RFP

Request for Proposal
For
“Design and Construction/Improvement of Road Rajouri-Thanamandi-

Surankot on EPC mode from Existing Km 3+900 to Km 56+951 (Design
Km 3+900 to Km 59+420) [Design Length – 55.520 km] from Existing IW/
CL-9 Specifications to NHDL Specifications under 31 BRTF Area Under
Project Sampark in Jammu &Kashmir (UT)”.
on
Engineering, Procurement & Construction

(EPC) Mode
Feb 2020
Border Roads Organisation

Ministry of Defence
1
TABLE OF CONTENTS
S. No. Contents Page No.
Notice inviting RFP 4
Disclaimer 6
Glossary 7
1 Introduction 8
1.1 Background 8
1.2 Brief description of Bidding Process 9
1.3 Schedule of Bidding Process 11
2 Instructions to Bidders 12
A General 12
2.1 General terms of Bidding 12
2.2 Eligibility and qualification requirement of Bidder 16
2.3 Proprietary Data 24
2.4 Cost of Bidding 24
2.5 Site visit and verification of information 24
2.6 Verification and Disqualification 25
B Documents 26
2.7 Contents of the RFP 26
2.8 Clarifications 27
2.9 Amendment of RFP 27
C Preparation and Submission of BIDs 28
2.10 Format and Signing of BID 28
2.11 Documents comprising Technical & financial BID 28
2.12 BID Due Date 30
2.13 Late BIDs 30
2.14 Procedure of e-tendering 30
2.15 Online opening of Bids 31
2.16 Rejection of BIDs 31
2.17 Validity of BIDs 32
2.18 Confidentiality 32
2.19 Correspondence with the Bidder 32
D BID Security 32
2.20 BID Security 32
3 Evaluation of Technical and Opening & Evaluation of 35
financial Bids
3.1 Evaluation of Technical BIDs 35
3.2 Opening and Evaluation of financial Bids 36
3.3 Selection of Bidder 36
3.4 Contacts during BID Evaluation 37
3.5 Correspondence with the Bidder 37
4 Fraud and Corrupt Practices 38
5 Pre-BID Conference 39
6 Miscellaneous 40
Appendices
IA Letter comprising the Technical BID 41
IB Letter comprising the Financial BID 45
II Bank Securing Declaration 64
III Format for Power of Attorney for signing of BID 65
IV Format for Power of Attorney for Lead Member of Joint 67
Venture
2
V Format for Joint Bidding Agreement for Joint Venture 69
VI Integrity Pact Format 73
VII Form of Bank Guarantee (For Performance Security) 78
VIII Format of LOA 81
Annexure of Appendix 1A
I Details of Bidder 47
II Technical Capacity of the Bidder (Deleted) 51
III Financial Capacity of the Bidder (Deleted) 52
IV Details of Eligible Project 54
V Statement of legal capacity 58
VI Information required to Evaluate the Bid capacity 59
VII Guidelines of the Department of Disinvestment 61
VIII Details of ongoing Works 63
3
MINISTRY OF DEFENCE
Notice Inviting Bid
No. 24066/DGBR/Sampark/R-T-S/34/EPC Cell Dated 21 Feb 2020
RFP for “Design and Construction/Improvement of Road Rajouri-Thanamandi-Surankot on EPC

mode from Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km 59+420) [Design Length –
55.520 km] from Existing IW/ CL-9 Specifications to NHDL Specifications under 31 BRTF Area
Under Project Sampark in Jammu & Kashmir (UT)”.
The Ministry of Defense through Border Road Organisation is engaged in the development of road and as
part of this endeavor, it has been decided to undertake “for “Design and Construction/Improvement of
Road Rajouri-Thanamandi-Surankot on EPC mode from Existing Km 3+900 to Km 56+951 (Design
Km 3+900 to Km 59+420) [Design Length – 55.520 km] from Existing IW/ CL-9 Specifications to
NHDL Specifications under 31 BRTF Area Under Project Sampark in Jammu &Kashmir (UT)”.
Border Road Organization represented by its Chief Engineer (P) Sampark now invites bids from eligible
contractors for the following project:
State NH/ ICB Name of work Estimated Completion Maintenance
SH No No. Cost (Cr.) Period Period
Jammu & - - “Design and Construction/Improvement 330.10 24 60 Months/

Kashmir of Road Rajouri-Thanamandi-Surankot Months 5 Years
from Existing Km 3+900 to Km 56+951 from the
(Design Km 3+900 to Km 59+420) Actual Date
[Design Length – 55.520 km] from of
Existing IW/ CL-9 Specifications to completion
NHDL Specifications under 31 BRTF
Area Under Project Sampark in Jammu
&Kashmir (UT)”.
The complete BID document can be viewed / downloaded from web portal of BRO ( http://www.bro.gov.in
or from web portal www.eprocure.gov.in and BIMS Portal (http://bims.gov.in) 21 Feb 2020 to 08 Apr
2020 (up to 1100 Hrs. IST). Bidder must submit its financial bid at [http://eprocure.gov.in] and Technical
Bid at www.eprocure.gov.in and BIMS Portal (http://bims.gov.in) on or before 08 Apr 2020 (upto 1100
hours IST). Bids received online shall be opened on 0 9 A p r 2 0 2 0 (after 1100 hours IST).
Bid through any other mode shall not be entertained. However, document fee, BID Securing Declaration,
Power of Attorney and Joint Bidding Agreement etc. shall be submitted physically by the Bidder on or
before 08 Apr 2020 (at 1100 hours IST), Please note that the Border Roads Organisation reserves the
right to accept or reject all or any of the BIDs without assigning any reason whatsoever.
Bank details of Client is given below:-
S/No Particulars Details

1 Name of Beneficiary Chief Engineer, Project
Sampark
2 Beneficiary Bank Account No. 10582388528
3 Beneficiary Bank Branch Name and Address SBI Hari Market, Near Bus
Stand, Jammu (J&K)
4 Beneficiary Bank Branch IFSC SBIN0000657
5 Swift code (for Foreign Bidders) SBININBB242
4
Details of Nodal Officer and other officials of Authority:-
S/No Name Designation Phone No. Email ID

1 Shri RK Garg, VSM, Director 011-25686846 bro-
SE (Civ) (EPC) (Office timing – 9 [email protected]
(Nodal am to 5.30 pm,
Officer) Monday to Friday)
Mob No. -
8415927181
2 Shri Nagendra Kumar Jt. Director 011-21520090 bro-
EE (Civ) (EPC) (Office timing – 9 [email protected]
am to 5.30 pm,
Monday to Friday)
Mob No. -
9811984284
Headquarters
Director General Border Roads (EPC Cell)
Seema Sadak Bhawn, Ring Road sd/xxx
Delhi Cantt - 110010 (RK Garg)
SE (Civ)
Tel : 011-25686846 Fax : 011-25684632 Dir (EPC)
For DGBR
E-mail : [email protected] Website : bro.gov.in
5
DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form
by or on behalf of the Authority or any of its employees or advisors, is provided to Bidder(s)
on the terms and conditions set out in this RFP and such other terms and conditions subject
to which such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions and
assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder may
require. This RFP may not be appropriate for all persons, and it is not possible for the
Authority, its employees or advisors to consider the investment objectives, financial situation
and particular needs of each party who reads or uses this RFP. The assumptions, assessments,
statements and information contained in the Bidding Documents, especially the [Feasibility
Report], may not be complete, accurate, adequate or correct. Each Bidder should, therefore,
conduct its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments, statements and
information contained in this RFP and obtain independent advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of
which may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall have
no liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the RFP and any assessment, assumption, statement or
information contained therein or deemed to form part of this RFP or arising in any way for
participation in this BIDStage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP. The Authority may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or assumptions
contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to
appoint the Selected Bidder JV or Contractor, as the case may be, for the Project and the
Authority reserves the right to reject all or any of the Bidders or BIDs without assigning any
reason whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be required
by the Authority or any other costs incurred in connection with or relating to its BID. All such
costs and expenses will remain with the Bidder and the Authority shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses incurred by a
Bidder in preparation or submission of the BID, regardless of the conduct or outcome of the
Bidding Process.
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GLOSSARY
Agreement As defined in Clause 1.1.4
Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
BID(s) As defined in Clause 1.2.2
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.5
BID Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
BID Security As defined in Clause 1.2.4
BID Price or BID As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.2
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1(c)
Defect Liability Period As defined in Clause 1.2.6
Eligible Experience As defined in Clause 2.2.2.5(i)
Eligible Projects As defined in Clause 2.2.2.5(i)
EPC As defined in Clause 1.1.1
EPC Contract As defined in Clause 1.1.2
Estimated Project Cost As defined in Clause 1.1.3
Feasibility Report As defined in Clause 1.2.3
Financial Capacity As defined in Clause 2.2.2.3(i)
Government Government of India
Joint Venture As defined in Clause 2.2.1
Jt. Bidding Agreement As defined in Clause2.1.11(f)
Lead Member As defined in Clause 2.1.11(c)
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.9(ii)
Performance Security As defined in Clause 2.21.1
Additional Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Requestfor Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.2(i)
Tie BIDs As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.2(i)
The words and expressions beginning with capital letters and defined in this
document shall, unless repugnant to the context, have the meaning ascribed thereto
herein.
7
BORDER ROADS ORGANISATION
SECTION 1
INTRODUCTION
1.1 Background
1.1.1. The Ministry of Defence through Chief Engineer Project Sampark, Kunjwani,
Near Peer Baba, PO – Gangyal, Distt - Jammu, Jammu & Kashmir- 180010 (The
‘Authority’) is engaged in the development of road and as part of this endeavor,
the Authority has decided to undertake “Design and Construction/Improvement of
Road Rajouri-Thanamandi-Surankot on EPC mode from Existing Km 3+900 to Km
56+951 (Design Km 3+900 to Km 59+420) [Design Length – 55.520 km] from
Existing IW/ CL-9 Specifications to NHDL Specifications under 31 BRTF Area
Under Project Sampark in Jammu &Kashmir (UT)” (the “Project”) through
Engineering, Procurement and Construction (the “EPC”) Contract, and has
decided to carry out the bidding process for selection of a Bidder to whom the
Project may be awarded. A brief description of the project may be seen in the
Information Memorandum of the Project at the CPPP website https://
www.eprocure.gov.in and BIMS Portal (http://bims.gov.in) & Authority’s Website
(www.bro.gov.in). Brief particulars of the Project are as follows:
Name of the National Length Estimated No of Years

Highway in Km Project for
Cost (In completion of
Rs. cr.) work
Design and Construction/
Improvement of Road Rajouri-
Thanamandi-Surankot on EPC mode
from Existing Km 3+900 to Km
56+951 (Design Km 3+900 to Km
59+420) [Design Length – 55.520
km] from Existing IW/ CL-9 55.520 330.10 24 months
Specifications to NHDL
Specifications under 31 BRTF Area
Under Project Sampark in Jammu
&Kashmir (UT)”.
1.1.2. The selected Bidder (the “Contractor”) shall be responsible for designing,
engineering, procurement and construction of the Project under and in accordance
with the provisions of an engineering, procurement and construction contract (the
“EPC Contract”) to be entered into between the Contractor and the Authority in
the form provided by the Authority as part of the Bidding Documents pursuant
hereto. The Contractor shall also be responsible for the maintenance of the project
during the Defect Liability Period. The scope of work will broadly include
rehabilitation, up gradation and augmentation of the existing carriageway to two
lane with Earthen shoulders standards with
8
construction of new pavement, rehabilitation of existing pavement, construction
and/or rehabilitation of major and minor bridges, culverts, road intersections,
interchanges, drains, etc. and maintenance of the Project during the Defect
Liability Period, which shall be 05 years.
1.1.3. The estimated cost of the Project (the “Estimated Project Cost”) has been
specified in the clause 1.1.1 above. The assessment of actual costs, however, will
have to be made by the bidders.
1.1.4. The Agreement sets forth the detailed terms and conditions for award of the
project to the Contractor, including the scope of the Contractor’s services and
obligations.
1.1.5. The Authority shall receive BIDs pursuant to this RFP in accordance with the
terms set forth in this RFP and other documents to be provided by the Authority
pursuant to this RFP (collectively the "Bidding Documents"), and all BIDs shall
be prepared and submitted in accordance with such terms on or before the BID
due date specified in Clause 1.3 for submission of BIDs (the “BID Due Date”).
1.2 Brief description of Bidding Process
1.2.1 The Authority has adopted a single stage two part system (referred to as the
"Bidding Process") for selection of the Bidder for award of the Project. Under
this process, the bid shall be invited under two parts. Eligibility and
qualification of the Bidder will be first examined based on the details submitted
under first part (Technical Bid) with respect to eligibility and qualifications
criteria prescribed in this RFP (the “Bidder”, which expression shall, unless
repugnant to the context, include the members of the Joint Venture). The
Financial Bid under the second part shall be opened of only those Bidders
whose Technical Bids are responsive to eligibility and qualifications
requirements as per this RFP.
[GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP) for
qualification of Bidders seeking to acquire stakes in any public sector enterprise
through the process of disinvestment. These guidelines shall apply mutatis
mutandis to this Bidding Process. The Authority shall be entitled to disqualify
any Bidder in accordance with the aforesaid guidelines at any stage of the
Bidding Process. Bidders must satisfy themselves that they are qualified to bid,
and should give an undertaking to this effect in the form at Appendix-IA].
1.2.2 The Bid shall be valid for a period of 120 days from the date specified in Clause
1.3 for submission of BIDs.
1.2.3 The complete Bidding Documents including the draft Agreement for
the Project is enclosed for the Bidders. The Feasibility Report / Detailed Project
Report prepared by the Authority/ consultants of the Authority (the "Feasibility
Report/Detailed Project Report") is also enclosed. The Feasibility Report /
Detailed Project Report of the Project is being provided only as a preliminary
reference document by way of assistance to the Bidders who are expected to
carry out their own surveys, investigations and other detailed examination of the
9
Project before submitting their Bids. Nothing contained in the Feasibility
Report/Detailed Project Report shall be binding on the Authority nor confer any
right on the Bidders, and the Authority shall have no liability whatsoever in
relation to or arising out of any or all contents of the Feasibility
Report/Detailed Project Report. The aforesaid documents and any addenda issued
subsequent to this RFP Document will be deemed to form part of the Bidding
Documents. However, Feasibility Report/Detailed Project Report prepared by the
Authority /consultants of the Authority (the “Feasibility Report/Detailed Project
Report”) is not required in case of maintenance works like PR/HIPR to be taken
on EPC mode.
1.2.4 A Bidder is required to submit, along with its BID, a BID Securing
Declaration. The bidders shall also submit Demand Draft for Rs. 40,000.00
(Rupees Forty Thousand only) issued from a scheduled Bank in India in
favour of “Chief Engineer Project Sampark” payable at Jammu, Jammu &
Kashmir.
1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at
their cost, such studies as may be required for submitting their respective BIDs
for award of the contract including implementation of the Project.
1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a
Bidder for implementing the Project (the "BID Price"). The total time allowed
for completion of construction under the Agreement (the “Construction Period”)
and the period during which the Contractor shall be liable for maintenance and
rectification of any defect or deficiency in the Project after completion of the
Construction Period (the “Defect Liability Period”) shall be pre-determined,
and are specified in the draft Agreement forming part of the Bidding Documents.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the
lowest BID price.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest
Bidder withdraws or is not selected for whatsoever reason except the reason
mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the Bidding
Process and invite fresh BIDs.
1.2.8 Other details of the process to be followed under this bidding process and the
terms thereof are spelt out in thisRFP.
1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted by e-mail to the officer designated in Clause 2.11.4 below with
identification/ title: "Queries / Request for Additional Information: RFP for
“Design and Construction/Improvement of Road Rajouri-Thanamandi-Surankot
on EPC mode from Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km
59+420) [Design Length – 55.520 km] from Existing IW/ CL-9 Specifications to
NHDL Specifications under 31 BRTF Area Under Project Sampark in Jammu
&Kashmir (UT) ”.
1.3 Schedule of Bidding Process
10
The Authority shall endeavor to adhere to the following schedule:
Sl. No. Event Description Date

