PMSCNIT

GOVERNMENT OF MANIPUR
PUBLIC HEALTH ENGINEERING DEPARTMENT
TENDER DOCUMENT
International Competitive Bidding (E-tender)
No. CE/PHE/TECH/2-469/PM&SC/2022/3522,
dated : 15/03/2022.
Name of work: Project Management and Supervision

Consultant (PM&SC) for Integrated Sewerage System for
Imphal City Phase II.
Issued by:-
CHIEF ENGINEER,
PUBLIC HEALTH ENGINEERING DEPARTMENT,
GOVERNMENT OF MANIPUR.
ABBREVIATION
IFB Invitation for Bid
QCBS Quality Cost Based Selection
RFP Request for proposal
NIT Notice Inviting Tender
BDS Bid Data Sheet
DD Demand Draft
PIU Project Implementing Unit
PM&SC Project Management and Supervision Consultant
SQC Quality Control Consultant
DSC Design and Supervision Consultant
EHS Environment Health and Safety
CPHEEO Central Public Health & Environmental Engineering Organization
DTL Deputy Team Leader
GST Goods and Services Tax

TABLE OF CONTENTS
NOTICE INVITING TENDER FOR PROJECT MANAGEMENT AND SUPERVISION CONSULTANT
(PM&SC) ................................................................................................................................................................ 1
INVITATION FOR REQUEST FOR PROPOSAL ........................................................................................... 3
SECTION- 1: LETTER OF INVITATION ............................................................................................................ 5
SECTION-2: INSTRUCTIONS TO BIDDERS...................................................................................................... 6
1. INTRODUCTION ..................................................................................................................................... 6
2. CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS .................................................... 8
3. PREPARATINON OF THE PROPOSAL................................................................................................. 8
4. THE TECHNICAL PROPOSAL .............................................................................................................. 9
5. FINANCIAL PROPOSAL ...................................................................................................................... 10
6. SUBMISSIONS, RECEIPT, AND OPENING OF PROPOSALS .......................................................... 11
7. PROPOSAL EVALUATION .................................................................................................................. 11
8. OPENING AND EVALUATION OF FINANCIAL PROPOSALS ....................................................... 12
9. NEGOTIATIONS.................................................................................................................................... 14
10. CONFIDENTIALITY ......................................................................................................................... 14
11. AWARD OF CONTRACT ................................................................................................................. 14
12. GRIEVANCE REDRESSAL/ COMPLAINT PROCEDURE ................................................................. 14
13. CONTRACT COMMENCEMENT DATE ........................................................................................ 16
ANNEXURE–I: DATA SHEET ...................................................................................................................... 17
ANNEXURE–II: EVALUATION CRITERIA OF TECHNICAL PROPOSAL.............................................. 19
SECTION – 3 (TECHNICAL PROPOSAL STANDARD FORMS CONTENTS) ............................................. 22
ANNEXURE III: FORMAT OF COVER LETTER FOR SUBMISSION OF TECHNICAL PROPOSAL .... 23
FORM TECH-1 ................................................................................................................................................ 24
FORM TECH- 2, 3 AND 4............................................................................................................................... 25
FORM TECH-3 ................................................................................................................................................ 26
FORM TECH-4 ................................................................................................................................................ 27
FORM TECH-5 ................................................................................................................................................ 28
FORM TECH-6 ................................................................................................................................................ 30
SECTION-4: FINANCIAL PROPOSAL STANDARD FORMS ........................................................................ 31
ANNEXURE IV: FORMAT OF COVER LETTER FOR SUBMISSION OF FINANCIAL PROPOSAL ..... 35
FORM FIN-1 .................................................................................................................................................... 36
FORM FIN-2 .................................................................................................................................................... 37
FORM FIN-3 (a) ............................................................................................................................................... 38
FORM FIN-3 (b)............................................................................................................................................... 39
SECTION-5 (TERMS OF REFERENCE (TOR) FOR PROJECT MANAGEMENT AND SUPERVISION
CONSULTANT (PM&SC)) ................................................................................................................................. 40
SECTION- 6 ......................................................................................................................................................... 51
AGREEMENT FOR CONSULTANT’S SERVICES Between ....................................................................... 51
GENERAL CONDITIONS OF AGREEMENT (GC)...................................................................................... 53
SPECIAL CONDITIONS OF AGREEMENT (SC) ......................................................................................... 66
APPENDIX - I ...................................................................................................................................................... 67
APPENDIX: II...................................................................................................................................................... 68
APPENDIX: III .................................................................................................................................................... 69
APPENDIX-IV ..................................................................................................................................................... 70
APPENDIX-V ...................................................................................................................................................... 71
APPENDIX-VI ..................................................................................................................................................... 72
GOVERNMENT OF MANIPUR
PUBLIC HEALTH ENGINEERING DEPARTMENT
No. Bid No. CE/PHE/TECH/2-469/PM&SC/2022/3522 Date: 15/03/2022.
NOTICE INVITING TENDER FOR PROJECT MANAGEMENT AND

SUPERVISION CONSULTANT (PM&SC)
The Government of India (GoI) has proposed for financing from the New
Development Bank (‘NDB’) in the form of a loan towards the cost of execution of Integrated
Sewerage system for Imphal City Phase II. Public Health Engineering Department (PHED),
the implementing agency (hereinafter called ‘Agency’) intends to apply a portion of the
proceeds of this loan to eligible payments under the contract for which this Request for
Proposals is issued.
The Agency now invites proposals to provide the following Project Management and
Supervision Consultancy Services (hereinafter called ‘Services’), from the reputed
consultancy firms, which are incorporated in any one of the NDB member countries
(Brazil, Russia, India, China, South Africa, United Arab Emirates, Uruguay, Bangladesh and
Egypt). More details on the Services are provided in the Terms of Reference (Section 5,
TOR).
The brief details of tender are as below.
Sl.
Particulars Description
No.
1 Name of the work Project Management & Supervision Consultant (PM&SC)
for Integrated Sewerage System for Imphal City Phase II
2. Mode of tendering e-tender
3. Probable amount of
contract (PAC) for
consultancy services
Rs. 10,51,00,000/-(Rupees ten crore fifty one lakhs)only.
(inclusive of all
applicable taxes i/c
labour cess and GST)
4. Cost of Bidding Rs. 25,000/- in the form of Demand Draft in favour of
Document “Executive Engineer, Drainage and Sewerage Division
PHED, Manipur” payable at Imphal (Non Refundable)
5. EMD (Bid Security) Rs. 20,51,000/- (Rupees Twenty Lakh Fifty one
Thousand) only in the form of Demand Draft/ Bank
Guarantee in favour of “Executive Engineer, Drainage
and Sewerage Division, PHED, Manipur” payable at
Imphal
6. Completion Period 36 (Thirty six) months
7. Required validity of Bid 90 days from the last date of online submission of Bids.
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INVITATION FOR REQUEST FOR PROPOSAL
Project Management & Supervision Consultant (PM&SC)
PHED, Government of Manipur
Brief Description of Project

Public Health Engineering Department (PHED), Government of Manipur, Imphal is entrusted
with the execution of Integrated Sewerage System for Imphal City Phase II. PHED, Manipur
intends to engage a Consultant under a single consultancy Project Management and
Supervision Consultancy Services for the execution and trial run period i.e 3 years of this
NDB assisted Sewerage project for Manipur State.
The nature of services provided by PM&SC will include, but will not be limited to, advising
and assisting the PHED, Imphal in quality and capacity enhancement of the executing agency
at the Project Execution stage with due emphasis on Capacity Building, Training, monitoring
& management. The scope of services would include work from execution, monitoring to
final completion of project and providing 2nd tier independent quality monitoring and
reporting etc.
The firm should fulfill the following minimum criteria for considering them to be
qualified for the assessment of their offer-
 Consulting firms incorporated in any of the member countries of New Development
Bank (NDB) only are eligible to apply.
 The firm should have minimum average annual turnover of INR 3.15 Crores in the
last 3 financial years.
 The firm should have experience as Project Management Consultant (PMC) /
Supervision and Quality Control Consultant (SQC) / Design and Supervision
Consultant (DSC) / Program Manager for at least ONE Urban/Rural Sewerage projects
costing more than INR 8.41 Crore OR TWO Urban/Rural Sewerage Projects costing
more than INR 5.26 Crores each OR THREE Urban/Rural Sewerage projects costing
more than INR 4.20 Crores each for PMC/SQC/DSC Consultancy since 1st April 2012.
The Firm should submit completion certificate of the aforesaid projects.
 Successful completion of at least ONE Sewerage project consultancy assignments
funded by multi-lateral financial Institutions or Government of NDB member countries
with total contract value not less than INR 3.15 Crores.
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 Details of Sewerage Project, Phase-II with cost and salient features are shown as below.
Estimated
Sr.
Project Project Cost Salient Feature
No.
(INR in Cr.)
Integrated Sewerage Providing Sewerage Infrastructure in 16
1 1255.84
system for Imphal Imphal Municipal Corporation (IMC)
City Phase II wards of Imphal City having
components:
 Sewage Treatment Plants.
 Pumping stations with Electro-
mechanical components
 Sewerage mains & sewage collection
network
 Laboratory & administrative building
 Electrical feeder line
 SCADA installation
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REQUEST FOR PROPOSALS (RFP)
SECTION- 1: LETTER OF INVITATION
For Full Technical Proposals and Financial Proposal Using Quality Cost Based
Selection (QCBS) Method
Ref. No.: Dated:
…………………………………….. [Contact Person & Designation]

…………………………………….. [Name of Firm & Address]
Dear Mr. /Ms.
PROJECT MANAGEMENT&SUPERVISION CONSULTANT

1. Public Health Engineering Department (PHED), Government of Manipur- herein
after referred to as the ‘Agency’ invites Proposals for the Project Management &
Supervision Consultancy Services.
2. The Background Information and Terms of Reference for the Consulting services are
provided in Section 5 of the Request for Proposal (RFP).
3. The RFP includes the following documents:
Section 1: Letter of Invitation
Section 2: Instructions to Consultants including Data Sheet and Evaluation Criteria
Section 3: Technical Proposal Standard Forms
Section 4: Financial Proposal Standard Forms
Section 5: Terms of Reference
Section 6: Standard Form of Contract
Annexure I: Data sheet
Annexure II: Evaluation Criteria
Annexure III: Format for submission of Technical Proposal.
Annexure IV: Format for submission of Financial Proposal.
Appendices I to V.
Yours sincerely,
(Authorized Signatory)
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SECTION-2: INSTRUCTIONS TO BIDDERS
1. INTRODUCTION
General
1.1 Selection of bidder by the Agency will be based on Quality Cost Based Selection
(QCBS) Method.
1.2 Bidders should familiarize themselves with local conditions and take them into
account in preparing their Proposals. To have an idea of the assignment and local
conditions, Bidders are encouraged to visit the project area. The Consultant’s
representatives may contact the Agency’s representative named in the Data Sheet for
this purpose.
1.3 Bidders shall bear all costs associated with the preparation and submission of their
Proposals. The Agency 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 Bidders.
1.4 In preparing their Proposals, Bidders 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.
1.5 To assist in the examination, evaluation, and comparison of the Technical and Financial
Proposals, the agency may, at its discretion, ask any Bidder for a clarification of its
Proposal. Any clarification submitted by a Bidder that is not in response to the request
by the agency shall not be considered. The agency’s request for clarification and the
response shall be in writing. No change in the substance of the Technical Proposal or
Financial Proposal shall be sought, offered, or permitted. Any effort by the firm to
influence the agency in the proposal evaluation, proposal comparison or contract award
decisions may result in the rejection of the Bidder’s proposal.
1.6 Joint ventures & Associations allied are not allowed.
1.7 Code of Integrity for Public procurement:
Bidders should observe the highest standard of ethics and will not indulge in the
following prohibited practices, either directly or indirectly, at any stage during the
procurement process or during execution of resultant contracts:
i). “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or

gifts or any material benefit, in exchange for an unfair advantage in the
procurement process or to otherwise influence the procurement process or
contract execution;
ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or

attempt to mislead so that financial or other benefits may be obtained, or an
obligation avoided. This includes making false declaration or providing false
information for participation in a tender process or to secure a contract or in
execution of the contract;
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iii) “Anti-competitive practice”: any collusion, bid rigging or anti-competitive
arrangement, or any other practice coming under the purview of The Competition
Act, 2002, between two or more bidders, with or without the knowledge of the
Agency, that may impair the transparency, fairness and the progress of the
procurement process or to establish bid prices at artificial, non-competitive levels;
iv) “Coercive practice”: harming or threatening to harm, persons or their property to

influence their participation in the procurement process or affect the execution of a
contract;
v) “Conflict of interest”: participation by a bidding firm or any of its affiliates that are
either involved in the consultancy contract to which this procurement is linked; or
if they are part of more than one bid in the procurement; or if the bidding firm or
their personnel have relationships or financial or business transactions with any
official of Procuring Entity who are directly or indirectly related to tender or
execution process of contract; or improper use of information obtained by the
(prospective) bidder from the Procuring Entity with an intent to gain unfair
advantage in the procurement process or for personal gain and
vi) “Obstructive practice”: materially impede the Agency’s investigation into

allegations of one or more of the above mentioned prohibited practices either by
deliberately destroying, falsifying, altering; or by concealing of evidence material
to the investigation; or by making false statements to investigators and/or by
threatening, harassing or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; or by impeding the Agency’s rights of audit or access to information.
Declaration in the form of Appendix-VI should also be submitted.
1.8 No cost escalation is allowed.
1.9 There will be no advance payment.
Submission of Proposal
1.10 Bidder is allowed to submit only one bid.
Proposal Validity
1.11 The Data Sheet indicates how long the Bidder’s Proposals must remain valid after the
submission date.
Bid Guarantee (EMD)
1.12 The bid guarantee in the form of DD/BG from any nationalized/ Scheduled Bank, for
Rs. 20,51,000/- (Rupees Twenty Lakh Fifty One Thousand) only in favor of
“Executive Engineer, Drainage and Sewerage Division, PHED, Manipur” shall be
submitted by each bidder. The validity of DD/BG shall cover the validity period of 90
days after the dateline of bid submission. This bid guarantee would be submitted in a
separate sealed envelope other than the Technical and Financial proposal envelopes.
The offers received on the date of submission will be opened in the presence of bidders
to find out compliance of this requirement. Offers submitted without bid guarantee or
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with invalid bid guarantee would be rejected outright. The bid guarantee of the
successful bidder will be released to him on receipt of initial performance security as
stated in Clause 8 of the TOR (Section 5) and signing of agreement as per Section 6.
The bid guarantee furnished by the bidders who are unsuccessful will be released
immediately after the opening of the tenders, or latest within a week from the date of
receipt of tenders.
1.13 Restriction on Participation of Government Employees: - Bidders cannot include
current Government employees of Government of NDB member countries, State, Union
Territories thereof as their resource personnel /experts.
2. CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS

2.1 Bidders may request a clarification of any of the RFP documents prior to pre bid
meeting indicated in the Data Sheet (Annexure-I). Any request for clarification must be
sent in writing to the address indicated in the Data Sheet. These would be clarified
without identifying its source.
Pre-bid meeting
2.2 The bidder or his official representative is invited to attend a pre-bid meeting, which will
take place at time and place indicated in data sheet.
2.3 The purpose of the meeting will be to clarify issues and to answer questions on any
matter related to the RFP that may be raised at that stage.
2.4 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a
bidder.
Amendment to RFP
2.5 At any time before the submission of Proposals, the Agency may, whether at its own
initiative, or in response to a clarification requested by prospective Bidder / firm, or in
response to queries raised at the pre-bid meeting, amend the RFP by issuing an
addendum. The addendum shall be uploaded on PHED, Government of Manipur website
/ e-tender portal website and will be considered as a valid amendment of the RFP. After
the issue of clarification/ amendments/ corrigendum (if any) consequent to the pre-bid
meeting, at least two clear weeks will be given for submission of bids.
3. PREPARATINON OF THE PROPOSAL

3.1 A Bidder’s Proposal (the Proposal) will consist of two (2) components: -
I. The Technical Proposal, and
II. The Financial Proposal
3.2 All related correspondence exchanged by the Bidders would also form part of the
Proposal.
3.3 The Technical & Financial Proposals should include separate cover letters for
each (formats at Annexure III and IV) signed by person(s) with full authorization to
make legally binding contractual (including financial) commitments on behalf of the
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firm. The letter should specify all association arrangements, and certify that each
associated firm will perform its designated tasks under the assignment if the lead
firm is awarded the contract.
The Technical Proposal should clearly demonstrate the Bidder’s understanding of the
assignment requirements and capability and approach for carrying out the tasks set forth
in the TOR through the nominated experts
4. THE TECHNICAL PROPOSAL

General
The Technical Proposal shall not include any financial information and any Technical
Proposals containing financial information shall be declared non-responsive.
Technical Proposal Format and Content
4.1 The Technical Proposal shall contain information indicated in the following paragraphs
from (i) to (ix) using the Standard Technical Proposal Forms (Section 3). The Bidder
must provide such information.
A brief description of the organization and outline of experience of the Bidders on
assignments of a similar nature is required in Form TECH-1. For each assignment, the
outline should indicate inter alia, the assignment, contract amount, and the Bidder's
involvement.
Assignments completed by individual experts working privately or through other
consulting firms cannot be claimed as the experience of the Bidder, but can be claimed
by the individuals themselves in their CVs. Bidders should be prepared to
substantiate the claimed experience if so, requested by the Agency.
A concise, complete, and logical description of how the Bidder's team will carry out the
services to meet all requirements of the TOR in form TECH-2 supported by form
TECH-3.
Comments, if any, on the TOR (to be given in Form TECH–2 to improve
performance in carrying out the assignment. Innovativeness will be appreciated,
including workable suggestions that could improve the quality / effectiveness of the
assignment. In this regard, unless the Bidder clearly states otherwise, it will be assumed
by the Agency that work required to implement any such improvements, are included in
the inputs shown on the Bidder’s Staffing Schedule (Form TECH- 4, Section – 3).
(i) A work plan showing in graphical format (bar chart) the timing of major
activities, anticipated coordination meetings, and deliverables such as reports
required under the TOR ( Section – 5).
(ii) A Staffing Schedule (Form TECH-4, Section 3) indicating clearly the
estimated duration in terms of person-months (shown separately for work in the
field and in the main office for each activity and the proposed timing of each
input for each nominated expert, including main office experts (if required)
using the format shown in Form TECH – 4.
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(iii) An organization chart indicating relationships amongst the Bidder and any
Associate(s), and other parties or stakeholders, if any, involved in the assignment.
Personnel
(iv) The name, age, background employment record, and professional experience of
each nominated expert, with particular reference to the type of experience required
for the assignment should be presented in the CV format shown in Form TECH-5.
A summary should be given in Form TECH – 6.
(v) All nominated experts (except International experts) must be Nationals of one of
the NDB member countries. Only one CV may be submitted for each position.
(vi) Higher rating will be given to nominated experts of consulting firms, if any,
who are regular full-time employees. The Agency defines a regular full-time
employee to be a person who has been employed continuously by the Bidder or
one of its Associates, for more than twelve (12) months prior to the date of
submission of the Proposal.
(vii) The Agency requires that each expert confirm that the content of his/her
Curriculum Vitae (CV) is correct and the experts themselves should sign the
certification of the CV. Copy of the CVs signed by the experts concerned must
be submitted to the Agency prior to commencement of contract negotiations.
(viii) A zero rating will be given to a nominated expert if:-
i. The CV is not signed in accordance with Sub-Clause 4.1 (vii) requirements.
ii. The expert is a current employee of Government of NDB member countries,
State, or Union Territories thereof.
(ix) As a checklist to ensure all these requirements have been complied with, Bidders
are required to complete the ‘Summary of Information on Proposed Experts’,
Form TECH-6.
5. FINANCIAL PROPOSAL
5.1 All information provided in the Bidders Financial Proposal will be treated as
confidential unless otherwise specified. Bidders should consider the detailed scope of
work for PM&SC works as defined in ToR. The Financial Proposal should list all costs
associated with the assignment. These normally cover: Remuneration for staff (Main
office and Site office), office accommodation, transportation (mobilization,
demobilization, local), equipment (vehicles, office equipment, furniture and supplies),
and preparation of reports in requisite number of copies.
5.2 The Financial Proposal must be submitted using the format shown in Section 4 (to
be filled only in the BOQ of e-tender portal). T h e Financial Proposal requires
completion of four forms namely FIN-1, FIN-2, FIN-3(a) and FIN-3(b).
(i) Forms FIN-1 and FIN-2 shown in Section 4 relate to the costs of consulting
services under two distinct categories, namely: (a) Remuneration; and (b) Out-of-
Pocket Expenditures.
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(ii) Remuneration i s divided into billing rate estimates for expert consultants; out-
of- pocket expenditures are divided costs for other out-of-pocket expenditure for
items required to perform the services.
5.3 Form FIN-3 (a) & (b) summarizes the proposed cost(s) and the figures provided therein
will be read out aloud at the opening of Financial Proposals.
The amounts stated under provisional sums in the Financial Proposal must be the exact
figures as specified in the Data Sheet for these cost categories. Also, the list of experts,
and their respective inputs, identified on Form FIN-1 must match the list of experts and
their respective inputs shown in the Staffing Schedule on Form TECH-4 of the Bidder’s
Technical Proposal. No proposed schedule of Payments should be included in Bidders
Financial Proposals. The payment schedule will be as per 6.4 of General Conditions of
Agreement.
5.4 Amounts payable to the Consultant by the Agency may be subject to local taxes. It is
the responsibility of the Consultant to determine the estimated taxes payable and take
such amounts into account, as appropriate. All such taxes i/c Labour cess and
Goods & Services Tax (wherever applicable) shall be deemed to be included in the
Bidder’s Financial Proposal.
6. SUBMISSIONS, RECEIPT, AND OPENING OF PROPOSALS

6.1 Only online submission of the bids will be accepted. However, the original D-at-
call/Fixed Deposit Receipts/Demand Draft of tender fee to be submitted in seal cover
before opening of Technical Bid.
6.2 All documents/papers uploaded/ submitted by the bidder must be legible.
6.3 Bids must be accompanied by scan copies of Tender fee and bid security (EMD).
6.4 Bids must be submitted online w.e.f 14.00 Hrs of D-day and shall be accepted upto 12.00
hours of 13/04/2022 and Technical Bids will be open on 13/04/2022 at 13.00 Hrs &
opening of FINANCIAL BIDS( for Technically qualified bidders only) will be notified
later. Interested bidders may attend the opening of the bid. If the office happens to be
closed on the date of opening of the bid as specified, the bid will be open on the next
working day at same time and venue.
6.5 The original copy of the Tender Fee and Bid Security are to be submitted in seal cover to
the Office of the Chief Engineer, PHED, Government of Manipur on or before 12.00 Hrs
of 13/04/2022. In case, Tender Fee and Bid Security are not received within the specified
time, the Bid shall be considered non responsive and shall not be downloaded/evaluated.
7. PROPOSAL EVALUATION
General
7.1 From the time the Proposals are opened to the time the contract is awarded, the Bidder
should not contact the Agency on any matter related to its Technical and/or Financial
Proposal. Any effort by a Bidder to influence the Agency in examination, evaluation,
ranking of Proposals or recommendation for award of contract shall result in rejection
of the Bidder’s Proposal.
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Evaluation of Technical Proposals
7.2 PHED, Manipur will be responsible for evaluation of Proposals received.
7.3 PHED, Manipur evaluates the Technical Proposals on the basis of Proposal’s
responsiveness to the TOR using the evaluation criteria and marking system
specified in the Data Sheet. Each Technical Proposal will receive a technical score
(St). A Proposal shall be rejected if it does not achieve the minimum technical mark of
75 out of the maximum of 100 marks. All proposal scoring 75 or more score will be
consider at par and said to be technically responsive proposal.
7.4 A Technical Proposal may not be considered for evaluation in any of the
following cases:
(i) The Technical Proposal was submitted in the wrong format; or
(ii) The Technical Proposal included details of costs of the services; or
(iii) The Technical Proposal reached the Agency after the submission closing time and
date specified in the Data Sheet.
7.5 After the technical evaluation is completed, the Agency shall notify Bidders whose
Proposals did not meet the minimum qualifying technical mark or Bidders who's
Technical Proposals were considered non-responsive to the RFP requirements, The
Agency shall simultaneously notify, in writing the Bidders who’s Technical Proposals
found technically responsive, indicating the date, time, and location for opening of
Financial Proposals.
8. OPENING AND EVALUATION OF FINANCIAL PROPOSALS

Opening of Financial Proposals
8.1 Bidders representative are encouraged to be present at the time of opening of
Financial Proposal. At the opening of Financial Proposals, Bidder representatives, who
choose to attend, will sign an Attendance Sheet.
(i) Each Technical Proposal that met the minimum mark of 75 will be read out aloud.
Evaluation of Financial Proposals
8.2 The Agency will subsequently review the detailed contents of each Financial Proposal
during the examination of Financial Proposals, the Agency staff and any others
involved in the evaluation process will not be permitted to seek clarification or
additional information from any Bidder who has submitted a Financial Proposal.
8.3 Financial Proposals will be reviewed to ensure that the figures provided therein
are consistent with the details of the corresponding Technical Proposal (e.g. personnel
schedule inputs, etc.).
8.4 The commercial terms in each Financial Proposal will be checked for compliance
with the requirements set forth in the Data Sheet. For instance, the validity period of the
Bidders proposals must accord with the validity period set down in the Data Sheet.
8.5 Financial Proposal will be evaluated on basis of Quality Cost Based Selection (QCBS).
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(i) The lowest evaluated Financial Proposal will receive the maximum score of 100
marks. The score for each other Financial Proposal is inversely proportional to its
Evaluated Total Price (ETP) and will be computed as follows:
Sf = 100 x Fm / F
where:
Sf is the financial score of the Financial Proposal being evaluated,
Fm is the ETP of the lowest priced Financial Proposal,
F is the ETP of the Financial Proposal under consideration.
(ii) following completion of evaluation of Technical and Financial Proposals, final
ranking of the Proposals will be determined. This will be done by applying a
weight as specified in the data sheet (i.e., 80%:20%) respectively to the technical
and financial score of each evaluated qualifying Technical and Financial Proposal
and then computing the relevant combined total score for each Bidder. Proposals
will finally be ranked according to their combined technical (ST) and Financial
(SF) scores using the weights indicated in the Data Sheet:
S= ST x T + SF x f
Where,
S= Combined Score,
ST=Technical Score out of 100
SF= Financial Score out of 100
T and f are values of weightage for technical and financial proposals of 80% and
20% respectively.
After such final ranking, the first-ranked Bidders will be considered as preferred
bidder and invited for contract negotiations.
(iii) if an estimated budget is specified in the Data Sheet, a Financial Proposal may
exceed such estimated budget, if considered necessary by the firm submitting the
financial proposal. In such cases, if the firm submitting a Financial Proposal
exceeding the estimated budget still obtains the highest combined score in final
ranking, this winning firm may be advised, as a condition of contract negotiations,
to reduce the Financial Proposal to such maximum budget without compromising
the TOR for the assignment (and without modification of proposed unit rates).
(iv) The preferred Bidder shall be the first ranked Bidder (having the highest combined
score). The second ranked Bidder shall be kept in reserve and may be invited for
negotiations in case the first ranked Bidder withdraws, or fails to comply with the
requirements as the case may be.
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9. NEGOTIATIONS
9.1 Negotiations will be held at the address indicated in the Data Sheet Normally. Preferred
Bidder will be invited for negotiation, as a pre-requisite for attendance at the
negotiations, confirm availability of all nominated experts and satisfy such other pre-
negotiation requirements as the Agency’s may specify. Failure in satisfaction of such
requirements may result in the Agency's proceeding to negotiate with the second
preferred Bidder. Representatives conducting negotiations on behalf of the Bidder must
have written authority to negotiate technical, financial, and other terms and conclude a
legally binding agreement.
9.2 The technical negotiations cover the Bidder’s Technical Proposal, including the
proposed technical approach and methodology, work plan, staffing schedule,
organizational arrangements, and any suggestions made by the Bidder or the Agency to
improve the implementation of the assignment. Negotiations will not result in
substantial modifications to either the Bidder’s Technical Proposal or the TOR (Section
– 5).
9.3 The financial negotiations will generally fine-tune duration of expert’s inputs and
quantities of out-of- pocket expenditure items may be increased or decreased from the
relevant amounts shown or agreed otherwise, in the Financial Proposal. Unless
exceptional circumstances exist, the details of expert's remuneration and specified unit
rates for out-of-pocket expenditures will not be subject to negotiations.
9.4 The Bidder shall confirm the modifications made in his proposals in writing within
three days of conclusion of negotiations.
9.5 If contract negotiations are unable to be concluded for any reason, the Agency will a its
discretion, commence negotiations with the next ranked Bidder.
10. CONFIDENTIALITY
10.1 Information relating to evaluation of Proposals and recommendations concerning
awards shall not be disclosed to the Bidders who submitted the Proposals or to other
persons not officially concerned with the process.
11. AWARD OF CONTRACT

