Document text
Bid Number: GEM/2026/B/7176682
Dated: 06-03-2026
Bid Corrigendum
GEM/2026/B/7176682-C8
Following terms and conditions supersede all existing “Buyer added Bid Specific Terms and conditions” given in
the bid document or any previous corrigendum. Prospective bidders are advised to bid as per following Terms
and Conditions:
Buyer Added Bid Specific Additional Terms and Conditions
1. Bidder financial standing: The bidder should not be under liquidation, court receivership or similar
proceedings, should not be bankrupt. Bidder to upload undertaking to this effect with bid.
2. Buyer Organization specific Integrity Pact shall have to be complied by all bidders. Bidders shall have to
upload scanned copy of signed integrity pact as per Buyer organizations policy along with bid. Click here
to view the file
3. Bidder's offer is liable to be rejected if they don't upload any of the certificates / documents sought in the
Bid document, ATC and Corrigendum if any.
4. PAYMENT OF SALARIES AND WAGES: Service Provider is required to pay Salaries / wages of
contracted staff deployed at buyer location first i.e. on their own and then claim payment from Buyer
alongwith all statutory documents like, PF, ESIC etc. as well as the bank statement of payment done to
staff.
5. Buyer uploaded ATC document Click here to view the file.
6. File Attachment Click here to view the file.
7. File Attachment Click here to view the file.
Disclaimer
The additional terms and conditions have been incorporated by the Buyer after approval of the Competent
Authority in Buyer Organization, whereby Buyer organization is solely responsible for the impact of these clauses
on the bidding process, its outcome, and consequences thereof including any eccentricity / restriction arising in
the bidding process due to these ATCs and due to modification of technical specifications and / or terms and
conditions governing the bid. If any clause(s) is / are incorporated by the Buyer regarding following, the bid and
resultant contracts shall be treated as null and void and such bids may be cancelled by GeM at any stage of
bidding process without any notice:-
1. Definition of Class I and Class II suppliers in the bid not in line with the extant Order / Office Memorandum
issued by DPIIT in this regard.
2. Seeking EMD submission from bidder(s), including via Additional Terms & Conditions, in contravention to
exemption provided to such sellers under GeM GTC.
3. Publishing Custom / BOQ bids for items for which regular GeM categories are available without any
Category item bunched with it.
4. Creating BoQ bid for single item.
5. Mentioning specific Brand or Make or Model or Manufacturer or Dealer name.
6. Mandating submission of documents in physical form as a pre-requisite to qualify bidders.
7. Floating / creation of work contracts as Custom Bids in Services.
8. Seeking sample with bid or approval of samples during bid evaluation process. (However, in bids for
attached categories, trials are allowed as per approved procurement policy of the buyer nodal Ministries)
9. Mandating foreign / international certifications even in case of existence of Indian Standards without
specifying equivalent Indian Certification / standards.
1 / 2
10. Seeking experience from specific organization / department / institute only or from foreign / export
experience.
11. Creating bid for items from irrelevant categories.
12. Incorporating any clause against the MSME policy and Preference to Make in India Policy.
13. Reference of conditions published on any external site or reference to external documents/clauses.
14. Asking for any Tender fee / Bid Participation fee / Auction fee in case of Bids / Forward Auction, as the
case may be.
15. Buyer added ATC Clauses which are in contravention of clauses defined by buyer in system generated bid
template as indicated above in the Bid Details section, EMD Detail, ePBG Detail and MII and MSE Purchase
Preference sections of the bid, unless otherwise allowed by GeM GTC.
16. In a category based bid, adding additional items, through buyer added additional scope of work/ additional
terms and conditions/or any other document. If buyer needs more items along with the main item, the
same must be added through bunching category based items or by bunching custom catalogs or
bunching a BoQ with the main category based item, the same must not be done through ATC or Scope of
Work.
Further, if any seller has any objection/grievance against these additional clauses or otherwise on any aspect of
this bid, they can raise their representation against the same by using the Representation window provided in
the bid details field in Seller dashboard after logging in as a seller within 4 days of bid publication on GeM. Buyer
is duty bound to reply to all such representations and would not be allowed to open bids if he fails to reply to
such representations.
*This document shall overwrite all previous versions of Bid Specific Additional Terms and Conditions.
This Bid is also governed by the General Terms and Conditions
2 / 2
File No. W/23/2025-PMDW/23/2025-PMD
Date: 06-03-2026
Corrigendum- Addendum Notice
Subject: Engagement of Project Implementation Unit for Construction Project of
ESIC
GeM Tender Id
: GEM/2025/8/7176682
With reference to above tender published on GeM portal and ESIC website,
the following clauses shall be amended as follows:
S.N
o
Section,
Clause and
Page no.
Existing clause
Amended Clause
1.
Section-1,
1.2, Pg-09
A registered Company or Firm
with experience and expertise
with delivering the similar
nature of service in Central
Government
or
State
Government Public Sector
Undertakings (PSU) / Central
Government
or
State
Government Departments or
Organizations(PWD/PWO)/
Central Government or State
Government Public Sector
Enterprises
(PSE)/Private
Companies i.e., providing
Program
Management
Consultancy (PMC) services
for monitoring of Construction
of Hospital Buildings / Medical
Institute / Dispensary / Office
Buildings/Commercial
Buildings etc..
A registered Company or
Firm with experience and
expertise with delivering the
similar nature of service in
Central Government or
State Government Public
Sector
Undertakings
(PSU) / Central Government
or
State
Government
Departments
or
Organizations (PWD/PWO)/
Central Government or
State Government Public
Sector
Enterprises
(PSE)/Private Companies.
2.
Section-1,
1.4, Pg-09
Joint-venture / consortia of
firms / companies and foreign
bidders are not eligible to
quote for the tender
Foreign bidders are not
eligible to quote for the
tender. Joint-venture /
consortium of firms /
companies is allowed.
If the Bidder is a Joint
Venture then, the members
of the Joint Venture shall
enter into a binding Joint
Bidding Agreement in an
agreeable format, for the
purpose of making and
submitting a Bid. The Jt.
Bidding Agreement, to be
W/23/2025-PMD
I/3664181/2026
submitted along with the
Bid, shall, inter alia:
i.
Nominate one of the
Members as the Lead
Member of the Joint
Venture.
ii.
Convey the intent to
enter into the agreement by
the Lead Member and
subsequently perform all
the obligations of the PIU in
terms of the agreement, in
case the assignment is
awarded to the Joint
Venture;
iii.
Clearly outline the
proposed
roles
and
responsibilities, if any, of
each member.
Furthermore, the following
shall be applicable for
JV/Consortium:
a. Maximum 2 nos. of
number of partners in
consortium/ JV is
permitted.
b. One of the members
of the JV firm shall
be its Lead partner
who shall have a
majority, at least 60%
of share of interest in
the JV firm.
c. Joint
Venture/
Consortium
agreement
containing name of
partners and lead
partner, Power of
Attorney to the Lead
Partner and share of
each partner is to be
submitted
d. all members shall
sign the contract and
shall be jointly and
severally liable for
the entire assignment
e. In
case
of
JV/Consortium, PAN
Card for each partner
W/23/2025-PMD
I/3664181/2026
of
JV/Consortium
shall be submitted.
f.
Experience of similar
consultancy shall be
collectively (clubbed
together) met by
consortium/
JV
partners.
g. In case of a
Consortium/Joint
Venture (maximum
two members), the
Financial
Capacity/Turnover/N
et worth criteria shall
be satisfied such that
the Lead Member
meets at least 60%
of the specified
turnover requirement
and
the
other
member meets at
least 25% of the
specified
turnover
requirement,
and
collectively
the
Consortium/Joint
Venture shall meet
100%
of
the
prescribed turnover
requirement
h. The
performance
evaluation in Section-
2, clause 3 shall be
evaluated collectively
(clubbed together)
i.
ESIC shall only deals
with
lead
member/partner of
consortiums/ JVs for
all the purposes.
j.
The team leader
proposed
should
have worked for a
sufficient number of
years (i.e., more than
two years) with the
main qualifying firm.
If this is not complied
with, then bid shall
be treated as non
W/23/2025-PMD
I/3664181/2026
responsive.
3.
Section-1,
1.8, Pg-09
Intending bidder is eligible to
submit the bid provided he has
definite proof from the
appropriate authority such as
above or level of Executive
Engineer/Project
Manager
which shall be to the
satisfaction of the competent
authority of employer, of
having satisfactorily completed
similar Consultancy services
of magnitude specified in
qualifying criteria. In case of
Consultancy works of private
nature
other
than
Central/State
Government/Central
Autonomous
Body/Central
Public Sector undertaking/City
Development
Authority/Municipal
Corporation of city, they shall
be required to submit T.D.S.
certificates for Consultancy
works issued by respective
clients.
Intending bidder is eligible
to submit the bid provided
he has definite proof from
the appropriate authority
such as above or level of
Executive Engineer/Project
Manager which shall be to
the satisfaction of the
competent authority of
employer,
of
having
satisfactorily completed or
substantially
completed
similar
Consultancy
services of magnitude
specified in qualifying
criteria. In case of
Consultancy works of
private nature other than
Central/State
Government/Central
Autonomous Body/Central
Public
Sector
undertaking/City
Development
Authority/Municipal
Corporation of city, they
shall be required to submit
T.D.S.
certificates
for
Consultancy works issued
by respective clients.
Substantially
completed
work means the bidder
should have received 80%
of the consultancy fees.
4.
Section-1,
1.36.4.d,
Pg-14
Total adjustment will be
subject to maximum ceiling of
10% of annual contract value,
beyond which the price
variation would be capped at
this level. As soon as it comes
to light that price variations are
likely to go beyond this ceiling,
and
if
the
Project
Implementation Unit is not
agreeable to the price
variation being capped at that
level, he may notify the ESIC
under ‘Frustration of Contract’
provisions in the Tender
Document/
Clause,
for
termination of contract.
Total adjustment will be
according to CPI (IW)
indexation, beyond which
the price variation would not
be considered and PIU may
notify
ESIC
under
‘Frustration of Contract’
provisions in the Tender
Document/ Clause, for
termination of contract
5.
Section-1,
5.1.3, Pg-09
‘Bidder’ or ‘Tenderer’ shall
mean the person or company
‘Bidder’ or ‘Tenderer’ shall
mean any eligible person or
W/23/2025-PMD
I/3664181/2026
or firm who receives the
Tender Document and submits
Tender or Bid to ESIC
firm or company, including a
Joint venture, consortium
(that is an association of
several persons, or firms or
companies) who submits
Tender or Bid to ESIC
6.
Section-2,
A.i Pg-34
A.
The bidder who fulfils
the following requirements
shall be eligible to apply. Joint
ventures are not accepted.
The minimum qualifying
criteria is as below:
i.
The bidder should have
registered Company or Firm
with experience and expertise
with delivering the similar
nature of service in Central
Government
or
State
Government Public Sector
Undertakings (PSU) / Central
Government
or
State
Government Departments or
Organizations(PWD/PWO)/
Central Government or State
Government Public Sector
Enterprises
(PSE)/Private
Companies i.e., providing
Program
Management
Consultancy (PMC) services
for monitoring of Construction
of Hospital Buildings / Medical
Institute / Dispensary / Office
Buildings/Commercial
Buildings etc..
A.
The bidder who fulfils
the following requirements
shall be eligible to apply.
Joint ventures/Consortium
are allowed. The minimum
qualifying criteria is as
below:
i.
The bidder should
have registered Company
or Firm with experience and
expertise with delivering the
similar nature of service in
Central Government or
State Government Public
Sector
Undertakings
(PSU) / Central Government
or
State
Government
Departments
or
Organizations(PWD/PWO)/
Central Government or
State Government Public
Sector
Enterprises
(PSE)/Private Companies.
7.
Section-2,
A. ii Pg-34-
35
Works Experience: The Bidder
should have satisfactorily
completed similar works
during the last Seven years
ending previous day of last
date of submission of tenders
for
Central/State
Government/Central
Autonomous
Body/Central
Public Sector undertaking/City
Development
Authority/Municipal
Corporation of city/ others.
This should be certified by an
officer not below the rank of
Executive
Engineer/Project
Manager or equivalent: a.
Three similar works each
costing not less than the
amount
equal
to
Works Experience: The
Bidder
should
have
satisfactorily completed or
substantially completed of
similar works during the last
10 (Ten) years ending
previous day of last date of
submission of tenders for
Central/State
Government/Central
Autonomous Body/Central
Public
Sector
undertaking/City
Development
Authority/Municipal
Corporation of city/ others.
This should be certified by
an officer not below the rank
of
Executive
Engineer/Project Manager
W/23/2025-PMD
I/3664181/2026
Rs.9,75,41,160, OR b. Two
similar works each costing not
less than the amount equal to
Rs.14,63,11,740, OR c. One
similar work costing not less
than the amount equal to
Rs.19,50,82,320. For similar
completed works the final cost
as
mentioned
in
the
completion certificate issued
by competent authority i.e.
authorized
person
of
client/department shall be
considered for determining the
costing as mentioned above
for evaluating the qualifying
criteria.
The value of completed works
shall be brought to the current
costing level by enhancing the
actual value of work at a
simple enhancement rate of 7
% per annum calculated from
date of completion to last date
of receipt of application for bid
document.
or equivalent:
a. Three similar works each
costing not less than the
amount
equal
to
Rs.9,75,41,160, OR
b. Two similar works each
costing not less than the
amount
equal
to
Rs.14,63,11,740, OR
c. One similar work costing
not less than the amount
equal to Rs.19,50,82,320.
For similar completed works
the final cost as mentioned
in the completion certificate
issued
by
competent
authority i.e. authorized
person of client/department
shall be considered for
determining the costing as
mentioned
above
for
evaluating the qualifying
criteria.
Substantially
completed
work means the bidder
should have received 80%
of the consultancy fees.
8.
Section-2,
A. iii Pg-34-
35
iii.
Annual
Turnover:
Average annual financial
turnover of bidder from
consultancy services should
not
be
less
than
Rs.7,31,55,870/- during the
immediate last 3 (Three)
consecutive financial years
ending on 31st March 2025.
This should be duly certified
by Chartered Accountant
(Scanned copy of Certificate
from CA with Unique
Document
Identification
Number (UDIN) to be
uploaded) along with audited
Balance Sheets and Profit &
Loss account. The value of
annual turnover figures shall
be brought to current value by
enhancing the actual turnover
figures at simple rate of 7%
per annum. Year in which no
turnover is shown would also
be considered for working out
the average.
iii.
Annual
Turnover:
Average annual financial
turnover of bidder from
consultancy services should
not
be
less
than
Rs.7,31,55,870/- during the
immediate last 3 (Three)
consecutive financial years
ending on 31st March 2025.
This should be duly certified
by Chartered Accountant
(Scanned
copy
of
Certificate from CA with
Unique
Document
Identification
Number
(UDIN) to be uploaded)
along with audited Balance
Sheets and Profit & Loss
account.
9.
Section-2,
The definition of similar works 1.1Definition of Similar
W/23/2025-PMD
I/3664181/2026
1.1 Pg-35-
36
shall be as under: Project
Management
Consultancy
(PMC)
services/Providing
professionals for Advisory or
Consulting
services/
monitoring of construction
projects
like
hospital/residential/Office/ for
monitoring of Construction of
Hospital Buildings / Medical
Colleges / Office Buildings/
Institutional/Residential/Comm
ercial buildings.
Works/services:
The definition of similar
works shall be as under:
Project
Management
Consultancy
(PMC)
services/
Program
Management Consultancy
(PMC)
/Project
Management
Unit
(PMU)/Project
Implementation
Unit(PIU)/Providing
professionals for Advisory
or Consulting services/
monitoring of construction
of social and commercial
infrastructures as defined
in an updated Harmonized
Master
List
of
Infrastructure sub-sectors
as per Ministry of
Finance, Department of
Economic affairs, IPP
division,
notification
dated 19.09.2025 except
Post-harvest
storage
infrastructure
for
agriculture
and
horticultural
produce
including cold storage,
Terminal markets, Soil-
testing laboratories, Cold
Chain, ropeway
10.
Section-2,
3.0, Page
no 36
Performance
Evaluation
Criteria: The bidders qualifying
the initial criteria as mentioned
above in para 1 of this section
shall be evaluated on QCBS
criteria on the basis of details
furnished by them.
For Selection of bidder, Quality
cum Cost Based Selection
(QCBC)
method
with
Technical: Financial weightage
of 70:30 respectively is
adopted. The individual cut-off
marks for technical bid
evaluation is 50%, with overall
cut-off of 70% The bidders
qualifying
in
technical
evaluation,
i.e.,
having
minimum 70% marks shall be
eligible for financial bid
evaluation:
Please refer appendix-1 of
this notice.
W/23/2025-PMD
I/3664181/2026
Table
……….
Note:
11.
Section 3,
Clause 7.7
Page 65-69
The Project Implementation
Unit shall deploy personnel as
tabulated under and who shall
discharge their respective
responsibilities in accordance
with the position and expertise
and will operate under ESIC
and hence will be liable to
report to ESIC only for efficient
monitoring of project:
……….
Note: Rate of recovery for
non-fulfilling of requirement is
1.20 times of remuneration
quoted by the PIU per month
per person, calculated on a
pro-rata basis considering 30
days per month for the number
of days of shortfall
Please refer appendix-2 of
this notice.
12.
Section 3,
Clause 7.13
Page 70
7.13The
monthly
rates
indicated
against
each
manpower shall be deposited
directly into the respective
manpower’s bank account. If
the amount deposited is found
to be less than or more than
the quoted rates, the minimum
of the two (i.e., the deposited
amount or the quoted rate)
shall be payable to the PIU.
Deleted
13.
Section 3,
Clause 7.26
Page 71
7.26. The Overhead expense
(OH) and profit shall be paid in
monthly instalment along with
payment towards manpower
resources for the contract
period i.e., 3 years.
Deleted
14.
Section-4
Financial
bid, Pg 73-
74
Existing form
Please refer to appendix-3
15.
Form C
Pg 80
Existing form
Please refer to appendix-4
16.
Form
G,
3.25,
Recovery
for
non-
deployment
of
3.25
The
Project
Implementation Unit shall
deploy personnel as tabulated
under and who shall discharge
their respective responsibilities
in accordance with the position
Please refer appendix-5 of
this notice.
W/23/2025-PMD
I/3664181/2026
manpower
Pg 97
and expertise and will operate
under ESIC and hence will be
liable to report to ESIC only for
efficient monitoring of project:
………………
17.
Form
G,
clause 3.31
Page 101-
102
3.31The
monthly
rates
indicated
against
each
manpower shall be deposited
directly into the respective
manpower’s bank account. If
the amount deposited is found
to be less than or more than
the quoted rates, the minimum
of the two (i.e., the deposited
amount or the quoted rate)
shall be payable to the PIU.
Deleted
18.
Form
G,
clause 3.51
Page 103
3.51
The Overhead expense
(OH) and profit shall be paid in
monthly instalment along with
payment towards manpower
resources for the contract
period i.e., 3 years.
Deleted
19.
Form
G,
clause 5.2
Page 104
5.2
The Overhead expense
(OH) and profit shall be paid in
monthly instalment along with
payment towards manpower
resources for the contract
period i.e., 3 years
Deleted
20.
Form
G,
6.3.4
Pg 107
Total adjustment will be
subject to maximum ceiling of
10% of contract value, beyond
which the price variation would
be capped at this level. As
soon as it comes to light that
price variations are likely to go
beyond this ceiling, and if the
Project Implementation Unit is
not agreeable to the price
variation being capped at that
level, he may notify the ESIC
under ‘Frustration of Contract’
provisions in the Tender
Document/
Clause,
for
termination of contract.
Total adjustment will be
according to CPI (IW)
indexation, beyond which
the price variation would not
be considered and PIU may
notify
ESIC
under
‘Frustration of Contract’
provisions in the Tender
Document/ Clause, for
termination of contract
21.
Annexure-3
Not attached.
As per document, the
annexure-3 is attached
herewith
22.
Last date of
submission
of bids
The last date of submission of
bids is 09.03.2026 at 3:00 PM
The last date of submission
of bids is 16.03.2026 at
3:00 PM
23.
Date
of The date of opening of bids is The last date of submission
W/23/2025-PMD
I/3664181/2026
opening of
bids
09.03.2026 at 3:30 PM
of bid is 16.03.2026 at 3:30
PM
This issues with the approval of Competent Authority.
The concerned bidders are requested to check further notification/updates, if
any on https://gem.gov.in/ and https://www.esic.nic.in/tenders.
Note:
1. All relevant changes/modification are available on https://gem.gov.in/ and
www.esic.nic.in/tenders.
2. All other terms & conditions remain unaltered.
Chief Engineer (I/c)
W/23/2025-PMD
I/3664181/2026
SIGN
APPENDIX-1
3.Performance Evaluation Criteria: The bidders qualifying the initial criteria
as mentioned above in para 1 of this section shall be evaluated on QCBS criteria
on the basis of details furnished by them.
For Selection of bidder, Quality cum Cost Based Selection (QCBC) method with
Technical: Financial weightage of 70:30 respectively is adopted. The individual
cut-off marks for technical bid evaluation is 50%, with overall cut-off of 70% The
bidders qualifying in technical evaluation, i.e., having minimum 70% marks shall
be eligible for financial bid evaluation. The marks distribution is as detailed below:
-
S. No.
Technical Bid Evaluation Essential
Parameters
Max Marks
Cut-off
Marks
3.1
Financial Strength
15
7.5
3.1.1 Avg. annual financial turnover
10
3.1.2 Annual profit (PAT)
5
3.2
Key experts
50
25
3.3
Firm experience
35
17.5
3.3.1 Experience in similar works during last ten
years
20
3.3.2 Experience in medica college or hospitals
15
Total Marks
100
70
S. No.
Technical Bid Evaluation Essential Parameters Max Marks
Cut-off
Marks
3.1
Financial Strength
15
7.5
3.2
Key experts
50
25
3.3
Firm experience
35
17.5
Total Marks
100
70
3.1 Financial Strength
S.
No
.
Essential
Max
Mark
Criteria
1
Average Annual Financial
turn over from consultancy
services in last 3 financial
Years.
10
i.
60% marks for minimum eligibility
criteria.
ii. 100% marks for twice the minimum
eligibility criteria or more.
In between (i) & (ii) - on pro-rata basis
2
Annual Profit (profit after
tax) in last 5 years
5
i.
Positive Annual profit in 5 years: 5 marks
ii. Positive Annual profit in 4 years: 4 marks
iii. Positive Annual profit in 3 years: 3 marks
The bidder is to attach the details as Form
D-1 with supporting documents certified by
W/23/2025-PMD
I/3664181/2026
Authorized Signatory.
3.2 Key experts
S. No
Essential
Max marks
1
Professionally qualified technical
staff as key personnel
50
Criteria
S.No.
Designation of
key technical
staff
Max
Points
Points for
minimum
Education
as
per
requirement
Experience (Years)
Projects
1.
Team Leader
160
30
i.
20
years
of
experience:
20
points
ii.
Every additional 2
years
of
experience above
20 years: 5 points.
Maximum points-
15
iii.
5
years
of
experience
in
healthcare out of
total experience:
15 points
i.
Experience as
Team Leader in 2
similar projects-10
ii.
For each additional
project with the
role as team
leader: 5
Points(maximum
15 points)
iii.
For each similar
nature of project: 5
points (maximum
35 points)
iv.
For each health
care project
additional points:5
points (maximum
of 20 points)
2.
Deputy Team
Leader 1
100
20
i.
12
years
of
experience:
10
points
ii.
Every additional 2
years
of
experience above
12
years:
5
points(maximum
10 Points)
iii.
Additional points
for each year of
experience
in
healthcare out of
total experience: 5
points(Maximum
10 Points)
i.
For each similar
nature of project: 5
points-(Maximum
30 Marks)
ii.
For each health
care project
additional points of
5 points(Maximum
20 points)
3.
Deputy Team
Leader 2
100
20
i.
12 years of
experience: 10
points
ii.
Every
additional 2
years of
experience
above 12
years: 5
points(maximu
m 10 Points)
iii.
Additional
points for each
i.
For each
similar nature
of project: 5
points-
(Maximum 30
Marks)
ii.
For each
health care
project
additional
points of 5
points(Maximu
W/23/2025-PMD
I/3664181/2026
year of
experience in
healthcare out
of total
experience: 5
points(Maximu
m 10 Points)
m 20 points)
4.
Deputy Team
Leader 3
100
20
i.
12 years of
experience: 10
points
ii.
Every
additional 2
years of
experience
above 12
years: 5
points(maximu
m 10 Points)
iii.
Additional
points for each
year of
experience in
healthcare out
of total
experience: 5
points(Maximu
m 10 Points)
i.
For each
similar nature
of project: 5
points-
(Maximum 30
Marks)
ii.
For each
health care
project
additional
points of 5
points(Maximu
m 20 points)
5.
Deputy Team
Leader 4
100
20
i.
12 years of
experience: 10
points
ii.
Every
additional 2
years of
experience
above 12
years: 5
points(maximu
m 10 Points)
iii.
Additional
points for each
year of
experience in
healthcare out
of total
experience: 5
points(Maximu
m 10 Points)
i.
For each
similar nature
of project: 5
points-
(Maximum 30
Marks)
ii.
For each
health care
project
additional
points of 5
points(Maximu
m 20 points)
6.
Senior
Architect
80
15
i.
15
years
of
experience:
10
points
ii.
Every additional 2
years
of
experience above
15
years:
5
points(Maximum
10 points)
i.
For each similar
nature of project: 5
points(maximum
20 points)
ii.
For each health
care project
additional points of
5 points(Maximum
20 Points)
W/23/2025-PMD
I/3664181/2026
iii.
5
years
of
experience
in
healthcare out of
total experience: 5
points
7.
Senior Civil
Engineer
80
15
i.
15 years of
experience: 10
points
ii.
Every
additional 2
years of
experience
above 15
years: 5
points(Maximu
m 10 points)
iii.
5 years of
experience in
healthcare out
of total
experience: 5
points
i.
For each
similar nature
of project: 5
points(maximu
m 20 points)
ii.
For each
health care
project
additional
points of 5
points(Maximu
m 20 Points)
8.
Senior
Electrical
Engineer
80
15
i.
15 years of
experience: 10
points
ii.
Every
additional 2
years of
experience
above 15
years: 5
points(Maximu
m 10 points)
iii.
5 years of
experience in
healthcare out
of total
experience: 5
points
i.
For each
similar nature
of project: 5
points(maximu
m 20 points)
ii.
For each
health care
project
additional
points of 5
points(Maximu
m 20 Points)
9.
Senior
Mechanical
Engineer (On-
demand)
50
10
i.
15
years
of
experience:
10
points
ii.
Every additional 2
years
of
experience above
15 years: 5 points
i.
For each similar
nature of project: 5
points(maximum
10 points)
ii.
Specialization in
HVAC: 5 points
each(Maximum 10
Points)
iii.
Specialization in
Firefighting
equipment:
5
points
10.
Contract &
Procurement
Expert
80
15
i.
15 years of
experience: 10
points
ii.
Every
additional 2
years of
i.
For each
similar nature
of project: 5
points(maximu
m 30 points)
ii.
For each
W/23/2025-PMD
I/3664181/2026
experience
above 15
years: 5
points(Maximu
m 10 points)
iii.
5 years of
experience in
healthcare out
of total
experience: 5
points
health care
project
additional
points of 5
points(Maximu
m 10 Points)
11.
Healthcare
Planning
Expert (On-
demand)
50
10
i.
15
years
of
experience:
10
points
ii.
Every additional 2
years
of
experience above
15 years: 5 points
i.
Planning//
functional design
of
hospitals,
medical colleges:
5 points for each
project(maximum-
25 points)
12.
Senior
Estimator / QS
Expert
50
10
i.
12
years
of
experience:
10
points
ii.
Every additional 2
years
of
experience above
15 years: 5 points
i.
For each similar
nature of project
costing more than
Rs.100 Cr: 5 points
(maximum
20
points)
ii.
Certification
in
Quantity surveyor:
05 points
13.
Senior Finance
Expert
80
15
i.
15
years
of
experience:
20
points
ii.
Every additional 2
years
of
experience above
15 years:5 points
i.
For working with
govt./autonomous/
PSUs for 1-3
years: 15 points
ii.
For working with
govt./autonomous/
PSUs for 4-5
years: 25 points
iii.
For working with
govt./autonomous/
PSUs for 6-8
years: 40 points
14.
Environmental
Expert (On-
demand)
50
10
i.
12
years
of
experience:
10
points
ii.
Every additional 2
years
of
experience above
15 years: 5 points
i.
For each similar
nature of project: 5
points(maximum
15marks)
ii.
For each health
care
project
additional points of
5 points(maximum
10 Points)
Total points
1000
It shall be converted to the marks out of 50
3.3Firms experience:
S.No
Essential
Max
Mark
Criteria
Experience in similar
works during last Ten
years:
Projects
successfully completed
20
Cost of service done
Marks
Maximum
marks: 20
> Rs.39,01,64,640.00
20
W/23/2025-PMD
I/3664181/2026
1
or
substantially
completed
Note: The evaluation of
bidders’
experience
under this clause is
based on the cost of
services executed for
each eligible projects
completed
or
substantially completed
in the last ten years.
Rs.29,26,23,480.00 to
Rs.39,01,64,640.00
16
Rs. 19,50,82,320.00 to
Rs.29,26,23,480.00
12
Rs.14,63,11,740.00 to
Rs.19,50,82,320.00
6
Rs.9,75,41,160.00 to
Rs.14,63,11,740.00
4
The bidder is to attach the details as
attachment Form-C certified by
Authorized Signatory of bidder.
2
Relevant experience in
completing the similar
work
for
Medical
Colleges or Hospitals,
involving either hospital
or medical colleges
during last Ten years
15
i.
Each hospital project (<200 beds)- 3
marks
ii. Each hospital project (≥200 beds)- 4
marks
iii. Each medical college project– 5
marks
Maximum marks are 15 marks
The bidder is to attach the details as per
form-C-1 with supporting documents
certified by Authorized Signatory.
Total marks
35
W/23/2025-PMD
I/3664181/2026
APPENDIX-2
S.No
.
Designation
of
technical staff
Key or non-
key
professiona
l
Qualification
Nos
.
Location: At ESIC Hqrs, New Delhi
1
Team Leader
Key
Graduate in civil engineering
and Post Graduate in
business
management/
project
management/
construction
management
with atleast 20 years of
experience
in
project/construction
management out of which 5
years shall be in healthcare
sector.
He/She should have worked
as Team Leader for atleast 2
similar nature of projects.
Experience with scheduling
software e.g. Primavera P6/
MS projects etc and
Familiar with web - based
tools
Experience with Program
Management documentation
standards for schedules.
1
2
Deputy
team
Leader
Key
Graduate in civil engineering
and Post Graduate in
business
management/
project
management/
construction
management
with atleast 12 years of
experience
in
project/construction
management.
Experience with scheduling
software e.g. Primavera P6/
MS projects etc and
Familiar with web - based
tools
Experience with Program
Management documentation
standards for schedules.
4
3
Senior Architect
Key
Graduate in Architecture with
minimum 15 years of
1
W/23/2025-PMD
I/3664181/2026
experience out of which 5-
year experience in healthcare
projects
4
Senior
Civil
Engineering Expert
Key
Graduate Engineer in civil
engineering with atleast 15
years’
experience
in
construction industry
1
5
Senior
Electrical
Engineering expert
Key
Graduate
Engineer
in
electrical engineering with
atleast 15 years’ experience in
construction
industry
especially in electrical/MEP
1
6
Senior Mechanical
Engineering expert
on-demand
basis
Graduate
Engineer
in
Mechanical engineering with
atleast 15 years’ experience in
construction
industry
especially in MEP such as
HVAC, firefighting, pumps etc.
1
7
Contract
cum
Procurement Expert
Key
Graduate engineer/MBA/Post
graduation in construction
management with atleast 15
years of experience in
procurement
of
works/services,
EPC
contracts/Contract
management,
resolving
contractual issues etc
1
8
Healthcare
Planning expert
On- demand
basis
Post-Graduate
Diploma/Master’s in Hospital
Administration / Public Health
having
15
years
of
experience,
including
planning/functional design of
hospitals, medical colleges,
OTs, ICUs, CSSD, and
diagnostic facilities
1
9
Senior Estimate /
QS Expert
Key
Graduate
engineer
in
civil/electrical engineering with
minimum 12 years of
experience in preparation of
estimates in construction
projects
and
Quantity
surveyor in construction
industry
1
10
Senior
Finance
Expert
Key
Chartered Accountant (CA)/
Certified
Management
Accountant
(CMA
from
1
W/23/2025-PMD
I/3664181/2026
ICWAI)/MBA (Finance) from a
recognized institution with
minimum 12 years of
professional experience in
project finance, fund flow
management/financial
oversight
of
large-scale
infrastructure projects
Familiarity with statutory audit
requirements,
financial
documentation standards
Proficiency
in
financial
modeling tools, ERP systems,
and MS Excel for project
monitoring.
11
Law expert
Non-key
A Law graduate (LLB) from a
recognized university with 10
years
of
professional
experience in legal advisory
roles, especially handling
contract-related issues in
government or institutional
construction projects
1
12
Structural Engineer
Non-Key
Post graduate in structural
engineering with 5 years of
experience
1
13
Deputy Architect
Non-Key
Graduate in Architecture with
minimum 05 years of
experience
1
14
Deputy Estimate /
QS Expert
Non-Key
Graduate
engineer
in
civil/electrical engineering with
minimum 5
years of
experience in preparation of
estimates in construction
projects
and
Quantity
surveyor in construction
industry
1
15
Deputy
civil
engineer
Non-key
Graduate Engineer in civil
engineering with atleast 10
years’
experience
in
construction industry
1
16
Deputy
electrical
engineer
Non-key
Graduate
Engineer
in
electrical engineering with
atleast 10 years’ experience in
construction
industry
especially in electrical/MEP
1
17
Deputy
Non-key
Graduate engineer/MBA/Post
1
W/23/2025-PMD
I/3664181/2026
procurement expert
graduation in construction
management with atleast 08
years of experience in
procurement
of
works/services,
Contract
management, EPC contracts
etc
18
Technical
assistant/Supportin
g staff for each
trade
Non-key
Graduate Engineer with
atleast 2 years of experience
from
any
recognized
university.
5
19
Environmental
Expert
On- demand
basis
Graduate in Environmental
Engineering/Post graduate in
Environmental Engineering/
Post
graduate
in
Environmental Science with
minimum 12 years of
experience in environmental
compliance for infrastructure
projects.
Certification/training
in
Environmental
Impact
Assessment (EIA), Biomedical
Waste Management, or Green
Building Standards (e.g.,
GRIHA/LEED) is preferable.
1
Note: Rate of recovery for non-fulfilling of requirement is 20% of remuneration
quoted by the PIU per month per person, calculated on a pro-rata basis
considering 30 days per month for the number of days of shortfall.
W/23/2025-PMD
I/3664181/2026
APPENDIX-3
Financial Bid
S.no.
Position
Qty. Monthly Rate
per resource
(Excl.of GST in
INR
Month
s
Total
(exclusive
GST) in INR
1.
Team Leader
1
36
2.
Deputy team Leader
4
36
3.
Senior Architect
1
36
4.
Senior Civil Engineering Expert
1
36
5.
Senior Electrical Engineering
expert
1
36
6.
Senior Mechanical Engineering
expert
1
15
7.
Contract cum Procurement Expert
1
8.
Healthcare Planning expert
1
15
9.
Senior Estimate / QS Expert
1
36
10.
Senior Finance Expert
1
36
11.
Law expert
1
36
12.
Structural Engineer
1
36
13.
Deputy Architect
1
36
14.
Deputy Estimate / QS Expert
1
36
15.
Deputy civil engineer
1
36
16.
Deputy electrical engineer
1
36
17.
Deputy procurement expert
1
36
18.
Technical assistant/Supporting
staff for each trade
5
36
19.
Environmental Expert
1
15
Total (exclusive GST)
Note:
1. The bidders should submit the price bid online only.
2. The bidders should upload the signed schedule of quantities along with other
documents.
3. The rates quoted by bidder shall be inclusive of all but excluding GST and
nothing extra shall be payable except outlined in bid document. The GST shall be
payable as per actual.
Authorized Signatory
Seal of the Company
Name, Designation & Address
W/23/2025-PMD
I/3664181/2026
36
APPENDIX-4
Form-C
DETAILS OF ELIGIBLE SIMILAR NATURE OF WORKS COMPLETED/SUBSTANTIALLY COMPLETED DURING THE LAST TEN
YEARS ENDING PREVIOUS DAY OF LAST DATE OF SUBMISSION OF TENDERS
S.No.
Name
of the
work
and
locatio
n
Name
of
Organization
Along with
contact
details
Short
description
of work
Cost of
work in
Rs.
(Cr.)
#
Date of Start of
Work/ Project
Date
of
Completion
of
Work/
Project
Stipulated date of
completion
Bonus/
Liquidated
damages
if
any
imposed
Litigation/
Arbitratio
n cases
pending
with
details*
Name and
contact
details of
concerned
officer of
the org.
Remarks
Stipulated
Actual
Stipulated
Actual
NOTE:
1. (*): Including gross amount claimed and amount awarded by the Arbitrator
2. Work / Project means similar work as mentioned in tender document. The list of works/ project mentioned should be substantiated
with documentary evidence such as work orders or contract agreement or completion certificates from the owner/ client.
3. Completion certificate/Performance certificate from client (not below the rank of Executive Engineer/Project Manager) shall be
submitted in support of claim of completion.
4. The following documents are to be enclosed for each of the above work:
i.
Completion Certificate from appropriate Authority of Client Organization mentioning value of work completed.
ii.
Performance certificate from appropriate Authority of Client Organization mentioning value of substantially
completed work
iii.
Copy of Award Letters
iv.
Other Relevant Documentary evidence, (if any) to substantiate the Credentials of bidder
Date:
Signature of the Authorized Signatory
Name & Designation with Stamp
Page 22 of 33
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Form C-1
DETAILS
OF
ELIGIBLE
SIMILAR
NATURE
OF
WORKS
COMPLETED/SUBSTANTIALLY COMPLETED FOR CLAIMING NUMBER OF NO. OF
ORGANIZATION, NOS. OF EXPERINCE
S.
No
.
Nam
e of
the
work
and
locati
on
Nam
e of
Org
Cost
of
work
in of
Rs.
(Cr.)
Dat
e of
Star
t
Date of
completi
on
Year
of
execut
ion of
servic
e
Name
and
contact
details
of
concer
ned
officer
of the
org.
Brief
of
servic
es
Completion
certificate/
Performance
certificate
attached
NOTE:
1. Work / Project means similar work as mentioned in tender document. The list of
works/ project mentioned should be substantiated with documentary evidence such
as work orders or contract agreement or completion certificates from the owner/
client.
2. Completion certificate/Performance certificate from client (not below the rank of
Executive Engineer/Project Manager) shall be submitted in support of claim of
completion.
3. The following documents are to be enclosed for each of the above work:
i.
Completion Certificate from appropriate Authority of Client Organization
mentioning value of work completed.
ii.
Performance certificate from appropriate Authority of Client
Organization mentioning value of substantially completed work
iii.
Copy of Award Letters
iv.
Other Relevant Documentary evidence, (if any) to substantiate the
Credentials of bidder
Date:
Signature of the Authorized
Signatory
Name & Designation with
Stamp
Page 23 of 33
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I/3664181/2026
FORM-C2
PERFORMANCE REPORT OF WORKS REFERRED TO IN FORMS “C” & “C1”
(Use a separate form for each contract)
1. Name of work /project & location
2. Agreement no.
3. Estimated Cost
4. Agreement Amount
5. Date of start
i. Stipulated date start
ii. Actual date of start
6. Date of completion
i. Stipulated date of completion
ii. Actual date of completion
7. Amount of compensation levied for delayed completion, if any
8. Amount of reduced rate items, if any
9. Performance report
i. Quality of consultancy service
Very
Good/Good/Fair/Poor
ii. Financial soundness
Very
Good/Good/Fair/Poor
iii. Technical Proficiency
Very
Good/Good/Fair/Poor
iv. Resourcefulness
Very
Good/Good/Fair/Poor
v. General Behavior
Very
Good/Good/Fair/Poor
Date:
Sign of Executive Engineer or Equivalent
Name :_______________
E-mail ID: ____________
Mob. No. :____________
Page 24 of 33
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APPENDIX-5
The Project Implementation Unit shall deploy personnel as tabulated under and
who shall discharge their respective responsibilities in accordance with the
position and expertise and will operate under ESIC and hence will be liable to
report to ESIC only for efficient monitoring of project:
S.No
.
Designation
of technical
staff
Qualification
Nos.
Recovery
for
non-
deploymen
t
of
manpower
1
Team Leader
Graduate in civil engineering and
Post Graduate in business
management/ project management/
construction management with
atleast 20 years of experience in
project/construction management
out of which 5 years shall be in
healthcare sector.
He/She should have worked as
Team Leader for atleast 2 similar
nature of projects.
Experience with scheduling software
e.g. Primavera P6/ MS projects etc
and
Familiar with web - based tools
Experience
with
Program
Management
documentation
standards for schedules.
1
20%
of
remuneratio
n quoted by
the PIU per
month per
person,
calculated
on a pro-
rata basis
considering
30 days per
month for
the number
of days of
shortfall.
2
Deputy team
Leader
Graduate in civil engineering and
Post Graduate in business
management/ project management/
construction management with
atleast 12 years of experience in
project/construction management.
Experience with scheduling software
e.g. Primavera P6/ MS projects etc
and
Familiar with web - based tools
Experience
with
Program
Management
documentation
standards for schedules.
4
3
Senior
Graduate in Architecture with
1
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Architect
minimum 15 years of experience out
of which 5-year experience in
healthcare projects
4
Senior Civil
Engineering
Expert
Graduate Engineer in civil
engineering with atleast 15 years’
experience in construction industry
1
5
Senior
Electrical
Engineering
expert
Graduate Engineer in electrical
engineering with atleast 15 years’
experience in construction industry
especially in electrical/MEP
1
6
Senior
Mechanical
Engineering
expert
Graduate Engineer in Mechanical
engineering with atleast 15 years’
experience in construction industry
especially in MEP such as HVAC,
firefighting, pumps etc.
