Request for Proposal (RFP) for Preparation of Detailed Project Report (DPR) and providing PMC

services for Projects under Beneficiary Led Construction in 30 ULBs in Uttar Pradesh

STATE URBAN DEVELOPMENT AGENCY (SUDA)

Navchetna Kendra, 10-Ashok Marg, Lucknow - 226001
Phone: 0522-2286709 Fax – 0522-2286711 Website: http://www.sudaup.org
1. Tender No. 2046/03/29/HFA/2017-18 Date: 29 August, 2017
2. Director, SUDA invites technical and financial proposals from eligible Consultancy Firms / Agencies/
Companies for Preparation of Detailed Project Report (DPR) and providing PMC services for Projects under
Beneficiary Led Construction in 30 ULBs in Uttar Pradesh. Aforesaid 30 ULBs are in Azamgarh cluster
details of which is mentioned in Annexure - 2 to the RFP.
3. Consultancy Firms / Agencies / Companies will not be awarded more than 04 clusters including previous
sanctioned clusters.
4. Eligibility Criteria
I. Consultancy Firms / Agencies / Companies should have been in operation in India for at least 3 years after
its registration / incorporation;
II. Average annual turnover of the Consultancy Firms / Agencies / Companies for the last three financial years
should be at least Rs. 5.00 Crore.
III. The Consultancy Firms / Agencies / Companies having experience of executing at least 2 similar
assignments such as preparation of DPRs for Mass Housing Projects and 1 assignment such as providing of
PMC / PMU services for projects under BSUP/IHSDP/RAY/HFA/NULM and other Govt. Mass Housing
Project.
IV. The bidder should not have been blacklisted by the Central / State Government in India, or any entity
controlled by them, from participating in any project at current date.
5. Association Arrangements, Subcontracting and Joint Ventures with other Consultancy Firms / Agencies /
Companies are not permitted for this assignment.
6. Interested Consultancy Firms / Agencies / Companies may download the complete Request for Proposal (RFP)
document, from tender section on the website www.sudaup.org from dt. 30/08/2017 onwards.
7. Interested Consultancy Firms / Agencies / Companies may submit their proposals along with a non-refundable
Demand Draft of Rs. 5,000/- (Rupees Five thousand) only per cluster drawn in favour of Director, SUDA,
payable at Lucknow, towards the cost of RFP document. No liability will be accepted for downloading the
incomplete document. Separate bids should be submitted for each cluster.
8. Interested Consultancy Firms / Agencies / Companies shall submit their proposals along with Earnest Money
Deposit (EMD) in the form of DD / BG / FDR amounting refundable Rs. 20,00,000 (Rupees Twenty Lakh
only) per cluster which is as per the para-9.2 of chapter-9 of procurement manual.
9. Performance security will be 5% of the work order value of the Consultancy Firms / Agencies / Companies as
per the agreement.
10. Pre Bid meet will be held on 04.09.2017 from 12.00 am onwards.
11. Sealed Completed Proposals will be received at the address mentioned below on 13.09.2017 upto 15:00 hours
and only Technical Proposals of bids shall be opened on the same day at 15:30 hours at following address:
Director,
State Urban Development Agency (SUDA)
Navchetna Kendra, 10-Ashok Marg, Lucknow - 226001.
Tel: 0522-2286709 & Fax: 0522-2286711, [email protected]
12. Proposals received without cost of RFP document and Earnest Money Deposit (EMD) will be rejected.
13. Director, SUDA reserves the right to accept or reject any or all proposals without incurring any obligation to
inform the affected applicants of the grounds. The proposals will be evaluated based on the information
provided by the applicants and the evaluation criteria detailed in RFP document.
14. Corrigendum if any will be published on website www.sudaup.org.

Director, SUDA / Mission Director, HFA

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 Letter of Invitation
No. 2046/03/29/HFA/2017-18 Date: 29 August, 2017
From:
Director,
State Urban Development Agency (SUDA)
Navchetna Kendra, 10-Ashok Marg, Lucknow - 226001
Tel: 0522-2286709 & Fax: 0522-2286711 [email protected]

To:
All Prospective Bidders
Attention: Mr/Ms.

Director, SUDA invites proposals to provide the following consulting services: “Preparation of
Detailed Project Report (DPR) and providing PMC services for Projects under Beneficiary
Led Construction in 30 ULBs in Uttar Pradesh”

Brief Description about the Proposed Project

The Housing for All (HFA) Mission seeks to address the housing requirement of urban poor
including slum dwellers and non slum dwellers of Economic Weaker Section (EWS) of Annual
income up to Rs. 3,00,000 and Lower Income Group (LIG) of Annual Income from Rs. 3,00,001 to
Rs. 6,00,000 through following programme verticals by 2022:
 Slum rehabilitation of Slum Dwellers with participation of Private developers using land as
a resource
 Promotion of Affordable Housing for weaker section through credit linked subsidy
 Affordable Housing in Partnership with Public & Private Sectors
 Subsidy for Beneficiary – Led individual house construction

Refer the guidelines prescribed by Ministry of Urban Development and Poverty Alleviation, Govt.
of India available in website (www.mhupa.gov.in).

The Background Information and Scope of Work are provided in Section 5 – Scope of Work of the
Request for Proposal (RFP);

This RFP is available to all eligible prospective consulting firms who meet the qualifying criteria
detailed in the Notice inviting Request for proposal.

Consultants will be selected under Quality cum Cost Based Selection Method and Procedures
described in this RFP.

The RFP includes the following documents along with Letter of Invitation:
Section1 –Instructions to Bidders
Section2 –Data Sheet to Instruction to Bidders
Section3 –Technical Forms
Section4 –Financial Proposal
Section5 –ToR / Scope of Work
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Section6 Part I – Form of Contract
Part II – General Condition of Contract

All prospective Bidders are advised to go through the RFP Document, visit the towns and
communicate their queries, if any, in writing through email to [email protected] not later than pre
bid meeting date.

Bidders are requested to submit following documents along with their proposals:

I. Document Fee (Non-Refundable) Rs. 5000 (Rupees Five Thousand Only)

II. Earnest Money Deposit (EMD) in the form of DD / BG / FDR amounting refundable Rs.
20,00,000 (Rupees Twenty Lakh only) per cluster which is as per the para-9.2 of chapter-9 of
procurement manual. If submitting FDR the same should be pledged in the Favour of
Director, SUDA;

Performance security will be 5% of the work order value of the Consultancy Firms / Agencies /
Companies

III. Copy of Certificate of Incorporation / Registration Certificate, Permanent Account Number,

Service Tax registration Number.

IV. Audited Statements of last 3 financial years / ITR copy to be enclosed

V. Certificate / MOU from Employer regarding experience should be furnished

Director, SUDA reserves the right to accept or reject any or all proposals, and to annul the selection
process and reject all proposals at any time prior to the award of contract, without thereby incurring
any liability or any obligation in any form to the affected Consultancy Firms / Agencies /
Companies on any grounds.

Yours sincerely,

Director, SUDA / Mission Director, HFA

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 Contents
Section 1- INSTRUCTION TO BIDDERS ...................................................................................................... 6
1. INTRODUCTION ............................................................................................................................ 6
General .................................................................................................................................................. 6
2. CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS ........................................... 9
3. PREPARATION OF THE PROPOSAL ........................................................................................... 9
4. FINANCIAL PROPOSAL .............................................................................................................. 10
5. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS .................................................... 10
6. PROPOSAL EVALUATION ......................................................................................................... 10
General ................................................................................................................................................ 10
Evaluation of Technical Proposals...................................................................................................... 11
7. PUBLIC OPENING AND EVALUATION OF FINANCIAL PROPOSALS ............................... 11
Public Opening of Financial Proposals ............................................................................................... 11
Ranking of Proposals (QCBS) ............................................................................................................ 12
8. Contract Negotiations and Award of Contract ................................................................................ 12
Section 2: Data Sheet to Instruction to Bidder .............................................................................................. 14
Qualifications & Experience of Proposed Experts: ............................................................................ 16
Section 3: Technical Forms .......................................................................................................................... 20
FORM TECH-2A: Bidder's Organization............................................................................................... 21
Form TECH-2B: Bidder's Experience [For full technical proposals only] ............................................. 22
Section 4: Financial Proposal ....................................................................................................................... 24
Section 5: ToR / Scope of Work .................................................................................................................... 26
Part – I: Section I: FORM OF CONTRACT ................................................................................................ 33
Part – II General Condition of contract ........................................................................................................ 35
1. DEFINITATION of INTERPRETATION ..................................................................................... 35
1.1 Definition ................................................................................................................................ 35
1.2 Relation between Parties ......................................................................................................... 36
1.3 Language ................................................................................................................................. 36
1.4 Heading ................................................................................................................................... 36
1.5 Notices .................................................................................................................................... 36
1.6 Location .................................................................................................................................. 37
1.7 Authorized Representative ...................................................................................................... 37
1.8 Taxes and Duties ..................................................................................................................... 37
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF
CONTRACT ........................................................................................................................................... 37
2.1 Effective of Contract ............................................................................................................... 37
2.2 Termination of Contract for Failure to become Effective ....................................................... 37
2.3 Commencement of Service ..................................................................................................... 37

