GOVERNMENT OF INDIA MINISTRY OF SHIPPING, ROAD TRANSPORT & HIGHWAYS (DEPARTMENT OF ROAD TRANSPORT & HIGHWAYS) Transport Bhawan, 1, Parliament Street, New Delhi - 110 001. No. RW/NH-34054/1/2006-S&R(B). PtIII Dated the 20 th May 2009 To 1. All the Chief Engineers of States / UTs, PWDs (Dealing with National Highways and other Centrally Sponsored Schemes) 2. Director General (Border Roads), Kashmir House, New Delhi 3. The Chairman, National Highways Authority of India, G-5&6, Sector - 10, Dwarka, New Delhi - 110 075. SUBJECT: EMPANELMENT OF CONSULTANTS FOR HIGHWAY & BRIDGE PROJECTS. Sir, Ministry vide circular No. RW/NH-34054/1/2006-S&R(B) dated 2 ndApril 2007 has empanelled Consultants for a period of three years having validity upto 31.03.2010. The Ministry have finalized the panel of consultants in various categories for working in the Highway Sector for the remaining period till 31.03.2010 for the categories mentioned below. Category - IProject preparation for all types of highway projects including bridges upto 60m length and having RCC superstructure. Category-IIProject preparation for all types of bridges / grade separators including approaches but excluding bridges with innovative design such as cable stayed suspension bridge, etc. Category - III Bridge Inspection & Rehabilitation Contd…/-
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No. RW/NH-34054/1/2006-S&R(B). PtIII Dated the 20th
May 2009
To
1. All the Chief Engineers of States / UTs, PWDs(Dealing with National Highways and other Centrally Sponsored Schemes)
2. Director General (Border Roads),Kashmir House, New Delhi
3. The Chairman,
National Highways Authority of India,G-5&6, Sector - 10,
Dwarka, New Delhi - 110 075.
SUBJECT: EMPANELMENT OF CONSULTANTS FOR HIGHWAY & BRIDGE
PROJECTS.
Sir,
Ministry vide circular No. RW/NH-34054/1/2006-S&R(B) dated 2nd
April 2007 has
empanelled Consultants for a period of three years having validity upto 31.03.2010. The
Ministry have finalized the panel of consultants in various categories for working in theHighway Sector for the remaining period till 31.03.2010 for the categories mentioned
below.
Category - I Project preparation for all types of highway projects including bridges upto
60m length and having RCC superstructure.
Category-II Project preparation for all types of bridges / grade separators including
approaches but excluding bridges with innovative design such as cable stayed suspension
Category-IV Geo-technical investigation for highway and bridge projects & highembankments.
Category-V Traffic & Transportation Studies
Category-VI Construction supervision of all types of Highway Projects.
Category-VII Construction supervision of all types bridges / grade separators
including approaches but excluding bridges with innovative design such as cable stayed,
suspension bridges etc.
2. The fresh list of empanelled consultants for different categories are enclosed atAnnex - I. These lists shall come in force from the date of issue of this letter and valid
up to 31.03.2010.
3.1 Henceforth, consultancy proposals for NH works and other Centrally Sponsored
Schemes (except for the projects funded by multilateral agencies like World Bank/ AsianDevelopment Bank, etc.) shall be invited, wherever needed, only from the empanelled
consultants as per their eligibility for the type of work involved. For special type of
structures such as curved bridges, cable stayed bridges, suspension bridges, extrados
bridges, bow string girder bridges, arch bridges etc. and every large bridge projects
with individual spans greater than 50 metres, a separate pre-qualification may be done
in consultation with this Ministry.3.2 Similarly, the consultant’s empanelled under Category-III are for normal/routine
rehabilitation works of bridges. For major/ specialized rehabilitation works including
rehabilitation of major bridges mentioned in para 3.1 above, separate Pre-qualification
may be done to ensure that such works are entrusted to appropriately qualified
competent consultants.
4. The empanelment is subject to the satisfactory performance by consultants. The
consultant shall be fully responsible for the accuracy of data, analysis and design of the project report submitted by them irrespective of the fact whether the same has been
examined and approved by the employer / client or not. Similarly in case of proof
consultant, he will be finally responsible for the accuracy of analysis and design, exceptinitial data, irrespective of the fact whether the same has been examined and approved by the
employer or not. If there are adverse reports regarding performance, deterrent action will be
taken on the consultant as per the procedure outlined in Annex-II. In addition, the consultantwill be asked to refund the consultancy fee received from the employer / client. This may be
clearly stipulated in the T.O.R. for the consultancy services for the works.