1
(on-
dem
and
basis
)
7
Contract cum
Procurement
Expert
Graduate
engineer/MBA/Post
graduation
in
construction
management with atleast 15 years
of experience in procurement of
works/services,
EPC
contracts/Contract
management,
resolving contractual issues etc
1
8
Healthcare
Planning
expert
Post-Graduate Diploma/Master’s in
Hospital Administration / Public
Health having 15 years of
experience,
including
planning/functional
design
of
hospitals, medical colleges, OTs,
ICUs, CSSD, and diagnostic
facilities
1
(on-
dem
and
basis
)
9
Senior
Estimate / QS
Expert
Graduate engineer in civil/electrical
engineering with minimum 12 years
of experience in preparation of
estimates in construction projects
and
Quantity
surveyor
in
construction industry
1
10
Senior
Finance
Expert
Chartered
Accountant
(CA)/
Certified Management Accountant
(CMA from ICWAI)/MBA (Finance)
from a recognized institution with
minimum 12 years of professional
experience in project finance, fund
1
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flow management/financial oversight
of large-scale infrastructure projects
Familiarity with statutory audit
requirements,
financial
documentation standards
Proficiency in financial modeling
tools, ERP systems, and MS Excel
for project monitoring.
11
Law expert
A Law graduate (LLB) from a
recognized university with 10 years
of professional experience in legal
advisory roles, especially handling
contract-related
issues
in
government
or
institutional
construction projects
1
12
Structural
Engineer
Post graduate in structural
engineering with 5 years of
experience
1
13
Deputy
Architect
Graduate in Architecture with
minimum 05 years of experience
1
14
Deputy
Estimate / QS
Expert
Graduate engineer in civil/electrical
engineering with minimum 5 years
of experience in preparation of
estimates in construction projects
and
Quantity
surveyor
in
construction industry
1
15
Deputy civil
engineer
Graduate Engineer in civil
engineering with atleast 10 years’
experience in construction industry
1
16
Deputy
electrical
engineer
Graduate Engineer in electrical
engineering with atleast 10 years’
experience in construction industry
especially in electrical/MEP
1
17
Deputy
procurement
expert
Graduate
engineer/MBA/Post
graduation
in
construction
management with atleast 08 years
of experience in procurement of
works/services,
Contract
management, EPC contracts etc
1
18
Technical
assistant/Sup
porting staff
for each trade
Graduate Engineer with atleast 2
years of experience from any
recognized university.
5
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W/23/2025-PMD
I/3664181/2026
19
Environmental
Expert
Graduate
in
Environmental
Engineering/Post
graduate
in
Environmental Engineering/ Post
graduate in Environmental Science
with minimum 12 years of
experience
in
environmental
compliance
for
infrastructure
projects.
Certification/training
in
Environmental Impact Assessment
(EIA),
Biomedical
Waste
Management, or Green Building
Standards (e.g., GRIHA/LEED) is
preferable.
1
(on
dem
and
basis
)
Page 28 of 33
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Annexure 3
S.
No.
Projects
PMC
Agency
Ongoing Projects
1.
100 Bedded ESI Hospital at Doddaballapur, Karnataka
UPRNN
L
2.
Construction of 100 Bedded ESI Hospital at Sriperumbudur,
Tamil nadu
CPWD
3.
100 bedded ESIC hospital at Haldia, West Bengal
UPRNN
L
4.
100 Bedded ESI hospital at Ompura, Jammu & Kashmir
CPWD
5.
100 bedded ESIC hospital Siliguri, West Bengal.
HSCC
6.
Construction 100 bedded ESI Hospital Tuticorin, Tamilnadu
CPWD
7.
100 Bedded Hospital at Bahadurgarh, Haryana
CPWD
8.
100 Bedded Hospital at Bawal, Haryana
CPWD
9.
300 bedded (including 50 beds SST) Hospital at Haridwar,
Uttarakhand
CPWD
10. Construction of 350 bed+50 SST beds ESIC Hospital at
Sheelanagar, Vishakhapatnam, Andhra Pradesh
CPWD
11. 100 Bedded ESI Hospital at Shivamogga,Karnataka
CPWD
12. Construction of 100 beds ESIC Hospital at Vizianagram,
Andhra Pradesh
MECON
13. Construction of 200 Bedded ESIC Hospital at Butibori, Nagpur,
Maharashtra
UPRNN
L
14. 30 Bedded ESI Hospital at Atchutapuram, Andhra Pradesh
CPWD
15. Construction of 100 bedded ESIC Hospital at Pithampur,
Madhya Pradesh
CPWD
16. Construction of 30 bedded (Upgradable to 100 bed) ESI
Hospital at Shahjahanpur, Uttar Pradesh
CPWD
17. Construction of A&E work for 100 bedded ESIC Hospital at
Bareilly, Uttar Pradesh
CPWD
18. Construction of 200 bed ESI Hospital at Bommasandra,
Karnataka
CPWD
19. 350 Bedded (Upgradable to 500 beds) ESI Hospital at Sanand,
CPWD
Page 29 of 33
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Gujarat
20. 100 bedded ESI Hospital at Harohalli, Karnataka
CPWD
21. Construction of ESI 100 bedded Hospital at Meerut, Uttar
Pradesh
CPWD
22. 100 bedded ESI Hospital at Narsarpura, Karnataka
CPWD
23. Construction of 100 Bedded ESI Hospital at Duburi, Odisha
CPWD
24. 100 Bedded ESI Hospital at Rajamahendravaram, Andhra
Pradesh
CPWD
25. C/o OPD Block with additional 200 beds to existing ESIC
Hospital at Sanath Nagar, Telangana
CPWD
26. 300 bedded upgradable to 500 bedded ESI Hospital at Indore,
Madhya Pradesh
CPWD
27. Construction of 200 bedded (Up-gradable to 300 bedded) ESI
Hospital at Surat Gujarat
MECON
28. ESI Hospital from 50 beds to 100 beds at Davangere,
Karnataka
CPWD
29. Construction of 100 Bedded Hospital and 32 nos. Residential
quarters including ESI Branch Office at Ulhasnagar, Mumbai,
Maharashtra
CPWD
30. 200 bedded ESI Hospital at Ranchi, Jharkhand
UPRNN
L
31. 200 bedded ESI Hospital, Beltola, Assam
CPWD
32. Upgradation and Extension of ESIC Hospital at Andheri,
Mumbai, Maharashtra (Contract – I) and Upgradation and
Extension of ESIC Hospital at Andheri, Mumbai, Maharashtra
(Contract – II )
NBCC
33. Construction of 100 to 150 bed ESI Hospital at Asansol, West
Bengal
--
34. Repair and Renovation work of 100 bedded existing ESIC
Hospital & Staff Quarters at Kolhapur, Maharashtra
CPWD
35. Construction of 200 Bedded (Upgradable to 500 Bedded
including 50 beds of SST) ESIC Hospital at Bibewadi, Pune,
Maharashtra
CPWD
36. Demolition, Construction and upgradation of ESI Hospital,
Kalol, Gujarat from 50 beds to 150 beds.
CPWD
37. Up-gradation of existing ESI Hospital, Hubli, Karnataka
(from 50 beds to 100 beds)
CPWD
38. 100 bedded ESI Hospital at Tinsukia, Assam
CPWD
Page 30 of 33
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39. 04 Doctor ESIC Dispensary Cum Branch Office at Gaya, Bihar
CPWD
40. Dispensary cum Diagnostic Centre and Office for ESIC at
Mayur Vihar, Phase – I, Delhi
CPWD
41. Construction of 5 Doctor Dispensary at Kundaim, Goa
CPWD
42. Construction of 2 nos. of Doctor Dispensary and Branch Office
at Surendranagar, Gujarat.
CPWD
43. Construction of 05 Doctor Dispensary and Branch office for ESI
Health care at Panchkula, Haryana
CPWD
44. 3 Doctor Dispensary at Sector 38, Phase-II, Industrial Estate
Rai, Haryana
CPWD
45. 3 Doctor dispensary at Institutional Plot No. ESIC Dispensary
(ED-1), Phase-1, Industrial Estate Barhi, Haryana
CPWD
46. Construction of ESIC Branch Office at Aluva (Alwaye), Kerala
CPWD
47. 05 Doctor Dispensary at Chakkorathukulam, Kozhikode, Kerala
CPWD
48. Construction of 228 Nos. Type-III Staff Quarters at D. N. Nagar,
Andheri, Mumbai, Maharashtra
CPWD
49. Construction of 03 Doctor Dispensary and Branch office at
Bharatpur, Rajasthan
CPWD
50. Construction 03 Doctor Dispensary at Bhawani Mandi,
Rajasthan
CPWD
51. Construction of 05 Doctor dispensary cum branch office at
Udyog Nagar, Kota, Rajasthan
CPWD
52. 05 Doctor Dispensary & Branch Office at Sector - 22 Noida,
Uttar Pradesh
CPWD
53. 02 Doctor ESIC Dispensary at Nunhai, Agra, Uttar Pradesh
CPWD
54. Construction of Regional Office and Staff Quarter at Raipur.
CPWD
Tendering stage by PMC
1.
ESIC 50 bedded Ayush & 30 bedded Allopathy Hospital, Narela
(Delhi)
CPWD
2.
Construction of 100 Bedded ESIC Hospital at Garshyamnagar,
West Bengal.
CPWD
3.
05 Doctor dispensary at PLOT No. 29 B, Sector – 3, IMT
Manesar, Gurugram
CPWD
4.
Construction of 2 Doctor Dispensary at Enathu, Kerala
CPWD
5.
05 Doctor Dispensary & Branch Office at Phase-II, Noida
Sector-80, U.P
CPWD
6.
Completion of Pending works at Existing Auditorium including
Acoustics wall paneling, Flooring, False ceiling work, providing
internal installations, sound system and air conditioning system
of ESIH & Medical College Joka * etc., W.B
CPWD
In Estimation Stage
1.
Construction of 150 Beds [100+50 Beds (SST)] ESIC Hospital
CPWD
Page 31 of 33
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at, Khurda, Bhubaneshwar, Odisha
2.
Construction of 30 bedded upgradable up to 100 bedded ESIC
Hospital at Chittorgarh Rajasthan.
CPWD
3.
Vertical extension of ESIC super Specialty Hospital at
Asramam, Kerela
CPWD
4.
Demolition and reconstruction of 110 bed ESI Hospital at
Gunadala, Vijayawada *, AP
CPWD
5.
Construction od 100 Bedded ESI Hospital, 32 Nos staff qtrs.,
RDD office, SRO at Ernakulam, Kerala
CPWD
6.
Construction of 5 Doctor Dispensary and Branch Office with the
T.O.R facilities at Mapusa
CPWD
7.
Construction of 60 Staff Quarters for Regional Office, Baddi
CPWD
8.
Construction of 500 Bedded ESI Hospital at Manesar,
Gurugram, Haryana.
HSCC
In Concept Plan stage
1.
Construction of Dental college ( New Building ) in campus of
ESIC Hospital & PGIMSR Basaidarapur
--
2.
Construction of Nuclear Medicine & Radiation Oncology Block
in the Campus of Medical College & Hospital, K. K. Nagar,
Chennai.
RITES
3.
Construction of additional 500 beds (650 to 1150) Hospital in
the Campus of ESIC Medical College & Hospital, Faridabad.
HSCC
4.
Construction of 100 beds ESIC Hospital at Bellary.
CPWD
5.
ESI Hospital, Madurai *
CPWD
6.
Demolition of 332 Sta Qtr and redeveloping i.e, 250 bedded
ff
hospital , Indoor & Outdoor sport facility, Hostel for students,
auditorium ESIC Medical College Campus, Sanathnagar
Telangana.
CPWD
Work is yet to be assigned
1.
Udupi, Karnataka, 100 beds
Yet to be
assigned
2.
Idukki, Kerala, 100 beds
3.
Rohtak, Haryana, 100 beds
4.
Ladakh, Leh, 30 beds
5.
Rajpura, Punjab, 30 E 100
6.
Agartala, Tripura, 100 beds
7.
Ramagundam, Telangana, 100 beds
8.
North Goa, 150 beds
9.
Jharsuguda, Odisha, 100 beds
10. Mamring, Rangpo, Sikkim, 100 beds
11. Belgavi, Karnataka, 100 beds
Page 32 of 33
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12. Rourkela, Odisha, 75 U 150
13. Focal Point Ludhiana, Punjab
14. Construction of New Medical Colleges- 20 nos. across the
country.
Yet to be
assigned
Note:
1. There are various numbers of project that are in land acquisition stages or
land proposal is yet to be received.
2. The list is not exhaustive. Please refer tender documents clauses.
Page 33 of 33
W/23/2025-PMD
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File No. W/23/2025-PMDW/23/2025-PMD Date: 06.03.2026
“Engagement of Project Implementation Unit for Construction Project of ESIC.”
BID No.: GEM/2025/8/7176682
REPLIES TO BID QUERIES OF THE BIDDER
S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
1.
Page No. 05&
NIT terms
ESIC invites online item rate bids in
two bid system through e-tendering
mode from eligible Bidders /Firms
(Registered firm with name of all
partners should be shown in the
registration of firms and similarly,
for
registered
companies)
anywhere in the Country.
Requesting you to allow Joint Venture/ Consortium (including
foreign firm) for wider participation and amend the clause as
follows:
eligible Bidders /Firms (Registered firm with name of all
partners should be shown in the registration of firms and
similarly, for registered companies) anywhere in the Country
(India/ Outside India). For your kind consideration and
confirmation.
JV/consortium has been
allowed. Please refer to the
addendum
2.
Page No. 09,
Section – 1 A.
General
instruction
to
Tenderers/
Bidders, Clause
no. 1.4
Joint-Venture / consortium of
firms/companies and foreign bidders
are not eligible to quote for the tender
As we know that allowing Joint Venture/ Consortium participation
enables the combination of complementary technical strengths,
relevant experience, and financial capabilities and ensures value-
for-money procurement through competitive pricing. It also supports
technology transfer, capacity building, and adoption of international
best practices, particularly where specialized or advanced
technologies are involved. Such arrangements also facilitate
effective execution and reducing performance risks for the Client.
So, we requesting you to allow Joint Venture/ Consortium (including
foreign firm) for wider participation. For your kind consideration and
confirmation.
JV/consortium has been
allowed. Please refer to the
addendum
3.
Page No. 09,
Section – 1 A.
General
instruction
to
Tenderers/
Bidders, Clause
Joint-Venture / consortium of
firms/companies and foreign bidders
are not eligible to quote for the tender
1- Joint-Venture / consortium firms/ foreign bidders are not eligible
2- Participation of an Indian registered firm, including a wholly
owned subsidiary, is permitted, and such firms may utilize the
technical and financial credentials of their foreign parent company
to meet the eligibility and evaluation criteria, subject to submission
of the required supporting documents. Allowing such entities would
JV/consortium has been
allowed. Please refer to the
addendum
Page 1 of 30
W/23/2025-PMD
I/3664241/2026
S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
no. 1.4
enhance competition, enable access to broader technical expertise
and financial capacity, and support successful project delivery in
line with international best practices.
4.
Page no. 09,
Section
A.
General
instruction
to
Tenderers/
Bidders, clause 1)
Introduction
1.2. A registered Company or Firm
with experience and expertise with
delivering the similar nature of service
in Central Government or State
Government
Public
Sector
Undertakings (PSU) / Central
Government or State Government
Departments
or
Organizations
(PWD/PWO)/ Central Government or
State Government Public Sector
Enterprises (PSE)/Private Companies
i.e., providing Program Management
Consultancy (PMC) services for
monitoring of Construction of Hospital
Buildings / Medical Institute /
Dispensary
/
Office
Buildings/Commercial Buildings etc..
We request the authority to allow the subsidiary or group company
to use credentials of the group/ parent/ sister companies -
projects/ financial credentials - wherein the parent has a
minimum holding of 99% in the subsidiary/group company and vice
versa.
MNCs registered in India act as local representatives of their
foreign counterparts to ensure a better delivery mechanism.
Please refer to addendum
regarding JV/consortium
5.
-
General Query/ Clarification
Requesting you to also allow Parent Company’s credentials/
experience, this would ensure and enhanced technical capability,
risk mitigation, and successful execution of the project of bidders in
line with the Client’s objectives. For your kind consideration and
confirmation.
Please refer to addendum
regarding JV/consortium
6.
Page no 34,
Section-2
Qualıfyıng
Crıterıa, Clause A
The bidder who fulfills the following
requirements shall be eligible to
apply. Joint ventures are not
accepted.
Requesting you to allow Joint Venture/ Consortium (including
foreign firm) for wider participation. For your kind consideration and
confirmation.
Please refer to addendum
regarding JV/consortium
7.
Page
no.34,
SECTION-2
QUALIFYING
CRITERIA, A
Joint ventures are not accepted.
It is requested to kindly permit participation through a Joint
Venture (JV) arrangement. Allowing JVs will enable pooling of
technical expertise, financial strength, and relevant experience,
thereby enhancing overall competition and ensuring successful
execution of the project.
Please refer to addendum
regarding JV/consortium
8.
Page
no.34,
SECTION-2
QUALIFYING
CRITERIA - A (i)
The bidder should have registered
Company or Firm with experience
and expertise with delivering the
similar nature of service in Central
Government or State Government
Public Sector Undertakings (PSU) /
It is requested to kindly broaden the eligibility criteria to also
include experience in general Project Management Unit (PMU)
assignments of similar scale and complexity. PMU projects involve
comparable expertise in planning, coordination, monitoring and
execution, and therefore demonstrate the necessary capability to
successfully deliver the scope of work under this RFP.
Please refer to the
addendum
Page 2 of 30
W/23/2025-PMD
I/3664241/2026
S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
Central Government or State
Government
Departments
or
Organizations(PWD/PWO)/ Central
Government or State Government
Public
Sector
Enterprises
(PSE)/Private
Companies
i.e.,
providing Program Management
Consultancy (PMC) services for
monitoring of Construction of Hospital
Buildings / Medical Institute /
Dispensary
/
Office
Buildings/Commercial Buildings etc
9.
Page
no.34,
SECTION-2
QUALIFYING
CRITERIA - A (ii)
Works Experience: The Bidder should
have satisfactorily completed similar
works during the last Seven years
ending previous day of last date of
submission
of
tenders
for
Central/State Government /Central
Autonomous Body /Central Public
Sector undertaking/City Development
Authority/Municipal Corporation of
city/ others. This should be certified
by an officer not below the rank of
Executive Engineer/Project Manager
or equivalent:
a. Three similar works each costing
not less than the amount equal to
Rs.9,75,41,160, OR
b. Two similar works each costing not
less than the amount equal to
Rs.14,63,11,740, OR
c. One similar work costing not less
than the amount equal to
Rs.19,50,82,320.
It is requested to kindly consider the duration/tenure (continuous
2-3 years and/or back to back extensions) of completed PMU
assignments as an alternative eligibility criterion, instead of
linking qualification solely to the project cost or fee value. The
scope and complexity of PMU services are more accurately
reflected by the length and continuity of engagement, which
demonstrate project oversight, coordination capability and
performance.
The query has been
examined but not acceded
to.
10.
Page
20,
SECTION-
1
Instructions
to
Site Location: The proposed site of
work is at ESIC Hqrs, Delhi.
However, the bidder is liable to serve
The tender states that the PIU must serve “at All India Level” while
the primary site is ESIC Hqrs, Delhi. We request clarification on
what “All India Level” specifically includes—i.e., whether it covers
The engagement requires
to other sites/offices of
ESIC and travel expenses
Page 3 of 30
W/23/2025-PMD
I/3664241/2026
S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
Bidders/tenderers
, Clause 1.43,
at All India Level.
all ESIC hospitals, medical colleges, regional/sub-regional offices,
dispensaries, and project sites nationwide—so that we can plan
manpower deployment and travel expenditure accurately. Kindly list
out the locations with structural details.
shall be reimbursed as per
actuals at the rates as
mentioned in the document
clause no. 7.22 of Section-
3, Scope of work.
11.
Page
22,
SECTION-
1
Instructions
to
Bidders/tenderers
, Clause 4.1.1
Earnest Money Deposit (EMD) 4.1.1.
Bidders have to deposit the Earnest
Money (EMD) of Rs.48,77,058.00 (In
words in favor of "ESIC Fund A/c
No.1" payable at ESIC Hqrs, CIG
Marg, New Delhi.
For raising EMD, we request ESIC to share the following Bank
details:
Bank Account No.
Bank Name
Bank Address
ISFC code
The EMD shall be
deposited in the favor of
ESIC Fund A/c No.1"
payable at ESIC Hqrs, CIG
Marg, New Delhi.
12.
Page no. 22,
Bidders have to deposit the Earnest
Money (EMD) of Rs.48,77,058.00 (In
words in favor of "ESIC Fund A/c
No.1" payable at ESIC Hqrs, CIG
Marg, New Delhi
As per the General Terms and Conditions on GeM 4.0 (Version
1.1), the Sellers/Service Providers having an annual turnover of
INR 500 Crore or more are exempted from paying the EMD. It is
requested to kindly clarify whether this provision will be applicable
in the present RFP.
Please refer clause 4.1.3 of
Section 1.
13.
Page no 34,
Section-2
Qualıfyıng
Crıterıa, Clause A
Point - i
The bidder should have registered
Company or Firm with experience
and expertise with delivering the
similar nature of service in Central
Government or State Government
Public Sector Undertakings (PSU) /
Central Government or State
Government
Departments
or
Organizations(PWD/ PWO)/ Central
Government or State Government
Public
Sector
Enterprises
(PSE)/Private
Companies
i.e.,
providing Program Management
Consultancy (PMC) services for
monitoring of Construction of Hospital
Buildings / Medical Institute /
Dispensary
/
Office
Buildings/Commercial Buildings etc..
We understand that the domestic/ foreign firms are allowed for
participation. For your consideration and confirmation.
The foreign firms are not
allowed
14.
Page no 34,
Section-2
Qualifying
Criteria,
A. The bidder who fulfills the following
requirements shall be eligible to
apply. Joint ventures are not
accepted. The Minimum qualifying
criteria is as below:
We request the authority to modify the below clause as:
The bidder should have registered Company or Firm with
experience and expertise with delivering the similar nature of
service in Central Government or State Government Public Sector
Undertakings (PSU) / Central Government or State Government
Please refer to the
addendum.
Page 4 of 30
W/23/2025-PMD
I/3664241/2026
S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
i. The bidder should have registered
Company or Firm with experience
and expertise with delivering the
similar nature of service in Central
Government or State Government
Public Sector Undertakings (PSU) /
Central Government or State
Government
Departments
or
Organizations(PWD/PWO)/ Central
Government or State Government
Public
Sector
Enterprises
(PSE)/Private
Companies
i.e.,
providing Program Management
Consultancy (PMC) services for
monitoring of Construction of Hospital
Buildings / Medical Institute /
Dispensary
/
Office
Buildings/Commercial Buildings etc.
Departments or Organizations (PWD/PWO)/ Central Government
or State Government Public Sector Enterprises (PSE)/SPV/Private
Companies i.e.,
providing Program/Project Management
Consultancy (PMC) /PMU /PIU/ PDMC/ Procurement
management services for monitoring of Construction of
Hospital Buildings / Medical Institute / Dispensary / Office
Buildings /Commercial Buildings /Infrastructure projects etc.
15.
Page no 34,
Section-2
Qualifying
Criteria,
A. ii. Works Experience: The Bidder
should have satisfactorily completed
similar works during the last Seven
years ending previous day of last
date of submission of tenders for
Central/State Government /Central
Autonomous Body/Central Public
Sector undertaking/City Development
Authority/Municipal Corporation of
city/ others. This should be certified
by an officer not below the rank of
Executive Engineer/Project Manager
or equivalent:
a. Three similar works each costing
not less than the amount equal to
Rs.9,75,41,160,
OR
b. Two similar works each costing not
less than the amount equal to
Rs.14,63,11,740, OR
We request the authority to modify the below clause as:
ii. Works Experience: The Bidder should have satisfactorily
completed similar works during the last Ten years ending previous
day of last date of submission of tenders for Central/State
Government /Central Autonomous Body/Central Public Sector
undertaking/City Development Authority/Municipal Corporation of
city/ others. This should be certified by an officer not below the rank
of Executive Engineer/Project Manager or equivalent or Statutory
Auditor (SA) / Chartered Accountant (CA) shall certify the fee
received for the respective projects/works/assignments:
a. Three similar works each costing not less than the amount equal
to Rs.9,75,41,160,
OR
b. Two similar works each costing not less than the amount equal
to Rs.14,63,11,740,
OR
c. One similar work costing not less than the amount equal to
Rs.19,50,82,320.
For similar completed works the final cost as mentioned in the
Please refer to the
addendum.
Page 5 of 30
W/23/2025-PMD
I/3664241/2026
S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
c. One similar work costing not less
than the amount equal to
Rs.19,50,82,320.
For similar completed works the final
cost as mentioned in the completion
certificate issued by competent
authority i.e. authorized person of
client
/department
shall
be
considered for determining the
costing as mentioned above for
evaluating the qualifying criteria
completion certificate issued by competent authority i.e. authorized
person of client/department shall be considered for determining the
costing as mentioned above for evaluating the qualifying criteria.
16.
Page no 34,
Section-2
Qualifying
Criteria,
A. The bidder who fulfills the following
requirements shall be eligible to
apply. Joint ventures are not
accepted. The Minimum qualifying
criteria is as below:
iv. Annual Turnover: Average annual
financial turnover of bidder from
consultancy services should not be
less than Rs.7,31,55,870/- during the
immediate last 3 (Three) consecutive
financial years ending on 31st March
2025. This should be duly certified by
Chartered Accountant (Scanned copy
of Certificate from CA with Unique
Document Identification Number
(UDIN) to be uploaded) along with
audited Balance Sheets and Profit &
Loss account. The value of annual
turnover figures shall be brought to
current value by enhancing the actual
turnover figures at simple rate of 7%
per annum. Year in which no turnover
is shown would also be considered
for working out the average
We request the authority to modify the below clause as:
Kindly increase the average annual turnover of at least INR 100
crores as professional fees in the last three financial years.
This shall enable firms with a proven track record in handling
projects of similar nature and scale. This will encourage reputable
companies to submit high-quality proposals, and provide subject
matter experts with the requisite experience and expertise.
Tender
document
conditions shall prevail.
17.
Page no 34,
Section-2
Qualifying
A. The bidder who fulfills the following
requirements shall be eligible to
apply. Joint ventures are not
Since the nature of work requires specialized experience &
expertise, we request the authority to consider association/ JV
between bidders in order to provide better technical capabilities
JV/consortium has been
allowed. Please refer to the
addendum
Page 6 of 30
W/23/2025-PMD
I/3664241/2026
S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
Criteria,
accepted.
relevant to the assignment and ensure quality delivery without time
or cost overrun.
18.
Page no 34,
Section-2
Qualifying
Criteria, clause ii.
Work experience
Works Experience: The Bidder should
have satisfactorily completed similar
works during the last Seven years
ending previous day of last date of
submission of tenders for Central/
State
Government/
Central
Autonomous Body/ Central Public
Sector undertaking/City Development
Authority/ Municipal Corporation of
city/ others. This should be certified
by an officer not below the rank of
Executive Engineer/ Project Manager
or equivalent:
a. Three similar works each costing
not less than the amount equal to
Rs.9,75,41,160, OR
b. Two similar works each costing not
less than the amount equal to
Rs.14,63,11,740, OR
c. One similar work costing not less
than the amount equal to
Rs.19,50,82,320.
We kindly request that you consider similar works completed during
the last twenty (20) years instead of seven (7) years. Additionally,
we request that you kindly consider projects executed outside
India as well.
Please refer to the
addendum.
19.
Page no 35,
Section-2
Qualifying
Criteria,
1.1. Definition of Similar Works:
The definition of similar works shall
be as under:
Project Management Consultancy
(PMC)
services/Providing
professionals for Advisory or
Consulting services/ monitoring of
construction
projects
like
hospital/residential/Office/
for
monitoring of Construction of Hospital
Buildings / Medical Colleges / Office
We request the authority to modify the below clause as:
Project Management Consultancy (PMC) services/ Program
Management Consultancy(PMC) /Project Management
Unit(PMU)/Project Implementation Unit(PIU)/Project Design &
Management consultancy(PDMC)/Procurement Management/
Providing professionals for Advisory or Consulting services/
monitoring
of
construction
projects
like
hospital/residential/Office/ for monitoring of Construction of
Hospital Buildings / Medical Colleges / Office Buildings/
Institutional/Residential/Commercial buildings/Infrastructure
projects.
Please refer to the
addendum.
Page 7 of 30
W/23/2025-PMD
I/3664241/2026
S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
Buildings/
Institutional/Residential/Commercial
buildings.
20.
Page no 35,
Section-2
Qualifying
Criteria,
3. Performance Evaluation Criteria:
The bidders qualifying the initial
criteria as mentioned above in para 1
of this section shall be evaluated on
QCBS criteria on the basis of details
furnished by them.
For Selection of bidder, Quality cum
Cost Based Selection (QCBC)
method with Technical: Financial
weightage of 70:30 respectively is
adopted. The individual cutoff marks
for technical bid evaluation is 50%,
with overall cut-off of 70% The
bidders qualifying in technical
evaluation, i.e., having minimum 70%
marks shall be eligible for financial
bid evaluation. The marks distribution
is as detailed below: -
We request the authority to modify the below clause as:
For Selection of bidder, Quality cum Cost Based Selection (QCBC)
method with Technical: Financial weightage of 80:20 respectively is
adopted. The individual cutoff marks for technical bid evaluation is
50%, with overall cut-off of 70% The bidders qualifying in technical
evaluation, i.e., having minimum 70% marks shall be eligible for
financial bid evaluation. The marks distribution is as detailed below:
-
Please refer to the
addendum.
Page 8 of 30
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
As the nature of work requires specialized experience &
expertise to execute these works and quality should be the
utmost priority. Approach & Methodology with Technical
Presentation will help the authority to understand the bidders
plan to deliver the project objectives by demonstrating team
expertise, clarifying complex workflows etc.
Hence, we would request the authority to consider QCBS
80:20.
21.
page no 35,
Section-2
Qualıfyıng
Crıterıa, 1.1.
Definition of Similar Works: The
definition of similar works shall be as
under:
Project
Management
Consultancy
(PMC)
services/
Providing professionals for Advisory
or Consulting services/ monitoring of
construction projects like hospital/
residential/ Office/for monitoring of
Construction of Hospital Buildings /
Medical Colleges / Office Buildings/
Institutional/ Residential/ Commercial
buildings.
We requesting you to also consider other infrastructures projects,
mentioned in definition of similar works as well for eligibility and
evaluation for getting marks. i.e. If a consultant having experience
of providing Project Management Consultancy (PMC) services/
Providing professionals for Advisory or Consulting services/
monitoring of construction projects like hospital/ residential/ Office/
for monitoring of Construction of Hospital Buildings / Medical
Colleges / Office Buildings/ Institutional/ Residential/ Commercial
buildings, this will also get consider for evaluation and getting
marks as per marking criteria. For your consideration and
confirmation.
It is to clarify that similar
nature of work shall be
considered for evaluation
until unless specifically
mentioned in the evaluation
criteria.
22.
Page no 36,
Section-2
Qualifying
Criteria,
3.2 Organization Capability
We request a relaxation of the "in-house staff" requirement to
ensure the project benefits from the experienced Subject Matter
Experts available in the market, rather than being limited to a single
firm's on-roll employees. Given the work's specialized nature,
sourcing niche talent allows for a custom-tailored team that
enhances technical quality and innovation.
Please refer to the
addendum.
23.
page no 37,
Section-2
Qualıfyıng
Crıterıa, Clause-
3.2 Organization
Capability
Presence of in-house professionals,
qualified technical staff as key
personnel - 30 marks 1. Team leader
2. Senior Finance Expert 3. Senior
Civil Engineering Expert 4. Senior
Electrical Engineering expert 5.
Contracts/ Procurement Expert 6.
Senior Architect 7. Senior Estimate /
QS Expert 8. Project Coordinator
As per the tender provisions, eight (8) key personnel (in-house) are
required for evaluation and scoring. In this regard, we request that
outsourced experts with relevant qualifications and similar
experience, who are willing to join the project upon award, may be
considered at the bidding stage for evaluation, subject to the
submission of their consent letters and commitment for the project
duration. For your consideration.
Please refer to the
addendum.
24.
page no 37,
Section-2
Qualifying
Criteria, Clause-
3.2 Organization
Presence of in-house professionals,
qualified technical staff as key
personnel - 30 marks
1. Team leader
2. Senior Finance Expert 3. Senior
As per the tender provisions, eight (8) key personnel (inhouse) are
required for evaluation and scoring. In this regard, we request that
outsourced experts with relevant qualifications and similar
experience, who are willing to join the project upon award, may be
considered at the bidding stage for evaluation, subject to the
Please refer to the
addendum.
Page 9 of 30
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
Capability,
Civil Engineering Expert 4. Senior
Electrical Engineering expert 5.
Contracts/ Procurement Expert 6.
Senior Architect 7. Senior Estimate /
QS Expert 8. Project Coordinator
submission of their consent letters and commitment for the project
duration. Kindly consider.
25.
Page no 37,
Section-2
Qualifying
Criteria,
Kindly clarify the number of projects required for full scoring under
this criterion. We understand that the cost of services more than 39
cr is a combined cost fulfilled through multiple projects.
It is to clarify that “The
evaluation of bidders’
experience under this
clause is based on the cost
of services executed for
each eligible projects”
Please refer to addendum
26.
Page no 39,
Section-2
Qualifying
Criteria,
3.3 Past Experience & Performance
of Works:
We request the authority to modify the below clause as:
“Relevant experience in completing the similar work for
Medical Colleges or Hospitals or Infrastructure projects during
last Ten years.
i.Project Capital Cost Rs. 30 Crores or more - 3 marks
ii. Project Capital Cost Rs. 50 Crores or more - 4 marks
iii Project Capital Cost Rs 100 crores or more – 5 marks
Maximum marks is 5 marks
Please refer to addendum
Page 10 of 30
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
27.
Page no 39,
Section-2
Qualifying
Criteria,
3.3 Past Experience & Performance
of Works:
We request the authority to modify the below clause as:
Number of years of experience in PMC/ Consultancy services for
similar works
i. Upto 5 years: 2 marks
ii. 5 - 7 years: 3 marks
iii. 8 - 10 years: 5 marks
Please refer to addendum
28.
Page 39, Section
2- QUALIFYING
CRITERIA,
Clause
3.3,
subclause 1
As per Page 39, Clause 3.3 – Past
Experience, marks are allocated
under “Experience in similar works
during last seven years: Projects
successfully completed – Cost of
service done” based on the value of
completed similar works.
In this regard, we request clarification that The Program
Management Consultancy (PMC) services/ Project Management
Services/ construction supervision / monitoring of construction of
hospital/residential/Office/ for monitoring of Construction of Hospital
Buildings / Medical Colleges / Office Buildings/
Institutional/Residential/Commercial Buildings will be considered for
evaluation in the last of 10 Years and the same shall be considered
for the Prequalification criteria of the bidder
Please refer to the
addendum.
29.
Page 39, Section
2- QUALIFYING
With reference to Clause 3.3 – Past
Experience &
Kindly revise the clause to read as:
• Hospital project (<175 beds) = 3 marks
Please refer to addendum
Page 11 of 30
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Page No &
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Existing Clause
Queries
Draft Reply to pre-bid
query
CRITERIA,
Clause
3.3,
subclause 2
Performance (Page 39 of the tender)
Relevant
experience in completing the similar
work
for Medical Colleges or Hospitals,
involving either
hospital or medical colleges during
last seven years
we request a clarification regarding
the sub-criteria
where maximum 15 marks are
allotted for relevant
experience of hospital and medical
college projects.
As per the tender:
• Hospital project (<200 beds) = 3
marks
• Hospital project (≥200 beds) = 4
marks
• Medical college (<100 seats) = 4
marks
• Medical college (≥100 seats) = 5
marks
• Hospital project (≥175 beds) = 4 marks
OR
• Medical college (<100 seats) = 4 marks
• Medical college (≥100 seats) = 5 marks
We request you to consider Relevant experience in completing the
similar work for Medical Colleges or Hospitals, involving either
hospital or medical colleges during last Ten years instead of seven
years
30.
Page no 39, 3.3
Past Experience
& Performance of
works: Clause 2
Relevant experience in completing
the similar work for Medical Colleges
or Hospitals, involving either hospital
or medical colleges during last seven
years
If a consultant was doing similar projects of having ≥200-300
beds/seats in a single project/ assignment, then it is eligible for
getting full 15 marks. For your confirmation.
Please refer to addendum
31.
Page No. 39,
Section-2
Qualifying
Criteria, Clause -
3.3
Past
Experience
&
Performance of
works:
Experience in similar works during
last
seven
years:
Projects
successfully completed > Rs.
39,01,64,640.00 – 30 Marks Rs.
29,26,23,480.00
to
Rs.
39,01,64,640.00 – 24 Marks Rs.
19,50,82,320.00
to
Rs.
29,26,23,480.00 – 18 Marks Rs.
14,63,11,740.00
to
Rs.
19,50,82,320.00 – 9 Marks Rs.
9,75,41,160.00
to
Rs.
14,63,11,740.00 – 6 Marks
We understand that the Cost of service done, mentioned for scoring
marks, is considered a cumulative cost/ value of completed projects
in seven years. For your clarification.
It is to clarify that “The
evaluation of bidders’
experience under this
clause is based on the cost
of services executed for
each eligible projects”
Please refer to addendum
Page 12 of 30
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
32.
Page No. 39,
Section-2
Qualıfyıng
Crıterıa, Clause -
3.3
Past
Experience
&
Performance of
works:
Experience in similar works during
last
seven
years:
Projects
successfully completed > Rs.
39,01,64,640.00 – 30 Marks Rs.
29,26,23,480.00
to
Rs.
39,01,64,640.00 – 24 Marks Rs.
19,50,82,320.00
to
Rs.
29,26,23,480.00 – 18 Marks Rs.
14,63,11,740.00
to
Rs.
19,50,82,320.00 – 9 Marks Rs.
9,75,41,160.00
to
Rs.
14,63,11,740.00 – 6 Marks
We understand that the Cost of service done, mentioned for scoring
marks, is considered a cumulative value of completed projects in
seven years. Please clarify.
33.
Page 45, Section
3- Scope of work,
Clause 1
The objectives for engaging a Project
Implementation Unit are to ensure
effective project management in
coordination with ESIC and PMC for
the construction/ up-gradation of
ESI’s establishments spread over
large geographical area. It shall
ensure quality development of asset
for long run through monitoring of
construction activities and keeping
strict adherence to schedule timeline
with best value for money to the
ESIC.
We request ESIC to kindly clarify what is the geographical span (in
terms of approximate kilometers, regions, or states) that ESIC
considers under “large geographical area” for PIU deployment and
monitoring
Please refer to the
Annexure -3 published as
part of the addendum.
34.
Page 45, Section
3-Scope of work,
Clause 2.7
The space and furniture for the
establishing the office shall be given
by ESIC, however, desk top
computers, UPS, laptops, printers,
combination copying / scanning /
emailing / fax machines, servers for
all Programme data warehousing
shall be arranged by Project
Implementation Unit. All these
facilities should be established by the
Project
Implementation
Unit
immediately (30 days), at their own
cost.
Considering the significant upfront investment required to procure
and set up these facilities immediately, we kindly request ESIC to
provide a mobilization advance to enable timely establishment of
the required infrastructure and ensure smooth commencement of
services.
This will support operational readiness and help us meet the 30-day
setup requirement without delay.
Tender
document
conditions shall prevail.
35.
Page 46, Section
3-Scope of work,
List of the projects under the scope of
PIU has been annexed at
Annexure-3 is not available in the Tender document, we request
you to kindly share it
Please refer to the
Annexure -3 published as
Page 13 of 30
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
Clause 3
ANNEXURE-3 for reference only. The
list is indicative that may be increased
or decreased as per requirement.
part of the addendum.
36.
Page no. 46,
Section-3 Scope
of Work, Clause
3. Scope of work
for
Project
implementa tion
unit (PIU)
List of the projects under the scope of
PIU has been annexed at
ANNEXURE- 3 for reference only.
The list is indicative that may be
increased or decreased as per
requirement.
Annexure-3 is missing in the RFP document. Therefore, we kindly
request you to share Annexure-3.
Please refer to the
Annexure -3 published as
part of the addendum.
37.
Page no 47,
Section-3 Scope
of Work
Brief Description & Scope of Work
Term of Reference (TOR):
A. Projects executed under
Deposit
works mode
with
PWO/PSUs:
5. PIU will coordinate with PMC to
obtain required drawings, documents,
etc to apply for all necessary
permissions/NOCs
from
local/statutory authorities to start the
work.
We understand that the role of PIU shall be limited to coordination
and assistance to PMC / contractors only. Respective PMCs shall
apply and procure all necessary permissions/NOCs from
local/statutory authorities to start the work.
Yes
38.
Page no 47-48,
Section-3 Scope
of Work
Brief Description & Scope of Work
Term of Reference (TOR):
A. Projects executed under
Deposit
works mode
with
PWO/PSUs:
11. PIU will certify the expenditure
statements for making payment to
PMC,
ensuring
expenditure
statements are duly countersigned by
authorized Accounts Officers and the
Engineer in-charge, not less than the
rank of Executive Engineer/ Project
Manager of PMC. Also, to examine
the expenditure statements submitted
by PMC in line with the work progress
We understand that the role of PIU shall be validation & verification
of the bills/ invoices/ expenditure statements etc raised to ESIC by
the PMC, contractors, TPI’s, vendors, and suppliers. The role will
be limited to validation / verification only and not signing or
certifying the internal Department noting or files.
Tender document is self
explanatory.
Page 14 of 30
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S. No.
Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
at site and milestones defined for the
project and enable ESIC in releasing
funds to PMC as per schedule and
milestones
specified
and
in
accordance with MoU.
12. PIU will certify Final expenditure
statements/adjustment of advances
paid by ESIC to PMC for all Contracts
and other expenditure incurred
related to Project Construction after
the Completion of the Project.
21. PIU will certify Project Completion
Report (PCR) submitted by PMC
within one month of completion of
project, which brings out the Final
Project Completion Cost, Total Time
period taken to complete the Project
and also completed Project
Components as against the approved
Cost, Time and Project Components.