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 2.4 Expiration of Contract ............................................................................................................. 37
2.5 Entire Agreement .................................................................................................................... 37
2.6 Modification ............................................................................................................................ 37
2.7 Force Majeure ......................................................................................................................... 37
3. OBLIGATION OF THE CONSULTANT ..................................................................................... 40
3.1 General .................................................................................................................................... 40
3.2 Conflict of Interests ................................................................................................................. 40
3.3 Confidentiality ........................................................................................................................ 41
3.4 Liability of the Consultant ...................................................................................................... 41
3.5 Insurance to be taken out by the Consultant ........................................................................... 41
3.6 Accounting , Inspection and Auditing .................................................................................... 41
3.7 Reporting Obligations ............................................................................................................. 41
3.8 Documents prepared by the Consultant to be the property of the Client ................................ 41
3.9 Equipment and Materials furnished by the Client................................................................... 41
4. OBLIGATION OF THE CLIENT .................................................................................................. 42
4.1 Access to Land ........................................................................................................................ 42
4.2 Change in the Applicable Law ................................................................................................ 42
4.3 Services, Facilities and Property of the Client ........................................................................ 42
4.4 Payment................................................................................................................................... 42
5. PAYMENT OF BIDDER ............................................................................................................... 42
6. RESPONSIBILITY FOR ACCURACY OF PROJECT DOCUMENTS ....................................... 43
6.1 General .................................................................................................................................... 43
6.2 Penalty..................................................................................................................................... 43
6.3 Action for Deficiency in Services ........................................................................................... 43
6.4 Consultant Liability towards the Client .................................................................................. 43
6.5 Warning / Debarring ............................................................................................................... 43
7. SETTLEMENTS OF DISPUTIES.................................................................................................. 43
7.1 Amicable Settlement ............................................................................................................... 43
7.2 Dispute Settlement .................................................................................................................. 43
7.3 Good Faith .............................................................................................................................. 44
7.4 Operation of the Contract ....................................................................................................... 44
7.5 Invoke of Performance Security.............................................................................................. 44

Section 1 INSTRUCTION TO BIDDERS

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 Section 1- INSTRUCTION TO BIDDERS
1. INTRODUCTION
General
1.1 State Urban Development Agency, Lucknow, Uttar Pradesh, INDIA will select Consultancy
firms / Agencies / Companies in accordance with the method of selection specified in the
Data Sheet.

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 1.2 Bidders should familiarize themselves with local conditions and take them into account in
preparing their Proposals. To obtain first-hand information on the assignment and local
conditions, Bidders are encouraged to visit the project site and engage in stakeholder
consultations.

1.3 Bidder shall bear all costs associated with the preparation and submission of their
Proposals. Costs might include site visit; collection of information; and, if selected, attendance
at contract negotiations etc.

1.4 The SUDA 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.

1.5 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.

Conflict of Interest
1.6 SUDA requires that Bidders provide professional, objective, and impartial advice and at all
times hold the client’s interests paramount, avoid conflicts with other assignments or their
own corporate interests and act without any consideration for future work. Without limitation
on the generality of the foregoing, Bidders, and any of their associates shall be considered to
have a conflict of interest and shall not be selected under any of the circumstances set forth
below:

i. If a Bidder combines the function of consulting with those of contracting and / or supply of
equipment; or
ii. If a Bidder is associated with or affiliated to a contractor or manufacturer; or
iii. If a Bidder is owned by a contractor or a manufacturing firm with departments or design
offices offering services as Bidders. The Bidder should include relevant information on
such relationships along with a statement in the Technical Proposal cover letter to the effect
that the Bidder will limit its role to that of a Bidder and disqualify itself and its associates
from work, in any other capacity or any future project within the next five years that may
emerge from this assignment (including bidding or any part of the future project). The
contract with the Bidder selected to undertake this assignment will contain an appropriate
provision to such effect.

Fraud and Corruption

1.7 SUDA requires that Bidders observe the highest standard of ethics during the procurement and
execution of such contracts. In such pursuance of this policy, the SUDA:

i. defines, for the purposes of this provision, the terms set forth below as follows:

a. “Corruption Practice” public or private sectors by which they improperly and unlawfully
enrich themselves and / or those close to them, or induce others to do so, by misusing the

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 position in which they are placed, and it includes the offering, giving, receiving, or soliciting
of anything of value to influence the action of any such official in the procurement process or
in contract execution; and

b. “Fraudulent Practice” means a misrepresentation of the facts in order to influence a

procurement process or the execution of a contract to the detriment of the SUDA, and
includes collusive practices among bidders (prior to or after bid submission) designed to
establish bid prices at artificial, non-competitive levels and to deprive the SUDA of the
benefits of free and open competition).

c. will reject a Proposal for award if it determines that the bidder recommended for award has
engaged in corrupt practice or fraudulent practices in competing for the contract; and

d. will declare the bidder ineligible, either indefinitely or for a stated period of time, to be
awarded any SUDA contract if it at any time determines that the bidder has engaged in
corrupt practice or fraudulent practice in competing for, or in executing, any SUDA contract.

e. EMD to be forfeited in case of any corrupt practice or fraudulent practice in competing for
the contract.

Proposal Validity
1.8 The data sheet indicates how long the Bidder’s proposal must remain valid after the submission
date. During this period, the Bidders shall maintain the availability of experts nominated in the
Proposal. The SUDA will make its best effort to complete negotiations within this period. In case
of need, the SUDA may request Bidders to extend the validity period of their Proposals subject
to maximum of 180 days. Bidders have the right to refuse to extend the validity period of their
Proposals.

Participation of Government Employees

1.9 No in-service government employee shall be deployed by the Bidder without the prior written
approval by the appropriate authority.

1.10 Earnest Money Deposit (EMD)

i. The EMD of amount indicated in Data Sheet in favour of Director, SUDA payable at
Lucknow shall be in the form of Account Payee Demand Draft, Fixed Deposit Receipt,
Banker's Cheque or Bank Guarantee from any of the nationalised banks in an acceptable form.
The EMD is to remain valid for a period of forty-five days beyond the final bid validity
period.
ii. The SUDA shall reject any bid not accompanied by appropriate EMD, as non-responsive.

iii. The EMD of the successful Bidder shall be returned within two months once he has signed
the agreement and furnished the required performance security.

iv. EMD of the unsuccessful bidders shall be returned to them at the earliest after expiry of the
final bid validity and latest on or before the 30th day after the award of the contract to
successful bidder.

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 v. The EMD may be forfeited:
a. Bidder withdraws its bid during the period of bid validity.
b. If the successful Bidder fails to:
(i) Sign the Agreement within required time frame;
(ii) Furnish a performance security.

2. CLARIFICATIONS AND AMENDMENTS TO RFP DOCUMENTS

2.1 Bidders may request a clarification of any of the RFP documents up to pre bid date. Any request
for clarification must be sent in writing to the address indicated in the Data Sheet. The SUDA
responses will be uploaded on the website www.sudaup.org and will send email of the response,
including an explanation of the query but without identifying the source of inquiry, to all
Bidders. Should the SUDA deem it necessary to amend the RFP as a result of a clarification, it
shall do so following the procedure under Sub-Clause 2.2.

2.2 At any time before the submission of Proposals, the SUDA may, whether at its own initiative, or
in response to a clarification requested by a Bidder, amend the RFP by issuing an addendum.
The addendum shall be sent to all Bidders and will be binding on them. To give Bidders
reasonable time in which to take an amendment into account in their Proposals, the SUDA may at
its discretion, if the amendment is substantial, extend the deadline for the RFP submission.

3. PREPARATION OF THE PROPOSAL

3.1 Bidder’s proposal will consist of three (3) components
i. Earnest Money Deposit (EMD)
ii. The Technical Proposal, and
iii. The Financial Proposal

3.2 Earnest Money Deposit (EMD)

EMD as mentioned in clause no 1.10 above shall be placed in Envelope I. If the EMD is found
proper then only technical and financial proposals will be entertained.

3.3 Technical Proposal

The Proposal, as well as all related correspondence exchanged by the Bidders and the SUDA,
shall be in English. All reports prepared by the contracted Bidder shall also be in English.

3.4 The Proposal should include a cover letter signed by person(s) with full authorization to make
legally binding contractual (including financial) commitments on behalf of the Bidder and items
given in the checklist
Technical Checklist for responsiveness of bidder is given below:

Required
S.No Item
Response
1 Has the consultant paid the RFP document fees
2 Has the consultant submitted the requisite bid processing fee and bid
security
3 Have all the pages required to be signed by the authorized
representative of the consultant been signed.