After completion of negotiations, the Agency shall award the contract to the
selected Bidder and promptly notify the other Bidders who submitted
Proposals that they were unsuccessful. The unsuccessful bidder has the right
to submit a complaint or seek de-briefing regarding rejection of his bid as per
clause no. 12 below.
12. GRIEVANCE REDRESSAL/ COMPLAINT PROCEDURE

1. Bidder has the right to submit a complaint or seek de-briefing regarding
the rejection of his bid, in writing or electronically, within 10 days of
declaration of techno-commercial or financial evaluation results. The
complaint shall be addressed to the Head of Procurement [Chief Engineer,
PHED, Govt. of Manipur].
14 | P a g e
2. Within 5 working days of receipt of the complaint, the Tender Inviting
Officer shall acknowledge the receipt in writing to the complainant indicating
that it has been received, and the response shall be sent in due course after a
detailed examination.
3. The Tender Inviting Officer shall convey the final decision to the
complainant within 15 days of receiving the complaint. No response shall be
given regarding the confidential process of evaluating bids and awarding the
contract before the award is notified, although the complaint shall be kept in
view during such a process. However, no response shall be given regarding
the following topics explicitly excluded from such complaint process:
a) Only a bidder who has participated in the concerned Tender Process, i.e.,
pre-qualification, bidder registration or bidding, as the case may be, can make
such representation.
b) Only a directly affected bidder can represent in this regard.
i. In case of pre-qualification bid has been evaluated before the bidding of
Technical/ financial bids, an application for review concerning the technical/
financial bid may be filed only by a bidder who has qualified in pre-
qualification bid;
ii. In case a technical bid has been evaluated before the opening of the
financial bid, an application for review concerning the financial bid may be
filed only by a bidder whose technical bid is found to be acceptable.
c) Following decisions of the Procuring Entity shall not be subject to
review:
i. Determination of the need for procurement.
ii. Complaints against specifications except under the premise that they are
either vague or too specific to limit competition
iii. Selection of the mode of procurement or bidding system;
iv. Choice of the selection procedure.
v. Provisions limiting the participation of bidders in the Tender Process, in
terms of policies of the Government
vi. Provisions regarding purchase preferences to specific categories of
bidders in terms of policies of the Government
vii. The decision to enter into negotiations with the L-1 bidder; and
viii. Cancellation of the Tender Process except where it is intended to
subsequently re-tender the same requirement.
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13. CONTRACT COMMENCEMENT DATE
The Data Sheet indicates the anticipated date for the commencement of the contract
services.
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ANNEXURE–I: DATA SHEET
Information to Bidder
Clause
Particular
Ref.
1.1 Name of the Agency Public Health Engineering Department,
Government of Manipur, Imphal
1.1 Name of the Work "Project Management and Supervision
Consultant (PM&SC) for Integrated Sewerage
System for Imphal City Phase II"
1.2 The Employer Chief Engineer,
Public Health Engineering Department,
Government of Manipur,
Khoyathong, Imphal, Manipur,
India-795001
1.8 Validity of Technical and Financial 90 days
Proposals
1.9 Bid Guarantee/EMD Rs. 20,51,000/- (Rupees Twenty Lakh Fifty
one Thousand) only in the form of
Demand Draft/ Bank Guarantee in favour of
“Executive Engineer, Drainage and Sewerage
Division, PHED, Manipur” payable at Imphal
2.2 Pre bid meeting date/time/venue (D+10 Days), 11.00 am,
O/o the Chief Engineer,
Public Health Engineering Department,
Government of Manipur,
Khoyathong, Imphal, Manipur,
India-795001
7.3 Evaluation Criteria As per Annexure II
1.1 Selection Criteria Quality Cost Based Selection :-
Quality-Cost Ratio :- 80:20 (Technical score :
Financial Score)
8.1 Date of opening of Financial Will be intimated to Bidders whose technical
Proposal proposal is found technically responsive
8.6 Financial Proposal (inclusive of all Estimated budget for PM&SC = Rs. 10.51
applicable taxes i/c labour cess and Crore.
GST)
9.1 Expected date to start contract Negotiations as per Tender Rule.
17 | P a g e
Clause
Particular
Ref.
negotiations
11. Expected date for commencement Order Date of PM&SC+15 Days
of consulting services
4. For any query related to this work and submission of pre-bid queries (as per
format defined at Appendix-II), bidders can mail/contact at the following Officers:
Sl. Name of Officers Designation Email

no
i. Thangjam Yogita Superintending Engineer [email protected]
Ph. No. +919774422746
ii. Thokchom Bebina Superintending Engineer [email protected]
Ph. No. +919954359112
iii. Pebam Satish Singh Section Officer-I [email protected]
iv. Kerina Thokchom Section Officer-I [email protected]
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ANNEXURE–II: EVALUATION CRITERIA OF TECHNICAL
PROPOSAL
Evaluation Criteria for Technical Proposal is as under.
Sr. Description Marks
No.
I Firms Relevant Experience in last 10 years 25
II Working experience at Similar Areas 10 Break up details
III Adequacy of work plan and methodology 20 given below
IV Qualification and Relevant Experience of the 45

Proposed Key Personnel
Total 100
The minimum technical score (St) required to pass is: 75 Marks
Note regarding evaluation: The breakup of marks allocation for above criteria is as
below:
1. The marks to be given under each of the evaluation criteria are as below:-
(I) Firms relevant experience in last 10 years (preceding financial year 2021-22) 25 Marks
Sr. Sub- category
Marks
No.
1. Experience as Project Management Consultant (PMC) /Supervision 10
and Quality Control Consultant (SQC) / Design and Supervision
Consultant (DSC) / Program Manager for Urban/Rural Sewerage
projects since 1st April 2011.
 1 project of having cost INR 8.41 Cr and above – 4 Marks
 Additional project having project cost more than INR 4.20
Cr. – 2 mark for each project (maximum 3 No.)
2. Experience in Program Management / Project Management services 10
for infrastructure Projects including sewerage components funded by
multi-lateral institutions / Government
 1 Project of having cost INR 8.41 Cr and above – 4 Marks
Cr – 2 mark for each project (maximum 3 No.)
3. Experience in DPR preparation / Design Engineering services for 5
Sewerage Projects funded by multi-lateral institutions / Government
 1 Project of having cost INR 8.41 Cr and above – 3 Marks
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Cr. – 1 mark for each project (maximum 2 No.)
Sub-total 25
(II) Experience in Working at similar geographical areas in NDB member countries for
Sewerage projects – 10 Marks
Sl. No Sub- Category Marks
Experience in Working at similar geographical areas in NDB
member countries for Sewerage projects
 1 Project at similar geographical areas – 3 Marks
 2 Projects at similar geographical areas – 6 Marks
 3 & above Projects at similar geographical areas – 10
Marks
Sub-total 10
(III) Adequacy of the proposed work plan and methodology in responding to the TOR - 20
Marks
Sl. No Sub- Category Marks
(a) Understanding of Objective & Site appreciation 2
(b) Comments on TOR 2
(c) Team Composition and Work Program 4
(d) Innovativeness 2
(e) Methodology 5
(f) Transfer of Knowledge 5
Total 20 Marks
(IV) Qualification and competence of the key staff for adequacy of the Assignment 45
Marks.
The weightage for various key staffs is as under:
Key Professionals’ qualifications and competence for the assignment:
Total
Sr. No. Key Personnel Positions
Marks
1 Team Leader cum Sewerage Expert 1 7
Deputy team Leader Cum Sewerage
2 1 6
Specialist
3 Sewerage Design Expert 1 4
4 Senior Environmental Engineer 1 4
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Total
Sr. No. Key Personnel Positions
Marks
5 Senior E&M Engineer 1 4
6 Senior Structural Engineer 1 4
7 Senior Geotechnical Engineer 1 4
8 Senior Quantity Surveyor 1 4
9 Contract/ Procurement Specialist 1 4
IT /MIS/GIS/ Financial/ Community
10 1 4
participation Expert
Total 45
The weightage marks given to evaluation sub-criteria for qualifications and competence of
key professional staff are as under.
Weightage Marks for Key Professionals
Break up of
Max Marks
Sr. No. Description Marks (in
(in %)
%)
1 General Qualification 25
(i) Essential Educational Qualification 20
(ii) Desirable / Preferable Educational; 5
Qualification
2 Relevant Experience and Adequacy for the 70
Project
(iii) Total Professional experience 15 (max)
(iv) Experience in DPR of Water Supply / 20 (max)
Sewerage or similar project
(v) Experience in Supervision of Water 20 (max)
Supply / Sewerage or similar project
(vi) Experience in Similar Capacity 20 (max)
Total 100
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SECTION – 3 (TECHNICAL PROPOSAL STANDARD FORMS CONTENTS)
FORM TITLE
Annexure-III : Format of Covering Letter
Form TECH-1 : Major works since 01.04.2017
Form TECH-2 : Approach paper on Methodology and Comments on
ToR.
Form TECH-3 : Composition of Team Personnel and Task Assignment.
Form TECH-4 : Staffing Schedule
Form TECH-5 : Curriculum Vitae (CV) format to be submitted with the
Proposal
Form TECH-6 : Summary of information on proposed experts
22 | P a g e
ANNEXURE III: FORMAT OF COVER LETTER FOR SUBMISSION
OF TECHNICAL PROPOSAL
FROM:
[Name & Address of the Consulting Firm] TO:
[Name & Address of the Agency]
…………………………
………………
Sir,
Subject: Project Management & Supervision Consultant (PM&SC) services for Integrated
Sewerage system for Imphal City Phase II.
RegardingTechnicalProposal
1. I/We …………………… the undersigned, offer to provide the consulting services

of the above Project. In accordance with your request for proposal dated …….. I/We
am/are hereby submitting my/our proposal, which includes this technical proposal.
2. I/We have submitted my/our offer for the PM&SC [in accordance with clause 1.7
(Section-2)].
3. If negotiations are held during the period of validity of the proposal, i.e. before [Date],
I/We undertake to negotiate on the basis of the proposed staff. My/Our proposal is
binding upon me/us and subject to modifications resulting from contract negotiations.
4. I/We understand that you are not bound to accept any proposal you receive. Encls:
Yours faithfully,
Signature…………………
Full Name……………………..
Designation……………………
Address………...........................
(Authorized Representative)
23 | P a g e
FORM TECH-1
MAJOR WORK DURING LAST FIVE YEARS THAT BEST ILLUSTRATES

QUALIFICATIONS
INTEGRATED SEWERAGE SYSTEM FOR IMPHAL CITY PHASE II PROJECT

M ANAGEMENT & SUPERVISION CONSULTANT
Please provide information on each reference assignment for which your firm was legally
contracted as a corporate entity or as one of the major companies within a consortium.
Project Name: Field of Professional Service Provided by your

firm:
Project Location: Professional Staff Provided by your Company:

No. of Staff:
Name of Agency (Employer): No. of Person-Months:

Start Date Completion Date: Approx. Value of Services: (Rs)
(Month/Year): (Month/Year)
Name of Associated Firm(s), if any: No. of Person-Months of Professional Staff
Provided by Associated Firm(s):
Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions
Performed:
Detailed Narrative Description of Project:
Detailed Description of Actual Services Provided by your Company:
Firm's Name and signature of Authorized Representative:
24 | P a g e
FORM TECH- 2, 3 AND 4
APPROACH PAPER ON METHODOLOGY PROPOSED FOR PERFORMING THE
ASSIGNMENT AND COMMENTS ON TOR
Form TECH-2, 3 and 4 shall contain a description, preferably in not more than 27 pages, of
the approach, methodology and work plan for performing the assignment, including a
detailed description of the proposed methodology and staffing for training, if the Terms of
Reference specify training as a specific component of the assignment.
a. Technical Approach and Methodology: - The Bidder shall explain their
understanding of the objectives of the assignment as outlined in the Terms of Reference
(TORs), the technical approach, and the methodology Bidder would adopt for
implementing the tasks to deliver the expected output(s), and the degree of detail of such
output. Please do not repeat/copy the TORs.
b. Work Plan. Bidder shall outline the plan for the implementation of the main
activities/tasks of the assignment, their content and duration, phasing and interrelations,
milestones (including interim approvals by the Agency), and tentative delivery dates of
the reports. The proposed work plan should be consistent with the technical approach and
methodology, showing their understanding of the TOR and ability to translate them into a
feasible working plan. A list of the final documents (including reports) to be delivered as
final output(s) should be included here. The work plan should be consistent with the
Work Schedule Form.
c. Organization and Staffing. Bidder shall describe the structure and composition of its
team, including the list of the Key Experts, Non-Key Experts and relevant technical and
administrative support staff.
Bidder shall also include comments, if any, on counterpart staff and facilities to be provided
by the Agency. For example, administrative support, office space, local transportation,
equipment, data, background reports, etc.
25 | P a g e
FORM TECH-3
COMPOSITION OF THE TEAM PERSONNEL AND THE TASK, WHICH WOULD
BE ASSIGNED TO EACH TEAM MEMBER