39.
Page 48, Section
3- Scope of work,
Clause A point 20
of TOR
PIU will provide necessary support to
ESIC in coordinating and obtaining
necessary Statutory Approvals /
Permission / Clearances/Certificates
from
the
concerned
State
Governments/ Local Bodies &
Statutory Authorities like municipal
Corporation, Town Planning Board,
Electricity Board / Fire Department,
State / Central Pollution Control
Boards, State / Central Environmental
Authorities, Airports Authority etc. as
applicable including obtaining Fire
NOC/Building
Completion
/
Occupancy Certificates & Clearances
for completed Buildings and Facilities
for putting them to functional use for
intended purpose.
If there is a delay by Government departments or statutory
authorities in granting approvals, kindly confirm that such delays
will not be treated as delays attributable to the PIU, since these
timelines are beyond the PIU’s control. We also understand that it
shall be the responsibility of the Project Management Consultant
(PMC) to obtain all necessary Statutory Approvals, Permissions,
Clearances and Certificates from the concerned State
Governments, Local Bodies and Statutory Authorities — such as
Municipal Corporation, Town Planning Board, Electricity Board, Fire
Department, State/Central Pollution Control Boards, State/Central
Environmental Authorities, Airports Authority of India, etc., as
applicable. This responsibility includes obtaining Fire NOCs,
Building Completion Certificates, Occupancy Certificates and any
other statutory clearances required for the completed buildings and
facilities to be put to functional use for their intended purpose. The
responsibility of the Project Implementation Unit (PIU) will be to
monitor the performance and compliance of the PMC in relation to
the above, we request you to kindly confirm.
Delay by any government
authority shall not be
attributed
to
the
consultant /PIU.
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
40.
Page no 49,
Section-3 Scope
of Work
Brief Description & Scope of Work
Term of Reference (TOR):
A. Projects executed under
Deposit
works mode
with
PWO/PSUs:
25. PIU will assist ESIC in defending
all Arbitration and Court Cases
arising out of execution of the works
and examining the Arbitration
Award/Decree
of
Court
of
Law/Tribunal and forwarding the
same along with a comprehensive
report on the circumstance leading to
the Arbitration/Court cases and the
reasons and justifications as to why
an appeal against such award/decree
was not considered necessary,
briefing out inter-alia, details of the
award
and
clear-cut
recommendations.
27. PIU will examine and recommend
issues related to payment of
compensation / levies, if so required
to be paid based on recommendation
by PMC related to the Project works,
under the Workmen’s Compensation
Act or any other Act or Law of the
Central or the State Government.
Since the nature of work is technical and the key personnel sought
in the RFP is purely technical and does not possess legal
knowledge it shall be difficult in assisting on litigation / legal matters
of the client / project. We request the authority to kindly on-board a
qualified legal expert / legal firm separately to deal with litigation /
Arbitration and Court Cases / or any other legal matters related to
project or authority.
Please refer to addendum
41.
Page no 49,
Section-3 Scope
of Work
Brief Description & Scope of Work
Term of Reference (TOR):
B. Projects executed by ESIC on
Direct execution mode of Capital
project:
3. PIU will prepare detailed
designs/drawings of buildings and get
it vetted by IITs/NITs/Other reputed
To ensure objective oversight, we request that the preparation of
detailed designs, drawings, and estimates be moved to the PMC’s
scope, as a Project Implementation Unit (PIU) cannot ethically
review or monitor its own work. Maintaining this separation of duties
prevents conflicts of interest and ensures that the PIU can
effectively fulfill its primary mandate of independent quality
assurance and monitoring. Assigning these technical deliverables
to the PMC aligns with industry best practices for transparency and
professional accountability.
It is submitted that the
scope of work includes
engagement of the PIU for
projects executed through
Public Works Organizations
(PWOs)/PSUs on deposit
mode basis as well as for
capital works undertaken
through self-execution by
ESIC. However, at present,
Page 16 of 30
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
govt.
agencies
before
implementation.
4. PIU will prepare detailed estimates
based on the specifications set by
ESIC time to time and get the
estimates approved by ESIC timely.
7. PIU will coordinate with
statutory/local bodies and assist ESIC
in
obtaining
all
necessary
permissions/ NOCs from local
bodies/statutory authorities to start
the project work in stipulated time.
ESIC is executing capital
works primarily through
PWOs/PSUs on deposit
mode basis. In the event
that ESIC decides to
undertake capital works
through
self-execution
mode in future, the
manpower of the PIU may
be augmented accordingly.
Such additional personnel
shall be deployed at the
same rates as quoted in
the Financial Bid by the
selected
bidder
for
personnel of equivalent
qualification
and
experience. In case specific
rates for any additional
category of personnel are
not available in the
Financial Bid, the rates for
such personnel may be
mutually agreed upon
between ESIC and the PIU,
based on prevailing market
rates and in conformity with
the contractual framework.
Therefore, icase of self-
execution of Capital work
by ESIC, the PIU shall work
as per scope of work.
42.
Page 49, Section
3- Scope of work,
Clause B point 1
of ToR
Terms of References (TOR)- Clause
B Projects executed by ESIC on
Direct execution mode of Capital
project
PIU will assist ESIC in site selection
for the project by inspecting the land
and
checking
the
technical
We request clarification on the following: Will site selection be a
one-time activity for each project, or will the PIU be required to
repeatedly inspect and evaluate multiple potential sites for the
same project over time as ESIC identifies new options? We also
understand that site is already identified in New Delhi and land
acquisition for this site is already in place.
The site selection may be
in multiple phases and
depends on case to case.
Also please refer to
annexure 3.
Page 17 of 30
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Page No &
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Existing Clause
Queries
Draft Reply to pre-bid
query
parameters set by ESIC time to time
43.
Page 49, Section
3- Scope of work,
Clause B point 2
of ToR
Terms of References (TOR)- Clause
B Projects executed by ESIC on
Direct execution mode of Capital
project
PIU will prepare concept plans based
on the standards set by ESIC time to
time and get approved those plans by
ESIC timely.
Will ESIC provide a pre-defined or pre-approved base concept plan
for each project, or is the PIU expected to generate the concept
plans entirely afresh for every project? We request ESIC to share
the available drawings and database.
It is submitted that the
scope of work includes
engagement of the PIU for
projects executed through
Public Works Organizations
(PWOs)/PSUs on deposit
mode basis as well as for
capital works undertaken
through self-execution by
ESIC. However, at present,
ESIC is executing capital
works primarily through
PWOs/PSUs on deposit
mode basis. In the event
that ESIC decides to
undertake capital works
through
self-execution
mode in future, the
manpower of the PIU may
be augmented accordingly.
Such additional personnel
shall be deployed at the
same rates as quoted in
the Financial Bid by the
selected
bidder
for
personnel of equivalent
qualification
and
experience. In case specific
rates for any additional
category of personnel are
not available in the
Financial Bid, the rates for
such personnel may be
mutually agreed upon
between ESIC and the PIU,
based on prevailing market
rates and in conformity with
the contractual framework.
44.
Page 49, Section Terms of References (TOR)- Clause Kindly define which are the “other reputed govt agencies” for vetting The other reputed govt
Page 18 of 30
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
3- Scope of work,
Clause B point 3
of ToR
B Projects executed by ESIC on
Direct execution mode of Capital
project PIU will prepare detailed
designs/drawings of buildings and get
it vetted by IITs/NITs/Other reputed
govt.
agencies
before
implementation.
the detailed designs/drawings of buildings. PIU will provide
necessary support to ESIC for getting these drawings vetted.
agencies
are
those
institutions/agencies
/
organization identified by
the ESIC from time to time
for verification of the
design.
45.
Page no 51,
Section-3 Scope
of Work
Brief Description & Scope of Work
Term of Reference (TOR):
B. Projects executed by ESIC on
Direct execution mode of Capital
project:
PIU will coordinate and obtain
necessary Statutory Approvals /
Permission / Clearances/ Certificates
from
the
concerned
State
Governments/ Local Bodies &
Statutory Authorities like municipal
Corporation, Town Planning Board,
Electricity Board / Fire Department,
State / Central Pollution Control
Boards, State / Central Environmental
Authorities, Airports Authority etc. as
applicable including obtaining Fire
NOC/Building
Completion
/
Occupancy Certificates & Clearances
for completed Buildings and Facilities
for putting them to functional use for
intended purpose.
We request the authority to modify the below clause as:
PIU will coordinate with PMCs and assist PMCs to obtain
necessary Statutory Approvals / Permission / Clearances/
Certificates from the concerned State Governments/ Local Bodies
& Statutory Authorities like municipal Corporation, Town Planning
Board, Electricity Board / Fire Department, State / Central Pollution
Control Boards, State / Central Environmental Authorities, Airports
Authority etc. as applicable including obtaining Fire NOC/Building
Completion / Occupancy Certificates & Clearances for completed
Buildings and Facilities for putting them to functional use for
intended purpose.
It is submitted that the
scope of work includes
engagement of the PIU for
projects executed through
Public Works Organizations
(PWOs)/PSUs on deposit
mode basis as well as for
capital works undertaken
through self-execution by
ESIC. However, at present,
ESIC is executing capital
works primarily through
PWOs/PSUs on deposit
mode basis. In the event
that ESIC decides to
undertake capital works
through
self-execution
mode in future, the
manpower of the PIU may
be augmented accordingly.
Such additional personnel
shall be deployed at the
same rates as quoted in
the Financial Bid by the
selected
bidder
for
personnel of equivalent
qualification
and
experience. In case specific
rates for any additional
category of personnel are
not available in the
Financial Bid, the rates for
such personnel may be
Page 19 of 30
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Page No &
Clause no
Existing Clause
Queries
Draft Reply to pre-bid
query
mutually agreed upon
between ESIC and the PIU,
based on prevailing market
rates and in conformity with
the contractual framework.
46.
Page no 51,
Section-3 Scope
of Work
Brief Description & Scope of Work
Term of Reference (TOR):
B. Projects executed by ESIC on
Direct execution mode of Capital
project:
28. PIU will assist ESIC in defending
all Arbitration and Court Cases
arising out of execution of the works
and examining the Arbitration
Award/Decree
of
Court
of
Law/Tribunal and forwarding the
same along with a comprehensive
report on the circumstance leading to
the Arbitration/Court cases and the
reasons and justifications as to why
an appeal against such award/decree
was not considered necessary,
briefing out inter-alia, details of the
award
and
clear-cut
recommendations.
Since the nature of work is technical and the key personnel sought
in the RFP is purely technical and does not possess legal
knowledge it shall be difficult in assisting on litigation / legal matters
of the client / project.
We request the authority to kindly on-board a qualified legal expert /
legal firm separately to deal with litigation / Arbitration and Court
Cases / or any other legal matters related to project or authority.
Please refer to addendum
47.
Page no 53,
Section-3 Scope
of Work
Brief Description & Scope of Work
5. Model Structure for PIU
Interface:
On behalf of ESIC, the PIU would be
interfacing with PMC as Authority’s
Engineer and will be responsible for
all the deliverables pertaining to the
Project at Project Site. Model
structure for the PIU Interface would
be as under: -
The PIU shall monitor and coordinate with PMCs for all works
related to the project and the PMC shall be sole responsible for all
the deliverables pertaining to the Project at Project Site. The PIU
shall review the deliverables for its conformity and alignment with
the agreement terms between PMC and authority. PIU shall
intimate the authority in terms of progress, any deviation etc in the
project. The authority needs to appoint a separate Authority’s
Engineer for this purpose.
PIU shall work as ESIC’s
authority engineer also.
Tender document condition
shall prevail.
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48.
Page 53, Section
3- Scope of work,
Clause C under
Note of TOR
C. Technical recommendation and
Policy matters: Note: It is also stated
that there are several other projects
at the preliminary conception level
which have not yet been approved at
any stage and are likely to be added
over the next year or so, gradually
flowing into the forementioned
categories. At the same time, some of
the existing construction projects are
likely to have been completed and
may go out of the lists. Overall
therefore, the lists of projects would
be dynamic in nature.
The tender states that “the lists of projects would be dynamic in
nature” and may change as new projects are added and completed
ones are removed. In order to correctly plan manpower
deployment, costing, travel, and resource allocation, we request
ESIC to kindly provide a fixed and final list of projects that will fall
under the scope of the PIU, with their present ongoing and
completed status for better understanding of the project.
This is a time-based
engagement.
The
indicative list of projects is
enclosed in Annexure 3
published along with the
addendum.
49.
Page 53, Section
3-Scope of work,
Clause 6
Key Deliverables (Deposit works):
The Services to be delivered by the
PIU as Authority’s Engineer during
the monitoring of the “Project” shall
include but not limited to the items
listed below with respect to the
structure, finishes, services, utilities
and other related works for the
Project., utilities and other related
works for the Project.
Under Key Deliverables (Deposit Works), the tender states that the
PIU’s services “shall include but not be limited to” the listed items,
making the scope open-ended. we request ESIC to please give a
clear and complete list of all the work the PIU is expected to do. If
everything is not listed, the scope becomes open-ended. Therefore,
we request you to clearly define what work is included and what is
not, so that there is no misunderstanding/confusion during
deliverables and execution.
This is a time-based
engagement.
The
indicative list of projects is
enclosed in Annexure 3
published along with the
addendum.
50.
Page no 59-60,
Section-3 Scope
of Work
Brief Description & Scope of Work
6. Key Deliverables (Deposit
Works)
Since the nature of work is technical and the key personnel sought
in the RFP is purely technical and does not possess legal
knowledge it shall be difficult in assisting on litigation / legal matters
of the client / project.
Please refer to the
addendum.
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Queries
Draft Reply to pre-bid
query
We request the authority to kindly on-board a qualified legal expert /
legal firm separately to deal with litigation / Arbitration and Court
Cases / or any other legal matters related to project or authority.
51.
Page 63, Section
3-Scope of work,
Clause 6 Table -1
– point 5
Under Post – Construction Additional
Deliverables (For self-execution)
Under the Scope of Work, several Key Deliverables have already
been defined for the PIU. However, in a later section titled
“Additional Deliverables (For Self-Execution)”, many of the activities
appear to be repetitions or overlaps of what has already been
included in the Key Deliverables. We request clarification on why
these deliverables are listed again separately, and whether they
represent new responsibilities, or if they are already covered in the
original Key Deliverables.
The said clause is for
additional deliverable (for
self-execution), the scope
of service are mentioned
for
works
through
PWO/PSU, self execution
and policy matter advise to
ESIC.
The query has been
examined but not acceded
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Queries
Draft Reply to pre-bid
query
to.
Tender condition shall
prevail
52.
Page no 64,
Section-3 Scope
of Work
7. Deployment of Personnel
7.2 ESIC expects that all personnel
approved under this Agreement shall
remain available throughout the
implementation of the assignment.
Substitution of personnel shall be
permitted only in cases beyond the
Project Implementation Unit’s control,
such as medical incapacity, death, or
resignation. A maximum substitution
of 30% of personnel deployed in the
contract and that too by only equally
or better qualified and experienced
personnel shall be permitted during
the entire contract period.
a) The first substitution of 10% of
personnel deployed in the contract
and that too by only equally or better
qualified and experienced personnel
shall be permitted during the entire
contract period without any penalty.
b) Further, next 10% of substitution it
shall attract deductions of amount of
10% of reimbursement of personnel
from the date of substitution of
personnel.
c) Further for the next 10% of
substitution, it shall attract deductions
of amount of 20% of reimbursement
of personnel from the date of
substitution of personnel.
We request a relaxation on resource replacement terms, as long-
term projects involve personnel changes beyond a bidder's control.
We propose that the first 10% of substitutions be permitted without
penalty, provided replacements are equally or better qualified to
maintain project standards. For any substitutions exceeding this
threshold, we suggest a one-time deduction of 5% of the
renumeration quoted for the respective personnel/resource of that
particular month.
Tender document shall
prevail.
53.
Page 70, Section
3- Scope of work,
Clause 7.1.7
7.17. The daily biometric attendance
should be mandatory and a report
shall be submitted at 10:00AM IST to
the Chief Engineer on each day. A
monthly report of the biometric
Please clarify the following:
• Is biometric attendance required only at ESIC HQ (Delhi), or also
at all project sites across India?
• How should attendance be handled for personnel who are on site
visits, inspections, travel, or field duties during the 10:00 AM
Daily biometric attendance
is mandatory.
If the personnel are on site
visit, inspection, making
design at home office then
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Draft Reply to pre-bid
query
attendance shall be submitted to the
Engineer along with other relevant
prescribed
documents
while
submitting monthly bills
reporting time?
• Is full-team presence at HQ every morning mandatory, or only
applicable to specific roles?
• Any activity pertaining to design needs to be carried out, we
understand that it will be home office based
biometric is not mandatory,
however, the prior approval
is required from ESIC for
such activities.
54.
Page 64, Section
3-Scope of work,
Clause 7.2
Deployment of Personnel Substitution
of personnel shall be permitted only
in cases beyond the Project
Implementation Unit’s control, such
as medical incapacity, death, or
resignation. A maximum substitution
of 30% of personnel deployed in the
contract and that too by only equally
or better qualified and experienced
personnel shall be permitted during
the entire contract period. The
following terms shall govern the
substitution ensuring that equal or
higher qualifications and experience
personnel shall be engaged:
a) The first substitution of 10% of
personnel deployed in the contract
and that too by only equally or better
qualified and experienced personnel
shall be permitted during the entire
contract period without any penalty.
b) Further, next 10% of substitution it
shall attract deductions of amount of
10% of reimbursement of personnel
from the date of substitution of
personnel. c) Further for the next
10% of substitution, it shall attract
deductions of amount of 20% of
reimbursement of personnel from the
date of substitution of personnel.
Under the Deployment of Personnel section, the tender permits up
to 30% substitution of manpower, with 10% and 20% deductions
applied after the first 10% substitution. We request ESIC to kindly
consider that if suitable substitute personnel are provided (equal or
better in qualification and experience), then no financial deduction
should be applied. Since replacements maintain service quality, we
request removal of the deduction clause for substitutions because
retaining an expert for a long duration is beyond the control of the
PIU consultant Also as a PMU/PMC assignment spanning 3–5
years, manpower movement is naturally expected due to reasons
such as:
• Unavoidable personal circumstances such as Medical
emergencies
• Location transfer requirements, Career progression or statutory
notice periods, Family relocation, maternity/paternity situations, Re-
deployment based on project phasing needs
• These factors are beyond the PIU’s control, and rigid capping
combined with financial penalties may adversely affect Continuity of
services, Ability to retain high-quality talent, Ability to replace
specialized staff at short notice, Long-term sustainability of the
project
• Given the long duration and multi-disciplinary nature of the
engagement, a fixed 30% substitution ceiling and associated
penalties could unintentionally disrupt performance rather than
enhance it thus we request ESIC to relax given clause.
Tender document shall
prevail.
55.
Page 66, Section
3-Scope of work,
Clause 7.7 Point
7
Healthcare Planning expert – 1 (on
demand basis) MBBS + Post-
Graduate
Diploma/Master’s
in
Hospital Administration / Public
Health having 15 years of experience,
Instead of strictly requiring an MBBS-qualified expert, may the
bidder deploy an experienced professional with extensive hospital
building planning and functional design experience (without MBBS
and Masters specialization listed), provided their expertise meets
the functional requirements?
Please refer to the
addendum.
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Draft Reply to pre-bid
query
including planning/functional design
of hospitals, medical colleges, OTs,
ICUs, CSSD, and diagnostic facilities
56.
Page 69, Section
3-Scope of work,
Clause 7.7 – point
20
Environmental Expert
Graduate/Post
graduate
in
Environmental
Engineering
or
Environmental Science with minimum
12 years of experience in
environmental
compliance
for
infrastructure
projects.
Certification/training in Environmental
Impact Assessment (EIA), Biomedical
Waste Management, or Green
Building
Standards
(e.g.,
GRIHA/LEED) is preferable.
We request ESIC to kindly consider placing this Environmental
Expert for full-time during the project duration instead of on-
demand, as environmental compliance and documentation support
may be required regularly during project execution across multiple
locations.
Tender document shall
prevail.
57.
Page 70, Section
3-Scope of work,
Clause 7.13
The monthly rates indicated against
each manpower shall be deposited
directly
into
the
respective
manpower’s bank account. If the
amount deposited is found to be less
than or more than the quoted rates,
the minimum of the two (i.e., the
deposited amount or the quoted rate)
shall be payable to the PIU.
We would respectfully like to inform that employee remuneration is
confidential as per our company policy, and salary structures
(including internal components) cannot be disclosed or matched
against quoted rates.
We therefore request ESIC to remove this clause, and allow
payment to be made to the PIU as per the quoted manpower rates,
without requiring verification of actual salary deposits made to
employees
Please refer to the
addendum.
58.
Page 70, Section
3-Scope of work,
Clause 7.22
The PIU’s personnel’s may require to
undertake domestic official tours with
due approval of ESIC. The
reimbursement of or grant of advance
for personnel’s shall on similar lines
as available to an employee of level
10 (7th CPC) for type and class of
accommodations,
travel
arrangements, food etc for all
resources.
We request ESIC to kindly consider that travel reimbursement
should be aligned with the deployment category/grade of each
manpower, since all resources do not fall under the same level of
responsibility, seniority, or cost structure.
Therefore, we request that reimbursements be allowed as per the
respective manpower category, rather than a uniform Level-10
entitlement for all.
Tender document shall
prevail
59.
Clause 7.26- Pg
71 Clause 4- Pg
74 Clause 3.51-
Pg 103 Clause
5.2 - Pg 104,
Section 3-Scope
Pg 71-clause 7.26 -The Overhead
expense (OH) and profit shall be paid
in monthly instalment along with
payment
towards
manpower
resources for the contract period i.e.,
3 years.
This clause is appearing in several sections of the tender
document, we need more clarity on this clause
Please refer to the
addendum.
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query
of work,
Pg 74-clause 4 - The Overhead
expense (OH) and profit shall be paid
in monthly instalment along with
payment
towards
manpower
resources for the contract period i.e.,
3 years.
Pg 103-clause 3.51 The Overhead
expense (OH) and profit shall be paid
in monthly instalment along with
payment
towards
manpower
resources for the contract period i.e.,
3 years.
Pg 104 -clause 5.2 - The Overhead
expense (OH) and profit shall be paid
in monthly instalment along with
payment
towards
manpower
resources for the contract period i.e.,
3 years
60.
Clause 1.36- Pg
13 & Clause 6-Pg
106, SECTION- 1
Instructions
to
Bidders/tenderer
s And Section 5-
Technical
Bid
forms
Price Variation clause
The bid is invited from the intending
and eligible bidders initially for 3
years. The quoted rates shall remain
firm for the initial contract period of
three (3) years. Price variation, if any,
shall be applicable only for the
mutually extended period and shall
be governed strictly as per the
prescribed indexation formula Price
Variation 6.1 The quoted rates shall
remain firm for the initial contract
period of three (3) years. Price
variation, if any, shall be applicable
only for the mutually extended period
and shall be governed strictly as per
the prescribed indexation formula.
Considering inflation rising manpower costs, statutory compliance
increases, and cost escalation in technology, travel, and
administrative expenses over a multi-year contract, we request
ESIC to kindly allow year-on-year escalation during the initial 3-year
contract period as well, instead of keeping the rates completely
firm. Beginning of every 13th month the remuneration and
reimbursable should be incremented/escalated as per Government
laws
We request ESIC to modify given clause as: Price variation shall be
applicable annually based on CPI-IW for the relevant region. No
threshold of 2% shall apply for manpower-based contracts. The
total adjustment may be allowed up to 20% of the annual contract
value, to accommodate real inflation trends. In case inflation
exceeds the ceiling, both parties shall mutually discuss and agree
on a balanced approach to ensure service continuity rather than
invoking Frustration of Contract.
Please refer to the
addendum.
61.
Page 97, Section
5- Technical Bid
Forms,
Clause
3.25
Note: Rate of recovery for non-
fulfilling of requirement is 1.20 times
of remuneration quoted by the PIU
per month per person, calculated on
a pro-rata basis considering 30 days
The proposed penalty of 1.20× (120%) of the quoted remuneration
is extremely high and we request client ESIC to reduce this penalty
to 10% of quoted remuneration per month.
Please refer to the
addendum.
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query
per month for the number of days of
shortfall
62.
Page 14, Section
1- Instructions to
Bidders/tenderer
s, Cl. 1.36.4 - C,
D
No price adjustment shall be payable
price variation this is less than or
equal to 2% (two percent) contract
value.
Total adjustment will be subject to
maximum ceiling of 10% of annual
contract value, beyond which the
price variation would be capped at
this level. As soon as it comes to light
that price variations are likely to go
beyond this ceiling, and if the Project
Implementation Unit is not agreeable
to the price variation being capped at
that level, he may notify the ESIC
under ‘Frustration of Contract’
provisions in the Tender Document/
Clause, for termination of contract.
We request ESIC to modify given clause as: Price variation shall be
applicable annually based on CPI-IW for the relevant region. No
threshold of 2% shall apply for manpower-based contracts. The
total adjustment may be allowed up to 20% of the annual contract
value, to accommodate real inflation trends. In case inflation
exceeds the ceiling, both parties shall mutually discuss and agree
on a balanced approach to ensure service continuity rather than
invoking Frustration of Contract.
Please refer to the
addendum.
63.
Page
110,
Section
5-
Technical
Bid
Forms, Clause 14
14. Indemnity Clause The Project
Implementation Unit herby agrees to
indemnify and keep the ESIC
indemnified from and against any
financial loss (including reasonable
counsel fee) or damages caused to
the
ESIC
arising
out
of
misrepresentation,
negligence,
misconduct and/or misdemeanor or
any breach of applicable laws or of
the provisions of this Agreement on
the part of the Project Implementation
Unit or any of its employees etc. 14.2
The Project Implementation Unit shall
indemnify, defend, and hold harmless
ESIC,
its officers,
directors,
employees, agents, and assigns
(collectively, the "Indemnitees"), from
and against any and all claims,
losses,
expenses,
damages,
liabilities, and costs (including
The Project Implementation Unit (PIU) agrees to indemnify ESIC
only for direct financial losses solely and demonstrably arising from
proven misrepresentation, willful misconduct, or gross negligence
of the PIU in the performance of its obligations under this
Agreement. Such indemnity shall be limited to the extent of the
PIU’s liability cap defined herein and shall exclude all indirect,
consequential, punitive, or speculative damages. The maximum
aggregate liability of the PIU under this clause shall not exceed
10% of the total contract value. We request ESIC to modify cl 14.2
as below: The PIU shall indemnify and hold ESIC harmless from
direct third-party claims arising solely out of:
(a) a proven material breach of this Agreement by the PIU;
(b) willful misconduct or gross negligence of PIU personnel; or
(c) infringement of third-party intellectual property rights by
deliverables created exclusively by the PIU. This indemnity shall
apply only to losses finally awarded by a court of competent
jurisdiction or mutually agreed through settlement, and only to the
extent caused by PIU’s actions. All such indemnity obligations shall
be subject to a maximum aggregate cap of 10% of the total contract
value. There shall be no indemnity obligation on the PIU for: – any
claims arising from ESIC’s directions, data, decisions, or third-party
Tender document shall
prevail.
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Draft Reply to pre-bid
query
reasonable counsel fees and
expenses) arising out of or in
connection with any of the following:
a. any breach of this Agreement by
Project Implementation Unit;
b. any claims arising out of Project
Implementation Unit’s use of the
ESIC's intellectual property;
c. any willful misconduct, negligence,
recklessness, or unlawful act of the
Project Implementation Unit or its
agents or employees related to
project or at project site;
d. any third-party claims or actions
related to the Project Implementation
Unit’s products, services, or activities;
and
e. any claims arising out of any third-
party products, services, or activities
provided by Project Implementation
Unit to the ESIC.
actions outside PIU’s control; – any indirect, incidental, special,
exemplary, or consequential damages; – any claims arising from
contractor execution works, site activities, or ESIC-appointed
agencies.
64.
General
-
For the given scope of work, which includes extensive
responsibilities such as nationwide coordination, monitoring, design
support, statutory approvals, site visits, reporting, and functioning
as an extended arm of ESIC, the requirement of 41 personnel may
not be adequate for smooth and effective execution of the project in
case of multiple sites. We therefore request ESIC to reassess and
consider increasing the number of manpower positions, so that
operational workflows, site monitoring, timelines, and quality
expectations can be met without compromise.
please refer to the
addendum.
65.
General
-
We request you for an extension of 4 weeks from the date of
receipt of Pre-bid replies.
Please refer to addendum
66.
Last date & time
of
Online
submission of Bid
23rd February 2026 3:00 PM as per
GEM portal
We request the authority to provide three weeks of extension for
the preparation of comprehensive and competitive proposal.
67.
General
Bid End Date/Time 23-02-2026
15:00:00
Requesting you to extend the submission date of proposal by 21
days to finalize a comprehensive proposal, from the date of
issuance of clarifications.
68.
General
Bid submission date NIT documents-
23.02.2026
In view of the clarifications and the time required to finalize a
comprehensive proposal, we respectfully request an extension of
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Queries
Draft Reply to pre-bid
query
the submission deadline by a minimum of 15 days from the date of
issuance of clarifications.
69.
Page no. 06,
Notice
Inviting
Bid, Last Date
and Time of
Online
Submission of Bid
Last date & time of Online submission
of Bid, EMD, e-tender processing fee
as applicable and other Documents
as specified in the bid document –
23.02.2026, 15:00:000
Considering the requirement of Key personnel identification & EMD
requirements, the time period given for submission is not sufficient
and hence request for an extension of at least Three (3) weeks
from the date of Response to queries.
70.
General Clause,
Liability of the
consultant
-
Liability of the consultant
The aggregate liability of the Firm/Consultant/Bidder/Service
Provider/ Contractor/Agency whether in contract, tort, statue or
otherwise shall be limited to the amount of the fees that the
Firm/Consultant/Bidder/Service Provider/ Contractor/Agency has
received in connection with the Engagement. If the Engagement is
of a recurring nature, then the aggregate liability shall not exceed
the amount received by the Firm/ Consultant/ Bidder/ Service
Provider/ Contractor/ Agency in the immediately preceding year.
The above liability limit will not apply to any losses, damages or
costs arising from the fraud, dishonesty, or gross negligence of the
Firm or in respect of liabilities which cannot lawfully be limited or
excluded.
Neither party shall be liable to the other for any indirect, special, or
consequential loss (including but not limited to loss of profit –
whether direct or indirect - loss of production), loss of contracts,
loss of use, loss of business, and loss of business opportunity.
Tender document shall
prevail.
71.
Additional Clause,
Indemnity clause
--
We suggest that indemnity should be mutual, and the Consultant
shall also be indemnified by the Client for any third party claims and
for claims arising due to any fraud, misrepresentation or omission
of facts by the Client or its personnel.
The aggregate liability of Consultant/ Bidder under this clause shall
be capped to the fees paid by the Client to the Consultant/ Bidder
for the assignment.
Tender document shall
prevail.
72.
Additional Clause,
Retention Rights
--
Retention rights
The Firm/ Consultant/ Bidder/ ServiceProvider/Contractor/Agency
shall be permitted to retain copies of such Confidential Information
as it is required to retain for legal or professional regulatory
Tender document shall
prevail.
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Queries
Draft Reply to pre-bid
query
purposes.
The
Firm/
Consultant/
Bidder/
Service
Provider/Contractor/Agency confidentiality obligations shall
continue throughout the time, such Confidential Information is
retained notwithstanding the termination of the Agreement.
73.
General
--
The requirement for ESIC was two parts viz. a) monitoring and
overall management of portfolio of projects of ESIC and b) technical
inputs/ technical backstopping for projects of ESIC. And while
management consulting firms such as ours provide services
pertaining to monitoring and overall management, we do not
provide technical or engineering design / drawing related inputs.
The captioned RFP has been issued and framed primarily for
Authority Engineers which is domain for technical / engineering
firms.
And thus, we would not be able to bid for this RFP. However, if
there is any opportunity for project monitoring for a project or
portfolio of projects, we would be happy to participate.
PIU shall work as ESIC’s
authority engineer also.
Tender document condition
shall prevail.
74.
General
--
The current scope demands for Project Implementation Unit to be
Authority Engineer for various Capital Projects. Our internal policies
will not allow us to take decisions on behalf of the client.
Hence, request if scope can be reduced only to PMO services then
we will be able to participate in the RFP.
PIU shall work as ESIC’s
authority engineer also.
Tender document condition
shall prevail.
This issues with the approval of Competent Authority.
Chief Engineer (I/c)
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Page 1 of 142
EMPLOYEES’ STATE INSURANCE CORPORATION
Ministry of Labour & Employment,
Government of India
(PROPERTY MANAGEMENT DIVISION)
Notice Inviting Tenders (NIT) for engaging
Project Implementation Unit
for
Construction Projects of ESIC
ESIC Headquarters, CIG Marg Delhi-110002
TEL: 011-23235782
e-mail ID : chief-engr@esic.gov.in
Page 2 of 142
Table of Contents
S.No
Description
Section
Page Nos.
1) Notice inviting bid
--
4-7
2) Instructions to bidders/tenderers
Section —1
8-32
3) Qualifying criteria
Section —2
33-43
4) Scope of Work
Section —3
44-71
5) Bill of Quantities/Financial Bid
Section —4
72-74
6) Technical Bid Forms
Section —5
75-
a. Letter of Transmittal
--
76
b. Organization details
Form-A
77
c. Banker’s certificate from a scheduled
bank
Form-B
78-79
d. Details of eligible similar nature of works
completed during the last seven years
Form-C
80
e. Details of eligible similar nature of works
completed for claiming number of no. of
organization, nos. of experience and
GRIHA rating claim
Form-C1
81
f. Performance report of works referred to
in forms “C” & “C1”
Form-C2
82
g. Financial Turnover in last 3 years
Form-D
83
h. Profit and loss during last 5 years
Form-D1
84
7) Acceptance of bid conditions
Form-E
85
8) Undertaking
Form-F
86-87
9) Form of Contract
Form-G
88-124
10)
Integrity pact letter
Form-H
125-126
Page 3 of 142
11)
Form
of
earnest
money
(Bank
Guarantee)
Form-I
127
12)
Form
of
performance
security
(guarantee) bank guarantee bond
Form-J
128-129
13)
Format for giving consent & bank details
for e-payment
Form-K
130
14)
Format of bid security declaration from
bidders in lieu of EMD
Form-L
131
15)
Details of technical & administrative
personnel of the firm to be employed for
this work
Form-M
132
16)
Format of curriculum vitae (cv) for
proposed team personal
Form-M 1
133
17)
Power of Attorney
Form- N
134
18)
Integrity Agreement
Annexure-1
135-140
19) Check list of the documents to be
submitted with the tender
Annexure-2
141-142
Page 4 of 142
NOTICE INVITING BID
Page 5 of 142
NIT No: W/23/2025-PMD
Date: /02/2026
Employees’ State Insurance Corporation (ESIC) is a Statutory Body constituted
under the Section 3 of ESI Act 1948, works under the aegis of Ministry of Labour and
Employment (MoLE), Government of India.
ESIC invites online item rate bids in two bid system through e-tendering mode
from eligible Bidders /Firms (Registered firm with name of all partners should be shown
in the registration of firms and similarly, for registered companies) anywhere in the
Country. The tender documents are available on Gem and the website of Employees'
State Insurance Corporation i.e. www.esic.gov.in.
In order to eliminate delays and improve the project implementation, ESI
Corporation has decided to engage a Project Implementation Unit (PIU) for facilitating
and effective monitoring and coordination of construction projects of ESIC right from
the stage of concept plan, approval of estimates, monitoring of stage wise construction
activities, ensuring quality, vetting of claims, changes if any, in scope of work,
requirement of extension of time and escalation, variations etc. The PIU Agency will
also monitor and assist in making compliance with statutory norms related to existing
ESIC Buildings including Pollution Control Board, Fire Safety, NOC for UG Diesel
Tanks etc. The agency will also facilitate in the bidding process for selection of Project
Management Consultant (PMC), as per ESIC policy, framing of agreement/ MOU with
PMC and preparation of a Works Manual outlining routines and procedures to be
applied in construction and management in accordance with requirements and also
Works Accounting Manual for which ESIC intends to take up service support from PIU.
The PIU will also work along with ESIC engineering wing in direct execution of
capital works right from the stage of concept to commissioning of projects by providing
expertise in Architecture, Designing, Estimations, Tendering, Execution of works
including Quality Control.
The Details are given below:
NIT No.
Tender id: GEM/2026/B/7176682
Tender reference no: NIL
Name of the Work
Engagement of Project Implementation
Unit for Construction Project of ESIC
Earnest Money Deposit (EMD)
Rs. 48,77,058.00
मुƥालय,पंचदीप भवन,
सी. आई. जी.मागŊ, नई िदʟी -
110002
Headquarters Office, Panchdeep Bhavan,
C.I.G Road,New Delhi-110002
Email: chief-engr@esic.nic.in
Page 6 of 142
The Project Implementation Unit has to
upload Receipt of Deposition of Original
EMD “Format of Earnest Money Deposit” in
the prescribed format as specified in this
NIT.
Period of Completion
1095 days
Date and time of Bid Document available to
parties to download
As per GeM document
Starting date of e-tender for submission of
online Technical Bid and Financial Bid
As per GeM document
Date of start and end of online Pre-Bid
queries
As per GeM document
Date of Pre-Bid meeting
As per GeM document
Location of Pre-Bid meeting
As per GeM document
Last date & time of Online submission of
Bid, EMD, e-tender processing fee as
applicable
and
other
Documents
as
specified in the bid document.
As per GeM document
Date and time of opening of Technical Bid As per GeM document
Location of Technical Bid opening
1st floor, office of Chief Engineer, ESIC
Hqrs, CIG Marg, Delhi-110002
Date and Time of opening of Financial Bid Will be communicated separately to the
qualified bidders
Validity of Offer
90 days after the last date fixed for
submission of bid including the extension
(s) given, if any
Submission of hard copies of EMD
The original EMD should be submitted at 1st
floor, office of Chief Engineer, ESIC Hqrs,
CIG Marg, Delhi-110002 up to last date and
time of online submission of bids and EMD.
The Tender Document as uploaded can be viewed and downloaded free of cost by
anyone
including
intending
tenderer
from
website
https://gem.gov.in
and
www.esic.gov.in. But the tender can only be submitted on the e-tender website
Page 7 of 142
https://gem.gov.in after having digital signature by the bidder and after uploading all
the requisite scanned documents. Corrigendum if any, would appear only on the
website.
-sd-
(Chief Engineer)
Page 8 of 142
SECTION- 1
Instructions to
Bidders/tenderers
Page 9 of 142
A. General instruction to Tenderers/Bidders
1) Introduction
1.1. The bid document consisting of instructions to bidder, scope of work and other
conditions to be complied are available at the Government-e-market portal
https://gem.gov.in
1.2. A registered Company or Firm with experience and expertise with delivering
the similar nature of service in Central Government or State Government
Public Sector Undertakings (PSU) / Central Government or State Government
Departments or Organizations(PWD/PWO)/ Central Government or State
Government Public Sector Enterprises (PSE)/Private Companies i.e.,
providing Program Management Consultancy (PMC) services for monitoring of
Construction of Hospital Buildings / Medical Institute / Dispensary / Office
Buildings/Commercial Buildings etc..
1.3. The intending bidder(s) must read the terms and conditions carefully. They
should only submit their bid if eligible and in possession of all the documents
required.
1.4. Joint-venture / consortia of firms / companies and foreign bidders are not
eligible to quote for the tender
1.5. Information and instructions for bidders available in document shall form part
of contract.
1.6. The bidders shall be deemed to have gone through the various conditions while
making / preparing their proposal & submitting the Bid.
1.7. ESIC shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or
relating to tender document, the Bidding Document or the Bidding Process,
including any error or mistake therein or in any information or data given by the
Authority.
1.8. Intending bidder is eligible to submit the bid provided he has definite proof from
the appropriate authority such as above or level of Executive Engineer/Project
Manager which shall be to the satisfaction of the competent authority of
employer, of having satisfactorily completed similar Consultancy services of
magnitude specified in qualifying criteria. In case of Consultancy works of
Page 10 of 142
private nature other than Central/State Government/Central Autonomous
Body/Central Public Sector undertaking/City Development Authority/Municipal
Corporation of city, they shall be required to submit T.D.S. certificates for
Consultancy works issued by respective clients.
1.9. Notwithstanding anything stated above, ESIC reserves the right to assess the
capabilities and capacity of the bidders to perform the contract in the overall
interest of ESIC
1.10.
The registration of the Project Implementation Units should be valid on
the last date of submission of bids. In case the last date of submission of bid
is extended, the registration of Project Implementation Unit should be valid on
the original date of submission of bids.
1.11.
On opening date, the tenderer can login and see the tender opening
process.
1.12.
Bidder can upload documents in the form of JPG format and PDF format.
1.13.
Project Implementation Unit is required to upload scanned copies of all
the documents including valid GST registration, ESI, EPF registration, PAN
etc. as stipulated in the tender document.
1.14.
The work in general shall be executed as per CPWD Specifications-2009
Vol.I & Vol.II with up-to-date correction slips, NBC norms, CVC, GFR
guidelines, other guidelines as circulated by ESIC.
1.15.
The bidder whose bid is accepted will also be required to furnish either
copy of applicable licenses/ registrations or proof of applying for obtaining
registration with EPFO, ESIC etc. for the said work.
1.16.
In case, any misrepresentation / falsification is noticed in copies of
documents submitted, then the bid submitted shall become invalid. ESIC shall,
without prejudice to any other right or remedy, be at liberty to disallow the
bidder from future participation.
1.17.
Canvassing whether directly or indirectly, in connection with bidders is
strictly prohibited and the bids submitted by the Project Implementation Units
who resort to canvassing will be liable for rejection
1.18.
Submission of a bid by a bidder implies that he has read this notice and
all other contract documents and has made himself aware of the scope and
Page 11 of 142
specifications of the work to be done and the rate quoted shall be inclusive of
statutory taxes (except GST) and exclusive of GST. The GST shall be payable
as per actual.
1.19.
The Consultant’s quoted rates as per the schedule of financial bid shall
be inclusive of charges payable by the Project Implementation Unit to any other
Associate Specialist including green building and other Associates etc. and
nothing extra shall be payable by the ESIC on this account
1.20.