1. Invitation of RFP (NIT) 21 Feb 2020
2. Last date for receiving queries 16 Mar 2020
3. Pre-BID meeting at venue 2.11.4 17 Mar 2020
4. Authority response to queries latest by 24 Mar 2020
5. Last date of Request for BID Document 08 Apr 2020, up to 11.00 AM
6 BID Due Date 08 Apr 2020, up to 11.00 AM
7. Physical Submission of POA etc 08 Apr 2020, up to 11.00 AM
8. Opening of Technical BIDs at venue 2.11.4 09 Apr 2020, after 11:00 AM
9. Declaration of eligible / qualified Bidders To be intimated later
10. Opening of Financial BID To be intimated later
11. Letter of Acceptance (LOA) To be intimated later
12. Return of signed duplicate copy of LOA Within 07 days from the date of issue of
LoA
13. Validity of BID 120 days from BID Due Date
14. Submission of Performance Security (PS) and Within 30 days of receipt of LOA. (The
Additional Performance Security (APS), if any bidder has the option to provide 50% of
PS and APS, if any within 30 days of
receipt of LOA and the remaining PS and
APS, if any to be provided within 30
days of signing of agreement)
15. Signing of Agreement Within 10 days from the receipt of 50%
of Performance Security and 50% of
Additional Performance Security, if any
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SECTION-2
INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Bidding
2.1.1 No Bidder shall submit more than one BID for the Project. A Bidder
bidding individually or as a member of a Joint Venture shall not be
entitled to submit another BID either individually or as a member of any
Joint Venture, as the case may be.
2.1.2 An International Bidder bidding individually or as a member of a Joint

Venture shall ensure that Power of Attorney is apostille by appropriate
authority and requirement of Indian Stamp Act is duly fulfilled.
2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed
terms specified in the draft Agreement shall have overriding effect; provided,
however, that any conditions or obligations imposed on the Bidder hereunder
shall continue to have effect in addition to its obligations under the Agreement.
Further, the statements and explanations contained in this RFP are intended to
provide a better understanding to the Bidders about the subject matter of
this RFP and should not be construed or interpreted as limiting in any way or
manner the scope of services and obligations of the Contractor set forth in the
Agreement or the Authority’s rights to amend, alter, change, supplement or
clarify the scope of work, the work to be awarded pursuant to this RFP or the
terms thereof or herein contained. Consequently, any omissions, conflicts
or contradictions in the Bidding Documents including this RFP are to be
noted, interpreted and applied appropriately to give effect to this intent, and no
claims on that account shall be entertained by the Authority
2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e.
Technical Bid as per Appendix IA and Financial Bid as per Appendix IB.
BID amount shall be indicated clearly in both figures and words, in Indian
Rupees in prescribed format of Financial Bid and it will be signed by the
Bidder’s authorized signatory. In the event of any difference between
figures and words, the amount indicated in words shall be taken into account.
For avoidance of doubt, in any case, the financial Bid shall be evaluated
considering the financial figures filled in the prescribed format (Appendix-IB)
only, as uploaded on CPP Portal.
2.1.5 The Bidder should submit a Power of Attorney as per the format at Appendix-
III, authorizing the signatory of the BID to commit the Bidder.
2.1.6 In case the Bidder is a Joint Venture, the Members thereof should furnish a
Power of Attorney in favour of the Lead Member in the format at Appendix-IV.
And joint bidding agreement in the format at Appendix-V
2.1.7 Any condition or qualification or any other stipulation contained in the BID
shall render the BID liable to rejection as a non-responsive BID.
2.1.8 The BID and all communications in relation to or concerning the Bidding
Documents and the BID shall be in English language.
2.1.9 This RFP is not transferable.
12
2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of
Bidding Documents and also fulfilling the criterion as mentioned in clause
2.2.
2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following
additional requirements:
(a) Number of members in a Joint Venture shall not exceed 3 (Three);
(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the lead
member (the “Lead Member”). Lead Member shall met at least 60%
requirement of Bid Capacity, Technical and Financial Capacity, required
as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The nomination(s) shall be
supported by a Power of Attorney, as per the format at Appendix-III,
signed by all the other Members of the Joint Venture. Other Member(s)
shall meet at least 20% requirement of Bid Capacity, Technical and
Financial Capacity required as per Clause 2.2.2.1, 2.2.2.2 (i) & 2.2.2.3
and the JV as a whole shall cumulatively/collectively fulfill the 100%
requirement;
(d) the Bid should include a brief description of the roles and
responsibilities of individual members, particularly with reference to
financial, technical and defect liability obligations;
(e) the Lead Member shall itself undertake and perform at least 51(fifty one)
per cent of the total length of the Project Highway,
(f) members of the Joint Venture shall have entered into a binding Joint
Bidding Agreement, substantially in the form specified at Appendix V
(the “Jt. Bidding Agreement”), for the purpose of making the
Application and submitting a Bid in the event of being pre-qualified. The
Jt. Bidding Agreement, to be submitted along with the Application, shall,
inter alia:
(i) convey the commitment(s) of the Lead Member in accordance with

this RFP, in case the contract to undertake the Project is awarded to
the Joint Venture; and clearly outline the proposed roles &
responsibilities, if any, of each member;
(ii) commit the approximate share of work to be undertaken by each
member conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint
Venture shall be liable jointly and severally for all obligations of the
Contractor in relation to the Project until the Defect Liability Period
is achieved in accordance with the EPC Contract; and
(g) Except as provided under this RFP, there shall not be any amendment to
the Jt. Bidding Agreement.
(h) No Joint Venture up to Estimate Project Cost of Rs. 100 crore (One
Hundred Crore). However, Joint Venture for any Estimated Project Cost
is permissible in case of maintenance works to be taken up on EPC
13
mode.
2.1.12 While bidding is open to persons from any country, the following provisions
shall apply:
(a) Where, on the date of the Application, not less than 50% (fifty percent) of the
aggregate issued, subscribed and paid up equity share capital in the L-1
Bidder or its Member is held by persons resident outside India or where a
Bidder or its Member is controlled by persons resident outside India, then the
eligibility and award of the project to such L-1 Bidder shall be subject to
approval of the competent authority from national security and public interest
perspective as per the instructions of the Government of India applicable at
such time. The decision of the authority in this behalf shall be final and
conclusive and binding on the Bidder.
(b) (1) Further, where the LoA of a project has been issued to an agency, not
covered under the category mentioned above, and it subsequently wishes to
transfer its share capital in favor of another entity who is a resident outside
India or where a Bidder or its Member is controlled by persons resident
outside India and thereby the equity capital of the transferee entity exceeds
50% or above, any such transfer of equity capital shall be with the prior
approval of the competent authority from national security and public interest
perspective as per the instructions of the Government of India applicable at
such point in time.
(2) The holding or acquisition of equity control, as above shall include

direct or indirect holding, acquisition, including by transfer of the direct or
indirect legal or beneficial ownership or control, by persons acting for
themselves or in concert and in determining such holding or acquisition, the
Authority shall be guided by the principles, precedents and definitions
contained in the Securities and Exchange Board of India (Substantial
Acquisition of Shares and Takeovers) Regulations, 2011, or any substitute
thereof, as in force on the date of such acquisition.
(3) The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable for
disqualification from the Bidding process.
(4) In case the L-1 Applicant under (a) above is denied the security
clearance, for whatsoever reasons, then the applicants emerging as L-2, L-3
eligible Bidders (in that order) may be given a counter-offer (one by one
sequentially) to match the bid of L-1 applicant/preferred Bidder. In the event
of acceptance of the counter-offer by another eligible Bidder, the project may
be awarded to such Bidder. In case no applicant matches the bid of the L-1
applicant, the bid process shall be annulled and fresh bids invited.
2.1.13 Notwithstanding anything to the contrary contained herein, in the event that
the Bid Due Date falls within three months of the closing of the latest
financial year of a Bidder, it shall ignore such financial year for the purposes
of its Bid and furnish all its information and certification with reference to the
5 (five) years or 1 (one) year, as the case may be, preceding its latest financial
year. For the avoidance of doubt, financial year shall, for the purposes of a
14
Bid hereunder, mean the accounting year followed by the Bidder in the course
of its normal business.
2.1.14 The Bidder, including an individual or any of its Joint Venture members,
should not be a non-performing party on the bid submission date. The Bidder,
including any Joint Venture Member, shall be deemed to be a non-performing
party (not applicable to the project whose contract is terminated by the Authority)
if it attracts any or more of the following parameters:
(i) Fails to complete or has missed more than two milestones in already
awarded two or more projects, even after lapse of 6 months from the
scheduled completion date, unless Extension of Time has been allowed
on the recommendations of the Independent Engineer due to
Authority's default;
(ii) Fails to complete a project, as per revised schedule, for which One
Time Fund Infusion (OTFI) has been sanctioned by the Authority;
(iii) Physical progress on any project is not commensurate with the funds
released (equity+debt+grant) from the escrow account and such
variation is more than 25% in last one year as observed by the
Independent Engineer in one or more projects;
(iv) Punch List Items in respect of any project are pending due to Bidder's
default in two or more Projects even after lapse of the prescribed time
for completion of such items;
(v) Fails to fulfil its obligations to maintain a highway in a satisfactory

condition in spite of two rectification notices issued in this behalf;
(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the

Independent/ Authority’s Engineer on the designs/ works constructed
by the Bidder pending for more than one year in two or more projects.
(vii) Fails to make premium payments excluding the current installment in

one or more projects.
(viii) Damages/ Penalties recommended by the Independent/ Authority’s

Engineer on the Bidder during O&M period and the remedial works
are not taken up in two or more projects.
(ix) Fails to achieve financial closure in two or more projects within the
given or extended period (which shall not be more than six months in
any case).
(x) Fails to submit the Performance Security within the permissible period
in more than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-performing entity by

an independent third party agency and so notified on the website of the
Authority.
(xii) Has Failed to perform for the works of Expressways, National

Highways, ISC & EI works in the last 2(two) years, as evidenced by
15
imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitral award against the Bidder, including
individual or any of its Joint Venture Member, as the case may be.
(xiii) Has been expelled or the contract terminated by the Ministry of Road
Transport & Highways or its implementing agencies for breach by such
Bidder, including individual or any of its Joint Venture Member;
Provided that any such decision of expulsion or termination of contract
leading to debarring of the Bidder from further participation in bids for the
prescribed period should have been ordered after affording an opportunity of
hearing to such party.
The Bidder, including individual or each member of Joint Venture, shall give the list of
the projects of Expressways, National Highways, ISC and EI works of Ministry of
Road Transport & Highways or its implementing agencies (NHAI/ NHIDCL/State
PWDs/BRO) and the status of above issues in each project as on the bid submission
date and undertake that they do not attract any of the above categories (Ref. Sr. No.6,
Annex-I of Appendix – IA).
The Bidder including individual or any of its Joint Venture Member may provide
(i) details of all their on-going projects along with updated stage of litigation, if so,
against the Authority / Governments;
(ii) details of updated on-going process of blacklisting if so, under any contract with
Authority / Government; and
(iii) Details of all their on-going projects in the format at Annexure-VIII of Appendix
IA (Ref Clause 10.3 (iv) of Draft EPC Agreement).
The Authority reserves the right to reject an otherwise eligible Bidder on the basis of
the information provided under this clause 2.1.14. The decision of the Authority in this
case shall be final
2.2. Eligibility and qualification requirements of Bidder
2.2.1 For determining the eligibility of Bidder the following shall apply:
(a) The Bidder may be a single entity or a group of entities (the “Joint Venture”),
coming together to implement the Project. The term Bidder used herein would
apply to both a single entity and a Joint Venture. However, in case the
estimated cost of the project for which bid is invited is up to Rs100.00 Crore,
then Joint Venture shall not be allowed.
(b) Bidder may be a natural person, private entity, or any combination of them
with a formal intent to enter into a Joint Venture agreement or under an
existing agreement to form a Joint Venture. A Joint Venture shall be eligible
for consideration subject to the conditions set out in Clause 2.1.11 above.
(c) A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that
affects the Bidding Process. Any Bidder found to have a Conflict of Interest
shall be disqualified and liable for forfeiture of the BID Security or Performance
Security as the case may be. A Bidder shall be deemed to have a Conflict of
Interest affecting the Bidding Process, if:
(i) the Bidder, its Joint Venture Member (or any constituent thereof) and any
16
other Bidder, its Member or any Member of its Joint Venture thereof (or
any constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply in
cases where the direct or indirect shareholding of a Bidder, or its Joint
Venture Member thereof (or any shareholder thereof having a
shareholding of more than 5% (five percent) of the paid up and
subscribed share capital of such Bidder, or its Joint Venture Member, as
the case may be), in the other Bidder, its Joint Venture Member is less
than 5% (five percent) of the subscribed and paid up equity share capital
thereof; provided further that this disqualification shall not apply to any
ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act 1956.
For the purposes of this Clause 2.2.1(c), indirect shareholding held
through one or more intermediate persons shall be computed as follows:
(aa) where any intermediary is controlled by a person through
management control or otherwise, the entire shareholding held by such
controlled intermediary in any other person (the “Subject Person”) shall
be taken into account for computing the shareholding of such controlling
person in the Subject Person; and (bb) subject always to sub-clause (aa)
above, where a person does not exercise control over an intermediary,
which has shareholding in the Subject Person, the computation of
indirect shareholding of such person in the Subject Person shall be
undertaken on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the
shareholding of such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary; or
(ii) a constituent of such Bidder is also a constituent of another Bidder; or
(iii) such Bidder, or any of its Joint Venture Member thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, or any of its Joint Venture
Member thereof or has provided any such subsidy, grant, concessional
loan or subordinated debt to any other Bidder, its Member or any of its
Joint Venture Member thereof; or
(iv) such Bidder has the same legal representative for purposes of this
Application as any other Bidder; or
(v) such Bidder, or any of its Joint Venture Member thereof has a
relationship with another Bidder, or any of its Joint Venture Member
thereof, directly or through common third party/ parties, that puts either
or both of them in a position to have access to each others’ information
about, or to influence the Application of either or each other; or
(vi) such Bidder, or any of its Joint Venture Member thereof has participated
as a consultant to the Authority in the preparation of any documents,
design or technical specifications of the Project.
2.2.2 Qualification requirements of Bidders:
2.2.2.1 BID Capacity