Sr. No. Name Position Task assigned
1
2
3
4
………………………………………………………………………………………
26 | P a g e
FORM TECH-4
STAFFING SCHEDULE

Month
Name Firm Position Months
Input
Main
Office
Site
Office
Other
Total
27 | P a g e
FORM TECH-5
CURRICULUM VITAE (CV) FORMAT TO BE SUBMITTED WITH PROPOSAL

ONE FOR EACH EXPERT (ONLY ONE CANDIDATE SHOULD BE NOMINATED
FOR EACH POSITION)
1 PROPOSED POSITION FOR THIS :
PROJECT
2 NAME :
3 DATE OF BIRTH :
4 NATIONALITY :
5 PRESONAL ADRESS :
TELEPHONE NO. :
FAX NO. :
E-MAIL ADDRESS :
6. EDUCATION (The years in which :
Various qualifications were obtained
must be stated).
7. OTHER TRAINING :
8. LANGUAGE & DEGREE OF :
PROFICIENCY (Indicate proficiency in
speaking reading and writing of each
language by excellent, good, fair or
poor).
9. MEMBERSHIP IN PROFESSIONAL
BODIES :
10. ORGANISATIONS OF WORK
EXPERIENCE :
11. EMPLOYMENT RECORD From To (Starting with present position, list
EMPLOYER POSITION HELD AND : in reversed order every
DESCRIPTION OF DUTIES employment held and state the start
and end dates of each
Employment.) (Clearly distinguish
your “employer” as an employee of
the firm from a “Employer” for
whom you have worked as a
consultant or an adviser.)
12. DETAILED TASKS ASSIGNED WORK UNDERTAKEN THAT
(IN THIS COLUMN, LIST TASKS : BEST ILLUSTRATES
ONE BY ONE AND SUPPORT EACH CAPABILITY TO HANDLE THE
TASK BY PROJECT EXPERIENCE IN TASKS ASSIGNED. (In this
28 | P a g e
THE RIGHT HAND SIDE COLUMN.) column, list project name, location,
year, position held, i.e., Team
Leader, etc. and exact duties
rendered, and time spent on each
Project.)
13. DETAILED TASKS ASSIGNED (In : WORK UNDERTAKEN
this column, list tasks one by one and THAT BEST ILLUSTRATES
support each task by project CAPABILITY TO HANDLE
experience in the right-hand Side THE TASKS ASSIGNED. (In
column. this column, list project name,
location, year, position held,
i.e., Team Leader, etc. and
exact duties rendered and time
spent on each Project.)
I have been employed by [name of the firm] continuously for the last (12) months
as regular full time staff (indicate yes or no in the following boxes):
Yes
No
I, the undersigned, certify to the best of my knowledge and belief that
(i) This CV correctly describes my qualifications and experience
(ii) I am not a current employee of the Executing or the Implementing Agency
(iii) In the absence of medical incapacity, I will undertake this assignment for the duration
and in terms of the inputs specified for me provided team mobilization takes place
within the validity of this proposal.
(iv) I was not part of the team who wrote the terms of reference for this consulting
services assignment
(v) I am not currently debarred by a multilateral development bank
(vi) I certify that I have been informed by the firm that it is including my CV in the
Proposal for the (name of project and contract). I confirm that I will be available to
carry out the assignment for which my CV has been submitted in accordance with the
implementation arrangements and schedule set out in the Proposal.
I understand that any willful misstatement described herein may lead to my disqualification
or dismissal, if engaged.
[Signature of expert or authorized representative of the firm]

Day/Month/Year
29 | P a g e
FORM TECH-6
SUMMARY OF INFORMATION ON PROPOSED EXPERTS

Employme
Propos No. of CV
nt Status Ex-
Family ed Firm Education years of Signatu
with Firm Govt
Name Positio relevant re (By
(Acrony (full time (Year/Instituti Staff
First n for Project Expert/
m) Regular on) (Yes/N
Name The Experien By
staff or o)
Project ce Other)
other)
Exampl
e:
XYZ Team ABC Other B.Tech/BE 20 yrs. No By
Leader Engineering
(year/
University of
XYZ)
30 | P a g e
SECTION-4: FINANCIAL PROPOSAL STANDARD FORMS
CONTENTS
Forms to be used Financial Proposal Standard Forms

Annexure –IV Format of covering letter.
Form FIN-1 Remuneration: Proposed Billing Rates for Experts.
Form FIN-2 Out-of-Pocket Expenditures Proposed.
Form FIN-3 (a & b) Summary of Cost Estimates.
31 | P a g e
1. FORM FIN-1
Remuneration: Proposed Billing Rates for Experts

1.1 The purpose of Form FIN-1 is to identify the monthly billing rates for each expert to be
fielded by the Bidder as part of its proposed team of experts.
1.2 The following details shall be shown for each expert:
(i) Expert’s name.
(ii) Employment status.
 Full-time (FT) – employee of the Bidder or an Associate Consulting
 Firm (refer to Sub-Clause 4.1(vi) Section-2.
 Other Source (OS) – an expert being provided by another source, which is not
an Associate Consulting Firm.
 Independent Expert (IP) – independent self-employed expert.
(iii) Position–same as that shown on Staffing Schedule (Form TECH-4, Section 3)
(iv) Months – number of months input to match that shown on the Staffing
Schedule (Form TECH-4, Section 3).
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2. FORM FIN-2
Out-of-Pocket Expenditures: Proposed Cost Estimates
2.1 The purpose of Form FIN-2 is to identify all the expenditures considered by the
Consultant necessary to carry out the assignment.
2.2 All required expenditure items must be entered as separate items showing the following
details:
(i) Unit – type of unit (monthly, daily lump sum, etc.)
(ii) Per unit cost – unit rate for the item.
(iii) Quantity – quantity of the item
Travel
2.3 Travel costs will include the return fares needed by Main Office experts to travel from
their Head office, or regular place of work, to the field. The number of round trips, the
cost for each trip should be shown under ‘Travel’. A separate item ‘miscellaneous travel
expenses should be shown to cover a lump- sum allowance for journey time
expenditure/allowance for local travel. Travel expenses for field visits should be
mentioned separately in ‘Travel Expenses per field visits.
Overheads
2.4 Annexure indicated should include all costs separately such as office
accommodation, transportation (local Agency’s office and also for visit to work sites,
minimum three suitable vehicles etc.), office equipment, furniture and supplies.
2.5 Provisional sums, which are reimbursable, include any special equipment, books, codes
of Practices arrangement for workshop and trainings, which are carried out at the specific
instance of the Employer.
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3. FORM FIN-3
Summary of Cost Estimates
3.1 Form FIN-3 (a) provides a summary of the elements of estimated costs for
implementation of the proposed Consultant services.
Form FIN-3 (b) provides breakdown of man-month rates to be considered for release of
payment.
FINANCIAL PROPOSAL SUBMISSION
The hard copy of the Financial Proposal shall include all the information contained in Forms
FIN-1, FIN-2, FIN-3 (a) and FIN-3 (b) in accordance with Sub-Clause 5.1 of Section 2,
Instructions to Bidders.
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ANNEXURE IV: FORMAT OF COVER LETTER FOR SUBMISSION
OF FINANCIAL PROPOSAL
FROM: [Name & Address of the Agency]

TO: [Name & Address of the consulting Firm]
…………………………………………
…………………………………………
Subject: Project Management & Supervision Consultant Engagement (PM&SC) for

Integrated Sewerage system for Imphal City Phase II Project - Regarding Financial Proposal
Sir,
1. I/We the undersigned, offer to provide consulting services for the above project in
accordance with your RFP dated [Date] and my/our proposal (technical and
financial proposals). My/Our attached financial proposal is for the sum of [Amount in
words and figures]. This amount is inclusive of all applicable i/c labour cess, G.S.T.
2. My/Our financial proposal shall be binding upon me/us subject to the
modifications resulting from Contract negotiations, up to expiration of the validity
period of the proposal or the date extended by me/us i.e. [Date].
3. I/We certify that I/we have not engaged any Agents, nor I/we have paid any fee to any
Agent for procuring this consulting service.
4. I/We understand that you are not bound to accept any proposal you receive.
Yours faithfully,
Signature…………………
35 | P a g e
FORM FIN-1
REMUNERATION: PROPOSED BILLING RATES FOR EXPERTS
MANAGEMENT & SUPERVISION CONSULTANT
Technical
Staff
Rate INR Total INR
Expert’s Employment
Position (Per Months (Per
Name Status
Month) Month)
Support Staff
Rate INR Total INR
Employment
Name of Staff Position (Per Months (Per
Status
Month) Month)
36 | P a g e
FORM FIN-2
OUT OF POCKET EXPENSES
MANAGEMENT & SUPERVISION CONSULTANT
Travel (For mobilization & Demobilization) (Quantity – 30 Nos)
Miscellaneous local travel Expenses (per Month)
Travel Expenses per field visit (Quantity 150 Nos)
Overheads (per Month)
Report Preparation, Production (per Month)
Provisional sums (Max. INR 100 Lakhs):
(i) Equipment
(ii) Purchase of Book of specifications/ Codes*
(iii) Holding of Training and Workshops*
(iv) Other costs.
* The cost should include, the cost of course material for distribution to participants and
external faculty if required.
37 | P a g e
FORM FIN-3 (a)
SUMMARY OF PROPOSED COSTS
No Description Amount INR