5. The empanelment is subject to condition that there will not be any change in thestructure / constitution of the organization of the consultants from that indicated in the
applications for empanelment of the consultants. during the validity of the empanelment.This may be verified by the executive engineer before the award of work of consultancies.
6. In the event of deficiency of service or misrepresentation by a consultant, the
concerned Chief Engineers are requested to send the details supported by enclosures andconsequences of deficiency of service to the Ministry for necessary action.
7. The contents of this letter may please be brought to the notice of all officers in yourDepartment, dealing with works on National Highways and other Centrally Sponsored
Schemes.
Yours faithfully,
(Arun Kumar Sharma)
Chief Engineer (B)S&R & BD
For Director General (Road Development)& Special Secretary
Telefax: 011-23719850
Encl: As above (Annex-I & II)
Copy to:
1. All Technical Officers in Roads Wing, MOSRT&H
2. All Regional Officers, MOSRT&H3. Empanelled Consultants (As per list) – They are requested to intimate any typographical
error in the contact address / telephone no. / e-mail / fax etc.
The Ministry has been empanelling the consultants for the preparation of pre- feasibility andfeasibility reports, preparation of Detailed Project Report and supervision of construction work.
At present, it is noticed that the contract agreements for consultancy services in highway
sector do not clearly specify the procedure to be followed and deterrent action to be taken by theEmployer/client in case of deficiencies specially in respect of accuracy of data analysis and design /
non-fulfillment of commitments by the consultants observed by the Employer/client during
implementation of the project or at a later date. As such, Employer / client are unable to take anyaction against the erring consultants.
In view of numerous complaints received in the Ministry, it has been decided to take deterrentaction on the erring empanelled consultants depending upon the nature and magnitude of deficiencies
observed/non-fulfillment of commitments agreed to at the time of award of work for National
Highway and other centrally sponsored Road and Bridge Schemes.
In addition to above, it is proposed to specify responsibilities of the consultant in the
conditions of empanelment and in the Terms of Reference, that he would be fully responsible for the
accuracy of data, analysis and design irrespective of the fact whether the same has beenexamined/approved by the Employer/client or not. Similarly, in case of proof consultants it is
proposed to be specified that they shall be finally responsible for the accuracy of analysis and design,
except initial data, irrespective of the fact whether the same has been examined and approved by theEmployer/client or not.
2. Deficiency of Services
The role of a consultant in Highway Sector is four-fold, namely:
(i) Preparation of pre-feasibility and feasibility reports.
(ii) Preparation of detailed project report.(iii) Work supervision.
In each of these areas, the type of complaints received can be classified as minor or major
failures on the part of the consultants. The consequences are invariably time and cost over run in the project. Besides, in some cases, contractual complications leading to arbitration / court cases, also
result in failures and accidents. To ensure a fair degree of accuracy on the part of the consultants in
bidding and carrying out the tasks assigned to them, it is necessary to take deterrent action against the
erring consultants in any of the following ways:-
(i) Issue warning to the consultants as decided by Employer / client under
intimation to the Ministry.
(ii) Suspending their registration/empanelment with the Ministry for a
temporary period of three to six months in case of minor deficiency inservices.
(iii) Removal of erring consultant from the panel for a period of 1 to 5 years
for major negligence / deficiency in services. Such consultant will have to
make fresh application to the Ministry for empanelment after the expiry
of the above period.
Wide publicity will be given to the deterrent action taken against the erring consultants
through circulation to all State Governments / Government Departments dealing with NH and
other centrally sponsored schemes and publication of notices in newspaper and IRC journals.
3. Type of Deficiency of Service-Errors, Omissions & Commissions or Misconduct ofConsultants.
Some of the common errors and omissions generally committed by the consultants are listed
in Appendix - 'A'.
4. Enquiry Procedure:
4.1 Employer/client will satisfy himself about the nature of deficiency of services andissue warning under intimation to the Ministry {para2 (i) above} in case of deficiency of very minor
nature not having any time/cost implication for the successful implementation of the project.
4.2 A complaint or an observation of deficiency of services, errors and acts of an
omissions & commission by a consultant shall be sent by the Employer / client to Director General
(Road Development) & Special Secy., Department of Road Transport & Highways giving details ofthe errors, acts of omissions and
4.3 If the Committee on examination of the complaint/adverse report from a Employer/client feels
that a prima-facie case exists for taking deterrent action against the consultant, it will give a
mandatory notice to the consultant at its registered address stating the facts of the deficient service,errors, acts of commissions/omissions. The consultant will be given a reasonable time to reply to the
charge and also an opportunity to be heard in person by the Committee at a specified time and date.