Bidders who inter alia meet the minimum qualification criteria will be
qualified only if their available BID capacity is more than the total BID value
17
(value as per Clause 1.1.1). The available BID capacity will be calculated as
per following, based on information mentioned at Annexure-VI of Appendix-
IA:
Assessed Available BID capacity = (A*N*2.5 – B + C), Where
N= Number of years prescribed for completion of work for which Bid is invited.
A = Maximum value of civil engineering works excluding the amount of

bonus received, if any, in respect of EPC Projects executed in any one
year during the last five years (updated to the price level of the year
indicated in table at Note- 3 below) taking into account the completed
as well as works in progress. The EPC projects include turnkey
project/ Item rate contract/ Construction works.
B = Value (updated to the price level of the year indicated in table at Note-3
below) of existing commitments, works for which Appointed Date/
Commencement Date has been declared or on-going works to be
completed during the period of completion of the works for which
BID is invited. For the sake of clarification, it is mentioned that works
for which LOA has been issued but Appointed Date/ Commencement
Date not declared as on Bid Due Date shall not be considered while
calculating value of B.
C = The amount of bonus received, if any, in EPC Projects during the last 5
years (updated to the price level of the year indicated in table at Note-
3 below).
Note:
1. The Statement showing the value of all existing commitments, works for
which Appointed Date/ Commencement Date has been declared and ongoing
works as well as the stipulated period of completion remaining for each of
the works listed should be countersigned by the Client or its Engineer-in-
charge not below the rank of Executive Engineer or equivalent in respect of
EPC Projects or Concessionaire / Authorised Signatory of SPV in respect of
BOT Projects and verified by Statutory Auditor.
2. The amount of bonus received, if any, in EPC Projects should be

countersigned by the Client or its Engineer-in-charge not below the rank of
Executive Engineer or equivalent in respect of EPC Projects.
3. The factor for the year for updation to the price level is indicated as under:
Year Year-1 Year-2 Year-3 Year-4 Year-5

Up-dation factor 1.00 1.05 1.10 1.15 1.20
2.2.2.2 Technical Capacity
(i) For demonstrating technical capacity and experience (the “Technical

Capacity”), the Bidder shall, over the past 5 (five) financial years
preceding the Bid Due Date, have received payments for construction
of Eligible Project(s), or has undertaken construction works by itself in
a PPP project, such that the sum total thereof, as further adjusted in
18
accordance with clause 2.2.2.5 (i) & (ii), is more than Rs 495.15 Crs
(Rupees Four Hundred Ninety Five Crore Fifteen lakh only)
“The Threshold Technical Capacity”.
(ii) For normal Highway projects (including Major

Bridges/ROB/Flyovers/Tunnels):
Provided that at least one similar work of 25% of Estimated Project

Cost Rs. 82.53 Crore (Rupees Eighty Two Crore Fifty three lakh
only ) shall have been completed from the Eligible Projects in Category
1 and/or Category 3 specified in Clause 2.2.2.5. For this purpose, a
project shall be considered to be completed, if more than 90% of the
value of work has been completed and such completed value of work is
equal to or more than 25% of the estimated project cost. If any Major
Bridge/ROB/Flyover/Tunnel is (are) part of the project, then the sole
Bidder or in case the Bidder being a Joint Venture, any member of
Joint Venture shall necessarily demonstrate additional experience in
construction of Major Bridge/ROBs/Flyovers/Tunnel in the last 5 (Five)
financial years preceding the Bid Due Date i.e. shall have completed at
east one similar Major Bridge/ROB/Flyover having span equal to or
greater than 50% of the longest span of the structure proposed in this
project and in case of tunnel, if any, shall have completed construction
of at least one tunnel consisting of single or twin tubes (including
tunnel(s) for roads/Railway/Metro rail/irrigation/hydro-electric projects
etc.) having at least 50% of the cross-sectional area and 25% length of
the tunnel to be constructed in this project.
(iii) For Stand-alone specialized projects:
(a) Major Bridges/ROB/Flyovers projects (a1) In case the cost of

specialized project is less than or equal to Rs. 1000 Cr. The sole Bidder
or in case the Bidder being a Joint Venture, any member of Joint
Venture shall have completed at least one similar Major
Bridge/ROB/Flyover project in the last 5 (Five) financial years
preceding the Bid Due Date, having span equal to or greater than 50% of
the longest span of the structure proposed in this project and also the
cost of such similar project shall be at least 25% of the Estimated
Project Cost. For this purpose, a project shall be considered to be
completed, if more than 90% of the value of work has been completed
and such completed value of work is equal to or more than 25% of the
Estimated Project Cost.
(a2) In case the cost of specialized project is more than Rs. 1000 Cr. The
sole Bidder or in case the Bidder being a Joint Venture, any member of
Joint Venture shall have completed at least one similar Major
Bridge/ROB/Flyover project in the last 7 (seven) financial years
preceding the Bid Due Date, having span equal to or greater than 50% of
the longest span of the structure proposed in this project or 100 m
whichever is less, and also the cost of such similar project shall be at
least 25% of the Estimated Project Cost or Rs. 1000 cr. whichever is
less. For this purpose, a project shall be considered to be completed, if
more than 90% of the value of work has been completed and such
completed value of work is equal to or more than 25% of the Estimated
19
Project Cost. Rs. 1000 cr. whichever is less
(b) Tunnel project: The sole Bidder or in case the Bidder being a Joint
Venture, any member of Joint Venture shall have completed at least one
tunnel project in the last 5 (Five) financial years preceding the Bid Due
Date, consisting of single or twin tubes (including tunnel(s) for
roads/Railway/Metro rail/irrigation/hydro-electric projects etc.) having
at least 50% of the cross- sectional area and 25% length of the tunnel to
be constructed in this project and the cost of such project shall be
At least 25% of the Estimated Project Cost. For this purpose, a project
shall be considered to be completed, if more than 90% of the value of
work has been completed and such completed value of work is equal to
or more than 25%of the Estimated Project Cost.
(iv). The up-dation factor to update the price of the eligible projects for the year
indicated in table below:

Up-dation factor 1.00 1.05 1.10 1.15 1.20
2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth (the “Financial
Capacity”) of Rs.16.51 Crore (Rupees Sixteen Crore Fifty One lakh
only) at the close of the preceding financial year.
(ii) The Bidder shall have a minimum Average Annual Turnover (updated
to the price level of the year based on factors indicated in table below) Rs.
66.02 Crore (Rupees Sixty Six Crore Two lakh only) for the last 5 (five)
financial years.

Up-dation factor 1.00 1.05 1.10 1.15 1.20
2.2.2.4 In case of a Joint Venture:
(i) The Bid Capacity, Technical Capacity and Financial Capacity of all
the Members of Joint Venture would be taken into account for
satisfying the above conditions of eligibility. Further, Lead Member
shall meet at least 60% requirement of Bid Capacity, Technical and
Financial Capacity as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3 and
each of other JV members shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity individually as per Clause
2.2.2.1, 2.2.2.2(i) and 2.2.2.3. For avoidance of doubt it is further clarified
that the Joint Venture must collectively and individually satisfy the above
qualification criteria i.e. JV shall cumulatively/collectively fulfill the 100%
requirement.
(ii) For requirement of 2.2.2.2 (ii), one similar work of 25% of Estimated
Project Cost should have been completed from the Eligible Projects in
Category 1 and/or Category 3 specified in Clause 2.2.2.5 individually
by any of the JV members as a single work.
2.2.2.5 Categories and factors for evaluation of Technical Capacity:
(i) Subject to the provisions of Clause 2.2.2 the following categories of
20
experience would qualify as Technical Capacity and eligible experience (the
"Eligible Experience") in relation to eligible projects as stipulated in
Clauses 2.2.2.6 (i) &
(ii) (the "Eligible Projects"). In case the Bidder has experience across
different categories, the experience for each category would be
computed as per weight of following factors to arrive at its aggregated
Eligible Experience:
Category Project / Construction experience on Eligible Factors

Projects
1 Project in highways sector that 1
qualify under Clause 2.2.2.6 (i)
2 Project in core sector that qualify 0.70
under Clause 2.2.2.6 (i)
3 Construction in highways sector that qualify 1
under Clause
2.2.2.6 (ii)
4 Construction in core sector that 0.70
qualify under Clause 2.2.2.6 (ii)
(ii) The Technical capacity in respect of an Eligible Project situated in a

developed country which is a member of OECD shall be further
multiplied by a factor of 0.5 (zero point five) and the product thereof shall
be the Experience Score for such Eligible Project.
(iii) For the purpose of this RFP:
(a) highways sector would be deemed to include highways,

expressways, bridges, tunnels and airfields; and
(b) core sector would be deemed to include civil construction cost of
ports, power sector, commercial setups (SEZs etc.), airports,
railways, metro rail, industrial parks/ estates, logistic parks,
pipelines, irrigation, water supply, sewerage and real estate
development.
(I) In case of projects executed by applicant under category 3 and 4

as a member of Joint Venture, the project cost should be restricted
to the share of the applicant in the joint venture for determining
eligibility as per provision under clause 2.2.2.2 (ii). In case
Statutory Auditor certiﬁed that, the work of other member(s) is
also executed by the applicant, then the total share executed by
applicant can be considered for determining eligibility as per
provision under clause 2.2.2.2 (ii).
(II) Maintenance works are not considered as eligible project for
evaluation as per Instruction No.6 to Annex-IV. As such works
with nomenclature like PR, OR, FDR,SR, site/micro grading,
surface renewal, resurfacing work, Tarring, B.T. surface work,
temporary restoration, urgent works, periodic maintenance, repair
& rehabilitation, one time maintenance, permanent protection
work of bank, external pre stressing, repair of central hinge, short
term OMT contract of NHAI, any type of work related to border
fencing, work of earthwork alone, construction of buildings/
hostels/hospitals, etc, or not speciﬁed, shall not be considered.
However, such maintenance works shall be considered as eligible
21
projects in case of maintenance works to be taken up on EPC
mode.
(III) The works such as Improvement in Riding Quality work
(IRQP/IRQ), shall be considered for Technical Capacity [2.2.2.2
(i)] but not for single completed works [2.2.2.2 (ii)]. However,
such work shall be considered for single completed work

(2.2.2.2 (ii) in case of maintenance works to be taken in EPC
mode.
(IV) Project in Highway sector shall constitute the following for the
purpose of consideration under category l or 3 as applicable, if:
(i) Widening / reconstruction / up-gradation works on NH / SH

or on any category of road taken up under CRF, ISC/ El,
SARDP, LWE
(ii) Widening/ re-construction/up-gradation works on MDRs
with loan assistance from multilateral agencies or on BOT
basis,
(iii) Widening/ reconstruction / up-gradation work of roads in
Municipal corporation limits, construction of Bypasses,
(iv) Construction of stand- alone bridges, ROBs, tunnels w.r.t
roads.
(v) Long term OMT works of NHAI/MoRT&H.
(V) The projects with the title of RIDF, PMGSY road, link road,
city roads, rural road, sector/ municipality road, Bridges for
railway line, work of metro rails (bridges/ tunnel), real estate
projects which demonstrate road development/construction
bridges or culverts may be considered under category — 4.
(VI) In case both the estimated cost of project and revised cost of
project are provided, the revised cost of project shall be
considered for evaluation.
2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:
(i) For a project to qualify as an Eligible Project under Categories 1 and 2:

(a) It should have been undertaken as a PPP project on BOT, BOLT,
BOO, BOOT or other similar basis for providing its output or
services to a public sector entity or for providing non-
discriminatory access to users in pursuance of its charter,
concession or contract, as the case may be. For the avoidance of
doubt, a project which constitutes a natural monopoly such as an
airport or port should normally be included in this category even if
it is not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company
owning the Eligible Project, a minimum of 26% (twenty six per
cent) equity during the entire year for which Eligible Experience is
being claimed;
(c) the capital cost of the project should be more than 10% of the
amount specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five)
financial years preceding the Bid Due Date, have itself undertaken
22
the construction of the project for an amount equal to at least one
half of the Project Cost of eligible projects, excluding any part of
the project for which any contractor, sub-contractor or other agent

was appointed for the purposes of construction.
(ii) For a project to qualify as an Eligible Project under Categories 3 and 4,

the Bidder should have received payments from its client(s) for
construction works executed, fully or partially, or work executed and
certified by the Engineer-in- charge/Independent Engineer/Authority’s
Engineer during the 5 (five) financial years immediately preceding the
Bid Due Date, and only the amounts (gross) actually received/ work
executed, during such 5 (five) financial years shall qualify for purposes
of computing the Experience Score. However, receipts of or work
executed amount less than Rs. 33.01 Crore (Rupees Thirty Three
Crore One lakh only) shall not be reckoned as receipts for Eligible
Projects. For the avoidance of doubt, construction works shall not
include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract / EPC contract
for the project. Further, the cost of land and also cost towards pre-
construction activities (like shifting of utilities etc.) shall not be
included hereunder.
(iii) The Bidder shall quote experience in respect of a particular Eligible

Project under any one category only, even though the Bidder (either
individually or along with a member of the Joint Venture) may have
played multiple roles in the cited project. Double counting for a
particular Eligible Project shall not be permitted in any form.
(iv) Experience for any activity relating to an Eligible Project shall not be
claimed by two or more Members of the Joint Venture. In other words,
no double counting by a Joint Venture in respect of the same experience
shall be permitted in any manner whatsoever.
2.2.2.7 Submission in support of Technical Capacity

(i) The Bidder should furnish the details of Eligible Experience for the last 5
(five) financial years immediately preceding the Bid Due Date.
(ii) The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.
(iii) The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at
Annex –IV of Appendix-IA.
2.2.2.8 Submission in support of financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual
Reports of the Bidder (of each Member in case of a Joint Venture) for the last 5
(five) financial years, preceding the year in which the bid is submitted.
(ii) In case the annual accounts for the latest financial year are not
audited and therefore the Bidder cannot make it available, the Bidder shall
give an undertaking to this effect and the statutory auditor shall certify the same.
In such a case, the Bidder shall provide the Audited Annual Reports for 5 (five)
23
years preceding the year for which the Audited Annual Report is not being
provided.
(iii) The Bidder must establish the minimum Net Worth specified in Clause
2.2.2.3, and provide details as per format at Annex-III of Appendix-IA.
2.2.2.9 The Bidder shall enclose with its Technical Bid, to be submitted as per the
format at Appendix-IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating
the payments received or in case of a PPP project, the construction carried
out by itself, during the past 5 years, in respect of the Eligible Projects. In
case a particular job/ contract has been jointly executed by the Bidder (as
part of a Joint Venture), it should further support its claim for the payments
received or construction carried out by itself in PPP Projects as applicable
the share in work done for that particular job/ contract by producing a
certificate from its statutory auditor or the client; and
(ii) Certificate(s) from its statutory auditors specifying the net worth of the
Bidder, as at the close of the preceding financial year, and also specifying
that the methodology adopted for calculating such net worth conforms to
the provisions of this Clause 2.2.2.9 (ii). For the purposes of this RFP, net
worth (the “Net Worth”) shall mean the aggregate value of the paid-up
share capital and all reserves created out of the profits and securities
premium account, after deducting the aggregate value of the accumulated
losses, deferred expenditure and miscellaneous expenditure not written off,
as per the audited balance sheet, but does not include reserves created out
of revaluation of assets, write-back of depreciation and amalgamation.
2.2.2.10 Deleted.
2.3 Proprietary data

All documents and other information supplied by the Authority or submitted by a
Bidder to the Authority shall remain or become the property of the Authority and are
transmitted to the Bidders solely for the purpose of preparation and the
submission of a BID in accordance herewith. Bidders are to treat all information as
strictly confidential and shall not use it for any purpose other than for preparation
and submission of their Bid. The provisions of this Clause 2.3 shall also apply
mutatis mutandis to BIDs and all other documents submitted by the Bidders, and
the Authority will not return to the Bidders any BID, document or any information
provided along therewith.
2.4 Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the preparation
of their BIDs and their participation in the Bidding Process. The Authority will
not be responsible or in any way liable for such costs, regardless of the conduct
or outcome of the Bidding Process.
2.5 Site visit and verification of information

2.5.1 Bidders are encouraged to submit their respective BIDs after visiting the
Project site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, availability of power, water & other utilities for
construction, access to site, handling and storage of materials, weather data,
applicable laws and regulations, and any other matter considered relevant by them.
24
Bidders are advised to visit the site and familiarize themselves with the Project
Within the stipulated time of submission of the Bid. No extension of time is likely to
be considered for submission of Bids.
2.5.2 It shall be deemed that by submitting a BID, the Bidder has:

(a) made a complete and careful examination of the Bidding Documents,
Schedules annexed to EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information
provided in the Bidding Documents or furnished by or on behalf of the
Authority relating to any of the matters referred to in Clause 2.5.1 above. No
claim shall be admissible at any stage on this account.
(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.5.1 hereinabove necessary and required for
submitting an informed BID, execution of the Project in accordance with the
Bidding Documents and performance of all of its obligations thereunder;
(e) acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the Bidding Documents or
ignorance of any of the matters referred to in Clause 2.5.1 hereinabove shall
not be a basis for any claim for compensation, damages, extension of time for
performance of its obligations, loss of profits etc. from the Authority, or a
ground for termination of the Agreement by the Contractor;
(f) acknowledged that it does not have a Conflict of Interest;and
(g) agreed to be bound by the undertakings provided by it under and in terms hereof.
2.5.3 The Authority 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 RFP, including any error or mistake therein or in any information or
data given by the Authority.
2.6 Verification and Disqualification

2.6.1 The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP and the Bidder
shall, when so required by the Authority, make available all such information,
evidence and documents as may be necessary for such verification. Any such
verification or lack of such verification, by the Authority shall not relieve the
Bidder of its obligations or liabilities hereunder nor will it affect any rights of
the Authority there under.
2.6.2 The Authority reserves the right to reject any BID and appropriate the BID Security
if:
(a) at any time, a material misrepresentation is made or uncovered,or

(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the BID.
Such misrepresentation/ improper response shall lead to the disqualification of the

Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture and each
Member of the Joint Venture may be disqualified/ rejected. If such
disqualification/rejection occurs after the BIDs have been opened and the lowest
Bidder gets disqualified / rejected, then the Authority reserves the right to annul the
Bidding Process and invites fresh BIDs.
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2.6.3 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of defect liability
subsistence thereof, that one or more of the eligibility and /or qualification
requirements have not been met by the Bidder, or the Bidder has made material
misrepresentation or has given any materially incorrect or false information, the
Bidder shall be disqualified forthwith if not yet appointed as the contractor either by
issue of the LOA or entering into of the Agreement, and if the Selected
Bidder has already been issued the LOA or has entered into the Agreement, as the
case may be, the same shall, notwithstanding anything to the contrary contained
therein or in this RFP, be liable to be terminated, by a communication in writing
by the Authority to the Selected Bidder or the Contractor, as the case may be,
without the Authority being liable in any manner whatsoever to the Selected
Bidder or the Contractor. In such an event, the Authority shall be entitled to forfeit
and appropriate the BID Security or Performance Security, as the case may be,
as Damages, without prejudice to any other right or remedy that may be
available to the Authority under the Bidding Documents and / or the Agreement,
or otherwise.
2.6.4. A Bidder shall be liable for disqualification and forfeiture of BID Security, if any
legal, financial or technical adviser of the Authority in relation to the Project is
engaged by the Bidder, its Member or any Associate thereof, as the case may be,
in any manner for matters related to or incidental to such Project during the
Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the
Agreement. In the event any such adviser is engaged by the selected Bidder or
Contractor, as the case may be, after issue of the LOA or execution of the
Agreement for matters related or incidental to the project, then notwithstanding
anything to the contrary contained herein or in the LOA or the Agreement and
without Prejudice to any other right or remedy or the Authority, including the
forfeiture and appropriation of the BID Security or Performance Security, as the
case may be, which the Authority may have there under or otherwise, the LOA or
the Agreement, as the case may be, shall be liable to be terminated without the
Authority being liable in any manner whatsoever to the Selected Bidder or
Contractor for the same. For the avoidance or doubt, this disqualification shall not
apply where such adviser was engaged by the Bidder, its Member or Associate in
the past but its assignment expired or was terminated 6 (six) months prior to the
date of issue of this RFP. Nor will this disqualification apply where such adviser is
engaged after a period of 3 (three) years from the date of commercial operation of
the Project.
B. DOCUMENTS
2.7 Contents of the RFP
2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.
Part –I
Invitation for BIDs
Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of BIDs
26
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference
Section 6. Miscellaneous
Appendices
IA. Letter comprising the Technical BID including Annexure I toVII
IB. Letter comprising the Financial BID
II. Bank Guarantee for BID Security
III. Power of Attorney forsigning of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA
Part –II
Agreement Document with schedules
Part – III
[Feasibility Report / Detailed Project Report provided by the authority]
2.7.2 The draft Agreement and the Feasibility / Detailed Project Report provided by the
Authority as part of the BID Documents shall be deemed to be part of this RFP.
2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in
writing by e-mail in accordance with Clause 1.2.9. They should send in
their queries on or before the date mentioned in the Schedule of Bidding Process
specified in Clause 1.3. The Authority shall endeavor to respond to the queries
within the period specified therein, but no later than 15 (fifteen) days prior to the
BID Due Date. The responses will be sent by fax or e-mail. The Authority will
forward all the queries and its responses thereto, to all Bidders without identifying
the source of queries.
2.8.2 The Authority shall endeavor to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to
any question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the Authority to
respond to any question or to provide any clarification.
2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications &
interpretations issued by the Authority shall be deemed to be part of the Bidding
Documents. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on the
Authority.
2.9 Amendment of RFP
2.9.1 At any time prior to the BID Due Date, the Authority may, for any reason, whether
at its own initiative or in response to clarifications requested by a Bidder, modify
the RFP by the issuance of Addenda.
2.9.2 Any Addendum issued hereunder will be hosted on the GoI e-Tendering Portal
27
(https://eprocure.gov.in/cppp and BIMS Portal (http://bims.gov.in)).
2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend the
BID Due Date.
C. PREPARATION AND SUBMISSION OF BIDS
2.10 Format and Signing of BID
2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority
will evaluate only those BIDs that are received online in the required formats and
complete in all respects and Bid Security, Copy of online receipt/ original Demand
Draft towards payment of cost of Bid document, POA and Joint Bidding Agreement
etc. are received in hard copies.
2.10.2 The BID shall be typed and signed in indelible blue ink by the authorized
signatory of the Bidder. All the alterations, omissions, additions or any other
amendments made to the BID shall be initialed by theperson(s) signing the BID.
2.11 Documents comprising Technical and Financial BID
2.11.1 The Bidder shall first upload all the project details, net worth details, turnover
details, bridge and tunnel details and all other details required in this RFP for
technical qualification. The Bidder shall ensure that all the details are updated as
on the due date of submission of this bid.
The Bidder shall then apply for the RFP on the CPPP website https://
eprocure.gov.in/eprocure/app and BIMS Portal (http://bims.gov.in) by submitting
the documents mentioned below along with the supporting documents which shall
comprise of the Technical BID on the CPPP portal:
Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-
VI and supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per
the format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format
at Appendix-V;
(e) Deleted
(f) BID Securing Declaration in the format at Appendix-II to be submitted;
(g) Copy of Online receipt/ original Demand Draft towards payment of cost of
Bid document of Rs. 40,000/- (Rupees Forty Thousand) in favour of
“Chief Engineer Project Sampark” payable at Jammu.
(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH-37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its
subsequent amendments if any, issued by MoRT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP) duly signed by
Authorised signatory shall be submitted by the Bidder with the RFP
Bid & shall be part of the Contract Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b)
above that they agree and abide by the Bid documents uploaded and
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amendments uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project
works (Ref Clause 10.3 (iv) of Document for EPC Agreement).
(l) copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture) for preceding 5 years.
Financial Bid
(n) Appendix-IB (Letter comprising the Financial Bid) shall be submitted

online through e-procurement portal on or before 1100 IST on 08 Apr
2020.
2.11.2 The Bidder shall submit the following documents physically:
(a) Original Power of Attorney for signing the BID as per format at Appendix-III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint
Venture as per the format at Appendix-IV;
(c) if applicable, Original Joint Bidding Agreement for Joint Venture as per
the format at Appendix-V;
(d) BID Securing Declaration in the format at Appendix-II to be submitted;
(e) Copy of online receipt/ original Demand Draft towards payment of cost of
Bid document of Rs. 40,000/- (Rupees Forty Thousand) in favor of
“Chief Engineer Project Sampark” payable at Jammu.
(f) Deleted;
(g) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH- 37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its
subsequent amendments if any issued by MoRT&H (Appendix-VI)
regarding Integrity Pact (IP) and the Integrity Pact (IP)duly signed by
Authorised signatory shall be submitted by the Bidder with the RFP Bid &
shall be part of the Contract Agreement; and
(h) An undertaking from the person having PoA referred to in Sub. Clause-(a)
above that they agree and abide by the Bid documents uploaded by
MoRT&H/NHAI and amendments uploaded, if any
2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “Design and
Construction/Improvement of Road Rajouri-Thanamandi-Surankot on EPC mode
from Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km 59+420) [Design
Length – 55.520 km] from Existing IW/ CL-9 Specifications to NHDL
Specifications under 31 BRTF Area Under Project Sampark in Jammu &Kashmir
(UT)” and shall clearly indicate the name and address of the Bidder. In addition, the
BID Due Date should be indicated on the right hand top corner of the envelope.
2.11.4 The envelope shall be addressed to the following officer and shall be submitted
at the respective address:
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ATTN OF: Shri RK Garg
Designation: Director (EPC)
Add: HQ DGBR, Seema Sadak Bhawan,
Ring Road, Delhi Cantt, New Delhi-110010
Ph. 011-25686846
Email: [email protected]
2.11.5 If the envelope is not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the BID submitted and consequent losses, if any, suffered by the
Bidder.
2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained and
shall be summarily rejected.
2.12 BID Due Date

(a) Financial BID comprising of the documents listed at clause 2.11.1 of
the RFP shall be submitted online through e-procurement CPPP
website https:// eprocure.gov.in/eprocure/app on or before 1100 hrs
IST on 08 Apr 2020 on Documents listed at clause 2.11.2 of the RFP
shall be physically submitted on or before 1100 hrs IST on 08 Apr
2020 at the address provided in Clause 2.11.4 in the manner and form as
detailed in this RFP. A receipt thereof should be obtained from the person
specified at Clause 2.11.4.
2.13 Late BIDs
E-procurement portal CPPP website https:// eprocure.gov.in/eprocure/app and

BIMS Portal (http://bims.gov.in) shall not allow submission of any Bid after the
prescribed date and time at clause 2.12. Physical receipt of documents listed at
clause 2.11.2 of the RFP after the prescribed date and time at clause 2.12 shall
not be considered and the bid shall be summarily rejected.
2.14 Procedure for e-tendering
2.14.1 Accessing/ Purchasing of BID documents
2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name of Authorized Signatory / Firm or Organization / Owner of
the Firm or Organization) from any of the licensed Certifying Agency (Bidders
can see the list of licensed CAs from the link www.cca.gov.in) to participate in
e-tendering of MoRT&H/ NHAI/NHIDCL/BRO/State PWD.
DSC should be in the name of the authorized signatory as authorized in

Appendix III of this RFP or person executing/delegating such Appendix III in
favor of Authorized Signatory. It should be in corporate capacity (that is in
Bidder capacity / in case of JV in the Lead Member capacity, as applicable). The
Bidder shall submit document in support of the class III DSC. In other cases, the
bid shall be considered Non- responsive.
2.14.1.2 To participate in the bidding, it is mandatory for the Bidders to get registered theirfirm
/ Joint Venture with e-procurement portal https:// eprocure.gov.in/eprocure/app
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and BIMS Portal (http://bims.gov.in) to have user ID & password which has to
be obtained free of cost. Following may kindly be noted:
(a) Registration with e-procurement portal should be valid at least up to the

date of submission of BID.
(b) BIDs can be submitted only during the validity of registration.
It is also mandatory for the Bidders to get their firms registered with e-
tendering portal. The Bidders shall update their project and other details on the
portal on a regular basis and apply to the tenders via the portal.
2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service
provider, and validity of registration is not expired, then the firm / Joint Venture
is not required a fresh registration.
2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from
e- procurement portal https:// eprocure.gov.in/eprocure/app and BIMS Portal
(http://bims.gov.in) & also from bro.gov.in from 21 Feb 2020 to 08 Apr 2020
(upto 1100 hrs IST)
2.14.1.5 Deleted
2.14.2 Preparation & Submission of BIDs:
2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on
the screen. The detailed guidelines for e-procurement are also available on e-
procurement portal.
2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in
different files (in PDF or RAR format such that file size is not more than 30
MB) and uploaded during the on-line submission of BID.
2.14.2.3 Bid must be submitted online only through e-procurement portal https://
eprocure.gov.in/eprocure/app and BIMS Portal (http://bims.gov.in)using
the digital signature of authorised representative of the Bidder on or
before 08 Apr 2020 (upto 1100 hours IST).
2.14.3 Modifications/ Substitution/ withdrawal of BIDs
2.14.3.1 The Bidder may modify, substitute or withdraw its e- BID after submission
prior to the BID Due Date. No BID can be modified, substituted or withdrawn
by the Bidder on or after the BID Due Date & Time.
2.14.3.2 For modification of e-BID, Bidder has to detach its old BID from e-
procurement portal and upload / resubmit digitally signed modified BID. For
withdrawal of BID, Bidder has to click on withdrawal icon at e-procurement
portal and can withdraw its e-BID. Before withdrawal of a BID, it may
specifically be noted that after withdrawal of a BID for any reason, Bidder
cannot re-submit e-BID again.
2.15 Online Opening of BIDs.
31
2.15.1 Opening of BIDs will be done through online process.
2.15.2 The BRO shall on-line open Technical BIDs on 09 Apr 2020 after 1100 hours IST,
in the presence of the authorized representatives of the Bidders, who choose to attend.
Technical BID of only those Bidders shall be online opened whose documents listed at
clause 2.11.2 of the RFP have been physically received The BRO will subsequently
examine and evaluate the BIDs in accordance with the provisions of Section 3 of RFP.
2.16 Rejection of BIDs
2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the
right to reject any BID and to annul the Bidding Process and reject all BIDs at any
time without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that the
Authority rejects or annuls all the BIDs, it may, in its discretion, invite all eligible
Bidders to submit fresh BIDs hereunder.
2.16.2 The Authority reserves the right not to proceed with the Bidding Process at any
time, without notice or liability, and to reject any BID without assigning any
reasons.
2.17 Validity of BIDs
The BIDs shall be valid for a period of not less than 120 (one hundred and twenty)
days from the BID Due Date. The validity of BIDs may be extended by mutual
consent of the respective Bidders and the Authority.
2.18 Confidentiality
Information relating to the examination, clarification, evaluation and

recommendation for the Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor
advising the Authority in relation to, or matters arising out of, or concerning the
Bidding Process. The Authority will treat all information, submitted as part of the
BID, in confidence and will require all those who have access to such material to
treat the same in confidence. The Authority may not divulge any such information
unless it is directed to do so by any statutory entity that has the power under law to
require its disclosure or is to enforce or assert any right or privilege of the
statutory entity and/ or the Authority or as may be required by law or in
connection with any legalprocess.
2.19 Correspondence with the Bidder
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any BID.
However, the Authority would display the result of technical evaluation on the
web portal for 7 days including reasons for non- responsiveness, if any, and the
financial bid will be opened thereafter.
D. BID SECURITY
2.20 BID Security
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2.20.1 The Bidder has to sign a Bid securing declaration accepting that if the bidder withdraw
or modify its bid during the period of validity i.e. not less than 180 (one hundred eighty)
days from the bid due date or if the bidder is awarded the contract and fail to sign the
contract or to submit a performance security before the deadline defined in the request
for bid documents, the bidder will be suspended for participation in the tendering
process for the works of MoRTH/NHAI/NHIDCL/BRO and works under other
Centrally Sponsored Schemes, for a period of one year from the bid due date of this
work. The bid securing declaration shall be submitted as per the format at Appendix-II
(Format for Bid Securing Declaration).
2.20.2 Any BID not accompanied by the BID Securing Declaration shall be summarily
rejected by the Authority as non-responsive.
2.20.3 Deleted.
2.20.4 Deleted.
2.20.5 Deleted
2.21 Performance Security
2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder
shall furnish to the Authority an irrevocable and unconditional guarantee from a
Bank in the form set forth in Appendix-VII (the “Performance Security”) for an
amount equal to 5% (five percent) of its Bid Price. In case of bids mentioned
below, the Selected Bidder, along with the Performance Security, shall also
furnish to the Authority an irrevocable and unconditional guarantee from a Bank
in the same form given at Appendix-VII towards an Additional Performance
Security (the “Additional Performance Security”) for an amount calculated as
under:
(i) If the Bid Price offered by the Selected Bidder is lower than 10% but upto
20% of the estimated Project Cost, then the Additional Performance
Security shall be calculated @20% of the difference in the (i) Estimated
Project Cost (as mentioned in RFP)-10% of the Estimated Project Cost and
(ii) the Bid Price offered by the selected Bidder.
(ii) If the Bid Price offered by the Selected Bidder is lower than 20% of the
Estimated Project Cost, then the Additional Performance Security shall be
calculated @ 30% of the difference in the (i) Estimated Project Cost (as
mentioned in RFP)-10% of the Estimated Project Cost and (ii) the Bid Price
offered by the Selected Bidder.
(iii)This Additional Performance Security shall be treated as part of the