Under normal circumstances, Project Implementation Unit will not be
allowed to change the associate specialized firms/sub Project Implementation
Units after award of work, if any.
1.21.
In case of exceptional circumstances brought on record by the PIU, the
associate specialized firms/sub consultants can be changed with equivalent or
more experienced ones than the one mentioned in bid document with the prior
approval of the ESIC. The department reserves the right to reject any sub
consultant/firm proposed to be engaged by the consultant without assigning
any reason.
1.22.
The quoted rates shall include all costs towards Software, Equipment,
supervision, training, manpower, other costs, profit, other levies together with
all general risks, liabilities and obligations set out or implied in the contract,
statutory payments like PF, ESI, applicable Professional Tax etc. to its
employees, cost of insurance to this contract, all applicable tax liabilities like,
Income Tax & Surcharges, etc except as mentioned in tender document. The
GST shall be payable as per actual. No claim whatsoever against the ESIC in
respect of any proprietary right or copy right shall be admissible
1.23.
The Project Implementation Unit shall ensure compliance with all
applicable labour laws, including the Minimum Wages Act, 1948, for personnel
deployed for site surveys or other activities. PIU shall be solely responsible for
compliance with all applicable labour laws. ESIC shall not be treated as
principal employer for PIU personnels
1.24.
Any bidder from a country that shares a land border with India will be
eligible to bid in any procurement, whether of goods, services (including
consultancy services and non-consultancy services) or works (including
Page 12 of 142
turnkey projects) only if the bidder is registered with the Govt of India for similar
work/service. Further, any bidder (including bidder from India) having specified
Transfer of Technology (ToT) arrangement with an entity from a country which
shares a land border with India, shall also require to be registered with the
same competent authority.
1.25.
The bidder may furnish any additional information which they think is
necessary to establish his capabilities to successfully complete the envisaged
work. However, they are advised not to furnish superfluous information. No
information shall be entertained after submission of technical bid document
unless it is called for by the ESIC.
1.26.
The bidder should have sufficient number of Technical and
Administrative employees for the proper execution of the contract. The bidder
shall have to submit a list of these employees stating clearly how these would
be involved in this work.
1.27.
All information called for in the enclosed forms should be furnished
against the relevant columns in the forms. If for any reason, information is
furnished on a separate sheet, this fact should be mentioned against the
relevant column. Even if no information is to be provided in a column, a "nil" or
"no such case" entry should be made in that column. If any particulars/query
is not applicable in case of the bidder, it should be stated as "not applicable".
The bidders are cautioned that not giving complete information called for in the
application forms or not giving it in clear terms or making any change in the
prescribed forms or deliberately suppressing the information may result in the
bid being summarily disqualified.
1.28.
ESIC reserves the right to amend the conditions at its discretion
depending upon the GeM requirement
1.29.
No Proposals/Documents will be received/uploaded after the prescribed
date & time.
1.30.
All the uploaded documents should be in readable, printable, and legible
form failing which the Bids are liable for rejection.
1.31.
All the uploaded documents shall be considered as duly signed by
bidder/ authorized representative.
Page 13 of 142
1.32.
The ESIC will provide all the available inputs to the intended bidders.
However, ESIC does not assume any responsibility for any loss or financial
damages on account of use of such information by bidders. The bidders are
advised to collect the required information of project before submission of bids.
1.33.
ESIC reserve the right to postpone and/ or extend the date of receipt of
or to withdraw the bidding notice without assigning any reason thereof, entirely
at the discretion of the ESIC. In such an event, consulting firms shall not be
entitled to any compensation in any form whatsoever.
1.34.
Bidders shall bear all cost associated with the preparing and submission
of their proposals, site visits etc. The ESIC is not bound to accept any proposal,
and reserves the right to annul the selection process at any time prior to award,
without incurring any liability to the bidders.
1.35.
For abnormally low quote, a detailed justification may be required from
the bidder with all the supporting documents and if he fails to justify the same,
the tender may be rejected and the bidder shall not be allowed to participate
in the retender again.
1.36.
Price Variation clause
1.36.1.
The bid is invited from the intending and eligible bidders initially
for 3 years.
1.36.2.
The quoted rates shall remain firm for the initial contract period of
three (3) years. Price variation, if any, shall be applicable only for the
mutually extended period and shall be governed strictly as per the
prescribed indexation formula
1.36.3.
However, in case of unforeseen circumstances decided by DG,
ESIC, depending upon the satisfactory performance decided by Chief
Engineer, the tenure of the contract agreement may be extended for
another 02 (two) years on 1 plus 1 basis with the mutual consent of ESI
Corporation and the consultant / agency on same terms and conditions.
1.36.4.
In case the contract is extended mutually by ESIC and PIU then
price variation clause may be applied as follows that will be fixed for
extended period as decided:
a)
Base date shall be assumed to be the date of last bid submission
deadline.
Page 14 of 142
b)
For incrementing in the quoted rates beyond the initially agreed
timelines, Indexation of remuneration will be done as per the CPI-IW
published by Labour Ministry for particular area/region. The following
formula have been used for the purpose of indexation:
Pa = {Cost of Manpower component * (CPI1 - CPIo )/ CPIo}
Where,
Pa is then adjustment amount payable to the bidder (a minus figure
will indicate a reduction in the contract price) on the date of supply.
Cost of manpower component on the base date (which is taken as the
month on which last date of bid submission including extension, if
any).
CPIo is the Consumer Price Index (IW) published by Labour Ministry
for particular area/region of deployment for the base month
CPI1 is the Consumer Price Index (IW) published by Labour Ministry
for particular area/region of deployment the last month of original
contract period i.e., 3 years from start date of contract.
c)
No price adjustment shall be payable price variation this is less than
or equal to 2% (two percent) contract value.
d)
Total adjustment will be subject to maximum ceiling of 10% of annual
contract value, beyond which the price variation would be capped at
this level. As soon as it comes to light that price variations are likely
to go beyond this ceiling, and if the Project Implementation Unit is not
agreeable to the price variation being capped at that level, he may
notify the ESIC under ‘Frustration of Contract’ provisions in the
Tender Document/ Clause, for termination of contract.
e)
Payments for each supply would initially be made as per the base
price mentioned in the contract.
1.37.
Statutory Variation Clause
Unless otherwise stated in the contract, statutory increase in applicable GST
rate only during the original delivery period (or refixed delivery period i.e., after
incorporating the extension of time including escalation or without levy of
compensation) shall be to ESIC’s account. Any increase in the rates of GST
Page 15 of 142
beyond the original completion date during the extended delivery period (for
delays attributable to the Project Implementation Unit) shall be borne by the
consultant, however the benefit of any reduction in GST rate must be passed
on to the ESIC during the original and extended delivery period. GST rate
amendments shall be considered for quoted HSN code only, against
documentary evidence, provided such an increase of GST rates after the last
date of bid submission. The ESIC is not liable for any claim from the consultant
on account of fresh imposition and/ or increase (including statutory increase)
of GST, customs duty, or other duties on raw materials and/ or components
used for the purpose of delivery of the contracted services taking place during
the pendency of the contract unless such liability is expressly agreed to in
terms of the contract.
1.38.
Conflict of Interest
1.38.1.
The Project Implementation Unit shall not be permitted to bid for
works/service, where the Project Implementation Unit has any personal,
financial, business relationship or in close family, with any personnel of the
procuring entity who are directly or indirectly related to the procurement or
execution process of the contract, which can affect the decision of the
procuring entity directly or indirectly.
The close family for this purpose shall be officer’s spouse, parents,
children, and their families. As far as extended family - Siblings/ Uncles/
Aunts/ Cousins and their families are concerned.
Further, firms’ personnel shall mean – senior executives (or team handling
the bidding) at the bidding firm.
1.38.2.
No Architect/ Engineer of Gazetted rank or other Gazetted Officer
employed in Engineering or Administrative duties in an Engineering
Department of the Government of India is allowed to work as Project
Implementation Unit for a period of one year after his retirement from
Government service, without the previous permission of the Government
of India in writing. This contract is liable to be cancelled if either the Project
Implementation Unit or any of his employees is found any time to be such
a person who had not obtained the permission of the Government of India,
Page 16 of 142
as aforesaid, before submission of the bid or engagement in the Project
Implementation Unit’s service.
This shall only apply to situations directly connected with subject contract
and ESIC projects, subject to the applicable laws.
1.38.3.
ESIC policy requires that bidder provide professional, objective,
and impartial advice and at all times hold the ESlC’s interest paramount,
strictly avoid conflicts with other assignments or their own corporate
interests and act without any consideration for future work.
1.38.4.
(i) Without limitation on the generality of the foregoing, bidder, and
any of their affiliates, shall be considered to have a conflict of interest and
shall not be recruited, under any of the circumstances set forth below:
Conflicting Relationship
Project Implementation Unit having any personal, financial, business
relationship or in close family, with any personnel of the procuring entity
who are directly or indirectly related :
a. the preparation of the Terms of Reference of the assignment,
b. the selection process for such assignment, or
c. supervision of the Contract,
may not be awarded a Contract, unless the conflict stemming from this
relationship has been resolved in a manner acceptable to the ESIC
throughout the selection process and the execution of the Contract.
1.38.5.
Bidder has an obligation to disclose any situation of actual or
potential conflict that impacts their capacity to serve the best interest of the
ESIC, or that may reasonably be perceived as having this effect. Failure
to disclose said situations may lead to the disqualification of the Bidder or
the termination of its Contract any time throughout currency of the work. In
case contract is terminated during currency of contract then ESIC will get
the work / balance assignment done at risk and cost of Bidder.
1.38.6.
On and from the conclusion of the project or earlier termination of
the assignment, for a period of one year neither the Bidder, nor any of its
affiliates shall directly or indirectly or through a third party engage in or be
active or passive part of or otherwise:
Page 17 of 142
a. Solicit, divert, or take away, or attempt to divert or take away from the
ESIC or its affiliated organizations any employee, customer, supplier or
agent or other person under contract or otherwise commercially
associated or doing business with the ESIC during 6 (six) months before
the conclusion/termination of the project.
b. Induce any employee, customer, supplier or agent or other person under
contract or otherwise commercially associated or doing business with
the ESIC during 6 (six) months before the conclusion/termination of the
project to terminate, reduce or alter such employment, contract,
association or business with the ESIC or its affiliates.
c. Solicit or entice away or endeavor to solicit or entice away from the ESIC
any officer, manager or senior employee (including key management
personnel and other department managers and staff) of the ESIC or its
affiliates or employed by the ESIC at any time during the tenure of the
project to terminate their employment or engagement with ESIC or its
affiliates for any reason; but provided that the publication of a bona fide
general recruitment advertisement which is not, in its terms or by way of
the extent or mode of its publication, directed solely or primarily or
principally at such officers, managers, or senior employees, shall not be
a breach of this clause.
d. For the purposes of this clause, "solicit" shall mean any direct or indirect
communication, including but not limited to written, oral, electronic, or
social media communication, that is intended to persuade, encourage,
or entice an employee of the Company to terminate their employment
with the Company.
The Bidder agrees that it will not interfere with the contractual or
business relationships between the ESIC and its employees, clients,
customers, or vendors.
In the event of a breach of this clause, the ESIC may seek injunctive
relief and/or monetary damages, as well as any other remedies available
under applicable law.
1.38.7.
Confidentiality Clause
Page 18 of 142
The bidder undertakes to keep all confidential or proprietary information
confidential and use it only for the purpose of its responsibilities and
obligations under this Agreement. It agrees to not disclose any information
to any third party without the prior written consent of ESIC and take all
reasonable steps to protect the confidentiality of the information available
with it including using at least the same degree of care that it uses to
protect its own confidential information.
The bidder and its personnel/ employees/ labours/ workers etc shall not,
either during the term or after expiration of this contract/agreement/project,
disclose any proprietary or confidential information to any party relating to
the services, contract, or operations without the prior written consent of
ESIC.
The Bidder further undertakes that either during the term or after expiration
of this contract/agreement/project, it shall not use or disclose (either
personally or through its personnel/ employees/labours/ workers etc or
otherwise, directly or indirectly) or allow to be used or disclosed any
Confidential Information.
1.39.
Fraud and Corruption
1.39.1.
The ESIC requires that the bidder participating in selection
process adhere to the highest ethical standards, both during the selection
process and throughout the execution of a contract. In pursuance of this
policy, the ESIC:
a. Defines, for the purpose of this paragraph, the terms set forth below:
“Corrupt Practice” means the offering, promising, giving, receiving, or
soliciting, directly or indirectly, of anything of value which he is not
legally entitled to, to influence the action of a public official in the
selection process or in contract execution;
“Fraudulent Practice” means a willful misrepresentation or omission of
facts or submission of fake / forged Documents in order to influence a
selection process or the execution of a contract;
“Collusive Practices” means a scheme or arrangement whether formal
or informal, between two or more cases with or without the knowledge
Page 19 of 142
of the ESIC, designed to establish prices at artificial, non-competitive
levels, submission or non-submission of Bids;
“Coercive Practices” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in a
procurement process, or affect the execution of a contract.
b. ESIC will reject a proposal for award if it determines that the bidder
recommended for award has, directly or through an agent, engaged in
corrupt, fraudulent, collusive or coercive practices in competing for the
contract in question;
and
c. ESIC will take necessary action against the bidder for black-list a firm
or individual, including declaring the bidder ineligible, either indefinitely
or for a stated period of time, for award of a contract if at any time it is
determined that the bidder has, directly or through an agent, engaged
in corrupt, fraudulent, collusive or coercive practices in competing for,
or in executing a contract.
1.40.
Time period for completion of work:
1.40.1.
The period of the contract is initially for 03 years
1.40.2.
However, in case of unforeseen circumstances decided by DG,
ESIC, depending upon the satisfactory performance decided by Chief
Engineer, the tenure of the contract agreement may be extended for
another 02 (two) years on 1 plus 1 basis with the mutual consent of ESI
Corporation and the consultant / agency.
1.41.
Bid Validity
a. The bidder offer shall remain valid for 90 days after the last date fixed for
submission of bid including the extension (s) given on mutual agreement, if
any.
b. In case any bidder withdraws his bid before the said period or issue of letter
of acceptance, whichever is earlier, or makes any modifications in the terms
and conditions of the bid which are not acceptable to the ESIC, ESIC shall,
without prejudice to any other right or remedy, be at liberty to disqualify
Page 20 of 142
them from participation. Further, they shall also not be allowed to
participate in the re-bidding, if any
1.42.
Brief Description & Scope of work
As per details given in Section-3 (Scope of Work)
1.43.
Site Location:
The proposed site of work is at ESIC Hqrs, Delhi. However, the bidder is liable
to serve at All India Level.
1.44.
Submission of a bid by a bidder implies that he has read this notice and
all other contract documents and has made himself aware of the scope of the
work to be done and the rate quoted shall be inclusive of all statutory taxes
(except GST) and exclusive of GST. The GST shall be payable as per actual.
It must be understood & agreed that all factors have been properly investigated
and considered while submitting the offer. No claim for financial or any other
adjustments to contract price or completion time on account of lack of clarity of
such factors shall be entertained
1.45.
The bidder should not be under debarment from any Government, semi
Government, Autonomous bodies, CPSUs/State PSUs and municipal
corporations/ local bodies at the time of last date of submission of bid. The
bidder shall sign and submit the undertaking.
1.46.
The bid is invited from the intending and eligible bidders for the contract
period as mentioned in the bid document. However, in case of unforeseen
circumstances decided by Tender Accepting Authority, Bidder must be ready
to accept the extension of the contract with same terms and conditions.
2. Clarification and amendment of Bid Documents
2.1. Bidders may request for a clarification in respect of the Bid documents not later
than 24 hours before the pre-bid meeting date to the ESIC Hqrs, CIG Marg,
New Delhi, Contact No: 011-23235782, e- mail Id; chief-engr@esic.nic.in and
submit. However, ESIC reserves the right to respond to the queries after cutoff
date as mentioned above.
The format of pre-bid queries shall be as below:
Page 21 of 142
To,
Chief Engineer, ESIC Hqrs, CIG marg New Delhi
Sub:
Bidder’s
request
for
clarification
for
the
work/service
of
_____________________________________
Name of Organization
submitting request
Name & position of
person
submitting
request
Full formal address of the
organization including phone
and email points of contact
Address:
Tel:
Email:
S.No.
Bidding Document Reference(s) Content of RFP
requiring
clarification
Points
of
Clarification
required
Section
Clause no.
Page
2.2. The ESIC will respond in writing or clarify during pre – bid meeting or by
standard electronic means and publish the replies of queries at GeM and ESIC
website.
2.3. Pre — bid conference shall be held in hybrid mode on scheduled date, time
and place as mentioned in the Notice to clarify queries of intending bidders for
submission of bid for the work to be undertaken.
2.4. At any time before the submission of bid, ESIC may modify / amend the bid
document and extend the last date of submission / opening of the bid by issuing
a corrigendum / addendum.
Any Corrigendum / Addendum thus issued shall form part of bid document. To
give the bidder reasonable time to take an amendment into account in their
bids and on account of any other reasonable circumstances, ESIC may at its
discretion, extend the deadline for the submission / opening of the bid.
2.5. The intending bidders may raise their issue to concerned Chief Engineer
(Phone no.: 011-23235782, e- mail Id; chief-engr@esic.nic.in) and Bidders are
Page 22 of 142
also advised not to wait to raise any issues till the last date of submission of
bid in their own interest.
3. Tender Fee:
The bidders shall not pay any Tender fee for this tender, since the bidders are
required to download and upload the complete tender document from/on GeM.
4. Earnest Money Deposit (EMD)
4.1.1. Bidders have to deposit the Earnest Money (EMD) of Rs.48,77,058.00
(In words in favor of "ESIC Fund A/c No.1" payable at ESIC Hqrs, CIG
Marg, New Delhi.
4.1.2. Earnest Money in the form of e-Bank Guarantee/ Account Payee
Demand Draft/ Fixed Deposit Receipt/Banker's Cheque/ Bank Guarantee
(as applicable) of any commercial bank having validity for a period of 180
days for two bid systems (strike out as the case may be), (Drawn in favor
of ESIC Account no.1 payable at ESIC Hqrs, CIG Marg, New Delhi) shall
be scanned and uploaded to the e-tendering website within the period of
bid submission. The original EMD should be deposited within the period
as specified in NIT.
4.1.3. The eligible bidders such MSME as defined in MSE Procurement Policy
issued by Department of Micro, Small and Medium Enterprises (MSME) or
are registered with the Central Purchase Organization or the concerned
Ministry or Department [or Startups as recognized by Department for
Promotion of Industry and Internal Trade (DPIIT) under relevant category
for services, availing exemption from EMD shall enclose the supporting
document for exemption. However, the bid security declaration as per
Form-L shall be submitted in lieu of EMD
4.1.4. The earnest money given by all the tenderers except the highest
tenderer shall be refunded immediately after the expiry of stipulated bid
validity period or immediately after acceptance of the successful bidder,
whichever is earlier. However, in case of two/ three bid system, earnest
money deposit of bidders unsuccessful during technical bid evaluation etc.
Page 23 of 142
should be returned within 30 days of declaration of result of technical bid
evaluation.
5. Preparation of Bid Proposal
5.1. With respect to this document, the following definitions shall apply:
5.1.1. ‘Tender’ or ‘Bid’ shall mean Bidder’s offer to perform the Work/service,
in accordance with Bidding Document.
5.1.2. “Tender Document” or “Bidding Document” shall mean the documents
issued by ESIC through tender website including any subsequent addenda
to enable bidder to submit his Bid.
5.1.3. ‘Bidder’ or ‘Tenderer’ shall mean the person or company or firm who
receives the Tender Document and submits Tender or Bid to ESIC
5.1.4. The words ‘owner’, ‘purchaser’, ESIC, ‘Corporation’ have been used
interchangeably and would mean the same in expression and intent in
proper context. Also, the words ‘bidder’, ‘tenderer’, ‘contractor’, ‘Project
Implementation Unit’, ‘vendor’ has been used interchangeably and would
mean the same in expression and intent in proper context.
5.1.5. The words “Schedule of Rates” or “Bill of Quantities” or “Financial Bid”
have been used interchangeably and would mean the same in expression
and intent in proper context.
5.2. In preparing their offer to bid document, bidders are expected to examine in
detail the bid document. The bid shall contain documents stipulated in the bid
document.
5.3. The bid proposals, all related correspondence exchanged between the bidder
and ESIC and the contract to be signed after award.
5.4. Tender documents are nontransferable and shall always be & remain the
exclusive property of the Owner without any right with the Bidder to use them
for any purpose except for submitting the tender in accordance with the
provisions of these instructions by the prospective bidders and for use by the
successful Bidder with reference to the work.
5.5. The bidders should upload the legible scanned copies of all the relevant
certificates, documents etc.
Page 24 of 142
5.6. ESIC shall not hold any risk and responsibility for the loss in transit during
uploading of the scanned document, for the invisibility of the scanned
document online, and any other problem(s) encountered by the Tenderers
while submitting his bids online.
5.7. If any of the certificates, documents etc., furnished by the bidder is found to be
false/fabricated/bogus, the bidder will be blacklisted.
5.8. Conditional bid shall be rejected summarily.
5.9. Documents pertaining to Qualifying Criteria
Bidder shall have to furnish header line in all the relevant document duly signed
on each page on the uploaded documents pertaining to “Qualifying Criteria” as
mentioned in Section — 2 of bid document.
5.10.
At the e-tendering website, the bidder will find 02 (Two) covers
configured in the system as listed below:
5.10.1.
Cover I: For technical bid aspects of the offer of the tender
documents with “NO PRICE” indicated therein
5.10.2.
Cover II: For Financial bid proposals
5.11.
The bidders shall upload remaining of the pre-qualification documents
(as per the description given therein) in the “Other Important Documents”
category
6. Submission, receipt and opening of Bids
6.1. The Tender shall be submitted in “Two Bid System” in two parts viz. Part-I:
Techno- commercial Bid and Part-II: Price Bid as detailed below through
ONLINE MODE only:
Part-I (Techno-commercial Bid): Technical and commercial aspects of the
offer with the techno-commercial volumes of the tender document. NO PRICE
shall be indicated therein.
Part-II (Financial Bid): Schedule of Rates attached with the tender document
shall be filled in the BOQ format. This part shall CONTAIN ONLY PRICE and
no conditions whatsoever. Any condition mentioned in Part-II of the tender
shall not be considered at the time of evaluation of the tender.
Page 25 of 142
6.2. Each tenderer can submit only one bid. It is clarified that a Person shall be
deemed to have submitted multiple bids if he submits more than one bid either
individually or in any combination of person (individual capacity, proprietor,
affiliates, partnership, association of persons, company/ association of
Companies). All such multiple bids shall be liable for rejection.
6.3. Manual Bids submitted in any other form through Telex/ Fax/ Telegram/ E-mail/
Courier/ Registered Post/ manually/ Courier shall not be accepted.
6.4. The original bid including Financial Bid, shall not contain interlineations or
overwriting, except as necessary to correct errors made by the bidders. The
person who signed tender documents must initial such corrections.
6.5. An authorized representative of the bidder shall only sign the bid documents.
The authorization shall be in the form of a legally enforceable written power of
attorney duly authorized and shall be submitted along with bid.
6.6. The bidder shall scan and upload bids along with documents mentioned in the
Section-2, Qualifying Criteria to the e-tendering website within the period of bid
submission.
6.7. Bid document duly signed on each page by person duly authorized along with
Financial Bid as per Section — 4 (Bill of Quantities) duly quoted shall be
uploaded/filled in online (whichever provision provided in GeM/CPP portal as
applicable) and shall not include any commercial or technical condition /
information.
6.8. All the bidders will be required to quote their total quoted rates including all
taxes and levies exclusive of GST in Indian rupee. Bidder must ensure to quote
item rate only in appropriate column up to 2 (two) Decimals and these decimals
should be greater than zero.
6.9. The ESIC shall open the bid containing documents pertaining to Qualifying
Criteria after the deadline and for verification from the originals if any, the
financial bid shall remain securely stored.
6.10.
All corrections and alterations in the entries of tender papers shall be
signed and stamped by the Tenderer before uploading their digitally signed
scanned copies
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6.11.
After submission of the bid, the bidder can re-submit revised bid any
number of times but before last time and date of submission of bid as notified.
6.12.
The documents as specified in Section-2, Qualifying Criteria as well as
in this tender document shall be submitted.
7. Bid Opening and Evaluation
7.1. Online bid documents submitted by intending bidders shall be opened only of
those bidders, who has deposited Earnest Money Deposit (EMD) and
uploaded the scanned documents as specified in NIT, are found in order
7.2. Evaluation of Qualifying Criteria
Qualifying Criteria shall be examined and evaluated by the Committee duly
constituted by competent authority based on documents uploaded on
GeM/CPP portal as applicable. No documents furnished or made available
after last date of submission of bid shall be considered for evaluation for
meeting qualifying criteria for opening of financial bid.
However, during evaluation and comparison of bids, the Tender Accepting
Authority on the recommendation of evaluation committee may ask the bidder
for clarifications on the bid/Shortfall document as per GFR/Manual of
procurement of works/Services/Goods as applicable. The request for
clarification shall be given in writing by e-mail or GeM/CPP portal as applicable,
asking the tenderer to respond by a specified date, and also mentioning therein
that, if the tenderer does not comply or respond by the date, his tender will be
liable to be rejected.
7.3. Evaluation of Financial Bid
7.3.1. All the bidders will be required to quote their total rates including all taxes
and levies exclusive of GST in Indian rupee for providing their Project
Implementation unit service. After the Technical evaluation is completed,
the ESIC shall notify to those bidders who have qualified. Bidders may
attend the opening of financial bid however the same is optional.
Page 27 of 142
7.3.2. The Financial bids of the qualified bidders shall then be opened in the
presence of the bidder’s representatives who choose to attend on the date,
time and place as mentioned in the GeM/CPP portal as applicable. The
financial bids shall be examined by a Committee duly constituted by
Competent Authority
7.3.3. The final selection shall be based on the acceptance of Committee
Report by the Competent Authority.
7.3.4. H— 1 bidder whose marks in QCBS evaluation are found highest shall
be considered for award of work as per due process. In case of tie, the
bidder having highest technical marks shall be considered for award of
work.
7.3.5. If the technical marks are also equal then bidder having highest average
annual turnover in last three year shall be considered for award of work
7.3.6. Against all expectations entertained by ESIC, if none of the participating
firms could be declared by the Selection Committee as the winner of the
bid, the bidding will be regarded as terminated.
8. Verification of Documents
8.1. After opening of Techno-Commercial Bid, Bidders may be called, if required,
for verification of documents uploaded on e-tender portal in support of the “BID
EVALUATION CRITERIA”. During verification, the respective uploaded bid
documents shall be cross-checked with the Original documents.
8.2. As the documents are being submitted by the bidders in tenders, the
responsibility of authenticity of documents shall be with bidders
8.3. In case it is observed that the H1 party has submitted forged documents,
necessary action for blacklisting/debarment of the bidder in line with GFR
2017, principles of natural justice after due opportunity of hearing and other
relevant guidelines shall be carried out including forfeiture of EMD.
8.4. The certified copy of all the scanned and uploaded documents as specified in
Notice inviting tender shall have to be submitted by the highest bidder only,
within a week physically from date of the opening of financial bids in the office
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of tender opening authority. However statutory documents may be verified from
online portal
9. Award of Contract
9.1. The work shall be generally awarded to the H1, bidder whose total score is
found highest as per due process subject to terms and conditions. Selection
shall be carried out strictly under QCBS methodology with Technical and
Financial weightage of 70:30. The bidder securing the highest combined
score shall be declared the most advantageous bidder.
9.2. Prior to expiration of the period of bid validity, the Authority will notify the
successful bidder by letter through registered post or email, that its bid has
been accepted. The notification of award shall specify the sum which the
Authority will pay the consultant in consideration of the execution and
completion of the contract.
9.3. The Competent Authority reserves to himself the right of accepting the whole
or any part of the bid and the bidders shall be bound to perform the same at
the rate quoted
9.4. The successful bidder shall have to execute the Agreement/contract attached
with the bid document as Form-G (Form of contract) for taking up work with
ESIC. Bidder shall quote his rates as per various terms and conditions of the
said form which will form part of the agreement
9.5. The Award of work, Execution and Completion of work shall be governed by
documents consisting of (but not limited to) Letter of Award / Work Order, Bid,
agreement/contract and Bid Document.
9.6. This Notice Inviting Tender shall form a part of the Contract Document. The
successful bidders/consultant, on acceptance of his bid by the Accepting
Authority, shall, within 15 days from the stipulated date of start of the
work/service, sign the contract consisting of:
9.6.1. The Notice Inviting Tender, all the documents including additional
conditions, specifications, scope of work, if any, forming part of the bid as
uploaded at the time of invitation of bid and the rates quoted online at time
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of submission of bid and acceptance thereof along with any
correspondence leading thereto.
9.6.2. Standard Form of bid for tender and contract of works in Section-5.
9.6.3. The
following
documents
shall
constitute
set
of
tender
document/contract:
a)
Notice Inviting e-Tender
b)
Quoting Sheet for bidder
c)
Instructions to Bidder
d)
Bill of Quantities (BoQ).
e)
Letter of Transmittal
f)
Acceptance of Tender/Bid Conditions (Form-E of NIT)
g)
Undertaking (Form-F)
h)
Integrity Agreement (Annexure-1)
i)
Addendum/Corrigendum, if any - Duly signed by authorized person
j)
Tender documents
k)
Pre-bid clarifications, if any
9.7. The successful bidder for the purpose of execution of work/service, progress
review and monitoring, shall submit, a detailed work schedule indicating their
work plan, forming part of Bid Document for consideration and approval by the
Competent Authority subsequent to letter of award of contract.
9.8. The Authority reserves the right at the time of award of the contract to increase
or decrease the quantity of works and/or services specified in the Work or other
terms and conditions. The increase or decrease in quantum of works will be as
per the extent rules and guidelines of the GFR-2017 and Manual for
Procurement of Services 2025.
10.
Rejection of bids
10.1.
The bid submitted shall become invalid if
10.1.1.
Bidder does not submit the EMD/ supporting documents for
exemption of EMD, if any.
10.1.2.
Bidders does not fulfill minimum qualification criteria prescribed in
the Tender Documents and found ineligible.
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10.1.3.
The bidder does not upload all the documents as stipulated in the
bid document
10.1.4.
If any discrepancy is noticed between the documents as uploaded
at the time of submission of bid and hard copies as submitted physically
by the highest bidder in the office of Tender Opening Authority.
10.1.5.
If a tenderer quotes nil rates against each item in item rate tender
or does not quote any percentage above/below on the total amount of the
tender or any section / sub head in percentage rate tender, the tender shall
be treated as invalid and will not be considered as highest tenderer.
10.1.6.
Bidder incorporated modification in BoQ format by any means.
10.1.7.
Bidder submits the tender after due date and time.
10.1.8.
Bidder is blacklisted/Debarred (Debarment shall be decided as
per GFR 2017 amended time to time)
10.1.9.
Any other conditions as per provisions of GFR/CVC updated till
date.
10.2.
The Competent Authority does not bind itself to accept the highest or
any other bid and reserves to itself the authority to reject any or all the bids
received without the assignment of any reason and liability to the bidders. All
bids in which any of the prescribed condition is not fulfilled or any condition
including that of conditional rebate is put forth by the bidders shall be
summarily rejected.
11.
Performance Guarantee:
The Bidder whose bid is accepted will be required to furnish Performance
Guarantee of 5% (Five Percent) of the contract value within 15 days from date of
award of work or as requested by ESIC. This guarantee shall be in the form of e-
Bank Guarantee/ Account Payee Demand Draft/ Fixed Deposit Receipt/Banker's
Cheque/ Bank Guarantee (as applicable) of any commercial bank form in favor of
“ESI Fund A/C No. 1” payable at ESIC Hqrs CIG Marg, New Delhi.
The earnest money deposited along with bid shall be returned after receiving the
aforesaid performance guarantee.
Page 31 of 142
In case the Project Implementation Unit fails to deposit the said performance
guarantee within 15 days from date of award of work or as requested by ESIC, the
Earnest Money deposited by the Project Implementation Unit shall be forfeited
automatically without any notice to the Project Implementation Unit.
Performance Guarantee shall be released after 60 days beyond the date of
completion of all contractual obligations of the Project Implementation Unit
satisfactorily.
12.
Forfeit of EMD
12.1.
The bid for the works shall remain open for acceptance for a period of
90 (Ninety) days from the date of opening of technical bids. Further,
12.1.1.
If any tenderer withdraws his tender or makes any modification in
the terms & conditions of the tender which is not acceptable to the ESIC
then the ESIC shall without prejudice to any other right or remedy, be at
liberty to forfeit the earnest money absolutely irrespective of letter of
acceptance for the work is issued or not
12.1.2.
In case of forfeiture of earnest money as prescribed above, the
bidders shall not be allowed to participate in the rebidding process of the
same work.
13.
Confidentiality
Information relating to evaluation of bids and recommendations concerning awards
shall not be disclosed to the bidders who submitted the tender or to other persons
not officially concerned with the process. The undue use by any bidder of
confidential information related to the process may result in the rejection of its
tender and may be debarred from participating in future tenders.
14.
Default of bidder/Agency:
If the performance of the contract is not satisfactory and not corrected within days
defined in notice, then ESIC shall be at liberty to terminate the contract and get the
work executed through other means at the risk and cost of the Bidder/Agency. In
this case the extra/excess amount incurred by the ESIC will be recovered out of
any dues payable to agency for this project / any other project or through court of
Page 32 of 142
law. In case of termination of contract by ESIC, the Bidder will submit their final bill
with documents within one month
15.
Integrity Pact:
The bidder shall submit the pre-contract integrity pact as per the Form-H and
Annexure-1 duly sealed and signed by the authorized person of the agency along
with the technical bid. In the event of his failure to sign and upload the Integrity
Pact along with other bid documents, the bid shall be rejected.
Page 33 of 142
SECTION-2
QUALIFYING CRITERIA
Page 34 of 142
A. The bidder who fulfills the following requirements shall be eligible to apply. Joint
ventures are not accepted. The minimum qualifying criteria is as below:
i.
The bidder should have registered Company or Firm with experience
and expertise with delivering the similar nature of service in Central
Government or State Government Public Sector Undertakings (PSU) /
Central
Government
or
State
Government
Departments
or
Organizations(PWD/PWO)/ Central Government or State Government
Public Sector Enterprises (PSE)/Private Companies i.e., providing
Program Management Consultancy (PMC) services for monitoring of
Construction of Hospital Buildings / Medical Institute / Dispensary / Office
Buildings/Commercial Buildings etc..
ii.
Works Experience: The Bidder should have satisfactorily completed
similar works during the last Seven years ending previous day of last
date of submission of tenders for Central/State Government/Central
Autonomous Body/Central Public Sector undertaking/City Development
Authority/Municipal Corporation of city/ others. This should be certified
by an officer not below the rank of Executive Engineer/Project Manager
or equivalent:
a. Three similar works each costing not less than the amount equal
to Rs.9,75,41,160,
OR
b. Two similar works each costing not less than the amount equal
to Rs.14,63,11,740,
OR
c. One similar work costing not less than the amount equal to
Rs.19,50,82,320.
For similar completed works the final cost as mentioned in the
completion certificate issued by competent authority i.e. authorized
person of client/department shall be considered for determining the
costing as mentioned above for evaluating the qualifying criteria
The value of completed works shall be brought to the current costing
level by enhancing the actual value of work at a simple enhancement
Page 35 of 142
rate of 7 % per annum calculated from date of completion to last date of
receipt of application for bid document.
In case of Consultancy works of private nature other than Central/State
Government/Central
Autonomous
Body/Central
Public
Sector
undertaking/City Development Authority/Municipal Corporation of city,
they shall be required to submit T.D.S. certificates for Consultancy works
issued by respective clients.
iii.
Annual Turnover: Average annual financial turnover of bidder from
consultancy services should not be less than Rs.7,31,55,870/- during the
immediate last 3 (Three) consecutive financial years ending on 31st
March 2025. This should be duly certified by Chartered Accountant
(Scanned copy of Certificate from CA with Unique Document
Identification Number (UDIN) to be uploaded) along with audited
Balance Sheets and Profit & Loss account. The value of annual turnover
figures shall be brought to current value by enhancing the actual turnover
figures at simple rate of 7% per annum. Year in which no turnover is
shown would also be considered for working out the average.
iv.
Profit/Loss: The bidder should not have incurred any loss (profit after tax
should be positive) in more than two years during available last
consecutive 5 (five) years ending 31st March 2025 along with balance
sheet, duly audited and certified by the Chartered Accountant.
v.
Banker's Certificate from a Commercial Bank: Banker's Certificate of the
amount equal to Rs. 9,75,41,160/- OR
Net worth certificate of minimum Rs.2,43,85,290/- issued by certified
Chartered Accountant with UDIN. The net worth should not have eroded
by more than 30% (thirty percent) in the last three financial years, ending
on 31st March 2025.
1.1.
Definition of Similar Works:
The definition of similar works shall be as under:
Project Management Consultancy (PMC) services/Providing professionals for
Advisory or Consulting services/ monitoring of construction projects like
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hospital/residential/Office/ for monitoring of Construction of Hospital Buildings
/ Medical Colleges / Office Buildings/ Institutional/Residential/Commercial
buildings.
2. Even though any bidder may satisfy the above requirements, he would be liable to
disqualification if he has:
a. Made misleading or false representation or deliberately suppressed the
information in the forms, statements and/ or enclosures required in the
eligibility criteria document.
b. Record of poor performance such as abandoning work, not properly
completing
the
contract,
or
financial
failures/weaknesses/Debarred/
Blacklisted etc.
3. Performance Evaluation Criteria: The bidders qualifying the initial criteria as
mentioned above in para 1 of this section shall be evaluated on QCBS criteria on
the basis of details furnished by them.
For Selection of bidder, Quality cum Cost Based Selection (QCBC) method with
Technical: Financial weightage of 70:30 respectively is adopted. The individual cut-
off marks for technical bid evaluation is 50%, with overall cut-off of 70% The bidders
qualifying in technical evaluation, i.e., having minimum 70% marks shall be eligible
for financial bid evaluation. The marks distribution is as detailed below: -
S. No.
Technical Bid Evaluation Essential Parameters Max Marks
Cut-off
Marks
3.1
Financial Strength
20
10
3.2
Organization strength and capability
30
15
3.3
Past Experience and Performance of work
50
25
Total Marks
100
70
3.1 Financial Strength
S.
No
.
Essential
Max
Mark
Criteria
1
Average Annual Financial
turn over in last 3 financial
Years.
10
i.
60% marks for minimum eligibility criteria.
ii. 100% marks for twice the minimum eligibility
criteria or more.
Page 37 of 142
In between (i) & (ii) - on pro-rata basis
2
Annual Profit (profit after
tax) in last 5 years
6
i.
Positive Annual profit in 5 years: 4 marks
ii. Positive Annual profit in 4 years:3 marks
iii. Positive Annual profit in 3 years: 2 marks
The bidder is to attach the details as Form D-1 with
supporting documents certified by Authorized
Signatory.
3 Solvency/
Banker
certificate have solvency
of Rs.9,75,41,160/-
Or Net worth certificate as
per
of
minimum
RS2,43,85,290/- of the
budgeted cost put to
tender
4
i.
60% marks for minimum eligibility criteria.
ii. 100% marks for twice the minimum eligibility
criteria or more.
In between (i) & (ii) - on pro-rata basis
3.2Organization Capability
S. No
Essential
Max marks
1
Presence of in-house professionally
qualified technical staff as key
personnel
30
Criteria
Sl.
No.
Position
Minimum Qualification
Base
marks
Additional marks
Max
Mark
1
Team leader
Post Graduate Engineer in civil
engineering with min. 20 years of
experience
in
project
management/civil industry and shall
have 5 years of experience in
healthcare.
Experience
with
scheduling software e.g. Primavera
P6, MS projects, BIM etc and
Familiar with web - based tools
Experience
with
Program
Management
documentation
standards for schedules.
3
1
mark
for
additional 2 years
of
experience
above
minimum
experience.
5
2
Senior
Finance
Expert
Chartered Accountant (CA) or MBA
(Finance)
from
a
recognized
institution with minimum 12 years
of professional experience in project
finance,
fund
flow
management/financial oversight of
large-scale infrastructure projects
2
1
mark
for
additional 2 years
of
experience
above
minimum
experience.
3
Page 38 of 142
Familiarity with statutory audit
requirements,
financial
documentation standards
Proficiency in financial modeling
tools, ERP systems, and MS Excel for
project monitoring.
3
Senior Civil
Engineering
Expert
Graduate
Engineer
in
civil
engineering with min. 15 years’
experience in construction industry
3
1
mark
per
healthcare
assignment
in
which
personnel
is/was deployed.
4
4
Senior
Electrical
Engineering
expert
Graduate Engineer in electrical
engineering with min. 15 years’
experience in construction industry
especially in electrical/MEP
3
1
mark
per
healthcare
assignment
in
which
personnel
is/was deployed.
4
5
Contracts/
Procurement
Expert
Graduate engineer in engineering
with min. 12 years of experience in
procurement of works/ services,
Contract management, resolving
contractual
issues,
arbitration
matters, etc
2
1
mark
for
additional 2 years
of
experience
above
minimum
experience.
3
6
Senior
Architect
Graduate engineer in Architecture
with
minimum
15
years
of
experience out of which 5 year
experience in Healthcare projects
3
1
mark
for
additional 2 years
of
experience
above
minimum
experience.
4
7
Senior
Estimate /
QS Expert
Graduate engineer in civil/electrical
engineering with minimum 12 years
of experience in preparation of
estimates in construction projects
and
Quantity
surveyor
in
construction industry
2
1
mark
for
additional 2 years
of
experience
above
minimum
experience.
3
8
Project
Coordinator
Graduate
Engineer
in
civil
engineering with min. 15 years of
experience
in
project
management/civil industry
Experience
with
scheduling
software e.g. Primavera P6, MS
projects, BIM etc and
Familiar with web - based tools
Experience
with
Program
Management
documentation
standards for schedules.
2
1
mark
for
additional 2 years
of
experience
above
minimum
experience.
4
3.3Past Experience & Performance of works:
Page 39 of 142
S.
