• Plot No. 29,F/F Second Floor Sector-11 Dwarka New Delhi- 110078

upcoming agenda

It is for general information to all concerned that the Hon'ble Minister for Road Transport & Highways have convened a meeting on 31.08.2021 to discuss and resolve the burning issues related to DPR/AE/IE Consultants in which Senior officers of NHAI, NHIDCL, DG MoRTH and Secretary MoRTH have also participated Dr. L.N. Malviya Chairman, Infrastructure Consultants Association of India has attended the meeting to voice the concerns of the Consultants. The following issues have been raised by Dr. Malviya on behalf of Infrastructure Consultants Association of India:-

1. DPR of In Principle Roads:-

The Consultants in the past have been instructed by MoRTH through Circular vide reference no. RW/NH-33044/24/2020-S&R (P&B) dated 28.07.2020 to hold the work of Preparation of DPR of in Principle Roads and asked to claim bill upto certain stage say upto Inception Report. Whereas a Consultant have done many other activities simultaneously like alignment Survey, Sub Soil Exploration, Part work of Design etc. The DPR Consultant's not fully compensated for the entire activities conducted till the foreclosure of work. The association demanded that a criteria should be evolved to compensate the consultant to a certain extent either through taking over of raw data or completion of some assigned activities as per contract agreement and release of payment to consultant accordingly.

We have submitted our representations through letters to Hon'ble Minister of Road Transport and Highways Shri Nitin Gadkari Ji, The Chairman of NHAI,The Secretary MoRTH,The Director General (RD) MoRTH. The copy of letters is enclosed herewith.

2. Frequent Changes in the Alignment of the Proposed Highways/Roads:-

It has been brought into the notice of the association by several DPR Consultants that the alignments of proposed Roads/Highways are changed many times before finalization which result into infructuous extra work to consultants and they are not compensated. The consultants are supposed to bear all the expenses from their pockets. Hence the association proposes the following methods/procedures for effective and time bound finalization of the alignment.

(a) For NHAI

The concerned PD,RO,Alignment approval committee and the Consultants should meet jointly and discuss the proposed alignment and finalize within a period of 1 month after submission by the consultant.

(b) For NHIDCL

The concerned GM,Executive Director,Head of the committee and the Consultants should meet jointly and discuss the proposed alignment and finalize within a period of 1 month after submission by the consultant.

(c) For State PWD (NH Work)

The concerned Executive Engineer,Chief Engineer,RO,Authorized Officer of DG office and the Consultants should meet jointly and discuss the proposed alignment and finalize within a period of 1 month after submission by the consultant.

We have submitted our representations through letters to Hon'ble Minister of Road Transport and Highways Shri Nitin Gadkari Ji,The Chairman of NHAI,The Secretary MoRTH,The Director General (RD) MoRTH. The copy of letters is enclosed herewith.

3. Simplification of Procedure for DPR Preparation:-

The Association has previously taken up the matter for simplification of procedure of preparations of DPRs with the competent authorities which is still under consideration. The Association once again raises the issue for consideration.

Presently the preparation of DPR takes around 4 years to complete the entire assignment under DPR preparation whereas the stipulated period generally ranges from 9 months to 12 months. The major cause of delays are LA issues, Forest clearances and Utility issues. The Association has demanded to bifurcate the whole procedure into four parts namely Technical part, Land Acquisition issues, Forest related and Utility related issues.

The Technical issues can be effectively performed and completed by the Technical Consultants within the agreed time frame provided the alignment is approved by the respective competent authority. LA issues can be handled by the retired Assistant Collectors or equivalent cadre who have access / acquaintance to their parent departments. Similarly Forest related works can be effectively handled by retired Gazetted officers of the Forest Departments and the Utility related works can be effectively Upcoming Agenda handled by retired officers of State Electricity Boards. The Association is of the view that if the work is divided in four parts, the entire DPR preparation work can be expeditiously completed within a period of one year instead of present time period of 4 to 5 years. The works viz. Technical DPR, Land Acquisition, Forest Clearances and Utility Related can be assigned in 4 parts/tenders on lowest tender basis or as desired by the competent authorities of the department concerned.

We have submitted our representations through letters to Hon'ble Minister of Road Transport and Highways Shri Nitin Gadkari Ji,The Chairman of NHAI,The Secretary MoRTH,The Director General (RD) MoRTH. The copy of letters is enclosed herewith.

4. Fixing Responsibility in Case of Accidents/Failure of Structures at Site:-

The Association has received numerous representation regarding fixing of responsibility in case of happening of accidents/ failure of structures at sites. As a general practice adopted by NHAI/other clients the onus are transferred to Key Personnel and the consultants as well if any accidents/ failure of structures are reported. Fixing the responsibility to the consultants are unreasonable when the CVs are evaluated and approved by the clients at their sole discretion and the consultants have no say in the finalization and approval process of CVs except pick and submit the desired CVs as per the requirement of Key Personnel given in the RFP Documents. Moreover the responsibilities of actual supervision of works at sites lie solely on the Key Personnel present during the execution of work at sites. The Association is of the view that if the responsibility of consultants are to be fixed, the decision to pick and finalize the candidature of Key Personnel should be given to the consultants only and the authorities should have no role in the selection and finalization of Key Personnel..

We have submitted our representations through letters to Hon'ble Minister of Road Transport and Highways Shri Nitin Gadkari Ji, The copy of letters is enclosed herewith.