Fin-1 Remuneration to Professional Personnel & Support Staff
Fin-2 Mobilization & Demobilization of staff.
Fin-2 Overheads (to include office operation, rent, office
furniture & Equipment), travel to site by Personnel
Fin-2 Miscellaneous travel Expenses
Fin-2 Travel expenses for field visit
Fin-2 Report & Document preparation.
Fin-2 Provisional Sums
Total cost (including all applicable taxes i/c labour cess
and GST )
38 | P a g e
FORM FIN-3 (b)
BREAKDOWN OF MAN-MONTH RATES
MANAGEMENT & SUPERVISION CONSULTANT (To be considered for release of
payment/cost of Consultancy charges)
Out of Fee (or)
Sr. Sub Monthly
Name & Basic Pocket
No. Total profits (% of fixed
Position Salary INR Expenses INR 5) INR (5+6) INR
INR
1 2 3 4 5 6 7
We hereby confirm that the basic salaries indicated above are taken from the
organizational roll records and reflect the current salaries of staff members listed,
which have not been raised other than the normal annual salary increase policy as applied
to all the organizational staff.
Yours faithfully,
Signature
Note:
1. The basic salary should also include components of other financial benefits payable
to, or for the staff members, such as vacation pay, sick leave pay, Insurance etc. (not
covered under social charges).
2. Over heads should also take into account all other expenses to be incurred by the
consultant excepting the ‘Reimbursable’ component of the consultancy charges.
39 | P a g e
SECTION-5 (TERMS OF REFERENCE (TOR) FOR PROJECT
MANAGEMENT AND SUPERVISION CONSULTANT (PM&SC))
1. Introduction
1.1 The project comprises of sewerage project in 16 Imphal Municipal wards and added
areas viz Bijoy Govinda , Takyel, Oinam Thingel, Naoriya Pakhanglakpa, Khongman
Torban , Porompat and Kongkham leikai with components such as construction of
Sewage treatment plants, Pumping stations, Manholes, Collection chambers, Pump
House, Raw sewage pipe line, Sewage Pump, Electric Sub Stations, Collection main
(Pumping/ Gravity) with appurtenances Valve chambers, Pillars, Thrust Blocks,
Primary and secondary Network and all allied works. The details of sewerage project
with cost & salient features are shown as below.
Estimated
Project
Package Project Salient Feature
Cost (INR
in Cr.)
1 Integrated 1255.84 16 Imphal Municipal wards comprise
Sewerage system  Sewage Treatment Plants.
for Imphal city  Pumping stations with Electro-
Phase II mechanical components
 Sewerage network, service
connection etc.
 Laboratory & administrative
building
 Electrical feeder line
 SCADA installation
1.2 The Public Health Engineering Department, Government of Manipur is the nodal
agency responsible for overall management, supervision, and execution of this sewerage
project in Imphal city. The Project Implementation Units (PIU) for each project area will
actually execute the work.
The PHED, Manipur lays high emphasis on quality as well as time bound execution. In
order to augment the project management capability of PHED, Manipur, it is proposed
to engage a Project Management & Supervision Consultant (PM&SC) for this project by
PHED, Manipur.
2. The Consultant
2.1 The services of the PM&SC shall be provided by a consulting firm (Consultant) with
adequate experience in the field. The consultant will provide the staffing as indicated in
Clause 5 of ToR, though in preparing their proposals the consultants may propose
alternative arrangements that, in their opinion, will provide service of an equivalent
40 | P a g e
quality. The final staffing would be adjusted to suit the actual work and implementation
schedule.
2.2 The Consultant will be engaged by the Public Health Engineering Department, Manipur
through Request for proposal (RFP) on the prescribed format, by inviting Technical &
Financial Offers. The CVs of key personnel shall be included in the RFP along
with documentary proof of qualification, their written consent and availability. The
Consultant will be required to give the CVs of all the Team members at the time of
submission of Proposal in accordance with Section-2.
2.3 Procedure for Engaging Consultant: The PHED, Manipur shall engage the PM&SC by.
(i) Request for Proposal on format.
(ii) Inviting Technical and Financial Offers and Technical Evaluation by PHED,
Manipur
(iii) Final Selection by Quality Cost Based System (QCBS).
3. Implementation Arrangements
The Project Management and Supervision Consultant (PM&SC) would be attached to
PHED, Manipur for coordination, reporting, and payment purposes and would advise and
assist in capacity and quality enhancement of the executing agency. Under the overall
guidance of the PHED, Manipur, the Consultant will provide management advice to
PIUs on methodologies and procedures for works procurement, works execution,
contract management and quality monitoring of works for the project. The Consultant
shall carry out Scrutiny of available DPRs and also provide independent Quality
Monitoring.
3.1 The Consultant will establish a Main Office at Imphal. The Main Office, headed by a
Team Leader will be responsible for advising the PHED, Manipur at PIU level for works
execution, works procurement and contract management of civil works, quality control,
Monitoring project performance and coordination etc.
The Main Office will directly liaise with PMU (Institutional arrangement of PMU is
shown in Appendix-IV) in enforcing the agreed procedures. Supervision & Quality
Control Consultants (SQC) is also in the scope of Consultant.
3.2 Status of all the activities entrusted to the Consultant would be reviewed through
monthly and any schedule meetings at PHED level. Corrective actions as identified
during such meetings would be required to be taken by the Consultant.
3.3 The Consultant will be engaged in the following Activities: -
 Scrutiny of DPRs if required,
 Project Management,
 Works procurement and execution,
 Contract Management,
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 Quality monitoring,
 Environmental and social safeguards management
 Supervision & Quality Control at PIU level for each sub-project.
4. Scope of Work
The Scope of work includes the following
(a) Overseeing the preparation of annual proposals as per /CPHEEO
Guidelines/National norms/manuals for the correctness.
(b) Ensure that all households of urban areas / town/ villages within project area are
connected by Sewerage connections as per norms.
(c) Check the design parameters as well as benchmark indicators and make sure that
they are as per CPHEEO Guidelines/National norms/manuals
(d) Check whether required survey work have been carried out and various
parameters has been estimated properly
(e) Design of sewerage projects as per the provisions CPHEEO Guidelines/National
norms/manuals as amended & updated.
(f) Visit the site if it is felt that the design needs site inspection
(g) TL/DTL to visit each scheme at least once every month, or as per the schedule of
work execution plan with a view to providing technical oversight and advice to
PIU /Contractor. Usually such visits are expected to take 2 – 3 days each.
TL/DTL are expected to be on tour for 5 to 6 days per month.
(h) Point out the short-comings and offer suggestions for their rectification (major
defects shall be intimated in writing).
(i) Laying down for PIUs and supervising, on behalf of the PHED, Procurement
procedures of contract and quality control procedures.
(j) Preparing bidding technical specifications of various components and documents
for procurement for undertaking contracts in appropriate format / mode as
prescribed;
(k) Assisting the Agency in bid process management, collating bid queries and
preparation of clarifications, assisting in bid evaluation and advice on award of
works.
(l) Advising on procedures and methodologies regarding Contractor’s work program,
method statements, material sources, etc. Scrutinizing, the Contractor’s detailed
work programme, suggesting modification, if any, in the works programme after
a careful study and ensuring timely completion.
(m) Scrutinizing on random basis and / or reviewing contractor's superintendence,
personnel and suggesting modifications, if any.
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(n) Scrutinizing, the Construction Methods proposed by the Contractor for carrying
out the works to ensure that these are satisfactory with particular reference to the
technical requirements, and deployment of plant and machinery, project
implementation schedule and environments aspects as well as safety of works,
personnel and the general public.
(o) Reviewing the test results/certificates of all construction material and /or sources
of material and undertake additional tests as necessary to assess the quality of
works as 2nd tier quality control.
(p) Advising PIUs on regular inspection of the Contractors equipment, plant,
machinery, installation, etc to ensure that they are adequate and are in accordance
with the terms and conditions of the contract.
(q) Evolving and implementing a system for the quality assurance of the works. The
system of control of quality of material and completed works shall also include
sampling method and criterion, and acceptance criteria. The sampling method and
the acceptance criteria shall be based on statistical methods and the
recommendations of the relevant IS codes and CPHEEO guidelines
(r) Developing Model for Maintenance Management for sewerage sub-projects with
involvement of community.
(s) Developing IEC strategies and action plan to sensitize communities regarding
benefits of proper disposal of sewage. Also impart training to the executing
agencies related to Evaluation of Bids and Conducting Negotiations in Public Procurement,
quality management and environmental & social issues etc. under Capacity
Building.
(t) Conducting socio-economic survey at household level and developing suitable &
appropriate strategies based on analysis to ensure sustainability of proposed
sewerage system.
(u) Undertake the checking of the Contractor’s detailed engineering designs and
suggest modifications if required as per provision of norms and guidelines;
(v) Issuing instructions to the Contractor through the Agency, which may be
necessary for the execution of the works and the remedying of any defects, all in
accordance with the contract;
(w) Scrutinizing the Contractor’s detailed work program and construction methods
proposed by the Contractor including environmental; safety, personnel and public
issues.
(x) Monitoring the construction method by assessing the adequacy of the
Contractor’s input materials, labor, equipment and construction methods;
(y) Reviewing the quality assurance plan proposed by the Contractor through PIUs
including verification of source of material and certification;
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(z) Carrying out necessary quality control activities and verify that the quality of
works conforms to the specifications and drawings;
(aa) Monitoring the progress of activities in construction of the various contract
packages for achieving the expected outputs;
(bb) Verifying contractor’s invoices and assisting the Agency in release of timely
payments;
(cc) Assisting third party inspections, if necessary, as decided by the Agency;
(dd) Reviewing and finalizing the “as built” drawings submitted by the Contractor;
(ee) Assisting the Agency in issue of completion certificates;
(ff) Assisting in resolution of all contractual issues including examining the
Contractor’s claims for variations / extensions or additional compensations, etc.
and preparing recommendations for approval by the Agency;
(gg) Monitoring the complaints and informing the Agency in initiating corrective /
curative actions in times of persistent default by the Contractor.
(hh) Develop an Environmental and Social Management Framework (ESMF) to guide
contractors on the specific E&S requirements of the project, as well as templates
for Construction Environmental Management Plan (CEMP) and Health and
Safety Management Plan (HSMP).
(ii) Review and endorsement for approval of contractors' Construction Environment
Management Plan and Health and Safety Management Plan including
Development of monitoring and reporting templates in line with the Project EMP.
Monitor the implementation of project Environmental Management Plan
(EMP) to ensure Contractors and its subcontractor’s compliance with the
measures set forth in the EMP
(jj) Ensure that Contractor complies with the conditions, if any, stipulated in
regulatory clearances, consents;
(kk) Ensure that contractors fulfill Environmental covenants as per the NDB norms.
(ll) Prepare Scheme wise MIS reports to be submitted to the NDB as per NDB norms.
(mm) To supervise a new/ongoing scheme(s) under the Agency with deployment of
staff already provided for within the agreement, till a new SQC takes over
the work of supervision.
(nn) To assist in supervising an ongoing scheme under the Agency PHED, which
is being supervised by an SQC, by providing services of engineers or other
specialists, as requested by the Agency.
(oo) The time indicated for PMC services may be increased by the PHED, Manipur if
the project completion is delayed due to reasons whatsoever.
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5. Staffing and Other Inputs:
5.1 The Consulting firm will be expected to provide the following personnel for the
indicated duration. The durations given are indicative and subject to variation by
agreement between the Consultant and the PHED. Consulting inputs will be about
person months of experts. The Consultants team composition and inputs are shown
below.
Consultants Team Composition and Staffing Schedule*
Minimum
Duration in
Sr. No Key Expertise or Position Number of
Months
Positions
I Key Personnel for PMU at Imphal
1 Team Leader cum Sewerage Expert 1 36
2 *International Sewerage Specialist 1 6
3 *Sewerage Design Expert 1 6
4 Senior Environmental Engineer 1 36
5 *Senior E&M Engineer 1 18
6 *Senior Structural Engineer 1 18
7 *Senior Geotechnical Engineer 1 6
8 *Senior Quantity Surveyor 1 18
*IT /MIS/GIS/ Financial/ Community
9 1 36
participation Expert
10 Contract and Procurement Specialist 1 6
11 *Asst. Quantity Surveyor 2 18
II Sub Professional Staff at all 2 PIUs
1 *Project Engineers (Civil/E&M) 10 36
2 Assistant Engineer (EHS) 1 36
3 *Assistant Engineer 14 36
4 *Field Engineer 20 36
III Support Staff
Executive Assistant to Team Leader cum
1 1 36
Office Manager
2 Finance Assistant 1 36
3 Data entry operator 2 36
4 Office assistant 2 36
* marked positions will be need based, commensurate with quantum, nature of
works, the expert/experts of requisite qualification will be deployed as per the
requirement of Agency.
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5.2 Basic Qualification and Experience of the Team:
Professional Key
Sr. No. Qualification requirements
Staff
1 Team Leader cum  Post Graduate in Public Health
Sewerage Expert Engineering/ Environmental Engineering
with min 20 Years professional experience.
At least 15 years’ experience in execution of
sewerage projects/ water supply project with
at least 5 years’ experience in sewerage
projects as a Team Leader / DTL / in the
rank of Superintending Engineer in
implementing water supply/sewerage
projects in rural/urban local bodies
 Working Age limit 65 years*
2 International Sewerage  Post Graduate in Public Health
Specialist Engineering/ Environmental Engineering
with min 20 Years professional experience.
At least 15 years’ experience in
sewerage/water supply project operations
and service delivery with at least 5 years’
overseas experience as senior sewerage
engineer in implementing continuous
sewerage systems.
 For this assignment, Indian National Expert
who has a similar experience of working
overseas for a minimum of 3 projects will
be considered.
3 Sewerage Design  Post Graduate in Public Health Engineering
Expert with min 20 Years professional experience.
At least 10 years’ experience in the field of
sewerage advance structures designing with
hands on expertise of latest design software.
4 Senior Electrical &  B.E./B.Tech with 12 Year or M.E./M.Tech
Mechanical/ with 8 years professional experience in field
Structural/ of Electrical / Mechanical / Structural /
Geotechnical/ Geotechnical / Environmental Engineering
Environmental or equivalent. At least 4 year experience in
Engineer any sewerage project.
 Working Age limit 65 years
5. Senior Environmental  B.E./B.Tech with 12 Year or M.E./M.Tech
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Professional Key
Staff
Engineer with 8 years professional experience in field
of Environmental Engineering or equivalent.
At least 4 year experience in any sewerage
project.
6. Senior Quantity  B.E/B. Tech with 12 yrs or M.E/Mtech with

Surveyor 8 yrs experience in field of Quantity
Surveying.
 Working Age Limit 65 yrs*
7 IT /MIS/GIS/  Post Graduate/ B.E. in field of
Financial/ Community specialization with 12 Years’ experience (8
participation Expert Years in field of IT / MIS/ GIS/ Financial/
Community participation Expert or
equivalent)
8 Contract and  B.E/B.Tech desirable M.Tech in
Procurement specialist Construction Management with 15 years
experience in this field.
9 Project Engineers  B.E with more than 5 years’ experience in
(Civil/E&M) civil/E&M engineering works. At least 3
years professional experience in execution
of sewerage projects.
10 Assistant Engineer  B.E(Civil) with more than 5 Years
experience in Civil Engineering works (at
least 3 years in sewerage Project).
 Preferably Retired AE in govt. sector.
11 Assistant  BE (Civil)/ Bachelor/ Master Degree in
Engineer(EHS) Environmental Science or relevant field
with more than 5 Years experience in Civil
Engineering works with min 1 year specific
experience on EHS management (at least 3
years in sewerage Project).
 Preferably Retired AE in govt. sector.
12 Assistant Quantity  B.E/Diploma(Civil) with 5 yrs experience in
Surveyor quantity surveying.
13 Field Engineer  Bachelor Degree / Diploma in Civil
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Professional Key
Staff
Engineering. Degree Holder 3 Years (2years
experience in sewerage Project)/ Diploma
Holder 5 years (3 years’ experience in
sewerage project)
14 Executive Assistant to  BCA or B.Com with DCA/PGDCA, 05
Team Leader cum years’ experience of office manager or
Office Manager equivalent.
15 Finance Assistant  B.Com Graduate with DCA/PGDCA or
equivalent, 02 years’ experience in similar
work. Working Age limit 45 years
16 Data entry operator  Graduate and DCA/PGDCA or equivalent,
02 years’ experience in similar work.
17 Office assistant  Higher Secondary with computer use
proficiency, 02 years’ experience in similar
works.
The age of at least one of two (TL or DTL) must be less than 60 years at the time
of submission of bid.
During the execution of the project, in case of exceptional performance and physical
fitness, the limit on working age may be relaxed by the Agency.
Separate team shall be provided and deployed for PIUs and PMUas per the requirement
of PHED, Manipur.
The Consultant will be responsible for deployment/ withdrawal of staff/ additional staff
for efficient and complete supervision of works. However, the total staff inputs should
not exceed the man-month included in the Contract. However, the CV’s of key
personnel shall be included in the RFP along with documentary proof of qualification
and experience, their written consent and availability.
6. Facilities
The Consultant will have to make his own arrangements for office, utilities,
accommodation, and transport and should include cost of all these elements in his
Financial Offer.
7. Reports
The Consultants will submit the following periodic reports at the time and in the
number of copies (also in electronic copies) indicated.
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(a) Inception Report: To be submitted within three (3) weeks of the commencement of
services. The report will be based on work and staffing schedules agreed during
contract negotiations, will include the Consultants detailed work program. (3*
Copies to PHED)
(b) Progress Report: Quarterly and Monthly reports to be submitted in English as per
agency’s advice and NDB’s reporting requirements.
The reports will summarize the activity wise work performed during the reported
period identifying the problems encountered, and indicating the corrective action taken
or recommended.
8. Performance Security
Consultant shall be required to submit acceptable Bank Guarantee for an amount equal
to 5% of the accepted consultancy cost towards Performance Security. The validity
of the Bank Guarantee(s) shall cover entire duration of consultancy period plus 6
months. The format of the Bank Guarantee(s) shall be got approved by the Consultant
from the PHED, Manipur. The Bank Guarantee(s) shall be released after satisfactory
completion of the assignment and submission of completion report. If performance of
the Consultant is not found satisfactory this security will be liable to be forfeited.
In addition, the Consultant shall be liable for action under other clauses of the
contract.
9. Penalties
9.1 The PHED, Manipur may conduct independent quality monitoring and checking of
works carried out by the Consultant. If such checks disclose that works carried out by
the Consultant do not meet the specified requirement, the employers will not pay the
Consultant fees for the affected portion. In addition, the Consultant will incur a penalty
equal to 100% of such fee and without entitlement to payment of further fees in this
respect.
9.2 If the service of a team member provided by the Consultant is not acceptable to the
PHED, the Consultant shall immediately replace the team member on request of PHED.
If the Consultant fails to quickly deploy/replace a team member as instructed by
the Employer, the Employer may make temporary arrangement. The temporary
deployment/replacement shall be paid by the PHED with commensurate reduction in the
person month scope of the PMC Contract. In addition, The Consultant shall incur a
penalty equal to 10% of the cost to the employer of the temporary deployment /
replacement until such time that the Consultant provides an acceptable replacement/
team member. This will however be a temporary arrangement and if the Consultant fails
to deploy the requisite personnel or replace any member as instructed, the Consultant
shall be liable for action for termination of Contract and or black listing.
10. Payment Schedule
Payment shall be made on quarterly basis of time actually spent by the office experts in
performance of the services plus the prorata overhead charges comprising the
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components of head offices expenses subject to availability of funds & as per Manipur
Governments prevailing financial rules.
11. The size of the sewerage project packages included in this NDB assisted project is very
large and hence for proper technical scrutiny and checking of the contractor’s design and
drawings for these large schemes, Home office working may be allowed. If the
consultant has the required engineering capabilities and expertise at their Home office,
then they can refer, after due approval from the PHED, important designs and
drawings to their Home office for proper technical scrutiny and checking.
12. The consultants may be required to carry out the following in the event of the
contingencies on the request of the PHED. No financial cost should be provided against
them in the present financial proposal. The events are:
(i) Preparation of reports or additional contract documents for consideration of
proposals for carrying out additional work for this project;
(ii) Any other specialist services as called for by the Engineer or by other specialists,
pertaining to the works contract as may be agreed upon.
(iii) The time indicated for PM&SC services may be increased by the PHED if the
project completion is delayed due to reasons whatsoever.
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SECTION- 6
PROJECT MANAGEMENT & SUPERVISION SERVICES (PM&SC)
AGREEMENT FOR CONSULTANT’S SERVICES Between