No
Essential
Max
Mark
Criteria
1
Experience in similar works
during last seven years:
Projects
successfully
completed
30
Cost of service done
Marks Maximum
marks: 30
> Rs.39,01,64,640.00
30
Rs.29,26,23,480.00 to
Rs.39,01,64,640.00
24
Rs. 19,50,82,320.00 to
Rs.29,26,23,480.00
18
Rs.14,63,11,740.00 to
Rs.19,50,82,320.00
9
Rs.9,75,41,160.00 to
Rs.14,63,11,740.00
6
The bidder is to attach the details as
attachment
Form-C
certified
by
Authorized Signatory of bidder.
2
Relevant
experience
in
completing the similar work
for Medical Colleges or
Hospitals, involving either
hospital or medical colleges
during last seven years
15
i.
Each hospital project (<200 beds)- 3
marks
ii. Each hospital project (≥200 beds)- 4
marks
iii. Each medical college project (<100 seats)
– 4 marks
iv. Each medical college project (≥100 seats)
– 5 marks
Maximum marks is 15 marks
The bidder is to attach the details as per form-
C-1 with supporting documents certified by
Authorized Signatory.
3
Number
of
years
of
experience
in
PMC/consultancy services
for similar works
5
i. 8 -10 Years: 2 Marks
ii. 10 - 12 Years: 3 marks
iii. 12+ years of Experience: 5 Mark
The bidder is to attach the details as
attachment C-1 with supporting documents
certified by Authorized Signatory.
Total marks
50
Page 40 of 142
Note:
i.
All the above parameters may be considered for assessing the overall
aspects of work executed by the bidder.
ii.
In case, any attribute is not applicable, the same may not be included in
assessment and mentioned are not applicable (N/A)
iii.
Marks for value in between the stages indicated above is to be determined
by straight line variation basis.
iv.
On the basis of the combined weighted score for quality and cost, the
bidder 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 shall be recommended for award of contract.
In the event two or more bids have the same score in final ranking, the bid
with highest technical score will be H-1. If technical score of bidders will be
same then bidder having highest Average annual turnover will be H-1.
In such a case, an Evaluated Bid Score (B) will be calculated for each
responsive Bid using the following formula, which permits a comprehensive
assessment of the Bid price and the technical merits of each Bid:
B= (Clow/C)*100*X + (T/Thigh)*100*(1-X)
where C = Evaluated Bid Price
Clow= the lowest of all Evaluated Bid Prices among responsive Bids
T = the total Technical Score awarded to the Bid
Thigh = the Technical Score achieved by the Bid that was scored best
among all responsive Bids
X = weightage for the Price as specified in the BDS i.e, 30%
The Bid with the best evaluated Bid Score (B) among responsive Bids shall
be the Most Advantageous Bid.
An illustration is given below:
As an example, it was decided to have minimum qualifying marks for technical evaluation is
70% with individual cut-off of 50%and the weightage of the technical bids and financial bids
kept as 70:30.
In response to the tender, six proposals, A, B, C, D, E & F were received. The technical
evaluation committee awarded the following marks as under:
S.No.
Bidder
Technical evaluation
Min.
qualifying
criteria
Whether Qualified
in
technical
evaluation
(T/Thigh)*100
(Points)
Financial
Strength
Org.
strength
and capability
Past Exp. &
Perf. of work
Total mark
Page 41 of 142
(20 mark)
(30 mark)
(50 mark)
(100
marks)
Col 1
Col 2
Col 3
Col 4
Col 5
Col 6
Col 7
Col 8
Col 9
1
A
15
20
40
75
70
Yes
75/90 = 83
2
B
15
20
45
80
70
Yes
80/90=89
3
C
20
25
45
90
70
Yes
90/90 = 100
4
D
15
08
40
63
70
No
Not qualified in col
4.
NA
5
E
18
26
24
68
70
No
Not qualified in col
5. And col 6.
NA
6
F
13
18
35
66
70
No
Not qualified in col 6
NA
The financial proposals of each qualified bidder were opened and evaluated the quoted prices
as under:
S.No.
Bidder
Financial proposal (C) Rs.
(Clow/C)*100
(Points)
1
A
35,00,000
(20,00,000/35,00,000)*100 =57
2
B
20,00,000 (Clow)
(20,00,000/20,00,000)*100 =100
3
C
25,00,000
(20,00,000/25,00,000)*100 =80
In the combined evaluation, thereafter, the combined technical and financial score as under:
Proposal A: 57x0.30 + 83x0.70 = 75.2 points.
Proposal B: 100x0.30 + 89x0.70 = 92.3 points
Proposal C: 80x0.30 + 100x0.70 = 94 points.
The three proposals in the combined technical and financial evaluation were ranked as under:
Proposal A: 75.2 points: H-3
Proposal B: 92.3 points: H-2
Proposal C: 94 points: H-1
Proposal C at the quote rate of Rs.20,00,000/- is H1, therefore, declared as eligible for Award
of work.
Page 42 of 142
4. Documents to be furnished for evaluation of bids:
Bidders should ensure to upload complete details with their bids since the bids being
evaluated only on the documents submitted with the bids on the website. Note that no
additional documents, except for clarifications or revisions of those already submitted,
will be accepted after the bid submission deadline. The required documents are
mentioned below:
i.
Self-attested copies of Certificate of Registration
ii.
Earnest Money Deposit (EMD) or if EMD is submitted in form of BG, Bank
Guarantee of Nationalized or any scheduled Commercial Bank against EMD
as per NIT proforma as Form-I or supporting document in case of opting
exemption from EMD along with bid security deceleration as in Form-L
iii.
Copies of certificates in respect of execution / completion of similar works
to establish eligibility as mentioned para 1 (ii) of this section.
iv.
Certificate from Chartered Accountant mentioning financial turnover of last
3 (three) years to establish eligibility as mentioned para 1 (iii) of this section.
v.
Copies of Audited Balance Sheet(s) and Profit & Loss Accounts for last five
(5) financial years ending 31st March _2025___ duly certified by the CA 2025
vi.
The bidders are required to upload and submit page of summarized Balance
Sheet (Audited) and also page of summarized Profit & Loss Account
(Audited) for last five years.
vii.
Integrity pact duly signed by the bidder (Form-H). The bidders are required
to download the Integrity agreement as uploaded in the tender documents,
and sign on the same, put rubber stamp/seal and upload the signed copy.
viii.
Authority letter issued by the Competent Authority for signing the bid
document.
ix.
Details of Key Personnel proposed to be deployed on Project
x.
All the tender documents, supporting documents and entire Corrigendum (if
any) shall be duly signed by the authorized person.
xi.
Pre-bid clarifications
xii.
Letter of Transmittal- Section-5
Page 43 of 142
xiii.
Banker's Certificate from a Scheduled Bank for solvency (Form-B) or
Networth certificate
xiv.
Self-attested GST certificate
xv.
Self- attested PAN card
xvi.
An affidavit declaring that the bidder is not debarred/restrained/ black listed
by any Central Govt. / State Govt. agency/Statutory Authority Autonomous
body of the Central or State Govt./PSU at the time of last date of bid
submission
xvii.
Self-attested ESIC Registration, if not applicable then an affidavit in this
matter to be enclosed / uploaded that firm has never been employed 10
people on any particular day and never been coverable under ESI Act.
xviii.
Self-attested EPFO Registration, if not applicable then an affidavit in this
matter to be enclosed / uploaded that firm has never been employed 20
people on any particular day and never been coverable under EPFO Act.
xix.
Forms and Annexure as required in the tender document.
xx.
Checklist to accompany the tender
xxi.
Any other document as deemed fit as per bidder.
Note: ESIC reserves the right to seek further details beyond date of opening of
bid pertaining to qualifying criteria
Page 44 of 142
[Section-3]
Scope of Work
Page 45 of 142
Brief Description & Scope of Work
1. Objective
The objectives for engaging a Project Implementation Unit are to ensure
effective project management in coordination with ESIC and PMC for the
construction/ up-gradation of ESI’s establishments spread over large
geographical area. It shall ensure quality development of asset for long run
through monitoring of construction activities and keeping strict adherence to
schedule timeline with best value for money to the ESIC.
2. General
2.1 The Project Implementation Unit shall discharge its duties in an efficient
manner, consistent with the highest standards of professionalism and
Good Industry Practice.
2.2 The Project Implementation Unit must function in a manner to assist and
equip the ESIC to ascertain that the PMC shall execute the project in
holistic manner without time and cost overrun.
2.3 The Project Implementation Unit shall work closely with the ESIC to
monitor the project. The detailed scope of work of the Project
Implementation Unit during various stages of the project, to be aligned
with the provisions of the PMC Agreement.
2.4 PIU shall have end to end responsibility of delivering the project as per
scope of service defined in this document
2.5 The Project Implementation Unit shall submit the manpower deployment
schedule to ESIC.
2.6 If ESIC intends to replace the Project Implementation Unit’s
representative, the ESIC shall, not less than 30 days before the intended
date of replacement, give notice to the Project Implementation Unit with
details of relevant experience of the intended replacement Project
Implementation Unit.
2.7 The space and furniture for the establishing the office shall be given by
ESIC, however, desk top computers, UPS, laptops, printers,
combination copying / scanning / emailing / fax machines, servers for all
Programme data warehousing shall be arranged by Project
Implementation Unit. All these facilities should be established by the
Project Implementation Unit immediately (30 days), at their own cost.
Page 46 of 142
3. Scope of work for Project implementation unit (PIU):
The Scope of the Consultancy services is to assist ESIC in managing its
Construction Projects as Authority’s Engineer right from Concept Plan till the
successful completion, commissioning and handing over of the projects to ESIC
and comprehensively monitor and coordinate the works and activities carried
out by the Project Management Consultant (PMC) engaged by ESIC, on behalf
of ESIC. The PIU Agency will also monitor and assist in making compliance
with statutory norms related to existing ESIC Buildings including Pollution
Control Board, Fire Safety, NOC for UG Diesel Tanks etc. The agency will also
facilitate in the bidding process for selection of Project Management Consultant
(PMC), as per ESIC policy, framing of agreement/ MOU with PMC and
preparation of a Construction Supervision Manual outlining routines and
procedures to be applied in construction supervision and management in
accordance with requirements for which ESIC intends to take up service
support from Program Management Consultants (PMC). The PIU will also work
along with ESIC engineering wing in direct/self-execution of capital works right
from the stage of concept to commissioning of projects by providing expertise
in Architecture, Designing, Estimations, Tendering, Execution of works
including Quality Control.
List of the projects under the scope of PIU has been annexed at ANNEXURE-
3 for reference only. The list is indicative that may be increased or decreased
as per requirement.
4. Broad Objective of the PIU/Terms of References (TOR):
The Broad Objective of this PIU (the “Objective”) is to assist ESIC in managing
Construction projects as its Authority’s Engineer till the successful
completion, commissioning and handing over of project by ESIC by
comprehensively monitoring and coordinating the works and activities carried
out by the PMC and thereby eliminating delays and cost over runs in
construction projects.
In case of direct execution of works by ESIC, the PIU shall play the role of
Authority’s Engineer along with ESIC engineering wing in execution of works
end to end. PIU shall have end to end responsibility of delivering the project as
per scope of service defined in this document
The Terms of Reference are as under: -
Terms of References (TOR):
A.
Projects executed under Deposit works mode with PWO/PSUs:
1. PIU will assist ESIC in site selection for the project by inspecting the land
and checking the technical parameters set by ESIC time to time.
2. PIU will facilitate ESIC in bidding process in engaging Project
Management Consultant (PMC) through tendering by following due
procedures as per ESIC policy. PIU will assist ESIC in preparation of
Page 47 of 142
NIT/contract documents to invite tenders through competitive bidding for
new projects and subsequent framing of MOU/execution of contract.
3. PIU will coordinate with Project Management Consultant (PMC) to obtain
concept plans timely, review the same in a time bound manner and
assist ESIC in approving the concept plans timely in consultation with all
stake holders of the concerned project.
4. PIU will coordinate with PMC to obtain Preliminary estimates/Detailed
estimates timely, review the same in a time bound manner and assist
ESIC in approving the estimates timely.
5. PIU will coordinate with PMC to obtain required drawings, documents,
etc to apply for all necessary permissions/NOCs from local/statutory
authorities to start the work.
6. PIU will coordinate with statutory/local bodies and assist ESIC in
obtaining all necessary permissions/ NOCs from local bodies/statutory
authorities to start the project work in stipulated time.
7. PIU will pursue with PMC for completing the tender process within
stipulated time and start the work on ground.
8. PIU will monitor execution of works as per prescribed guidelines and
provisions of MoU/Contract between ESIC and PMC and ensure the
completion of project within scheduled time & within approved cost.
9. PIU will monitor execution of works by PMC as per their prescribed
Manuals/ESIC guidelines, monitoring quality checks by PMC as per QA
manual and TPQA observations of TPQA agencies, maintenance of all
project records, and ensuring timely completion of work as per mutually
agreed time schedule / milestones.
10. PIU will intimate Physical and Financial Progress of the Project and up
to date expenditure incurred on the Project on monthly basis to ESIC.
11. PIU will certify the expenditure statements for making payment to PMC,
ensuring expenditure statements are duly countersigned by authorized
Accounts Officers and the Engineer in-charge, not less than the rank of
Executive Engineer/ Project Manager of PMC. Also, to examine the
expenditure statements submitted by PMC in line with the work progress
at site and milestones defined for the project and enable ESIC in
releasing funds to PMC as per schedule and milestones specified and in
accordance with MoU.
12. PIU will certify Final expenditure statements/adjustment of advances
paid by ESIC to PMC for all Contracts and other expenditure incurred
related to Project Construction after the Completion of the Project.
13. PIU will examine and recommend any revised scope of work and there
by revised cost estimates/timelines for milestones given by PMC to
ESIC.
14. PIU will provide technical support to ESIC and coordinate with stake
holders to ensure compliance with the observations/requirements of
Statutory Authorities, Local Bodies, Municipal Corporation etc under
intimation to ESIC.
Page 48 of 142
15. PIU will provide all Project related information promptly to ESIC for
replying to Parliament Questions, queries from various Constitutional &
Statutory Authorities.
16. PIU will conduct periodic Project Review Meetings with PMC and other
Agencies for assessing the physical and financial progress of the work
and also for resolving issues, bottlenecks/hindrances, if any so as to
accelerate the progress of the work for achieving timely completion of
the Project.
17. PIU will participate in Monthly Project Review Meetings in ESIC HQ.
18. PIU will co-ordinate with PMC in Handing over to ESIC or its Authorized
Representative completed Buildings including all Services and Facilities
constructed in accordance with the Approved Plans, Specifications
fulfilling all techno-functional requirements agreed with ESIC along with
Inventory, As
Built –Drawings, Maintenance Manual / Standard
Operating Procedure (SOP) for Equipment and Plants, all Clearances /
Certificates from Statutory Authorities, Local Bodies etc.
19. PIU to monitor that PMC as per their MoU with ESIC implements the
required Health, Safety & Environmental (HSE) practices at the
construction sites and they also comply with all statutory obligations
related to workmen deployed at the Construction Site.
20. PIU will provide necessary support to ESIC in coordinating and
obtaining necessary Statutory Approvals / Permission / Clearances/
Certificates from the concerned State Governments/ Local Bodies &
Statutory Authorities like municipal Corporation, Town Planning Board,
Electricity Board / Fire Department, State / Central Pollution Control
Boards, State / Central Environmental Authorities, Airports Authority etc.
as applicable including obtaining Fire NOC/Building Completion /
Occupancy Certificates & Clearances for completed Buildings and
Facilities for putting them to functional use for intended purpose.
21. PIU will certify Project Completion Report (PCR) submitted by PMC
within one month of completion of project, which brings out the Final
Project Completion Cost, Total Time period taken to complete the
Project and also completed Project Components as against the
approved Cost, Time and Project Components.
22. PIU will examine and provide recommendations to ESIC in advance
about any excess expenditure likely to be incurred over and above the
approved estimated cost initially sanctioned and also about possibility
of Time Overrun along with reasons and justifications thereof for
necessary approvals from ESIC before committing / incurring the extra /
additional expenditure to PMC.
23. PIU will ensure that PMC has provided Detailed Progress Reports to
ESIC in the form of CPM Network on monthly basis for reviewing of the
progress of the work.
24. PIU to closely monitor the PMC is observing due diligence and adopting
all possible pre – emptive measures at various stages of execution of
works so as to avoid Arbitration / Litigation and other hindrances etc. for
Page 49 of 142
completing the Project within optimum cost and time in hassle free
environment.
25. PIU will assist ESIC in defending all Arbitration and Court Cases arising
out of execution of the works and examining the Arbitration
Award/Decree of Court of Law/Tribunal and forwarding the same along
with a comprehensive report on the circumstance leading to the
Arbitration/Court cases and the reasons and justifications as to why an
appeal against such award/decree was not considered necessary,
briefing
out
inter-alia,
details
of
the
award
and
clear-cut
recommendations.
26. PIU will intimate ESIC about any savings from sanctioned cost in
execution and liquidated damages, if any collected by PMC due to non-
conformity with contract agreement by contractor, which is to be
deposited to ESIC within 1 month of realization.
27. PIU will examine and recommend issues related to payment of
compensation / levies, if so required to be paid based on
recommendation by PMC related to the Project works, under the
Workmen’s Compensation Act or any other Act or Law of the Central or
the State Government.
28. PIU will examine and recommend issues related to settling and paying
the final claims which may be decreed by a Court of Law, Tribunal or by
award of an Arbitrator in relation to the deposit work.
B.
Projects executed by ESIC on Direct execution mode of Capital
project-
PIU as Authority’s engineer will assist ESIC engineering wing as per
following:
1. PIU will assist ESIC in site selection for the project by inspecting the land
and checking the technical parameters set by ESIC time to time.
2. PIU will prepare concept plans based on the standards set by ESIC time
to time and get approved those plans by ESIC timely.
3. PIU will prepare detailed designs/drawings of buildings and get it vetted
by IITs/NITs/Other reputed govt. agencies before implementation.
4. PIU will prepare detailed estimates based on the specifications set by
ESIC time to time and get the estimates approved by ESIC timely.
5. PIU will facilitate ESIC in bidding process for direct execution in
engaging construction agency (Contractor) through tendering by
following due procedures as per ESIC policy.
6. PIU will assist ESIC in preparation of NIT/contract documents to invite
tenders through competitive bidding for new projects and subsequent
framing of execution of contract.
7. PIU will coordinate with statutory/local bodies and assist ESIC in
obtaining all necessary permissions/ NOCs from local bodies/statutory
authorities to start the project work in stipulated time.
Page 50 of 142
8. PIU will directly supervise execution of works as per prescribed
guidelines and provisions of MoU/Contract between ESIC and
Contractor and ensure the completion of project within scheduled time &
within approved cost.
9. PIU will supervise works as per prescribed Manuals adopted by ESIC,
performing periodic quality checks as per QA manual.
10. PIU shall ensure the quality of work in compliance with all observations
made by TPQA.
11. PIU will maintain records as defined in works manual and ensuring timely
completion of work as per mutually agreed time schedule / milestones.
PMC shall monitor adequate availability of manpower for this purpose.
12. PIU will intimate Physical and Financial Progress of the Project and up
to date expenditure incurred on the Project on monthly basis to ESIC.
13. PIU will duly verify running bills submitted by contractors timely as per
the agreement clauses and recommend for making payment to
contractor by ESIC.
14. PIU will report work progress at site as per the milestones defined for the
project.
15. PIU will verify Final bills/adjustment of advances paid by ESIC, if any to
the contractor and recommend for settlement of project account in
stipulated time.
16. PIU will examine and recommend any revised scope of work and there
by revised cost estimates/timelines for milestones given by contractor
ESIC.
17. PIU will ensure compliance with the observations/requirements of
Statutory Authorities, Local Bodies, Municipal Corporation etc under
intimation to ESIC.
18. PIU will provide all Project related information promptly to ESIC for
replying to Parliament Questions, queries from various Constitutional &
Statutory Authorities.
19. PIU will conduct periodic Project Review Meetings with contractor for
assessing the physical and financial progress of the work and also for
resolving issues, bottlenecks/hindrances, if any so as to accelerate the
progress of the work for achieving timely completion of the Project.
20. PIU will participate in Monthly Project Review Meetings in ESIC HQ.
21. PIU will assist concerned ESIC user in-charge in Handing over to ESIC
or its Authorized Representative completed Buildings including all
Services and Facilities constructed in accordance with the Approved
Plans, Specifications fulfilling all techno-functional requirements agreed
with ESIC along with Inventory, As
Built –Drawings, Maintenance
Manual / Standard Operating Procedure (SOP) for Equipment and
Plants, all Clearances / Certificates from Statutory Authorities, Local
Bodies etc.
22. PIU will ensure that Contractor implements the required Health, Safety
& Environmental (HSE) practices at the construction sites and they also
comply with all statutory obligations related to workmen deployed at the
Construction Site.
Page 51 of 142
23. PIU will coordinate and obtain necessary Statutory Approvals /
Permission / Clearances/ Certificates from the concerned State
Governments/ Local Bodies & Statutory Authorities like municipal
Corporation, Town Planning Board, Electricity Board / Fire Department,
State / Central Pollution Control Boards, State / Central Environmental
Authorities, Airports Authority etc. as applicable including obtaining Fire
NOC/Building Completion / Occupancy Certificates & Clearances for
completed Buildings and Facilities for putting them to functional use for
intended purpose.
24. PIU will submit Project Completion Report (PCR) within one month of
completion of project, which brings out the Final Project Completion
Cost, Total Time period taken to complete the Project and also
completed Project Components as against the approved Cost, Time and
Project Components.
25. PIU will examine and provide recommendations to ESIC in advance
about any excess expenditure likely to be incurred over and above the
approved estimated cost initially sanctioned and also about possibility
of Time Overrun along with reasons and justifications thereof for
necessary approvals from ESIC before committing / incurring the extra /
additional expenditure to contractor.
26. PIU will provide Detailed Progress Reports to ESIC in the form of CPM
Network on monthly basis for reviewing of the progress of the work.
27. PIU to have due diligence and adopting all possible pre – emptive
measures at various stages of execution of works so as to avoid
Arbitration / Litigation and other hindrances etc. for completing the
Project within optimum cost and time in hassle free environment.
28. PIU will assist ESIC in defending all Arbitration and Court Cases arising
out of execution of the works and examining the Arbitration
Award/Decree of Court of Law/Tribunal and forwarding the same along
with a comprehensive report on the circumstance leading to the
Arbitration/Court cases and the reasons and justifications as to why an
appeal against such award/decree was not considered necessary,
briefing
out
inter-alia,
details
of
the
award
and
clear-cut
recommendations.
29. PIU will verify and recommend to ESIC about any savings from
sanctioned cost in execution and liquidated damages, if any due to non-
conformity with contract agreement by contractor.
30. PIU will also examine and recommend issues related to payment of
compensation / levies, if so required to be paid related to the Project
works, under the Workmen’s Compensation Act or any other Act or Law
of the Central or the State Government.
31. PIU will examine and recommend issues related to settling and paying
the final claims which may be decreed by a Court of Law, Tribunal or by
award of an Arbitrator.
32. The PIU agency will in addition, prepare a Construction Supervision
Manual (Works Manual) outlining routines and procedures to be applied
Page 52 of 142
in construction supervision and management of ESIC buildings in
accordance with requirements and Works Accounting Manual
33. The PIU will prepare and submit the annual work plans based on the
approved list of works (Capital Works) to CE, ESIC.
C.
Technical recommendation and Policy matters:
1. Preparation of tender document Detailed Project Reports (DPRs) or
detailed estimates, including technical justification and cost-benefit
analysis as required by ESIC.
2. PIU will prepare Works Manual and Works Accounting Manual to be
implemented in ESIC in case of self-execution of various works.
3. Formulation
of comprehensive policy
and
standard operating
procedures (SOPs) for:
i. Self-execution of works up to the prescribed monetary limit.
ii. Delegation of financial and administrative powers.
iii. Quality assurance, safety, and sustainability norms.
iv. Engagement of consultants, vendors, or specialized agencies.
4. Preparation and standardization of tender documents, including:
i. General and special conditions of contract.
ii. Eligibility criteria, bid evaluation methodology, and selection
criteria.
iii. Standard templates for BOQ, NIT, and comparative statements.
iv. Clauses for defect liability, performance guarantee, and penalty
for delay.
5. Framing of manuals and checklists for design review, site supervision,
material testing, and completion certification.
6. Development of standard policy documents for rate adoption
(CPWD/DSR-based), escalation, and variation control.
7. Preparation and vetting of architectural drawings etc.
8. Recommendation for the estimates within the power of CE
9. Technical advice and recommendation to the ESIC as and when
required.
10. The PIU Agency will also monitor and assist in making compliance with
statutory norms related to existing ESIC Buildings including Pollution
Control Board, Fire Safety, NOC for UG Diesel Tanks etc
Page 53 of 142
Note: It is also stated that there are several other projects at the preliminary
conception level which have not yet been approved at any stage and are likely
to be added over the next year or so, gradually flowing into the aforementioned
categories. At the same time, some of the existing construction projects are
likely to have been completed and may go out of the lists. Overall therefore, the
lists of projects would be dynamic in nature.
5. Model Structure for PIU Interface:
On behalf of ESIC, the PIU would be interfacing with PMC as Authority’s Engineer
and will be responsible for all the deliverables pertaining to the Project at Project
Site. Model structure for the PIU Interface would be as under: -
ESIC
Project Implementation Unit (PIU)
(As Authority’s Engineer)
Project
Management
Consultant/Contractor
Coordination
with
statutory
authorities/agencies involved for
approvals and clearances of
projects.
6. Key Deliverables (Deposit works):
The Services to be delivered by the PIU as Authority’s Engineer during the
monitoring of the “Project” shall include but not limited to the items listed below
with respect to the structure, finishes, services, utilities and other related works for
the Project.
Table-1
S.NO
Key Deliverables
Target to Achieve
Pre-Construction Stage
1.1
Project Site
Selection
PIU in consultation with site selection committee will
inspect the project site proposed by state govt/local
bodies and provide the feasibility report to ESIC
based on the technical parameters set by ESIC time
to time.
Page 54 of 142
S.NO
Key Deliverables
Target to Achieve
1.2
Facilitate ESIC
in Engaging
(PMC) for
execution of
works
PIU will facilitate ESIC in bidding process in
engaging PMC through tendering by following due
procedures as per ESIC policy. PIU will assist ESIC
in preparation of NIT/contract documents to invite
tenders through competitive bidding for new
projects and subsequent framing of MOU/execution
of contract.
1.3
Approvals for
Concept Plan
Coordinate with PMC in obtaining Concept Plans
timely and review the Concept Plans submitted by
PMCs in a time bound manner and assist ESIC in
approving the same timely in consultation with all
stake holders of the concerned project. Review the
concept plan with respect to the standard plans
devised by ESIC and also examine with respect to
the extant specifications/best practices in the
industry related to Fire Safety, Pollution Control
Board, etc.
1.4
Sanction of
Estimates
Coordinate with PMC in obtaining Estimates timely
and review the Estimates submitted by PMCs based
on the approved concept plan and assist ESIC in
approving the same timely. Estimate to be reviewed
based on the methodology of construction, standard
specifications and their adoptability. Also, to ensure
the compliance with extant provisions of CPWD
codes/Manuals and other relevant matter such as
NBC, NDMA, Environmental, Fire norms, etc and
rules that are in force.
1.5
Project
Scheduling
Coordinate with PMC in obtaining detailed activity-
wise
Master
Programme
with
intermittent
milestones for the entire project and identify the
specific
activities/milestones
with
inter-activity
dependency, sequencing and activity duration (Bar
charts, PERT, CPM, etc.)
Review, comment and finalize PMC’s detailed
programme of activities commensurate with the
MoU provisions.
Review the work breakdown structure (WBS)
submitted by the PMC for the project dividing the
scope into smaller work sections / items for better
monitoring.
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Identify key project risks, bottlenecks in consultation
with PMC and other stake holders of the project and
help ESIC in devise plans to mitigate them timely.
Identify Critical Path Activities and establish sign off
dates for key activities/milestones in consultation
with PMC
Check on long lead items for procurement of
material and equipment to be procured by PMC or
ESIC.
1.6
Quality & Safety
Assurance
Obtain Quality Assurance plan (QA) as well as HSE
implementation plan along with an appropriate and
efficient mechanism from PMC and monitor their
effective implementation at site by PMC. PIU also to
verify periodic QA reports submitted by Third Party
Quality
Assurance
(TPQA)
agencies
and
recommend remedial measures to ESIC to improve
quality of construction.
2. Construction Stage
2.1
Project
Management
PIU will be fully responsible for getting the project
work executed as per drawings, specification and
quality within sanctioned cost and stipulated time
period
through
PMC
and
through
the
contractor(s)/Vendors engaged by PMC/ESIC. PIU
will monitor the compliance of the quality, cost and
schedule, and to this end advise ESIC on critical
matters to monitor project is delivered as per the
relevant criteria, as set forth during the design
and/or tendering phase.
Review and advise ESIC in value engineering,
alternate designs, material and methods, cost
optimization wherever perceived as feasible.
Analysis for the various project related activities with
reference to time frame, resource allocation &
scheduling using latest techniques and software as
approved by the ESIC
PIU will make all engineering decisions in
consultation
with
ESIC
including
necessary
correspondence with PMCs required for the
successful & timely completion of the Project. Any
variation in scope of work or Quantities/items
beyond approvals should be duly brought to the
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Key Deliverables
Target to Achieve
notice of ESIC for its approvals before executing the
same.
PIU should provide necessary data required for swift
decision making, if any required by ESIC.
PIU shall also monitor that the contract clauses
whether related to quality or quantities of work are
respected
and the
works are executed
in
accordance with its provisions by PMC.
PIU will monitor adherence to relevant, govt.
specifications, BIS codes, CVC guidelines, design
guidelines set by the consultant, environment and
other regulatory requirements and will also monitor
observance of all formalities/ documents/ day to day
activities as per standard codal provisions.
PIU will render due assistance in discharge of their
duties to any Government agency or
any
independent agency hired by ESIC for any
technical/quality
audit/financial
audit
of
construction.
Monitor compliance by the PMC pertaining to the
environmental and statutory concerns in the
construction site during & post construction stage,
including compliance with labour laws.
2.2
Coordination
with Authority
Monitor applications for statutory approvals and
consents are submitted in accordance with program
and bring ESIC’s attention to any potential delays.
In case of any deviation from the preliminary
approved drawings during works, PIU should
ensure timely referral to ESIC for approval.
Review and certify the expenditure statements of all
the projects executed by PMCs and monitor cost
expenditure against sanctioned amounts.
Assist ESIC in taking over of various parts of works
and of various systems including but not limited to
final inspection, snagging, supervision of testing and
commissioning of various systems.
If required PIU shall prepare draft replies and get it
vetted from ESIC in replying to the observations
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Target to Achieve
made by CTEs branch/ CAG Audit/ Vigilance etc., if
required.
At the end of every financial year and at the end of
the project, PIU shall submit an expenditure and
utilization of funds statement with in 30th April of the
following year.
2.3
Coordinate with
other
stakeholders
PIU is responsible for coordinating with various
agencies for smooth project execution on behalf of
ESIC.
Conduct periodic site meetings to monitor progress
of work, co-ordinate activities of all agencies and
ensure that all outstanding matters, drawings and
decisions are resolved.
Provide effective coordination between various
agencies working at the site to ensure timely
availability of the inputs required for un-interrupted
construction.
Review monthly progress of the works, compare
with planned program and submit status report
along with recommendations to PMC and ESIC to
catch up with any delays.
PIU would coordinate with the agencies for
providing / making good the deficiencies to avoid
any delay on the project
2.4
Monitoring,
Quality check
and Record
keeping
Day-to-day monitoring of work for proper quality,
workmanship being maintained by PMCs. Quality
assurance and timely completion of the work by
employing adequate number (approved by ESIC for
ESIC project(s)) qualified engineers capable of
ensuring quality and timely completion of work as
per the instructions from ESIC.
Monitoring should ensure that construction is as per
approved method statement and right sequence of
construction is followed. To issue Non-Conformity
reports (NCR) to the Contractor for all the works
being executed without adhering to the quality plans
or standards.
Ensuring establishment of quality labs by the PMC
with sufficient equipment & tools, with valid
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calibration certificates, are made available to carry
out tests as per the Quality Assurance Plan of PMC.
Real-time
quality
monitoring
&
reporting
dashboards, as per the formats provided, for the
Management at the ESIC, Headquarters.
Review and put in place a Quality Assurance Plan
as well as a Safety Assurance Plan along with an
appropriate and efficient mechanism to monitor their
effective implementation at site.
Monitor that PMC making documentation of quality
procedures implemented
Inspection,
supervision
of
testing
and
commissioning
of
various
systems
including
Building Management System and assisting ESIC in
taking over of various parts of works and of various
systems
PIU will review that all warranties and guarantees
on equipment/fixtures etc. procured by the firms
shall be in the name of ESIC.
Monitor Inspection and test materials and work as
required. The third-party quality assurance agencies
have been appointed.
PIU shall place control mechanisms to avoid time
and cost overruns.
2.5
Procurement
Review and approve procurement of various
materials by PMC. Monitor those materials used
meet the specifications given with standards of
quality and approved makes.
PIU to ensure that all warranties and guarantees on
equipment/fixtures etc. procured by PMCs shall be
in the name of ESIC.
The PIU to monitor that all mandatory tests on
materials have been carried out at various stages as
per applicable codes of Bureau of Indian Standards
by PMC & maintain such records. Provide exception
reports for failure of tests (if any) along with
remedial/corrective action.
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Key Deliverables
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2.6
Timeline
PIU shall ensue that the project is executed in a time
bound manner and hand over the finished building/
other works completed in all respect certified by
ESIC within the time limit of construction period
starting from the effective date.
PIU shall place control mechanisms to avoid time
and cost overruns.
2.7
Reporting
PIU should apprise the ESIC on the progress of the
project, generate and submit time-to-time progress
reports to ESIC in the agreed formats in registers/
digital logs and otherwise, and at the agreed
frequency.
For this all the necessary data relevant to the
execution of work including materials brought and
consumed at the construction site, hindrances if
any, records of daily labour deployed etc. shall be
maintained. (In case of self-execution by ESIC)
Generate and submit Monthly Progress Report
(MPR) to Authority by email and hard copies in the
agreed formats. For this all the necessary data
relevant to the execution of work shall be
maintained.
While
generating
MPR,
the
methodologies followed for program management
would be explained to the concerned ESIC’s
Engineer, which will be specified for each project so
as to get him trained in the program management
principles.
Provide presentations to ESIC or its representatives
as and when required to various stakeholders of the
project, as and when required.
Provide all documents / reports / statements of facts
/ counter statement of facts for settling Audit / CTE's
observations and arbitration or court of law cases
etc. including attending the hearings as and when
required by the ESIC and providing necessary
support as may be required by the ESIC from time
to time.
Provide approx 5 minutes Audio Visual reports
monthly for the project/project(s)
2.8
Litigation
PIU shall assist ESIC for dealing with the
Litigations/Arbitration/court of law cases, if any, for
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Target to Achieve
contracts entered between ESIC and various
agencies, pertaining to the project, if any.
PIU will review claims/ counter claims, assist ESIC
in settlement of disputes.
PIU shall take all necessary steps to safeguard
ESIC interest while awarding the works to the firm.
PIU shall review the arbitration claims made by
various agencies related to construction projects
and assist ESIC in preparing Statement of Defence
(SOD) and defending cases timely. This will also
applicable to the projects which are already
completed physically.
PIU will examine and recommend issues related to
settling and paying the final claims which may be
decreed by a Court of Law, Tribunal or by award of
an Arbitrator in relation to the construction projects.
2.9
Cost
Management
Implement a design control system to identify
changes, so that timely action may be taken in order
to remain within approved budget.
Scrutinize and check estimates for proposed
variations along with extra items, substituted items,
deductions, reductions etc. and recommendations
for Client’s decision making.
Review and submit to owner periodical deviation
statement of costs as submitted by PMC /
Contractor and compare to budgeted costs for
various stages against cash flow.
Review reconciliation statement for ESIC supply
materials, if any
Scrutinize expenditure statements, prepare regular
valuations and payment certificates of bills for
payment in accordance with the contract, after
ensuring deductions of statutory taxes.
Review advance payments, insurances, statutory
payments, performance guarantees and advise
recommendations to the ESIC.
Prepare joint measurement for site works if
applicable, in conjunction with Contractor and ESIC
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/ ESIC’s representative and certify the same (in
case of self execution by ESIC)
Review, verify/certify Contractor / Supplier’s Interim
Payment Certificates.
Monitor that Contractor/Sub-contractor Bonds,
Guarantee, Insurances are valid & are renewed at
the appropriate times & to take necessary remedial
action
Scrutinize final bills submitted by various agencies
and assist ESIC in project account closure in
stipulated time.
2.12
Labour
regulations
compliance
Co-ordinate
with
PMC’s
compliance
with
requirement of Labour Laws, Welfare measures as
per the law of land.
Co-ordinate with PMC’s execution of works
including off-site movement of materials to ensure
that there is minimal disruption in the neighborhood.
2.13
Safety
For construction adjacent to existing facilities, the
PIU shall monitor that construction methodology
being adopted by the Works contractor includes
sufficient safety measures so as to avoid damage to
the existing structures, minimal disruptions to the
ongoing patients/visitors/ general public and ensure
proper barricading & signages demarcating the
work zones.
Advise on site safety procedures and methods for
incorporation at site to minimize accidents and
injuries
Monitor programme set up by the firms/agencies are
incompliance with prevalent laws and regulations.
Review safety programs developed by each of the
trade firms, prepare and submit a comprehensive
safety program.
Advise on use of Personnel Protection Equipment’s
and Safety appliances.
Advise on healthy and hygienic requirements at site
3. Post – Construction
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Key Deliverables
Target to Achieve
3.1
Closure of
project
Assist ESIC in settlement of all accounts of the
Contractor/s including reconciliation of all materials
issued to the Contractor/s, if any and Preparation
and Certification of final bills.
Review status of submission of completion report,
’As Built’ drawings, and comparative statements
with regard to physical and financial inputs &
outputs as compared to the original estimates and
forecasts vis –a- vis actuals on completion of job.
PIU shall ensure that the PMC will hand over the
completed projects in all respect, free from all
encumbrances including the vacation of temporary
workers’ hutments etc. at site, if any to the ESIC.
Organizing/providing all operation and maintenance
manuals and training to the ESIC staff.
Co-ordinate with vendors/ firms and arrange for user
operation & maintenance manuals and training to
client’s representatives.
Carry out post-construction QA checks.
Records related to the Project works & maintained
by PMC during Project execution shall be handed
over to the ESIC on completion of the Project.
4
Health,
Safety
and Environment
(HSE)manageme
nt
Review and approval of the HSE Plan of the PMCs,
monitoring implementation and ensuring adherence
to it by the contractors.
Regular inspection of work areas to ensure that
contractors practice good housekeeping and
participate in overall site cleanliness program.
Monitor safety records/ statistics and conduct safety
review meetings.
Ensuring
that
PMCs
regularly
dispose
of
construction debris, trash and waste properly at
designated offsite locations
Arrangement (through the contractors) of regular
meetings as part of HSE Plan. Monitoring and
apprehending any potential unsafe conditions or
practices and providing guidance on safe working
practices and issuing work permits.
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Key Deliverables
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5
Additional
Deliverables (For
self-execution)
A. PIU shall survey ESIC/ESIS buildings in
consultation with Engineer-in-charge( CE, ESIC)
and prepare detailed reports mentioning the
compliance/non-compliance with respect to the
fire safety (NOC), Pollution and Effluent control
(STP/ETP), NOC for UG diesel tanks, adequacy
of MGPL with respect to norms etc., PIU shall
assist ESIC to make 100% compliance with all
statutory bodies pertaining to Fire safety dept,
Pollution and Effluent Control dept, Explosives
dept and other local statutory bodies.
B. The PIU agency will in addition, prepare a
Construction
Supervision
Manual
(Works
Manual) outlining routines and procedures to be
applied
in
construction
supervision
and
management of ESIC buildings in accordance
with requirements and Works Accounting
Manual
C. The PIU will prepare and submit the annual work
plans based on the approved list of works
(Capital Works) to CE, ESIC.
D. Preparation of tender document Detailed Project
Reports (DPRs) or detailed estimates, including
technical justification and cost-benefit analysis
as required by ESIC.
E. Formulation of comprehensive policy and
standard operating procedures (SOPs) for:
i.
Self-execution of works up to the
prescribed monetary limit.
ii.
Delegation of financial and administrative
powers.
iii.
Quality
assurance,
safety,
and
sustainability norms.
iv.
Engagement of consultants, vendors, or
specialized agencies.
F. Preparation and standardization of tender
documents, including:
i.
General
and
special
conditions
of
contract.
ii.
Eligibility
criteria,
bid
evaluation
methodology, and selection criteria.
iii.
Standard templates for BOQ, NIT, and
comparative statements.
iv.
Clauses for defect liability, performance
guarantee, and penalty for delay.
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G. Framing of manuals and checklists for design
review, site supervision, material testing, and
completion certification.
H. Development of standard policy documents for
rate adoption (CPWD/DSR-based), escalation,
and variation control.
I. Preparation and vetting of architectural drawings
etc.
J. Recommendation for the estimates within the
power of CE
K. Technical advice and recommendation to the
ESIC as and when required.
7. Deployment of Personnel
7.1. The title, agreed job description, minimum qualification and time-input
estimates to carry out the Services of each of the Project Implementation Unit’s
Key Personnel’s shall be described.
7.2. ESIC expects that all personnel approved under this Agreement shall remain
available throughout the implementation of the assignment. Substitution of
personnel shall be permitted only in cases beyond the Project Implementation
Unit’s control, such as medical incapacity, death, or resignation. A maximum
substitution of 30% of personnel deployed in the contract and that too by only
equally or better qualified and experienced personnel shall be permitted during
the entire contract period. The following terms shall govern the substitution
ensuring that equal or higher qualifications and experience personnel shall be
engaged:
a) The first substitution of 10% of personnel deployed in the contract
and that too by only equally or better qualified and experienced
personnel shall be permitted during the entire contract period without
any penalty.
b) Further, next 10% of substitution it shall attract deductions of amount
of 10% of reimbursement of personnel from the date of substitution
of personnel.
c) Further for the next 10% of substitution, it shall attract deductions of
amount of 20% of reimbursement of personnel from the date of
substitution of personnel.
