair means and illegal activities. 3.8 The Bidder/Contractor shall not use improperly, for purposes of

competition or personal gain, or pass on to others, any information provided by the Employer as part of the business relationship, regarding

SJVN Ltd.




plans, technical proposals and business details, including information contained in electronic data carrier. The Bidder/Contractor also undertakes to exercise due and adequate care lest any such information is divulged.

3.9 The Bidder(s)/Contractor(s) commits to refrain from giving any complaint

directly or through any other manner without supporting it with full and verifiable facts.

3.10 The Bidder(s)/Contractor(s) shall not instigate or cause to instigate any

third person to commit any of the actions mentioned above. 3.11 If the Bidder/Contractor or any employee of the Bidder/Contractor or any

person acting on behalf of the Bidder/Contractor, either directly or indirectly, is a relative of any of the officers of the Employer, or alternatively, if any relative of an officer of the Employer has financial interest/stake in the Bidder(s)/Contractor(s) firm(excluding Public Ltd. Company listed on Stock Exchange), the same shall be disclosed by the Bidder/Contractor at the time of filling of tender.

The term ‘relative’ for this purpose would be as defined in Section 2(77) of the Companies Act 2013.

3.12 The Bidder(s)/Contractor(s) shall not lend to or borrow any money from or

enter into any monetary dealings or transactions, directly or indirectly, with any employee of the Employer.

4.0 Previous Transgression 4.1 The Bidder(s)/Contractor(s) declares that no previous transgression

occurred in the last three years immediately before signing of this Integrity Pact, with any other company in any country in respect on any corrupt practices envisaged hereunder or with any Public Sector Enterprise in India or any Government Department in India.

5.0 Earnest Money (Security Deposit)

The provision regarding Earnest Money/Security Deposit as detailed in the Notice Inviting Tender (NIT) and Instruction to Consultants (ITC) section of the Tender Document is to be referred.

6.0 Sanctions for Violations 6.1 Any breach of the aforesaid provisions by the Bidder/Contractor or any one

employed by it or acting on its behalf shall entitle the Employer to take

SJVN Ltd.




action as per the procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as Annex-A and initiate all or any one of the following actions, wherever required:-

(i) To immediately call off the pre contract negotiations without assigning

any reason or giving any compensation to the Bidder/Contractor. However, the proceedings with the other Bidder(s)/Contractor(s) would continue.

(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either fully or partially, as decided by the Employer and the Employer shall not be required to assign any reason thereof.

(iii) To immediately cancel the contract, if already signed, without giving any compensation to the Contractor. The Bidder/Contractor shall be liable to pay compensation for any loss or damage to the Employer resulting from such cancellation/rescission and the Employer shall be entitled to deduct the amount so payable from the money(s) due to the Bidder/Contractor.

(iv) To encash the Bank guarantee, in order to recover the dues if any by the Employer, along with interest as per the provision of contract.

(v) To debar the Bidder/Contractor from participating in future bidding processes of SJVN Ltd., as per provisions of “Guidelines on Banning of Business Dealings” of SJVN Ltd. (Annex-A), which may be further extended at the discretion of the Employer.

(vi) To recover all sums paid in violation of this Pact by Bidder(s)/Contractor(s) to any middleman or agent or broker with a view to securing the contract.

(vii) In cases where irrevocable Letters of Credit have been received in respect of any contract signed by the Employer with the Bidder/ Contractor, the same shall not be opened/operated.

(viii) Forfeiture of Performance Security in case of a decision by the Employer to forfeit the same without assigning any reason for imposing sanction for violation of this Pact.

6.2 The Employer will be entitled to take all or any of the actions mentioned

at para 6.1 (i) to (viii) of this Pact also on the Commission by the Bidder/Contractor or any one employed by it or acting on its behalf (whether with or without the knowledge of the Bidder/Contractor), of an offence as defined in Chapter IX of the Indian Penal Code, 1860 or Prevention of Corruption Act, 1988 or any other statute enacted for prevention of corruption.

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6.3 The decision of the Employer to the effect that a breach of the provisions of this Pact has been committed by the Bidder/Contractor shall be final and conclusive on the Bidder/Contractor. However, the Bidder/Contractor can approach the Independent External Monitor(s) appointed for the purposes of this Pact.

7.0 Independent External Monitor(s) 7.1 The Employer has appointed Independent External Monitor(s) (hereinafter

referred to as monitors) for this Pact in consultation with the Central Vigilance Commission.

