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Page 1 of 18 ADVERTISEMENT NABARD Consultancy Services Private Limited (NABCONS) A Wholly owned subsidiary of NABARD An ISO 9001:2008 Company A. Background: NABARD Consultancy Services Private Limited, a wholly owned subsidiary of NABARD has been contracted by Govt. of Odisha for preparation of Detailed Project Reports (DPR) for construction of Primary Agricultural Co-operative Societies (PACS) godowns across the State of Odisha in the co-operative sector. The company has been engaged as Project Management Consultant (PMC) for ensuring proper construction of these godowns. NABCONS invite offers from reputed firms for preparation of the DPRs which, inter alia, include preparation of design, drawing and detailed cost estimates for approximately 160 godowns based on site conditions, CWC guidelines, WDRA norms, OPWD schedule of rates and relevant IS codes. The DPR preparation shall be undertaken in phases as per actual number of proposals to be received from the Govt. of Odisha. The preparation of DPRs for these 160 godowns is expected to be completed by September 2016. The individual consultants, are not eligible to apply. B. Terms of Reference (TOR) The firm shall prepare Detailed Project Report (DPR) towards construction of new godowns in identified PACS along with design, drawing, detailed cost estimate and documentation work. C. Contract Period: The tenure of the contracted service shall be for a period of 01 year from signing of the contract. However, the contract, can be terminated beforehand, as per details given in the termination clause (O) of this document. As indicated in clause (A) above, the DPR preparation work shall be executed in phases. The scheduled time period for completion of each phase is 30 days from the date of advice issued therefor.

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Page 1 of 18

ADVERTISEMENT

NABARD Consultancy Services Private Limited (NABCONS)

A Wholly owned subsidiary of NABARD

An ISO 9001:2008 Company

A. Background:

NABARD Consultancy Services Private Limited, a wholly owned subsidiary of NABARD has been

contracted by Govt. of Odisha for preparation of Detailed Project Reports (DPR) for construction

of Primary Agricultural Co-operative Societies (PACS) godowns across the State of Odisha in the

co-operative sector. The company has been engaged as Project Management Consultant (PMC)

for ensuring proper construction of these godowns.

NABCONS invite offers from reputed firms for preparation of the DPRs which, inter alia, include

preparation of design, drawing and detailed cost estimates for approximately 160 godowns

based on site conditions, CWC guidelines, WDRA norms, OPWD schedule of rates and relevant

IS codes. The DPR preparation shall be undertaken in phases as per actual number of proposals

to be received from the Govt. of Odisha. The preparation of DPRs for these 160 godowns is

expected to be completed by September 2016.

The individual consultants, are not eligible to apply.

B. Terms of Reference (TOR)

The firm shall prepare Detailed Project Report (DPR) towards construction of new godowns in

identified PACS along with design, drawing, detailed cost estimate and documentation work.

C. Contract Period:

The tenure of the contracted service shall be for a period of 01 year from signing of the contract.

However, the contract, can be terminated beforehand, as per details given in the termination

clause (O) of this document. As indicated in clause (A) above, the DPR preparation work shall be

executed in phases. The scheduled time period for completion of each phase is 30 days from

the date of advice issued therefor.

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D. Scope of the work: The preparation of DPR shall cover the following:

The firm shall prepare each DPR, by incorporating details on the following aspects/ specifications;

i. Mapping the location of the godown, measurement of proposed land in the presence of revenue officials, present land status etc., with photographs thereof.

ii. Justification for the capacity of the godown on the basis of paddy procurement data for the concerned PACS and also availability of clear land.

iii. Architectural Design and Drawing adhering to the CWC guidelines and conforming to the accreditation norms of Warehousing Development & Regulatory Authority (WDRA).

iv. Hard copy of Structural Design & GFC Drawings as per latest IS Code. v. The preparation of GFC drawings within the scope of works, must include the following;

a. A. Site Lay out plan b. H. Column & Beam details c. O. Plumbing & Sanitary lay out details

d. B. Architectural Plan & Section

e. I. Truss details P. Septic tank & Soak pit details

f. C. Front & Side elevation J. Structural details of Truss g. Q. Drainage details

h. D. Door & Window details i. K. Sheeting details j. R. Internal & External electrification

k. E. Foundation Lay out l. L. Flooring details m. S. External development

n. F. Foundation-Footing Details o. M. Rolling shutter details T. Any other item required

for completion of work.