Performance Security.
2.21.2 The Performance Security shall be valid until 60 (sixty) days after the Defects
Liability Period. The Additional Performance Security shall be valid until 28
(twenty eight) days after Project Completion Date.
2.21.3 The Selected Bidder has the option to provide 50% of the Performance Security
and 50% of the Additional Performance Security, if any, within 30 (thirty) days
of receipt of Letter of Acceptance, in any case before signing of the Contract
33
Agreement and the remaining Performance Security and Additional
Performance Security, if any, shall be submitted within 30 days of signing of
the agreement.
2.21.4 In the event the Selected Bidder fails to provide the remaining Performance
Security and Additional Performance Security, if any, as prescribed herein, it
may seek extension of time for a further period upto 60 days by paying the
Damages upfront along with the request letter seeking the extension. The
Damages shall be the sum calculated at the rate of 0.01% (zero point zero one
per cent) of the Bid Price offered by the Selected Bidder for each day until the
Performance Security and Additional Performance Security, if any, is provided
in full as prescribed herein. The damages at full rate as given above shall be
applicable even if a part of the Performance Security and the Additional
Performance Security is provided.
2.21.5 For avoidance of any doubt, in case of failure of submission of Performance

Security and Additional Performance Security, if any, within the additional 60
days’ time period, the award shall be deemed to be cancelled/ withdrawn and
the Bid Security shall be encashed and the proceeds thereof appropriated by the
Authority. Thereupon all rights, privileges, claims and entitlements of the
Contractor under or arising out of the Award shall be deemed to have been
waived by, and to have ceased with the concurrence of the Contractor, and the
Award shall be deemed to have been withdrawn by the Authority
2.22 The agreement will be executed within 10 days of receipt of 50% Performance
Security and 50% of Additional Performance Security, if any, as per sub-clause
2.21 above.
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SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF
FINANCIAL BIDS
3.1 Evaluation of Technical Bids
3.1.1 The Authority shall open the BIDs received physically & online after 1100 hours
IST On 09 Apr 2020, at the place specified in Clause 2.11.4 (i); and in the presence
of the Bidders who choose to attend. Technical BID of only those Bidders shall be
online opened whose documents listed at clause 2.11.2 of the RFP have been
received physically The Authority shall prepare minutes of the BID opening,
including information disclosed to those present at the time of BID opening.
3.1.2 Technical Bids of those Bidders who have not submitted their Bid online, shall not
be considered for opening and evaluation.
3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in

formats other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant information for consideration of eligibility and qualification of
theBidder.
3.1.4 To facilitate evaluation of Technical BIDs, the Authority may, at its sole
discretion, seek clarifications in writing from any Bidder regarding its Technical
BID. Such clarification(s) shall be provided within the time specified by the Authority
for this purpose. Any request for clarification(s) and all clarification(s) in response
thereto shall be in writing. The bids will be examined and evaluated in accordance
with the provisions set out in this Section 3. The Authority will subsequently flag
issues, if any with the data updated by the Bidders.
3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above within
the prescribed time, its Bid may be liable to be rejected. In case the Bid is not
rejected, the Authority may proceed to evaluate the Bid by construing the
particulars requiring clarification to the best of its understanding, and the Bidder
shall be barred from subsequently questioning such interpretation of the Authority.
3.1.6 Tests of responsiveness
3.1.6.1As a first step towards evaluation of Technical BIDs, the Authority shall
determine whether each Technical BID is responsive to the requirements of this
RFP. A Technical BID shall be considered responsive only if:
(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI(Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically on CPPP as mentioned;
(c) Technical Bid is accompanied by the BID Security as specified in Clause 1.2.4
and 2.20;
(d) The Power of Attorney is uploaded on e-procurement portal as specified in
Clauses 2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of
Joint Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if
so required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification;and
35
(h) Copy of online receipt/ original Demand Draft towards payment of cost
of Bid document of Rs 40,000 (Rupees Forty Thousand only) in favor of
“Chief Engineer Project Sampark” payable at Jammu is received;
3.1.6.2The Authority reserves the right to reject any Technical BID which is non-
responsive and no request for alteration, modification, substitution or withdrawal
shall be entertained by the Authority in respect of suchBID.
3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such claim is
determined by the Authority as incorrect or erroneous, the Authority may reject /
correct such claim for the purpose of qualification requirements.
3.1.8 The Authority will get the BID security verified from the issuing authority and after
due verification, the Authority will evaluate the Technical BIDs for their compliance
to the eligibility and qualification requirements pursuant to clause 2.2.1 & 2.2.2 of
this RFP.
3.1.9 After evaluation of Technical Bids, the Authority will publish a list of Technically
Responsive Bidders whose financial bids shall be opened. The Authority shall notify
other Bidders that they have not been technically responsive. The Authority will not
entertain any query or clarification from Applicants who fail toqualify.
3.2 Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of online opening of the Financial
Bids to the technically responsive Bidders through e-procurement portal and e-
mail. The Authority shall open the online Financial Bids of the technically
responsive Bidders only on scheduled date and time in the presence of the
authorised representatives of the Bidders who may choose to attend. The
Authority shall publicly announce the Bid Prices quoted by the technically
responsive Bidder. Thereafter, the Authority shall prepare a record of opening of
Financial Bids.
3.3 Selection of Bidder
3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6 and who quotes lowest price shall be declared
as the selected Bidder (the “Selected Bidder”).
3.3.2 In the event that two or more Bidders quote the same BID Price (the "Tie BIDs"),
the Authority shall identify the Selected Bidder by draw of lots, which shall be
conducted, with prior notice, in the presence of the Tie Bidders who choose to
attend.
3.3.3 In the event that the Lowest Bidder is not selected for any reason except the
reason mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the Bidding
Process and invite fresh BIDs. In the event that the Authority rejects or annuls all
the BIDs, it may, in its discretion, invite all eligible Bidders to submit fresh BIDs
hereunder.
3.3.4 After selection, a Letter of Acceptance (the “LOA”) shall be issued in the format
set forth in Appendix-VIII, in duplicate, by the Authority to the Selected Bidder
and the Selected Bidder shall, within 7(seven) days of the receipt of the LOA, sign
and return the duplicate copy of the LOA in acknowledgement
36
thereof. In the event the duplicate copy of the LOA duly signed by the Selected
Bidder is not received by the stipulated date, the Authority may, unless it
consents to extension of time for submission. Thereof, appropriate the BID Security
of such Bidder as Damages on account of failure of the Selected Bidder to acknowledge
the LOA.
3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall
cause the Bidder to submit Performance Security and Additional Performance
Security (if any) within the period prescribed/extended by Authority and then
execute the Agreement within the period prescribed in Clause 1.3. The Selected
Bidder shall not be entitled to seek any deviation, modification or amendment in
the Agreement.
3.3.6 Authority shall return Bid Security of all bidders except L-1 and L -2 within 7
working days from opening of financial Bid subject to provision of Clause 2.1.12
(4). The bid security of L-2 bidder shall be returned within 7 working days of
issue of LOA. The Authority shall be responsible to return the Bid Security, as
above, and the bidders shall not be required to ask for the same.
3.4 Contacts during BID Evaluation
BIDs shall be deemed to be under consideration immediately after they are opened
and until such time the Authority makes official intimation of award/ rejection to the
Bidders. While the BIDs are under consideration, Bidders and/ or their
representatives or other interested parties are advised to refrain, save and except as
required under the Bidding Documents, from contacting by any means, the
Authority and/ or their employees/ representatives on matters related to the BIDs
under consideration.
3.5 Correspondence with Bidder
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any
Bid.
3.6 Any information contained in the Bid shall not in any way be construed as binding
on the Authority, its agents, successors or assigns, but shall be binding against the
Bidder if the Project is subsequently awarded to it on the basis of such information.
37
SECTION-4
FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent
to the issue of the LOA and during the subsistence of the Agreement.
Notwithstanding anything to the contrary contained herein, or in the LOA or the
Agreement, the Authority may reject a BID, withdraw the LOA, or terminate the
Agreement, as the case may be, without being liable in any manner whatsoever to
the Bidder, if it determines that the Bidder, directly or indirectly or through an
agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process. In such an event,
the Authority shall be entitled to forfeit and appropriate the BID Security or
Performance Security, as the case may be, as Damages, without prejudice to any
other right or remedy that may be available to the Authority under the Bidding
Documents and/ or the Agreement, or otherwise.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and
the rights and remedies which the Authority may have under the LOA or the
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found
by the Authority to have directly or indirectly or through an agent, engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice during the Bidding Process, or after the
issue of the LOA or the execution of the Agreement, such Bidder shall not be
eligible to participate in any tender or RFP issued by the Authority during a period
of 2 (two) years from the date such Bidder, or Contractor, as the case may be, is
found by the Authority to have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practices, as the case may be.
4.3 For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “corrupt practice” means the offering, giving, receiving or soliciting of anything of
value, pressurizing to influence the action of a public official in the process of
tendering and execution of the project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or

suppression of facts or disclosure of incomplete facts, in order to influence the
Bidding Process;
(c) “coercive practice” means impairing or harming, or threatening to impair or harm,

directly or indirectly, any person or property to influence any person’s
participation or action in the Bidding Process;
(d) “undesirable practice” means (i) establishing contact with any person connected
with or employed or engaged by the Authority with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding
Process; or (ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating
a full and fair competition in the Bidding Process.
38
SECTION-5
PRE-BID CONFERENCE
5.1 Pre-BID conference of the Bidders shall be convened at the designated date,
time and place. A maximum of two representatives of prospective Bidders
shall be allowed to participate on production of authority letter from the Bidder.
5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavor to provide clarifications and such further information
as it may, in its sole discretion, consider appropriate for facilitating a fair,
transparent and competitive Bidding Process.
39
SECTION-6
MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with,
the laws of India and the Courts at [Jammu] shall have exclusive jurisdiction
over all disputes arising under, pursuant to and/ or in connection with the
Bidding Process.
6.2 The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms
and conditions relating thereto;
(b) consult with any Bidder in order to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to the Authority by,
on behalf of, and/ or in relation to any Bidder; and/ or
(d) Independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or
on behalf of any Bidder.
6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases
the Authority, its employees, agents and advisers, irrevocably, unconditionally,
fully and finally from any and all liability for claims, losses, damages, costs,
expenses or liabilities in any way related to or arising from the exercise of any
rights and/ or performance of any obligations hereunder, pursuant hereto and/
or in connection with the Bidding Process and waives, to the fullest extent
permitted by applicable laws, any and all rights and/ or claims it may have in
this respect, whether actual or contingent, whether present or in future.
40
APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)
Chief Engineer Project Sampark,

Kunjwani, Near Peer Baba, PO – Gangyal,
Distt - Jammu, Jammu & Kashmir- 180010
Ph No. 0191-2484882
Email – [email protected]
Sub: “ Design and Construction/Improvement of Road Rajouri-Thanamandi-Surankot on

EPC mode from Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km 59+420)
[Design Length – 55.520 km] from Existing IW/ CL-9 Specifications to NHDL
Specifications under 31 BRTF Area Under Project Sampark in Jammu &Kashmir (UT)”.
Dear Sir,
With reference to your RFP document dated ……..I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our BID for the aforesaid
Project. The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information

provided in the BID and the documents accompanying the BID for selection of
the Contractor for the aforesaid Project, and we certify that all information
provided in the Bid and its the Annexure I to VI along with the supporting
documents are true and correct; nothing has been omitted which renders such
information misleading; and all documents accompanying the BID are true copies
of their respective originals.
3. This statement is made for the express purpose of our selection as EPC
Contractor for the development, construction, rehabilitation and augmentation of
the aforesaid Project and maintenance of the Project during the Defect Liability
Period.
4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the BID.
5. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
6. I/ We certify that in the last two years, we/ any of the JV partners have neither
failed to perform for the works of Expressways, National Highways, ISC & EI
works,, as evidenced by imposition of a penalty by an arbitral or judicial
authority or a judicial pronouncement or arbitration award against us, nor been
expelled or terminated by Ministry of Road Transport & Highways or its
implementing agencies for breach on our part.
7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents,
including any Addendum issued by the Authority;and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1
41
(c) and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as defined in Clause 4.3 of the
RFP document, in
respect of any tender or request for proposal issued by or any Agreement
entered into with the Authority or any other public sector enterprise or any
government, Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or
on our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the
RFP for the Project and information mentioned for the evaluation of the BID
Capacity in Annexure VI were true and correct as on the date of making the
Application and are also true and correct as on the BID Due Date and I/we
shall continue to abide by them.
8. I/ We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any BID that you may receive nor to invite the
Bidders to BID for the Project, without incurring any liability to the Bidders, in
accordance with Clause 2.16.2 of the RFP document.
9. I/We believe that we/our Joint Venture satisfy(s) the Threshold Technical
Capacity, Net Worth criteria and meet(s) the requirements as specified in the
RFP document.
10. I/ We declare that we/ any Member of the Joint Venture or our/Joint Venture
member are not a Member of any other Joint Venture submitting a BID for the
Project.
11. I/ We certify that in regard to matters other than security and integrity of the
country, we/ any Member of the Joint Venture or any of our/their Joint venture
member have not been convicted by a Court of Law or indicted or adverse orders
passed by a regulatory authority which could cast a doubt on our ability to
undertake the Project or which relates to a grave offence that outrages the moral
sense of the community.
12. I/ We further certify that in regard to matters relating to security and integrity of
the country, we/ any Member of the Joint Venture or any of our/their Joint venture
member have not been charge-sheeted by any agency of the Government or
convicted by a Court of Law.
13. I/ We further certify that no investigation by a regulatory authority is pending

either against us/any member of Joint Venture or against our CEO or any of
our directors/ managers/ employees.
14. I/ We further certify that we are not disqualified in terms of the additional criteria
specified by the Department of Disinvestment in their OM No. 6/4/2001-DD-II
dated 13.7.01, a copy of which forms part of the RFP at Annexure VII of
Appendix-IA thereof.
15. I/ We undertake that in case due to any change in facts or circumstances during
42
the Bidding Process, we are attracted by the provisions of disqualification in
terms of the guidelines referred to above, we shall intimate the Authority of the
same immediately.
16. I/We further acknowledge and agree that in the event such change in control
occurs after signing of the Agreement upto its validity. It would, notwithstanding
anything to the contrary contained in the Agreement, be deemed a breach thereof,
and the Agreement shall be liable to be terminated without the Authority being
liable to us in any manner whatsoever.
17. I/ We hereby irrevocably waive any right or remedy which we may have at any
stage at law or howsoever otherwise arising to challenge or question any decision
taken by the Authority in connection with the selection of the Bidder, or in
connection with the Bidding Process itself, in respect of the above mentioned
Project and the terms and implementation thereof.
18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter
into a Agreement in accordance with the draft that has been provided to me/us
prior to the BID Due Date. We agree not to seek any changes in the aforesaid
draft and agree to abide by the same.
19. I/ We have studied all the Bidding Documents carefully and also surveyed the
[project highway and the traffic]. We understand that except to the extent as
expressly set for thin the Agreement, we shall have no claim, right or title arising
out of any documents or information provided to us by the Authority or in
respect of any matter arising out of or relating to the Bidding Process
including the award of Agreement.
20. I/ We offer a BID Securing Declaration to the Authority in accordance with the
RFP Document.
21. The BID Security in the form of a Bank Guarantee is attached.
22. The documents accompanying the Technical BID, as specified in Clause 2.11.1 of
the RFP, have been submitted in separate files.
23. I/ We agree and understand that the BID is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if
the Project / Contract is not awarded to me/us or our BID is not opened or
rejected.
24. The BID Price has been quoted by me/us after taking into
consideration all the terms and conditions stated in the RFP, draft Agreement,
our own estimates of costs and after a careful assessment of the site and all the
conditions that may affect the project cost and implementation of the project.
25. I/ We agree and undertake to abide by all the terms and conditions of the RFP
document.
26. We, the Joint Venture agree and undertake to be jointly and severally liable for.
all the obligations of the EPC Contractor under the Contract Agreement.
27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the
43
BID Due Date specified in theRFP.
28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid
for undertaking the aforesaid Project in accordance with the Bidding Documents
and the Agreement.
In witness thereof, I/we submit this BID under and in accordance with the terms of
the RFP document.
Yours faithfully,
Date: (Signature, name and designation