[Public Health Engineering Department, Govt. of Manipur] And
[Name of consultant]
AGREEMENT
This AGREEMENT is made on this day of , 2 0 2 2 among the [Name and
Address of Employer] (herein after referred to as PHED ‘Agency’) which expression
shall where the context so admits, includes (herein after called the ‘Consultants’) on the
third part which expression shall where the context so admits, includes his successors in
office and assigns.
WHEREAS
(a) The Agency intends to carry out the Integrated Sewerage System For Imphal City Phase-
II in accordance with the CPHEEO Guidelines;
The Agency has requested Consultant to provide certain Consulting services required for
the project as defined in the General Conditions of agreement attached to this agreement
(hereinafter called the Services);
(b) The Consultants, having represented to the Agency that they have the required
professional skills, personnel and technical resources, have agreed to provide the Services
on the terms and conditions set forth in the Agreement;
NOW THEREFORE the parties hereto hereby agree as follows: -
The following documents attached hereto shall be deemed to form an integral part of this
agreement:
(a) The General Conditions of Agreement (hereinafter called ‘GC’);
(b) The Special Conditions of Agreement (hereinafter called the ‘SC’);
The following document and Appendices:
Section 1 - Letter of Invitation.
Section 2 - Instructions to Consultants including Data Sheet.
Section 3 – Technical Proposal Standard Forms.
Section 4- Financial Proposal Standard Form.
Section 5 - Terms of Reference.
Section 6 - Standard Form of Contract and General Conditions of Contract, Special
Conditions of Contract.
Appendix I to Appendix V
All related correspondence exchanged between the Agency and the Consultant.
The mutual rights and obligations of the Agency and the Consultants are set forth in the
Agreement; in particular:
(a) The Consultant shall carry out the services in accordance with the provisions of the
Agreement; and
(b) The Agency shall make payments to the Consultant in accordance with the provisions of
the Agreement.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed in
their respective names as of the day and the year first before written.
FOR AND ON BEHALF OF PHED, MANIPUR
………………………………………
FOR AND ON BEHALF OF CONSULTANT [Name of the Consultant] By

……………………………………
[Authorized Representative]
Witness 1 AND 2
(Note: If the Consultant consist of more than one entity all of these entities should appear as
Signatories e.g. in the following manner)
FOR AND ON BEHALF OF EACH OF THE

MEMBERS OF CONSULTANT
(Name of the member)
By………………… (Authorized Representative)
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GENERAL CONDITIONS OF AGREEMENT (GC)
1. GENERAL PROVISIONS
1.1 Definitions
Unless the context otherwise requires, the following term whenever used in this
Agreement have following meanings:
‘Applicable Law’ means the laws and any other instruments having the force of law
in the India and the State of Manipur. In relation to activities in that State, as they may
be issued and in force from time to time;
‘Agency’ means the Public Health Engineering Department, Manipur. The Agency
shall be the Employer who may delegate any or all functions to a person or body
nominated by him for specified functions;
‘Agreement’ means the Agreement signed by the Parties, together with all
documents/Appendices attached hereto and includes all modifications made in term of
the Provisions of Clause 2.6 hereof;
‘Authorized Representatives’ is the person named in Clause 1.7 of GC to execute the
agreement and administer the contract;
‘Bank’ means any Scheduled or Institutional bank so designated by the Public Health
Engineering Department for their banking transactions relating to this agreement;
‘Consultant’ means their Personnel engaged for carrying out of services under this
agreement;
‘PHED’ means Public Health Engineering Department, Manipur;
‘Chief Engineer’ means an Officer designated as Chief Engineer of the Public Health
Engineering Department, Manipur;
‘Effective Date’ means the date on which this Agreement comes into force and
effect pursuant to Clause 2.1 hereof;
‘Executive Engineer” means Executive Engineer of concerned Project Management
Unit or Project Implementation Unit;
‘Personnel’ m e a n s persons hired by the Consultants or by any sub-consultant as
employees and assigned to the performance of the Services or any part thereof;
‘Key personnel’ means the personnel referred to in Clause 4.2(a) hereof;
‘NDB’ means New Development Bank;
‘Party’ means the agency or the Consultants, as the case may be, and Parties means
both of them;
‘PMU’ means Project Management Unit of NDB assisted project at Imphal head office
of PHED, Manipur;
‘PIU’ means Project Implementation Unit of NDB assisted Project;
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‘Services’ means the work to be performed by the Consultants pursuant to this
Agreement for the purposes of the project as per the Term of Reference (TOR) Section
5 hereof;
‘Starting Date’ means the date referred to in Clause 2.3 hereof;
‘Third Party’ means any person or entity other than the Government, the Agency, or
the Consultants.
1.2 Relation between the Parties
Nothing contained herein shall be construed as establishing a relation of master and
servant or of agent and principal as between the Agency and the Consultants. The
Consultants, subject to this Agreement, have complete charge of Personnel, if any,
performing the Services and shall be fully responsible for the Services performed by
them or on their behalf hereunder.
1.3 Law Governing the Agreement
This Agreement, it’s meaning and interpretation, and the Applicable Law shall govern
the relations between the Parties.
1.4 Language & Headings
This Agreement has been executed in English, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of this
agreement. The Headings shall not limit, alter, or affect the meaning of this Agreement.
1.5 Notices:
1.5.1 Any notice, request, or consent required or permitted to be given or made pursuant to
this Agreement 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 by registered mail,
speed post, E-Mail/ facsimile to such Party at the addresses specified hereunder:
Agency Consultants: ------------------------------
Name and Address to be given Attention: ----------------------------------------------------
Phone: ------------------------------
E-mail: ------------------------------
Fax: -----------------------------
[Note: Fill in the blanks]
1.5.2 Notice will be deemed to be effective as follows:
The notice shall be deemed to be effective in the manner and at time as specified as
follows:
(a) In the case of personal delivery, speed post or registered mail, on delivery;
(b) In the case of E-Mail and facsimiles, 24 hours following confirmed transmission.
1.6 Location
The services shall be performed at such locations as are specified in TOR.
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1.7 Authorized Representatives: Any action required or permitted to be taken, and any
document required or permitted to be executed under this Agreement by the Agency
or the Consultants may be taken or executed by the officials specified in the RFP.
1.8 Taxes and Duties: The Consultants and the personnel shall pay the taxes, duties, fees,
levies and other impositions levied under the existing, amended, or enacted laws during
life of this agreement and the Employer shall perform such duties in regard to the
deduction of such tax as may be lawfully imposed
1.9 The conditions shown in Request for Proposal (RFP), Term of Reference, Technical,
and Financial Offers shall form the part of this agreement.
2. COMMENCEMENTS, COMPLETION, MODIFICATION AND TERMINATION OF
AGREEMENT
2.1 Effectiveness of Agreement
This agreement shall come into force and become effective on the date (the ‘Effective
Date’) of the Employer notice to the Consultants instructing them to begin carrying
out of the services. The notice shall confirm that the effectiveness conditions, if any,
listed in Special Conditions (SC) of this agreement have been met. Provided that the
Agreement may become effective in different participating States on different dates.
2.2 Termination of Agreement for Failure to Become Effective
If this Agreement has not become effective within such time period after the
agreement signed by the Parties as shall be specified in the SC of this agreement, the
Agency or the Consultant may, by not less than 15 days written notice to the other
Party, declare this Agreement to be null and void, and in the event of such a
declaration by either party, neither Party shall have any claim against the other
party with respect hereto.
2.3 Commencement of Services: The Consultants shall begin carrying out the Services at
the end of such period after the effective date as specified in the SC of this agreement.
2.4 Expiration of Agreement: Unless terminated earlier pursuant to GC Clause 2.9
hereof, the Agreement shall expire when services have been completed and all
payments have been made at the end of such time period after the Effective date as shall
be specified in the SC or this agreement.
2.5 Liability of Parties: This agreement contains all covenants, stipulations, and
provisions agreed by the parties. No agent or representative of either Party has authority
to make, and the Parties shall not bound by or be liable for, any statement,
representation, promise or agreement not set forth herein.
2.6 Modification
Modifications of the terms and conditions of this agreement, including any modification
of the scope of the services, may only be made by written agreement between the parties.
Pursuant to Clause 7.2 of this agreement hereof, however, each Party shall give due
consideration to any proposals for modification made by the other Party.
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2.7 Force Majeure
2.7.1 Definition
(a) For the purposes of this agreement, Force Majeure means an event which is beyond
the reasonable control of a Party, and which makes a Party’s performance of its
obligation here under impossible or so impractical as reasonably to be considered
impossible in the circumstances, and includes, war, riot. civil disorder, earthquake,
fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts
or other industrial action which are not within the power of the Party invoking Force
Majeure to prevent, confiscation or any other action by Government agencies.
(b) Force Majeure shall not include any event, which is caused by the negligence or
intentional action of a Party or such Party’s Sub-Consultant or agent or employees or,
(c) Force Majeure shall not include any event, which a diligent Party could reasonably
have been expected to:
(d) Take into account at the time of the conclusion of this Agreement and/or;
(e) Avoid or overcome in the carrying out of its obligations hereunder.
(f) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.
2.7.2 No Breach of Agreement
The failure of a Party to fulfill any of its obligations hereunder shall not be considered to
be a breach of or default under this agreement insofar as such inability arises from an
event of Force Majeure, provided that the Party affected by such an event has taken all
reasonable precautions, due and reasonable alternative measures, all with the objective
of carrying out the terms and conditions of this agreement.
A Party affected by an event of Force Majeure shall take all reasonable measures to
remove such Party’s inability to fulfill its obligations hereunder with a minimum of
delay. A Party affected by an event of Force Majeure shall notify the other Party of such
event as soon as possible, and in any event not later than fourteen (14) days following
the occurrence of such event, providing evidence of the nature and cause of such event,
and shall similarly give notice of the restoration of normal conditions as soon as
possible. The Parties shall take all reasonable measures to minimize the consequences of
any event of Force Majeure.
2.7.3 Consultation
Not later than thirty (30) days after the Consultants, as the result of an event of Force
Majeure, have become unable to perform a material portion of the Services, the
Parties shall consult with each other with a view to agreeing on appropriate measures to
be taken in the circumstances.
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2.7.4 Extension of Time
Any period within which a Party shall, pursuant to this Agreement, 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.
2.7.5 Payments
During the period of their inability to perform the Services as a result of an event of
Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs
reasonably and necessarily incurred by them during such period for the purposes of
services and in reactivating the Services after the end of such period.
2.8 Suspension: The Agency, by written notice of suspension to the Consultants, may
suspend all payments to the Consultants hereunder, if the Consultants fail to perform
any of their obligations under this Agreement, including the carrying out of the
Services provided that such notice of suspension (i) shall specify the nature of the
failure and (ii) shall request the Consultants to remedy such failure within a period not
exceeding fifteen (15) days after receipt by the Consultants of such notice of
suspension.
The Agency, for any reasons beyond his reasonable control, may ask the
consultant to suspend whole or part of the work/services for such time till the
reasons are removed or settled. The extra time period of such duration shall be
granted as time extension on the original terms and conditions.
2.9 Termination
2.9.1 By the Agency
a) The Agency, may by not less than fifteen (15) days written notice of termination to
the Consultant, such notice to be given after the occurrence of any of the events
specified in paragraphs (a) to (g) of this Clause, terminate this Agreement: If the
Consultants fail to remedy the failure in the performance of their obligations
hereunder, as specified in a notice of suspension pursuant to Clause 2.8 of this
agreement hereinabove, within fifteen (15) days of receipt of such notice of
suspension or within such further period as the Agency may have subsequently
approved in writing;
b) If the Consultants (or if the Consultants consists of more than one entity, (of any of
their members) become insolvent or bankrupt or enter into any agreements with
their creditors for relief of debt or take advantage of any law for the benefit
of debtors or go into liquidation or receivership whether compulsory or voluntary;
c) If the Consultants fail to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 10 of this agreement hereof;
d) If the Consultants submit to the Agency a statement which has a material
effect on the rights, obligations or interests of the Agency and which the Consultants
know to be false;
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e) If as the result of Force Majeure, the Consultants are unable to perform a
material portion of the Services for a period of not less than sixty (60) days;
f) If the Agency, in its sole discretion and for any reason whatsoever, decides to
terminate this Agreement;
g) If the Consultant, in the judgment of the Agency, was engaged in any activity
falling under Conflict of Interests category as defined in Clause 3.2 hereof.
2.9.2 Cessation of Rights and Obligations
Upon termination of this Agreement pursuant to GC Clauses 2.2 or 2.9.1 hereof, or
upon expiration of this Agreement pursuant to Clause 2.4 of this agreement hereof,
all rights and obligations of the Parties hereunder shall cease, except:
(a) Such rights and obligations as may have accrued on the date of termination
or expiration;
(b) The obligation of confidentiality set forth in Clause 3.3 of this agreement hereof;
The Consultant's obligation to permit inspection, copying and auditing of
their accounts and record set forth in Clause 3.6 of this agreement hereof;
(c) The Consultant's obligations regarding default in performance of the
services in accordance of the provisions of the agreement and for any loss
suffered by the Agency, whereof, as a result of such default; and
(d) Any right, which a party may have under the Applicable Law.
2.9.3 Cessation of Services:
Upon termination of this agreement by notice of either to the other pursuant to Clauses
2.9.1 of this agreement hereof, the Consultants shall, immediately upon dispatch or
receipt of such notice, take all necessary steps to bring the Services to a close in a
prompt and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum. With respect to documents prepared by
the Consultants and equipment and materials furnished by the Agency, the Consultants
shall proceed as provided, respectively, by Clauses 3.9 or 3.10 of this agreement
hereof.
2.9.4 Payment upon Termination:
Upon termination of this agreement pursuant to Clauses 2.9.1 of this agreement
hereof, the Employer shall make the payment pursuant to clause 6 of this agreement
hereof for services satisfactorily performed prior to the effective date of termination,
subject to other conditions of this agreement, to the Consultants (after offsetting
against these payments any amount that may be due from the Consultants to the
Agency):
2.9.5 Disputes about Events of Termination: If either Party disputes whether an event
specified in paragraphs (a) to (c) Clause 2.9.1 of this agreement of this agreement
hereof has occurred, such party may, within forty-five (45) days after receipt of
notice of termination from the other party, refer the matter to arbitration
pursuant to Clause 10 of this agreement hereof.
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3. OBLIGATIONS OF THE CONSULTANT
3.1 General
3.1.1 Standard of Performance: 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 techniques and practices, and shall
observe sound management practices, and employ appropriate advanced technology
and safe and effective equipment, machinery, materials and methods. The
Consultants shall always act, in respect of any matter relating to this Agreement or to the
Services, as faithful advisers to the Agency, and shall at all times support and
safeguard the Agency's legitimate interests in any dealings with Sub-consultants or
Third Parties.
3.1.2 Law Governing Services:The Consultants shall perform the Services in accordance
with the Applicable Law and shall take all practicable steps to ensure that any Sub-
consultants, as well as any personnel of the Consultant and/or Sub-Consultants and
agents, comply with the Applicable Law time being in force.
3.2 Conflict of Interests
3.2.1 Consultants not to benefit from Commissions, discounts etc.: The
remuneration of the Consultants pursuant to Clause 6 of this agreement hereof shall
constitute the Consultant's sole remuneration in connection with this agreement or
the services and subject to Clause 3.2.2 of this agreement hereof, the Consultants
shall not accept for their own benefit any trade commission, discount or similar
payment in connection with activities pursuant to this Agreement or to the
Services or in the discharge of their obligations hereunder, and the Consultants
shall use their best efforts to ensure that any of the Personnel and agents, or
either of them, similarly shall not receive any such additional remuneration.
3.2.2 Procurement Rules of Funding Agencies: If the Consultants, as part of the Services,
have the responsibility of advising the Agency on the procurement of goods, works or
services, the Consultants shall comply with any applicable procurement guidelines
applicable in the state of Manipur and shall at all times perform such responsibility
in the best interest of the Agency. Any discounts or commissions obtained by the
Consultants in the exercise of such procurement responsibility shall be for the account
of the Agency.
3.2.3 Consultants and Affiliates not to engage in certain activities: The Consultants
agree that, during the term of this agreement and after its termination, the Consultants
and any entity affiliated with the Consultants, as well as any Sub- Consultant and
any entity affiliated with such Sub-Consultant, shall be disqualified from
providing goods, works or services (other than the services and any continuation
thereof) for any Project resulting to the Services.
3.2.4 Prohibition of Conflicting Activities: The Consultants shall not engage and shall
cause their personnel as well as Sub-Consultants and their Personnel not to engage,
either directly or indirectly in any business or professional activities in the State of
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Manipur which would conflict, with the activities assigned to them under this
Agreement.
3.3 Confidentiality: The Consultants, their Sub-Consultants and the personnel of either
of them shall not, either during the term or within two (2) years after the expiration of
this Agreement, disclose any proprietary or confidential information relating to the
project, the services, this agreement or the Agency's business or operations
without the prior written consent of the Agency.
3.4 Limitations of the consultant’s liability towards Agency:
Except in case of gross negligence or willful misconduct on the part of the Consultants
or on the part of any person or firm acting on behalf of the Consultants in carrying out
of the services, the Consultants, with respect to the damage caused by the Consultants to
the Agency’s property, or the State’s property, shall not be liable to Agency or the State,
as the case may be:
(i) For any indirect or consequential loss or damage, and
(ii) For any direct loss or damage that exceeds:
(A) The total payments for services made and expected to be made to the Consultant
hereunder; or
(B) The proceeds Consultant may be entitled to receive from any insurance
maintained by the Consultant to cover such a liability, whichever of (A) or (B)
is higher.
(C) The limitation of liability shall not affect the Consultant's liability, if any, for
damage to third parties caused by the Consultants or person or firm acting on
behalf of the Consultant in carrying out the services.
3.5 Accounting, Inspection and Auditing:
The Consultants shall:
(i) Keep accurate and systematic accounts and records in respect of the Services,
hereunder, in accordance with accepted accounting principles and in such form
and detail as will clearly identify all relevant time charges and cost, and the
bases thereof; and
(ii) Permit the Agency or its designated representative periodically, and up-to one
year from the expiration or termination of this agreement, to inspect the same
and make copies thereof as well as to have them audited by auditors appointed
by the Agency.
3.6 Reporting Obligations: The Consultants shall submit to the Agency the reports and
documents specified in Clause 7 of TOR (Section 5) hereto, in the form, in the
numbers and within the time period set forth in the said Para and also furnish specific
data/information called for by the Agency as and when required.
3.7 Documents Prepared by the Consultants to be the Property of the Employer:
All plans, drawings, specifications, designs, reports, other documents and software
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prepared by the Consultants for the State Agency under this agreement shall become
and remain the property of the Agency. The Consultants shall, not later than upon
termination or expiration of this Agreement, deliver all such documents etc. to the
Agency, together with a detailed inventory thereof. The Consultants may retain a
copy of such documents and software. Restrictions about the future use of these
documents and software, if any, shall be specified in the SC.
3.8 Equipment and Materials furnished by the Agency: Equipment and materials made
available to the Consultants by the Agency or purchased by the Consultants with funds
provided by the Agency shall be the property of the respected Agency and shall be
marked accordingly. Upon termination or expiration of this agreement, the Consultants
shall make available to the Agency an inventory of such equipments and material and
shall dispose of such equipments and materials in accordance with the Agency’s
instruction.
Equipments and materials, the Consultants, unless otherwise instructed by the
Agency in writing, shall insure them at the expense of the Agency in an amount
equal to their replacement value.
3.9 Insurance to be taken Out by the Consultant:
The Consultants shall:
(i) Take out and maintain, and shall cause any Sub-Consultants to take out and
maintain at their (or the Sub-Consultants, as the case may be) own cost but on
terms and conditions approved by the Authority, insurance against the risks, and
for the coverage’s, as specified below; and
(ii) At the Authority’s request, provide evidence to the Authority showing that such
insurance has been taken out and maintained and that the current premiums
therefore have been paid.
(iii) Third party motor vehicle liability insurance as required under Motor Vehicles
Act 1988 in respect of motor vehicles operated in India by the Consultants
or their personnel or any sub Consultant or their personnel for the period of the
Consultancy; and
(iv) Employer’s liability and worker’s compensation insurance in respect of the
personnel of the Consultant and of any Sub Consultant, in accordance with
relevant provisions of the applicable law, as well as, with respect to such
personnel, any such life, health, accident, travel or other insurance as may be
appropriate
3.10 Consultants' Actions Requiring Agency's Prior Approval
The Consultants shall obtain the Agency's prior approval in writing before taking any of
the following actions:
(a) appointing such members of the Personnel as are listed in Section 5, TOR,
(Consultant's Key Personnel) merely by title but not by name;
(b) any other action that may be specified in the SC.
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4. CONSULTANT’S PERSONNEL
4.1 General: The Consultants shall employ and provide such qualified and experienced
Personnel as are required to carry out the Services.
4.2 Description of Personnel: The titles, agreed job descriptions, minimum qualifications
and approximate period of engagement in carrying out of the Services of each of the
Consultant’s Key Personnel are described in Section 5, TOR.
4.3 If additional work is required beyond the scope of the Services specified in TOR, the
estimated time-input for the Key Experts may be increased by agreement in writing
between the Agency and the Consultant. In case where payments under this Contract
exceed the ceilings set forth in Clause GCC 6.1(C), the Parties shall sign a Contract
amendment. The contract amendment rates will be increased/decreased in proportion
to the change in the Consumer Price Index, issued by the Central Statistics Office,
Ministry of Statistics and Program Implementation, GOI from the date of signing of
contract to the date of Contract amendment.
4.4 Approval of Personnel: The Key Personnel listed by title and by name in the bid
are hereby approved by the Agency. In respect of other personnel, which the
Consultants propose to use in the carrying out of the Service, the Consultants shall
submit to the Agency for review and approval of a copy of their biographical data. If
the Agency does not object in writing (stating the reasons for the objection)
within thirty (30) calendar days from the date of receipt of such biographical
data, such Key Personnel shall be deemed to have been approved by the Agency.
4.5 Removals and / or Replacement of Personnel:
(a) Except as the Agency may otherwise agree, no changes shall be made in the
Key Personnel. If for any reason beyond the reasonable control of the
Consultants, it becomes necessary to replace any of the Personnel, the
Consultants, shall forthwith provide as a replacement a person of equivalent or
better qualifications acceptable to the Employer, such replaced person shall be
inducted only after approval by the Agency;
(b) If the Agency
(i) finds that any of the Personnel has committed serious misconduct or has
been charged with having committed a criminal action, or
(ii) has reasonable cause to be dissatisfied with the performance of any of the
personnel, then the Consultants shall, at the Agency's written
request specifying the grounds therefore, forthwith provide as a
replacement a person with qualifications and experience acceptable to the
Agency.
4.6 Team Leader and Dy. Team Leader: The Consultants shall ensure that at all times
during the Consultants performance of the Services, under this agreement, a Team
leader/Dy. Team leader in the Project Management office at Imphal acceptable to the
Agency, shall take charge of the performance of such services.
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4.7 Working Hours, Overtime, Leave, etc.
4.7.1 Working hours and holidays for Experts are set forth in Appendix III.
4.7.2 The Experts shall not be entitled to be paid for overtime nor to take paid sick leave or
vacation leave except as specified in Appendix III, and the Consultant’s remuneration
shall be deemed to cover these items.
4.7.3 Any taking of leave by Key Experts shall be subject to the prior approval by the
Agency and Consultant shall ensure that expert’s absence for leave purposes will not
delay the progress and or impact adequate supervision of the Services.
5. OBLIGATIONS OF THE EMPLOYER
5.1 Payment: In consideration of the Services performed by the Consultants under
this agreement, the Agency shall make to the Consultants such payments and in
such manner as is provided by GC Clause 6 of this agreement.
5.2 Access to Land: The Authority warrants that the Consultants shall have free of
charge unimpeded access to all land in the State of Manipur in respect of which access
is required for the performance of the Services.
5.3 Assistance and Exemptions Unless otherwise specified in the SC, the Authority
shall use its best efforts to ensure that the Government shall:
5.3.1 Provide the Consultants, the Sub-Consultants and Personnel with work permits and
such other documents as shall be necessary to enable the Consultants, Sub-Consultants
and Personnel to perform the Services.
5.3.2 Assist the Consultants, sub-Consultants and the Personnel employed by them for the
Services from any requirement to register or obtain any permit to practice their
profession or to establish themselves either individually or as a corporate entity
according to the Applicable Law.
5.3.3 Grant to the Consultants, any sub-Consultants and the Personnel of either of them the
privilege, pursuant to the Applicable Law, of bringing into State of Manipur reasonable
amount of currency for the purposes of the Services or use of the personnel and their
dependents and of withdrawing any such amounts as may be earned therein by the
Personnel in the execution of the Services.
5.3.4 Issue to officials, agents and representatives of the Government all such
instructions as may be necessary or appropriate for the prompt and effective
implementation of the Services.
6. MODE OF BILLINGS AND PAYMENT AS PER THE PRIORITY /
FINANCIAL NORMS OF THE STATE FINANCIAL DEPARTMENT.
The Employer shall cause the payment of the Consultant/firm/institution promptly after
receive of the bill by the Employer on the basis of the measured works actually completed
and verified by the Employer on quarterly basis as per availability of Check Drawal
Authority/Money as per the rules and regulations under government of Manipur. The final
payment under this Clause shall be made only after the final report and a final statement,
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identified as such, shall have been submitted by the Consultant/firm/institution and approved
as satisfactory by the Employer. The contract shall be deemed completed and finally
accepted by the Employer and the final statement shall be deemed approved by the Employer
as satisfactory sixty (60) days after the final report and final statement by the Employer
unless the Employer, within such sixty (60) days period, gives written notice to the
Consultant/firm/institution specifying in detail deficiencies in the contract works, the final
report or final statement. The Consultant/firm/institution shall thereupon make any necessary
corrections, and upon completion of such corrections, the foregoing process shall be
repeated. Payments shall be adjusted for deductions for advance payments (if any), retention,
other recoveries in terms of contract & taxes to be deducted at source [TDS] as per
7. FAIRNESS AND GOOD FAITH
7.1 Good Faith: The Parties undertake to act in good faith with respect to each other’s
rights under this agreement and to adopt all reasonable measures to ensure the
realization of the objectives of this agreement.
7.2 Operation of the Agreement: The Parties recognize that it is impractical in this
agreement to provide for every contingency which may arise during the life of the
agreement, and the Parties hereby agree that it is their intention that this agreement
shall operate fairly as between them, and without detriment to the interest of
either of them and that if during the term of this agreement either Party believes
that this agreement is operating unfairly, the Parties will use their best efforts to
agree on such action as may be necessary to remove the cause or causes of such
unfairness, but on failure to agree on any action pursuant to this Clause shall give
rise to a dispute subject to arbitration in accordance with GC Clause 10 thereof.
8. ACTION WHEN THE KEY PERSONNEL NOT PROVIDED
As per Para 5 of the TOR (Section 5) the Consultant is required to provide the Key
Personnel with qualification and experience as laid down therein. The team given
in Technical Proposal will have to be employed on the work. No replacement will be
allowed for six months. However, the changes of team members will be allowed only in
exceptional circumstances on approval of the Agency. If the services of required staff
are not made available at proper time and in specified number, the proportionate
payment shall be deducted from the bills of the Consultant as specified in Clause 8.2
of the TOR (Section 5). In addition, the Consultant shall be liable for action under
other clauses of the contract that may ultimately result in the termination and or black
listing of the contract
9. The Consultant shall be liable for defects, discrepancies and disorders etc. in works
executed under his supervision.
10. SETTLEMENT OF DISPUTES
10.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably
all disputes arising out of or in connection with this agreement or the interpretation
thereof.
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10.2 Dispute Settlement: Any dispute between the Agency and the Consultants as to
matters arising pursuant to this agreement, which cannot be settled amicably within
thirty (30) days after receipt, by one Party or the other. Party‘s request for such amicable
settlement may be submitted by either Party for settlement in accordance with the
provisions specified in Clause 10.3 hereof.
10.3 If any dispute or difference of any kind whatsoever shall arise in connection with or out
of this Contract and which is not amicably settled between Consultant and the Agency
as per provisions of Clause 10.2 of the agreement the same shall be referred for
settlement to the Adjudicator nominated by the Government of Manipur, Public Health
Engineering Department within 14 days of arising of such disputes. The Adjudicator
shall give a decision in writing within 28 days of receipt of a notification of dispute.
Performance under the Contract shall continue notwithstanding the reference to the
Adjudicator.
10.4 A Party not satisfied with the decision of the Adjudicator shall be free to refer the
case for arbitration under the provisions of The Arbitration and Reconciliation Act
1996 within 30 days. If neither Party prefers the dispute to Arbitration within the above
30 days, the Adjudicator’s decision will be final and binding.
10.5 Except where the decision has become final, binding and conclusive in terms of sub
Clause 10.4 above, the disputes or difference shall be referred for Adjudication through
arbitration by a sole Arbitrator appointed by PHED.
10.6 It is the term of this contract that the Party invoking arbitration shall give a list of
disputes with amounts claimed in respect of each such dispute along with notice for the
appointment of Arbitrator and giving reference to the rejection by the Adjudicator.
10.7 The cost and expenses of arbitration proceedings shall be paid as determined by the
arbitrator.
10.8 Miscellaneous: In any arbitration proceeding hereunder:
(a) Proceedings shall, unless otherwise agreed by the Parties, be held in the State
Capital, Imphal.
(b) The English language shall be the official language for all purposes And
(c) The decision of the arbitrator shall be final and shall be enforceable in any court
of competent jurisdiction, and the Parties hereby waive any objections to or
claims of immunity in respect of such enforcement.
11. JURISDICTION
The Agreement has been entered into at Imphal and its validity, construction,
interpretation & legal effects shall be to the exclusive jurisdiction of the courts of
Manipur. No other jurisdiction shall be applicable.
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SPECIAL CONDITIONS OF AGREEMENT (SC)
Number of Amendments of, and Supplements to, Clauses in the GC General
Condition of Agreement.
2.1 The agreement shall come into force and effect on date order to commence services is
issued by Agency.
2.2 The time period shall be 15 days unless any other time period parties may agree in
writing.
2.3 The time period shall be 15 days unless any other time period parties may agree in
writing.
2.4 The time period shall be [36] months unless any other time period parties may agree
in writing.
3.7 The Consultant shall not use these documents for purposes unrelated to this
agreement without the prior written approval of the Agency.
3.10(b) The other actions are: Taking any action under a civil works agreement
designating the Consultants as ‘Engineer’, for which action, pursuant to such civil
works agreement, the written approval of the Employer (Agency) as ‘Employer’ is
required.
4.6 The person designated as Team Leader/Dy. Team Leader in TOR shall serve in that
capacity, as specified in Clause GC 4.5.
6.1 Payments for remuneration made in accordance with Clause GC 6:1 shall be adjusted as
follows:
(1) Remuneration of employed personnel pursuant to the quoted rates shall be
adjusted only once after 12 months from the date of commencement by
increasing it by a factor of increase in Consumer Price Index issued by the Central
Statistics Office, Ministry of Statistics and Program Implementation, GOI.
(2) Notwithstanding any other provisions in the agreement in this regard, this
provision will prevail and override any other provision to the contrary in this
agreement.
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APPENDIX - I
General Scope of Work & Tasks of Key International Sewerage Specialist
 Undertake review of the technical and operational soundness of at least One schemes and
identify gaps, risks and suggest improvements on overall implementation for ensuring
sustainable service delivery.
 Review the technical specifications and service delivery targets proposed in the contracts
and suggest improvements and additions if any for ensuring quality and timely
completion of construction and ensuring effective service delivery to customers.
 Review the detailed engineering designs, quality assurance plans and service delivery
plans, submitted by the contractors for at least One schemes and suggest improvements
for ensuring proper disposal of sewage in urban areas.
 Develop and establish focused policies for ensuring coverage of sewerage networks and
connections to the entire population in the scheme area especially simplifying and setting
in place easy to implement procedures and policies for servicing every household.
 Verifying the financial projections of capital and operating costs and revenue recovery
potential and determining operating subsidies.
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APPENDIX: II
FORMAT FOR SUBMISSION OF QUERY
Name of Tender
Tender Document No.
E- Tender ID
Bid Opening Date
Bidder’s Name
Contact person from Bidder
with address, e-mail and
Contact No.
Sr. Description as Queries/ Clarification