These reductions would apply from the date of replacement until the
contract's completion.
7.3. Any replacement should be subject to the CE, ESIC’s approval, ensuring
satisfaction with the substitute’s credentials.
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7.4. CE, ESIC retains discretion to waive such deductions based on case-specific
considerations.
7.5. The Project Implementation Unit shall ensure that suitable alternate personnel
are made available during the absence of the assigned personnel or
engineers, so as to avoid any disruption in the performance of Services.
7.6. If during execution of the Contract, additional Key Personnel’s are required by
ESIC to carry out the Services, the Project Implementation Unit shall submit to
the ESIC for review and approval a copy of their Curricula Vitae (CVs). If the
ESIC does not object in writing (stating the reasons for the objection) within 30
days from the date of receipt of such CVs, such additional Key Personnel’s
shall be deemed to have been approved by the ESIC.
The rate of remuneration payable to such new additional Key Personnel’s shall
be based on the agreed rates for equivalent Key Personnel’s position which
require similar qualifications and experience.
7.7. The Project Implementation Unit shall deploy personnel as tabulated under
and who shall discharge their respective responsibilities in accordance with the
position and expertise and will operate under ESIC and hence will be liable to
report to ESIC only for efficient monitoring of project:
S.No.
Designation
of
technical staff
Key or non-
key
professional
Qualification
Nos.
Location: At ESIC Hqrs, New Delhi
1
Team Leader
Key
Post Graduate Engineer in civil
engineering with min. 20 years
of
experience
in
project
management/civil industry and
shall
have
5
years
of
experience in healthcare.
Experience
with
scheduling
software e.g. Primavera P6,
MS projects, BIM etc and
Familiar with web - based tools
Experience
with
Program
Management
documentation
standards for schedules.
1
2
Deputy team Leader
Key
Post Graduate Engineer in civil
engineering with min. 12 years
of
experience
in
project
management/civil industry
Experience
with
scheduling
software e.g. Primavera P6,
MS projects, BIM etc and
Familiar with web - based tools
Experience
with
Program
1
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Management
documentation
standards for schedules.
3
Senior Architect
Key
Graduate in Architecture with
minimum
15
years
of
experience out of which 5-year
experience
in
healthcare
projects
1
4
Senior
Civil
Engineering Expert
Key
Graduate Engineer in civil
engineering with min. 15 years’
experience
in
construction
industry
1
5
Senior
Electrical
Engineering expert
Key
Graduate Engineer in electrical
engineering with min. 15 years’
experience
in
construction
industry
especially
in
electrical/MEP
1
6
Contracts/
Procurement Expert
Key
Graduate
engineer
in
engineering with min. 12 years
of experience in procurement
of
works/services,
Contract
management,
resolving
contractual issues, arbitration
matters, etc
1
7
Healthcare Planning
expert
On- demand
basis
MBBS
+
Post-Graduate
Diploma/Master’s in Hospital
Administration / Public Health
having 15 years of experience,
including
planning/functional
design of hospitals, medical
colleges, OTs, ICUs, CSSD,
and diagnostic facilities
1
8
Senior Estimate /
QS Expert
Key
Graduate
engineer
in
civil/electrical engineering with
minimum
12
years
of
experience in preparation of
estimates
in
construction
projects and Quantity surveyor
in construction industry
1
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9
Senior
Project
Coordinator
Key
Graduate Engineer in civil
engineering with min. 15 years
of
experience
in
project
management/civil industry
Experience
with
scheduling
software e.g. Primavera P6,
MS projects, BIM etc and
Familiar with web - based tools
Experience
with
Program
Management
documentation
standards for schedules.
4
10
Senior
Finance
Expert
Key
Chartered Accountant (CA) or
MBA
(Finance)
from
a
recognized
institution
with
minimum
12
years
of
professional
experience
in
project
finance,
fund
flow
management/financial
oversight
of
large-scale
infrastructure projects
Familiarity with statutory audit
requirements,
financial
documentation standards
Proficiency
in
financial
modeling tools, ERP systems,
and MS Excel for project
monitoring.
1
11
Structural Engineer
Non-Key
Graduate engineer in Civil
Engineer with minimum 10
years of experience or Post
graduate
in
structural
engineering with 5 years of
experience
1
12
Deputy Architect
Non-Key
Graduate in Architecture with
minimum
05
years
of
experience
2
13
Deputy Estimate /
QS Expert
Non-Key
Graduate
engineer
in
civil/electrical engineering with
2
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minimum 5 years of experience
in preparation of estimates in
construction
projects
and
Quantity
surveyor
in
construction industry
14
Deputy
civil
engineer
Non-key
Graduate Engineer in civil
engineering with min. 10 years’
experience
in
construction
industry
1
15
Deputy
electrical
engineer
Non-key
Graduate Engineer in electrical
engineering with min. 10 years’
experience
in
construction
industry
especially
in
electrical/MEP
1
16
Deputy procurement
expert
Non-key
Graduate
engineer
in
engineering with min. 08 years
of experience in procurement
of
works/services,
Contract
management,
resolving
contractual issues, arbitration
matters, etc
1
17
Deputy
project
coordinator
Non-key
Graduate
Engineer
in
electrical/mechanical
engineering with min. 10 years
of
experience
in
project
management/infrastructure
industry
4
18
Deputy
finance
expert
Non-Key
Chartered Accountant (CA) or
MBA
(Finance)
from
a
recognized
institution
with
minimum
05
years
of
professional
experience
in
project
finance,
fund
flow
management/financial
oversight
of
large-scale
infrastructure projects
Familiarity with statutory audit
requirements,
financial
documentation standards
2
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Proficiency
in
financial
modeling tools, ERP systems,
and MS Excel for project
monitoring.
19
Technical
assistant/Supporting
staff for each trade
Non-key
Graduate from any recognized
university.
13
20
Environmental
Expert
On- demand
basis
Graduate/Post
graduate
in
Environmental Engineering or
Environmental Science with
minimum
12
years
of
experience in environmental
compliance for infrastructure
projects.
Certification/training
in
Environmental
Impact
Assessment (EIA), Biomedical
Waste Management, or Green
Building
Standards
(e.g.,
GRIHA/LEED) is preferable.
1
Note: Rate of recovery for non-fulfilling of requirement is 1.20 times of remuneration
quoted by the PIU per month per person, calculated on a pro-rata basis considering
30 days per month for the number of days of shortfall
7.8. Each bidder shall propose exclusive personnel for the above said positions,
along with submitting the organogram of the entire team. The personnel
nominated for these roles shall not provide consent to more than one bidder.
If it is discovered that personnel have consented to multiple bidders, the
respective bid will be deemed non-responsive.
7.9. The proposed team shall comprise experts and specialists’ personnel with
expertise in their respective domains, along with managerial/support
personnel, to ensure that the Project Implementation Unit is capable of
completing the services within the stipulated timeframe. Furthermore,
additional competent and experienced personnel in relevant fields shall be
included as needed to ensure the successful delivery of the services.
7.10.
The number of resources may be increased or decreased as per
requirement on the same terms and conditions and at same quoted rates.
7.11.
Age of the Key Personnel proposed should not be more than 65 (sixty-
five) Years on the last day of submission of proposal.
7.12.
The personnel proposed for this task shall be exclusively engaged for its
execution and shall not be permitted to take up any other assignment, whether
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within the organization or externally, during the period of their deployment
except for on-demand personnel.
7.13.
The monthly rates indicated against each manpower shall be deposited
directly into the respective manpower’s bank account. If the amount deposited
is found to be less than or more than the quoted rates, the minimum of the two
(i.e., the deposited amount or the quoted rate) shall be payable to the PIU.
7.14.
The ESIC reserves the right to ask for the details regarding the proof of
age, qualification, experience and association of the Key Personnel with the
firm.
7.15.
Working hours and holidays for Project Implementation Unit should be
in accordance with ESIC Hqrs working hours are to be accordingly set forth.
Moreover, the Project Implementation Unit to plan his manpower deployment
such that sufficient manpower is made available for the monitoring the works
that are being executed in multiple shifts.
7.16.
Time and quality shall be the essence of the contract and payment will
be made at actuals as per availability of resource as per attendance report
7.17.
The daily biometric attendance should be mandatory and a report shall
be submitted at 10:00AM IST to the Chief Engineer on each day. A monthly
report of the biometric attendance shall be submitted to the Engineer along
with other relevant prescribed documents while submitting monthly bills.
7.18.
1 leave per month i.e., 12 leaves will be allowed to a resource in a year
without any deduction in payment
7.19.
Leaves of Team lead shall only be availed after prior approval of ESIC
or its representative.
7.20.
At any given time, during the course of the assignment, based on the
project requirements, the ESIC may ask to reduce the minimum manpower as
per the contract suitably, by giving a notice period of 1 month. The Project
Implementation Unit has to reduce the manpower accordingly, without any
further claims on this account.
7.21.
The PIU will be responsible to provide resources with laptops enabled
with required tools related to work and development environment for
completing this engagement
7.22.
The PIU’s personnel’s may require to undertake domestic official tours
with due approval of ESIC. The reimbursement of or grant of advance for
personnel’s shall on similar lines as available to an employee of level 10 (7th
CPC) for type and class of accommodations, travel arrangements, food etc for
all resources.
7.23.
The PIU will be responsible to provide resources with laptops enabled
with required tools related to work and development environment for
completing this engagement
7.24.
ESIC shall provide only the space and furniture for sitting along with
provision of electricity, all other arrangements including but not limited to
proper functioning of resources shall be required to be arranged by the PIU
and the same shall be considered while quoting the rates
7.25.
The Project Implementation Unit should establish an office for their
Personnel’s & Staff, at the space and furniture provided by ESIC. The IT
Page 71 of 142
infrastructure, IT softwares (for scheduling, accounting and other as per project
requirement) as required, transport, accommodation, and other essential
requirements for efficient working shall be provided by PIU within the quoted
rates. All utilities (Water, power, sanitary) will be provided by ESIC. All these
facilities should be established by the Project Implementation Unit immediately
(30 days) upon award of work at their own cost.
7.26.
The Overhead expense (OH) and profit shall be paid in monthly
instalment along with payment towards manpower resources for the contract
period i.e., 3 years.
The Project Implementation Unit shall perform any other tasks related to the project
as assigned by ESIC.
Page 72 of 142
[SECTION - 4]
BILL OF QUANTITIES/
FINANCIAL BID
Page 73 of 142
Financial Bid
S.no.
Position
Qty.
Monthly Rate per
resource (Excl.of
GST) or OH in INR
Months
Total
(exclusive
GST) in INR
1.
Team Leader
1
36
2.
Deputy team Leader
1
36
3.
Senior Architect
1
36
4.
Senior Civil Engineering
Expert
1
36
5.
Senior Electrical Engineering
expert
1
36
6.
Contracts/ Procurement Expert
1
36
7.
Healthcare Planning expert
1
15
8.
Senior Estimate / QS Expert
1
36
9.
Senior Project Coordinator
4
36
10.
Senior Finance Expert
1
36
11.
Structural Engineer
1
36
12.
Deputy Architect
2
36
13.
Deputy Estimate / QS Expert
2
36
14.
Deputy civil engineer
1
36
15.
Deputy electrical engineer
1
36
16.
Deputy procurement expert
1
36
17.
Deputy project coordinator
4
36
18.
Deputy finance expert
2
36
19.
Technical assistant/Supporting
staff for each trade
13
36
20.
Environmental Expert
1
15
21.
Overhead expense (OH) and
profit (such as IT hardware,
software, laptop etc., office
setup, other expenses to deliver
the scope of service, profit etc.)
1
-
Total (exclusive GST)
Note:
1. The bidders should submit the price bid online only.
2. The bidders should upload the signed schedule of quantities along with other
documents.
Page 74 of 142
3. The bidder should quote the rates exclusive GST. The GST shall be payable as
per actual.
4. The Overhead expense (OH) and profit shall be paid in monthly instalment along
with payment towards manpower resources for the contract period i.e., 3 years.
Authorized Signatory
Seal of the Company
Name, Designation & Address
Page 75 of 142
Section-5
Technical Bid Forms
Page 76 of 142
LETTER OF TRANSMITTAL
From:
To
The Tender Inviting Authority
Chief Engineer, ESIC
Subject: Submission of bids for the work of …………………………………
Sir,
Having examined the details given in the bid document for the above work, I/we
hereby submit the relevant information.
1. I/we hereby certify that all the statement made and information supplied in the
enclosed forms A to D and accompanying statement/information submitted in
prescribed forms (Form-E to N) and annexures in tender documents are true and
correct.
2. I/we have furnished all information and details necessary for eligibility and have no
further pertinent information to supply.
3. I/we submit the requisite certified solvency certificate and authorize the Tender
Inviting Authority, Chief Engineer, ESIC to approach the Bank issuing the solvency
certificate to confirm the correctness thereof.
4. I/we also authorize Tender Inviting Authority, Chief Engineer, ESIC to approach
individuals, employers, firms and corporation to verify our competence and general
reputation.
5. I/we submit the following certificates in support of our suitability, technical
knowledge and capability for having successfully completed the following eligible
similar works:
S.No.
Name of work
Certificate from
Certificate: It is certified that the information given in the enclosed eligibility bid are
correct. It is also certified that I / We shall be liable to be debarred, disqualified in case
any information furnished by me / us is found to be incorrect.
Enclosures:
Seal of bidder
Date of submission:
Signature(s) of Bidder(s).
Page 77 of 142
Form –A
Organization Details
S.No
Particulars
Details to be filled in
1
Name & address of the bidder
2
Address
Telephone No.
Fax No.
Email ID
3
Year of Establishment/incorporation
4
Legal status of the bidder (Scan & upload
copies of original document defining the legal
status)
(a) An Individual
(b) A proprietary firm
(c) A firm in partnership
(d) A limited Company or Corporation
5
Particulars
of
registration
with
various
Government Bodies (Scan & upload attested
photocopy)
1. ______
2. ______
3. ______
Name
or
place
of
registration
along
with
registration number.
6
Name(s) of the persons along with their
designation, who is authorized to deal with
ESIC
7
Has the bidder, or any constituent partner in
case of partnership firm, limited company /
Joint Venture, ever been convicted by the court
of Law? If so, give details
8
Contact Details:
Name of Contact Official:
Designation:
Mobile No.:
Tel.No.:
Fax No:
e-mail id:
9
Any other information considered necessary
with regard to this bid and for establishing the
eligibility of the bidder.
Signature of the Authorized Signatory,
Name and Designation with the stamp.
Page 78 of 142
Form-B
BANKER’S CERTIFICATE FROM A SCHEDULED BANK
This is to certify that to the best of our knowledge and information
M/s/Shri……………………………………………………
having
marginally
noted
address:_______________, as a customer of our bank are/is respectable and can be
treated as good for any engagement up to a limit of Rs………………………………
(Rupees………………………………………………………………………………..).
This certificate is issued without any guarantee or responsibility on the Bank or any of
the officers.
(Signature)
For the Bank
Note:
1. Banker’s Certificates should be on letter head of the Bank, addressed to
tendering authority.
2. In case of Partnership firm, certificate should include names of all partners as
recorded with the Bank.
Date:
Signature of the authorized signatory
Place:
Name & Designation with Stamp
Page 79 of 142
Form B-1
FORM FOR CERTIFICATE OF NET WORTH FROM CHARTERED ACCOUNTANT
It is to certify that as per the audited balance sheet and profit & loss account during
the financial year_________, the Net Worth of M/s _____________(Name &
Registered Address of individual/firm/ company), as on_________ (the relevant date)
is Rs___________________ after considering all liabilities. It is further certified that
the Net Worth of the company has not eroded by more than 30 % in the last three
years ending on (the relevant date).
Unique Document Identification Number (UDIN) ……………….
Signature of Chartered Accountant ………………………………..……
Name of Chartered Accountant ………………………………..……
Membership No. of ICAI
Date and Seal
Date:
Signature of the authorized signatory
Place:
Name & Designation with Stamp
Page 80 of 142
Form-C
DETAILS OF ELIGIBLE SIMILAR NATURE OF WORKS COMPLETED DURING THE LAST SEVEN YEARS ENDING PREVIOUS DAY
OF LAST DATE OF SUBMISSION OF TENDERS
S.No.
Name
of
the
work
and
location
Name
of
Organization
Along
with
contact
details
Short
description
of work
Cost of
work in
Rs. (Cr.)
#
Cost
of
works
by
enhancing
@7%.
Date
of
Start
of
Work/ Project
Date
of
Completion
of
Work/
Project
Stipulated date of
completion
Bonus/
Liquidated
damages if
any
imposed
Litigation/
Arbitratio
n
cases
pending
with
details*
Name and
contact
details
of
concerned
officer
of
the org.
Remarks
Stipulated
Actual
Stipulated
Actual
NOTE:
1. (#): The values of completed services shall be brought to the current costing level by enhancing the actual value of work at a simple
rate of 7% per annum calculated from date of completion to last date of receipt of application for bid document.
2. (*): Including gross amount claimed and amount awarded by the Arbitrator
3. Work / Project means similar work as mentioned in tender document. The list of works/ project mentioned should be substantiated
with documentary evidence such as work orders or contract agreement or completion certificates from the owner/ client.
4. Completion certificate from client (not below the rank of Executive Engineer/Project Manager) shall be submitted in support of claim
of completion.
5. The following documents are to be enclosed for each of the above work:
i.
Completion Certificate from appropriate Authority of Client Organization mentioning value of work completed.
ii.
Copy of Award Letters
iii.
Other Relevant Documentary evidence, (if any) to substantiate the Credentials of bidder
Date:
Signature of the Authorized Signatory
Name & Designation with Stamp
Page 81 of 142
Form C-1
DETAILS OF ELIGIBLE SIMILAR NATURE OF WORKS COMPLETED FOR CLAIMING
NUMBER OF NO. OF ORGANIZATION, NOS. OF EXPERINCE
S.N
o.
Name
of
the
work
and
location
Name
of Org
Cost of
work in
of Rs.
(Cr.)
Date
of
Start
Date
of
completion
Year
of
executio
n
of
service
Name and
contact
details of
concerne
d officer of
the org.
Brief of
services
Completion certificate
attached
NOTE:
1. Work / Project means similar work as mentioned in tender document. The list of works/
project mentioned should be substantiated with documentary evidence such as work
orders or contract agreement or completion certificates from the owner/ client.
2. Completion certificate from client (not below the rank of Executive Engineer/Project
Manager) shall be submitted in support of claim of completion.
3. The following documents are to be enclosed for each of the above work:
i.
Completion Certificate from appropriate Authority of Client Organization
mentioning value of work completed.
ii.
Other Relevant Documentary evidence, (if any) to substantiate the
Credentials of bidder
Date:
Signature of the Authorized
Signatory
Name & Designation with Stamp
Page 82 of 142
FORM-C2
PERFORMANCE REPORT OF WORKS REFERRED TO IN FORMS “C” & “C1”
(Use a separate form for each contract)
1. Name of work /project & location
2. Agreement no.
3. Estimated Cost
4. Agreement Amount
5. Date of start
i. Stipulated date start
ii. Actual date of start
6. Date of completion
i. Stipulated date of completion
ii. Actual date of completion
7. Amount of compensation levied for delayed completion, if any
8. Amount of reduced rate items, if any
9. Performance report
i. Quality of consultancy service
Very Good/Good/Fair/Poor
ii. Financial soundness
Very Good/Good/Fair/Poor
iii. Technical Proficiency
Very Good/Good/Fair/Poor
iv. Resourcefulness
Very Good/Good/Fair/Poor
v. General Behavior
Very Good/Good/Fair/Poor
Date:
Sign of Executive Engineer or Equivalent
Name :_______________
E-mail ID: ____________
Mob. No. :____________
Page 83 of 142
Form-D
FINANCIAL TURNOVER IN LAST 3 YEARS
Name of the Firm / Consultant:___________________________
S.No
Particulars
Financial Year
2022-23
2023-24
2024-25
1
Gross annual turnover on
Consultant works (in lakh
Rupees)
Date:
Dated Signature of Chartered
Accountant with Seal and Membership Number Signature of the Authorized Signatory
Signature(s) of Bidder(s)
Seal of the Bidder
Note:
In addition to the above, the applicants have to submit the following documents/
Information:
1. Copies of Audited Balance Sheet(s) and Profit & Loss Accounts for last five (5)
financial years ending March 2025 duly certified
2. Copy of Valid GST Registration Number.
3. Copy of PAN/ TAN.
Page 84 of 142
Form D-1
Profit and loss during last 5 years
Name of the Firm / Consultant:___________________________
S.No
Particulars
Financial Year
2020-21
2021-22
2022-23
2023-24
2024-25
1
Profit and loss during last
5 years
Date:
Dated Signature of Chartered
Accountant with Seal and Membership Number Signature of the Authorized Signatory
Signature(s) of Bidder(s)
Seal of the Bidder
Note:
In addition to the above, the applicants have to submit the following documents/
Information:
1. Copies of Audited Balance Sheet(s) and Profit & Loss Accounts for last five
(5) financial years ending March 2025 duly certified
Page 85 of 142
FORM-E
ACCEPTANCE OF BID CONDITIONS
(On the Letter Head of the Organization)
To
Chief Engineer, ESIC
Sub: <Name of work>
Ref : Bidding Document No.: ______________
Sir,
We ______________________________ (Name of the Bidder) hereby certify that
1. I/we have fully read and thoroughly understood the tender requirements and
accept all terms and conditions of the tender including all corrigendum/addendum
issued and minutes of the pre-bid meeting, if any.
2. I / We are pleased to submit our bid / offer for the above work and I / We hereby
unconditionally accept the terms & Conditions of Bid Documents and contract in
its entirety for the above work.
3. I / We are eligible to submit the bid for the above work and I / We are in possession
of all the required and relevant documents.
4. I / We have read all the terms and conditions of the contract as well as Bid
Document and agree to sign the same in case of award of work.
5. I / We have submitted all the documents as per Notice Inviting Bid.
6. I / We undertake and confirm that similar work (s ) has / have got executed in
Departments/ Govt. Organizations. Further that, if such a violation comes to the
notice, then I / We shall be debarred for bidding in future forever.
7. I/We ensure that in the event our offer is found acceptable and contract is awarded
to us, the complete tender document shall be considered for constitution of
Contract Agreement.
8. I / We have separately enclosed an undertaking in the format as per Form-F.
Yours faithfully,
(Signature of the Authorized Representative with Rubber Stamp)
Dated :
Place :
Note : This letter shall be signed by the authorized officer of the organization having valid
authority letter from competent authority.
Page 86 of 142
FORM-F
UNDERTAKING
(On the Letter Head of the Organization)
To
Chief Engineer, ESIC
Sub: <Name of work>
Ref: Bidding Document No.______________
Sir,
We undertake that:-
1. I am the Proprietor/Authorized signatory of M/s ______________having its Head
Office/Regd. Office at_____________________________.
2. The information/documents/Experience certificates/Bank Guarantee(S) submitted
by M/s______________________ along with the tender for above said work to
ESIC are genuine and true and nothing has been concealed
3. I / We have not made any misleading or false representation or deliberately
suppressed information in the form of statements and enclosures required for
eligibility criterion.
4. I/We shall have no objection in case ESIC verifies those documents from issuing
authority. I/We shall also have no objection in providing the original copy of the any
of document(s), in case ESIC demands so for verification.
5. I / We have no business or any other relationship with any of the ESIC Staff /
Member of the Corporation.
6. I / We have not employed any former employee of ESIC to work for our
organization. Or
7. I / We have employed ESIC Staff / Member of the Corporation as per list attached
to work for our organization and certify that there is no conflict of interest.
8. I / We have not been debarred or blacklisted by any department / Organization to
execute any of their work(s). The debarment shall be considered in pursuance with
GFR 2017 (updated), rule 151 regarding debarment of bidder.
9. I / We have not suppressed or concealed any information pertaining to works
executed by us.
10. I/We am / are
a. not undergoing insolvency resolution process or liquidation or bankruptcy
proceeding as on date.
Page 87 of 142
Or
b. I/We am / are undergoing insolvency resolution process or liquidation or
bankruptcy proceeding as on date as per the details mentioned below.
(attached detail with technical bid)
11. I / We have not abandoned any work and left work incomplete due to financial
failures / weaknesses or have a record of poor performance.
12. I have read the clause regarding restrictions on procurement from a bidder of a
country which share land border with India; thereby certify that this bidder or any
of its constitutes is not from such a country and is eligible to be considered.
13. I have read the clause regarding restrictions on procurement from a bidder of a
country which shares land border with India; I certify that this bidder is not from
such a country or, if from such a country, has been registered with the competent
Authority. I hereby certify that this bidder fulfils all requirements in this regard and
is eligible to be considered
14. I have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to consultant
from such countries; I certify that this bidder is not from such a country or, if from
such a country, has been registered with the Competent Authority and will not sub-
contract any work to a consultant from such countries unless such consultant is
registered with the Competent Authority. I hereby certify that this bidder fulfils all
requirements in this regard and is eligible to be considered.
Yours faithfully,
(Signature of the Authorized Representative with Rubber Stamp)
Dated :
Place :
Note: Strike out which is not applicable
Page 88 of 142
FORM-G
Form of Contract
For
<Name of work>
THIS CONTRACT made at this ________ day of __________ 202___ BETWEEN
Employees State Insurance Corporation; an Autonomous body under aegis of Ministry of
Labour and Employment, Government of Indian represented through <Name and
Designation> (hereinafter referred to as the “OWNER” which expression shall include its
successors and assigns) of the One Part; AND _________ *carrying on business in sole
proprietorship/ *carrying on business in partnership under the name and style of
_________ a Company registered in India under the Indian Companies Act*, 1913/ 1956
having its registered office at ___________(hereinafter referred to / as collectively
referred to as the “CONSULTANT” which expression shall include *his/ *their/ *its
executors, administrators, representatives and permitted assigns/ *successors and
permitted assign) of the other part:
WHEREAS
The OWNER desires to have executed the work of _______________more specifically
mentioned and described in the contract documents (hereinafter called the ‘work’ which
expression shall include all amendments therein and / or modifications thereof) and has
accepted the tender of the CONSULTANT for the said work.
NOW, THEREFORE THIS CONTRACT WITNESSTH as follows:
1. General
1.1 CONTRACT DOCUMENTS
1.1.1 The following documents shall constitute the Contract Documents, namely:
a) This Contract;
b) Tender Documents as defined in the General Instructions to
Tenderers/Bidders;
c) Letter of Acceptance of Tender;
d) Integrity Pact;
e) Annexes of contract
1.1.2 Order of Precedence
In the event of any ambiguity or conflict between the Contract Documents listed
above, the order of precedence shall be the order in which the Contract
Documents are listed in Article 1.1.1 (Contract Documents).
Page 89 of 142
1.1.3 A copy of each of the Tender Documents is annexed hereto and the said
copies have been collectively marked Annexure “A” while a copy of the Letter
of Acceptance of Tender along with annexures thereto are annexed hereto and
said copies have been collectively marked as Annexure- ‘B’.
1.2 Table of contents and headings
The table of contents, headings or sub-headings in this Agreement are for
convenience of reference only and shall not be used in, and shall not affect, the
construction or interpretation of this Agreement.
1.3 Definition
Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
1.3.1 “Applicable Law" means the laws and any other instruments having the force
of law in India.
1.3.2 “ESIC" means the implementing agency that signs the Contract for the
Services with the Successful/Selected Project Implementation Unit.
1.3.3 “Project Implementation Unit" means a legally established professional
consulting firm or entity selected by the ESIC to provide the Services under
the signed Contract.
1.3.4 “Contract" means the legally binding written agreement signed between the
ESIC and the Project Implementation Unit and which includes all the attached
documents.
1.3.5 "Contract Price" means the price payable to the Project Implementation Unit
Consultancy as specified in the Contract agreement, Subject to such additions
and adjustments thereto or deductions there from, as may be made pursuant
to the contract.
1.3.6 "Contract Documents" means the documents listed in the contract agreement,
including any amendments thereto.
1.3.7 “Contract Period" is the time period during which this Contract governs the
relations and obligations of the ESIC and Project Implementation Unit in
relation to the Work/service, as specified in the tender documents and
contract.
1.3.8 “Delivery" means the transfer of the Goods or Services from the Project
Implementation Unit to the ESIC specified in the Contract.
1.3.9 “Effective Date" means the date on which this Contract comes into force
1.3.10 “Experts/Personnel" means, collectively, Key Experts, Non-Key Experts, or
any other personnel of the Project Implementation Unit to perform the Services
or any part thereof under the Contract.
1.3.11 “Key Personnel(s)" means an individual professional whose skills,
qualifications, knowledge and experience are critical to the performance of the
Page 90 of 142
Services under the Contract and whose Curricula Vitae (CV) was considered
in the technical evaluation of the Project Implementation Unit’s proposal.
1.3.12 “Local Currency" means Indian Rupees.
1.3.13 “Non-Key Personnel(s)" means an individual professional provided by the
Project Implementation Unit to perform the Services or any part thereof under
the Contract.
1.3.14 “Party" means the ESIC or the Project Implementation Unit, as the case may
be, and “Parties" means both of them.
1.3.15 “Personnel" means persons hired by the Project Implementation Unit as
employees and assigned to the performance of the Services or any part
thereof;
1.3.16 “Services" means the work to be performed by the Project Implementation
Unit pursuant to this Contract, as described in Annexure hereto.
1.4 Contract Price
The ESIC hereby agrees to pay to the Project Implementation Unit, the Contract Price
in consideration of the performance by the Project Implementation Unit of its
obligations under the Contract. The Contract Price shall be [insert amount in
words], [insert: amount in figures], as specified in the Price Schedule. The Contract
Price shall be understood to reflect the terms and conditions used in the specification
of prices in the detailed price schedules, including the taxes, duties and related levies
if and as identified.
1.5 Rights and obligations
The mutual rights and obligations of the ESIC and the Project Implementation Unit
shall be as set forth in the Agreement, in particular:
a) the Project Implementation Unit shall carry out the Services in accordance
with the provisions of the Agreement; and
b) the ESIC shall make payments to the Project Implementation Unit in
accordance with the provisions of the Agreement.
1.6 Work to be performed
The CONSULTANT shall perform the work upon the terms and conditions and within
the item specified in the Contract documents.
1.7 Location
The Project Implementation Unit shall deliver the services at ESIC Hqrs, CIG marg,
New Delhi as well as at any other locations inherently linked to the ESIC Hqrs, CIG
marg, New Delhi and Project site as per the direction of ESIC,
1.8 Authorized Representatives
Any action required or permitted to be undertaken, and any document required or
permitted to be executed under this Agreement by the ESIC or Project Implementation
Page 91 of 142
Unit, as applicable, may be carried out or executed by the respective officials
designated in this Clause as follows:
a. Name and contact of Project Implementation Unit’s representative:
b. Name and contact of ESIC’s representative:
(ESIC from time to time, may nominate, designate, or add one or more of its
officials as its authorized representative)
1.9 Independent Entity
The Project Implementation Unit shall be an independent party performing the
Contract. The Contract does not create any agency, partnership, joint venture, or
other joint relationship between the parties to the Contract. Subject to the provisions
of the Contract, the Project Implementation Unit shall be solely responsible for the
manner in which the Contract is performed. All employees, representatives, or
Subcontractors/Subconsultant engaged by the Project Implementation Unit in
connection with the performance of the Contract shall be under the complete control
of the Project Implementation Unit and shall not be deemed to be employees of the
ESIC, and nothing contained in the Contract or in any subcontract awarded by the
Project Implementation Unit shall be construed to create any contractual relationship
between any such employees, representatives, or Subcontractors/Subconsultants
and the ESIC.
1.10 Jurisdiction
This Contract, its meaning and interpretation, and the relation between the Parties
shall be governed by the Applicable Law.
Notwithstanding any other court or courts having jurisdiction to decide the question(s)
forming the subject matter of the reference if the same had been the subject matter
of a suit, any and all actions and proceedings arising out of or relative to the contract
(including any arbitration in terms thereof) shall lie only in the court of competent civil
jurisdiction in this behalf at Delhi (where this Contract has been signed on behalf of
the OWNER) and only the said court(s) shall have jurisdiction to entertain and try any
such action(s) and/ or proceedings (s) to the exclusion of all other Courts.
1.11 Amendment
No amendment or other variation of the Contract shall be effective unless it is in
writing, is dated, expressly refers to the Contract, and is signed by a duly authorized
representative of each party to the Contract
1.12 Severability
If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity, or unenforceability shall not affect the
validity or enforceability of any other provisions and conditions of the Contract.
Page 92 of 142
2. COMMENCEMENT, COMPLETION AND TERMINATION OF AGREEMENT
2.1 Effectiveness of Agreement
This Agreement shall come into force and effect on the date of this Agreement (the
“Effective Date”).
2.2 Commencement of Services
The Project Implementation Unit shall commence the Services within a period
mentioned in work order or 15 days whichever is earlier, unless otherwise agreed
by the Parties.
2.3 Termination of Agreement for failure to commence Services
If the Project Implementation Unit does not commence the Services within the
period specified as above, the ESIC may, by not less than 2 (two) weeks’ notices
to the Project Implementation Unit, declare this Agreement to be null and void, and
in the event of such a declaration, the Performance Security of the Project
Implementation Unit shall stand forfeited.
2.4 When Contract can be Determined
a) In case, the work cannot be started due to reasons not within the control of the
consultant within 1/8th of the stipulated time for completion of work or one months
from the date of start conveyed or revised by ESIC, whichever is higher, either
party may close the contract by giving notice to the other party stating the reasons.
In such eventuality, the Performance Guarantee of the consultant shall be refunded
within 30 days
b) Neither party shall claim any compensation for such eventuality. This clause is not
applicable for any breach of the contract by either party.
2.5 Foreclosure of contract due to Abandonment or Reduction in Scope of Work
a) If at any time after acceptance of the tender or during the progress of work/service,
the purpose or object for which the work is being done changes due to any
supervening cause and as a result of which the work has to be abandoned or
reduced in scope the Tender Accepting Authority or its representative shall give
notice in writing to that effect to the consultant stating the decision as well as the
cause for such decision and the consultant shall act accordingly in the matter. The
Page 93 of 142
consultant shall have no claim to any payment of compensation or otherwise
whatsoever, on account of any profit or advantage which he might have derived
from the execution of the works in full but which he did not derive in consequence
of the foreclosure of the whole or part of the works.
b) The consultant shall be paid at agreement rates for services performed.
c) The consultant shall, if required by the ESIC, furnish time sheets, reports and other
relevant documents and evidence as may be necessary to certify the reasonable
amount payable under this condition.
d) In the event of action being taken to reduce the scope of work, the consultant may
furnish fresh Performance Guarantee on the same conditions, in the same manner
and at the same rate for the balance tendered amount and initially valid up to the
extended date of completion or stipulated date of completion if no extension has
been granted plus minimum 60 days beyond that. Wherever such a fresh
Performance Guarantee is furnished by the consultant the ESIC may return the
previous Performance Guarantee within 30 days.
2.6 Frustration of Contract
If, after the Effective Date of the Contract, any supervening event occurs—such as
a change in law, act of government, natural disaster, or any circumstance beyond
the control of either party—including events covered under the Force Majeure
clause or falling within the scope of Section 56 of the Indian Contract Act, 1872,
which renders the further performance of the Contract impossible or impracticable
within a reasonable timeframe, the affected party shall issue a Notice of Frustration
Event to the other party, setting out the relevant facts and justification.
Upon receipt of such notice, both parties shall make reasonable efforts to modify
or amend the terms of the Contract to enable its continued performance.
If no mutual agreement is reached within sixty (60) days from the date of the Notice
of Frustration Event, the ESIC shall issue a Notice for Determining the Contract
and may terminate the Contract on grounds of frustration, without repercussions
on either side.
2.7 Entire Contract
The Contact Documents mentioned hereof embody the entire Contract between
the parties hereto, and the parties declare that in entering into this Contract they
do not rely upon any previous representation, whether express or implied and
whether written or oral, or any inducement, understanding or agreements of any
kind not included within the Contract documents and all prior negotiations,
representations, Contracts and/ or agreements and understandings relative to the
work are hereby cancelled.
Page 94 of 142
No amendment or modification to this Agreement shall be considered valid or
binding unless it is mutually agreed upon in writing by both Parties and executed
by their duly authorized representatives.
Without limiting the applicability of this clause, in respect of any matters not
expressly addressed in this Agreement, the provisions contained in the tender
document including amendments shall be applicable.
2.8 Amendments in Agreement
No modification to the terms and conditions of this Agreement, including any
changes to the scope of Services, shall be valid unless communicated through a
written agreement mutually agreed by both Parties.
2.9 Action in case of in solvency
a) If the consultant become insolvent or commence any insolvency proceedings or
make any composition with his creditors or attempt to do so, or if any bribe, gratuity,
gift, loan, perquisite, reward or advantage pecuniary or otherwise, shall either
directly or indirectly, be given, promised or offered by the consultant, or any of his
servants or agent to any public officer or person in the employ of ESIC in any way
relating to his office or employment, or if any such officer or person shall become
in any way directly or indirectly interested in the contract, the Tender accepting
authority or its representative shall have power to adopt the course as specified in
agreement hereof in the interest of ESIC.
2.10
Suspension of Agreement
ESIC may, by issuing a written notice of suspension to the Project Implementation
Unit, may withhold all payments due under this Agreement in the event the Project
Implementation Unit is in breach of any provision of this Agreement or fails to
perform its obligations, including the execution of the Services. Such notice of
suspension shall:
(i) clearly specify the nature of the breach or default; and
(ii) allow the Project Implementation Unit a period not exceeding thirty (30) days
from the date of receipt of the notice to cure the breach or rectify the failure.
2.11
Termination of Contract on death of consultant
Without prejudice to any of the rights or remedies under this contract, if the
consultant dies, the Tender Accepting authority shall have the option of terminating
the contract without levy compensation to the consultant
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3. Project Implementation Unit’s Obligations
3.1 The Project Implementation Unit shall perform the Services and carry out the
Services with all due diligence, efficiency and economy, in accordance with
generally accepted professional standards and practices, and shall observe sound
management practices, and employ appropriate technology and safe and effective
equipment, machinery, materials and methods. The Project Implementation Unit
shall always act, in respect of any matter relating to this Contract or to the Services,
as a faithful adviser to the ESIC, and shall at all times support and safeguard the
ESIC's legitimate interests in any dealings with the third parties.
3.2 The Project Implementation Unit shall perform the Services in accordance with the
Contract and the Applicable Law and shall take all practicable steps to ensure that
any of its Personnel sand Sub-Project Implementation Unit, comply with the
Applicable Law. The ESIC shall notify the Project Implementation Unit in writing of
relevant local customs, and the Project Implementation Unit shall, after such
notification, respect such customs.
3.3 It shall be the responsibility of the PIU to ensure the engagement of personnel
possessing the requisite qualifications and experience necessary for the proper
performance of the Services.
3.4 PIU shall execute the services as per the scope of work as mentioned in the
agreement, tender documents or as entrusted by ESIC through written
communication.
3.5 During the implementation of the project, there will be a fortnightly review
/regarding the progress of the project during which all the resources should be
present.
3.6 The PIU shall ensure that it shall complete the performance of various activities of
the contract within the time periods specified contract or within such extended time
to which the PIU shall be entitled (Extension of Time) with scope of work as agreed.
3.7 The Project Implementation Unit shall formally present to the ESIC the Program
Plan and shall undertake to deliver in accordance with the Agreed and Finalized
Program Plan and the Contract.
3.8 PIU shall communicate the roles, names, and indicative durations of engagement
of the personnel for performing the Services as detailed in above clause. The
corresponding personnel cost estimates and man-day rates are also outlined
therein.
3.9 The PIU should deploy their technical manpower only after prior interview and
written approval from the Chief Engineer.
3.10
A summary of experience (in one page) is to be provided by the Project
Implementation Unit for each of the Key Personnel.
3.11
PIU shall have a defined hierarchy and reporting structure for various teams
that shall be part of the project and the same should be intimated to ESIC.
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3.12
The personnel listed and attached along with this Agreement shall be
approved by ESIC. No other personnel shall be engaged without the prior approval
of ESIC.
3.13
In the event the PIU proposes to engage any additional personnel, it shall
submit a proposal to ESIC along with the CV of the proposed individual. ESIC shall
communicate its approval or rejection within 15 days of receiving the proposal. If
no response is provided within this period, the proposed individual shall be deemed
approved. In the case of rejection, the PIU may propose an alternative candidate
for ESIC’s consideration.
3.14
If during execution of the Contract, additional Key Personnel’s are required
by ESIC to carry out the Services, the Project Implementation Unit shall submit to
the ESIC for review and approval a copy of their Curricula Vitae (CVs). If the ESIC
does not object in writing (stating the reasons for the objection) within 30 days
from the date of receipt of such CVs, such additional Key Personnel’s shall be
deemed to have been approved by the ESIC.
3.15
The rate of remuneration payable to such new additional Key Personnel’s
shall be based on the agreed rates for equivalent Key Personnel’s position which
require similar qualifications and experience.
3.16
If the ESIC finds that any of the Personnel’s of PIU has committed serious
misconduct or has been charged with having committed a criminal action, or shall
the ESIC determine that PIU’s Personnel have engaged in corrupt, fraudulent,
collusive, coercive or obstructive practice while performing the Services, the PIU
shall, at the ESIC's written request, provide a replacement.
3.17
In the event that any of Key Personnel’s, Non-Key Personnel’s is found by
the ESIC to be incompetent or incapable in discharging assigned duties, the ESIC,
specifying the grounds, therefore, may request the PIU to provide are placement.
3.18
Any replacement of the removed Personnel of PIU shall possess better
qualifications and experience and shall be acceptable to the ESIC with prior
approval. The PIU should bear all costs arising from or incidental to the
replacement, such as travel expenses for the substitute expert.
The replacement resource shall score at least the same marks as the resource
proposed originally at the time of evaluation of bid in qualifying criteria parameters
defined in the tender document.
3.19
PIU shall keep at least 4 weeks overlap period for knowledge transfer in
replacements of key personnel with terms and condition applicable as in contract.
