Common use of Selection of Independent Engineer Clause in Contracts

Selection of Independent Engineer. 1.1 The provisions of Part II of the Standard Bidding Documents for Consulting Assignments. Time Based (Volume V) issued by the Ministry of Finance, GOI in July, 1997 or any substitute thereof shall apply, mutatis mutandis, for invitation of bids and evaluation thereof save as otherwise provided herein. 1.2 The Government shall invite expressions of interest from consulting firms or bodies corporate to undertake and perform the duties and functions set forth in the Programme Agreement and thereupon shortlist qualified firms in accordance with pre-determined criteria. The Government shall convey the aforesaid list of firms to the Beneficiary Firm for scrutiny and comments, if any. The Beneficiary Firm shall be entitled to scrutinise the relevant records of the Government to ascertain whether the selection of firms has been undertaken in accordance with the prescribed procedure and it shall send its comments, if any, to the Government within 15 (fifteen) days of receiving the aforesaid list of firms. Upon receipt of such comments, if any, the Government shall, after considering all relevant factors, finalise and constitute a panel of firms (the “Panel of Firms”) and convey its decision to the Beneficiary Firm. 1.3 The Government shall invite the aforesaid Panel of Firms to submit their respective technical and financial offers, each in a separate sealed cover. All the technical bids so received shall be opened and pursuant to the evaluation thereof, the Government shall shortlist 3 (three) eligible firms on the basis of their technical scores. The financial bids in respect of such 3 (three) firms shall be opened and the order of priority as among these firms shall be determined on the basis of a weighted evaluation where technical and financial scores shall be assigned respective weights of 80:20. 1.4 In the event that the Government shall follow the selection process specified in the model request for proposal (“Model RFP”) for selection of Technical Consultant, as published by the Ministry of Finance, the selection process specified in this Schedule – L shall be deemed to be substituted by the provisions of the said Model RFP and the Beneficiary Firm shall be entitled to scrutinize the relevant records forming part of such selection process.

Selection of Independent Engineer. 1.1 The provisions of Part II of the Standard Bidding Documents for Consulting Consultancy Assignments. : Time Based (Volume V) issued by the Ministry of Finance, GOI in July, 1997 or any substitute thereof shall apply, mutatis mutandis, for invitation of bids and evaluation thereof save as otherwise provided herein. 1.2 The Government UPEIDA shall invite expressions of interest from consulting engineering firms or bodies corporate to undertake and perform the duties and functions set forth in the Programme Agreement Schedule-Q and thereupon shortlist 10 (ten) qualified firms in accordance with pre-determined criteria. The Government UPEIDA shall convey the aforesaid list of firms to the Beneficiary Firm Concessionaire for scrutiny and comments, if any. The Beneficiary Firm Concessionaire shall be entitled to scrutinise the relevant records of the Government UPEIDA to ascertain whether the selection of firms has been undertaken in accordance with the prescribed procedure and it shall send its comments, if any, to the Government UPEIDA within 15 (fifteen) days of receiving the aforesaid list of firms. Upon receipt of such comments, if any, the Government UPEIDA shall, after considering all relevant factors, finalise and constitute a panel of 10 (ten) firms (the “Panel of Firms”) and convey its decision to the Beneficiary FirmConcessionaire. 1.3 The Government UPEIDA shall invite the aforesaid firms in the Panel of Firms to submit their respective technical and financial offers, each in a separate sealed cover. All the technical bids so received shall be opened and pursuant to the evaluation thereof, the Government UPEIDA shall shortlist 3 (three) eligible firms on the basis of their technical scores. The financial bids in respect of such 3 (three) firms shall be opened and the order of priority as among these firms shall be determined on the basis of a weighted evaluation where technical and financial scores shall be assigned respective weights of 80:20. 1.4 In the event that the Government UPEIDA shall follow the selection process specified in the model request for proposal (“Model RFP”) RFP for selection of Technical ConsultantConsultants, as published by the Ministry of FinanceFinance/ Planning Commission, the selection process specified in this Schedule – L Schedule-P shall be deemed to be substituted by the provisions of the said Model RFP and the Beneficiary Firm Concessionaire shall be entitled to scrutinize scrutinise the relevant records forming part of such selection process.