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 4 Has the power of attorney been submitted in the name of authorized
representative
5 Has the consultant submitted all the required forms of the technical
proposal (Experience certificates of Bidder, approach and
methodology and Details of key professionals)
6 Does the technical proposal contain any financial information
7 Is financial proposal submitted separately in a sealed cover

4. FINANCIAL PROPOSAL
4.1 All information provided in Bidder’s financial Proposal will be treated as confidential.
4.2 The Financial Proposal is to be submitted in the form enclosed as Annexure - 1
4.3 No proposed schedule of payments should be included in Bidder’s financial Proposals.
4.4 Bidders shall quote the rates in Indian National Rupees (INR) only.
4.5 The rates to be quoted shall be in the format (Annexure - 1) given in Section 4. It shall include all
costs / expenses and statutory taxes excluding Service Tax.

5. SUBMISSION, RECEIPT AND OPENING OF PROPOSALS

5.1 The original Proposal (Earnest Money Deposit, Technical Proposal and Financial Proposal) shall
contain no interlineations or overwriting, except as necessary to correct errors made by Bidders
themselves. Any such corrections, interlineations or overwriting must be initialled by the person
(s) who signed the Proposal.

5.2 An authorized representative of the Bidder shall initial all pages of the Technical Proposal and
Financial Proposal duly stamped.

5.3 The original and all copies of the Technical Proposal to be sent to the SUDA shall be placed in
sealed envelope clearly marked “Technical Proposal”. Similarly, the original Financial Proposal
shall be placed in a sealed envelope clearly marked “Financial Proposal” and with a warning “DO
NOT OPEN WITH THE TECHNICAL PROPOSAL ͘ ”, the envelops (Envelop 1 - Earnest
Money Deposit, Envelope 2 - Technical Proposal and Envelope 3 - Financial Proposal) shall be
placed into an outer envelope and sealed. The outer envelope shall bear the submission address,
reference number and other information indicated in the Data Sheet. If the Financial Proposal is
not submitted by the Bidder in a separate sealed envelope and duly marked as indicated above,
this will constitute grounds for declaring both Technical Proposal and Financial Proposal non -
responsive.
5.4 Proposals must be delivered at the indicated SUDA submission addresses on or before the time
and date stated in the Data Sheet or any new date notified by the SUDA.

6. PROPOSAL EVALUATION
General
6.1 From the time the Proposals are opened to the time the contract is awarded, the Bidder should not
contact the SUDA on any matter related to its Technical Proposal and / or Financial Proposal.
Any effort by a Bidder to influence the SUDA in examination, evaluation, ranking of Proposals
or recommendation for award of contract may result in rejection of the Bidder’s proposal

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6.2 The envelope 1 shall be opened first. If the EMD is not found to be in order then the proposal
shall be treated as non responsive and shall not be evaluated further.

Evaluation of Technical Proposals

6.3 The eligibility criteria will be first evaluated as defined in Notice Inviting Request for Proposals
for each bidder. Detailed technical evaluation will be taken up in respect of only those Bidders,
who meet with the prescribed eligibility criteria.

6.4 The committee constituted by SUDA hereinafter referred to Evaluation Committee will be
responsible for evaluation and rankings of Proposals received.

6.5 The Evaluation committee will evaluate and rank the Technical Proposals on the basis of
proposal’s responsiveness to the ToR / Scope of work using the evaluation criteria and points
system specified in the Data Sheet. Each Technical Proposal will receive a technical score. A
Proposal shall be rejected if it does not achieve the minimum technical mark of 750 from the
maximum of 1,000 points.

6.6 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;

ii. The Technical Proposal included details of costs of the services; or
iii. The Technical Proposal reached the SUDA after the submission closing time and date specified
in the Data Sheet.

6.7 After the technical evaluation is completed, the SUDA shall notify Bidders whose Proposals
did not meet the minimum qualifying technical mark or Bidders whose Technical Proposals
were considered non-responsive to the RFP requirements, indicating that their Financial
Proposals will be returned unopened after completion of the selection process. The SUDA
shall simultaneously notify, in writing Bidders whose Technical Proposals received a mark of
750 or higher, indicating the date, time, and location for opening of Financial Proposals.
(Bidder’s attendance at the opening of Financial Proposals is optional).

7. PUBLIC OPENING AND EVALUATION OF FINANCIAL PROPOSALS

Public Opening of Financial Proposals

7.1 At the public opening of Financial Proposals, Bidder representatives who choose to attend
will sign an Attendance Sheet.

i. The marks of each Technical Proposal that met the minimum mark of 750 will be read out
aloud.
ii. Each Financial Proposal will be checked to confirm that it has remained sealed and unopened.
iii. The Evaluation Committee will open Financial Proposal of each of only qualified Technical
Proposal and will read out aloud the name of the Bidder’s Financial Proposal.

7.2 Evaluation of Financial Proposals

I. Under QCBS, the technical proposals will be allotted weightage of 70% while the

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 financial proposals will be allotted weightages of 30%.
II. Proposal with the lowest cost may be given a financial score of 100 and other proposals
given financial scores that are inversely proportional to their prices.
III. The total score, both technical and financial, shall be obtained by weighing the quality
and cost scores and adding them up. The proposed weightages for quality and cost shall
be specified in the RFP.
IV. Highest points basis: On the basis of the combined weighted score for quality and cost,
the consultant shall be ranked in terms of the total score obtained. The proposal
obtaining the highest total combined score in evaluation of quality and cost will be
ranked as H-1 followed by the proposals securing lesser marks as H-2, H-3 etc. The
proposal securing the highest combined marks and ranked H-1 will be invited for
negotiations, if required and shall be recommended for award of contract.
7.3 Bidder’s attendance at the opening of Financial Proposals is optional.
7.4 The Evaluation Committee will review the detailed content of each Financial Proposal.
During the review of Financial Proposals, the Evaluation Committee or any personnel of
SUDA will not be permitted to seek clarification or additional information from any Bidder,
who has submitted a Financial Proposal.
7.5 The details content of each Financial Proposal will be subsequently reviewed by the
Evaluation Committee.
7.6 The evaluated total price (ETP) for each Financial Proposal will be determined by following:
f =1,000 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
The lowest evaluated Financial Proposal will receive the maximum score of 1,000 marks.

Ranking of Proposals (QCBS)

7.7 Following completion of evaluation of Technical Proposal and Financial Proposal, final
ranking of the Proposals will be determined. This will be done by applying a weightage of
0.70 (or Seventy percent) and 0.30 (or Thirty percent) respectively to the Technical Score and
Financial Score of each evaluated qualifying Technical Proposal and Financial Proposal and
then computing the relevant combined total score for each Bidder.

7.8 The Technical Score and Financial Score shall be added and the Contract will be awarded to
the Bidder which scores maximum points.

8. Contract Negotiations and Award of Contract

8.1 Negotiations, if required, will be done in accordance to Uttar Pradesh Procurement Manual
(Procurement of Goods) vide letter no. 5/2016/253/18-2-2016-3(SP)/2010 dated 01 April,
2016.

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Section 2: Data Sheet to Instruction to
Bidder

Page 13 of 47
 Section 2: Data Sheet to Instruction to Bidder
Paragraph
Reference

1.1 Name of the Client: State Urban Development Agency (SUDA)

Client’s Representative
Director, State Urban Development Agency,
Method of selection: Quality Cum Cost Based Selection (QCBS) Method (70:30)

1.8 Proposals must remain valid for 180 days from the submission date.

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Paragraph
Reference

1.10 (i) EMD: Rs. 20,00,000 (Rupees Twenty Lakh only) which is as per the para-9.2 of chapter-9
of procurement manual

EMD Validity: 45 days beyond bid validity date

Mode: As prescribed in ITC. If submitted in the form of Bank Guarantee, the format
prescribed at Appendix-III and it should be in accordance to UP GO No. A-2-3280/Ten-
82-15-1(19)–69 dated 22/04/1983
Performance security will be 5% of the work order value of the Consultancy Firms / Agencies
/ Companies
againstmay
1.10 (V) ii EMD the be
equivalent
forfeitedamount of Bank Guarantee
if the successful bidders fail to sign the Contract within 30 days of
Intimation for signing of contract.