3.20
The
Key
Personnel
proposed
above
should
be
available
for
presentations/discussions/ meetings ESIC, Ministry of Labour & Employment,
Government of India and its Project Office as and when required.
3.21
The safety and quality of the work is the utmost priority for the Government.
The PIU personnel shall ensure the safety and quality of the works. If PIU fails to
do so by negligence, the ESIC may levy a penalty and recover from PIU, suitably.
3.22
The minimum manpower requirement shall be reviewed periodically by
ESIC to effect any change in skill requirement at the same position. For example,
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a structural engineer can be replaced with demolition expert and so forth
maintaining the education, qualification and experience requirement for the
position at the same cost
3.23
ESIC expects that all personnel approved under this Agreement shall
remain available throughout the implementation of the assignment. Substitution of
personnel shall be permitted only in cases beyond the Project Implementation
Unit’s control, such as medical incapacity, death, or resignation. A maximum
substitution of 30% of personnel deployed in the contract and that too by only
equally or better qualified and experienced personnel shall be permitted during the
entire contract period. The following terms shall govern the substitution ensuring
that equal or higher qualifications and experience personnel shall be engaged:
a) The first substitution of 10% of personnel deployed in the contract and
that too by only equally or better qualified and experienced personnel
shall be permitted during the entire contract period without any penalty.
b) Further, next 10%. of substitution it shall attract deductions of amount of
10% of reimbursement of personnel from the date of substitution of
personnel.
c) Further for the next 10% of substitution, it shall attract deductions of
amount of 20% of reimbursement of personnel from the date of
substitution of personnel.
d) These reductions would apply from the date of replacement until the
contract's completion.
3.24
ESIC retains discretion to waive such deductions based on case-specific
considerations.
3.25
The Project Implementation Unit shall deploy personnel as tabulated under
and who shall discharge their respective responsibilities in accordance with the
position and expertise and will operate under ESIC and hence will be liable to
report to ESIC only for efficient monitoring of project:
S.No.
Designation
of
technical
staff
Qualification
Nos.
Recovery for
non-
deployment
of manpower
1
Team Leader
Post Graduate Engineer in civil
engineering with min. 20 years of
experience
in
project
management/civil
industry
and
shall have 5 years of experience in
healthcare.
1
1.20 times of
remuneration
quoted by the
PIU per month
per person,
calculated on
Page 98 of 142
Experience
with
scheduling
software e.g. Primavera P6 , MS
projects, BIM etc and
Familiar with web - based tools
Experience
with
Program
Management
documentation
standards for schedules.
a pro-rata
basis
considering 30
days per
month for the
number of
days of
shortfall
2
Deputy
team
Leader
Post Graduate Engineer in civil
engineering with min. 12 years of
experience
in
project
management/civil industry
Experience
with
scheduling
software e.g. Primavera P6 , MS
projects, BIM etc and Familiar with
web - based tools Experience with
Program
Management
documentation
standards
for
schedules.
1
3
Senior
Civil
Engineering
Expert
Graduate
Engineer
in
civil
engineering with min. 15 years’
experience
in
construction
industry
1
4
Senior
Electrical
Engineering
expert
Graduate Engineer in electrical
engineering with min. 15 years’
experience
in
construction
industry
especially
in
electrical/MEP
1
5
Contracts/
Procurement
Expert
Graduate engineer in engineering
with min. 12 years of experience in
procurement of works/services,
Contract management, resolving
contractual
issues,
arbitration
matters, etc
1
6
Healthcare
Planning
expert
MBBS
+
Post-Graduate
Diploma/Master’s
in
Hospital
Administration / Public Health
having 15 years of experience,
including
planning/functional
design
of
hospitals,
medical
1
(on-
demand
basis)
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colleges, OTs, ICUs, CSSD, and
diagnostic facilities
7
Senior
Estimate / QS
Expert
Graduate
engineer
in
civil/electrical
engineering
with
minimum 12 years of experience
in preparation of estimates in
construction projects and Quantity
surveyor in construction industry
1
8
Senior
Estimate / QS
Expert
Graduate
engineer
in
civil/electrical
engineering
with
minimum 12 years of experience
in preparation of estimates in
construction projects and Quantity
surveyor in construction industry
1
9
Senior Project
Coordinator
Graduate
Engineer
in
civil
engineering with min. 15 years of
experience
in
project
management/civil industry
Experience
with
scheduling
software e.g. Primavera P6 , MS
projects, BIM etc and
Familiar with web - based tools
Experience
with
Program
Management
documentation
standards for schedules.
4
10
Senior
Finance
Expert
Chartered Accountant (CA) or
MBA (Finance) from a recognized
institution with minimum 12 years
of
professional
experience
in
project
finance,
fund
flow
management/financial oversight of
large-scale infrastructure projects
Familiarity with statutory audit
requirements,
financial
documentation standards
Proficiency in financial modeling
tools, ERP systems, and MS Excel
for project monitoring.
1
11
Structural
Engineer
Graduate
engineer
in
Civil
Engineer with minimum 10 years
1
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of experience or Post graduate in
structural engineering with 5 years
of experience
12
Deputy
Architect
Graduate in Architecture with
minimum 05 years of experience
2
13
Deputy
Estimate / QS
Expert
Graduate
engineer
in
civil/electrical
engineering
with
minimum 5 years of experience in
preparation
of
estimates
in
construction projects and Quantity
surveyor in construction industry
2
14
Deputy
civil
engineer
Graduate
Engineer
in
civil
engineering with min. 10 years’
experience
in
construction
industry
1
15
Deputy
electrical
engineer
Graduate Engineer in electrical
engineering with min. 10 years’
experience
in
construction
industry
especially
in
electrical/MEP
1
16
Deputy
procurement
expert
Graduate engineer in engineering
with min. 08 years of experience in
procurement of works/services,
Contract management, resolving
contractual
issues,
arbitration
matters, etc
1
17
Deputy project
coordinator
Graduate
Engineer
in
electrical/mechanical engineering
with min. 10 years of experience in
project
management/infrastructure
industry
4
18
Deputy
finance expert
Chartered Accountant (CA) or
MBA (Finance) from a recognized
institution with minimum 05 years
of
professional
experience
in
project
finance,
fund
flow
management/financial oversight of
large-scale infrastructure projects
2
Page 101 of 142
Familiarity with statutory audit
requirements,
financial
documentation standards
Proficiency in financial modeling
tools, ERP systems, and MS Excel
for project monitoring.
19
Technical
assistant/Sup
porting staff for
each trade
Graduate from any recognized
university.
13
20
Environmental
Expert
Graduate/Post
graduate
in
Environmental
Engineering
or
Environmental
Science
with
minimum 12 years of experience
in environmental compliance for
infrastructure projects.
Certification/training
in
Environmental
Impact
Assessment
(EIA),
Biomedical
Waste Management, or Green
Building
Standards
(e.g.,
GRIHA/LEED) is preferable.
1 (on
demand
basis)
3.26
The number of resources may be increased or decreased as per
requirement on the same terms and conditions and at same quoted rates. In case
where payments under this Contract exceed the ceilings set forth, the Parties shall
sign a Contract amendment.
3.27
If the PMC fails to deploy the minimum manpower at site, due to reasons
not attributable to the Authority, a penalty equivalent to the cost of the personnel
unavailable plus 20% extra shall be recovered from Project Implementation Unit’s
running bills.
3.28
Age of the Key Personnel proposed should not be more than 65 (sixty-five)
Years on the last day of submission of proposal.
3.29
The ESIC reserves the right to ask for the details regarding the proof of age,
qualification, experience and association of the Key Personnel with the firm.
3.30
The personnel proposed for this task shall be exclusively engaged for its
execution and shall not be permitted to take up any other assignment, whether
within the organization or externally, during the period of their deployment except
for on-demand personnel.
3.31
The monthly rates indicated against each manpower shall be deposited
directly into the respective manpower’s bank account. If the amount deposited is
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found to be less than or more than the quoted rates, the minimum of the two (i.e.,
the deposited amount or the quoted rate) shall be payable to the PIU.
3.32
Working hours and holidays for Project Implementation Unit should be in
accordance with ESIC Hqrs working hours are to be accordingly set forth.
3.33
Time and quality shall be the essence of the contract and payment will be
made at actuals as per availability of resource as per attendance report
3.34
The daily biometric attendance should be mandatory and a report shall be
submitted at 10:00AM IST to the Chief Engineer on each day. A monthly report of
the biometric attendance shall be submitted to the Engineer along with other
relevant prescribed documents while submitting monthly bills.
3.35
1 leave per month i.e., 12 leaves will be allowed to a resource in a year
without any deduction in payment
3.36
Leaves of Team lead shall only be availed after prior approval of ESIC or
its representative.
3.37
The Project Implementation Unit shall not be entitled to be paid for overtime
nor to take paid sick leave or vacation leave and the Project Implementation Unit's
remuneration shall be deemed to cover these items.
3.38
On any day, not more than one person shall be allowed to avail leave. If
more than one person wants to avail leave, alternative person should be placed
that too not more than 2 times per month is allowed
3.39
At any given time, during the course of the assignment, based on the project
requirements, the ESIC may ask to reduce the minimum manpower as per the
contract suitably, by giving a notice period of 1 month. The Project Implementation
Unit has to reduce the manpower accordingly, without any further claims on this
account.
3.40
The PIU shall ensure that suitable alternate personnel are made available
during the absence of the assigned personnel or engineers, so as to avoid any
disruption in the performance of Services.
3.41
The PIU’s Representative and staff are obliged to work closely with the
ESIC's and its staff, act within their own authority, and abide by directives issued
by the ESIC that are consistent with the terms of the Contract.
3.42
The Project Implementation Unit agrees that, during the term of this
Contract and after its termination, the Project Implementation Unit and any entity
affiliated with the Project Implementation Unit, as well as any Sub-consultant and
any entity affiliated with such Sub-consultant, shall be disqualified from providing
goods, works or non-consulting services resulting from or directly related to the
Project Implementation Unit's Services for the preparation or implementation of the
project
3.43
The Project Implementation Unit shall not engage, and shall cause its
Personnel’s as well as its Sub-consultant not to engage, either directly or indirectly,
in any business or professional activities that would conflict with the activities
assigned to them under this Contract.
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3.44
The Project Implementation Unit shall keep, and shall make all reasonable
efforts to cause its Sub-Project Implementation Unit to keep, accurate and
systematic accounts and records in respect of the Services in such form and detail
as will clearly identify relevant time changes and costs.
3.45
The Project Implementation Unit shall permit the ESIC and/or persons
appointed by the ESIC to inspect the Site and/or all accounts and records relating
to the performance of the Contract and the submission of the Proposal to provide
the Services, and to have such accounts and records audited by auditors
appointed by the ESIC if requested by the ESIC.
3.46
All reports and relevant data and information such as maps, diagrams,
plans, databases, other documents and software, supporting records or material
compiled or prepared by the Project Implementation Unit for the ESIC in the course
of the Services shall be confidential and become and remain the absolute property
of the ESIC. The Project Implementation Unit shall, not later than upon termination
or expiration of this Contract, deliver all such documents to the ESIC, together with
a detailed inventory thereof. The Project Implementation Unit may retain a copy of
such documents, data and/or software but shall not use the same for purposes
unrelated to this Contract without prior written approval of the ESIC.
3.47
The PIU’s personnel’s may require to undertake domestic official tours with
due approval of ESIC. The reimbursement of or grant of advance for personnel’s
shall on similar lines as available to an employee of level 10 (7th CPC) for type
and class of accommodations, travel arrangements, food etc for all resources.
3.48
The PIU will be responsible to provide resources with laptops enabled with
required tools related to work and development environment for completing this
engagement
3.49
ESIC shall provide only the space for sitting along with provision of
electricity, all other arrangements including but not limited to proper functioning of
resources shall be required to be arranged by the PIU and the same shall be
considered while quoting the rates
3.50
The Project Implementation Unit should establish an office for their
Personnel’s & Staff, at the space and furniture provided by ESIC. The IT
infrastructure, IT softwares (for scheduling, accounting and other as per project
requirement) as required, transport, accommodation, and other essential
requirements for efficient working shall be provided by PIU within the quoted
rates. All utilities (Water, power, sanitary) will be provided by ESIC. All these
facilities should be established by the Project Implementation Unit immediately
(30 days) upon award of work at their own cost.
3.51
The Overhead expense (OH) and profit shall be paid in monthly instalment
along with payment towards manpower resources for the contract period i.e., 3
years.
4. ESIC's Responsibilities
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4.1 ESIC shall ensure free access to the project site as required for the performance
of the Services
4.2 ESIC shall ensure that the Contractors, Project Management Consultant (PMC)
engaged by ESIC provide necessary documents, drawings, test report etc., as
demanded by PIU for effective delivery of services.
4.3 ESIC shall make timely payments to the PIU in the manner and as per the terms
specified in payment Clause of this Agreement.
4.4 ESIC shall be responsible for providing security clearance for PIU personnel for
working at Project site, ESIC Hqrs in case these are required.
4.5 ESIC shall resolve the coordination issue or conflict issues between Project
Engineer, PMC, PIU if any.
4.6 ESIC shall ensure that in case of extension of contract, the PIU may be engaged
up-to the completion of the Construction period, with additional remuneration as
per tender document, if any.
4.7 Issue to officials, agents and representatives of the Government all such
instructions and information as may be necessary or appropriate for the prompt
and effective implementation of the Services.
4.8 ESIC shall provide only the space for sitting along with provision of electricity, all
other arrangements including but not limited to proper functioning of resources
shall be required to be arranged by the PIU and the same shall be considered
while quoting the rates
5. Payment terms and conditions
5.1 The payment shall be made on a monthly basis as per rate finalized against each
resource profiles required in the tender and according to the actual deployment
and resource profiles, subject to the submission of invoice of the service for the
preceding quarter and satisfactory performance.
5.2 The Overhead expense (OH) and profit shall be paid in monthly instalment along
with payment towards manpower resources for the contract period i.e., 3 years
5.3 PIU must raise their Bills / Invoices in the name of ESIC along with attendance
report from the concerned/assigned division of each resource. 12 leaves will be
allowed to a resource in a year without any deduction in payment.
5.4 Time and quality shall be the essence of the contract and payment will be made at
actuals as per availability of resource as per attendance report.
5.5 PIU should furnish details of the location from where they are going to raise their
Bills / Invoices to ESIC.
5.6 Payment must be subjected to deductions of any amount for which the service
provider is liable under the tender conditions. Further, all payments shall be made
subject to deduction of TDS (Tax deduction at source) as per the current Income
Tax Act and /or any other Govt. Orders / rules. The service provider shall be liable
for taxes such as GST or any other applicable tax.
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5.7 ESIC shall pay the amount as per the invoice by way of e-transfer/RTGS/NEFT
through public financial management system or any other system in place, subject
to satisfactory work and other parameters as may be defined by ESIC.
5.8 The PIU’s personnel’s may require to undertake domestic official tours with due
approval of ESIC. The reimbursement of or grant of advance for personnel’s shall
on similar lines as available to an employee of level 10 (7th CPC) for type and
class of accommodations, travel arrangements, food etc for all resources.
5.9 The PIU will be responsible to provide resources with laptops enabled with
required tools related to work and development environment for completing this
engagement
5.10
ESIC shall provide only the space and furniture for sitting along with
provision of electricity, all other arrangements including but not limited to proper
functioning of resources shall be required to be arranged by the PIU and the same
shall be considered while quoting the rates
5.11
The Project Implementation Unit should establish an office for their
Personnel’s & Staff, at the space and furniture provided by ESIC. The IT
infrastructure, IT softwares (for scheduling, accounting and other as per project
requirement) as required, transport, accommodation, and other essential
requirements for efficient working shall be provided by PIU within the quoted rates.
All utilities (Water, power, sanitary) will be provided by ESIC. All these facilities
should be established by the Project Implementation Unit immediately (30 days)
upon award of work at their own cost
5.12
The cost shall include all costs towards Software, Equipment, supervision,
training, manpower, other costs, profit, other levies together with all general risks,
liabilities and obligations set out or implied in the contract, statutory payments like
PF, ESI, applicable Professional Tax etc. to its employees, cost of insurance to
this contract, all applicable tax liabilities like, Income Tax & Surcharges, etc except
as mentioned in tender document. The GST shall be payable as per actual. No
claim whatsoever against the ESIC in respect of any proprietary right or copy right
shall be admissible
5.13
The ESIC shall pay the Project Implementation Unit’s invoices within Thirty
[30] days after the receipt by the ESIC of such itemized invoices with supporting
documents. Only such portion of an invoice that is not satisfactorily supported may
be withheld from payment. Should any discrepancy be found to exist between
actual payment and costs authorized to be incurred by the Project Implementation
Unit, the ESIC may add or subtract the difference from any subsequent payments
5.14
In the event that the ESIC has made or caused to be made any payment in
excess of the amount actually payable under the provisions of this Agreement, the
Project Implementation Unit shall reimburse the excess amount to the ESIC within
thirty (30) days of receiving written notice to that effect. Delay in reimbursement
beyond the stipulated period shall attract simple interest at the rate of General
Page 106 of 142
Provident Fund at the time of 30 days after submission of bill in holistic manner. If
not recoverable, then ESIC reserve the right to compensate the amount from PBG.
5.15
All payments under this Agreement shall be made to the bank account of
the Project Implementation Unit, as may be notified in writing by the Project
Implementation Unit to the ESIC.
5.16
At the time of final payment or before releasing of performance bank
guarantee, a No claim certificate shall be submitted by Project Implementation
Unit.
5.17
All payments shall be subject to verification and approval by ESIC.
6. Price Variation
6.1 The quoted rates shall remain firm for the initial contract period of three (3) years.
Price variation, if any, shall be applicable only for the mutually extended period
and shall be governed strictly as per the prescribed indexation formula.
6.2 In case of unforeseen circumstances decided by DG, ESIC, depending upon the
satisfactory performance decided by Chief Engineer, the tenure of the contract
agreement may be extended for another 02 (two) years on 1 plus 1 basis with the
mutual consent of ESI Corporation and the consultant / agency on same terms and
conditions.
6.3 In case the contract is extended mutually by ESIC and PIU then price variation
clause may be applied as follows that will be fixed for extended period as decided:
6.3.1 Base date shall be assumed to be the date of last bid submission deadline.
6.3.2 For incrementing in the quoted rates beyond the initially agreed timelines,
Indexation of remuneration will be done as per the CPI-IW published by
Labour Ministry for particular area/region. The following formula have been
used for the purpose of indexation:
Pa = {Cost of Manpower component * (CPI1 - CPIo )/ CPIo}
Where,
Pa is then adjustment amount payable to the bidder (a minus figure will
indicate a reduction in the contract price) on the date of supply.
Cost of manpower component on the base date (which is taken as the
month on which last date of bid submission including extension, if any).
CPIo is the Consumer Price Index (IW) published by Labour Ministry for
particular area/region of deployment for the base month
CPI1 is the Consumer Price Index (IW) published by Labour Ministry for
particular area/region of deployment for the last month of original contract
period i.e., 3 years from start date of contract.
6.3.3 No price adjustment shall be payable price variation this is less than or
equal to 2% (two percent) contract value.
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6.3.4 Total adjustment will be subject to maximum ceiling of 10% of contract
value, beyond which the price variation would be capped at this level. As
soon as it comes to light that price variations are likely to go beyond this
ceiling, and if the Project Implementation Unit is not agreeable to the price
variation being capped at that level, he may notify the ESIC under
‘Frustration of Contract’ provisions in the Tender Document/ Clause, for
termination of contract.
6.3.5 Payments for each supply would initially be made as per the base price
mentioned in the contract.
7. Statutory Variation Clause
The statutory increase in applicable GST rate only during the original delivery
period (or refixed delivery period i.e., after incorporating the extension of time
including escalation or without levy of compensation) shall be to ESIC’s account.
Any increase in the rates of GST beyond the original completion date during the
extended delivery period (for delays attributable to the Project Implementation
Unit) shall be borne by the consultant, however the benefit of any reduction in GST
rate must be passed on to the ESIC during the original and extended delivery
period. GST rate amendments shall be considered for quoted HSN code only,
against documentary evidence, provided such an increase of GST rates after the
last date of bid submission. The ESIC is not liable for any claim from the consultant
on account of fresh imposition and/ or increase (including statutory increase) of
GST, customs duty, or other duties on raw materials and/ or components used for
the purpose of delivery of the contracted services taking place during the pendency
of the contract unless such liability is expressly agreed to in terms of the contract.
8. Performance Bank Guarantee
8.1 For the purposes of this Agreement, the Performance Security shall be an amount
equivalent to 5% percent of the Contract Value shall be furnished
8.2 For clarity, it is expressly agreed by the Parties that, in addition to the right to
appropriate the Performance Security amount held, the ESIC may, in the event of
any default necessitating further appropriation, recover the required amount by
deducting it from any payments subsequently due to the Project Implementation
Unit, as though such deductions were appropriations of the Performance Security
in accordance with this Agreement
8.3 Without prejudice to the imposition of liquidated damages not constituting a
penalty, as set forth in Clause of Liquidated damages, the Project Implementation
Unit may be issued a warning in instances of minor deficiencies in performance.
However, in the event of material shortcomings in the Services that result in a
detrimental impact on the Project, appropriate disciplinary measures—including
debarment for a defined period—may be undertaken in accordance with the
prevailing policies of the ESIC.
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9. Delay in Performance of Services:
Project Implementation Unit shall be required to adhere to the scope specified in
the Contract (or as extended) and, if there is a deviation in performance of services,
it amounts to breach of contract, since ‘Time is the Essence of the Contract’. The
Project Implementation Unit should notify the ESIC and explain the causes of such
delays.
The delivery of services may be delayed for a variety of reasons, such as delay
attributable to the Project Implementation Unit or Delays in performance for which
Project Implementation Unit may not be responsible.
9.1 Delays attributable to the Project Implementation Unit
In case of delays attributable to the Project Implementation Unit, the ESIC may
without prejudice to his other rights
a. recover from the PIU liquidated damages as contract clause or
b. treat the delay as a breach of contract and avail all the remedies therein,
although it is in purchaser’s interest to resort to this provision only as a last
resort, in case of inordinate delays.
9.2 Delay in Performance for which Project Implementation Unit is not
Responsible
a. In cases where there is a delay for which the Project Implementation Unit is
not responsible,
b. Delays for which both ESIC and Project Implementation Unit may be
responsible to a different extent. In such cases, the levy of LD and Denial
clause shall be decided on merits.
10. Extension of time
10.1
In case of unforeseen circumstances decided by DG, ESIC, depending
upon the satisfactory performance decided by Chief Engineer, the tenure of the
contract agreement may be extended for another 02 (two) years on 1 plus 1 basis
with the mutual consent of ESI Corporation and the consultant / agency on same
terms and conditions.
11. Performance Notice
In the event that the Project Implementation Unit fails to complete the contracted
services as per scope in documents, due to reasons attributable to their own
negligence, default, or omission, and no formal request has been submitted by the
Project Implementation Unit, yet the ESIC continues to require the delivery of such
services and does not intend to terminate the Contract, ESIC shall have the sole
discretion to issue a Performance Notice (also referred to as a Notice-cum-
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Extension Letter) by suitably extending the delivery date and by imposing LD with
denial clauses, and so on.
The Project Implementation Unit shall be required to acknowledge and accept the
terms of the Performance Notice in writing within the 10 days. Upon such
acceptance, the revised terms, if any shall be deemed incorporated into the
Contract by way of formal extension. Failure by the Project Implementation Unit to
acknowledge and accept the Performance Notice within 10 days shall entitle ESIC
to initiate appropriate action, including but not limited to:
a) Termination of the Contract under the relevant termination clause;
b) Forfeiture of the performance security, if applicable;
c) Recovery of losses or damages sustained due to delay;
d) Debarment or blacklisting as per the applicable procurement rules and policies
of ESIC/Government of India.
Nothing in this Clause shall be construed as a waiver of any rights available to
ESIC under law, equity, or the terms of this Contract.
12. Denial Clause
If delay in delivery of scope or performance is attributable to the Project
Implementation Unit, the ESIC shall protect itself against extra expenditure during
the extended period by stipulating a denial clause (over and above levy of LD) in
the letter informing the Project Implementation Unit of extension of the contract
period. In the denial clause (applicable for delays attributable to Project
Implementation Unit), any increase in statutory duties and/or upward rise in prices
due to the Price variation clause (PVC) clause and/or any adverse fluctuation are
to be borne by the Project Implementation Unit during the extended contract
period, while the ESIC reserves his right to get any benefit of a downward revisions
in statutory duties, PVC. Thus, in cases of delays attributable to Project
Implementation Unit, PVC, other variations clauses operate only during the original
contract period.
13. Liquidated Damages and Penalties
13.1
Liquidated damages for Performance/error/variation
In the event that any error or variation is found in the reports submitted by the
Project Implementation Unit, or failure to submit reports on time and incident is
attributable to negligence or lack of due diligence on the part of the Project
Implementation Unit, the resulting damages shall be reasonably assessed by the
ESIC and recovered as deemed liquidated damages. ESIC reserves the right to
impose the penalty at 0.50% of the monthly billable value of the PIU per such
incidents as approved by the competent authority subject to a maximum limit of
(10%) of the Agreement Value.
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13.2
Limitation of Liability
a) The Project Implementation Unit liability under this Contract shall be as
determined under the Applicable Law.
b) The Project Implementation Unit shall not be liable to the ESIC, whether in
contract, tort, or otherwise, for any indirect or consequential loss or damage,
loss of use, or loss of “interest" costs, provided that this exclusion shall not
apply to any obligation of the Project Implementation Unit to pay liquidated
damages to the ESIC; and the Project Implementation Unit shall replace all
the equipment/resources which is intentionally / accidentally damaged
during the course of supply of services.
c) The aggregate liability of the Project Implementation Unit to the ESIC,
whether under the Contract, in tort or otherwise, shall not exceed the total
Contract Price, agreed by the both parties; provided that this limitation shall
not apply to any obligation of the Project Implementation Unit to indemnify
the ESIC with respect to intellectual property rights infringement.
14. Indemnity Clause
14.1
The Project Implementation Unit herby agrees to indemnify and keep the
ESIC indemnified from and against any financial loss (including reasonable
counsel fee) or damages caused to the ESIC arising out of misrepresentation,
negligence, misconduct and/or misdemeanor or any breach of applicable laws or
of the provisions of this Agreement on the part of the Project Implementation Unit
or any of its employees etc.
14.2
The Project Implementation Unit shall indemnify, defend, and hold harmless
ESIC, its officers, directors, employees, agents, and assigns (collectively, the
"Indemnitees"), from and against any and all claims, losses, expenses, damages,
liabilities, and costs (including reasonable counsel fees and expenses) arising out
of or in connection with any of the following:
a. any breach of this Agreement by Project Implementation Unit;
b. any claims arising out of Project Implementation Unit’s use of the ESIC's
intellectual property;
c. any willful misconduct, negligence, recklessness, or unlawful act of the Project
Implementation Unit or its agents or employees related to project or at project
site;
d. any third-party claims or actions related to the Project Implementation Unit’s
products, services, or activities; and
e. any claims arising out of any third-party products, services, or activities
provided by Project Implementation Unit to the ESIC.
14.3
Project Implementation Unit shall have the right to assume the defense of
any claim covered by this indemnity clause, but ESIC shall have the right to
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participate in the defense. Project Implementation Unit shall not settle any claim
covered by this indemnity clause without the prior written consent of ESIC.
14.4
The Project Implementation Unit further agrees that in the event any
workman or labour engaged by the Project Implementation Unit or its employees/
agents/ sub-agents/ sub-contractors/Sub-consultants etc. on any basis that is full
time/part time or contractual or casual, meeting with any accident arising out of or
in the course of his/her employment as aforesaid resulting in any injury, partial
disablement or total disablement of what-so ever nature to him/her and the ESIC
in addition to the principal employer, i.e., the Project Implementation Unit is being
held liable to pay any amount of compensation by the authority under applicable
laws, the Project Implementation Unit as the principal employer shall indemnify
and keep indemnified the ESIC against such liability for compensation and also for
all costs charges and expenses if any incurred by the ESIC in defending the claim
for compensation by such worker or his legal representative and shall pay the
same to the ESIC on demand failing which the ESIC will be entitled to recover the
same that is the amount of the compensation awarded and the cost of charges
and expenses referred to above from the Project Implementation Unit by any due
process of law and/or by deducting the same from the moneys payable to the
Project Implementation Unit under the said agreement above referred to or
otherwise.
14.5
It is further agreed between the parties that in the event of any accident
occurring as aforesaid and claim for compensation being made by the worker or
any other body else entitled to make the same under any applicable law, the ESIC
will be entitled to engage any lawyer or lawyers and defend the claim till the last
stage of judicial process and the Project Implementation Unit will be liable to pay
the ESIC all cost charges and expenses reasonably incurred by the ESIC in that
behalf and the amount of such costs charges and expenses incurred and
demanded by the ESIC shall be binding on the PSU and it shall not be entitled to
dispute the same.
14.6
Indemnifying ESIC regarding Copyright, Intellectual Property (IPR)
All deliverables, outputs, plans, drawings, specifications, designs, reports, and
other documents and software submitted by the consultant under this Contract
shall become and remain the property of the ESIC and subject to laws of copyright
and must not be shared with third parties or reproduced, whether in whole or part,
without the ESIC’s prior written consent. The consultant shall, not later than upon
termination or expiration of this Contract, deliver all such documents and software
to the ESIC, together with a detailed inventory thereof. The Consultant (and its
allied firms) shall maintain confidentiality and secrecy of ESIC’s information
provided to it (or that it comes across during execution of Contract). The consultant
shall indemnify the ESIC against any breach of third party’s IPR. Project
Implementation Unit shall indemnify and hold harmless the ESIC and its
employees and officers from and against any and all losses, liabilities, and costs
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(including losses, liabilities, and costs incurred in defending a claim alleging such
a liability), that the ESIC or its employees or officers may suffer as a result of any
infringement or alleged infringement of any Intellectual Property Rights by reason
of performance of the service.
If any proceedings are brought or any claim is made against the ESIC arising out
of the matters referred in this clause, then ESIC shall promptly give the Project
Implementation Unit notice of such proceedings or claims, and the Project
Implementation Unit may at its own expense and conduct such proceedings or
claim and any negotiations for the settlement of any such proceedings or claim.
14.7
Professional Indemnity insurance
a. The Consultant shall, at its own cost, procure and maintain throughout the
term of this Agreement and for a period of three (3) years thereafter, a valid
Professional Indemnity Insurance Policy with coverage of not less than 20%
of the total contract value.
b. Proof of such insurance shall be furnished to the ESIC within 15 days of award
of work and renewal thereof shall be ensured without lapse.
c. The liability of the Consultant under this Clause shall be absolute and
continuing, and shall survive the termination, completion, or expiry of this
Agreement, without prejudice to any other rights or remedies available to the
Employer under law or equity.
d. No limitation of liability or exclusion clause contained elsewhere in this
Agreement shall restrict or prejudice the Employer’s rights under this
Professional Indemnity Clause.
15. Force majeure
15.1
“Force Majeure" means an event which is beyond the reasonable control of
a Party, is not foreseeable, is unavoidable, and makes a Party's performance of its
obligations hereunder impossible or so impractical as reasonably to be considered
impossible under the circumstances, and subject to those requirements, includes,
but is not limited to, Pandemics, war, riots, crimes (but not including negligence or
wrong-doing, predictable/seasonal rain and any other events specifically excluded
in the clause), civil disorder, earthquake, fire, explosion, storm, flood or other
adverse weather conditions, strikes, lockouts or other industrial action confiscation
or any other action by Government agencies.
Force Majeure shall not include
a) any event which is caused by the negligence or intentional action of a
Party or such Party's Personnel’s or agents or employees, or
b) any event which a diligent Party could reasonably have been expected to
both take into account at the time of the conclusion of this Contract, and
avoid or overcome in the carrying out of its obligations hereunder.
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15.2
No Breach of Contract
Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder. The failure of a Party to fulfill any of its obligations
hereunder shall not be considered to be a breach of, or default under, this Contract
insofar as such inability arises from an event of Force Majeure, provided that the
Party affected by such an event has taken all reasonable precautions, due care
and reasonable alternative measures, all with the objective of carrying out the
terms and conditions of this Contract.
15.3
Measures to be Taken
A Party affected by an event of Force Majeure shall continue to perform its
obligations under the Contract as far as is reasonably practical and shall take all
reasonable measures to minimize the consequences of any event of Force
Majeure.
A Party affected by an event of Force Majeure shall notify the other Party of such
event as soon as possible, and in any case not later than fourteen [14] calendar
days following the occurrence of such event, providing evidence of the nature and
cause of such event, and shall similarly give written notice of the restoration of
normal conditions as soon as possible. Any period within which a Party shall,
pursuant to this Contract, complete any action or task, shall be extended for a
period equal to the time during which such Party was unable to perform such action
as a result of Force Majeure.
During the period of their inability to perform the Services as a result of an event
of Force Majeure, the Project Implementation Unit, upon instructions by the ESIC,
shall either
c) Demobilize, in which case the Project Implementation Unit shall be
reimbursed for additional costs they reasonably and necessarily incurred,
and, if required by the ESIC, in reactivating the Services; or
d) Continue with the Services to the extent reasonably possible, in which
case the Project Implementation Unit shall continue to be paid under the
terms of this Contract and be reimbursed for additional costs reasonably
and necessarily incurred.
15.4
The party or parties affected by the event of Force Majeure shall use
reasonable efforts to mitigate the effect of the event of Force Majeure upon its or
their performance of the Contract and to fulfil its or their obligations under the
Contract, but without prejudice to either party's right to terminate the Contract.
15.5
No delay or non-performance by either party to this Contract caused by the
occurrence of any event of Force Majeure shall constitute a default or breach of
the Contract;
15.6
If the performance of the Contract is substantially prevented, hindered, or
delayed for a single period of more than sixty [60] days or an aggregate period of
more than one hundred and twenty [120] days on account of one or more events
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of Force Majeure during the time period covered by the Contract, the parties will
attempt to develop a mutually satisfactory solution, failing which, either party may
terminate the Contract by giving a notice to the other
15.7
Notwithstanding Clause extension of time, Force Majeure shall not apply to
any obligation of the ESIC to make payments to the Project Implementation Unit
under this Contract.
16. Redressal of disputes
16.1
Disputes and Excepted Matters
All disputes and differences between the parties hereto, as to the construction or
operation of this Contract, or the respective rights and liabilities of the parties on
any matter in question, or any other account whatsoever, but excluding the
Excepted Matters; arising out of or in connection with the contract, within thirty (30)
days from aggrieved Party notifying the other Party of such matters; whether
before or after the completion/ termination of the contract, that cannot be resolved
amicably between the Chief Engineer and the Project Implementation Unit, shall
be hereinafter called the “Dispute”. The aggrieved party shall give a ‘Notice of
Dispute’ indicating the Dispute and claims citing the relevant Contractual clause to
the designated authority requesting invoking the following dispute resolution
mechanism. Before any recourse to courts, the dispute shall be resolved through
dispute resolution mechanisms detailed subsequently in the sequence mentioned
below, and the next mechanism shall not be invoked unless the earlier mechanism
has been invoked or has failed to resolve it within the deadline mentioned therein.
a. Adjudication
b. Mediation
c. Arbitration
16.2
Excepted Matters
Matters for which provision has been made in any Clause of the contract shall be
deemed as ‘excepted matters’ (matters not disputable/ arbitrable), and decisions
of the ESIC, thereon, shall be final and binding on the Project Implementation Unit.
The ‘excepted matters’ shall stand expressly excluded from the purview of the sub-
clauses below, including Arbitration. However, where the ESIC has raised the
dispute, this sub-clause shall not apply. Unless otherwise stipulated in the contract,
excepted matters shall include but are not limited to:
a. Any controversies or claims brought by a third party for bodily injury, death,
property damage or any indirect or consequential loss arising out of or in any
way related to the performance of this Contract (“Third Party Claim”), including,
but not limited to, a Party’s right to seek contribution or indemnity from the
other Party in respect of a Third-Party Claim.
b. Issues related to the pre-award Procurement Process or conditions
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c. Issues related to ambiguity in Contract terms shall not be taken up after a
Contract has been signed. All such issues should be highlighted before the
signing of the contract by the Consultant.
d. Provisions incorporated in the contract which are beyond the purview of The
ESIC or are in pursuance of policies of Government, including but not limited
to:
i. Provisions of restrictions in terms of the Make in India policy of the
Government
ii. Provisions regarding restrictions on Entities from Countries having land
borders with India in terms of the Central Government’s policies in this
regard.
iii. Relaxations stipulated for Startups etc.
16.3
Adjudication
After exhausting efforts to resolve the Dispute with the Chief Engineer executing
the contract on behalf of the ESIC, the Project Implementation Unit shall give a
‘Notice of Adjudication’ specifying the matters which are in question or subject of
the dispute or difference indicating the relevant contractual clause, as also the
amount of claim item wise to Director General, ESIC or any other authority
mentioned in the contract (hereinafter called the “Adjudicator”) for invoking
resolution of the dispute through Adjudication. During his adjudication, the
Adjudicator shall give adequate opportunity to the Project Implementation Unit to
present his case. Within 60 days after receiving the representation, the Adjudicator
shall make and notify decisions in writing on all matters referred to him. During the
adjudication proceedings, the parties shall not initiate any conciliation, arbitral, or
judicial proceedings in respect of a dispute that is the subject matter of the
adjudication proceedings. If not satisfied by the decision in adjudication, or if the
adjudicator fails to notify his decision within the abovementioned time-frame, the
Project Implementation Unit may proceed to invoke the process of Mediation as
follows.
16.4
Mediation
16.4.1 Any party may invoke Mediation by submitting “Notice of Mediation” to the
Director General, ESIC. A neutral third party, known as the Mediator, facilitates
the mediation process. If the other party is not agreeable to Mediation, the
aggrieved party may invoke Arbitration.
16.4.2 The Mediation Act: The Mediation shall be conducted as per The Mediation
Act 2023 (as amended time to time)
16.4.3 Appointment of Mediator(s):
e) Mediators can be of any nationality and must be registered with the
Mediation Council of India (MCI) or empanelled by a court-annexed
mediation centre or empanelled by an Authority constituted under the
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Legal Services Authorities Act, 1987 or empanelled by a mediation service
provider (MSP) recognised by MCI.
f) Within 30 days of receipt of the “Notice of Mediation”, the Director General,
ESIC shall propose names of three likely mediators from its panel, asking
the other party to choose one as Mediator. The mutually accepted
mediator shall then be appointed to conduct mediation.
g) If parties do not agree on the mediator, they can approach a mediation
service provider ("MSP", recognised by MCI), who shall appoint a mediator
based on the suitability and preferences of the parties within 7 days.
h) Independent External Monitors (IEMs) can be appointed as mediators, as
per the Standard Operating Procedure (SOP) issued by the Central
Vigilance Commission (CVC).
i) After a mediator is appointed, they must disclose any conflict of interest.
Either party can seek a replacement of the Mediator after such disclosure.
16.4.4 Venue: Mediation must be conducted within the territorial jurisdiction of the
Court, which has jurisdiction to decide the dispute unless both parties agree to
do it online or at any other place.
16.4.5 The Process:
a) The
Mediator
independently and
impartially
encourages open
communication and cooperation between disputing parties to reach an
amicable settlement, but he does not have the authority to impose a
settlement upon the parties to the dispute. The parties shall be informed
expressly by the mediator that he only facilitates in arriving at a resolution
of the dispute and that he shall not impose any settlement nor give any
assurance that the mediation may result in a settlement.
b) Unlike court proceedings, Mediation is informal and flexible and allows
for creative problem-solving and exploration of various solutions. The
Code of Civil Procedure or the Bhartiya Sakshya Adhiniyam (BS), 2023
shall not be binding on the mediator. The parties can determine the
mediation’s venue, manner, and language.
c) Confidentiality: All the acknowledgements, opinions, suggestions,
promises, proposals, apologies, and admissions made during the
mediation; acceptance/ willingness to accept proposals in the mediation;
documents prepared solely for the conduct of mediation are strictly
confidential. These can neither be relied upon as evidence in any
subsequent court proceedings nor be asked to be disclosed by any court/
tribunal. No audio or video recording of the mediation proceedings shall
be made or maintained by the parties or the participants, including the
mediator and mediation service provider, whether conducted in person
or online, to ensure the confidentiality of the mediation proceedings.
d) Online Mediation: The Act allows parties to opt for online/ virtual
Mediation, which shall be deemed to occur within the jurisdiction of a
competent court. The Act also requires online mediation communication
mechanisms to ensure confidentiality.
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e) The mediator initially meets the parties separately and communicates the
view of each party to the other to the extent agreed upon by them. He
assists them in identifying issues, advancing better understanding,
clarifying priorities, exploring areas of the parties’ responsibility,
identifying common interests, and encouraging compromise. He then
meets them jointly to encourage a mutually acceptable resolution. At any
stage of the mediation proceedings, at the parties’ request, the mediator
may suggest a dispute settlement in writing
f) Termination of Mediation: The process must be completed within 120
days, though parties can extend it by another 60 days through mutual
consent. If Mediation is not completed within this timeline, the Mediator
shall prepare a non-settlement report without disclosing the cause of non-
settlement or any other matter or thing referring to their conduct during
mediation for the parties or the Mediation Service Provider (MSP).
Mediation shall also stand terminated on a declaration of the mediator,
after consultation with the parties or otherwise, that further efforts at
mediation are no longer justified or on communication by a party(ies) in
writing, addressed to the mediator and the other parties that they wish to
opt out of mediation. On termination of Mediation, if the dispute is still
alive, the aggrieved party shall be free to invoke Arbitration.
g) Mediated Settlement Agreement (MSA): If the parties resolve the
dispute and execute a mediated settlement agreement (“MSA”), then the
Mediation is successful. An MSA is a written agreement settling some or
all disputes and may extend beyond the disputes referred to mediation.