7.2 The task of the Monitors shall be to review independently and objectively,

whether and to what extent the parties comply with the obligations under this Pact.

7.3 The Monitors shall not be subject to instructions by the representatives of

the parties and perform their functions neutrally and independently. 7.4 Both the parties accept that the Monitors have the right to access all the

documents relating to the project/procurement, including minutes of meetings. The right to access records should only be limited to the extent absolutely necessary to investigate the issue related to the subject tender/contract.

7.5 As soon as the Monitor notices, or has reason to believe, a violation of this

Pact, he will so inform CMD, SJVN and request SJVN Ltd. to discontinue or take corrective action, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

7.6 The Bidder(s)/Contractor(s) accepts that the Monitor has the right to

access without restriction, to all Project documentation of the Employer including that provided by the Bidder/Contractor. The Bidder/Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractor(s). The Monitor shall be under contractual obligation to treat the information and documents of the Bidder/Contractor/Subcontractor(s) with confidentiality.

7.7 The Employer will provide to the Monitor sufficient information about all

meetings among the parties related to the project provided such meetings could have an impact on the contractual relations between the parties. The

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parties will offer to the Monitor the option to participate in such meetings as and when required.

7.8 The Monitor will submit a written report to the CMD, SJVN Ltd., within 8 to

10 weeks from the date of reference or intimation to him by the Employer/Bidder and should the occasion arise, submit proposals for correcting problematic situations.

7.9 The word ‘Monitor’ would include both singular and plural. 8.0 Facilitation of Investigation

In case of any allegation of violation of any provisions of this Pact or payment of commission, the Employer or its agencies shall be entitled to examine all the documents including the Books of Accounts of the Bidder/Contractor and the Bidder/Contractor shall provide necessary information and documents in English and shall extend all possible help for the purpose of such examination.

9.0 Law and Place of Jurisdiction

This Pact is subject to Indian Law. The place of performance and jurisdiction is the Registered Office of the Employer, i.e. Shimla (H.P.). The arbitration clause provided in the tender document/contract shall not be applicable for any issue/dispute arising under Integrity Pact.

10.0 Other Legal Actions 10.1 The actions stipulated in this Integrity Pact are without prejudice to any

other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

10.2 Changes and supplements as well as termination notice need to be made

in writing. 10.3 If the Contractor is a partnership or a consortium or a joint venture, this

pact must be signed by all partners of the consortium/joint venture.

11.0 Validity 11.1 The validity of this Integrity Pact shall be from date of its signing and

extend upto 5 years or the complete execution of the contract to the satisfaction of both the Employer and the Bidder/Contractor/Seller, including warranty period, whichever is later. In case BIDDER is

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unsuccessful, this Integrity Pact shall expire after six months from the date of the signing of the contract.

11.2 Should one or several provisions of this Pact turn out to be invalid, the

remainder of this Pact shall remain valid. In this case, the parties will strive to come to an agreement to their original intention.

12.0 The Parties hereby sign this Integrity Pact at ____________ on

______________.

Employer Name of the Officer Designation Place---------------- Date---------------

Bidder (Authorised Person) (Name of the Person) Designation Place-------------- Date--------------

Witness1._______________________ (Name and address) 2.__________________________ (Name and address)

Witness1.__________________________ (Name and address) 2.__________________________ (Name and address)

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Annex-A

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GUIDELINES ON BANNING OF BUSINESS DEALINGS

1.0 Introduction 1.1 SJVN Limited (SJVN) deals with Agencies viz. parties/ contractors/

suppliers/ bidders, who are expected to adopt ethics of highest

standards and a very high degree of integrity, commitments and sincerity

towards the work undertaken. It is not in the interest of SJVN to deal

with Agencies who commit deception, fraud or other misconduct in the

tendering process.

1.2 Since banning of business dealings involves civil consequences for an

Agency concerned, it is incumbent that adequate opportunity of hearing

is provided and the explanation, if tendered, is considered before passing

any order in this regard keeping in view the facts and circumstances of

the case.

2.0 Scope

2. 1 The Information for Bidders/ Instruction to Bidders and even the

General Conditions of Contract (GCC) of SJVN generally provide that

SJVN shall have the rights to remove from list of approved suppliers /

contractors or to ban business dealings if any Agency has been found to

have committed misconduct or fraud or anything unethical not expected

from a reputed contractor.

2.2 The procedure of (i) Removal of Agency from the List of approved

suppliers / contractors; (ii) Suspension and (iii) Banning of Business

Dealing with Agencies, has been laid down in these guidelines.