G. Pile Foundation & Pile cap, if required as per SBC of soil.

p. N. Toilet details

vi. Bills of Quantities (BOQ) with Detailed estimates & analysis as per current SOR adhering to the Orissa Public Works Code/PHED. The detailed estimates should cover the following items of works:

A. Construction of godown with approach road

E. Sinking of tube well I. 3rd Party Quality Monitoring cost.

B. Construction of watchman shed & toilet

F. Miscellaneous Equipment J. PMC Charge

C. Water supply & sanitary arrangements

G. Contingencies (1% of total civil & electrical works)

K. Any other item of works, as per the site conditions

D. Internal electrification H. Preliminary & Pre-operative Expenses

L. Details of lead indicating the name and distance of quarry for each godown.

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vii. Analysis of rates, cost of equipment and cost estimation. viii. Technical specification ix. Financial viability of the project, on the total project cost x. Any other relevant issues thereto xi. Any other modification required in the DPR and as may be delineated by NABCONS, from

time to time, post submission of DPR. xii. Any other work that may be assigned within the scope of work, xiii. The agency will submit a weekly report to NABCONS and in case of any difference in

opinion on any issue regarding the role of the agency, the decision of NABCONS shall prevail.

The Agreement shall be in effect till the acceptance of the DPR by the Govt. of Odisha (NABCONS client) by way of their Administrative approval.

E. Deliverables:

Each DPR, should be submitted in complete, in hard copy (4 sets), as per the scope of work specified in clause (D). In addition, the GFC drawing (4 sets) are to be submitted in A3 size paper.

F. Time Line for preparation & submission of DPR:

30 days from the date of issue of work order for preparation of DPR in each phase.

G. Eligibility criteria

(i) Minimum 5 years’ experience in project consultancy field relating to building construction works involving preparation of designs, drawing and cost estimates. (ii) Average Annual Turnover during last three years as on 31.03.2015 should not be less than Rs.50 lakh. (iii) Should have adequate qualified technical manpower as well as computer / printer infrastructure as indicated in clause (J) below (Evaluation criteria).

H. Remuneration:

The successful bidder/ firm shall be paid the consultancy fees to be approved by NABCONS

based on accepted tender rates + Applicable S.T. on submission of bill in duplicate. Statutory

deductions (TDS) shall be made as per Govt. notification. Payment will be made within 15

days after certification of bill.

I. Terms of payment:

The payment schedule of the consultancy fees will be as under:

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i. 25% of the fee shall be released on issue of work order

ii. 25% of the fee shall be paid on completion of field visits

iii. 25% of the fee shall be paid on submission of deliverables, as indicated at clause (D),

above

iv. 20% of the fee shall be paid on acceptance of DPR by Govt. of Odisha. v. 05% of the fee shall be paid after completion of the godown project.

J. Evaluation Criteria:

The evaluation will be based on total marks of 100. Technical evaluation will carry a weightage of 70 marks and financial evaluation will carry a weightage of 30 marks. Furthermore, the technical evaluation shall be done based on technical capability, experience in relevant field, presentation in the interview and overall interview performance (shortlisted firms shall be called for an interview). The break-up details of Technical Evaluation criteria are given as under:

S.No. Attribute Full Marks

Subcategory/ Attribute Marks to be awarded, subcategory wise

1 Work Experience 10 Experience of 5-10 years 7

Experience of more than 10 years 10

2 Project consultancy of similar nature / Industrial structure / residential buildings successfully completed

10 No. of assignments: 3 -10

7

No. of assignments: more than 10 10

3 Availability of technical & other staff

20 Architect 5

Structural Engineer 5

Estimation Engineer 5

CAD Designer 5

4 Availability of local office at Bhubaneswar or Cuttack

15 Local office 15

5 Technical presentation 30 Technical presentation 30

6 Availability of design/ architectural infrastructure

15 (i) Printer for Engineering Drawings compatible with CAD software

5

(ii) STAAD & CAD software 5

(iii) Estimation software 5

Total 100 100

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K. Award of work:

The bidder/firm has to secure a minimum score of 70 marks to be eligible for opening of

financial bid or in other words, financial bids, shall be opened for such agencies, who score

70 or more than 70 marks in the technical evaluation. The bidder/ firm scoring highest marks

in technical Evaluation will be given 70 marks. The other bidders marks score will be as

follows: -

Technical Evaluation Marks = (Marks of bidder in Technical Evaluation) * 70 / (Total Marks

of the Highest scoring Bidder in Technical Evaluation)

For Financial marks evaluation, the bidder/ firm quoting lowest price will be given 30 marks.

The other bidders will get marks as follows:-

Financial Evaluation Marks = (Cost quoted by the lowest bidder) * 30 / (Cost quoted by the

bidder)

Total marks of the Bidder/ Firm = Technical Evaluation Marks + Financial Evaluation Marks

The bidder scoring the highest total marks for the bid will be declared L1 bidder. The

assignment will be awarded to the L1 bidder selected on the basis of the above criteria

and will be declared as the successful bidder.

However, if required, in order to expedite the completion of the DPR assignment at an early

date, NABCONS may engage more than one firm in order of merit at the same rate and terms

& conditions as awarded through this tender process.

L. How to Apply:

The sealed tender in the prescribed format, addressed to “The Principal Consultant,

NABCONS, C/o NABARD Odisha RO, 2/1, ‘Ankur’, Near Nayapalli Civic Centre, Nayapalli,

Bhubaneswar - 751015” may be submitted by Speed/Registered post/Drop box at NABCONS

office, Bhubaneswar on or before 14.03.2016 by 17.30 Hrs.

The sealed tender superscribed with “Preparation of Detailed Project Report (DPR) for

construction of new godowns in identified societies across the State of Odisha” shall

contain the following documents:

i. Technical details of the firm in the prescribed format as given in Annexure -1.

ii. The Financial Bid duly filled in and signed by competent authority, dated and stamped, as given in Annexure-2.

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Each of the above two documents, should be sealed separately. iii. Terms & Conditions and Other Terms & Conditions of the tender document duly

stamped, dated and signed on each page.

Please Note the following:

a. All the tender papers should be serially numbered. The Page No.1 (One) of the tender document should be kept as page no. 1 (One).

b. NABCONS reserves the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rates quoted. In such case, NABCONS also reserves the right to award the balance part of the tender and / or any other consultancy work to other agencies at the sole discretion of NABCONS. The decision of NABCONS in this regard shall be final and binding on the firm and no claim of whatsoever nature shall be entertained from the firm on this account.

c. The rates quoted in the tender shall remain open for acceptance for a period of 60 days from the date of opening of tender. If the tenderer withdraws its tender before the same period or makes any modifications in the terms and conditions of the tender which are not acceptable to NABCONS, then NABCONS shall, without prejudice to any other right or remedy, be at liberty to ban the tenderer from participation in future projects.

d. Escalation in price(s) shall not be allowed under any circumstances.

e. The successful bidder/ firm, on acceptance of its tender by NABCONS, shall be required within 5 working days to sign the contract agreement consisting of all tender documents.

* This is to be taken as invitation to the bidders to attend the meeting. No separate letter, will be sent

from NABCONS.

M. NABCONS reserves the right to reject any application / candidature at any stage of

recruitment / Selection process, without assigning any reasons what so ever.

N. General Terms & Conditions:

I. The scrutiny of the DPR, drawings, designs, Estimates by NABCONS’ own Consultant /

General Information for the tender:

Last Date/ Time of submitting bids : 14.03.2016 by 17:30 hrs

Opening of Technical bid : 16.03.2016 at 15:00 hrs*

Opening of Financial bid : Shall be informed to eligible bidders

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supervisory staff, if any, does not absolve the Firm of its responsibility under the terms and conditions. The Firm shall remain solely responsible for correctness of the drawings, designs and estimate issued by itself as well as other associates appointed by the firm.

II. The Firm hereby agrees that the fee to be paid as provided herein shall be in full discharge of functions to be performed by them and no claim whatsoever shall be made against NABCONS in respect of any proprietary rights or copy rights on the part of any other party relating to the plans, models and drawings.

III. The Firm shall indemnify and keep indemnified NABCONS against any such claims related to Drawing, Designing & BOQ work, if paid by NABCONS in defending himself against such claims.

O. Failure & Termination:

I. In case of (i) violation of terms & conditions of the contract, and/or (ii) defect or deficiency in Scope of Work/activities/Assignment services as may be identified by NABCONS, in such event, NABCONS shall notify the Firm to cure/remedy the same within such period as may be prescribed by NABCONS, failing which, NABCONS shall be entitled to terminate the Agreement/Contract forthwith. Further, the Firm shall not have any right or entitlement to claim any compensation/money of whatsoever nature for any loss that may be sustained by the Firm as a result of such termination. Besides, even after termination of this contract for the reasons stated above, the Firm shall remain liable and be responsible for due certification of any design details and estimates submitted by them at any time in respect of the work executed prior to the date of termination and as such shall not be entitled to additional remuneration thereof.

II. If the Firm fails to adhere to the time schedule stipulated elsewhere or the extended time which may be granted by NABCONS at its sole discretion or agreed upon by NABCONS, and in case there is any change in the constitution of the firm for any reason whatsoever, NABCONS shall be entitled to terminate this Agreement and entrust the balance work to some other firm at the risk and cost of the Firm in addition to recovery of compensation, if any, as may be decided by NABCONS, due to such entrustment.

III. In case of termination under sub-clause (I) and (II) above, the Firm shall not be entitled to any fee or compensation except the fee payable to them for the work actually done and handed over and duly certified by NABCONS. In such cases the decision of NABCONS as to what is the work actually done and what is the amount of fee due to the Firm on the basis of actual work done shall be final and binding on the Firm.

IV. In case of the termination under sub-clause (I) or (II) above, NABCONS may make use of all or any drawings, estimates or other documents prepared by the Firm after payment for the services of the Firm for preparation of the same in full as provided herein.

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P. Termination:

I. BY NABCONS

NABCONS shall be entitled to terminate the Agreement/Contract by providing the Firm

at least fifteen (15) day notice in writing, in the event of following happenings:

a. if the Firm becomes insolvent or bankrupt or enter into any Contracts 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.

b. If the Firm fail to comply with any final decision reached as a result of arbitration proceedings.

c. If at any point of time, the Firm submits to NABCONS a statement and/or report and/or document which has a material effect on the rights, obligations or interests of the NABCONS in the opinion of NABCONS whether or not the same is within the knowledge of the Firm. It is hereby understood that any statement/report/document provided by the Firm to NABCONS under the Agreement is believed to have been provided diligently by Firm;

d. If, as a result of Force Majeure, the Firm is unable to perform a material portion of the Services for a period of not less than Forty Five (45) days;

e. If the Firm, in the judgment/opinion of NABCONS is engaged/ involved in corrupt or

fraudulent practices in executing the Contract.

However, NABCONS shall be entitled to terminate the Agreement/Contract by providing

the Firm at least thirty (30) day notice in writing in following event:

f. If NABCONS, in its sole discretion and/or for any reason whatsoever, decides to

terminate this Contract.

g. In the event of termination rights as may be exercised by NABCONS in the

aforementioned grounds and the grounds mentioned elsewhere, the Firm’s account shall

be settled in accordance with the mechanism as may be devised by NABCONS.

II. BY THE FIRM:

The Firm shall be entitled to terminate the Agreement/Contract by providing NABCONS at

least thirty (30) day notice in writing, in the event of following occurrences only and not

otherwise:

a. If NABCONS with-holds the genuine / legitimate claim of the Firm beyond 90 (ninety) days, after a material breach of obligations by Firm is remedied to the satisfaction of NABCONS

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b. If, as the result of Force Majeure, the Firm is unable to perform a material portion of the Services for a period of not less than Forty Five (45) days; or

c. If NABCONS fails to comply with any final decision reached as a result of arbitration.

Q. Penalty for deficiency in services:

a. NABCONS may issue warning to the Firm for minor defects/deficiencies in the opinion of NABCONS on its part. In case of significant/major defects/deficiencies in Services in the opinion of NABCONS causing adverse impact in relation to the Project for the purpose of which the Agreement is executed or imputing the reputation of NABCONS/NABARD/any other Governmental Authority, penalty of appropriate amount as may be decided by NABCONS shall be imposed and in addition, NABCONS may initiate action such as debarring Firm to work for NABCONS for a specified period and/or may even without any questioning by the Firm withhold any amount payable to the Firm.

b. In the event of total default / failure by the Firm in providing the Services, NABCONS reserves the right to get the Services executed by any other Firm at the Cost and risk of the Firm in addition to seeking Firm to pay damages to NABCONS for such failure/default.

R. Compensation for delay:

The time for carrying out the work, as specified, shall be strictly adhered to and abided by the Firm and shall be deemed to be the essence of the contract on the part of the Firm. The Assignment shall be carried out with due diligence throughout the stipulated period of the contract and in the event of proven failure of the Firm to complete the work within the given time schedule, as specified above, or subsequently notified to them, the Firm shall pay compensation, of an amount equal to 2% (two percent) of the fee payable for the work for every week that the work remains incomplete after the specified date in addition to the other rights available to NABCONS under the Agreement. However, the compensation shall be calculated based on the stage of completion of works at the particular stage in comparison to the stage of work that the Firm was supposed to carry out within the specified time, in terms of the schedule mentioned under “Scope of Work”.

S. Responsibility and obligation of the Firm:

The Firm shall:-

a. Provide the Services in accordance with agreement. b. Exercise the degree of skill, care, efficiency and diligence normally exercised by

members of the profession performing services of a similar nature; c. The Firm shall act at all times so as to protect the interest of NABCONS. d. Be bound to comply with any written direction of NABCONS to vary the scope, sequence

or timing of the Services in pursuance to the Agreement; and

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e. The Firm shall furnish to NABCONS such information related to the assignment herein as NABCONS may request from time to time.

T. Confidentiality and Publicity:

i. While on contract with NABCONS and at any time thereafter, no such business /

administration related information acquired during the course of providing services or

otherwise, shall be disclosed or divulged to others or made public, which could be

detrimental to the interests of NABCONS.

ii. Prior permission of NABCONS is to be obtained for making public or using in any way, other than in the course of normal services, any business / administration related information / data / analysis and the decision of NABCONS in this regard shall be final and binding on the awardee.

U. Indemnity and insurance:

a. The Firm shall take out and maintain adequate insurance against claims by third parties resulting from acts performed by it in carrying out the Services.

b. NABCONS undertakes no responsibility in respect of life, health, accident, travel or any other insurance coverage for the personnel or for the dependents of any such personnel as may be engaged by the Firm.

c. The Firm shall indemnify at all times, NABCONS from and against any and all claims, liabilities, obligations, losses, damages, penalties, actions, judgment, suits, proceedings, demands, costs, expenses and disbursements of whatsoever nature.

d. The Firm shall indemnify, protect and defend, at his own expense, NABCONS, its agents and employees, from and against any and all actions, claims, losses or damages arising out of Firm’s failure to exercise the skill and care required under the agreement, provided, however that Firm is notified of such actions, claims, losses or damages not later than twelve months after conclusion of the Services;

e. In addition to any liability the Firm may have under the agreement shall, at its own Cost and expense, upon request of NABCONS, re-perform the Services in the event of Firm’s failure to exercise the skill and care.

V. Ownership of Work Product, Computer Programs and Equipment:

a. All reports, documents, correspondence, draft publications, maps, drawings, notes, specifications, statistics, work product in any form and, technical data compiled or prepared by the Firm and communicated to NABCONS in performing the Services (in electronic form or otherwise and including computer-disks comprising data) shall be the sole and exclusive property of NABCONS once delivered/handed over to NABCONS, and may be made available to the general public at sole discretion of NABCONS. The

Page 11 of 18

Firm may take copies of such documents and data for purpose of its own use and future reference relating to the Services under terms and conditions acceptable to the NABCONS but shall not use the same for any purpose unrelated to the Services without the prior written approval of the NABCONS.

b. All computer programs developed by the Firm under this Contract shall be the sole and exclusive property of NABCONS; provided, however, that the Firm may use such programs for their own use with prior written approval of NABCONS.

c. If license agreements are necessary or appropriate between the Firm and third parties for purposes of development of any such computer programs to give effect to the scope of services reserved under the Agreement, the Firm shall obtain NABCONS’ prior written approval to such agreements and shall bear all cost involved for the purpose of such license agreements which shall not be paid/reimbursed by NABCONS.

W. Force Majeure:

a. If either party is temporarily unable by reason of force majeure to meet any of its obligations under the Contract, and if such party gives written notice of the event within fifteen (15) days after its occurrence, such obligations of the party as it is unable to perform by reason of the event shall be suspended for as long as the inability continues. Neither party shall be liable to the other party for any loss, actually incurred, or damage sustained by such other party arising from any event or delays arising from such event.

b. The term “force majeure” shall mean events beyond the control of either party, which prevent the affected party from performing and fulfilling its obligations under the Contract, and could not have been reasonably anticipated or foreseen, or although foreseen were inevitable, such as acts of war, whether or not war be declared, public disorders, insurrection, riots, sabotage, explosions, violent demonstrations, blockades, and other civil disturbances, epidemics, nuclear contamination, landslides, earthquakes, typhoons, volcanic eruption, floods, washouts and other natural calamities and acts of God, Government actions/ orders/ notifications/ ordinances/ regulations, strikes, lock-outs or other industrial action or equivalent disruption or disturbances, boycotts and embargo or the effects thereof, and any other similar events.

c. In the case of disagreement between the parties as to the existence, or extent of, force majeure, the matter shall be submitted to arbitration in accordance with provision of the agreement.

X. Other Conditions:

a. In the event NABCONS desires the Firm to perform certain services which are not specifically mentioned herein as Scope of Work, but otherwise implied/incidental as Scope of Work, in such event the Firm shall agree to perform such work/ services without any additional cost. However, additional services, as may be required by

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NABCONS which are beyond the Scope of Work, the Firm, may do so, on such new terms and conditions as may be mutually agreed by the Parties.

b. NABCONS shall provide to the Firm documents / information / reports as may be required by the Firm to enable it to provide the Services, if in the opinion of NABCONS, it is necessary to provide such documents/information/report for fulfillment of objective of the Agreement and not otherwise. NABCONS may furnish to the Firm from time to time such other documents/ reports/ information in its possession and/ or knowledge as it may consider relevant to perform the Services.

c. All intellectual property conceived, originated, devised, developed or created by the Firm, its agents, specifically for the purpose of rendering the Services under this Agreement, shall vest with NABCONS unless otherwise agreed, between NABCONS and the Firm. NABCONS as sole beneficial owner shall be entitled to use such intellectual property for any of its purpose.

d. Unless otherwise agreed, NABCONS shall have the copyright on all the reports, documents, map etc., authored, prepared or generated during the course of the Services to be provided by the Firm.

Y. Foreclosure of Contract / Reduction in scope of contract

At any time pursuant to signing of the Agreement, should NABCONS decide to abandon

or reduce the scope of the work for any reason whatsoever and hence not require the

whole or any part of the works to be carried out under this contract, NABCONS shall

give notice in writing to that effect to Firm and Firm shall act accordingly in the matter.

The Firm shall have no claim to any payment of compensation or other-wise

whatsoever, on account of any profit or advantage which the firm might have derived

from the execution of the works in full but which the firm did not derive in consequence

of the foreclosure of the whole or part of the works.

Z. Compliance with Laws:

The Firm shall take due care that all its documents comply with all relevant laws and

statutory regulations and ordinances, guidelines in force which includes all laws in force

and effect as of the date hereof and which may be promulgated or brought into force

and effect hereinafter in India including judgement, decrees, injunctions, writs of or

orders of any court of record, as may be in force and effect during the subsistence of

the Agreement applicable to the Firm.

AA. Governing Law and Jurisdiction:

The Agreement shall be governed by the laws of India. The Courts in Bhubaneswar only

shall have exclusive jurisdiction over all matters arising out of or in relation to the

Agreement.

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AB. Dispute Resolution and Arbitration:

Amicable Resolution

Any dispute, difference or controversy of whatever nature between the Parties, howsoever

arising under, out of or in relation to the Agreement (the "Dispute") shall in the first instance

be attempted to be resolved amicably through discussions between the Parties.

Arbitration

a. Procedure

Any Dispute which is not resolved amicably within 30 days from the date of raising of such

Dispute, by either party, the same shall be referred by the party who raised the Dispute first, to

the Principal Consultant-CGM, NABCONS. There upon, the Principal Consultant-CGM, NABCONS

shall appoint a sole arbitrator within thirty days from the date of reference. The proceedings of

the arbitrations shall be conducted in accordance with the provisions of Arbitration &

Conciliation Act 1996 and the amendments made thereunder.

b. Place of Arbitration The place of arbitration shall be at Bhubaneswar.

c. English Language The request for arbitration, the answer to the request, the terms of reference, any

written submissions, any orders and awards shall be in English and, if oral hearings take

place, English shall be the language to be used in the hearings.

d. Enforcement of Award The Parties agree that the decision or award resulting from arbitration shall be final and

binding upon the Parties and shall be enforceable in accordance with the provisions of

law.

e. Performance during Dispute Resolution Pending the submission of and / or decision on a dispute and until the arbitral award is

published, the Parties shall continue to perform their respective obligations under this

Agreement, except the matter of Dispute.

AC. Severability:

In the event that any provision of the Agreement is held to be invalid or unenforceable,

the remaining provisions of the Agreement will remain in full force and effect.

WAIVER

Waiver by either party of any default by the other party in the observance and

performance of any provision of or obligations under the Agreement:

Page 14 of 18

a. Shall not operate or be construed as a waiver of any other or subsequent default or of other provisions or obligations under the Agreement;

b. Shall not be effective unless it is in writing and executed by a duly authorized representative of such party granting the waiver.

AD. Modification:

Modification of the terms and conditions of the Agreement, including any modification

in the Scope of the Work, shall only be made by written agreement between the Parties.

AE. Notices:

Unless otherwise stated, notices to be given under this contract including but not

limited to a Notice of waiver of any term, breach of any term of the Agreement and

termination of the Agreement, shall be in writing and shall be given by hand delivery,

recognized international courier, mail, telex, Fax or e-mail transmission and delivered

or transmitted to the Parties at their respective addresses mentioned hereinabove.

Notice will be deemed to be served as specified below:

(i) In the case of personal delivery or registered mail, on delivery.

(ii) In the case of fax / e-mail, 24 hours following confirmed transmission.

AF. Transfer of Assignment:

No Party may assign its interests in the contract without the prior written consent of

the other Party. Unless specifically stated to the contrary, in any written consent to an

assignment, no assignment shall release or discharge the assignor from any obligation

under the Agreement.

AG. Variations:

NABCONS may, by written notice to the Firm, direct the Firm to vary the scope, sequence

or timing of the Services and the Firm shall be bound to comply with that direction.

However, for any such variation by Firm, the same has to be explicit by way of a written

consent from NABCONS only and not otherwise.

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Annexure – 1

Technical Proposal

1 Sector Description

2 Name of Organisation

3 Nature of Organisation (Firm, Company/ Institute etc)

3 Date of Establishment / Incorporation

4 Name & Designation of the Head of the Organisation

5 Address

6 E-mail

7 Contact Ph. No./Fax No.

8 Name & Educational Qualifications of at least 2 Key persons

Name Age Degree Institute/University Sector Years of Experience

9. Organisational Details

Turnover of the firm in the last 3 years as per audited financial statement (copy of audited fin. Statements to be enclosed), in Rupees Lakh

2012 -13 :

2013 -14 :

2014 -15 :

If Company, then profit in the last 3 years

Total Manpower strength (Permanent staff)

No. of specialist manpower

Locational presence (International / Domestic) Please indicate major countries/ states)

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Address of Registered Office:

Address of local office in Bhubaneswar / Cuttack

10 List of assignments undertaken that best Illustrates Capability (Starting with latest assignments)

I Year

Assignment/Project

Duration

Location

Client

Position Held

Activities Performed

II Year

Assignment/Project

Duration

Location

Client

Position Held

Activities Performed

11. Technical competencies of the firm (#)

Sl. Attribute subcategory - attribute Tick mark appropriate sub-category /ies

1 Work Experience Experience -5-10 years

Experience -10 & more years

2 Project consultancy of similar nature / Industrial structure / residential buildings successfully completed

No. of assignments - 3 -10

No. of assignments–10 & above

3 Availability of technical & other staff with the firm

Architect

Structural Engineer

Estimation engineer

CAD Designer

4 Availability of local office at Bhubaneswar or Cuttack

Local office

Page 17 of 18

5 Availability of design / architectural infrastructure

1. Printer for Engineering Drawings compatible with CAD software

2. STAAD & CAD software

3. Estimation software

Total

# Documentary proof, in support of the work experience, to be given clearly, along with completion certificate 12. Declaration

1. I / We, the undersigned certify on behalf of the company, that information provided is correct and true to the best of my knowledge.

2. I / We declare that my / our organization has not been blacklisted by any Central / State

Government Department / Public Sector Undertaking. Name : (Authorized Signatory) Date : Note: Please do not change the format. However, additional rows may be inserted wherever

required.

Page 18 of 18

Annexure-II

OFFER FORM – FINANCIAL BID PART

To, Principal Consultant NABCONS, C/O NABARD,Ankur, 2/1, Nayapalli Civic Centre, Bhubaneshwar-751015

Sir,

I/We hereby offer our rates for “Preparation of Detailed Project Report (DPR) for construction of new godowns in identified societies across the State of Odisha” as per the scope of work given in the Bid Document.

The professional fee, quoted, is given in the following table based on the scope of work & other terms and

conditions, as given in the advertisement.

Description Professional fees quoted

In words In figure

Professional fee for the above work

excluding Service Tax (in figures &

in words) to be quoted in Absolute

value, in Rupees, per DPR

2. I/We agree to keep our offer valid for 60 days from the date of opening of the bid; and shall be bound by a communication of acceptance within that time to act as the Design Architect/Firm in accordance with the tender not withstanding that a formal contract may be signed at a later date.

Yours faithfully,

(Signature of Tenderer or Authorized Representative)

For and on behalf of

M/s ……………………………

…………………………

SEAL