Place: of the Authorised signatory)
Name & seal of Bidder/Lead Member
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to it,
and ‘Deleted’ may be indicated there
44
APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Ph No. 0191-2484882
Email – [email protected]
Sub: BID for Design and Construction/Improvement of Road Rajouri-Thanamandi-
Surankot on EPC mode from Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km
59+420) [Design Length – 55.520 km] from Existing IW/ CL-9 Specifications to NHDL
Specifications under 31 BRTF Area Under Project Sampark in Jammu &Kashmir (UT).
Dear Sir,
With reference to your RFP document dated *** **, I/we, having examined
the Bidding Documents and understood their contents, hereby submit my/our BID for
the aforesaid Project. The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information

provided in the BID and the documents accompanying the BID for selection of
the Contractor for the aforesaid Project, and we certify that all information
provided in the Bid are true and correct; nothing has been omitted which renders
such information misleading; and all documents accompanying the BID are true
copies of their respective originals.
3. The BID Price has been quoted by me/us after taking into
consideration all the terms and conditions stated in the RFP, draft Agreement,
our own estimates of costs and after a careful assessment of the site and all the
conditions that may affect the project cost and implementation of the project.
4. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter
into a Agreement in accordance with the draft that has been provided to me/us
prior to the BID Due Date. We agree not to seek any changes in the aforesaid
draft and agree to abide by the same.
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the
BID Due Date specified in theRFP.
45
7. I/ We hereby submit our BID for undertaking the aforesaid Project in accordance with
the Bidding Documents and the Agreement.
Yours faithfully,
Date: (Signature, name and designation of

the authorised Signatory)
Place:
Name & seal of Bidder/Lead Member:..........

Class III DSC ID of Authorised Signatory:.............
46
Appendix IA
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in
India
(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Bidder including details of its main lines
of business and proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication

for the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorised Signatory of the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number
5. In case of a Joint Venture:

(a) The information above (1-4) should be provided for all the Members of the
Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f)
should be attached to the Application.
(c) Information regarding the role of each Member should be provided as per
table below:
Sl. Name of Member Role* Share of work in the
{Refer Clause Project{Refer Clauses
2.1.11(d)} $ 2.1.11(a), (f) & (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant, should be indicated
in accordance with instruction 4 at Annex-IV.
$ All provisions contained in curly parenthesis shall be suitably modified by the Applicant to reflect the
particulars relating to such Applicant
(d) The following information shall also be provided w.r.t para 2.1.14 for each
47
Member of the Joint Venture:
Name of Applicant/ member of Joint Venture:

Sl. Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been barred by the
Ministry of Road Transport & Highways or its implementing agencies
for the works of Expressways, National Highways, ISC and El works,
from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID due date.
6(a) I/ We certify that in the last two years, we/ any of the JV partners have neither
failed to perform for the works of Expressways, National Highways, ISC & EI works,
as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitral award against us, nor been expelled or terminated by
Ministry of Road Transport & Highways or its implementing agencies for breach on
our part.
(b) I/ We certify that we/ any of the JV partners do not fall in any of the categories of
being a Non-Performing entity given at Clause 2.1.14 of Instructions to Bidders in the
projects of Expressways, National Highways, ISC and EI works of Ministry of Road
Transport & Highways or its implementing agencies and furnished the complete
details.
7(a) I/ We further certify that no investigation by a regulatory authority is pending

either against us/any member of Joint Venture or our sister concern or against our
CEO or any of our directors/managers/employees.
(b) I/ We further certify that no investigation by any investigating agency in India

or outside is pending either against us/ any member of Joint Venture or our sister
concern or against our CEO or any of our directors/managers/employees.
A statement by the Bidder and each of the Members of its Joint Venture (where
applicable) disclosing material non-performance or contractual non-compliance in
current projects, as on bid due date is given below (attach extra sheets, if necessary)
w.r.t. para 2.1.14.
48
Name of the Bidder /Member of JV:
Sr. Categories of Non-Performer Project 1 Project 2

No.
(i) Fails to complete or has missed more than two milestones
in already awarded two or more projects, even after lapse
of 6 months from the scheduled completion date, unless
Extension of Time has been allowed on the
recommendations of the Independent Engineer due to
Authority's default;
(ii) Fails to complete a project, as per revised schedule, for

which One Time Fund Infusion (OTFI) has been
sanctioned by the Authority;
(iii) Physical progress on any project is not commensurate with

the funds released (equity+ debt+grant) from the escrow
account and such variation is more than 25% in last one
year as observed by the Independent Engineer in one or
more projects;
(iv) Punch List Items in respect of any project are pending due
to Bidder's default in two or more Projects even after lapse
of the prescribed time for completion of such items;
(v) Fails to fulfill its obligations to maintain a highway in a

satisfactory condition inspite of two rectification notices
issued in this behalf;
(vi) Fails to attend to Non Conformity Reports (NCRs) issued

by the Independent/ Authority’s Engineer on the designs/
works constructed by the Bidder pending for more than one
year in two or more projects.
(vii) Fails to make premium payments excluding the current

installment in one or more projects.
(viii) Damages/Penalties recommended by the Independent/

Authority’s Engineer on the Bidder during O&M period
and the remedial works are not taken up in two or more
projects.
(ix) Fails to achieve financial closure in two or more projects

within the given or extended period (which shall not be
more than six months in any case).
(x) Fails to submit the Performance Security within the

permissible period in more than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-

performing entity by an independent third party agency and
so notified on the website of the Authority.
49
I/ We certify that the list is complete and covers all the projects of Expressways,
National Highways, ISC and EI works of Ministry of Road Transport & Highways or its
implementing agencies and that we/ any of the JV partners do not fall in any of the
above categories of being a Non-Performing entity.
(Signature, name and designation of

the authorized signatory)
For and on behalf of……………………………………..
50
Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Project Cate- Experience** (Equivalent Rs. crore)$$ Technical

type Code* gory$ Payments received for Value of self- Experience £
construction of Eligible construction in Eligible

Projects in Categories 3 Projects in Categories 1
&4 and 2
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
Member c
including other d
members of the e
Joint Venture f
Aggregate Technical Experience =
@ Provide details of only those projects that have been undertaken by the Applicant, or its Lead member
including members in case of joint venture, under its own name separately and/ or by a project company
eligible under Clause 2.2.2.6(i)(b). In case of Categories 1 and 2, include only those projects which have
an estimated capital cost exceeding the amount specified in Clause 2.2.2.6(i)(c) and for Categories 3 and
4, include only those projects where the payments received exceed the amount specified in Clause
2.2.2.6(ii). In case the Bid Due Date falls within 3 (three) months of the close of the latest financial year,
refer to Clause 2.1.13.
* Refer Annex-IV of this Appendix-I. Add more rows if necessary.
$ Refer Clause 2.2.2.5(i)
** Construction shall not include supply of goods or equipment except when such goods or equipment
form part of a turn-key construction contract/ EPC contract for the project. In no case shall the cost of
maintenance and repair, operation of Highways and land be included while computing the Experience
Score of an Eligible Project.
$$ For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)14 to a US
Dollar.
£. In the case of an Eligible Project situated in an OECD country, the Experience Score so arrived at shall
be further multiplied by 0.5, in accordance with the provisions of Clause 2.2.2.5(ii) and the product
thereof shall be the Experience Score for such Eligible Projects.
14The conversion rate of USD into Rupees shall be the daily representative exchange rates published by
the Reserve Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty
eight) days prior to the Application Due Date.
NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I
shall be provided separately for other Members so as to establish that each such Member has
20 percent or more of the Threshold Technical Capacity. (Refer Clause 2.2.2.4).
51
Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore$)
Bidder type Net Cash Accruals Net Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead Member
including other members of the Joint
Venture
TOTAL
Bidder type Annual Turnover Average

Year 1 Year 2 Year 3 Year 4 Year 5 Annual
(Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation Turnover
factor factor factor factor factor (In Rs.
crore)
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x
7+8x9+10x11
)/5
Single entity 1.00 1.05 1.10 1.15 1.20
Bidder or
Lead
Member
including
other
members of
the Joint
Venture
Name & address of Bidder’s Bankers:

$
For conversion of other currencies into rupees, see note below Annex-II of Appendix-I.
£
The Bidder should provide details of its own Financial Capacity.
Instructions:
1. The Bidder shall attach copies of the balance sheets, financial statements and
Annual Reports for 5 (five) years preceding the Bid Due Date. The financial
statements shall:
(a) reflect the financial situation of the Bidder;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.
3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred
expenditure and miscellaneous expenditure not written off, as per the audited
balance sheet, but does not include reserves created out of revaluation of assets,
write-back of depreciation and amalgamation.
52
4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2
shall be the year immediately preceding Year 1 and so on. In case the Bid Due
Date falls within 3 (three) months of the close of the latest financial year, refer to
Clause 2.1.13.
5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 2.1.15 (g) of the RFP document.
6. The Bidder shall also provide the name and address of the Bankers to the Bidder.
7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net
worth in accordance with Clause 2.2.2.9 (ii) of the RFP document.
53
Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible
Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity:
Self/Members:
Item Refer Particulars of the

Instruction Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
54
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in
this Annex. The projects cited must comply with the eligibility criteria specified
in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in
this section is intended to serve as a back up for information provided in the
Application. Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for
each Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to
be provided here should indicate the break-up for the past 5 (five) financial years.
Year 1 refers to the financial year immediately preceding the Bid Due Date; Year 2
refers to the year before Year 1, Year 3 refers to the year before Year 2, and so on
(Refer Clause 2.1.13). For Categories 1 and 2, expenditure on construction of the
project by the Applicant itself should be provided, but only in respect of projects
having an estimated capital cost exceeding the amount specified in Clause
2.2.2.6(i)(c). In case of Categories 3 and 4, payments received only in respect of
construction should be provided, but only if the amount received exceeds the
minimum specified in Clause 2.2.2.6(ii). Receipts for construction works should
only include capital expenditure, and should not include expenditure on maintenance
& repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and
contact details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession, etc.) may be provided. In case of projects in Categories 3 and 4, similar
particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of
construction should be indicated. In the case of projects under construction, the
likely date of completion or commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company
owning the Eligible Project, held continuously during the period for which Eligible
Experience is claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice.
In other words, no double counting in respect of the same experience shall be
permitted in any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be furnished
as per formats below for each Eligible Project. In jurisdictions that do not have
statutory auditors, the auditors who audit the annual accounts of the Bidder may
provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a
certificate from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d) :
55
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this is to
certify that …………………….. (name of the Bidder) is/ was an equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes............%€ of the total paid up and
subscribed equity capital) of the project company from …………... (date) to ……………..
(date)¥The project was/is commenced on ………(date) and likely to be commissioned on
……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs................cr. (Rupees
…………………crore), of which the applicant has itself undertaken the construction of project
of Rs. ………(Rupees...............Crores) excluding any part of the project for which any contractor,
sub-contractor or other agent was appointed for the purpose of construction as per Clause 2.2.2.6
(i) (d) by the aforesaid Applicant itself, during the past five financial years as per year-wise details
noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation

Date: of the authorized signatory)
$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the.....................(name of project)
from
……………….. (date) to.............................. (date).”
56
14. If the Bidder is claiming experience under Category 3 & 4$, as per Clauses 2.2.2.5
and 2.2.2.6(ii) of the RFP, it should provide a certificate from its Statutory
Auditor/client/ Engineer-in charge/ Independent Engineer/Authority’s Engineer in
the format below:
Certificate regarding construction works*
Based on its books of accounts and other published information authenticated by it, This
is to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute.......................... (name of project)
for................................(nature of project). The construction of the project commenced on
…………..(date) and the project was/ is likely to be commissioned on...................... (date,
if any). It is certified that Bidder received payments from its Clients for Construction
Works executed by them or work executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer, in the aforesaid construction works.
We further certify that the total estimated capital cost of the project is Rs...........cr. (Rupees
…………………crore), of which the Applicant received or has executed the work as
certified by the Engineer-in-charge/Independent Engineer/Authority’s Engineer Rs.
……… cr. (Rupees....................................... crore), during the past five financial years as
per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the
Applicant who undertook these works as a partner or a member of joint venture#.
We further certify that applicant has a share of % in the Joint Venture/Consortium.
(Authorized Signatory)
Date:
15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the
relevant project in computation of Experience.
$
Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.
*
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company. However,
in case the work of other member(s) is also executed by the applicant, then this fact should also be
certified by the Statutory Auditor and accordingly the language may be suitably modified.
#
This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The
payments indicated in the certificate should be restricted to the share of Applicant in such partnership/
joint venture. This portion may be omitted if the contract did not involve a partnership/ joint venture. In
case where work is not executed by partnership/ joint venture, this paragraph may be deleted.
57
Appendix -IA
Annex-V
ANNEX-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint

Venture)
Ref. Date:
To,
***********
***********
Dear Sir,
We hereby confirm that we/ our members in the Joint Venture (constitution of which has
been described in the application) satisfy the terms and conditions laid out in the RFP
document.
We have agreed that.................................. (insert member’s name) will act as the Lead Member of
our Joint Venture.*
We have agreed that.................................(insert individual’s name) will act as our representative/

will act as the representative of the Joint Venture on its behalf* and has been duly authorized
to submit the RFP. Further, the authorised signatory is vested with requisite powers to
furnish such letter and authenticate the same.
Thanking you,
Yours
faithfully, (Signature, name and designation of the
authorised signatory) For and on behalf
of……………………………..
*Please strike out whichever is not applicable.
58
Appendix - IA
Annexure-VI
Information required to evaluate the BID Capacity under clause 2.2.2.1:
To calculate the value of “A” and “C”
1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the Bidder
during the last 5 years is as follows (the amount of bonus received, if any, shall be
indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC bonus (Rs. excluding
Projects including bonus, if in Crores) bonus (Rs. in
any (Rs. in Crores) Crores)
1 2018-19/2018
2 2017-18/2017
3 2016-17/2016
4 2015-16/2015
5 2014-15/2014
3. Maximum value of projects that have been undertaken during the F.Y.
out of the last 5 years and value excluding amount of bonus thereof is Rs.
Crores (Rupees ). Further, value updated to the price level
of the year indicated in Appendix is as follows:
Rs. Crores x (Updation Factor as per Appendix) = Rs.