2.1 Pre bid meeting will be held on 04/09/2017 from 12.00 am at the following address and
bidders may seek clarifications:
Director, State Urban Development Agency (SUDA)
10 Ashok Marg, Navchetna Kendra, Hazrat Ganj, Lucknow
Tel: 0522-2286709 & Fax: 0522-2286711, [email protected]
5.4 Last date of receiving bids: 13/09/2017, Time:15:00 hrs
6.7 Technical Proposals shall be evaluated on the basis of following pre-identified criteria:
(a) Technical criteria that would be considered for selection of preferred bidder would be as
follows:
S. No Criteria Score Allocated
1 Firms General Experience in similar assignments 400
2 Proposed Approach and Methodology 200
3 Qualification and Experience of Team Leader & 400
Other Key Professional
Total Score 1000
Details attached as Appendix I
The minimum qualifying marks is 750.The financial bid of bidder getting less than 750
marks will be returned unopened.
8.2 Add, Negotiation of the rates will be done as per the Procurement Manual of Department
of Micro, Small and Medium Enterprises, Uttar Pradesh

Appendix-I to Data Sheet

DETAILED Criteria Maximum
MARKING Marks
1 FOR Firms Experience
SCHEME 400
A
TECHNICAL Firms General Experience in similar assignments 200
EVALUATIONS.
No

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 DETAILED Criteria Maximum
MARKING Marks
(i) FOR The Consultancy Firm having experience of executing at least 2 similar
SCHEME
TECHNICAL assignments such as preparation of DPRs for Mass Housing Projects
EVALUATIONS. and 1 assignments such as providing of PMC / PMU services for
No projects under BSUP/IHSDP/RAY/HFA/NULM/ any other Govt. Mass
Housing Projects.
For Preparation of DPR - Marks will be given @ 30 Marks /
assignments up to a max of 04 assignments.
For Preparation of PMC - Marks will be given @ 40 Marks /
assignments up to a max of 02 assignments.
(ii) Consultants have experience in preparation of HFAPoA / SFCPoA / 200
Housing DPRs under Govt. Sponsored schemes in applied cluster.

Only projects with relatively sufficient Experience of work in the

cluster under HFAPoA / SFCPoA / Housing DPRs under Govt.
Sponsored schemes will be considered for evaluation

2 Adequacy and quality of the proposed methodology and work 200

plan in responding to the Terms of Reference (ToRs)
A Understanding of project scope and objectives, Technical approach 150
and methodology
B Work Plan and Planning for Deliverables 50
3 Qualification and Experience of Team Leader & Other Key 400
Professionals
A Team Leader cum Town Planning Expert 100
B Architect 60
C Civil Engineer 60
D MIS Expert 60
E One Surveyor 60
F One Draftsman per 100 BLC Houses 60
The number of points to be assigned to each of the above positions shall be determined considering the
following two sub-criteria and relevant percentage weights:

1) Academic qualification and years of overall experience: 20%

Maximum 100% marks of 20% shall be given for Post Graduation, 75% marks of 20% shall be for
Graduation and for Diploma 50% marks of 20% shall be given.
2) Adequacy for the Assignment (experience in the sector / similar assignments): 80%
Maximum marks will be given for 10 assignments

Qualifications & Experience of Proposed Experts:

S. No Designation of Key Experts Qualification

1 Team Leader cum Town Planning Masters in Urban / Regional Planning / Housing with an
Expert overall experience of 10 years and at Managerial Position

Page 16 of 47
S. No Designation of Key Experts Qualification
(Project Manager / Team Leader / Project coordinator) for
at-least 5 years.
2 Architect B. Arch with 5 years experience
3 Civil Engineer B. Tech (Civil) with 5 years experience
4 MIS Expert B.E / B. Tech in I.T or MCA with 5 years experience
5 Surveyor Degree/Diploma/ITI/Certificate Course in Surveyor
6 Draftsman Diploma/ITI/Certificate Course in Draftsman
Team leader may be one for all clusters and one team of experts shall be provided for maximum two
clusters

EMD Form (Bank Guarantee)

In consideration of the Governor of Uttar Pradesh (hereinafter called “The Government”) having agreed
to exempt _______________________________ (hereinafter called “The said Consultant”) from the
Page 17 of 47
demand, under the terms and conditions of an Agreement dated ______________________ made
between __________ and ________________ for ____________________________ (hereinafter called
the “The said Agreement”) of security deposit for the due fulfilments by the said Consultant(s) of the
terms and conditions contained in the said Agreement, on production of a Bank Guarantee for
Rs.______________(Rupees____________________________ only), we, ______________________
(hereinafter referred to as “The Bank”) at the request of (indicate the name of the bank) (Consultant(s) do
hereby undertake to pay to the Government an amount not exceeding Rs.______________________
against any loss or damage caused to or suffered or would be caused to or suffered by the Government by
reason of any breach by the said Consultant (s) of any of the terms and conditions contained in the said
Agreement

We _____________________________________do hereby undertake to pay the (indicate the name of

the Bank) amounts demur payable under this Guarantee without any demur merely on a demand from the
Government stating that the amount claimed is due by way of loss or damages caused to or would be
caused to or suffered by the Government by reason of any breach by the said Consultant(s) of any of the
terms or conditions contained in the said Agreement or by reason of the Consultant(s) failure to perform
the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due
and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be
restricted to an amount not exceeding Rs.__________________________________________

3. We undertake to pay to the Government any money so demanded not withstanding any dispute or
disputes raised by the Consultant(s) in any suit or proceeding pending before any Court or Tribunal
relating thereto our liability under this present being absolute and unequivocal. The payment so made by
us under this Bond shall be valid discharge of our liability for payment there under the Consultant(s) shall
have no claim against us for making such payment.

We ____________________________________ further agree that the guarantee (indicate the name of

Bank) herein contained shall remain in full force and effect during the period that would be taken for the
performance of the said Agreement and that it shall continue to be enforceable till all the dues of the
Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or
discharged or till ____________________ ____________________ (Office/Department), Ministry of
________________________ certified that the terms and conditions of the said Agreement have been
fully and properly carried out by the said Consultant(s) and accordingly discharges the Guarantee. Unless
a demand or claim under this Guarantee is made on us in writing on or before the
_______________________________________________________, we shall be discharged from all
liability under this Guarantee thereafter.

5. We __________________________________ further agree with the Government (indicate the name of

Bank) the Government that the Government shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said
Agreement or to extent time of performance by the said Consultant(s) from time-to-time any of the
powers exercisable by the Government against the said Consultant(s) and to forbear or enforce any of
terms and conditions relating to the said Agreement and we shall not be relieved from our liability by
reason of any such variation or extension being granted to the said Consultant(s) or for any forbearance,
act or omission on the part of the Government or any indulgence by the Government to the said
Consultant(s) or by any such matter or thing whatsoever which under the law relating to sureties would
but for this provision have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Consultant(s).
Page 18 of 47
7. We _____________________________________, lastly undertake not to revoke (indicate the name of
Bank) this Guarantee during its currency except with the previous consent of the Government in writing.
Dated the _________________________ day of 2017 For _____________________________________
(indicate the name of Bank)

Section 3: Technical Forms

Page 19 of 47
 Section 3: Technical Forms

[Location, Date] To:

Dear Sir/Madam:
We, the undersigned, offer to provide the consulting services for [Insert title of assignment] in
accordance with your Request for Proposal dated [Insert Date] and our Proposal. We are hereby

Page 20 of 47
submitting our Proposal, which includes this Technical Proposal, and a Financial Proposal sealed under a
separate envelope.

We are submitting our Proposal in individual capacity without entering in association with/as a
Joint Venture. We hereby declare that all the information and statements made in this Proposal are true
and accept that any misinterpretation contained in it may lead to our disqualification ion.

If negotiations are held during the period of validity of the Proposal, i.e., before the date
indicated in the Data Sheet, we undertake to negotiate on the basis of the proposed personnel. Our
Proposal is binding upon us and subject to the modifications resulting from Contract negotiations.

We undertake, if our Proposal is accepted, to initiate the consulting services related to the
assignment not later than the date of publication of this tender.

We understand you are not bound to accept any Proposal you receive.
We remain
Yours sincerely,
Authorized Signature (In full and initials) : ________________________________
Name and Title of Signatory: __________________________________________
Name & Seal of Firm: _________________________________________________
Address : ___________________________________________________________

FORM TECH-2A: Bidder's Organization

[Provide here a brief (two pages) description of the background and organization of the Bidder with
following summary sheet.]

Details Page No.