Selection of Independent Engineer. 1.1 The provisions of Part II of the Standard Bidding Documents for Consulting Consultancy Assignments. : Time Based (Volume V) issued by the Ministry of Finance, GOI in July, 1997 or any substitute thereof shall apply, mutatis mutandis, for invitation of bids and evaluation thereof save as otherwise provided herein. 1.2 The Government Authority shall invite expressions of interest from consulting engineering firms or bodies corporate to undertake and perform the duties and functions set forth in the Programme Agreement Schedule- L and thereupon shortlist 6 (six) qualified firms in accordance with pre-determined criteria. The Government Authority shall convey the aforesaid list of firms to the Beneficiary Firm Concessionaire for scrutiny and comments, if any. The Beneficiary Firm Concessionaire shall be entitled to scrutinise the relevant records of the Government Authority to ascertain whether the selection of firms has been undertaken in accordance with the prescribed procedure and it shall send its comments, if any, to the Government Authority within 15 (fifteen) days of receiving the aforesaid list of firms. Upon receipt of such comments, if any, the Government Authority shall, after considering all relevant factors, finalise and constitute a panel of 6 (six) firms (the “Panel of Firms”) and convey its decision to the Beneficiary FirmConcessionaire. 1.3 The Government Authority shall invite the aforesaid firms in the Panel of Firms to submit their respective technical and financial offers, each in a separate sealed cover. All the technical bids so received shall be opened and pursuant to the evaluation thereof, the Government Authority shall shortlist 3 (three) eligible firms on the basis of their technical scores. The financial bids in respect of such 3 (three) firms shall be opened and the order of priority as among these firms shall be determined on the basis of a weighted evaluation where technical and financial scores shall be assigned respective weights of 80:20. 1.4 In the event that the Government shall follow the selection process specified in the model request for proposal (“Model RFP”) for selection of Technical Consultant, as published by the Ministry of Finance, the selection process specified in this Schedule – L shall be deemed to be substituted by the provisions of the said Model RFP and the Beneficiary Firm shall be entitled to scrutinize the relevant records forming part of such selection process.

Selection of Independent Engineer. 1.1 The provisions of Part II of the Standard Bidding Documents for Consulting Consultancy Assignments. : Time Based (Volume V) issued by the Ministry of Finance, GOI in July, 1997 or any substitute thereof shall apply, mutatis mutandis, for invitation of bids and evaluation thereof save as otherwise provided herein. 1.2 . The Government Authority shall invite expressions of interest from consulting engineering firms or bodies corporate to undertake and perform the duties and functions set forth in the Programme Agreement Schedule-Q and thereupon shortlist 10 (ten) qualified firms in accordance with pre-determined criteria. The Government Authority shall convey the aforesaid list of firms to the Beneficiary Firm Concessionaire for scrutiny and comments, if any. The Beneficiary Firm Concessionaire shall be entitled to scrutinise the relevant records of the Government Authority to ascertain whether the selection of firms has been undertaken in accordance with the prescribed procedure and it shall send its comments, if any, to the Government Authority within 15 (fifteen) days of receiving the aforesaid list of firms. Upon receipt of such comments, if any, the Government Authority shall, after considering all relevant factors, finalise and constitute a panel of 10 (ten) firms (the “Panel of Firms”) and convey its decision to the Beneficiary Firm. 1.3 Concessionaire. The Government Authority shall invite the aforesaid firms in the Panel of Firms to submit their respective technical and financial offers, each in a separate sealed cover. All the technical bids so received shall be opened and pursuant to the evaluation thereof, the Government Authority shall shortlist 3 (three) eligible firms on the basis of their technical scores. The financial bids in respect of such 3 (three) firms shall be opened and the order of priority as among these firms shall be determined on the basis of a weighted evaluation where technical and financial scores shall be assigned respective weights of 80:20. 1.4 . Fee and expenses In determining the event that the Government shall follow the selection process specified in the model request for proposal (“Model RFP”) for selection nature and quantum of Technical Consultant, as published duties and services to be performed by the Ministry of FinanceIndependent Engineer during the Development Period and Construction Period, the selection process specified in this Schedule – L Authority shall endeavour that payments to the Independent Engineer on account of fee and expenses do not exceed 2% (two per cent) of the Total Project Cost. Payments not exceeding such 2% (two per cent) shall be deemed to be substituted borne equally by the Authority and the Concessionaire in accordance with the provisions of this Agreement and any payments in excess thereof shall be borne entirely by the said Model RFP Authority. The nature and quantum of duties and services to be performed by the Independent Engineer during the Operation Period shall be determined by the Authority in conformity with the provisions of this Agreement and with due regard for economy in expenditure. All payments made to the Independent Engineer on account of fee and expenses during the Operation Period, shall be borne equally by the Authority and the Beneficiary Firm Concessionaire. Constitution of fresh panel Not later than three years from the date of this Agreement, and every three years thereafter, the Authority shall be entitled to scrutinize prepare a fresh panel of firms in accordance with the relevant records forming part criteria set forth in this Schedule-P; provided that the Authority may, at any time, prepare a fresh panel with prior written consent of such selection processthe Concessionaire.