Crores (Rupees )
4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to
the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount of Updation Updated Amount of
No. Year Bonus (Rs. Factor Bonus (Rs. in Crores)
in Crores)
1 2018-19/2018 1.00
2 2017-18/2017 1.05
3 2016-17/2016 1.10
4 2015-16/2015 1.15
5 2014-15/2014 1.20
Total (C)=
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of
Seal of the audit firm: (Signature, name Authorised Signatory
and designation: and Membership No. of For and on behalf of ……. (Name of the
authorised signatory)
Date:
Place:
59
To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be
completed during the next ** years is as follows:
Sl. Name Percentage of Dater of Construction Value of Value of Balance Anticipated Balance value of
No. of participation start / period as per contract work value of date of work at 2017-
Project/ of Bidder in appointed Agreement/ as per completed work to be completion 18/2017 price
Work the project date of LOA Agreemen completed level
project t /LOAβ
Rs. in Rs. in Crore Rs. in Crore Rs. in Crore

Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)
# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 2018-19/2018 1.00
2 2017-18/2017 1.05
3 2016-17/2016 1.10
4 2015-16/2015 1.15
5 2014-15/2014 1.20
The Statement showing the value of all existing commitments, anticipated value of work to
be completed in the period of construction of the project for which bid is invited and
ongoing works as well as the stipulated period of completion remaining for each of the
works mentioned above is verified from the certificate issued that has been countersigned
by the Client or its Engineer- in-charge not below the rank of Executive Engineer or
equivalent in respect of EPC Projects or Concessionaire / Authorized Signatory of SPV in
respect of BOT Projects. No awarded / ongoing works has been left in the aforesaid
statement which has been awarded to M/s………………individually / and other member
M/s ……………….. and M/s
………………., as on bid due date of this RFP.
…………………….. …………………………
Date:
Place:
β
In case balance period of construction is less than the value of period of construction of the project for
which bid is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated
value of work to be completed in the period of construction of the project for which bid is invited is to be
mentioned. In the absence of the anticipated value of work to be completed, the proportionate value shall be
considered while evaluating the Assessed Available Bid Capacity.
60
Appendix - IA
Annexure-VII
Guidelines of the Department of Disinvestment

(Refer Clause1.2.1)
No. 6/4/2001-DD-II
Government of India
Department of
Disinvestment
Block 14, CGO Complex
New Delhi.
th
Dated 13 July, 2001.
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for Bidders interested in PSE-disinvestment so that the parties selected
through competitive bidding could inspire public confidence. Earlier, criteria like net worth,
experience etc. used to be prescribed. Based on experience and in consultation with
concerned departments, Government has decided to prescribe the following additional
criteria for the qualification/ disqualification of the parties seeking to acquire stakes in
public sector enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature
that it outrages the moral sense of the community. The decision in regard to
the nature of the offence would be taken on case to case basis after
considering the facts of the case and relevant legal principles, by the
Government of India.
(b) In regard to matters relating to the security and integrity of the country, any
charge-sheet by an agency of the Government/ conviction by a Court of Law
for an offence committed by the bidding party or by any sister concern of the
bidding party would result in disqualification. The decision in regard to the
relationship between the sister concerns would be taken, based on the
relevant facts and after examining whether the two concerns are substantially
controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment

process, would not be allowed to remain associated with it or get associated
merely because it has preferred an appeal against the order based on which it
has been disqualified. The mere pendency of appeal will have no effect on
the disqualification.
(e) The disqualification criteria would come into effect immediately and would
apply to all Bidders for various disinvestment transactions, which have not
61
been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to
explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested
parties would be required to provide the information on the above criteria,
along with their Expressions of Interest (EOI). The Bidders shall be required
to provide with their EOI an undertaking to the effect that no investigation by
a regulatory authority is pending against them. In case any investigation is
pending against the concern or its sister concern or against its CEO or any of
its Directors/ Managers/ employees, full details of such investigation
including the name of the investigating agency, the charge/ offence for which
the investigation has been launched, name and designation of persons against
whom the investigation has been launched and other relevant information
should be disclosed, to the satisfaction of the Government. For other criteria
also, a similar undertaking shall be obtained along with EOI.
Sd/xx
(A.K. Tewari)
Under Secretary to the Government of India
62
Appendix - IA
Annexure-VIII
Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC Agreement)
S. Name of the Contract Price Appointed Original Likely Date of Reason for
No. work (INR Cr) Date Scheduled Completion Delay#
Completion
Date
1
2
3
…
(In the event that the Bidder had failed to achieve the Completion of any project within a
period of 90 (ninety) days from the Schedule Completion Date of the project, unless such
failure had occurred due to Force Majeure or for reasons solely attributable to the Authority,
the Bidder shall be deemed to be ineligible for bidding this project (under bidding), both as
the sole party or as one of the parties of Joint Venture/ Consortium, if any, during the period
from Scheduled Completion Date to issuance of Completion Certificate for that project. This
restriction is applicable if the contract value of the delayed project was not less than Rs. 300
Crore.)
#
To be supported with valid certificate issued from Independent Engineer / Authority’s Engineer
/ Supervision Consultant / Engineer-in-charge
I / We certify that all the information furnished above is true in all respects.
…………………………………………… Name of the Bidder
Signature of the authorized signatory:
Name of the Authorised Signatory:
Date:
Place:
63
APPENDIX - II
Bank Securing Declaration
(Refer Clauses 2.20)
I hereby submit a declaration that the bid submitted by the undersigned, on behalf
of the bidder, [Name of bidder], either sole or in JV, shall not be withdrawn or modified
during the period of validity i.e. not less than 180 (one hundred eighty) days from the bid
due date.
I, on behalf of the bidder, [Name of bidder], also accept the fact that in case the
bid is withdrawn or modified during the period of its validity or if we to sign the contract in
case the work is awarded to us or we fail to submit a performance security before the
deadline defined in clause 7 of the Request for Proposal (RFP), then [Name of bidder] will
be suspended for participation in the tendering process for the works of MoRTH/NHAI/
NHIDCL/BRO and work under other Centrally Sponsored Schemes, for a period of one
year from the bid due date of this work.
(Signature of the Authorised Signatory)

(Official-Seal)
64
APPENDIX-III
Format for Power of Attorney for signing of
BID (Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (name of the
firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint
and authorize Mr./ Ms (name), …………………… son/daughter/wife
of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our Joint Venture and holding the position
of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary
or required in connection with or incidental to submission of our BID for the “Design and
Construction/Improvement of Road Rajouri-Thanamandi-Surankot on EPC mode from
Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km 59+420) [Design Length –
55.520 km] from Existing IW/ CL-9 Specifications to NHDL Specifications under 31 BRTF
Area Under Project Sampark in Jammu &Kashmir (UT)” Project proposed or being
developed by the Chief Engineer Project Sampark, Kunjwani, Near Peer Baba, PO –
Gangyal, Distt - Jammu, Jammu & Kashmir- 180010 (the “Authority”) including but not
limited to signing and submission of all applications, BIDs and other documents and writings,
participate in Pre-BID and other conferences and providing information/ responses to the
Authority, representing us in all matters before the Authority, signing and execution of all
contracts including the agreement and undertakings consequent to acceptance of our BID, and
generally dealing with the Authority in all matters in connection with or relating to or arising out
of our BID for the said Project and/ or upon award thereof to us and/or until the entering into of
the EPC Contract with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us.
IN WITNESS WHEREOF WE,.............................. , THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..
(Signature, name, designation and
address) of person authorized by
Board Resolution
(in case of Firm/ Company)/ partner in case of
Witnesses: Partnership firm
1.
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney) (Notarised)
Person identified by me/ personally appeared before me/
Attested/
Authenticated* (*Notary to specify as
applicable) (Signature Name and Address
of the Notary)
Seal of the Notary Registration No. of the Notary
Date:………………
65
Notes:
 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 executant(s) and when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
 Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney is
being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian
Embassy if it carries a conforming Appostille certificate.
66
APPENDIX-IV
Format for Power of Attorney for Lead Member of Joint
Venture (Refer Clause 2.1.6)
Whereas the Chief Engineer Project Sampark, Kunjwani, Near Peer Baba, PO – Gangyal, Distt -
Jammu, Jammu & Kashmir- 180010 (“the Authority”) has invited BIDs for the “Design and
Construction/Improvement of Road Rajouri-Thanamandi-Surankot on EPC mode from Existing
Km 3+900 to Km 56+951 (Design Km 3+900 to Km 59+420) [Design Length – 55.520 km] from
Existing IW/ CL-9 Specifications to NHDL Specifications under 31 BRTF Area Under Project
Sampark in Jammu &Kashmir (UT)” (the “Project”).
Whereas, …………………….., …………………….., and.....................................(collectively the

“Joint Venture”) being Members of the Joint Venture are interested in bidding for the
Project in accordance with the terms and conditions of the Request for Proposal (RFP) and
other BID documents including agreement in respect of the Project, and
Whereas, it is necessary for the Members of the Joint Venture to designate one of them as
the Lead Member with all necessary power and authority to do for and on behalf of the Joint
Venture, all acts, deeds and things as may be necessary in connection with the Joint
Venture’s BID for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We, …… having our registered office at ……., M/s. having our registered office at …,
M/s.… having our registered office at ….., and ….. having our registered office at , (hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate, nominate,
constitute, appoint and authorize M/S ……. having its registered office at ………., being
one of the Members of the Joint Venture, as the Lead Member and true and lawful attorney
of the Joint Venture (hereinafter referred to as the “Attorney”). We hereby irrevocably
authorize the Attorney (with power to sub-delegate) to conduct all business for and on
behalf of the Joint Venture and any one of us during the bidding process and, in the event
the Joint Venture is awarded the contract, during the execution of the Project and in this
regard, to do on our behalf and on behalf of the Joint Venture, all or any of such acts, deeds
or things as are necessary or required or incidental to the pre-qualification of the Joint
Venture and submission of its BID for the Project, including but not limited to signing and
submission of all applications, BIDs and other documents and writings, participate in pre
BID and other conferences, respond to queries, submit information/ documents, sign and
execute contracts and undertakings consequent to acceptance of the BID of the Joint
Venture and generally to represent the Joint Venture in all its dealings with the Authority,
and/ or any other Government Agency or any person, in all matters in connection with or
relating to or arising out of the Joint Venture’s BID for the in all respect Project and/ or
upon award thereof till the EPC Contract is entered into with the Authority & Compelled.
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed
to have been done by us/ Joint Venture.
67
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS …………………. DAY
OF ………. 2..…
For …………………….. For …………………….. For ……………………..

(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the Joint Venture)
Witnesses:
1.
2.
Notes:
 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 executant(s) and
when it is so required, the same should be under common seal affixed in accordance with
the required procedure.
 Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalised by the Indian Embassy if it carries a conforming Appostille certificate.
68
APPENDIX V
Format for Joint Bidding Agreement for Joint

Venture (Refer Clause 2.1.11)
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day
of …………
2019
AMONG
ST
1. {………… Limited, and having its registered office at.................. } (hereinafter referred
to as the “First Part” which expression shall, unless repugnant to the context include
its successors and permitted assigns)
AND
2. {………… Limited, having its registered office at.................. } and (hereinafter referred
to as the “Second Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
AND
3. {………… Limited, and having its registered office at................. } (hereinafter referred to
as the “Third Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
The above mentioned parties of the FIRST, {SECOND and THIRD} PART are
collectively referred to as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
Border Roads Organization established under Ministry of Defence, represented by

its Chief Engineer Project Sampark, Kunjwani, Near Peer Baba, PO – Gangyal,
Distt - Jammu, Jammu & Kashmir- 180010 (hereinafter referred to as the
“Authority” which expression shall, unless repugnant to the context or meaning
thereof, include its administrators, successors and assigns) has invited bids (the
Bids”) by its Request for Proposal No. ………… dated (the “RFP”) for award
of contract for rehabilitation and augmentation of “Design and
Construction/Improvement of Road Rajouri-Thanamandi-Surankot on EPC mode
from Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km 59+420) [Design
Length – 55.520 km] from Existing IW/ CL-9 Specifications to NHDL
Specifications under 31 BRTF Area Under Project Sampark in Jammu &Kashmir
(UT)”. The Parties are interested in jointly bidding for the Project as members of a
Joint Venture and in accordance with the terms and conditions of the RFP document
and other bid documents in respect of the Project, and
(A) It is a necessary condition under the RFP document that the members of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with
the Application.
NOW IT IS HEREBY AGREED as follows:
69
1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise requires,
have the meaning ascribed thereto under the RFP.
2. Joint Venture
2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”)
for the purposes of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Joint Venture and not individually and/ or through any other Joint Venture
constituted for this Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared the
selected Bidder and awarded the Project, it shall enter into an EPC Contract with the
Authority for performing all its obligations as the Contractor in terms of the EPC
Contract for the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have
the power of attorney from all Parties for conducting all business for and on behalf
of the Joint Venture during the Bidding Process and for performing all its obligations
as the Contractor in terms of the EPC Contract for the Project;
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}
(c) Party of the Third Part shall be {the Member of the Joint Venture.}
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms of
the RFP and the EPC Contract, till such time as the completion of the Project is
achieved under and in accordance with the EPC Contract.
6. Share of work in the Project

The Parties agree that the proportion of construction in the EPC Contract to be
allocated among the members shall be as follows:
First Party:
Second Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one)
per cent of the total length of the project highway if the Contract is allocated to the
70
Joint Venture.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing under the
laws of its incorporation and has all requisite power and authority to enter
into this Agreement;
(b) The execution, delivery and performance by such Party of this Agreement
has been authorised by all necessary and appropriate corporate or
governmental action and a copy of the extract of the charter documents and
board resolution/ power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member is annexed to this
Agreement, and will not, to the best of its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having

applicability to it;
(iii) violate the memorandum and articles of association, by-laws or other

applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or other

governmental authorisation, approval, judgement, order or decree or
any mortgage agreement, indenture or any other instrument to which
such Party is a party or by which such Party or any of its properties or
assets are bound or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a lien,
charge, pledge, security interest, encumbrances or mortgage in or on
the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to
prevent such Party from fulfilling its obligations under this
Agreement;
(c) this Agreement is the legal and binding obligation of such Party, enforceable
in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Affiliates is a party that presently affects
or which would have a material adverse effect on the financial condition or
prospects or business of such Party in the fulfillment of its obligations under
this Agreement.
8. Termination
71
This Agreement shall be effective from the date hereof and shall continue in full
force and effect until Project completion (the “Defects Liability Period”) is achieved
under and in accordance with the EPC Contract, in case the Project is awarded to the
Joint Venture. However, in case the Joint Venture is either not pre-qualified for the
Project or does not get selected for award of the Project, the Agreement will stand
terminated in case the Applicant is not pre-qualified or upon return of the Bid
Security by the Authority to the Bidder, as the case may be.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by
the Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE
WRITTEN.SIGNED, SEALED AND DELIVERED
For and on behalf of