Name of the Agency:
Address of Registered Office: Attach Reg.
Page 21 of 47
Paper.
Year of Establishment:
Contact Person with Contact Details:
Any consecutive three years from
FY 2012-13:
FY 2013-14:
FY 2014-15:
FY 2015-16:
FY 2016-17: Average
Annual Turnover for any three Financial Years:
(Total/3)
*Audited Statements to be enclosed
Net worth of Agency (Positive/ Negative):
Current Contract Commitments: (In Lakh)
Experience in Similar Assignment:
- Number of years:
- Total assignments:
- Assignments completed in last 3 years:
Any Award or Felicitation received by your
Agency complete details for the same
Any Other Relevant Details:

Authorized Signature [In full and initials]: ______________________________

Name and title of Signatory
Name & Seal of Firm

Form TECH-2B: Bidder's Experience [For full technical proposals only]

[The following information should be provided in the format below for each reference assignment for
which your firm, either in dividedly as a corporate entity or as one of the major companies within a
consortium, was legally contracted by the Employer stated below. for each assignment]

Assignment name: Approx. value of the contract (in current `):

Page 22 of 47
Country: Duration of assignment (months):
Location within country: Duration of Completion of Assignment.
Name of Client: Total Number of person-months of the
assignment:
Address: Approx. value of the services provided by your
firm under the contract (in `)
Start date (month/year): Number of professional person-months provided
Completion date (month/year): by the joint venture partners or the Sub-Bidders:
Name of senior regular full time employees of
the firm involved and functions performed
(indicate most significant profiles such as Project
Director/Coordinator, Team Leader):
Narrative description of Project:
Description of actual services* provided in the assignment:

*(Certificate from Employer regarding experience should be furnished)

Authorized Signature [In full and initials]:

Name and title of Signatory
Name & Seal of Firm

Section 4: Financial Proposal

Page 23 of 47
 Section 4: Financial Proposal
Annexure - 1

Standard Forms
Financial Proposal Standard Forms shall be used for the preparation of the Financial Proposal
according to the instructions provided under para. 4 of Section 1

Form FIN-1: FINANCIAL PROPOSAL SUBMISSION FORM

Page 24 of 47
To,
Director,
Urban Development Department,
Govt. of Uttar Pradesh,
Uttar Pradesh

Dear Sir / Madam:

We, the undersigned, offer to provide the consulting services for Cluster _____ for “Preparation of
Detailed Project Report (DPR) and providing PMC services for Projects under Beneficiary
Led Construction in 30 ULBs in Uttar Pradesh, in accordance with your Request for Proposal
dated (Insert Date).

The consultancy fee for

(A) DPR preparation is Rs. ______ per Dwelling Unit

(B) PMC services is Rs. ______ per Dwelling Unit

Rate in Words:

Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract
negotiations, up to expiration of the validity period of the Proposal.

No fees, gratuities, rebates, gifts, commissions or other payments have been given or received in
connection with this Proposal.

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

Yours sincerely,
Authorized Signature:
Name and Title of Signatory:
Name of Firm:
Address:

Section 5: ToR / Scope of Work

Page 25 of 47
 Section 5: ToR / Scope of Work
Preparation of Detailed Project Report under Vertical IV of PMAY (U)
 100% Physical verification includes Door to Door Survey, Collection of land documents and consent
letter from the beneficiaries
 Data collection, Data Verification and Data Compilation
 Inclusion of present status and proposed works of infrastructure details
 MIS Entry
 Key Stakeholder consultations

Page 26 of 47
 Preparation of Beneficiaries wise detailed Architectural / Engineering designs, Drawings &
Estimates for all sizes of plots
 Project structuring under appropriate development and funding mechanism
 Assistance in obtaining approvals from concerned agencies / departments
 The Consultant shall incorporate all necessary data in reference to Slum Free City Plan in the DPR.
 The DPR should be complete in all respects with all reports drawings, statements and document
necessary for obtaining the grant from the Government of India.
 The DPR shall be computer typed and printed and drawing should be in Auto Cad.
Payment Schedule

S.No Deliverables / Services based on Timeline (from the date Payment

scope of work of award of work)
1 Submission of Preliminary 60 days 25 % of the Total cost of
Detailed Project Report & consulting fee of DPR for
Approval of SLSMC & CSMC respective ULB
3 Submission of detailed 90 days 50 % of the Total cost of
Architectural / Engineering consulting fee of DPR for
designs, Drawings & Estimates for respective ULB
sanctioned houses beneficiary
wise.
4 Balance of consulting fee to be 150 days 25 % of the Total cost of
paid at the time of actual consulting fee of DPR for
construction of house up to plinth respective ULB
level.

Note:- Payment for DPR charges will be done on the basis of actual number of houses grounded
and completed up to plinth level.
Illustration:- No. of houses sanctioned in DPR - 100
Actual grounded houses & completion up to plinth level - 70
DPR charges will be paid for 70 No. of houses only. In case excess payment has been done against
items serial no. 1&2, it will be adjusted in PMC charges and.
Duration for the DPR is 150 days; however the duration may be extended subject to maximum
period of 180 days after mutual consent of parties.

Project Management Consultancy / Services

The activities under the scope of work for PMC shall broadly include but not limited to the following:
 PMC will coordinate, execute and monitor the activities leading to the construction of approved DUs
by Govt. of India. All the activities till the completion of DUs will be taken care of by PMC.
 PMC shall also administer the works by the beneficiaries and ensure that the agreement between the
ULBs and Beneficiaries whether related to quality or quantities of works are executed in accordance
with its provisions.
 PMC shall attach Beneficiaries to the project in PMAYMIS and also upload Annexure 7C/ 7D/7E.
 PMC shall execute all MIS related work of PMAY (U).
Page 27 of 47
 PMC will supervise the construction work to ensure adherence to the drawings, prescribed high
standards of quality and timely completion of the project and verify and certify the progress of the
work.
 Preparation of Physical and Financial progress and shall submit to respective ULBs and DUDA
 Preparation of individual files consist of application, copy of Aadhar card, bank details, land
documents, consent letters etc, stage wise photographs for every beneficiaries.
 PMC will assist Beneficiaries at various stages such as Plinth Level, Lintel Level, roof level and final
finishing works and assist to get timely instalments.
 PMC will make sure that the project / DUs construction must complete as per the agreement made
with the beneficiaries for the successful and timely implementation of the Project.
 PMC will implement the Geo tagging of constructions of all the stages.
 Time extension will not be considered except in very exceptional cases without prejudice to levy of
penalties. However any approval for extension of time of completion of the works stipulated in the
construction, beneficiaries will be without any additional financial implication.
 PMC shall be fully responsible for quality control and shall put in place such measures as are
essential for ensuring regular on site quality checks.
 PMC shall submit the tentative organization chart for managing the project so that appropriate
decisions are taken quickly.
 However, the actual number of technical and financial personnel to be deployed and the deployment
schedule shall be prepared by the PMC and mutually agreed upon after award of work.
 Generate and submit to the ULBs time-to-time progress reports in the agreed formats and at the
agreed frequency.
 PMC shall also apprise the beneficiaries of the progress and/or activities of the project on
fortnightly/monthly basis.
 Cash Flow Chart – Actual and Scheduled & Bar Chart-Actual and Scheduled
 Status of Payment to beneficiaries
 Photographs of various stages (Before Excavation, Foundation, Plinth level, Lintel Level &
Completion) of DUs of each beneficiary
 Geo tagging of constructions of all the stages
 Visitors’ Site Inspection
 Settlement of all accounts of the beneficiaries with the ULBs
 Provide project completions report/closure report which shall contain all technical and financial
Information of the project.

Payment Schedule

S.No Deliverables / Services based on Payment

scope of work
1 PMC on stage of completion of 15% of the Total cost of PMC consulting fee
plinth level and Geo tagging of of respective ULB
construction stage
2 PMC on stage of completion of 30% of the Total cost of PMC consulting fee
plinth to Roof level of respective ULB
and Geo tagging of construction

Page 28 of 47
 S.No Deliverables / Services based on Payment
scope of work
stage
3 PMC on stage of completion of 30% of the Total cost of PMC consulting fee
final finishing work and Geo of respective ULB
tagging of construction stage
4 Reporting to ULB/DUDA and 25% of the Total cost of PMC consulting fee
NOC from ULBs/DUDA of respective ULB
Duration of PMC services will be 36 months and it may be extendable as per the work requirement after
mutual consent of both parties

Annexure 2 - Details of Clusters:

Population as Number
S.No Name of the ULB (Taken from MHUPA Website) per MHUPA of ULBs
Website in District
Name of the Cluster - 04 (Azamgarh, Ballia & Mau)
Name of the District: Azamgarh 13
1 Atrauliya 9374
2 Azamgarh 110983
3 Azmatgarh 12160
4 Bilariaganj 13096
5 Jiyanpur 11816
6 Katghar Lalganj 13467
7 Mahrajganj 6735
8 Mehnagar 14841
9 Mubarakpur 70463
10 Nizamabad 13848
11 Phulpur(NP) 9329
12 Sarai Mir 19055
13 Mahul
Name of the District: Ballia 9
1 Ballia 104424
2 Bansdih 21201
3 Belthara Road 20404
4 Chitbara Gaon 21879
5 Maniyar 19890
6 Rasra 31765
7 Reoti 26359
8 Sahatwar 20615
9 Sikanderpur 23986
Name of the District: Mau 8
1 Adari 13717
2 Amila 5234
3 Dohrighat 11799
4 Ghosi 39165
5 Kopaganj 34782
6 Maunath Bhanjan 278745
7 Muhammadabad 41780

Page 29 of 47
 Population as Number
S.No Name of the ULB (Taken from MHUPA Website) per MHUPA of ULBs
Website in District
8 Waleedpur 25575