2.3 These guidelines shall apply to all the Projects/ Power Stations/ Regional

Offices/ Liaison Offices of SJVN.

2.4 It is clarified that these guidelines do not deal with the poor performance

of the contractors/ Agencies.

2.5 The banning shall be with prospective effect, i.e. future business

dealings.

3.0 Definitions

In these Guidelines, unless the context otherwise requires:

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i) “Party / Contractor / Supplier / Bidders” shall mean and include a

public limited company or a private limited company, a joint Venture,

Consortium, HUF, a firm whether registered or not, an individual,

cooperative society or an association or a group of persons engaged in

any commerce, trade, industry, etc. “Party / Contractor/ Supplier /

Bidder’ in the context of these guidelines is indicated as ‘Agency’.

ii) “Unit” shall mean the Project/ Power Station/ Regional Office/

Liaison Office.

iii) “Competent Authority” and ‘Appellate Authority’ shall mean the

following:

The concerned Director shall be the ‘Competent Authority’ for the

purpose of these guidelines.

CMD shall be the ‘Appellate Authority’ in respect of such cases.

iv) “Investigating Committee” shall mean any Officer/Committee

appointed by Competent Authority to conduct investigation.

v) “List of approved Agencies viz Parties / Contractors /

Suppliers/Bidders” shall mean and include list of Parties/

Contractors / Suppliers / Bidders etc if registered with SJVN.

4.0 Initiation of Banning / Suspension

Action for banning /suspension business dealings with any Agency shall

be initiated by the department responsible for invitation of bids after

noticing the irregularities or misconduct on the part of Agency

concerned. Besides the concerned department, Vigilance Department of

each Unit/ Corporate Vigilance may also be competent to initiate such

action.

5.0 Suspension of Business Dealings.

5.1 If the conduct of any Agency dealing with SJVN is under investigation,

the Competent Authority may consider whether the allegations (under

investigation) are of a serious nature and whether pending investigation,

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it would be advisable to continue business dealing with the Agency. If the

Competent Authority, after consideration of the matter including the

recommendation of the Investigating Committee, if any, decides that it

would not be in the interest to continue business dealings pending

investigation, it may suspend business dealings with the Agency. The

order of suspension would operate for a period not more than six months

and may be communicated to the Agency as also to the Investigating

Committee. The Investigating Committee may ensure that their

investigation is completed and whole process of final order is over within

such period. However, if investigations are not completed in six months

time, the Competent Authority may extend the period of suspension by

another three months, during which period the investigations must be

completed.

5.2 The order of suspension shall be communicated to all Departmental

Heads of SJVN and Heads of the Units. During the period of suspension,

no business dealing may be held with the Agency.

5.3 As far as possible, the existing contract(s) with the Agency may continue

unless the Competent Authority, having regard to the circumstances of

the case, decides otherwise.

5.4 If the Agency concerned asks for detailed reasons of suspension, the

Agency may be informed that its conduct is under investigation. It is not

necessary to enter into correspondence or argument with the Agency at

this stage.

5.5 It is not necessary to give any show-cause notice or personal hearing to

the Agency before issuing the order of suspension.

6.0 Ground on which Banning of Business Dealings can be initiated:

6.1 If the security consideration, including questions of loyalty of the Agency

to SJVN so warrants;

6.2 If the director /owner of the Agency, proprietor or partner of the firm, is

convicted by a Court of Law for offences involving moral turpitude in

relation to its business dealings with the Government or any other public

sector enterprises, during the last three years.

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6.3 If business dealings with the Agency have been banned by the

Department of Power, Government of India.

6.4 If the Agency has resorted to corrupt, fraudulent practices including

misrepresentation of facts;

6.5 If the Agency uses intimidation / threatening or brings undue outside

pressure on SJVN or its official for acceptance / performances of the job

under the contract;

6.6 If the Agency misuses the premises or facilities of SJVN, forcefully

occupies or damages SJVN’s properties including land, water resources,

forests / trees or tampers with documents/records etc. (Note: The

examples given above are only illustrative and not exhaustive. The

Competent Authority may decide to ban business dealing for any good

and sufficient reason).

7.0 Banning of Business Dealings

7. 1 A decision to ban business dealings with any Agency shall apply

throughout SJVN.

7.2 There will be an Investigating Committee consisting of officers not below

the rank of AGM/DGM from Indenting Division, Finance, Law and

Contracts. Member from department responsible for invitation of bids

shall be the convener of the committee. The functions of the committee

shall, inter-alia include:

i) To study the report of the unit/division responsible for invitation of

bids and decide if a prima-facie case for banning exists, if not, send

back the case to the Competent Authority.

ii) To recommend for issue of show-cause notice to the Agency by the

concerned unit/division as per clause 9.1.

iii) To examine the reply to show-cause notice and call the Agency for

personal hearing, if required.

iv) To submit final recommendations to the Competent Authority for

banning or otherwise.

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8.0 Removal from List of Approved Agencies - Suppliers/ Contractors,

etc.

8.1 If the Competent Authority decides that the charge against the Agency is

of a minor nature, it may issue a show-cause notice as to why the name

of the Agency should not be removed from the list of approved Agencies -

Suppliers / Contractors, etc.

8.2 The effect of such an order would be that the Agency would not be

qualified for competing in Open Tender Enquiries or Limited Tender

Enquiries till the period mentioned in the order.

8.3 Past performance of the Agency may be taken into account while

processing approval of the Competent Authority for award of the

contract.

9.0 Show-cause Notice

9.1 In case where the Competent Authority decides that action against an

Agency is called for, a show-cause notice has to be issued to the Agency,

Statement containing the imputation of misconduct or misbehavior may

be appended to the show-cause notice and the Agency should be asked

to submit within 15 days a written statement in its defense.

9.2 If the Agency requests for inspection of any relevant document in

possession of SJVN, necessary facility for inspection of documents may

be provided.

9.3 The Competent Authority may consider and pass an appropriate

speaking order:

a) For exonerating the Agency if the charges are not established;

b) For removing the Agency from the list of approved Suppliers /

Contactors, etc.

c) For banning the business dealing with the Agency.

9.4 If it decides to ban business dealings, the period for which the ban would

be operative may be mentioned.

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10.0 Appeal against the Decision of the Competent Authority

10.1 The Agency may file an appeal against the order of the Competent

Authority banning business dealing etc. The appeal shall be filed to

Appellate Authority. Such an appeal shall be preferred within one month

from the date of receipt of the order banning business dealing, etc.

10.2 Appellate Authority would consider the appeal and pass appropriate

order which shall be communicated to the Agency as well as the

Competent Authority.

11.0 Circulation of the names of Agencies with whom Business Dealings

have been banned

i) The concerned unit shall forward the name and details of the Agency(ies) banned to IT&C Division of Corporate Office for displaying the same on SJVN website.

ii) Corporate Contracts Department shall also forward the name and

details of the Agency(ies) banned to the Ministry of Power, GoI besides forwarding the name and details to the contracts/procurement group of all CPSUs of power sector.

______________

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FORM OF DECLARATION OF ELIGIBILITY

UNDERTAKING

I / We, M/s ………………………………..(Name of Bidder) hereby certify that I /

we have not been banned /de-listed/ black listed / debarred from business by

any PSU / Govt. Department during last 03 (three) years on the grounds

mentioned in para 6 of Guidelines on banning of Business dealing, ITB

Clause……………of Tender Document.

(Seal & signature of the Bidder)

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APPENDIX-I

POWER OF ATTORNEY

(On Non-Judicial Stamp Paper of Appropriate to value)

{Refer Sub-Clause1.7.8 of Section-1 and Sub-clause 2.4.3 of ‘Instructions to

Consultants’ under SECTION-2}

Know all men by these presents we M/s ………………………………………., a

company organized and existing under the laws of (name of Place)

…………….…………… and having its registered/principal office /place of

business at…………………………………………..………..…… (the “Executant”) do

hereby nominate, constitute, authorize and appoint Mr. […………name of

attorney…………], son of [……………..…] and presently employed with

Executant as ……………..[Insert position of employment] as our true and lawful

attorney (the “Attorney”) to do in our name and on our behalf all or any of the

following acts, deeds and things in connection with or in respect of Consultancy

services carrying out {INSERT NAME OF WORK}for{INSERT PROJECT NAME}in

{INSERT DISTRICT NAME}of{INSERT STATE, INSERT COUNTRY, DCB/ICB

No...........}. (the “Works”) invited by SJVN Ltd., having its registered office /principal

place of business at at SJVN Corporate Office Complex, Shanan, Shimla-171006

(H.P.) India (the “Client”) that is to say:

1. To prepare, offer, sign, submit and deliver to the Employer the Executant’s bid for the

Consultancy services for {INSERT NAME OF WORK}for{INSERT PROJECT

NAME}in{INSERT DISTRICT NAME}of{INSERT STATE, INSERT COUNTRY}(the

“Bid”) including to make, sign, submit, deliver, execute, and accept all documents,

information, applications and other writings necessary for or incidental to the signing,

submission and delivery of the Bid to the Client;

2. To negotiate, enter into, sign and execute, accept and deliver all contracts

undertakings, acceptances and other writings consequent upon acceptance of the

Executant’s Bid and thereafter during the execution of the Contract;

3. Participate in bidders’ and other conferences and provide all information required

by the Client and to furnish/ seek clarifications arising out of or relating to the

Consultancy services and, at any stage as well as upon award of the contract

consequent to the acceptance of the Executant’s Bid by the Client and thereafter

during the execution of the Contract;

4. To sign, represent and act on behalf of the Executant in respect of all matters

before the Client relating to the Executant to Bid and upon the acceptance of the

Executant’s Bid by the Client including the resultant contract on such acceptance

of the Executant’s Bid (the “Contract Agreement”) in respect of all matters

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relating to or arising out of or concerning the Contract Agreement and to

generally deal with the Client on behalf of the Executant in all matters arising out of or

in connection with or relating to or arising out of the Executant’s Bid, the

Contract Agreement in the event of acceptance of the Executant’s Bid by the Client and

thereafter during the execution of the Contract;

5. And generally to do any and all other and further acts, deeds and things which are

necessary for or incidental to or deemed appropriate for more effectual exercise of the

powers hereby conferred. AND We, the Executant above named do hereby agree and

undertake to ratify and confirm and do hereby ratify and confirm all acts, deeds and

things lawfully done or caused to be done by our said Attorney pursuant to and in

exercise of the powers hereby conferred and all acts, deeds and things done or caused to

be done by our said Attorney pursuant hereto shall always be deemed to be the acts,

deeds and things done by Executant personally.

IN WITNESS WHEREOF, THIS POWER OF ATTORNEY ON THIS [………] DAY

OF [………………..], [20…..]………………. ……………………………….

1. For M/s ……………….…………….

(Consultant)

……………………………….

(Signature of the authorized representatives)

Name ……………………………….

Designation …………………………

Seal of the firm ……………………….

WITNESSES

1. …………………………………..

………………………………….

(Name & address)

2. …………………………………..

………………………………….

(Name & address)

[Notarized]

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APPENDIX-J

R.T.G.S. FORM

To

HOD (F&A)

Finance & Accounts Department

SJVN Corporate Office Complex,

Shanan, Shimla-171006

{Through HOD/In-charge (Contracts)}

Dear Sir,

Ref.: Authorization for payments through Electronic Fund Transfer System.

We, hereby authorize SJVN Ltd. (Complete address of the Unit with Postal Code) to make all

payments due to us through RTGS System. The details of facilitating the payments are given below:-

(TO BE FILLED IN CAPITAL LETTER)

1. NAME OF THE BENEFICIARY:

2. ADDRESS

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3. TELEPHONE NO. (WITH ISD/STD CODE):

4. FAX NO. (WITH ISD/STD CODE):

5. BANK PARTICULARS:

a) BANK NAME:

b) BANK TELEPHONE NO. (WITH ISD/STD CODE):

1

c) BRANCH ADDRESS (WITH BRANCH CODE):

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d) BANK FAX NO. (WITH ISD/STD CODE):

e) 9 DIGIT MICR CODE OF THE BANK BRANCH: (ENCLOSE COPY OF A

CANCELLED CHEQUE)

f) RTGS/SWIFT CODE OF THE BANK:

BANK ACCOUNT NUMBER:

h) BANK ACCOUNT TYPE (TICK ONE);

SAVING LOAN CASH CREDIT OTHERS

IF OTHERS, SPECIFY;

6. PERMANENT ACCOUNT NUMBER (PAN):

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7.E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF

PAYMENTS:

It is certified that the particulars given above are correct and complete. If the transaction is

delayed or credit is not effected at all for reason of incomplete or incorrect information. I /

we would not hold the company responsible.

SIGNATURE

DATE :

(AUTHORIZED SIGNATORY)

NAME:

(OFFICIAL STAMP)

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BANK CERTIFICATION:

It is certified that above-mentioned beneficiary hold a Bank Account

No……………..with our branch and the Bank particulars mentioned above are correct.

SIGNATURE

DATE :

(AUTHORIZED SIGNATORY)

NAME :

(OFFICIAL STAMP)

.