5. To Extinguish the Limit of Replacement of Key Personnel from the Contracts:-

The maximum limit of replacement of Key Personnel prescribed in the contract documents should be scrapped. The Association feels that the maximum limit of replacement casts a slur on the working of consultants because the consultants have no authority to replace any Key Personnel beyond a certain limit given in the contract documents irrespective of the performance of the Key Personnel. Many a times the wrong Key Personnel with poor attitude/inadequate knowledge or having any other bad personal traits could not be removed by the consultants only because the consultants will be debarred if the limit of replacements cease. Hence the Association will persistently work for removal of limit given in the contract documents for ensuring quality output of services.

We have submitted our representations through letters to Hon'ble Minister of Road Transport and Highways Shri Nitin Gadkari Ji, The copy of letters is enclosed herewith.

6. Equal Opportunity for Diploma Holders in Civil Engineering for Career Progression:-

The Association has highlighted the plight of Diploma holders in Civil Engineering to various authorities of Government of India and requested for formulation of a Policy for their benefits so that they should also get opportunities for career progression. The association have demanded that Diploma in Civil Engineering with 5 years relevant experience should be treated at par with a fresh Degree holder Civil Engineer. The association will continue to raise the issue of career progression of Diploma holders in Civil Engineering.

We have submitted our representations through letters to Hon'ble Prime Minister Shri Narendra Modi Ji, Hon'ble Home Minister Shri Amit Shah Ji, Hon'ble Minister of Road Transport and Highways Shri Nitin Gadkari Ji, The Chairman of NHAI, The Vice Chairman of Niti Ayog, The Secretary MoRTH, The Director General (RD) MoRTH & The Managing Director NHIDCL. The copy of letters is enclosed herewith.

7. Formulation of Policy Guidelines to Deal with the Activities of Delinquent / Careless / Non-Performer Key Personnel/Sub-Professional.

The Association has taken up the matter for formulation of a Policy Guideline to deal with Delinquent / Careless / Non-Performer Key Personnel / Sub-Professional who does not perform their duties sincerely according to the provisions of Terms of Reference of the contract agreements. Their dereliction towards duties may eventually lead to degradation in quality and workmanship of the projects. Their callous attitude may even lead to accidents at sites and then both Key Personnel and the Consultants are held guilty. The authorities initiate action thereafter against the Key Personnel and the Consultants both irrespective of the fact that the Key Personnel have been selected by the authorities on prescribed parameters and the Consultants have no role in the selection process except to propose the candidature of the Key Personnel. Fixing the responsibilities to the consultants are unreasonable when the CVs are evaluated and approved by the clients and the consultants have no say in the finalization and approval process of CVs. The Association has therefore demanded the authorities to initiate action against the Key Personnel only and no action to be taken against the consultants or alternatively all the powers of selection of Key Personnel and their replacements without any limit be given to the consultants. The consultants will deploy the Key Personnel selected on the basis of prescribed qualifications and experience and inform the authority for before deployment.

We have submitted our representations through letters to Hon'ble Minister of Road Transport and Highways Shri Nitin Gadkari Ji, The copy of letters is enclosed herewith.

8. Suggestions/ Comments furnished on Agenda Points emerged during the interaction of Independent Engineer, Authority Engineer and DPR Consultants with Hon'ble Minister, Road Transport and Highways when HoDs of various organizations under the Ministry were also present:

We have furnished our suggestions on 7 below mentioned points to Hon'ble Minister, Road Transport and Highways with copy to the Secretary (MoRT&H), the Chairman, National Highways Authority of India, the Director General (RD&SS), MoRTH and the Managing Director, National Highways & Infrastructures Development Corporation Limited.

➤ Abnormally Low Priced Financial Proposals.

➤ Curriculum Vitae.

➤ Unavailability of Key Experts in the Projects.

➤ Laxity in Survey & Investigation in DPR Consultancy Services.

➤ Poor Quality of Construction Supervision (AE/IE).

➤ Dispute Resolution (AE/IE).

➤ Capacity Building of Consultants

9. ABROGATION OF NHAI TECHNICAL CAPACITY PROVISION IMPLEMENTED VIDE NHAI POLICY GUIDELINES NHAI/POLICY GUIDELINES/CONSULTANTS/2021-POLICY CIRCULAR NO. 10.1.28/2021 DATED 30.03.2021 -

NHAI has implemented fresh Policy Guidelines through policy circular no. 10.1.28/2021 dated 30.03.2021 further restricting number of DPR/IE/AE/SC assignments that can be awarded to a consultancy firm in a financial year and also capping total number of projects which can be awarded to one consultancy firm merely on the basis of annual turnover of last 3 financial years and number of key professionals on full time role with the firm for minimum last one year. It is stated in the guidelines that the works awarded on the date of opening of financial bid and in progress will be taken into consideration as utilized capacity and the guidelines shall come into effect from FY 2021-22 for all RFPs of consultancy assignments to be received on or after 01.04.2021.

We have requested the Chairman NHAI vide our letter ICAI/CHAIRMAN/NHAI/2021-22/599 dated 01.09.2021 to abrogate the policy guideline from its effective date in the interest of Indian Consulting Firms

A copy of ICAI/CHAIRMAN/NHAI/2021-22/599 dated 01.09.2021 is enclosed herewith.