Section – 6: General Conditions of

Contract

Page 30 of 47
 CONTENTS
Part – I: Section I: FORM OF CONTRACT ........................................................................................... 339
Part – II General Condition of contract ............................................................................................... 51
1. DEFINITATION of INTERPRETATION ........................................................................................ 51
1.1 Definition ................................................................................................................................ 51
1.2 Relation between Parties ........................................................................................................ 36
1.3 Language ................................................................................................................................. 36
1.4 Heading ................................................................................................................................... 36

Page 31 of 47
1.5 Notices .................................................................................................................................... 36
1.6 Location ................................................................................................................................... 37
1.7 Authorized Representative ..................................................................................................... 37
1.8 Taxes and Duties ..................................................................................................................... 37
2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT ....... 37
2.1 Effective of Contract ............................................................................................................... 37
2.2 Termination of Contract for Failure to become Effective ....................................................... 37
2.3 Commencement of Service ..................................................................................................... 37
2.4 Expiration of Contract ............................................................................................................. 37
2.5 Entire Agreement .................................................................................................................... 37
2.6 Modification ............................................................................................................................ 37
2.7 Force Majeure ......................................................................................................................... 37
3. OBLIGATION OF THE CONSULTANT ........................................................................................ 40
3.1 General .................................................................................................................................... 40
3.2 Conflict of Interests ................................................................................................................. 40
3.3 Confidentiality ......................................................................................................................... 41
3.4 Liability of the Consultant ....................................................................................................... 41
3.5 Insurance to be taken out by the Consultant ......................................................................... 41
3.6 Accounting , Inspection and Auditing ..................................................................................... 41
3.7 Reporting Obligations ............................................................................................................. 41
3.8 Documents prepared by the Consultant to be the property of the Client ............................. 41
3.9 Equipment and Materials furnished by the Client .................................................................. 41
4. OBLIGATION OF THE CLIENT ................................................................................................... 42
4.1 Access to Land ......................................................................................................................... 42
4.2 Change in the Applicable Law ................................................................................................. 42
4.3 Services, Facilities and Property of the Client ......................................................................... 42
4.4 Payment .................................................................................................................................. 42
5. PAYMENT OF BIDDER .............................................................................................................. 42
6. RESPONSIBILITY FOR ACCURACY OF PROJECT DOCUMENTS ................................................ 438
6.1 General .................................................................................................................................. 438
6.2 Penalty .................................................................................................................................. 438
6.3 Action for Deficiency in Services ........................................................................................... 438
6.4 Consultant Liability towards the Client ................................................................................... 43
6.5 Warning / Debarring ............................................................................................................... 43
7. SETTLEMENTS OF DISPUTIES ................................................................................................... 43
7.1 Amicable Settlement............................................................................................................. 438
7.2 Dispute Settlement ............................................................................................................... 439
7.3 Good Faith ............................................................................................................................. 449

Page 32 of 47
 7.4 Operation of the Contract .................................................................................................... 449
7.5 Invoke of Performance Security..............................................................................................59

Part – I: Section I: FORM OF CONTRACT

CONTRACT FOR: [Please insert name of project]
CONTRACT NUMBER: [Please insert project number]

THIS CONTRACT is made BETWEEN: [Director, State Urban Development Agency, GoUP
(hereinafter referred to as “the client”
[Please insert name of Bidder] (hereinafter referred to as “the Consultant”)
[Please insert nodal officer and communication address of the Consultant]

Page 33 of 47
AND:
WHEREAS:
A.the Client has requested the Bidders vide RFP No..................... dated ................. to provide certain
consulting services as defined in the General Conditions attached to this Contract hereinafter called the
“Service”) and
B. the Consultant, having represented to the Client 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 this Contract.

NOW THEREFORE the parties hereto hereby agree as follows:

1. Documents
This Contract shall be comprised of the following documents:
(i): This Form of Contract
(ii): General Conditions (Annexure -3)
(iii): ToR / Scope of work (Annexure -4)
(iv): Financial Proposal Format (Annexure -5)
(v): Minutes of Contract Negotiation Meeting
(vi): RFP
Appendix A: Minutes of Financial/ Contract Negotiations with the Bidder, If any.
Appendix B: Copy of letter of invitation
Appendix C: Copy of Letter of Intent
Appendix D: Copy of letter of acceptance
Appendix E: Copy of Bank Guarantee for Performance Security
Appendix F: Minutes of the pre-bid meeting.
This Contract constitutes the entire agreement between the Parties in respect of the Bidders obligations
and supersedes all previous communications between the Parties, other than as expressly provided for in
General Conditions (Annexure -3)

The mutual rights and obligations of the Client and the Consultant shall be as set forth in the
Contract; in particular.
(a) The Consultant shall carry out the Services in accordance with the provisions of the Contract;
and

(b) Client shall make payments to the Consultant in accordance with the provisions of the
Contract.
2. Commencement and Duration of the Services
The Consultant shall start the Services on [please insert date] ("the Start Date") and shall complete
them by [please insert date] ("the End Date") unless this Contract is terminated earlier in
accordance with its terms and conditions mentioned in General Condition (Annexure -3).

3. Financial Limit
Payments under this Contract shall not, in any circumstances, exceed [please insert total amount in
numbers and words] exclusive of any government tax, if applicable ("the Financial Limit").
Page 34 of 47
 4. Time of the Essence
Time shall be of the essence as regards the performance by the Consultant of its obligations under
this Contract.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed in their
respective names as of the day and year first above written

For and on behalf of Client For and on behalf of Consultant

Signature Signature:
Name: Date: Name:
Date:
Witness on behalf of Client Witness on behalf of Consultant

1. ͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙ 1.
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙ ͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͘
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙ ͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙
͙͙͙͙͙͙͙͙͙͙͙

2. ͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙ 2.
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͘
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙
͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙͙
͙͙͙͙͙͙͙͙͙͙͙

Annexure - 3

Part – II General Condition of contract

1. DEFINITATION of INTERPRETATION

1.1 Definition

Unless the context otherwise requires, the following terms whenever used in this Agreement have
Page 35 of 47
 the following meanings:

a) “Applicable Law” Means the laws and any other instruments having the force of law.

b) “Contract” Means this agreement as signed by the parties;

c) ”Effective Date” means the date on which this Contract comes into force;

d) “Government” Means the Government of Uttar Pradesh

e) “Currency” means the Indian National Rupee.

f) “Personnel” means person hired by the Consultant as approved by Client as employees and
assigned to the performance of the Service or any part thereof.

g) “Foreign Personnel” means such person who to at the time of being so hired had their
domicile outside India” and “local Personnel” means such person who at the time of being
so hired had their domicile inside India; and “local personnel” means such person who at
the time of being so hired had their domicile inside India:

h) “Party” Means the Consultant or the Client, as the case may be, and Parties mean both of
them.

i) “Services” means the work to be performed by the Consultant pursuant to this Agreement
for the purpose of the project:

j) “Third Party” means any person or entity other than the Government, the Client or the
Consultant.

1.2 Relation between Parties

Nothing contained herein shall be construed as establishing a relation of master and servant or of
agent and principal as between the Client and the Consultant. The Consultant, subject to this
Agreement, have complete charge of Personnel performing the Services and shall be fully
responsible for the Services performed by them or on their behalf hereunder.

1.3 Language
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.

1.4 Heading
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, telex, telegram or facsimile to
such Party at the address provided by other party.

1.5.2 Notice will be deemed to be effective after one month of receipt.

Page 36 of 47
 A Party may change its address for notice hereunder by giving the other Party notice of such
change.

1.6 Location
The Services shall be performed at such locations as are specified in Scope of work

1.7 Authorized Representative

Any action required or permitted to be taken, and any document required or permitted to be
executed, under this Agreement by the Client or the Consultant may be taken or executed by the
authorized representative.

1.8 Taxes and Duties

The Consultant shall pay all such taxes, duties, fees and other impositions as may be levied under
the Applicable Law.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF

CONTRACT

2.1 Effective of Contract

This contract shall come into force and effect on the date of the Client’s notice to the Consultant
instructing the Consultant to begin carrying out the Services.

2.2 Termination of Contract for Failure to become Effective

If this Contract has not become effective within such time period after the date of this Agreement
signed by the Parties, either Party may, by not less than two (2) months written notice to the other
Party, declare this Contract 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 Service

The Consultant shall begin carrying out the Services at the end of such time period after the
Effective Date.

2.4 Expiration of Contract

Unless terminated earlier pursuant to Clause 2.8 of this Agreement, this Contract shall expire
when Services have been completed and all payments have been made at the end of such time
period after the Effective Date.

2.5 Entire Agreement

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 be bound by or be
liable for, any statement, representation on promise or agreement set forth herein

2.6 Modification
Modification of the terms and conditions of this Agreement, may only be made by written
agreement between the Parties, however, each Party shall give due consideration to any proposals
for modification made by the other Party.