LEAD MEMBER by: SECOND PART THIRD PART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of
the Joint Venture Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalized by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.
72
APPENDIX VI
INTEGRITY PACT
FORMAT
(To be executed on plain paper and submitted alongwith Technical Bid/Tender documents
for tenders having a value of Rs. 5 cr or above for Consultancy projects and 100 cr. or
above for Construction projects. To be signed by the Bidder and same signatory competent/
authorized to sign the relevant contract on behalf of the MoRTH)
This integrity Pact is made at on this day of 2019.
BETWEEN
[President of India through Ministry of Defence, Government of India represented by

its Chief Engineer Project Sampark, Kunjwani, Near Peer Baba, PO – Gangyal, Distt -
Jammu, Jammu & Kashmir- 180010 (hereinafter referred to as the “Principal/Owner”
which expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.)
Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd } (hereinafter referred to
as “Tender/Bid”) and intends to award, under laid down organizational procedure, contract/s
for “Design and Construction/Improvement of Road Rajouri-Thanamandi-Surankot on
EPC mode from Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km 59+420)
[Design Length – 55.520 km] from Existing IW/ CL-9 Specifications to NHDL
Specifications under 31 BRTF Area Under Project Sampark in Jammu &Kashmir (UT)”
(hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the land, rules of
land, regulations, economic use of resources and of fairness/ transparency in its relations
with its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties. Now, therefore, in consideration of mutual covenants contained in this
pact, the parties hereby agree as follows and this pact witnesses as under:
Article-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, will 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 of immaterial
benefit which the person is not legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with equity
and reason. The Principal will in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to
any Bidder(s) confidential/ additional information through which the
Bidder(s) could obtain an advantage in relation to the tender process or the
contract execution.
73
(c) The Principal will exclude all known prejudiced persons from the process,
whose conduct in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees which is
a criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.
Article – 2: Commitments of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)
commit himself to take all measures necessary to prevent corruption. He commits
himself to observe the following principles during his participation in the tender
process and during the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will 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 he/she is not legally entitled to, in
order to obtain in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with
other Bidders into any undisclosed agreement or understanding, whether formal or
informal. This applies in particular to prices, specifications, certifications, subsidiary
contract, submission or non submission or bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion 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)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ Representatives in India, if any.
Similarly, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian
Nationality shall furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting
his bid, disclose any and all payments he has made, is committed to or intends to
make to agents, brokers or any other intermediaries in connection with the award of
the contract. He shall also disclose the details of services agreed upon for such
payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate
third persons to commit offences outlined above or be an accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any
outside influence through any Govt. bodies/quarters directly or indirectly on the
bidding process in furtherance of his bid.
Article - 3 Disqualification from tender process and exclusion from future contracts.
(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), before award or
during execution has committed a transgression through a violation of any provision
of Article- 2, above or in any other form such as to put his reliability or credibility in
question, the Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/
74
Concessionaire(s)/ Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a
transgression through a violation of Article-2 such as to put his reliability or
credibility into question, the Principal shall be entitled to exclude including blacklist
and put on holiday the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) for
any future tenders/ contract award process. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will
be determined by the Principal taking into consideration the full facts and
circumstances of each case particularly taking into account the number of
transgressions, the position of the transgressors within the company hierarchy of the
Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) and the amount of the
damage. The exclusion will be imposed for a maximum of 3 years.
(3) A transgression is considered to have occurred if the Principal after due
consideration of the available evidence concludes that “On the basis of facts
available there are no material doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent
and without any influence agrees and undertakes to respect and uphold the
Principal’s absolute rights to resort to and impose such exclusion and further accepts
and undertakes not to challenge or question such exclusion on any ground, including
the lack of any hearing before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this
Integrity Pact has been committed by the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s)shall be final and binding on the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s), however, the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed for
the purpose of this Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of
integrity pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall
not be entitled for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) could be revoked by the Principal if
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)can prove that he has
restored/ recouped the damage caused by him and has installed a suitable corruption
prevention system in his organization.
Article – 4: Compensation for Damages.
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest
Money Deposit/ Bid Security or demand and recover the damages equivalent to
Earnest Money Deposit/ Bid Security apart from any other legal right that may have
accrued to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to
forfeit the Performance Bank Guarantee of the Contractor/ Concessionaire/
Consultant and/ or demand and recover liquidated and all damages as per the
provisions of the contract/concession agreement against Termination.
Article – 5: Previous Transgressions
(1) The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any
country conforming to the anti corruption/ Transparency International (TI) approach
or with any other Public Sector Enterprise/ Undertaking in India or any Government
Department in India that could justify his exclusion from the tender process.
75
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process or action for his exclusion can be taken as mentioned under
Article-3 above for transgressions of Article-2 and shall be liable for compensation
for damages as per Article-4 above.
Article – 6: Equal treatment of all Bidders/ Contractors/ Concessionaires/ Consultants/

Subcontractors.
(1) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) undertake(s) to
demand from all sub-contractors a commitment in conformity with this Integrity
Pact, and to submit it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders/ Contractors/ Concessionaires/ Consultants and subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign
this Pact or violate its provisions.
Article – 7: Criminal charges against violating Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)

(1) The Principal has appointed Shri. Hem Kumar Pande, IAS (Retd), email id-
[email protected] and Shri Anjan Kumar Banerjee, IA &AS (Retd), email id –
[email protected] as Independent External Monitors (herein after referred to as
“Monitor”) for this Pact. 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 representatives of the parties and
performs his functions neutrally and independently. He reports to the Director
General (Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the
Monitor has the right to access without restriction to all project documentation of the
Principal including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will
also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is
applicable to Subcontractors. The Monitor is under contractual obligation to treat the
information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with
confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an
impact on the contractual relations between the Principal and the Contractor. The
parties offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Management of the Principal and request the Management to
discontinue or take corrective action, or to take 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.
(6) The Monitor will submit a written report to the Director General (Road Development)
& Special Secretary within 8 to 10 weeks from the date of reference or intimation to
76
him by the Principal and, should the occasion arise, submit proposals for correcting
problematic situations.
(7) If the Monitor has reported to the Director General Border Roads (DGBR) a
substantiated suspicion of an offence under relevant IPC/PC Act, and the DGBR 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.
(8) The word 'Monitor' would include both singular and plural.
Article – 9 Pact Duration

This Pact begins when both parties have legally signed it (in case of EPC i.e. for projects
funded by Principal and consultancy services). It expires for the Contractor/ Consultant 12
months after his Defect Liability Period is over or 12 months after his last payment under
the contract whichever is later and for all other unsuccessful Bidders 6 months after this
Contract has been awarded. (In case of BOT Projects) It expires for the concessionaire 24
months after his concession period is over and for all other unsuccessful Bidders 6 months
after this Contract has been awarded.
If any claim is made/ lodged during his 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
Director General Border Roads.
Article - 10 Other Provisions.
(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a
consortium Joint Venture partner, this pact 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 will strive to
come to an agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of this pact,
any action taken by the Principal in accordance with this Pact or interpretation
thereof shall not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provision of the extent law in force
relating to any civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/
(Office Seal) Contractor/ Concessionaire/ Consultant)
Place Date
Witness 1 : (Name & Address):

Witness 2 : (Name & Address):
{COUNTERSIGNED and accepted

by: JV Partner}
77
Appendix-VII
(See Clauses
2.21)
FORM OF BANK
GUARANTEE
[Performance Security/Additional Performance
Security]
To
WHEREAS [name and address of

Contractor] (hereafter called the “Contractor”) has undertaken, in pursuance of Letter of
Acceptance (LOA) No. Dated for for “Design and
Construction/Improvement of Road Rajouri-Thanamandi-Surankot on EPC mode from
Existing Km 3+900 to Km 56+951 (Design Km 3+900 to Km 59+420) [Design Length –
55.520 km] from Existing IW/ CL-9 Specifications to NHDL Specifications under 31 BRTF
Area Under Project Sampark in Jammu &Kashmir (UT)” (hereinafter called the
“Contract”).
AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under and
in accordance with the Contract, during the {Construction Period/ Defects Liability Period and
Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee
Amount”15).
AND WHEREAS we, ………………….. through our branch at......................................(the “Bank”)
have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by way of
Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and affirms
as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/ Defects Liability
Period and Maintenance Period} under and in accordance with the Contract, and agrees and
undertakes to pay to the Authority, upon its mere first written demand, and without any demur,
reservation, recourse, contest or protest, and without any reference to the Contractor, such sum
or sums up to an aggregate sum of the Guarantee Amount as the Authority shall claim, without
the Authority being required to prove or to show grounds or reasons for its demand and/or for
the sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of [Chief
Engineer, BRO], that the Contractor has committed default in the due and faithful performance
of all or any of its obligations under and in accordance with the Contract shall be conclusive,
final and binding on the Bank. The Bank further agrees that the Authority shall be the sole judge
as to whether the Contractor is in default in due and faithful performance of its obligations
during and under the Contract and its decision that the Contractor is in default shall be final and
binding on the Bank, notwithstanding any differences between the Authority and the Contractor,
or any dispute between them pending before any court, tribunal, arbitrators or any other
authority or body, or by the discharge of the Contractor for any reason whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor and/or the
Bank, whether by their absorption with any other body or corporation or otherwise, shall not in
any way or manner affect the liability or obligation of the Bank under this Guarantee.
78
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the Contract or to
extend the time or period for the compliance with, fulfillment and/ or performance of all or any
of the obligations of the Contractor contained in the Contract or to postpone for any time, and
from time to time, any of the rights and powers exercisable by the Authority against the
Contractor, and either to enforce or forbear from enforcing any of the terms and conditions
contained in the Contract and/or the securities available to the Authority, and the Bank shall not
be released from its liability and obligation under these presents by any exercise by the
Authority of the liberty with reference to the matters aforesaid or by reason of time being given
to the Contractor or any other forbearance, indulgence, act or omission on the part of the
Authority or of any other matter or thing whatsoever which under any law relating to sureties
and guarantors would but for this provision have the effect of releasing the Bank from its
liability and obligation under this Guarantee and the Bank hereby waives all of its rights under
any such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or security
now or which may hereafter be held by the Authority in respect of or relating to the Contractor
for the fulfillment, compliance and/or performance of all or any of the obligations of the
Contractor under the Contract.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force for the
period specified in paragraph 8 below and unless a demand or claim in writing is made by the
Authority on the Bank under this Guarantee all rights of the Authority under this Guarantee shall
be forfeited and the Bank shall be relieved from its liabilities hereunder.
8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall be
discharged from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it has the
power to issue this Guarantee and the undersigned has full powers to do so on behalf of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been duly
authorized to receive such notice and to effect payment thereof forthwith, and if sent by post it
shall be deemed to have been given at the time when it ought to have been delivered in due
course of post and in proving such notice, when given by post, it shall be sufficient to prove that
the envelope containing the notice was posted and a certificate signed by an officer of the
Authority that the envelope was so posted shall be conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect for up to the date specified in paragraph 8 above or until it is released earlier by the
Authority pursuant to the provisions of the Contract.
79
12. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.
Signed and sealed this ………. day of ……….., 20……… at ………..
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by: (Signature)

(Name)
(Designation)
(Code Number)
(Address)
$
Insert date atleast 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.21 of
the RFP). The Contractors can submit the BG for periods of two years at one time and keep on renewing the same till the DLP is
over if they have problems in getting the BG in one go for the entire DLP.
80
Appendix-VIII
(See Clauses 3.3.4)
Format of LOA
No.
Government of India
Border Roads Organisation
Dated,
To,
{Name of selected Bidder}
Subject: {project description}- Letter of Acceptance (LOA)-Reg.

Reference: Your bid for the subject work dated ……………..
Sir,
This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. /- {amount in words} has
been determined to be the lowest evaluated bid and is substantially responsive and
has been accepted.
3. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribed in Clause 1.3 of the RFP.
4. You are also requested to furnish Performance Security for an amount of ………………….
{and Additional Performance Security for an amount of Rs……………………….} as
per Clause 2.21 of the RFP within 30 (thirty) days of receipt of this Letter of
Acceptance (LOA). In case of delay in submission of Performance Security and
Additional Performance Security, if any, you may seek extension of time for a period
not exceeding 60 (Sixty) days in accordance with Clause 2.21 of RFP.
5. In case of failure of submission of Performance Security, Additional Performance
Security (if any) and Security against Damages (if any) within the additional 60 (Sixty)
days time period, the award shall be deemed to be cancelled and Bid security shall be
encashed by the Authority as per Clause 2.21 of the RFP.
Yours faithfully,
{Authorized signatory}
Accepted by
(Name of the Authorized person)

(Name of the sole bidder/lead partner of JV)
Seal of the bidder
81

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Request for Proposal

“Design and Construction/Improvement of Road Rajouri-Thanamandi-

Engineering, Procurement & Construction

Border Roads Organisation

No. 24066/DGBR/Sampark/R-T-S/34/EPC Cell Dated 21 Feb 2020

RFP for “Design and Construction/Improvement of Road Rajouri-Thanamandi-Surankot on EPC

Jammu & - - “Design and Construction/Improvement 330.10 24 60 Months/

Bank details of Client is given below:-

S/No Particulars Details

S/No Name Designation Phone No. Email ID

Name of the National Length Estimated No of Years

1.2 Brief description of Bidding Process

1.3 Schedule of Bidding Process

Sl. No. Event Description Date

2.1.2 An International Bidder bidding individually or as a member of a Joint

2.1.9 This RFP is not transferable.

(a) Number of members in a Joint Venture shall not exceed 3 (Three);

(i) convey the commitment(s) of the Lead Member in accordance with

(2) The holding or acquisition of equity control, as above shall include

(v) Fails to fulfil its obligations to maintain a highway in a satisfactory

(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the

(vii) Fails to make premium payments excluding the current installment in

(viii) Damages/ Penalties recommended by the Independent/ Authority’s

(xi) Rated as an unsatisfactory performing entity/ non-performing entity by

(xii) Has Failed to perform for the works of Expressways, National

2.2. Eligibility and qualification requirements of Bidder

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

A = Maximum value of civil engineering works excluding the amount of

2. The amount of bonus received, if any, in EPC Projects should be

Year Year-1 Year-2 Year-3 Year-4 Year-5

2.2.2.2 Technical Capacity

(i) For demonstrating technical capacity and experience (the “Technical

(ii) For normal Highway projects (including Major

Provided that at least one similar work of 25% of Estimated Project

(iii) For Stand-alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects (a1) In case the cost of

Year Year-1 Year-2 Year-3 Year-4 Year-5

2.2.2.3 Financial Capacity:

Year Year-1 Year-2 Year-3 Year-4 Year-5

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of

Category Project / Construction experience on Eligible Factors

(ii) The Technical capacity in respect of an Eligible Project situated in a

(iii) For the purpose of this RFP:

(a) highways sector would be deemed to include highways,

(I) In case of projects executed by applicant under category 3 and 4

such work shall be considered for single completed work

(i) Widening / reconstruction / up-gradation works on NH / SH

2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:

(i) For a project to qualify as an Eligible Project under Categories 1 and 2:

the project for which any contractor, sub-contractor or other agent

(ii) For a project to qualify as an Eligible Project under Categories 3 and 4,

(iii) The Bidder shall quote experience in respect of a particular Eligible

2.2.2.7 Submission in support of Technical Capacity

2.2.2.8 Submission in support of financial capacity

2.3 Proprietary data

2.4 Cost of Bidding

2.5 Site visit and verification of information