Reference Remarks
No. Per Tender/ IFB of the bidder
Section No.
1. Page No.
Para No/ Clause No.
Section No.
2. Page No.
Para No/ Clause No.
Section No.
……... Page No.
Para No/ Clause No.
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APPENDIX: III
Working Time, Holidays and Leaves
1. Working Time 9 am to 5 pm
2. Holidays in a calendar year
I. All Sundays
II. 3 National Holidays ( 26 January, 15 August and 2
October)
III. 7 other holidays as mutually agreed upon between
Agency and Consultant.
3. Leaves Consultant staff will not be eligible for any leaves except
12 Casual Leaves in a calendar year.
1. One working (billable) day shall be not less than eight (8) working (billable) hours.
2. Months are counted from the date of the mobilization. Working days in a month of the
Agency office will be considered as one month for consultants working.
3. All inputs would be Field office Inputs However, if the consultant requires to perform any
part of the assignment at Home Office, the extent of work performed at Home office and
number of days that would be required to perform the assignment should be informed in
advance to the Agency and such work to be undertaken only after the approval of the
Agency. Remuneration would be same for home office and filed office inputs.
4. The claims of the remuneration of the consultant staff should be accompanied by a Time
sheet and work report (in the format agreed during negotiation) duly signed by the Team
Leader
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APPENDIX-IV
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APPENDIX-V
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APPENDIX-VI
DECLARATION ABOUT ABIDING BY CODE OF INTEGRITY OF PUBLIC
PROCUREMENT
I/We declare that I/we will observe the highest standard of ethics and will not indulge in
the following prohibited practices, either directly or indirectly, at any stage during the
procurement process or during execution of resultant contracts:
i). “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or

gifts or any material benefit, in exchange for an unfair advantage in the
procurement process or to otherwise influence the procurement process or
contract execution;
ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or

attempt to mislead so that financial or other benefits may be obtained, or an
obligation avoided. This includes making false declaration or providing false
information for participation in a tender process or to secure a contract or in
execution of the contract;
iii) “Anti-competitive practice”: any collusion, bid rigging or anti-competitive

arrangement, or any other practice coming under the purview of The
Competition Act, 2002, between two or more bidders, with or without the
knowledge of the Agency, that may impair the transparency, fairness and the
progress of the procurement process or to establish bid prices at artificial, non-
competitive levels;
iv) “Coercive practice”: harming or threatening to harm, persons or their property to

influence their participation in the procurement process or affect the execution
of a contract;
v) “Conflict of interest”: participation by a bidding firm or any of its affiliates that

are either involved in the consultancy contract to which this procurement is
linked; or if they are part of more than one bid in the procurement; or if the
bidding firm or their personnel have relationships or financial or business
transactions with any official of Procuring Entity who are directly or indirectly
related to tender or execution process of contract; or improper use of
information obtained by the (prospective) bidder from the Procuring Entity with
an intent to gain unfair advantage in the procurement process or for personal
gain and
vi) “Obstructive practice”: materially impede the Agency’s investigation into

allegations of one or more of the above mentioned prohibited practices either by
deliberately destroying, falsifying, altering; or by concealing of evidence
material to the investigation; or by making false statements to investigators
and/or by threatening, harassing or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation; or by impeding the Agency’s rights of audit or
access to information.
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Date:
(Signature of the Authorized signatory)
(Name and designation of the of the Authorized
Place: signatory)
Name and seal of Applicant
73 | P a g e

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GOVERNMENT OF MANIPUR

PUBLIC HEALTH ENGINEERING DEPARTMENT

Name of work: Project Management and Supervision

IFB Invitation for Bid

QCBS Quality Cost Based Selection

RFP Request for proposal

NIT Notice Inviting Tender

BDS Bid Data Sheet

PIU Project Implementing Unit

PM&SC Project Management and Supervision Consultant

SQC Quality Control Consultant

DSC Design and Supervision Consultant

EHS Environment Health and Safety

CPHEEO Central Public Health & Environmental Engineering Organization

DTL Deputy Team Leader

GST Goods and Services Tax

No. Bid No. CE/PHE/TECH/2-469/PM&SC/2022/3522 Date: 15/03/2022.

NOTICE INVITING TENDER FOR PROJECT MANAGEMENT AND

Brief Description of Project

SECTION- 1: LETTER OF INVITATION

Ref. No.: Dated:

…………………………………….. [Contact Person & Designation]

Dear Mr. /Ms.

PROJECT MANAGEMENT&SUPERVISION CONSULTANT

i). “Corrupt practice”: making offers, solicitation or acceptance of bribe, rewards or

ii) “Fraudulent practice”: any omission or misrepresentation that may mislead or

iv) “Coercive practice”: harming or threatening to harm, persons or their property to

vi) “Obstructive practice”: materially impede the Agency’s investigation into

2. CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS

3. PREPARATINON OF THE PROPOSAL

4. THE TECHNICAL PROPOSAL

6. SUBMISSIONS, RECEIPT, AND OPENING OF PROPOSALS

8. OPENING AND EVALUATION OF FINANCIAL PROPOSALS

11. AWARD OF CONTRACT

12. GRIEVANCE REDRESSAL/ COMPLAINT PROCEDURE

Sl. Name of Officers Designation Email

IV Qualification and Relevant Experience of the 45

Form TECH-6 : Summary of information on proposed experts

1. I/We …………………… the undersigned, offer to provide the consulting services

MAJOR WORK DURING LAST FIVE YEARS THAT BEST ILLUSTRATES

INTEGRATED SEWERAGE SYSTEM FOR IMPHAL CITY PHASE II PROJECT

Project Name: Field of Professional Service Provided by your

Project Location: Professional Staff Provided by your Company:

Name of Agency (Employer): No. of Person-Months:

Detailed Narrative Description of Project:

Detailed Description of Actual Services Provided by your Company:

Firm's Name and signature of Authorized Representative:

INTEGRATED SEWERAGE SYSTEM FOR IMPHAL CITY PHASE II PROJECT

Sr. No. Name Position Task assigned

INTEGRATED SEWERAGE SYSTEM FOR IMPHAL CITY PHASE II PROJECT

CURRICULUM VITAE (CV) FORMAT TO BE SUBMITTED WITH PROPOSAL

[Signature of expert or authorized representative of the firm]

SUMMARY OF INFORMATION ON PROPOSED EXPERTS

INTEGRATED SEWERAGE SYSTEM FOR IMPHAL CITY PHASE II PROJECT

Forms to be used Financial Proposal Standard Forms

Remuneration: Proposed Billing Rates for Experts

FROM: [Name & Address of the Agency]

Subject: Project Management & Supervision Consultant Engagement (PM&SC) for

No Description Amount INR

6. Senior Quantity  B.E/B. Tech with 12 yrs or M.E/Mtech with

AGREEMENT FOR CONSULTANT’S SERVICES Between

FOR AND ON BEHALF OF CONSULTANT [Name of the Consultant] By

FOR AND ON BEHALF OF EACH OF THE