2.7 Force Majeure

2.7.1 Definition
(a) For the purpose of this Agreement, “ Force Majeure” means as event which is beyond the
reasonable control of a Party, and which makes a party performances of its obligation here
under impossible or so impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,

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 explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial
action (except where such strikes, lockouts or other industrial action are within the power of the
Party invoking Force Majeure to prevent), confiscation or any other action by government
agencies.

(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional
action of a Party or agents or employees, nor(II) any event which a diligent party could
reasonably have been expected to both (A) take into account at the time of the conclusion of
this Agreement and (B) avoid or overcome in the carrying out of its obligations hereunder.

2.7.2 The failure of a Party to fulfil any of its obligations hereunder shall not be considered to be a
breach of, or default under, this Agreement in so far 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 care and reasonable alternative measures, all with the objective of carrying out the terms and
conditions of this Agreement.

2.7.3 Measures to be Taken

(a) 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
(b) A party affected by an event of Force Maguire 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.
(c) The Parties shall take all reasonable measures to minimize the event of Force Majeure
consequences of any

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 related to force majeure

Both the Parties will have to bear their own cost during the Force Majeure

2.7.6 Consultation
Not later than thirty (30) days after the Consultant, 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.

2.8 Suspension
The Client may, by written notice of suspension to the Consultant, suspend all payments to the
Consultant hereunder if the Consultant fail to perform any of their obligations under this
Contract, 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 Consultant to remedy such failure
within a period not exceeding thirty (30) days after receipt by the Consultant of such notice of
suspension

2.8.1 Termination of Contract by the Client

The Client may, by not less than thirty (30) days written notice to the Consultant (except in the
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 events listed in paragraph (f) below, for which there shall be a written notice of not less than sixty
(60) days), such notice to be given after the occurrence of any of the events specified in
paragraphs (a) through (f) of this Clause 2.8.1, terminate this Contract:
a) if the Bidders fail to remedy a failure in the performance of their obligations hereunder,
as specified in a notice of suspension pursuant to Clause 2.8 hereinabove, within thirty (30)
days of receipt of such notice of suspension or within such further period as the Client may
have subsequently approved in writing;
b) if the Consultant 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 Consultant fail to comply with any final decision reached as a result of arbitration
proceedings;
d) If the Consultant submit to the Client a statement which has a material effect on the rights,
obligations or interests of the Client and which the Consultant know to be false;
e) If, as the result of Force Majeure, the Consultant are unable to perform a material portion of
the Services for a period of not less than sixty (60) days; or
f) If the Client, in its sole discretion and for any reason whatsoever, decides to terminate
this Agreement.

2.8.2 By the Consultant

The Consultant may, by not less than thirty (30) days written notice to Client, should notice to
be given after the occurrence of any of the events specified in paragraphs (a) through (d) of this
Clause 2.8.2, terminate this Contract:

a) if the Client fails to pay any money due to the Consultant pursuant to this Agreement and not
subject to dispute within forty-five (45) days after receiving written notice from the
Consultant that such payment is overdue;
b) if the Client is in material breach of its obligations pursuant to this Agreement and has not
remedied the same within forty-five (45) days (or such longer period as the Consultant may
have subsequently approved in writing ) following the receipt by the Client of the Consultant
notice specifying such breach;
c) If, as the result of Force Majeure, the Consultant are unable to perform a material portion of
the Services for a period of not less than sixty (60) days; or
d) If the Client fails to comply with any final decision reached as a result of arbitration

2.8.3 Cessation of Right and Obligation

Upon termination of this Contract pursuant to Clauses 2.2 or 2.8 hereof, or upon expiration of this
Contract pursuant to Clause 2.4 hereof, all rights and obligations of the Parties hereunder shall
cease, except (i) such rights and obligations as may have accrued on the date of termination or
expiration, (ii) the obligation of confidentiality set forth in Clause 3.3 Hereof, (iii) the Bidder’s
obligation to permit inspection, copying and auditing of their account and record set forth in
Clause 3.6 (ii) hereof, and (iv) any right which a Party may have under the Applicable Law.

2.8.4 Cessation of Services

Upon termination of this Contract by notice of either Party to the other pursuant to Clauses 2.8.1
or 2.8.2 hereof, the Consultant 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 Consultant and equipment and materials furnished by the Client, the
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 Consultant shall proceed as provided, respectively, by Clauses 3.9 or 3.10 hereof.

2.8.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.8.1 or 2.8.2 hereof, the Client shall make
the following payments to the Consultant (after offsetting against these payments any amount that
may be due from the Consultant to the Client):
(I) remuneration for Services satisfactorily performed prior to the effective date of termination;
and
(II) Reimbursable expenditures for expenditures actually incurred prior to the effective date of
termination.

2.8.6 Dispute about Events of Termination

If either Party disputes whether an event specified in paragraphs (a) through (e) of Clause 2.8.1 or
in Clause 2.8.2 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, and this Contract shall
not be terminated on account of such event except in accordance with the terms of any resulting
arbitral award.

3. OBLIGATION 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 Consultant
shall always act, in respect of any matter relating to this Agreement or to the Services, as faithful
advisers to the Client, and shall at all times support and safeguard the Client's legitimate interests
in any dealings with Third Parties.

3.1.2 Law Governing Service

The Consultant shall perform the Services in accordance with the Applicable Law and shall take
all practicable steps to ensure that concerned Personnel or agents of the Consultant comply with
the Applicable Law. If the Client shall advise the Consultant in writing of relevant local customs
and the Consultant shall, after such notifications, respect such customs.

3.2 Conflict of Interests

3.2.1 Consultant not to be Benefit from Commissions, Discounts, etc

The remuneration of the Consultant shall constitute the Consultants sole remuneration in
connection with this Contract or the Services and 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 Personnel or agents it similarly shall
not receive any such additional remuneration.

3.2.2 Consultant and Affiliates not to be otherwise interested in project

The Consultant agree that, during the term of this Agreement and after its termination, the
Consultant and any entity affiliated with the Consultant shall be disqualified from providing
goods, works or Services (other than the Services and any continuation thereof) for any project

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 resulting from or closely related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Consultant nor its Personnel shall engage, either directly or indirectly, in any of the
following activities:

a. during the term of this Agreement, any business or professional activities which would
conflict with the activities assigned to them under this Contract; or
b. after the termination of this Agreement, such other activities as may be specified by Client.

3.3 Confidentiality
The Consultant and its Personnel shall not, either during the term or within two (2) years after the
expiration of this Contract, disclose any proprietary or confidential information relating to the
Project, the Services, this Contract or the Client's business or operations without the prior written
consent of the Client.

3.4 Liability of the Consultant

The Consultant's liability under this Agreement shall be as provided by the Applicable Law.

3.5 Insurance to be taken out by the Consultant

The Consultant (i) shall take out and maintain, at its own cost but on terms and conditions
approved by the Client, insurance against the risks, and for the coverage’s, as necessary and (ii) at
the Client's request, shall provide evidence to the Client showing that such insurance has been
taken out and maintained and that the current premiums there for have been paid.

3.6 Accounting , Inspection and Auditing

The Consultant (i) shall keep accurate and systematic accounts and records in respect of the
Services hereunder, in accordance with internationally accepted accounting principles and in such
form and detail as will clearly identify all relevant time charges and cost, and the bases thereof
(including the bases of the Consultants' costs and charges), and (ii) shall permit the Client 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 Client.

3.7 Reporting Obligations

The Consultant shall submit to the Client the reports and documents as and when required.

3.8 Documents prepared by the Consultant to be the property of the Client

All plans, drawings, specifications, designs, reports and other documents prepared by the
Consultant in performing the Services shall become and remain the property of the Client, and the
Consultant’s shall not later than upon termination or expiration of this Agreement, deliver all such
documents to the Client, together with a detailed inventory thereof. The Consultant may retain a
copy of such documents.

3.9 Equipment and Materials furnished by the Client

Equipment and materials made available to the Consultant by the Client, or purchased by the
Consultant with funds provided by the Client shall be the property of the Client and shall be
marked accordingly. Upon termination or expiration of this Agreement, the Consultant shall make
available to the Client an inventory of such equipment and materials and shall dispose of such
equipment and materials in accordance with the Client's instructions. While in possession of such
equipment and materials, the Consultant, unless otherwise instructed by the Client in writing, shall

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 insure them in an amount equal to their full replacement value

4. OBLIGATION OF THE CLIENT

The Client shall use its best efforts to ensure that the CLIENT shall
a. assist the Consultant in arranging work permits and such other documents as shall be
necessary to enable the Consultant to perform the Services.
b. assist for the Personnel of Consultant and if appropriate, their eligible dependents to be
provided promptly with all supporting papers for necessary entry and exit visas, residence
permits, exchange permits and any other documents required for their stay in India;
c. facilitate clearance through customs of any property required for the Services
d. issue to officials, agents and representatives of the agency all such instructions as may be
necessary or appropriate for the prompt and effective implementation of the Services;

4.1 Access to Land

The Client warrants that the Consultant’s shall have, free of charge, unimpeded access to all land in
respect of which access is required for the performance of the Services. The Client will be
responsible for any damage to such land or any property thereon resulting from such access and
will indemnify the Consultant in respect of liability for any such damage, unless such damage is
caused by the default or negligence of the Consultant.

4.2 Change in the Applicable Law

The Consultant shall bear all financial implication, if, after the date of this Agreement, there is any
change in the Applicable Law with respect to taxes and duties.

4.3 Services, Facilities and Property of the Client

The Client shall make available to the Consultant for the purposes of the Services and free of any
charge, the services and facilities as mentioned in clause 5.1 and 5.2.

4.4 Payment
In consideration of the Services performed by the Consultant under this Agreement, the Client shall
make to the Consultant such payments and in such manner as is provided by Clause 5 of this
section.

5. PAYMENT OF BIDDER
5.1 The payment shall be made as per payment schedule of ToR / Scope of work (Section - 5).
5.2 The payment shall be made through A/c payee cheque, payable at Lucknow, in Indian Rupees
5.3 mode of Billing and Payment Billing and Payment of the services shall be made as specified in the
ToR / Scope of work
a. No payment shall become eligible for the next stage till the Consultant completes to the
satisfaction of the Client the work pertaining to the preceding stage.
b. The Client shall cause the payment of the Consultant as given in schedule of payment within
thirty (30) days after the receipt by the Client of bills.
c. The final payment under this Clause shall be made only after the final report and a final
statement, identified as such, shall have been submitted by the Consultant and approved as
satisfactory by the Client. The Services shall be deemed completed and finally accepted by the
Client and the final report and final statement shall be deemed approved by the Client as
satisfactory ninety (90) calendar days after receipt of the final report and final statement by the
Client unless the Client, within such ninety (90) day period, gives written notice to the
Consultant specifying in detail deficiencies in the Services, the final report or final statement.

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 The Consultant shall there upon promptly make any necessary corrections, and upon
completion of such corrections, the foregoing process shall be repeated. Any amount which the
Client has paid or caused to be paid in accordance with this Clause in excess of the amounts
actually payable in accordance with the provisions of this Agreement shall be reimbursed by
the Consultant to the Client within thirty (30) days after receipt by the Consultant of notice
thereof. Any such claim by the Client for reimbursement must be made within twelve (12)
calendar months after receipt by the Client of a final report and a final statement approved by
the Client in accordance with the above.

6. RESPONSIBILITY FOR ACCURACY OF PROJECT DOCUMENTS

6.1 General
The Consultant shall be responsible for accuracy of the data collected, by him directly or procured
from other agencies/authorities, the designs, drawings, estimates and all other details prepared by
him as part of these Services. He shall indemnify the Client against any inaccuracy in the work
which might surface during implementation of the project. The Bidder will also be responsible for
correcting, at his own cost and risk, the drawings including any re - survey / investigations and
correcting layout etc., if required, during the execution of the Services

6.2 Penalty
In case of delay in completion of Services, a penalty equal to 0.05% of the contract price per day
subject to a maximum10% of the contract price will be imposed and shall be recovered from
payments due / performance security. However in case of delay due to reasons beyond the control
of the Consultant, suitable extension of time will be granted.

6.3 Action for Deficiency in Services

Consultant shall be liable to indemnify the Client for any direct loss or damage accrued or likely
to accrue due to deficiency in Services rendered by him.

6.4 Consultant Liability towards the Client

Consultant shall be liable to indemnify the Client for any direct loss or damage accrued or likely
to accrue due to deficiency in Services rendered by him.

6.5 Warning / Debarring

Warning may be issued to the erring Consultant for minor deficiencies. In the case of major
deficiencies in the work involving time and cost overrun and adverse effect on reputation of
Client, other penal action including debarring for certain period may also be initiated as per
policy of Client.

7. SETTLEMENTS OF DISPUTIES

7.1 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.

7.2 Dispute Settlement

Any dispute between the Parties as to matters arising pursuant to this Agreement, which cannot be
settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for
such amicable settlement, may be submitted by either Party for settlement by arbitration.
Arbitration shall be dealt as per the provisions of the Arbitration and Conciliation Act 1996.
Place for Arbitration will be at Lucknow. The court at Lucknow shall hence jurisdiction.

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7.3 Good Faith
The Parties undertake to act in god faith with respect to each other’s rights under this Agreement
and to adopt all reasonable measures to ensure the realization of the objective of this Contract.

7.4 Operation of the Contract

The Parties recognize that it is impractical in this Contract to provide for every contingency which
may arise during the life of the Contract, and the Parties hereby agree that it is their intention that
this Contract shall operate fairly as between them, and without detriment to the interest of either of
them, and that, if during the term of this Contract either Party believes that this Contract 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.

7.5 Invoke of Performance Security

In case Consultant fails to perform as per the stipulated terms and conditions of the Agreement,
SUDA will invoke the bank guarantee submitted by the consultant.

Performance Security Form (Bank Guarantee)

In consideration of the Governor of Uttar Pradesh (hereinafter called “The Government”) having agreed
to exempt _______________________________ (hereinafter called “The said Consultant”) from the
demand, under the terms and conditions of an Agreement dated ______________________ made
between __________ and ________________ for ____________________________ (hereinafter called
the “The said Agreement”) of security deposit for the due fulfilments by the said Consultant(s) of the

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terms and conditions contained in the said Agreement, on production of a Bank Guarantee for
Rs.______________(Rupees____________________________ only), we, ______________________
(hereinafter referred to as “The Bank”) at the request of (indicate the name of the bank) (Consultant(s) do
hereby undertake to pay to the Government an amount not exceeding Rs.______________________
against any loss or damage caused to or suffered or would be caused to or suffered by the Government by
reason of any breach by the said Consultant (s) of any of the terms and conditions contained in the said
Agreement

We _____________________________________do hereby undertake to pay the (indicate the name of

the Bank) amounts demur payable under this Guarantee without any demur merely on a demand from the
Government stating that the amount claimed is due by way of loss or damages caused to or would be
caused to or suffered by the Government by reason of any breach by the said Consultant(s) of any of the
terms or conditions contained in the said Agreement or by reason of the Consultant(s) failure to perform
the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due
and payable by the Bank under this Guarantee. However, our liability under this Guarantee shall be
restricted to an amount not exceeding Rs.__________________________________________

3. We undertake to pay to the Government any money so demanded not withstanding any dispute or
disputes raised by the Consultant(s) in any suit or proceeding pending before any Court or Tribunal
relating thereto our liability under this present being absolute and unequivocal. The payment so made by
us under this Bond shall be valid discharge of our liability for payment there under the Consultant(s) shall
have no claim against us for making such payment.

4. We ____________________________________ further agree that the guarantee (indicate the name of

Bank) herein contained shall remain in full force and effect during the period that would be taken for the
performance of the said Agreement and that it shall continue to be enforceable till all the dues of the
Government under or by virtue of the said Agreement have been fully paid and its claims satisfied or
discharged or till ____________________ ____________________ (Office/Department), Ministry of
________________________ certified that the terms and conditions of the said Agreement have been
fully and properly carried out by the said Consultant(s) and accordingly discharges the Guarantee. Unless
a demand or claim under this Guarantee is made on us in writing on or before the
_______________________________________________________, we shall be discharged from all
liability under this Guarantee thereafter.

5. We __________________________________ further agree with the Government (indicate the name of

Bank) the Government that the Government shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said
Agreement or to extent time of performance by the said Consultant(s) from time-to-time any of the
powers exercisable by the Government against the said Consultant(s) and to forbear or enforce any of
terms and conditions relating to the said Agreement and we shall not be relieved from our liability by
reason of any such variation or extension being granted to the said Consultant(s) or for any forbearance,
act or omission on the part of the Government or any indulgence by the Government to the said
Consultant(s) or by any such matter or thing whatsoever which under the law relating to sureties would
but for this provision have effect of so relieving us.

6. This Guarantee will not be discharged due to the change in the constitution of the Bank or the
Consultant(s).

7. We _____________________________________, lastly undertake not to revoke (indicate the name of

Bank) this Guarantee during its currency except with the previous consent of the Government in writing.

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Dated the _________________________ day of 2017 For _____________________________________
(indicate the name of Bank)

Note 1:- The stamp papers of appropriate value shall be purchased in the name of bank that issues the”:
Bank Guarantee”
͞
Note 2:- The Bank Guarantee will be accepted which is issued by State Bank of India or its subsidiaries
or any Indian Nationalised Bank or any Indian Nationalised Bank.

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