4.4 The Committee will enquire into the charges refuted by the consultant. The consultant willhave the right to inspect the documents on which the complaint is based.
4.5 The Committee will record all written and /or oral submission and arguments presented.
Entire proceedings shall be recorded in writing and a decision given in each case. If the consultantchooses not to respond to notices issued by the committee or does not attend the meeting of
Committee to explain and defend the charges, an ex-parte enquiry may be conducted and decision
recorded. The Committee shall decide on the severity of the deficiency/omissions etc. consideringthe facts of the case and the implications on financial safety and other aspects.
4.6 On completion of the enquiry, the committee shall submit its report with details of findings
and recommendations to Director General (Road Development) & Special Secretary.
4.7 Director General (Road Development) & Special Secretary will take appropriate action based
4.8 The time frame for conducting inquiry and taking final action will generally be as follows:-
(i) Constitution of Committee - within 10 days of receipt of the complaint.
(ii) Submission of report - within 2 months of the receipt of the complaint.(iii) Conveying the final decision - within 20 days of receipt of final report.
5. Exceptions
5.1 The prescribed procedure for deterrent action outlined in para 4.3 to 4.8 above will not be
followed, before ordering deterrent action under special circumstances like;
(i) where a penalty flows from conduct of the consultant which has led to his conviction
on a criminal charge; or action of the consultant jeopardizing the security of the State
or(ii) where the committee is satisfied that it is not practicable to hold an enquiry in the
matter in the prescribed manner.
5.2 In cases under Category(i), the Committee will peruse the judgment of the criminal court andtake into account the gravity of the offence of misconduct committed, its impact on the project,
administration, other extraneous circumstances etc. and recommend deterrent action to be takenagainst the consultant as it is competent to do after giving an opportunity to the consultant to make
representation on the deterrent action proposed to be taken.
5.3 Regarding category(ii), it will be obligatory on the part of the Committee to record in writingthe reasons for its satisfaction to the effect not to hold the enquiry. The reasons, though brief, shall
not be vogue.
5.4 Director General (Road Development) & Special Secretary will take appropriate action based
on the recommendations of the committee.
6. Appeal or Review:
6.1 The aggrieved consultant within thirty days of receipt of final decision/order removing the
consultant from the panel {para 2 (iii) above} may appeal to Secretary (RT&H) against theorder or seek its review by the Ministry. A copy of the appeal shall be endorsed to DirectorGeneral (Road Development) & Special Secretary.
Secretary (RT&H) may condone the delay in filing of appeal, if valid reasons are given.
6.2 Appeal will be considered by a committee consisting of the following:-
1. Secretary (RT&H) Chairman2. Director General (Road Development) &
Special Secretary Member
3. Chief Engineer (Planning) Member6.3 If the appellant makes a specific request for a personal hearing, this may be granted by the
Committee at its discretion, considering the circumstances of the case.
6.4 The Director General (Road Development) & Special Secretary on the basis of the decision of
the Committee shall issue necessary orders which will be final and binding on the appellant.
The time limit for decision of appeal or review or revision of the earlier orders will generally be 45 days from the receipt of application in the Ministry.
TYPE OF DEFICIENCY OF SERVICES - ERRORS, OMISSIONS, COMMISSIONS OR
MISCONDUCT OF CONSULTANTS
Following are some of the common errors and omissions generally committed by the
consultants which will be given cognizance:
A. Errors in Bid Data:
(i) Non-furnishing/concealing/misrepresentation of facts like litigation/expulsion/action
taken/abandoning of work, failure and distress in works handled earlier etc.
(ii) Submission of bio-data of personnel without their consent or false bio-data.
(iii) Non-availability/non-deployment of the personnel projected for the job while biddingand seeking change of personnel soon after the commencement of services/frequent
change of personnel during the contract period.
B. Errors in Project Data & Design:
(i) Survey lines and levels and features not matching the ground conditions.(ii) Traverse not closing properly.
(iii) Hydraulic design parameters based on incorrect data and field survey.
(iv) Inadequate and / or incorrect subsoil investigations warranting change in design during
execution or time an cost overrun or performance or affecting safety of road / bridge
structure.(v) Design not conforming to the requirements of relevant codes, standards and
specifications and sound engineering practice.(vi) Incomplete submission for getting the payment from the client or delay in complying
with the observations / instructions given by the client on draft reports etc.
C. Errors in Supervision:
(i) Not acting impartially or acting in collusion with contractors in award of variations,
fixation of new rates etc.(ii) Not keeping proper records regarding quality control, inspection,