It must be valid under the Indian Contract Act, signed by both parties, and
duly authenticated by the Mediator for the parties or the MSP. The Act
provides options for MSA registration. During the pendency of
proceedings, parties can also execute other agreements, settling some
of the subject matter disputes.
h) Challenge to MSA: MSA can be challenged within 90 days on limited
grounds of (a) fraud, (b) corruption, (c) impersonation, and (d) subject
matter being unfit for Mediation.
i) Execution of MSA: If there is no challenge or a challenge is
unsuccessful, the Act ensures that the MSA is binding and enforceable,
akin to a judgment or decree. This means that if one party fails to comply
with the MSA, the non-defaulting party has a right to enforce it through
the Court.
j) Costs: The parties shall equally bear all costs of mediation, including the
fees of the mediator and the charges of the mediation service provider.
k) No claim of Interest during Mediation proceedings: Parties shall not
claim any interest on claims/counter-claims from the date of notice
invoking Mediation till the execution of the settlement agreement if so
arrived. If parties cannot resolve the dispute, either party shall claim no
interest from the date of notice invoking Mediation until the date of
Termination of Mediation Proceedings.
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l) The parties shall not initiate, during the mediation proceedings, any
arbitral or judicial proceedings in respect of a dispute that is the subject
matter of the mediation proceedings.
16.5 Arbitration Agreement
If an amicable settlement is not forthcoming, recourse may be taken to the
settlement of disputes through arbitration as per the Indian Arbitration and
Conciliation Act, 1996 [Amended 2015 and 2021].
16.5.1 This agreement
a. This Arbitration Agreement (hereinafter referred to as this “Agreement”)
relating to this Contract (hereinafter called the “Main Agreement” for this
agreement) is made under the provisions of The Arbitration and
Conciliation Act, 1996, as amended from time to time and the rules
thereunder (hereinafter called The Arbitration Act). This Agreement shall
continue to survive termination, completion, or closure of the Main
Agreement for 3 years days afterwards.
b. Subject to aforesaid provisions, relevant clauses of the contract shall apply
to the appointment of arbitrators and arbitration proceedings under this
Agreement.
c. The Micro, Small and Medium Enterprises Development (MSMED) Act,
2006 provides parties to a dispute (where one of the parties is a Micro or
Small Enterprise) to be referred to the Micro and Small Enterprises
Facilitation Council if the dispute is regarding any amount due under
Section 17 of the MSMED Act, 2006. If a Micro or Small Enterprise, being
a party to dispute, refers to the MSMED Act 2006, these provisions shall
prevail over this Agreement. However, if an arbitrator has already been
appointed under this agreement before the appointment of a conciliator/
arbitrator by the facilitation council, the arbitrator already appointed under
this agreement shall continue to perform the duties including on matters
related to delayed payments. Such an arbitrator shall be deemed to be the
arbitrator appointed by the facilitation council. None of the parties shall
approach the facilitation council to appoint an arbitrator once an arbitrator
under this agreement has already been appointed.
16.5.2 Notice for Arbitration
Authority to Appoint Arbitrator(s):
a. For this Arbitration Agreement, ‘The Appointing Authority’ to appoint the
arbitrator shall be Director General, ESIC and includes if there be no such
authority, the officer who is for the time being discharging the functions
of that authority, whether in addition to other functions or otherwise.
b. In the event of any dispute as per “Disputes and expected matters”
above, if the Adjudicator fails to decide within 60 days, or the Mediation
is terminated, then any party to the contract, after 60 days but within 120
days of ‘Notice of Dispute” shall request the other party through a “Notice
for Arbitration” in writing that the dispute or difference be referred to
arbitration.
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c. The “Notice for arbitration” shall specify the matters in question or the
subject of the dispute or difference, indicating the relevant contractual
clause and the amount of claim item-wise.
16.5.3 Reference to Arbitration
After appointing Arbitrator(s), the Appointing Authority shall refer the Dispute to
them. Only such dispute or difference shall be referred to arbitration regarding
which the demand has been made, with counter-claims or set off. Other matters
shall be beyond the jurisdiction of the Arbitrator(s)
16.5.4 Appointment of Arbitrator
The appointing authority for arbitrators, may ask the Project Implementation
Unit to recommend his nominee arbitrator either from names suggested from
approved panel of the ESIC or from an approved panel of the Indian Council of
Arbitration (ICA) within 30 days from the date of dispatch of the written and
valid acceptance of the demand for arbitration by the appointing authority.
Guidelines of ICA Rules for Domestic Commercial Arbitration are as under:
a) The Project Implementation Unit may access the ICA's panel of arbitration
through the ICA's official webpage: https://icaindia.co.in/pdf/Engineers.pdf.
b) A formal request for nomination shall be submitted to ICA, accompanied by:
i. A brief Statement of Claim outlining the nature and quantum of the
disputes
ii. A copy of the relevant contract and any supporting documents
iii. A copy of the notice intimating the other party of the initiation of
arbitration proceedings, with proof of delivery (if any).
c) Ad-hoc appointment fees for the nomination and appointment of arbitrators
shall be as per the ICA Rules for Domestic Commercial Arbitration and
revised from time to time. The fee shall be submitted along with the request.
d) The nomination and appointment of arbitrators from the ICA panel shall be
as per the ICA Rules for Domestic Commercial Arbitration and shall be
amended from time to time.
16.5.5 Qualification of Arbitrators
16.5.5.1 In the case of retired officers of ESIC, they shall have retired in the rank
of Senior administrative grade (or equivalent) and shall have retired at
least 1 year prior and must not be over 70 years of age on the date of
Notice for arbitration.
16.5.5.2 In the case of serving officers, they shall not be below JA Grade level.
16.5.5.3 In case of serving or retired officer, he should not have been:
i. involved in current vigilance/ CBI cases or against whom disciplinary
or prosecution proceedings are not in process.
ii. imposed a major penalty or two or more minor penalties or
undergone administrative action three times or more, or
iii. imposed a minor Penalty and undergone two administrative actions
due to vigilance/CBI action while in service.
16.5.5.4 He/ they shall not have had an opportunity to deal with the matters to
which the contract relates or who, in the course of his/ their duties as an
officer of the ESIC, expressed views on any or all of the matters under
Page 120 of 142
dispute or differences. A certification to this effect shall be taken from
Arbitrators. The proceedings of the Arbitral tribunal or the award made by
such Tribunal shall, however, not be invalid merely for the reason that one
or more arbitrators had, in the course of his service, an opportunity to deal
with the matters to which the contract relates or who in the course of his/
their duties expressed views on all or any of the matters under dispute.
16.5.5.5 An Arbitrator may be appointed notwithstanding the total number of
arbitration cases in which he has been appointed.
16.5.5.6 Not be other than the person appointed by The Appointing Authority, and
if for any reason that is not possible, the matter shall not be referred to
arbitration at all.
16.5.6 Replacement of Arbitrators
If one or more of the arbitrators appointed as above refuses to act as arbitrator,
withdraws from his office as arbitrator, or in the event of the arbitrator dying,
neglecting/ unable or unwilling or refusing to act for any reason, or his award
being set aside by the court for any reason, or in the opinion of The Appointing
Authority fails to act without undue delay, the Appointing Authority shall appoint
new arbitrator/ arbitrators to act in his/ their place in the same manner in which
the earlier arbitrator/ arbitrators had been appointed. Such a re-constituted
Tribunal may, at its discretion, proceed with the reference from the stage at
which it was left by the previous arbitrator (s).
16.5.7 Appointment of Arbitrator:
16.5.7.1 In cases where the total value of all claims in question added together
does not exceed Rs 50,00,000/ - (Rupees Fifty Lakh only), the Arbitral
Tribunal shall consist of the sole Arbitrator. For this purpose, The
Appointing Authority shall will send a panel of at least four (4) names of
retired Officer(s) (retired not below the rank of Senior Administrative
Grade Officer) empaneled to work as Appointing Authority Arbitrator duly
indicating their retirement dates to the Project Implementation Unit within
60 days from the day when a written and valid demand for arbitration is
received by the Appointing Authority.
16.5.7.2 The Project Implementation Unit shall be asked to nominate to the
Appointing Authority at least 2 names of arbitrators. These can be out of
the panel suggested by the approving authority or from an approved panel
of the Indian Council of Arbitration within 30 days from the date of dispatch
of the request by the Appointing Authority. The Appointing Authority shall
appoint at least one out of them as the arbitrator within 30 days from the
receipt of the names of the Project Implementation Unit’s nominees.
16.5.7.3 In cases where the total value of all claims in question added together
exceeds ₹ 50,00,000/- (Rupees Fifty Lakh), the Arbitral Tribunal shall
consist of a Panel of three (3) arbitrators. For this purpose, the Appointing
Authority will send a panel of at least four (4) names of retired Officers
(retired not below the rank of Senior Administrative Grade Officer)
empanelled to work as Arbitrator duly indicating their retirement date to
the Project Implementation Unit within 60 days from the day when a
Page 121 of 142
written and valid demand for arbitration is received by the Appointing
Authority. The Project Implementation Unit shall be asked to nominate to
the Appointing Authority at least 2 names of arbitrators. These can be out
of the panel suggested by the approving authority or from an approved
panel of the Indian Council of Arbitration within 30 days from the date of
dispatch of the request by the Appointing Authority. The Appointing
Authority shall appoint at least one out of them as the Project
Implementation Unit’s nominee and shall also simultaneously appoint his
nominee arbitrator either from the panel or from outside the panel. The
Appointing Authority shall complete this exercise of appointing the Arbitral
Tribunal within 30 days of the receipt of the names of the Project
Implementation Unit’s nominees. Two selected arbitrators are free to
select a presiding arbitrator (3rd arbitrator) within thirty (30) days from their
appointment. The presiding arbitrator may be selected from an approved
panel of the ESIC or from an approved panel of the Indian Council of
Arbitration (as per mutual agreement), which will be approved by the
appointing authority within 30 days of receipt of such name.
16.5.7.4 If the Project Implementation Unit does not suggest his nominees for the
arbitral tribunal within the prescribed timeframe, or the two appointed
arbitrators fail to nominate a presiding arbitrator, the Appointing Authority
shall proceed with the appointment of the arbitral tribunal within 30 days
of the expiry of such time provided to the Project Implementation Unit.
16.5.7.5 Failure to appoint Arbitrators
If The Appointing Authority fails to appoint an arbitrator, or two appointed
arbitrators fail to agree on the third arbitrator, within 60 (sixty) days, then
subject to the survival of this Arbitration Agreement, in international
commercial arbitration, the Supreme Court of India shall designate the
arbitral institution for the appointment of arbitrators. In case of national
arbitrations, the High Court shall designate arbitral institutions. The
Arbitration Council of India must have graded these arbitration institutions.
These arbitral institutions must complete the selection process within thirty
days of accepting the request for the arbitrator's appointment.
16.6 The Arbitral Procedure
16.5.1 Effective Date of Entering Reference: The arbitral tribunal shall be deemed
to have entered the reference on the date the arbitrator(s) received notice of
their appointment. All subsequent time limits shall be counted from such date.
16.5.2 Seat and Venue of Arbitration: The seat of arbitration shall be where the
Letter of Award or the contract is issued. The venue of arbitration shall be the
same as the seat of arbitration. However, in section 20 of The Arbitration Act,
the arbitrator, at his discretion, may determine a venue other than the seat of
the arbitration without affecting the legal jurisdictional issues linked to the seat
of the arbitration.
16.5.3 If the Adjudication and/ or Mediation mechanisms had not been exhausted
before such a reference to Arbitration, the Arbitrator should ask the aggrieved
Page 122 of 142
party to approach the designated authority for such mechanisms before the
Arbitration proceedings are started.
16.5.4 The claimant shall submit to the Arbitrator(s) with copies to the respondent his
claims stating the facts supporting the claims along with all the relevant
documents and the relief or remedy sought against each claim within 30 days
from the date of appointment of the Arbitral Tribunal unless otherwise extension
has been granted by Arbitral Tribunal.
16.5.5 On receipt of such claims, the respondent shall submit its defense statement
and counter-claim(s), if any, within 60 days of receipt of the copy of claims,
unless otherwise extension has been granted by Arbitral Tribunal.
16.5.6 No new claim shall be added during proceedings by either party. However, a
party may amend or supplement the original claim or defence thereof during
arbitration proceedings subject to acceptance by the Tribunal due to the delay
in making it.
16.5.7 Statement of claims, counterclaims and defence shall be completed within six
months from the effective reference date.
16.5.8 Oral arguments to be held on a day-to-day basis: Oral arguments as far as
possible shall be heard by the arbitral tribunal daily, and no adjournments shall
be granted without sufficient cause. The arbitrator (s) may impose an
exemplary cost on the party seeking adjournment without sufficient cause.
16.5.9 Award within 12 (twelve) months: The arbitral tribunal is statutorily bound to
deliver an award within 12 (twelve) months from when the arbitral tribunal
enters reference. The award can be delayed by a maximum of six months
under exceptional circumstances where all parties consent to such an
extension. The court's approval shall require further extension if the award is
not made out within an extended period. When an application for an extension
of time is awaiting before the court, the arbitrator's proceedings shall continue
until the disposal of the application.
16.5.10
Cost of Arbitration and Fees of the Arbitrators: The concerned parties
shall bear the cost of arbitration in terms of section 31 (A) of The Arbitration
Act. The cost shall inter-alia include fees of the Arbitrator. Arbitrator shall also
be entitled to this extra fee in cases where Fast Track Procedure in terms of
section 29 (B) of The Arbitration Act is followed.
16.5.11
Fast Track Procedure: The parties to arbitration may choose to opt for a
fast-track procedure either before or after the commencement of the arbitration.
The award in fast-track arbitration is to be made within six months, and the
arbitral tribunal shall be entitled to additional fees. The salient features of fast-
track arbitration are:
16.6.1 The dispute is to be decided based on written pleadings only.
16.6.2 Arbitral Tribunal shall have the power to call for clarifications in addition to
the written pleadings where it deems necessary.
16.6.3 An oral hearing may be held only if all the parties request or the arbitral
tribunal considers it necessary.
16.6.4 The parties are free to decide the fees of the arbitrator(s) for fast-track
procedure.
Page 123 of 142
16.5.12
Powers of Arbitral Tribunal to grant Interim Relief: The parties to
arbitration may approach the arbitral tribunal for seeking interim relief on the
grounds available under section 9 of the act. The tribunal has the powers of a
court while making interim awards in the proceedings before it.
16.5.13
Confidentiality: As provided in Section 42A of The Arbitration Act, all the
details and particulars of the arbitration proceedings shall be kept confidential,
except in certain situations like if the disclosure is necessary for the
implementation or execution of the arbitral award.
16.5.14
Obligation During Pendency of Arbitration: Performance of the contract
shall, unless otherwise directed by the ESIC, continue during the arbitration
proceedings, and no payment due or payable by the ESIC shall be withheld on
account of such proceedings, provided; however, it shall be open for Arbitral
Tribunal to consider and decide whether or not the performance of the contract
or payment therein should continue during arbitration proceedings.
16.7 The Arbitral Award
In the case of the Tribunal, comprising three members, any ruling on an award
shall be made by a majority of members of the Tribunal. In the absence of such a
majority, the views of the Presiding Arbitrator shall prevail. The arbitral award shall
state item-wise the sum and reasons it is based. The analysis and reasons shall
be detailed enough to infer the award. It is further a term of this arbitration
agreement that where the arbitral award is for the payment of money, no interest
shall be payable on the whole or any part of the money for any period till the date
on which the award is made in terms of Section 31 (7) (a) of The Arbitration Act.
The arbitrator's award shall be final and binding on the parties to this Contract. A
party may apply for corrections of any computational errors, typographical or
clerical errors, or any other error of similar nature occurring in the award or
interpretation of a specific point of the award to the Tribunal within 60 days of
receipt of the award. A party may apply to the Tribunal within 60 days of receiving
the award to make an additional award for claims presented in the arbitral
proceedings but omitted from the arbitral award.
17
WAIVER
No failure or delay by the OWNER in enforcing any right or remedy of the OWNER
in terms of the Contract or any obligation or liability of the CONSULTANT in terms
thereof shall be deemed to be a waiver of such right, remedy, obligation or liability,
as the case may be, by the OWNER and notwithstanding such failure or delay, the
OWNER shall be entitled at any time to enforce such right, remedy, obligation or
liability, as the case may be.
18
NON-ASSIGNABILITY
Page 124 of 142
The Contract and benefits and obligations thereof shall be strictly personal to the
CONSULTANT and shall not on any account be assignable or transferable by the
CONSULTANT.
For and on behalf of Bidder
For and on behalf of ESIC
Signature
Signature
Name
Name
Designation
Designation
Witness 1
Witness 2
Signature
Signature
Name
Name
Designation
Designation
Date :
Place : Delhi
Page 125 of 142
FORM-H
INTEGRITY PACT LETTER
To,
The Bidder Name,
Subject: For the work of <Name of Work>
Sir/Madam,
It is here by declared that ESIC is committed to follow the principle of transparency,
equity and competitiveness in public procurement.
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the Bidder will sign the integrity Agreement, which is an integral part of
tender/bid documents, failing which the tenderer/bidder will stand disqualified from the
tendering process and the bid of the bidder would be summarily rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing
of the same shall be deemed as acceptance and signing of the Integrity Agreement on
behalf of the ESIC.
Yours faithfully,
(Sd/-)
Chief Engineer, ESIC
Page 126 of 142
INTEGRITY PACT
(On Bidder’s Letter Head)
To,
Chief Engineer, ESIC
Subject:
Dear Sir,
I / We acknowledge that ESIC is committed to follow the principles thereof as
enumerated in the Integrity Agreement enclosed with the tender / bid document.
I / We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on
the condition that I/We will sign the enclosed integrity Agreement, which is an integral part
of tender documents, failing which I / We will stand disqualified from the tendering
process. I / We acknowledge that THE MAKING OF THE BID SHALL BE REGARDED
AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
I / We confirm acceptance and compliance with the Integrity Agreement in letter
and spirit and further agree that execution of the said Integrity Agreement shall be
separate and distinct from the main contract, which will come into existence when tender
/ bid is finally accepted by ESIC. I / We acknowledge and accept the duration of the
Integrity Agreement, which shall be in the line with Article - 1 of the enclosed Integrity
Agreement.
I / We acknowledge that in the event of my / our failure to sign and accept the
Integrity Agreement, while submitting the tender / bid, ESIC shall have unqualified,
absolute and unfettered right to disqualify the tenderer / bidder and reject the tender / bid
in accordance with terms and conditions of the tender / bid.
Yours faithfully
(Duly authorized signatory of the Bidder)
Page 127 of 142
FORM-I
FORM OF EARNEST MONEY (BANK GUARANTEE)
WHEREAS,
consultant/bidder
____________________(Name
of
consultant)
(Hereinafter called "the Project Implementation Unitt") has submitted his tender
dated___________ (Date) for the construction of (Name of work) (Hereinafter called "the
Tender")
KNOW ALL PEOPLE by these presents that we (Name of bank) having our registered
office at________________________(Hereinafter called "the Bank") are bound unto the
Chief Engineer, ESIC in the sum of Rs_______ (in words) for which payment well and
truly to be made to Chief Engineer, ESIC, the Bank binds itself, his successors and
assigns by these presents.
SEALED with the Common Seal of the said Bank this.................day of .................20....
THE CONDITIONS of this obligation are:
(1)
If after tender opening the Consultant withdraws, his tender during the period of
validity of tender (including extended validity of tender) specified in the Tender;
(2)
If the Project Implementation Unit having been notified of the acceptance of his
tender by the Chief Engineer, ESIC
a)
Fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Project Implementation Unit, if required; OR
b)
Fails or refuses to furnish the Performance Guarantee, in accordance
with the provisions of tender document and Instructions to Project
Implementation Unit, OR
c)
Fails or refuses to start the work/service, in accordance with the
provisions of the contract and Instructions to Project Implementation Unit
We undertake to pay to the Chief Engineer, ESIC either up to the above amount or part
thereof upon receipt of his first written demand, without the Chief Engineer, ESIC having
to substantiates his demand, provided that in his demand the Chief Engineer, ESIC will
note that the amount claimed by his is due to him owing to the occurrence of one or any
of the above conditions, specifying the occurred condition or conditions.
This Guarantee will remain in force up to and including the date* ............. after the
deadline for submission of tender as such deadline is stated in the Instructions to Project
Implementation Unit or as it may be extended by the Engineer-in-Charge, notice of which
extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee
should reach the Bank not later than the above date.
DATE ……………………….
SIGNATURE OF THE BANK
SEAL
WITNESS………………….
(SIGNATURE, NAME AND ADDRESS)
*Date to be worked out on the basis of validity period of 6 months from last date of
receipt of tender.
Page 128 of 142
FORM-J
FORM OF PERFORMANCE SECURITY (GUARANTEE) BANK GUARANTEE BOND
In consideration of the ESI Corporation (hereinafter called “ESIC") having offered to
accept the terms and conditions of the proposed Agreement between
____________________and ___________ (Hereinafter
called "the
said Project
Implementation Units") for the work_________________ (Hereafter called “the said
Agreement”) having agreed to production of an irrevocable Bank Guarantee for
Rs.__________ (in words) as a security/guarantee from the Project Implementation
Unit(s) for compliance of his obligations in accordance with the terms & conditions in the
said agreement,
1. We __________ (Hereinafter referred to as "the Bank") hereby undertake to pay to
(indicate the name of the Bank)
ESIC an amount not exceeding Rs. ______(in words) on demand by the ESIC.
2. We do hereby undertake to pay the amounts due and payable under (Indicate the
name of the Bank) This Guarantee without any demure, merely on a demand from the
ESIC stating that the amount claimed is required to meet the recoveries due or likely
to be due from the said Project Implementation Unit(s). 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. _______ (in words).
3. We, the said bank further undertakes to pay to ESIC any money so demanded
notwithstanding any dispute or disputes raised by the Project Implementation Unit(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 a valid discharge of our liability
for payment thereunder and the Project Implementation Unit(s) shall have no claim
against us for making such payment.
4. We ………………………………………… further agree that the guarantee herein
(Indicate the name of the Bank) 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 ESIC under or by virtue of the
said agreement have been fully paid and its claims satisfied or discharged or till Chief
Engineer, ESIC on behalf of ESIC certifies that the terms and conditions of the said
agreement have been fully and properly carried out by the said Project Implementation
Unit(s) and accordingly discharges this guarantee.
5. We______________________ further agree with the ESIC that the ESIC shall have
the fullest liberty without our consent and without effecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said agreement
or to extend time of performance by the said Project Implementation Unit(s) from time
to time or to postpone for any time or from time to time any of the powers exercisable
Page 129 of 142
by ESIC against the said Project Implementation Unit (s) and to for bear or enforce
any of the 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 Project Implementation Unit(s) or fore any forbearance, act of omission on
the part of ESIC or any indulgence by ESIC to the said Project Implementation Unit(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 Project Implementation Unit(s).
7. We __________________ lastly undertake not to revoke this guarantee except with
the (Indicate the name of the Bank) Previous consent of ESIC in writing that this
guarantee shall be valid upto_______________. Unless extended on demand by
ESIC. Notwithstanding anything mentioned above, our liability against this guarantee
is restricted to
Rs.
____(in words) and unless
a claim in writing is lodged with us within six months of the date of expiry or the
extended date of expiry of this guarantee all our liabilities under this guarantee shall
stand discharged.
Dated the______________ day of__________ for_____(indicate the name of bank)
Page 130 of 142
FORM-K
FORMAT FOR GIVING CONSENT & BANK DETAILS FOR E-PAYMENT
(On the Letter Head of the Organization)
To
Chief Engineer, ESIC
Sub: <Name of work>
Ref: Bidding Document No.______________
Sir,
With the reference to your letter, we hereby agree to accept the payment of our
bills through direct credit to our below mentioned Bank Account through Internet Banking:
S.No.
Particulars
Details
1
Beneficiary’s Name
2
Bank Name
3
Branch Name
4
Address of the Branch
5
STD Code & Phone No. of Branch
6
Branch Code
7
9 Digit MICR code of Branch as appearing on the
cheque (copy of cancelled cheque may be enclosed)*
8
Bank Account No.
9
Account Type (SB/CA/CC)
10
Branch IFSC Code
11
Email address of the Vendor
12
Mobile No. of the Vendor
*Please attach a blank cancelled cheque or photocopy of a cheque issued by your bank
relating to your above account for verifying the accuracy of the 9 Digit MICR Code.
I/We hereby declare that the particulars given above are correct and complete
Yours faithfully,
(Signature of the Authorized Representative with Rubber Stamp)
Enclosure: As above
Dated :
Place :
Page 131 of 142
FORM-L
FORMAT OF BID SECURITY DECLARATION FROM BIDDERS IN LIEU OF EMD
(On Bidders Letter head)
Bid Security Declaration Form
Tender No. _________________
Date:_______
To
Chief Engineer
ESIC Hqrs
Sir,
The undersigned, declare that:
I/We understand that, according to your conditions, bids must be supported by a
Bid Securing Declaration in case of opting exemption for EMD as per tender documents.
I/We accept that I/We may be disqualified from bidding for any contract with you
for a period of one year from the date of notification if I am /We are in a breach of any
obligation under the bid conditions, because I/We
a. have withdrawn/modified/amended, impairs or derogates from the tender,
my/our Bid during the period of bid validity specified in the form of Bid; or
b. having been notified of the acceptance of our Bid by the Client during the
period of bid validity, fail or reuse to execute the contract/MoU, if required,
I/We understand this Bid Securing Declaration shall cease to be valid if I am/we
are not the successful Bidder, upon the earlier of
(i)
the receipt of your notification of the name of the successful Bidder; Or
(ii)
thirty days after the expiration of the validity of my/our Bid.
Signed: (insert signature of person whose name and capacity are shown) in the capacity
of (insert legal capacity of person signing the Bid Securing Declaration)
Name: (insert complete name of person signing he Bid Securing Declaration)
Duly authorized to sign the bid for an on behalf of (insert complete name of Bidder)
Dated on _____________ day of ___________________ (insert date of signing)
Corporate Seal (where appropriate
Signature of the Authorized Signatory,
Name and Designation with the stamp
Page 132 of 142
Form M
Details of technical & administrative personnel of the firm to be employed for this
work
For specific positions essential to deliver the service (and/or those specified in the tender
Documents, if any), Bidders should provide the requisite candidates qualified to meet the
specified requirements stated for each position. The data on their experience should be
supplied on separate sheets using one Form M1 for each candidate.
Table 1
S.No.
Designation
Total number in
firm
Avg. No. of
years of
experience
Number of available
personnel for this
assignment
Table 2
S.No
Designation
Name
Qualification
No. of years
of
experience
How these
would be
involved in
this work
Attach the
CV as per
Form-M1
Page 133 of 142
Form M 1
FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED TEAM PERSONAL
1. Proposed Position : ______________________________________
2. Name of the person : ______________________________________
3. Date of Birth
: ______________________________________
4. Nationality
: ______________________________________
5. Educational Qualifications:
Summarize college / university and other specialized education of staff member,
giving names of college, dates attended and degrees obtained along with
supporting documents for proof
6. Membership of Professional Societies: _________________________
7. Employment Record:
S.No.
Designation
Name
of
Organization
From
To
Nature
of
duties
List
of
assignments/
experience
List
of
similar
nature
of
work
undertaken
Starting with present position, list in reversed order, every
employment held by staff member since graduation or post-
graduation as applicable
8. Permanent Employment with the firm (Yes / No)
a. If yes, Nos. of years:
b. If no, nature of employment:
9. Details of the current assignment:
Certification:
1. I am willing to work on the project and I will be available for entire duration of the
project assignment and I will not engage myself in any other assignment during
the currency of his assignment on the project.
2. I, the undersigned, certify that to the best of my knowledge and belief, this bio
data correctly described myself my qualifications and my experience.
Signature of the Candidate
Place:
Date:
Signature of the Authorized Representative of the firm
Place: ___________
Date: ____________
Page 134 of 142
Form N
POWER OF ATTORNEY
Know all men by these presents, we………………………………………………….(name
and address of the registered office) do hereby constitute, appoint and authorize Mr. /
Ms………………………………(name and residential address) who is presently employed
with us and holding the position of …………………………………………….as our attorney,
to do in our name and on our behalf, all such acts, deeds and things necessary in
connection with or incidental to our bid for<Insert TENDER Name> including signing and
submission of all documents and providing information / responses to the ESIC
representing us in all matters before ESIC and generally dealing with ESIC in all matters
in connection with our bid for the said Project. We hereby agree to ratify all acts, deeds
and things lawfully done by our said attorney pursuant to this Power of Attorney and that
all acts, deeds and things done by our aforesaid attorney shall and shall always be
deemed to have been done by us. Dated this the _______ day of _______202_
For ___________________________
(Name, Designation and Address)
Accepted
_________________________(Signature)
(Name, Title and Address of the Attorney)
Date : __________
Note:
The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants(s) and when it is so required the same should be under common seal affixed
in accordance with the required procedure.
Page 135 of 142
ANNEXURE-1
INTEGRITY AGREEMENT
This Integrity Agreement is made at ...................... on this ……........... day of …............
20__
BETWEEN
Chief Engineer, Employees’ State Insurance Corporation (ESIC) (include its successors
and
permitted
assigns)
hereinafter
referred
to
as
“The
Principal,”
and
__________________ (include its successors and permitted assigns) hereinafter
referred to as “The Bidder/ Consultant.”
Preamble
The Principal intends to award contract/s for__________________, under laid down
organizational procedures, The Principal values full compliance with all relevant laws of
the land, rules, regulations, economical use of resources, and fairness / transparency in
its relations with its Bidder(s) and / or Consultant(s).
Section 1 – Commitments of the Principal
1) The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principles: -
a. No employee of the Principal, personally or through family members, shall
in connection with the tender for, or the execution of a contract, demand,
take a promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.
b. The Principal shall treat all Bidder(s) with equity and reason during the
tender process. The Principal shall, in particular, before and during the
tender process, provide to all Bidder(s) the same information and shall not
provide to any Bidder(s) confidential / additional information through which
the Bidder(s) could obtain an advantage in the tender process or the
contract execution.
c. The Principal shall exclude from the process all known persons having
conflict of interest.
2) If the Principal obtains information on the conduct of any of its employees which is
a criminal offence under the BNS/ PC Act, or if there be a substantive suspicion in
this regard, the Principal shall inform the Chief Vigilance Officer and in addition
shall initiate disciplinary proceedings.
Page 136 of 142
Section 2 – Commitments of the Bidder(s)/ Consultant(s)
1) It is required that each Bidder/Project Implementation Unit (including their
respective officers, employees and agents) adhere to the highest ethical
standards, and report to the Government / Department all suspected acts of fraud
or corruption or Coercion or Collusion of which it has knowledge or becomes
aware, during the tendering process and throughout the negotiation or award of a
contract.
2) The Bidder(s)/ Consultant(s) commits themselves to take all measures necessary
to prevent corruption. The Bidder(s)/ Consultant(s) commits themselves to observe
the following principles during participation in the tender process and the contract
execution.
a. The Bidder(s)/ Consultant(s) shall not, directly or through any other person
or firm, offer, promise, or give to any of the Principal’s employees involved
in the tender process or the execution of the contract or to any third person
any material or other benefit which they are not legally entitled to, in order
to obtain in exchange any advantage of any kind whatsoever during the
tender process or the execution of the contract.
b. The Bidder(s)/ Consultant(s) shall not enter with other Bidders into any
undisclosed agreement or understanding, whether formal or informal, in
violation of the Competition Act, 2002 (as amended from time to time). This
applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other actions to
restrict competitiveness or to introduce cartelisation in the tender process.
c. The Bidder(s)/ Consultant(s) shall not commit any offence under the
relevant BNS/ PC Act; further, the Bidder(s)/ Consultant(s) shall not use
improperly, for purposes of competition or personal gain, or pass on to
others, any information or document provided by the Principal as part of the
business relationship, regarding plans, technical proposals, and business
details, including information contained or transmitted electronically.
d. The Bidder(s)/Consultants(s) of foreign origin shall disclose the name and
address of the Agents/representatives in India, if any. Similarly, the
Bidder(s)/Consultants(s) of Indian Nationality shall furnish the name and
address of the foreign principals, if any. Further details, as mentioned in the
“Guidelines on Indian Agents of Foreign Suppliers,” shall be disclosed by
the Bidder(s)/Consultant(s). Further, as mentioned in the Guidelines, all the
payments made to the Indian agent/representative must be in Indian
Rupees only. Copy of the “Guidelines on Indian Agents of Foreign
Suppliers” is placed on Annex hereto.
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e. The Bidder(s)/ Consultant(s) shall, when presenting their bid, disclose any
and all payments made, is committed to, or intends to make to agents,
brokers, or any other intermediaries in connection with the award of the
contract.
f. Bidder(s) /Consultant(s) who have signed the Integrity Pact shall not
approach the Courts while representing the matter to IEMs and shall wait
for their decision.
3) The Bidder(s)/ Consultant(s) shall not instigate third persons to commit offences
outlined above or be an accessory to such offences.
4) The Bidder(s)/Consultant(s) will not, directly or through any other person or firm
indulge in fraudulent practice means a willful misrepresentation or omission of
facts or submission of fake/forged documents in order to induce public
official to act in reliance thereof, with the purpose of obtaining unjust
advantage by or causing damage to justified interest of others and/or to
influence the procurement process to the detriment of the Government
interests.
5) The Bidder(s)/Consultant(s) will not, directly or through any other person or firm
use Coercive Practices (means the act of obtaining something, compelling an
action or influencing a decision through intimidation, threat or the use of force
directly or indirectly, where potential or actual injury may befall upon a person, his/
her reputation or property to influence their participation in the tendering process).
Section 3 - Disqualification from the tender process and exclusion from future
contracts
If the Bidder(s)/Consultant(s), before award or during execution, has committed a
transgression through a violation of Section 2, above or in any other form such as to put
their reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Consultant(s) from the tender process or take action as per laid down procedure
to debar the Bidder(s)/Consultant(s) from participating in the future procurement
processes of the Government of India.
Section 4 – Compensation for Damages
1) If the Principal has disqualified the Bidder(s) from the tender process before the
award according to Section 3, the Principal is entitled to demand and recover the
damages equivalent to Earnest Money Deposit/ Bid Security.
2) If the Principal has terminated the contract according to Section 3, or if the Principal
is entitled to terminate the contract according to Section 3, the Principal shall be
entitled to demand and recover from the Consultant liquidated damages of the
Contract value or the amount equivalent to Performance Bank Guarantee.
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Section 5 – Previous transgression
1) The Bidder declares that no previous transgressions occurred in the last three
years with any other Company in any country conforming to the anti-corruption
approach or with any Public Sector Enterprise in India that could justify his
exclusion from the tender process.
2) If the Bidder makes an incorrect statement on this subject, the Principal shall act
like para 2) of Section 4 above.
Section
6
–
Equal
treatment
of
all
Bidders
/
Consultants
/
Subcontractors/Subconsultants
In the case of Sub-contracting, the Principal Consultant shall take responsibility for
adopting the Integrity Pact by the Sub-consultant/Sub-contractor.
a. The Principal shall enter into agreements with identical conditions as this
one with all Bidders and Consultants.
b. The Principal shall disqualify from the tender process all bidders who do not
sign this Pact or violate its provisions.
Section 7 – Criminal charges against violating Bidder(s) / Consultant(s) /
Subcontractor(s)/ Subconsultant(s)
If the Principal obtains knowledge of the conduct of a Bidder, Consultant, or
Subcontractor, or Subconsultant, or of an employee or a representative or an allied firm
of a Bidder, Contractor or Subcontractor or Subconsultant which constitutes corruption,
or if the Principal has substantive suspicion in this regard, the Principal shall inform the
same to the Chief Vigilance Officer.
Section 8 – Independent External Monitor
1) The Principal shall appoint competent and credible Independent External
Monitor(s) for this Pact after approval by the Central Vigilance Commission. The
task of the Monitor is to review, independently and objectively, whether and to what
extent the parties comply with the obligations under this agreement.
2) The Monitor is not subject to instructions by the parties' representatives and
performs their functions neutrally and independently. The Monitor would have
access to all Contract documents whenever required. It shall be obligatory for them
to treat the information and documents of the Bidders/Consultants as confidential.
They report to the Management of the Principal.
3) The Bidder(s)/Consultant(s) accepts that the Monitor has the right to access
without restriction, all Project documentation of the Principal, including that
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provided by the Consultant. Upon their request and demonstration of a valid
interest, the Consultant shall also grant the Monitor unrestricted and unconditional
access to their project documentation. The same applies to Sub-consultants.
4) The Monitor is under contractual obligation to treat the information and documents
of the Bidder(s)/ Consultant(s)/ Sub-consultant(s) with confidentiality. The Monitor
has also signed declarations on ‘Non-Disclosure of Confidential Information’ and
‘Absence of Conflict of Interest.’ In case of any conflict of interest arising later, the
IEM shall inform the Management of the Principal and recuse themselves from that
case.
5) The Principal shall provide the Monitor with sufficient information about all
meetings among the parties related to the Project, provided such meetings could
impact the contractual relations between the Principal and the Consultant. The
parties offer the Monitor the option to participate in such meetings.
6) As soon as the Monitor notices, or believes to notice, a violation of this agreement,
they shall inform the Competent Authority of the Principal and request the to
discontinue or take corrective action or other relevant action. The Monitor can, in
this regard, submit non-binding recommendations. Beyond this, the Monitor has
no right to demand from the parties that they act in a specific manner, refrain from
action, or tolerate action.
7) The Monitor shall submit a written report to the Competent Authority of the
Principal, within 8 to 10 weeks from the date of reference or intimation to him by
the Principal and, should the occasion arise, submit proposals for correcting
problematic situations.
8) If the Monitor has reported to the Competent Authority of the Principal a
substantiated suspicion of an offence under the relevant BNS/ PC Act, and the
Competent Authority of the Principal has not, within the reasonable time, taken
visible action to proceed against such offence or reported it to the Chief Vigilance
Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner.
9) The word ‘Monitor’ would include both singular and plural.
Section 9 – Pact Duration
1) This Pact begins when both parties have legally signed it. It expires for the
Consultant 12 months after the last payment under the contract, and for all other
Bidders, 6 months after the contract has been awarded.
2) Any violation of the same would entail disqualifying the bidders and exclusion from
future business dealings. If any claim is made / lodged during this time, the same
shall be binding and continue to be valid despite the lapse of this Pact as specified
above, unless it is discharged / determined by the Management of the Principal
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Section 10 – Other provisions
1) This agreement is subject to Indian Law. The place of performance and jurisdiction
is the place from where the Tender/ Contract is issued.
2) Changes, supplements, and termination notices must be submitted in writing. Side
agreements have not been made.
3) If the Consultant is a partnership or a consortium, this agreement must be signed
by all partners or consortium members.
4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties shall strive to
come to an agreement according to their original intentions.
5) Issues like Warranty / Guarantee, etc., shall be outside the purview of IEMs.
6) In the event of any contradiction between the Integrity Pact and its Annex, the
Clause in the Integrity Pact shall prevail.
The principal has appointed the following Independent External Monitors (IEMs) who shall
monitor the tender process and the execution of the contract for compliance with the
abovementioned principles: -
a. Shri Vidya Bhushan Kumar, IFoS (Retd.), T-7/1101, La Residential Apartment, Plot
No GH-06A, Tech Zone IV, Greater Noida (West), Gautam Budh Nagar203201,
Uttar Pradesh (Mob. No. 9779156123, 7899294433, Email Id: vbkifs@gmail.com,
vbk33@yahoo.com).
b. Dr. Sarat Kumar Acharya, Ex-CMD, NLC, 203, Second Floor, Tower-5, Vipul
Gardens, Ghatikia, Bhubaneswar, Odisha - 751003 (Mob. No. 9442118060,
8754498285, Email Id: sarat777@rediffmail.com)
..............................................................
..........................................................
(For and on behalf of Bidder/Project Implementation Unit)
(For
and
on
behalf of Principal/Owner)
WITNESSES:
1.
..............................................
2. ...............................................
(Signature, name and address)
(Signature, name and address)
Place: Dated:
Page 141 of 142
Annexure-2
CHECK LIST OF THE DOCUMENTS TO BE SUBMITTED WITH THE TENDER
Confirm the enclosure of all the below listed documents without which tenderer may not
be eligible to participate in the tender:
S No. Item
Confirm (Yes/No)
1.
Name of Bidder
2. Address of bidder
3. Legal status (incorporated private company, unincorporated
business, partnership, proprietorship etc.)
4. Firms Registration Number and Validity
5.
Year of incorporation
6. Registered address
7.
Name of Authorized person, if any
8. Authority letter issued by the Competent Authority for signing the
bid document
9.
Contact details of Authorized person
10. Details of proof of proprietorship, company, firm, partnership etc.
11. Earnest Money Deposit (EMD) or if EMD is submitted in form of
BG, Bank Guarantee of Nationalized or any scheduled
Commercial Bank against EMD as per NIT proforma as Form-I
12. Tender form with complete technical bid and Financial bid,
Corrigendum/Addendum (if any) etc with all pages serially
numbered, signed and stamped on each page
13. Letter of Transmittal- Section-5 along with Forms
14. Copies of certificates in respect of execution / completion of similar
works to establish eligibility as mentioned para 1 (ii) of section-2
Qualifying Criteria.
15. Certificate from Chartered Accountant mentioning financial
turnover of last 3 (three) years to establish eligibility as mentioned
para 1 (iii) of section-2 Qualifying Criteria
16. Certified Summarized Profit & Loss Account (Audited) for last five
years
17. Copies of Audited Balance Sheet(s) and Profit & Loss Accounts
for last five (5) financial years ending 31st March 2025____ duly
certified by the CA
18. Banker's Certificate from a Scheduled Bank for solvency (Form-B)
19. Self- attested PAN card
Page 142 of 142
20. Self-attested GST certificate
21. Self-attested ESIC Registration, if not applicable then an affidavit
in this matter to be enclosed / uploaded that firm has never been
employed 10 people in any particular day and never been
coverable under ESI Act and will obtain the ESI registration after
award of work, if applicable.
22. Self-attested EPFO Registration, if not applicable then an affidavit
in this matter to be enclosed / uploaded that firm has never been
employed 20 people in any particular day and never been
coverable under EPFO Act and will obtain the EPFO registration
after award of work, if applicable.
23.
Integrity pact and agreement
24.
Form A to Form N
25.
Other documents as deemed fit by bidder
I/We hereby agree that I/We have submitted all the requisite documents for the bid
process evaluation. I understand that the ESIC is not liable to provide any score for any
criteria that is not substantiated and supported by Client certificates or other documents
specified.
Signature of Authorized Person
Date:
Full name:
Place:
