National Highways Authority of India National Highways Authority of India National Highways Authority of India

NHAI - RFP for Appointment
ppointment of Safety Consultant
National Highways Authority of India
Request for Proposal (RFP)

For
Appointment of Safety Consultant for Construction of Road tunnel,

Viaduct and Churhat Bypass of Rewa-Sidhi
Sidhi section of NH-75E
NH from Km
33/200 to Km 55/400 (Design Length 15.35 km.) as Cement Concrete
Pavement configuration in the state of Madhya Pradesh on design, build,
operate and transfer (the “DBFOT Annuity or “Hybrid Annuity”) 8th Call.
July, 2020
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NHAI - RFP for Appointment of Safety Consultant

Ministry of Road Transport & Highways, Govt. of India
Appointment of Safety Consultants for PPP projects on DBFOT basis / Hybrid Annuity
Model (HAM)/ EPC/ OMT/O&M/Item Rate Projects
Request for Proposal
INDEX
S. No. Contents Page Nos.
1 Disclaimer 4
2 Invitation for Proposals 6-8
3 Instructions to applicants 9-25
4 Format for submission of Proposal 26-40

Schedule-I: List of Projects (for which Safety Consultants have to be
5 42
appointed)
6 Schedule-II: Details of Projects 43
7 Schedule-III: Guidance Note on Conflict of Interest 44-45
8 Schedule-IV: No Conflict of Interest Certificate 46
9 Schedule-V: Procedure for E-Tender 47-48
10 Schedule VI: Work Plan 49
11 Schedule VII: Integrity Pact 50-54
12 Draft Contract Agreement 55-74
13 Terms of Reference 75-91
14 Appendix I: Format of Bank Guarantee for Performance Security 92-93
15 Appendix II: Format for Bid Security Declaration 94
16 Appendix III: Format of LOA 95
17 Appendix IV: List of Empanelled Safety Consultants 96
18 Annexure 1-5 of ToR: Templates for Road Safety Audit 97
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Disclaimer
The information contained in this Request for Proposal document (“RFP”) or subsequently
provided to Applicants, whether verbally or in documentary or any other form by or on behalf
of the Authority or any of its employees or advisers, is provided to Applicants 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 Authorityto the
prospective Applicants or any other person. The purpose of this RFP is to provideinterested
parties with information that may be useful to them in the formulation of theirProposals
pursuant to this RFP. This RFP includes statements, which reflect variousassumptions and
assessments arrived at by the Authority in relation to the Consultancy. Suchassumptions,
assessments and statements do not purport to contain all the information thateach Applicant
may require. This RFP may not be appropriate for all persons, and it isnot possible for the
Authority, its employees or advisers to consider the objectives, technicalexpertise and
particular needs of each party who reads or uses this RFP. The assumptions,assessments,
statements and information contained in this RFP, may not be complete,accurate, adequate or
correct. Each Applicant should, therefore, conduct its owninvestigations and analysis and
should check the accuracy, adequacy, correctness, reliabilityand completeness of the
assumptions, assessments and information contained in this RFPand obtain independent advice
from appropriate sources.
Information provided in this RFP to the Applicants is on a wide range of matters,some of which
depends upon interpretation of law. The information given is not anexhaustive account of
statutory requirements and should not be regarded as a completeor authoritative statement of
law. The Authority accepts no responsibility for the accuracyor otherwise for any
interpretation or opinion on the law expressed herein.
The Authority, its employees and advisers make no representation or warranty andshall have
no liability to any person including any Applicant under any law, statute, rulesor regulations or
tort, principles of restitution or unjust enrichment or otherwise for anyloss, damages, cost or
expense which may arise from or be incurred or suffered on accountof anything contained in
this RFP or otherwise, including the accuracy, adequacy,correctness, reliability or
completeness of the RFP and any assessment, assumption,statement or information contained
therein or deemed to form part of this RFP or arisingin any way in this Selection Process.
The Authority also accepts no liability of any nature whether resulting fromnegligence or
otherwise however caused arising from reliance of any Applicant upon thestatements
contained in this RFP.
The Authority may in its absolute discretion, but without being under any obligationto do so,
update, amend or supplement the information, assessment or assumption containedin this RFP.
The issue of this RFP does not imply that the Authority is bound to select anApplicant or to
appoint the Selected Applicant, as the case may be, for the Consultancyand the Authority
reserves the right to reject all or any of the Proposals without assigningany reasons
whatsoever.
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The Applicant shall bear all its costs associated with or relating to the preparationand
submission of its Proposal including but not limited to preparation, copying, postage,delivery
fees, expenses associated with any demonstrations or presentations which may berequired by
the Authority or any other costs incurred in connection with or relating to itsProposal. All such
costs and expenses will remain with the Applicant and the Authority shallnot be liable in any
manner whatsoever for the same or for any other costs or otherexpenses incurred by an
Applicant in preparation or submission of the Proposal, regardlessof the conduct or outcome of
the Selection Process.
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INVITATION OF PROPOSAL
INTRODUCTION
1. Background
(i) National Highways Authority of India (NHAI) is engaged in development of National
Highways entrusted to it by Ministry of Road Transport & Highways. As part of this
endeavour, the Authority has taken up development of the highways through Public
Private Partnership (PPP) on DBFOT basis / Hybrid Annuity Model (HAM)/ EPC/
OMT/O&M/Item Rate basis.
(ii) The Model Concession Agreements (MCA)/ Contract documents stipulate that the
Concessionaire shall develop, implement and administer a surveillance and safety
programme for providing a safe environment on or about the Project Highways and / or
shall comply with the safety requirements set forth in Schedule ‘L’ of Model Concession
Agreement (MCA) for BOT/ HAM projects, Clause 10.1 of EPC contracts and Schedule –
H of the MCA of OMT projects.
(iii) The Agreements also envisage that NHAI shall appoint an experienced and qualified
firm or organization as a “Safety Consultant” for carrying out safety audit of the
Project Highway in accordance with the safety requirements set forth in Schedule-L/
Clause 10.1 of EPC contracts or Schedule-H (whichever applicable) for the aforesaid
Phases of Project.
(iv) NHAI had invited applications from the interested firms for empanelment as safety
consultant for providing consultancy to the project highway in accordance with the
safety requirement set forth in the Schedules mentioned above. Only those consultants
who have been empanelled by NHAI are eligible to submit their financial proposal and
work shall be awarded on least cost basis. The list of empanelled consultants are listed
in Appendix IV.
1.2. Requests for Proposal

1.2.1. NHAI had invited applications from the interested firms for empanelment as safety
consultants for carrying out safety audit of the project highway in accordance with the
safety requirement set forth in Schedule ‘L’ of MCA of the PPP/ HAM projects, Clause
10.1 of EPC contracts and Schedule ‘H’ of MCA for OMT projects.
1.2.2. NHAI now intends to appoint the empanelled firms or organizations for its various
projects (PPP projects on DBFOT basis/ HAM/ EPC projects or OMT projects). The list of
the project packages and other details for which safety consultant are to be appointed
are given in the RFP at Schedule I & II. Some survey activities as detailed in this RFP,
which are vital to know Road condition and having direct bearing on Road Safety Audit
are part of the Scope of work. Survey results are to be co-related with other Road
Safety Audit Reports.
1.2.3. The proposal has been invited through e-tendering portal i.e. https://etenders.gov.in.
The interested Firm may download the RFP document from the e-tendering portal of
the Employer. The Firm who downloads the RFP document from the website will be
required to pay the non-refundable fee of Rs.5000/- towards cost of RFP, through e-
payment gateway as specified in procedure for e-tender. The Proposal shall be
submitted separately for each project on e-tendering portal for which the firm may
wish to apply in the format given in Annexure-II of Form 7.
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Account Number 1471201001629

IFSC Code CNRB0001471
Name of the Branch Canara Bank, Arera Colony Branch,
Bhopal
Name of the Beneficiary NHAI RO MP Bhopal
The applicant required to submit the details of the NEFT transaction (during
submission of online application) as a proof of submission of Rs. 5000/- towards cost of
RFP.
1.2.4. The RFP is open to all the empanelled consultants who may apply for only those
projects in which they do not find or anticipate conflict of interest as defined in this
RFP. However, if a bidder applies for DPR Consultancy, Independent/Authority
Engineer and Safety Auditor, the project awarded first shall prevail. Each team of two
key personnel and one Sub Key Personnel of a firm shall not be eligible for award of
more than four Project Packages at any point of time. Further, firms empanelled for
more than one team shall be eligible for award of multiple no. of packages depending
on the no. of empanelled teams. However, a firm shall also not be allowed to propose
more than one team for the same Project Package.
1.2.5. Payments will be made on the basis of deliverables and not on man months. However,
for ensuring proper output and deliverables, minimum number of key personnel
required for carrying out the task and their experience and qualification has been
detailed in this RFP document.
1.2.6. A Bidder is required to submit, along with its BID, a BID Securing Declaration as per
format specified in Appendix II of this RFP.
1.2.7. The Performance Security to be submitted by the successful bidder will be5% of the
contract value. The Performance Security should be valid for the duration of services
plus six months. The conditions regarding award of the work to firms are stipulated in
the RFP.
1.3 Due diligence by Applicants

Applicants are encouraged to inform themselves fully about the assignment and the
local conditions before submitting the Proposal by paying a visit to the authority and
the project site, sending written queries to the authority, and attending a Pre-Proposal
Conference on the date and time specified in Clause 1.10.
1.4 Sale of RFP Document

RFP document can also be downloaded from the Official Website of the Authority from
17:00 hours on 06.07.2020 to hours 17:00 on 03.08.2020.
1.5 Validity of the Proposal

The Proposal shall be valid for a period of not less than 60 days from the Bid Due Date
(the “BDD”).
1.6 Brief description of the Selection Process

Selection for project specific work will be done on least cost basis.
1.7 Currency of Financial Quotes

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1.7.1 For the purposes of evaluation of Applicants, all financial quotes shall be made in INR
and quotes in other currencies shall not be accepted.
1.7.2 All payments to the Consultant shall be made in INR in accordance with the provisions
of this RFP. The Consultant may convert INR into any foreign currency as per Applicable
Laws and the exchange risk, if any, shall be borne by the Consultant.
1.8 Schedule of Selection Process –

The Authority would endeavor to adhere to the following schedule:
Sl.no Event Description Date
1. Last date for receiving queries/clarifications [10 days prior to BDD]
2. Pre-Proposal Conference [16 days prior to BDD]
3. Authority response to queries [7 days prior to BDD]
4. Bid Due Date or BDD [04.08.2020 upto 12:00]
5. Opening of Proposal 05.08.2020 at 12:30 PM
6. Letter of Award (LOA) [Within 10 days of BDD]
7. Signing of Agreement Within 15 days of Verification of
Performance Security
8. Validity of Applications 60 days from Bid Due Date
1.9 Pre-Proposal visit to the Site and inspection of data

Prospective applicants may visit the site and review the available data at any time
prior to BDD. For this purpose, they shall provide notice to the nodal officer (PD, PIU-
Katni) specified below at least two days prior to the visit:
Name: Sumesh Banzal
Designation: Project Director/DGM (T)
Phone: 07622-408003
Mobile: 9425163700 Email: [email protected]
1.10 Pre-Proposal Conference (optional)
The date, time and venue of Pre-Proposal Conference shall be:
Date: *****
Time: 1100 hrs
Venue: *****
1.11 Communications
1.11.1 All communications including the submission of Proposal should be addressed to:
Regional Officer,
National Highways Authority of India,
Regional Office,
E-2/167, Arera Colony,
Near Habibganj Railway Station,
Bhopal (M.P.) – 462010
Phone: 0755-2426638, 2426698
Email: [email protected]
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1.11.2 The Official Website of the Authority is: https://www.nhai.gov.inand the e-tender
portal ishttps://etenders.gov.in. Applicants shall upload their proposal on the e-tender
portal as per the procedure specified in this RFP.
[Note: Please open the page https://etenders.gov.in‘*****’ and then page ‘*****’ to
access all the postedand uploaded documents related to this RFP].
1.11.3 All communications should contain the following information, to be marked at
the top in bold letters: “RFP Notice No. NHAI/RO-MP/KTN/SC/2020/”
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2.INSTRUCTIONS TO APPLICANTS
2.1 Scope of Proposal
2.1.1 Detailed description of the objectives, scope of services, deliverables and other
requirements relating to this consultancy are specified in the draft contract
Agreement. The manner in which the proposal is required to be submitted, evaluated
and accepted is explained in this RFP.
2.1.2 Applicants are advised that the selection of Consultant shall be on the basis of an
evaluation by the Authority through the Selection Process specified in this RFP.
Applicants shall be deemed to have understood and agreed that no explanation or
justification for any aspect of the Selection Process will be given and that the
Authority’s decisions are without any right of appeal whatsoever.
2.1.3The Applicant shall submit its proposal in the form and manner specified in this RFP.
Upon selection, the Applicant shall be required to enter into an agreement with the
Authority in the format specified in the RFP.
1. Only those consultants who have been empanelled by NHAI and do not have any
conflict of interest as defined in this RFP are eligible to submit the financial
proposal for any project package.
2. The proposal shall be prepared and uploaded strictly in the prescribed formats
marked as:
“Appointment of safety consultant for “Highway Projects on BOT/DBFOT/ HAM/
EPC /OMT/O&M/Item Rate basis” of NHAI”
“Do not open, except in the presence of the Evaluation Committee”
The consultants are requested to ensure that they are quoting for projects for
which conflict of interest does not apply. In case of conflict of interest, their
proposal may be rejected summarily without assigning any reason and if the
project has already been awarded, the same may be cancelled at any time even
after award of the project.
2.1.4 Key Personnel
A firm must have at least the team of two key personnel (i.e. Sr. Road Safety Auditor
& Team Leader and Traffic Planner) each of age not more than 65 years, required for
performing the safety consultants’ job for single NHAI contract package. The
consultancy team shall consist of the following key personnel (the “Key Personnel”):
S. No Position No.
1 Sr. Road Safety Auditor-cum-Team 1
Leader
2 Traffic Planner 1
Total 2
(iii)Sub-Key Personnel: Road Safety Assistant/Apprentice:

The team of 2 Key Personnel shall be assisted by a Sub-Key Personnel i.e. Road Safety
Assistant/Apprentice of age not more than 40 years. The Sub-Key Personnel shall fulfil
the following criteria:
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Essential Qualifications:
i. Graduate in Civil Engineering; or
ii. Diploma in Civil Engineering with more than 2 years’ experience in design,
construction and maintenance of roads.
The firm/applicant shall identify suitable sub-key personnel and submit his/her CV with
the proposal. The concerned Regional Officer of NHAI will approve the Sub-Key
Personnel based on the above criteria, before the commencement of work. The CV of
such Sub-Key Personnel shall not be evaluated for bidding purposes.
2.1.4.1 It is necessary that the applicant shall retain the team proposed at the time
empanelment. However in case of non-availability of key personnel in bidding or
subsequent stages, the empanelment of the team/firm shall be deemed to be
cancelled and the firm may submit fresh proposal in the next phase of empanelment.
The retaining of empanelled teams/ firms shall be confirmed by the concerned firm(s)
during all subsequent phases of contract period. The proposals of firms/applicants
submitting key personnel other than empanelled team shall not be considered.
2.1.5 SUBMISSION OF DOCUMENTS: Proposals should be uploaded on e-tender portal not
later than 12:00 hours on 04.08.2020. The proposals shall be opened on 05.08.2020 the
same day at 12:30 hours in the presence of firms/organizations, who chose to be
present. NHAI shall not be liable for any delay in submission of the proposal within the
stipulated period on any account whatsoever.
2.1.6 No hard copies of proposals shall be submitted.
2.1.7 Financial proposal in the prescribed format includes breakdown of cost of full key
personal team assignment. Incomplete submission of financial proposal is liable to be
rejected.
2.1.8 The financial proposal shall be strictly unconditional and unqualified, otherwise the
same shall be declared as non-responsive.
2.2 Information for Firms
2.2.1 The proposal of the firm is liable to be rejected, if the firm makes any false or
misleading statement in the proposal, without prejudice to the rights of NHAI to
initiate further proceedings against the said firm(s).
2.2.2 At any time before the submission of proposals, NHAI may, for any reason, whether at
its own initiative or in response to a clarification requested by a consulting firm,
modify the Documents by amendment. The amendment will be notified in/ hosted on
the website of NHAI and the e-tender portal. All amendments will be binding on
participating firms.
2.3 Conflict of Interest
2.3.1 An Applicant shall not have a conflict of interest that may affect the Selection
Processor the Consultancy (the “Conflict of Interest”). Any Applicant found to have a
Conflict of Interest shall be disqualified. In the event of disqualification, the Authority
shall take appropriate action as per provisions contained in clause 2.20.1
2.3.2 The Authority requires that the Consultant provides professional, objective, and
impartial advice and at all times hold the Authority’s interests paramount, avoid
conflicts with other assignments or its own interests, and act without any consideration
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for future work. The Consultant shall not accept or engage in any assignment that
would be in conflict with its prior or current obligations to other clients, or that may
place it in a position of not being able to carry out the assignment in the best interests
of the Authority.
2.3.3 Some guiding principles for identifying and addressing Conflicts of Interest have been
illustrated in the Guidance Note at Schedule-III. Without limiting the generality of the
above, an Applicant shall be deemed to have a Conflict of Interest affecting the
Selection Process, if:
(a) the Applicant, its consortium member (the “Member”) or Associate (or any constituent
thereof) and any other Applicant, its consortium member or Associate(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 or ownership interest of an Applicant, its Member or Associate (or
any shareholder thereof having a shareholding of more than 5 per cent of the paid up
and subscribed share capital of such Applicant, Member or Associate, as the case may
be) in the other Applicant, its consortium member or Associate is less than 5% (five per
cent) 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 2.3.3(a), 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 under taken 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% (twenty six per cent)
of the subscribed and paid up equity shareholding of such intermediary; or
(b) a constituent of such Applicant is also a constituent of another Applicant; or
(c) such Applicant or its Associate receives or has received any direct or indirect subsidy or
grant from any other Applicant or its Associate; or
(d) such Applicant has the same legal representative for purposes of this Application as any
other Applicant; or
(e) such Applicant has a relationship with another Applicant, directly or through common
third parties, that puts them in a position to have access to each others’ information
about, or to influence the Application of either or each of the other Applicant; or
(f) there is a conflict among this and other consulting assignments of the
Applicant(including its personnel and Sub-consultant) and any subsidiaries or entities
controlled by such Applicant or having common controlling shareholders. The duties of
the Consultant will depend on the circumstances of each case. While providing
consultancy services to the Authority for this particular assignment, the Consultant
shall not take up any assignment that by its nature will result in conflict with the
present assignment; or
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(g) a firm which has been engaged by the Authority to provide goods or works or services
for a project, and its Associates, will be disqualified from providing consulting services
for the same project save and except as provided in Clause2.3.4; conversely, a firm
hired to provide consulting services for the preparation or implementation of a project,
and its Members or Associates, will be disqualified from subsequently providing goods
or works or services related to the same project; or
(h) the Applicant, its Member or Associate (or any constituent thereof), and the bidder or
Concessionaire, if any, for the Project, its contractor(s) or sub-contractor(s)(or any
constituent thereof) have common controlling shareholders or other owner ship
interest; provided that this disqualification shall not apply in cases where the direct or
indirect shareholding or ownership interest of an Applicant, its Member or Associate
(or any shareholder thereof having a shareholding of more than 5% (five per cent) of
the paid up and subscribed share capital of such Applicant, Member or Associate, as
the case may be,) in the bidder or Concessionaire, if any, or its contractor(s) or sub-
contractor(s) is less than 5%(five per cent) of the paid up and subscribed share capital
of such Concessionaire or its contractor(s) or sub-contractor(s); provided further that
this disqualification shall not apply to 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 sub-clause (h), indirect shareholding shall
be computed in accordance with the provisions of sub-clause (a) above. For purposes of
this RFP, Associate means, in relation to the Applicant, a person who controls, is
controlled by, or is under the common control with such Applicant(the “Associate”). As
used in this definition, the expression “control” means, with respect to a person which
is a company or corporation, the ownership, directly or indirectly, of more than 50%
(fifty per cent) of the voting shares of such person, and with respect to a person which
is not a company or corporation, the power to direct the management and policies of
such person by operation of law or by contract.
2.3.4 An Applicant eventually appointed to provide Consultancy for this Project, and its
Associates, shall be disqualified from subsequently providing goods or works or services
related to the construction and operation of the same Project and any breach of this
obligation shall be construed as Conflict of Interest; provided that the restriction here
in shall not apply after a period of 5 (five) years from the completion of this
assignment or to consulting assignments granted by banks/ lenders at any time;
provided further that this restriction shall not apply to consultancy/ advisory services
performed for the Authority in continuation of this Consultancy or to any subsequent
consultancy/ advisory services performed for the Authority in accordance with the
rules of the Authority. For the avoidance of doubt, an entity affiliated with the
Consultant shall include a partner in the Consultant’s firm or a person who holds more
than 5% (five per cent) of the subscribed and paid up share capital of the Consultant,
as the case may be, and any Associate thereof.
2.4 Number of Proposals
No Applicant shall submit more than one Application for each project. An Applicant
shall not be entitled to submit another application for the same project in any case,
otherwise their proposal will be rejected without assigning any reason.
2.5 Cost of Proposal
The Applicants shall be responsible for all of the costs associated with the preparation
of their proposals and their participation in the Selection Process including subsequent
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negotiation, visits to the Authority, Project site etc. The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome
of the Selection Process.
2 .6 Site Visit and Verification of Information

Applicants are encouraged to submit their respective Proposals after visiting the
Project site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, access to the site, availability of drawings and other data with
the Authority, Applicable Laws and regulations or any other matter considered relevant
by them.
2 .7 Acknowledgement by Applicant
2.7.1 It shall be deemed that by submitting the Proposal, the Applicant has:
(a) made a complete and careful examination of the RFP;
(b) received all relevant information requested from the Authority;
(c) acknowledged and accepted the risk of inadequacy, error or mistake in the
information provided in the RFP or furnished by or on behalf of the Authority or
relating to any of the matters referred to in Clause 2.6 above;
(d) satisfied itself about all matters, things and information, including matters referred
to in Clause 2.6 herein above, necessary and required for submitting an informed
Application and performance of all of its obligations there under;
(e) Acknowledged that it does not have a Conflict of Interest; and
(f) Agreed to be bound by the undertaking provided by it under and in terms hereof.
2.7.2 The Authority shall not be liable for any omission, mistake or error on the part of the
Applicant in respect of any of the above or on account of any matter or thing arising
out of or concerning or relating to RFP or the Selection Process, including any error or
mistake therein or in any information or data given by the Authority.
2.8 Right to reject any or all Proposals

2.8.1 Notwithstanding anything contained in this RFP, the Authority reserves the right to
acceptor reject any Proposal and to annul the Selection Process and reject all
Proposals, at any time without any liability or any obligation for such acceptance,
rejection or annulment, and without assigning any reasons thereof.
2.8.2 Without prejudice to the generality of Clause 2.8.1, the Authority reserves the right to
reject any Proposal if:
(a) at any time, a material misrepresentation is made or discovered, or
(b) the Applicant does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the Proposal.
(c) key Personal indicated by a firm matches with the Key Personnel of another
Empanelled firm, proposals of both the firms will be rejected without assigning any
reasons thereof.
(d) there is misrepresentation/ improper response by the Applicant, which may lead to
the disqualification of the Applicant. If such disqualification / rejection occurs
after the Proposals have been opened and the highest ranking (i.e. bidder with
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least quote)Applicant gets disqualified /rejected, then the Authority reserves the
right to consider the next best Applicant, or take any other measure as may be
deemed fit in the sole discretion of the Authority, including annulment of the
Selection Process.
B. DOCUMENTS
2.9 Contents of the RFP
2.9.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below
and will additionally include any Addendum / Amendment issued in accordance with
Clause 2.11or any other documents issued by the Authority pursuant to this RFP
(collectively the “Bidding Documents”).
Request for Proposal
1. Introduction
2. Instructions to Applicants
3. Criteria for Evaluation
4. Fraud and corrupt practices
5. Pre-Proposal Conference
6. Miscellaneous
FORMS
Form 1- Forwarding Letter
Form 2- Details of Firm
Form 3-DELETED
Form 4- Approach & methodology proposed for the assignment
Form 5- Curriculum vitae (CV) of key personnel
Form 6- Details of safety consultancy projects in hand of the proposed key
personnel
Form 7-
Annexure I- Forwarding letter of financial proposal
Annexure II- Format of financial proposal: – for development period/
construction period/ maintenance period
Annexure III- Summary of cost
Annexure IV- Break up of cost of assignment
Annexure V- Minimum man months for projects on DBFOT/ HAM/ EPC
basis for each key personnel
SCHEDULES
Schedule I- List of projects
Schedule II- Details of PPP/HAM/EPC/OMT projects
Schedule III- Guidance note on conflict of interest
Schedule IV- No conflict of interest certificate
Schedule V-Procedure for e-tender
Schedule VI- Work plan
Schedule VII- Integrity pact
2.10 Clarifications
2.10.1 Applicants requiring any clarification on the RFP may send their queries to the
Authority in writing before the date mentioned in the Schedule of Selection Process at
Clause 1.8.The envelopes shall clearly bear the following identification:
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“Queries/Request for Additional Information concerning RFP for Appointment of Safety

Consultant for Construction of Road tunnel, Viaduct and Churhat Bypass of Rewa-Sidhi
section of NH-75E from Km 33/200 to Km 55/400 (Design Length 15.35 km.) as Cement
Concrete Pavement configuration in the state of Madhya Pradesh on design, build,
operate and transfer (the “DBFOT Annuity or “Hybrid Annuity”)”
The Authority shall Endeavour to respond to the queries within the period specified
there in but not later than 7 (seven) days prior to the Bid Due Date. The responses will
be notified in the e-tender portal. The Authority will post the reply to all such queries
on the official web site and the e-tender portal.
2.10.2 The Authority reserves the right not to respond to any questions or provide any
clarifications, in its sole discretion, and nothing in this Clause 2.10 shall be construed
asobliging the Authority to respond to any question or to provide any clarification.
2.10.3 The Authority may also on its own motion, if deemed necessary, issue interpretations
and clarifications to all Bidders. All clarifications and interpretations issued by the
Authority shall be deemed to be part of the RFP. Verbal clarifications and information
given by Authority or its employees or representatives shall not in any way or manner
be binding on the Authority.
2.11 Amendment of RFP

2.11.1 At any time prior to the deadline for submission of Proposal, the Authority may, for any
reason, whether at its own initiative or in response to clarifications requested by an
Applicant, modify the RFP document by the issuance of Addendum/ Amendment and
posting it on the Official Website and the e-tender portal .
2.11.2 All such amendments will be notified on the official website and the e-tender portal
along with the revised RFP containing the amendments and will be binding on all
Applicants.
2.11.3 In order to afford the Applicants a reasonable time for taking an amendment into
account, or for any other reason, the Authority may, in its sole discretion, extend the
Proposal Due Date.
C. PREPARATION AND SUBMISSION OF PROPOSAL

2.12 Language
The Proposal with all accompanying documents (the “Documents”) and all
communications in relation to or concerning the Selection Process shall be in English
language and strictly on the forms provided in this RFP. No supporting document or
printed literature shall be submitted with the Proposal unless specifically asked for and
in case any of these Documents is in another language, it must be accompanied by an
accurate translation of the relevant passages in English, in which case, for all purposes
of interpretation of the Proposal, the translation in English shall prevail.
2.13 Format and signing of Proposal

2.13.1 The Applicant shall provide all the information sought under this RFP. The Authority
would evaluate only those Proposals that are received in the specified forms and
complete in all respects.
2.13.2 The Applicant shall prepare one original set of the Proposal (together with originals/
copies of Documents required to be submitted along therewith pursuant to this RFP)
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and clearly marked “ORIGINAL” and submit it online.

2.13.3 The Proposal shall be typed or written in indelible ink and signed by the authorized
signatory of the Applicant who shall initial each page, in blue ink. All the alterations,
omissions, additions, or any other amendments made to the Proposal shall be initialled
by the person(s) signing the Proposal. The Proposals must be properly signed by the
authorized representative (the “Authorized Representative”) as detailed below:
(a) by the proprietor, in case of a proprietary firm; or
(b) by a partner, in case of a partnership firm and/or a limited liability partnership/JV;
or
(c) by a duly authorized person holding the Power of Attorney, in case of a Limited
Company or a corporation.
2.13.4 Applicants should note the Bid Due Date, as specified in Clause 1.8, for submission of
Proposals. Except as specifically provided in this RFP, no supplementary material will
be entertained by the Authority, and that evaluation will be carried out only on the
basis of Documents received by the closing time of Bid Due Date as specified in Clause
2.17.1. Applicants will ordinarily not be asked to provide additional material
information or documents subsequent to the date of submission, and unsolicited
material if submitted will be summarily rejected. For the avoidance of doubt, the
Authority reserves the right to seek clarifications under and in accordance with the
provisions of Clause 2.24.
2.14.1If an individual Key Personnel makes a false averment regarding his qualification,
experience or other particulars, or his commitment regarding availability for the
Project is not fulfilled at any stage after signing of the Agreement, he shall be liable to
be debarred for any future assignment of the Authority for a period of 5 (five) years.
The award of this consultancy to the Applicant may also be liable to cancellation in
such an event.
2.14.2 The Authority reserves the right to verify all statements, information and documents,
submitted by the Applicant in response to the RFP. Any such verification or the lack of
such verification by the Authority to undertake such verification shall not relieve the
Applicant of its obligations or liabilities hereunder nor will it affect any rights of the
Authority there under.
2.14.3In 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 subsistence thereof, that one or more of
the eligibility conditions have not been met by the Applicant or the Applicant has made
material misrepresentation or has given any materially incorrect or false information,
the Applicant shall be disqualified forthwith if not yet appointed as the Consultant
either by issue of the LOA or entering into of the Agreement, and if the Selected
Applicant 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 without the Authority being liable in any manner whatsoever to the Applicant
or Consultant, as the case may be. In such an event, the Authority shall initiate
necessary action as per clause 2.20.1 of this RFP.
2.15 Financial Proposal

2.15.1 Applicants shall submit the financial proposal in the formats at Annexure-II of Form
16
7(the “Financial Proposal”) clearly indicating the total cost of the Consultancy in both
figures and words, in Indian Rupees, and signed by the Applicant’s Authorized
Representative. In the event of any difference between figures and words, the amount
indicated in words shall prevail. In the event of a difference between the arithmetic
total and the total shown in the Financial Proposal, the lower of the two shall prevail.
2.15.2 While submitting the Financial Proposal, the Applicant shall ensure the following:
(i) All the costs associated with the assignment shall be included in the Financial
Proposal. These shall normally cover remuneration for all the Personnel (Expatriate
and Resident, in the field, office etc), accommodation, air fare, equipment,
printing of documents, surveys, geo-technical investigations etc. The total amount
indicated in the Financial Proposal shall be without any condition attached or
subject to any assumption, and shall be final and binding. In case any assumption
or condition is indicated in the Financial Proposal, it shall be considered non-
responsive and liable to be rejected.
(ii) The Financial Proposal shall take into account all expenses and tax liabilities. For
the avoidance of doubt, it is clarified that all taxes shall be deemed to be included
in the costs shown under different items of the Financial Proposal. Further, all
payments shall be subject to deduction of taxes at source as per Applicable Laws.
(iii) Costs (including break down of costs) shall be expressed in INR.
2.16 Submission of Proposal

2.16.1The Applicants shall submit the Proposal in on e-tendering portal with all pages
numbered serially and by giving an index of submissions. Each page of the submission
shall beinitialed by the Authorized Representative of the Applicant as per the terms of
the RFP. In case the proposal is submitted on the document down loaded from Official
Website, the Applicant shall be responsible for its accuracy and correctness as per the
version uploaded by the Authority and shall ensure that there are no changes caused in
the content of the downloaded document. In case of any discrepancy between the
downloaded or photo copied version of the RFP and the original RFP issued by the
Authority, the latter shall prevail.
2.16.2 Deleted.
2.16.3 For participating in the tender, the authorized signatory holding Power of Attorney
shall be the Digital Signatory. In case the authorized signatory holding Power of
Attorney and Digital Signatory are not the same, the bid shall be considered non-
responsive.
2.16.4 The Financial Proposal shall be signed by the Authorized Representative of the
Applicant. All pages of the original Proposal must be numbered and initialed by the
person or persons signing the Proposal.
2.16.5 The completed Proposal must be uploaded on or before the specified time on Bid Due
Date. Proposals submitted by post, fax, telex, telegram or e-mail shall not be
entertained.
2.16.6 The Proposal shall be made in the Forms specified in this RFP. Any attachment to such
Forms must be provided on separate sheets of paper and only information that is
directly relevant should be provided. This may include photocopies of the relevant
pages of printed documents. No separate documents like printed annual statements,
company brochures, copy of contracts etc. will be entertained.
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2.16.7 The rates quoted shall be firm throughout the period of performance of the assignment
upto and including acceptance of the Final Safety Report by the Authority and
dischargeof all obligations of the Consultant under the Agreement.
2.17 Bid Due Date

2.17.1 Proposal should be uploaded at or before 1100 hrs on the Bid Due Date specified at
Clause 1.8 at the address provided in Clause 1.11 in the manner and form as detailed in
this RFP.
2.17.2 The Authority may, in its sole discretion, extend the Bid Due Date by issuing an
Addendum in accordance with Clause 2.11 uniformly for all Applicants.
2.18Late Proposals
Proposals uploaded after the specified time on Bid Due Date shall not be eligible for
consideration and shall be summarily rejected.
2.19 Modification/ substitution/ withdrawal of Proposals

2.19.1The Applicant may modify, substitute, or withdraw its Proposal after submission, prior
to Bid Due Date. No Proposal shall be modified, substituted, or withdrawn by the
Applicant on or after the Bid Due Date.
2.19.2The modification, substitution, or withdrawal notice shall be prepared and uploaded in
accordance with Clause 2.16 marked “MODIFICATION”, “SUBSTITUTION” or
“WITHDRAWAL”, as appropriate.
2.19.3 Any alteration / modification in the Proposal or additional information or material
supplied subsequent to the Bid Due Date, unless the same has been expressly sought
for by the Authority, shall be disregarded.
2.20Bid Securing Declaration

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 60 (sixty) 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 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).
2.20.1.1 Any Bid not accompanied by the Bid Securing Declaration shall be rejected by the
Authority as non-responsive.
2.20.2 Performance Security

2.20.2.1 Within 30 (thirty) days of issue 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-I (the “Performance Security”) for an amount equal to 5%
(five percent) of its Bid Price. Bank guarantee shall be issued by nationalized bank, or
a Scheduled Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one
thousand crore), in favour of the Authority in the format at Appendix-I (the “Bank
Guarantee”). This Bank Guarantee shall be transmitted through SFMS Gateway to
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NHAI’s Bank. In case the Bank Guarantee is issued by a foreign bank outside India,
confirmation of the same by any nationalized bank in India is required. For the
avoidance of doubt, Scheduled Bank shall mean a bank as defined under Section 2(e)
of the Reserve Bank of India Act, 1934.
2.20.2.2 The Performance Security shall be valid for the duration of services plus six months.
2.20.2.3 In the event the Consultant fails to provide the security within 30 days of date of
LOA, it may seek extension of time for a period of 15 (Fifteen) days on payment of
damages for such extended period in a sum of calculated at the rate of 0.1% (Zero
Point One Percent) of the contract price for each day until the performance security
is provided.
2.20.2.4For avoidance of any doubt, in case of failure of submission of Performance Security,
within the additional 15 days’ time period, the award shall be deemed to be
cancelled/ withdrawn and bidder shall be suspended from participation in the
tendering process for the works of MoRTH / NHAI / NHIDCL and works under other
Centrally Sponsored Schemes, for a period of one year from the bid due date of this
work. 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.
2.20.2.5 The Performance Security remaining balance after appropriation of any amounts
under the Agreement shall be returned to the Consultant at the end of 3 (three)
months after the expiration of the services.
D.EVALUATION PROCESS
2.21 Evaluation of Proposals
2.21.1 The Authority shall start downloading the Proposals at 1230 hours on the Bid Due Date,
at the place specified in Clause 1.11.1 and in the presence of the Applicants who
choose to attend.
2.21.2Proposals for which a notice of withdrawal has been submitted in accordance with
Clause2.19 shall not be downloaded/ opened.
2.21.3The Authority reserves the right to reject any Proposal which is non-responsive and no
request for alteration, modification, substitution or withdrawal shall be entertained by
the Authority in respect of such Proposals.
2.21.4 The Authority shall subsequently examine and evaluate Proposals in accordance with
the Selection Process specified in the RFP.
2.21.5 A date, time and venue will be notified to all Applicants for opening of Financial
Proposals. Before opening of the Financial Proposals, the list of pre-qualified and
shortlisted Applicants be read out. The opening of Financial Proposals shall be done in
presence of respective representatives of Applicants who choose to be present. The
Authority will not entertain any query or clarification from Applicants who fail to
qualify at any stage of the Selection Process.
2.21.6 Applicants are advised that selection will be entirely at the discretion of the Authority.
Applicants will be deemed to have understood and agreed that no explanation or
justification on any aspect of the Selection Process or Selection will be given.
2.21.7Any information contained in the Proposal shall not in any way be construed as binding
19
on the Authority, its agents, successors or assigns, but shall be binding against the
Applicant if the Consultancy is subsequently awarded to it.
2.22 Confidentiality
Information relating to the examination, clarification, evaluation, and recommendation
for the selection of Applicants shall not be disclosed to any person who is not officially
concerned with the process or is not a retained professional adviser advising the
Authority in relation to matters arising out of, or concerning the Selection Process. The
Authority will treat all information, submitted as part of the Proposal, 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.
2.23 Tests of responsiveness

Prior to evaluation of Proposals, the Authority shall determine whether each Proposal
is responsive to the requirements of this RFP. A Proposal shall be considered responsive
only if:
a) it is uploaded on the portal as per the format;
b) The Key Persons named are as per Empanelment.
c) it is received by the Bid Due Date including any extension thereof pursuant to Clause
2.17.2;
d) it is accompanied by the Bid Securing declaration as specified in Clause 2.20;
e) it contains all the information (complete in all respects) as requested in this RFP and/
or Bidding Documents (in formats same as those specified);
f) it does not contain any condition or qualification.
g) It is digitally signed by person holding Power of Attorney and Power of Attorney is
uploaded on e-tender portal as specified in clause 2.13.3 and 2.16.3; and
h) it is not non-responsive in terms hereof.
2.24 Clarifications
2.24.1 To facilitate evaluation of Proposals, the Authority may, at its sole discretion, seek
clarifications from any Applicant regarding its Proposal. 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.
2.24.2 If an Applicant does not provide clarifications sought under Clause 2.24.1 above within
the specified time, its Proposal shall be liable to be rejected. In case the Proposal is
not rejected, the Authority may proceed to evaluate the Proposal by construing the
particulars requiring clarification to the best of its understanding, and the Applicant
shall be barred from subsequently questioning such interpretation of the Authority.
E. APPOINTMENT OF CONSULTANT
2.25 Negotiations
2.25.1 The Selected bidder may, if necessary, be invited for negotiations. The negotiations
shall generally not be for reducing the price of the Proposal, but will be for re-
confirming the obligations of the Consultant under this RFP. Issues such as availability/
20
deployment of Key Personnel as per empanelment, understanding of the RFP,

methodology and quality of the work plan shall be discussed during negotiations. In
case the Selected Applicant fails to reconfirm its commitment, the Authority reserves
the right to designate the next ranked Applicant as the Selected Applicant and invite it
for negotiations.
2.25.2 The Authority will ensure presence of all key Professional Personnel in person and those
not found available shall be dealt as per Clause 2.26.1.
2.26 Substitution of Key Personnel

2.26.1 During negotiation, Firm will not be allowed to change the key personnel as proposed
at the time of empanelment; bids of those firms which propose change of Key
Personnel during negotiation shall be liable to be cancelled and the negotiation will be
carried out with the next ranked applicant.
2.26.2 During implementation of the Agreement, the Authority expects all the Key Personnel
to be available. The Authority will not consider substitution of Key Personnel.
2.27 Indemnity
The Consultant shall, subject to the provisions of the Agreement, indemnify the
Authority for an amount not exceeding 3 (three) times the value of the Agreement for
any direct loss or damage that is caused due to any deficiency in services.
2.28 Award of Consultancy

After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the
Authority to the Selected Applicant and the Selected Applicant shall, within 7
(seven)days of the receipt of the LOA, sign and return the duplicate copy of the LOA in
acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by
the Selected Applicant is not received by the stipulated date, the Authority may,
unless it consents to extension of time for submission thereof, disqualify the selected
applicant, and the next highest ranking Applicant may be considered. In such an event,
Authority may also initiate necessary action as per clause 2.20.1 of RFP.
2.29 Execution of Agreement

After having received the performance security and verified it, the Client shall invite
the selected bidder for signing of Contract Agreement on a date and time convenient
to both parties within 15 days of receipt of valid Performance Security.
2.30 Commencement of Assignment

The Consultant shall commence the Services at the Project site within 7 (seven) days of
the date of the Agreement, or such other date as may be mutually agreed. If the
Consultant fails to either sign the Agreement as specified in Clause 2.29 or commence
the assignment as specified herein, the Authority may invite the second ranked
Applicant for negotiations. In such an event, Authority may also initiate necessary
action as per clause 2.20.1 of RFP.
2.31 Proprietary Data

Subject to the provisions of Clause 2.22, all documents and other information provided
by the Authority or submitted by an Applicant to the Authority shall remain or become
the property of the Authority. Applicants and the Consultant, as the case may be, are
21
to treat all information as strictly confidential. The Authority will not return any
Proposal or any information related thereto. All information collected, analysed,
processed or in whatever manner provided by the Consultant to the Authority in
relation to the Consultancy shall be the property of the Authority.
2.32 Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection of any
Proposal. Proposals 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 Proposals are under consideration, Applicants 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 Proposals
under consideration.
3. CRITERIA FOR EVALUATION
3.1 Evaluation of Proposal

3.1.1 In the 1ststage, the responsiveness of the applicant’s proposal shall be checked as per
the test of responsive mentioned in this RFP. The bidders found responsive shall be
shortlisted and will be notified in the official website/ e-tender portal.
3.2Evaluation of Financial Proposal

3.2.1 The financial evaluation will be carried out for all the responsive proposals as
specified in RFP.
3.2.2 For financial evaluation, the total cost indicated in the Financial Proposal, excluding
Additional Costs, will be considered. Additional Costs shall include items specified as
such in Form-2 of Appendix-II.
3.2.3 The Authority will determine whether the Financial Proposals are complete, unqualified
and unconditional. The cost indicated in the Financial Proposal shall be deemed
as final and reflecting the total cost of services. Omissions, if any, in costing any item
shall not entitle the firm to be compensated and the liability to fulfil its obligations as
per the TOR within the total quoted price shall be that of the Consultant.
3.2.4 The Selected Applicant shall be the first ranked Applicant (having the lowest
quote). The second ranked Applicant shall be kept in reserve and may be invited in
case the first ranked Applicant withdraws, or fails to comply with the
requirements specified in Clauses of RFP.
4. FRAUD AND CORRUPT PRACTICES

4.1 The Applicants and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Selection Process. Notwithstanding
anything to the contrary contained in this RFP, the Authority shall reject a Proposal
without being liable in any manner whatsoever to the Applicant, if it determines that
the Applicant has, directly or indirectly or through an agent, engaged in corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice (collectively the “Prohibited Practices”) in the Selection Process. In such an
22
event, the Authority shall be entitled to suspend the bidder from participation in the
tendering process for the works of MoRTH/NHAI/NHIDCL and works under other
Centrally Sponsored Schemes, for a period of one year from the bid due date of this
work or forfeit and appropriate the Performance Security, as the case may be, as
mutually agreed genuine pre-estimated compensation and damages payable to the
Authority for, inter alia, time, cost and effort of the Authority, in regard to the RFP,
including consideration and evaluation of such Applicant’s Proposal.
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, if
an Applicant or Consultant, 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 Selection Process, or after the issue of the LOA or the execution of the
Agreement, such Applicant or Consultant 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 Applicant or Consultant, as the case may be, is found by the Authority to have
directly or through an agent, engaged or indulged in any corrupt practice, fraudulent
practice, coercive, practice, undesirable practice or restrictive practice, as the case
may be.
4.3 For the purposes of this Section, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a)“corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or
indirectly, of anything of value to influence the action of any person connected
with the Selection Process (for avoidance of doubt, offering of employment to or
employing or engaging in any manner whatsoever, directly or indirectly, any
official of the Authority who is or has been associated in any manner, directly or
indirectly with the Selection Process or the LOA or has dealt with matters
concerning the Agreement or arising there from, before or after the execution
thereof, at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of the Authority,
shall be deemed to constitute influencing the actions of a person connected with
the Selection Process); or (ii) save as provided herein, engaging in any manner
whatsoever, whether during the Selection Process or after the issue of the LOA or
after the execution of the Agreement, as the case may be, any person in respect
of any matter relating to the Project or the LOA or the Agreement, who at any
time has been or is a legal, financial or technical consultant/ adviser of the
Authority in relation to any matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or disclosure
of incomplete facts, in order to influence the Selection Process;
(c)“coercive practice” means impairing or harming or threatening to impair or harm,
directly or indirectly, any persons or property to influence any person’s
participation or action in the Selection 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 Selection
Process; or (ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or
23
arrangement among Applicants with the objective of restricting or manipulating

full and fair competition in the Selection Process.
5. PRE-PROPOSAL CONFERENCE
5.1 Only those Applicants, who have downloaded the RFP from the Official Website for the
Authority, shall be allowed to participate in the Pre-Proposal Conference. Pre-Proposal
Conference shall be convened at the designated date, time and place as mentioned in
clause 1.10. A maximum of two representatives of each Applicant shall be allowed to
participate on production of authority letter from the Applicant.
5.2 During the course of Pre-Proposal Conference, the Applicants will be free to seek
clarifications and make suggestions for consideration of the Authority. The Authority
shall Endeavour to provide clarifications and such further information as it may, in its
sole discretion, consider appropriate for facilitating a fair, transparent and competitive
Selection Process.
6. MISCELLANEOUS
6.1 The Selection Process shall be governed by, and construed in accordance with, the laws of
India and the Courts at ***** shall have exclusive jurisdiction over all disputes arising
under, pursuant to and/or in connection with the Selection 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 Selection Process and/or amend and/or supplement the
Selection Process or modify the dates or other terms and conditions relating
thereto;
(b) consult with any Applicant 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 Applicant; and/or
(d) independently verify, disqualify, reject and/or accept any and all submissions
orother information and/or evidence submitted by or on behalf of any Applicant.
6.3 It shall be deemed that by submitting the Proposal, the Applicant 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
herewith and waives any and all rights and/or claims it may have in this respect,
whether actual or contingent, whether present or future.
6.4 The Performance Security as per provisions of this RFP document as Damages are
mutually agreed genuine pre-estimated loss and damage likely to be suffered and
incurred by the Party entitled to receive the same and are not by way of penalty (the
“Damages”).
6.5 All documents and other information supplied by the Authority or submitted by an
Applicant shall remain or become, as the case may be, the property of the Authority.
The Authority will not return any submissions made hereunder. Applicants are required
to treat all such documents and information as strictly confidential.
6.6 The Authority reserves the right to make inquiries with any of the clients listed by the
24
Applicants in their previous experience record.

6.7 Time shall be of the essence in the performance of the Bidders’ respective obligations
under this RFP document. If any time period specified herein is extended, such
extended time shall also be of the essence.
6.8 The rule of construction, if any, that a contract should be interpreted against the
parties responsible for the drafting and preparation thereof, shall not apply.
6.9 Any documentation required to be provided or furnished by the Bidder(s) to the
Authority shall be provided free of cost.
6.10 Any word or expression used in this RFP Document shall, unless otherwise defined or
construed in this RFP Document, bear its ordinary English meaning and, for these
purposes, the General Clauses Act 1897 shall not apply.
6.11 For the avoidance of doubt and abundant clarity, it is hereby clarified that in case of
any ambiguity or inconsistency in the Bidding Process to be undertaken as per terms
hereof, priority shall, notwithstanding anything contained in this RFP, be accorded to
the construction and/or interpretation and/or approach which, in the prudent and
reasonable estimation of the Authority exclusively, ensures a competitive and
transparent Bidding Process as per the Applicable Laws and internationally acclaimed
standards.
25
FORMAT FOR SUBMISSION OF THE PROPOSAL FOR APPOINTMENT OF SAFETY

CONSULTANT
FORMS
Form 1- Forwarding Letter
Form 2- Details of Firm
Form 3- DELETED
Form 4- Approach & methodology proposed for the assignment
Form 5- Curriculum vitae (CV) of key personnel
Form 6- Details of safety consultancy projects in hand of the proposed
key personnel
Form 7-
Annexure I- Forwarding letter of financial proposal
Annexure II- Format of financial proposal: – for development
period/ construction period/ maintenance period
Annexure III- Summary of cost
Annexure IV- Break up of cost of assignment
Annexure V- Minimum man months for projects on DBFOT/ HAM/
EPC basis for each key personnel
SCHEDULES
Schedule I- List of projects
Schedule II- Details of PPP/HAM/EPC/OMT projects
Schedule III- Guidance note on conflict of interest
Schedule IV- No conflict of interest certificate
Schedule V-Procedure for e-tender
Schedule VI- Work plan
Schedule VII- Integrity pact
26
Form – 1
Forwarding Letter
Sub: Safety Consultant for PPP Projects on DBFOT/HAM basis/OMT/EPC Projects-

Application for appointment of Safety Consultant.
Dear Sir,
With reference to your RFP document dated*****, I/we, having examined the RFP
document and under stood its contents, hereby submit my/our Application for appointment
of Safety Consultant for Projects on DBFO/HAM basis/OMT/EPC/O&M/Item Rate Projects. The
Application is un conditional and unqualified.
2 All information provided in the Application, Appendices and Annexure are true and
correct and all documents accompanying such Application are true copies of their respective
originals.
3 I/We acknowledge the right of the Authority to reject our Application with out
assigning any reason or otherwise and hereby waive our right to challenge the same on any
account what so ever.
4 I/We certify that in the last three years, I/we or any of the Members of Joint Venture
have neither failed to perform on any contract, as evidenced by imposition of a penalty
or a judicial pronouncement or arbitration award, nor been expelled from any project
torcontractnorhavehadanycontractterminatedforbreachonourpart.
5. I/WeagreeandundertaketoabidebyallthetermsandconditionsoftheRFP document.
Inwitnessthereof,I/Wesubmitthisapplicationunderandinaccordancewiththe
termsoftheRFPdocument.
Yoursfaithfully,
Date:
Place:
(SignatureoftheAuthorizedRepresentative)
(Nameanddesignation)
NameandsealoftheFirm
27
Form – 2
Details of Firm
(to be furnished by individual firm)
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:
1. Brief description of the Company including details of its main lines of business and
proposed role and responsibilities in this Project:
2. Month/ Year of incorporation of firm/ organization.
Name of Month/ Year Type of Organization

firm/ of Count Individual Partnership Corporation Others
organization incorporation ry (pl.
describe)
Note: A copy of Certificate of Incorporation is to be furnished.
2. Office/Business Address/Telephone nos.

3. Total experience in consultancy: …….Years
4. Consultancy Experience in Road & Bridge Projects: ………Years
5. INFRACON ID of the firm:-
28
Form-3
DELETED
29
Form-4
(See clause 2.25.1)

APPROACH & METHODOLOGY PROPOSED FOR THE ASSIGNMENT
The firm/ organization based on its experience and after reviewing Schedule ‘L’ of
MCA shall:
1. list out the major tasks for safety audits during development (design audit) or
construction stages (development/ construction/) or maintenance stages
separately for Road & Bridge Projects.
2. propose sequencing of the tasks so as to complete the assignment within the

timelines given in Schedule ‘L’ /Schedule “H” of Concession Agreement/
Clause 10.1 of EPC agreement.
3. list out the documents required for auditing;
4. propose checklist of items/ issues under each task; and
5. list out the staff inputs, equipment and system required for conducting the
safety audit as per above tasks/ checklists. Please mention the systems
available or any systems exclusively developed by your firm to conduct such
audits.
30
Form – 5
CURRICULUM VITAE (CV) OF KEY PERSONNEL(as submitted for empanelment)
1. Proposed Position: _______________________________________

2. Name of Firm: __________________________________________
3. Name of Key Personnel& Infracon ID: _____________________________
Recent
4. Profession: _____________________________________________ photograph
5. Date of Birth: _______________________ (pl. enclose proof)
6. Nationality: ___________________________________________________________
7. Years with Firm / Entity: ________________________________________________
8. Membership of Professional Societies: _____________________________________
Publication: (List of details of major technical reports/papers published in
recognized national and international journals)
9. Detailed Task Assigned: ________________________________________________
10. Educational Qualification:
(Summarize college/university and other specialized education of staff member,
giving names of schools, dates attended and degrees obtained). (Please enclose proof
of qualification)
11. Employment Record:
(Starting with present position, list in reverse order, every employment held. List all
positions held by staff member since graduation, giving dates, names of employing
organization, title of positions held and location of assignments. For experience
period of specific assignment must be clearly mentioned, also give NHAI references,
where appropriate).
12. Summary of the CV
(Furnish a summary of the above CV. The information in the summary shall be precise
and accurate. The information in the summary will have bearing on the evaluation of
the CV).
A) Education:
Field of Graduation and year
Field of post-graduation and year
Any other specific qualification
B) Experience
Total Experience in the field relevant to the assignment: ___________ Yrs
Break-up of Total Experience, field – wise:
Responsibilities held No. of Years
(i)
31
(ii)
(iii)
Relevant Specific Experience: ____________ Yrs.
C) Permanent Employment with the Firm (Yes/No):

If yes, how many years :
If no, what is the employment :
Arrangement with the firm? :
13. Details of the current relevant assignment and the time duration for which services
are required for the current assignment.
UNDERTAKING FROM THE PROFESSIONAL
I, the undersigned, (Name and Address) undertake that this CV correctly describes
myself, my qualification and my experience and NHAI would be at liberty to debar me
if any information given in the CV, in particular the Summary of Qualification &
Experience vis-à-vis the requirements as per RFP is found incorrect. I further
undertake that I have neither been debarred by NHAI nor left any assignment with the
consultants engaged by NHAI / contracting firm for any continuing work of NHAI
without completing my assignment. I will be available to undertake the safety
audit assignments for a minimum period of 12 months. If I leave this assignment in
the middle of the work, NHAI would be at liberty to debar me from taking any
assignment in any of the NHAI works for an appropriate period of time to be
decided by NHAI. I have no objection if my services are extended by NHAI for this
work in future.
I further undertake that if due to my inability to work on this project due to

unavoidable circumstances, due to which consultant’s firm is forced to seek
replacement. In such unavoidable circumstances, I shall not undertake any
employment in NHAI projects during the period of assignment of this project and
NHAI shall consider my CV invalid till such time.
For key personnel having intermittent inputs, add the following:
“I further certify that I am associated with the following assignments as on date (as
on 7 days prior to due date of submission of proposal) including those for which LOA
has been received by the firm and the inputs in these assignments.
Signature of the Candidate ____________________
Place ____________________
Date ____________________
32
UNDERTAKING FROM CONSULTING FIRM
The undersigned on behalf of ---------- (name of consulting firm) certify that the
details of qualification and experience of Shri ------ (name of the proposed personnel
and address) as described in the CV has been checked and found to be correct. It is
also certified that Shri-------- (name of proposed personnel) to the best of our
knowledge has neither been debarred by NHAI nor left his assignment with any
other consulting firm engaged by NHAI/Contracting firm (firm to be supervised now)
for the ongoing projects. We understand that if the information about leaving
the past assignment is known to NHAI, it would be at liberty to remove the
personnel from the present assignment and debar him for an appropriate period to be
decided by NHAI.
Signature of the Authorized Representative of the firm____________________
Place ____________________
Date ____________________
Note: i) Personnel is to affix his recent photograph on 1st page of CV.
ii) Complete Address and Phone Number of the Personnel is to be

provided.
iii) Document for proof of age is to be enclosed.
iv) Documents for proof of qualifications shall be as uploaded in

INFRACON.
v) Deleted.
vi) Age of personnel shall not be more than as specified.
vii) Each page of the CV shall be signed in ink by both the staff member
and the Authorized Representative of the firm before scanning and
uploading on the e-tender portal.
viii) The NHAI may verify the details mentioned in CV by writing to the
Employer indicated in the CV. The individual and the consultancy firm
shall be liable for debarment for any incorrect information.
33
Form-6
Details of Safety Consultancy Projects in hand of the proposed Key Personnel

S. No. Name of Key Name of Project in hand of Position in which the Key
Personnel the Key Personnel as on 7 Personnel is Deployed in
days prior to the due date of the Project
this RFP
Place ____________________
Date ____________________
We hereby undertake that the information provided above is correct and true to the best of
our knowledge and in the event of any misrepresentation or the above information found to
be false or incorrect, shall entitle NHAI to terminate our contract and NHAI shall be within
its right to take appropriate action against the Key Personnel as well as against the Applicant
Firm.
We further undertake to forgo our right to contest in case any action is taken by NHAI on the
account mentioned above.
Place ____________________
Date ____________________
34
Form -7
Annexure-I
Formats of Financial Proposal and Payment Terms:
FORWARDING LETTER OF FINANCIAL PROPOSAL
FROM: TO:
________________________ ________________________
________________________ ________________________
________________________ ________________________
Sir:
Subject: Appointment of Safety Consultants for “PPP projects on DBFO T/OMT
/………. basis” - Financial/ Price Proposal.
We____________________________________ firm/organization herewith enclose the

*Financial/ Price Proposal for selection of our firm/organization as Safety Consultant
for Project mentioned at Sl. No.1, 2, 3, 4 ….. (name of the Project). We confirm that
this offer is valid for 60 days from due date for submission of this proposal.
We undertake that, in competing for and, if the award is made to us, in executing the
above contract, we will strictly observe the laws against fraud and corruption in force
in India namely “Prevention of Corruption Act 1988”.
Yours faithfully,
Signature________________
Full Name_______________
Designation______________
Address_________________
(Authorized Representative)
Note: - The Financial/ Price Proposal shall be filled strictly in the prescribed formats. The
proposals not in the prescribed formats and not containing full details shall be
rejected.
35
Form-7
Annexure-II
Format of Financial Proposal: – FOR DEVELOPMENT PERIOD/ CONSTRUCTION PERIOD/

MAINTENANCE PERIOD
Name of Project: __________________________________________________________
Total length of the Project: __________ Project No. _______________
S. Description of services Amount Quoted

No
Figure Words
A Conducting Safety Audit including

Remuneration of Experts / Key Personnel &
support staff, boarding & lodging,
Transportation, Reports & Documents,
Deliverables, Cost of Office Space,
Equipment, Computer Hardware/
Software, etc. required for the assignment
inclusive of all Other Costs inclusive of all
taxes and insurance etc. for Development
Phase.
B Conducting Safety Audit including

Remuneration of Experts / Key Personnel &
support staff, boarding & lodging,
Transportation, Reports & Documents,
Deliverables, Cost of Office Space,
Equipment, Computer Hardware/
Software, etc. required for the assignment
inclusive of all Other Costs inclusive of all
taxes and insurance etc. for Construction
Phase/ Maintenance phase.
Total Fee of Assignment (A+B)
(Separate sheet for each Project no.)
NOTE:
(i) Rate quoted shall include all expenditure required for the assignment.
36
(ii) The Financial Proposal shall take into account all types of tax liabilities including cost of
insurance, except GST.
(iii) The firms/ organizations shall take full responsibility for accuracy in assessment of above
amounts.
(iv) The Consultation Service Tax will be reimbursed on demand
(v) The payment shall be made as per payment schedule given in ToR.
(vi) Break up of cost of Assignment is to be given in Annexure IV of Form 7.
(vii) In case, bidder does not submit break down of cost of the Assignment, then his bid will be
considered as non-responsive.
(viii) The payment to the consultant will be made as per deliverable made by them and it will
be guided as per time line of deliverable mentioned in RFP
(ix) For OMT Projects format of financial proposal will remain the same as per BOT projects on
DBFOT basis.
37
Form-7
Annexure-III
SUMMARY OF COST
S.No Project / Total Amount for Development & Construction/Maintenance Phase

Package No (A + B)
Amount in Figure (Rs.) Amount in Words (Rs.)

1.
2.
3.
4.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Note : For OMT Projects this sheet will be same.
Form-7
38
Annexure IV
Break up of Cost of Assignment

1 (A) Remuneration of Key Personnel / Experts and Support Staff
Whether the Sl. No.

Name of Key of Key
Personnel was Personn
included in el in
S. Amou
document for the List Input of Staff Man
No Position nt
Name empanelment of Rate months*
. (In
or not docume
Rs.)
nts for
empane
lment
Experts / at at Total
Key Personnel office site
1. Sr. Road Safety

Auditor / Team
Leader
2 Traffic Planner
Sub-Total
Support Staff Need

not
be
name
d
1.
2.
3.
Sub-Total
minimu
TOTAL
39
Form-7
Annexure-V
Man months for the Project of Churhat Bypass (15.35km) on HAM for each Key Personnel are as
under:
Sl. Key Personnel Construction Operation/Maintenance Total

No. (Home +Site) (Home + Site)
1. Sr. Road Safety 1 months 2 months 3 months
Auditor/Team
Leader
2. Traffic Planner 1 month 1 months 2 months
1 (B) Boarding & Lodging and Per Diem for Site Visits
- Experts/ Key Personnel
__ person-days @ _____
- Support Staff
__ person-days @ _____
Total _____(In Rs.)
2 (A) Transportation at Site and Head Office
Vehicles …… Vehicle-month @ Rs. per vehicle-month = Rs. ___________
Total ___________(in Rs.)
2 (B) Duty Travel to Site
- Experts/ Key Personnel
__ round-trips @ _____
- Support Staff
__ round-trips @ _____
Total _____(In Rs.)
40
3. Reports and Document Costs
Sl No. Description No. of copies Rate (Rs.) Amount (Rs.)
4. Cost of office space, equipment, computer hardware/software etc. required for the
assignment. (In Rs.)
5. Other Cost (Pl. describe)
41
Schedule-I
LIST OF PROJECTS
(for which safety consultants are to be appointed)
State : Madhya Pradesh Number of Projects- __________ Total lengths- 15.35
S. Package No. Name of Project Length (km)

No.
Name and
Stretch with
Chainages
1. Construction of Road tunnel, 15.35

Viaduct and Churhat Bypass of
Rewa-Sidhi section of NH-75E from
Km 33/200 to Km 55/400 (Design
Length 15.35 km.) as Cement
Concrete Pavement configuration in
the state of Madhya Pradesh on
design, build, operate and transfer
(the “DBFOT Annuity or “Hybrid
Annuity”)
42
Schedule-II
DETAILS OF PPP/HAM/EPC/OMT PROJECTS

FOR WHICH SAFETY CONSULTANTS ARE TO BE APPOINTED
State : ________
Total Length
Project No. ________
1. Name of the Project: Construction of Road tunnel, Viaduct and Churhat

Bypass of Rewa-Sidhi section of NH-75E from Km
33/200 to Km 55/400 (Design Length 15.35 km.) as
Cement Concrete Pavement configuration in the state of
Madhya Pradesh on design, build, operate and transfer
(the “DBFOT Annuity or “Hybrid Annuity”)
2. Project No.
3. Length (km) 15.35
4. Date of Award
5. Date of signing of Concession

Agreement
6. Name of Concessionaire
7. Concession period
8. Construction period
9. Project Status
10. Name of Independent Engineer/

Authority’s Engineer
11. Status of IE/AE
12 Appointed Date
13. Physical Progress achieved
14. Name of the concerned GM/DGM at

HQ, Mobile No.
15. Name of the Project Director,

Mobile no.
16. Technical Schedule A,B,C, D
43
Schedule-III
(See Clause 2.3.3)
GUIDANCE NOTE ON CONFLICT OF INTEREST
Guidance Note on Conflict of Interest

1. This Note further explains and illustrates the provisions of Clause 2.3 of the RFP and shall
be read together therewith in dealing with specific cases.
2. Consultants should be deemed to be in a conflict of interest situation if it can be
reasonably concluded that their position in a business or their personal interest could
improperly influence their judgment in the exercise of their duties. The process for
selection of consultants should avoid both actual and perceived conflict of interest.
3. Conflict of interest may arise between the Authority and a consultant or between
consultants and present or future concessionaries/ contractors. Some of the situations
that would involve conflict of interest are identified below:
(a) Authority and consultants:
(i) Potential consultant should not be privy to information from the Authority which is not
available to others; or
(ii) Potential consultant should not have defined the project when earlier working for the
Authority; or
(iii) Potential consultant should not have recently worked for the Authority overseeing the
project.
(b) Consultants and concessionaires/contractors:
(i) No consultant should have an ownership interest or a continuing business interest or an
on-going relationship with a potential concessionaire/contractor save and except
relationships restricted to project-specific and short-term assignments; or
(ii) No consultant should be involved in owning or operating entities resulting from the
project; or
(iii) No consultant should bid for works arising from the project.
The participation of companies that may be involved as investors or consumers and officials of
the Authority who have current or recent connections to the companies involved, therefore,
needs to be avoided.
4. The normal way to identify conflicts of interest is through self-declaration by consultants.
Where a conflict exists, which has not been declared, competing companies are likely to bring
this to the notice of the Authority. All conflicts must be declared as and when the consultants
become aware of them.
5. Another approach towards avoiding a conflict of interest is through the use of “Chinese walls”
to avoid the flow of commercially sensitive information from one part of the consultant’s
company to another. This could help overcome the problem of availability of limited numbers
of experts for the project. However, in reality effective operation of “Chinese walls” may be
a difficult proposition. As a general rule, larger companies will be more capable of adopting
Chinese walls approach than smaller companies. Although, “Chinese walls” have been
relatively common for many years, they are an increasingly discredited means of avoiding
conflicts of interest and should be considered with caution. As a rule, “Chinese walls” should
44
be considered as unacceptable and may be accepted only in exceptional cases upon full
disclosure by a consultant coupled with provision of safeguards to the satisfaction of the
Authority.
6. Another way to avoid conflicts of interest is through the appropriate grouping of tasks. For
example, conflicts may arise if consultants drawing up the terms of reference or the proposed
documentation are also eligible for the consequent assignment or project.
7. Another form of conflict of interest called “scope–creep” arises when consultants advocate
either an unnecessary broadening of the terms of reference or make recommendations which
are not in the best interests of the Authority but which will generate further work for the
consultants. Some forms of contractual arrangements are more likely to lead to scope-creep.
For example, lump-sum contracts provide fewer incentives for this, while time and material
contracts provide built in incentives for consultants to extend the length of their assignment.
8. Every project contains potential conflicts of interest. Consultants should not only avoid any
conflict of interest, they should report any present/ potential conflict of interest to the Authority
at the earliest. Officials of the Authority involved in development of a project shall be
responsible for identifying and resolving any conflicts of interest. It should be ensured that
safeguards are in place to preserve fair and open competition and measures should be taken to
eliminate any conflict of interest arising at any stage in the process.
45
Schedule-IV
(See clause 2.3)
No Conflict of Interest Certificate
Assignment of Safety Consultant -
Name of Project :
Name of Concessionaire/Contractor:
Name of Independent Engineer (IE)/ Authority’s Engineer (AE) :
On behalf of our firm/organization and the proposed team members for the assignment of Safety
Consultant for above mentioned project, we certify that
(i) We have no financial interest in any of the above mentioned entities or in the contracts
of the Concessionaire/ Contractor and IE/AE of above mentioned project.
(ii) We have had no previous employment by or financial ties to any of above mentioned
entities except for the following fee based consultancy services.
S. Name of Project Fee received from M/s Consultancy Fee Received (Rs.)
No.
(iii) We have no professional or personal relationship with the above mentioned entities.
(iv) In case we are selected for the assignment, we shall not accept any direct/ indirect
employment/ consultancy with the above mentioned entities during the period of
assignment.
(v) During the period of assignment, we shall not engage in discussion or make any
agreement with the above entities regarding employment/ consultancy after the
assignment is over.
(vi) We shall remain impartial and independent of above entities.
(vii) We understand that NHAI may forfeit our security or blacklist or debar us for a minimum
2 years period in case any of above certifications is found incorrect.
(Signature of Authorized Representative)
46
Schedule-V
PROCEDURE FOR E-TENDER
(Note: RFP stands modified to the extent required as per these instructions).
(A) Accessing/ Purchasing of BID documents
(i) It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC) (in the name of Authorized Signatory / Firm or Organisation / Owner of the
Firm or Organisation) 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 NHAI.
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 favour
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.
(ii) To participate in the bidding, it is mandatory for the Bidders to get registered
their firm with e-procurement portal https://etenders.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.
(iii) If the firm 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.
(iv) The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal https://etenders.gov.as per schedule mentioned in clause 1.8
of this RFP.
(B) Preparation & Submission of BIDs:
(i) The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement is also available on e-
procurement portal.
(ii) 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.
(iii) Bid must be submitted online only through e-procurement portal
https://etenders.gov.in using the digital signature of authorised representative of
the Bidder on or before 04.08.2020 (upto 1200 hours IST).
47
(C) Modifications/ Substitution/ withdrawal of BIDs
(i) 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.
(ii) 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.
48
Schedule-VI
WORK PLAN
Work Plan (in the Form of Bar Chart)
(1st, 2nd, etc. are weeks from the date of commencement of assignment)
Weeks
Sl. 1. DDescription Persons in the team
of task responsible for the
No. 1st 2nd 3rd 4th
task
(A) Development Stage
(i)
(ii)
(iii)
(B) Construction
Stage/maintenance
Stage
(i)
(ii)
(iii)
49
Schedule-VII
INTEGRITY PACT
(To be executed on plain paper and submitted along with Technical Bid/Tender documents for
tendershaving a value between Rs.5 Cr and 100 Cr. To be signed by the bidder and same
signatory competent/ authorized to sign the relevant contract on behalf of the NHAI)
(Road Safety Cell)
This integrity Pact is made at _____ on this _________day of ________20**
Between
National Highways Authority of India (NHAI), a statutory body constituted under the National
Highways Authority of India Act, 1988, which has been entrusted with the responsibility of
development, maintenance and management of National Highways, having its office at G-5 & G-
6, Sector-10, Dwarka, New Delhi, hereinafter referred to as “The Principal”, which expression
shall unless repugnant to the meaning or contract thereof include its successors and permitted
assigns.
and
___________________________________ hereinafter referred to as “The
Bidder/Contractor/Concessionaire/Consultant” and whichexpression shall unless repugnant to
be meaning or contextthereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedures, contract/s
for“Appointment of Safety Consultant for [Project]”. 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) 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 stipulated 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.
50
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 contracts,
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
51
Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) from the tender process.
(2) If the Bidder/ Contractor/ Concessionaire/ Consultant 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/ Contractor/ Concessionaire/ Consultant 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/ Contractor/ Concessionaire/ Consultant and the amount
of the damage. The exclusion will be imposed for a minimum of 1 year.
(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/ Contractor/ Concessionaire/ Consultant 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/ Contractor/ Concessionaire/ Consultant shall be
final and binding on the Bidder/ Contractor/ Concessionaire/ Consultant.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of integrity
pact, the Bidder/ Contractor/ Concessionaire/ Consultant shall not be entitled for any
compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder/ Contractor/
Concessionaire/ Consultant could be revoked by the Principal if the Bidder/ Contractor/
Concessionaire/ Consultant 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 suspend the bidder from
participation in the tendering process for the works of MoRTH / NHAI / NHIDCL and works
under other Centrally Sponsored Schemes, for a period of one year from the bid due date
of this work 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.
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Article – 5 Previous Transgression
(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.
(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 treatments of all Bidders/Contractors/Concessionaires/Consultants/ Sub-

contractors.
(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 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 this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/ determined by Chairman
of NHAI.
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 a partnership or a consortium, this
53
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 provisions of the extant 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 Consultant)

(Office Seal)
Place________
Date_________
Witness 1:
(Name & Address): ____________________
Witness 2:
(Name & Address):_____________________
54
DRAFT CONTRACTAGREEMENT
For Safety Consultant for Package No. ------- *(Development and Construction) period of
the ------------------------------------ from km. ---- to km.------- in State of-------------
*in case of OMT Projects, it will be read as “Development and Maintenance”.
AGREEMENT No._________
This AGREEMENT (hereinafter called the “Agreement”) is made on the _________ day of the
month of ________ 2***, between, NHAI on the one hand, (hereinafter called the “Authority”
which expression shall include their respective successors and permitted assigns, unless the
context otherwise requires) and, on the other hand, ________________________ (hereinafter
called the “Consultant” which expression shall include their respective successors and permitted
assigns).
WHEREAS
(A) The Authority vide its letter_____ dated _______ has invited Request for Proposal for
Appointment of Safety Consultant (hereinafter called the “Consultancy”) for [2/4/6/8-
laning or OMT of ***** highway] (hereinafter called the “Project”);
(B) the Consultant has submitted its proposals for the aforesaid work, whereby the Consultant
represented to the Authority that it had the required professional skills, and in the said
proposals the Consultant also agreed to provide the Services to the Authority on the terms
and conditions as set forth in the RFP and this Agreement; and
(C) the Authority, on acceptance of the aforesaid proposals of the Consultant, awarded the
Consultancy to the Consultant vide its Letter of Award dated _____________ (the “LOA”);
and
(D) in pursuance of the LOA, the parties have agreed to enter into this Agreement.
NOW, THEREFORE, the parties hereto hereby agree as follows:
1. GENERAL
1.1 Definitions and Interpretation
1.1.1 The words and expressions beginning with capital letters and defined in this Agreement
shall, unless the context otherwise requires, have the meaning hereinafter respectively
assigned to them:
(a) “Agreement” means this Agreement, together with all the Annexes;
(b) “Agreement Value” shall have the meaning set forth in Clause 6.1.2;
(c) “Applicable Laws” means the laws and any other instruments having the force of law in
India as they may be issued and in force from time to time;
(d) “Confidential Information” shall have the meaning set forth in Clause 3.3;
(e) “Conflict of Interest” shall have the meaning set forth in Clause 3.2 read with the
provisions of RFP;
(f) “Dispute” shall have the meaning set forth in Clause 9.2.1;
(g) “Effective Date” means the date on which this Agreement comes into force and effect
pursuant to Clause 2.1;
(h) “Expatriate Personnel” means such persons who at the time of being so hired had their
domicile outside India;
(i) “Government” means the [Government of India];
(j) “INR, Re. or Rs.” means Indian Rupees;
55
(k) “Member”, in case the Consultant consists of a joint venture or consortium of more than
one entity, means any of these entities, and “Members” means all of these entities;
(l) “Party” means the Authority or the Consultant, as the case may be, and Parties means
both of them;
(m) “Personnel” means persons hired by the Consultant or by any Sub-Consultant as
employees and assigned to the performance of the Services or any part thereof;
(n) “Resident Personnel” means such persons who at the time of being so hired had their
domicile inside India;
(o) “RFP” means the Request for Proposal document in response to which the Consultant’s
proposal for providing Services was accepted;
(p) “Services” means the work to be performed by the Consultant pursuant to this
Agreement, as described in the Terms of Reference hereto;
(q) “Sub-Consultant” means any entity to which the Consultant subcontracts any part of the
Services in accordance with the provisions of Clause 3.7; and
(r) “Third Party” means any person or entity other than the Government, the Authority, the
Consultant or a Sub-Consultant. All terms and words not defined herein shall, unless the
context otherwise requires, have the meaning assigned to them in the RFP.
1.1.2 The following documents along with all addenda issued thereto shall be deemed to form
and be read and construed as integral parts of this Agreement and in case of any
contradiction between or among them the priority in which a document would prevail over
another would be as laid down below beginning from the highest priority to the lowest
priority:
(a) Agreement;
(b) Annexes of Agreement;
(c) RFP; and
(d) Letter of Award.
1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a relation of master and
servant or of agent and principal as between the Authority and the Consultant. The
Consultant shall, subject to this Agreement, have complete charge of Personnel
performing the Services and shall be fully responsible for the Services performed by them
or on their behalf hereunder.
1.3 Rights and obligations
The mutual rights and obligations of the Authority and the Consultant shall be as set forth
in the Agreement, in particular:
(a) the Consultant shall carry out the Services in accordance with the provisions of the
Agreement; and
(b) the Authority shall make payments to the Consultant in accordance with the
provisions of the Agreement.
1.4 Governing law and jurisdiction
This Agreement shall be construed and interpreted in accordance with and governed by
the laws of India, and the courts at New Delhi shall have exclusive jurisdiction over
matters arising out of or relating to this Agreement.
1.5 Language
All notices required to be given by one Party to the other Party and all other
56
communications, documentation and proceedings which are in any way relevant to this
Agreement shall be in writing and in English language.
1.6 Table of contents and headings
The table of contents, headings or sub-headings in this Agreement are for convenience of
reference only and shall not be used in, and shall not affect, the construction or
interpretation of this Agreement.
1.7 Notices
Any notice or other communication to be given by any Party to the other Party under or in
connection with the matters contemplated by this Agreement shall be in writing and shall:
(a) in the case of the Consultant, be given by facsimile or e-mail and by letter delivered
by hand to the address given and marked for attention of the Consultant’s
Representative set out below in Clause 1.10 or to such other person as the Consultant
may from time to time designate by notice to the Authority; provided that notices or
other communications to be given to an address outside ***** may, if they are
subsequently confirmed by sending a copy thereof by registered mail with
acknowledgement due, air mail or by courier, be sent by facsimile or e-mail to the
number as the Consultant may from time to time specify by notice to the Authority;
(b) in the case of the Authority, be given by facsimile or e-mail and by letter delivered by
hand and be addressed to the Authority with a copy delivered to the Authority
Representative set out below in Clause 1.10 or to such other person as the Authority
may from time to time designate by notice to the Consultant; provided that if the
Consultant does not have an office in [New Delhi] it may send such notice by facsimile
or e-mail and by registered mail with acknowledgement due, air mail or by courier;
and
(c) any notice or communication by a Party to the other Party, given in accordance
herewith, shall be deemed to have been delivered when in the normal course of post it
ought to have been delivered and in all other cases, it shall be deemed to have been
delivered on the actual date and time of delivery; provided that in the case of
facsimile or e-mail, it shall be deemed to have been delivered on the working days
following the date of its delivery.
1.8 Location
The Services shall be performed at the site of the Project in accordance with the
provisions of RFP and at such locations as are incidental thereto, including the offices of
the Consultant.
1.9 Authority of Member-in-charge
In case the Consultant consists of a consortium of more than one entity, the Parties agree
that the Lead Member shall act on behalf of the Members in exercising all the Consultant’s
rights and obligations towards the Authority under this Agreement, including without
limitation the receiving of instructions and payments from the Authority.
1.10 Authorized Representatives
Project Administration:
Coordinator: - NHAI
The NHAI designates PD, NHAI, of particular Project as the NHAI’s Coordinator. The
Coordinator shall be responsible for the coordination of activities under the Contract from
57
NHAI side, for receiving and approving invoices for payment, making payment of the
consultancy, and for acceptance of the deliverables by the NHAI.
Coordinator – Firm
The firm designated Mr…………., as their coordinator who shall be responsible for
coordination of activities under the Contract, interactions with GM (RSC), PD, RO, GM
(Tech), NHAI HQ, New Delhi and signing all letters/ reports on behalf of the firm.
1.10.1 Any action required or permitted to be taken, and any document required or permitted to
be executed, under this Agreement by the Authority or the Consultant, as the case may
be, may be taken or executed by the officials specified in this Clause 1.10.
1.10.2 The Authority may, from time to time, designate one of its officials as the Authority’s
Representative. Unless otherwise notified, the Authority Representative shall be:
***********
***********
Tel: ******** Fax: ********* E-mail: *********
1.10.3 The Consultant may designate one of its employees as Consultant’s Representative. Unless
otherwise notified, the Consultant’s Representative shall be:
************
************
Tel: ***********
Mobile: *********** Fax: *********** Email: ***********
1.11 Taxes and duties
Unless otherwise specified in the Agreement, the Consultant shall pay all such taxes,
duties, fees and other impositions as may be levied under the Applicable Laws and the
Authority shall perform such duties in regard to the deduction of such taxes as may be
lawfully imposed on it.
2. COMMENCEMENT, COMPLETION AND TERMINATION OF AGREEMENT
2.1 Effectiveness of Agreement

This Agreement shall come into force and effect on the date of this Agreement (the Effective
Date”).
2.2 Commencement of Services
The Consultant shall commence the Services within a period of 7 (seven) days from the
Effective Date, unless otherwise agreed by the Parties.
2.2.1 Time period of Services
[Please specify period*]
* till the completion of the main project (usually 36 months).
2.3 Termination of Agreement for failure to commence Services
If the Consultant does not commence the Services within the period specified in Clause 2.2
above, the Authority may, by not less than 2 (two) weeks’ notice to the Consultant, declare
this Agreement to be null and void.
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2.4 Expiration of Agreement
Unless terminated earlier pursuant to Clauses 2.3 or 2.9 hereof, this Agreement shall, unless
extended by the Parties by mutual consent, expire upon the earlier of (i) expiry of a period
of 90 (ninety) days after the delivery of the final deliverable to the Authority.
2.5 Entire Agreement
2.5.1 This Agreement and the Annexes together constitute a complete and exclusive statement of
the terms of the agreement between the Parties on the subject hereof, and no amendment
or modification hereto shall be valid and effective unless such modification or amendment
is agreed to in writing by the Parties and duly executed by persons especially empowered
in this behalf by the respective Parties. All prior written or oral understandings, offers or
other communications of every kind pertaining to this Agreement are abrogated and
withdrawn; provided, however, that the obligations of the Consultant arising out of the
provisions of the RFP shall continue to subsist and shall be deemed to form part of this
Agreement.
2.5.2 Without prejudice to the generality of the provisions of Clause 2.5.1, on matters notcovered
by this Agreement, the provisions of RFP shall apply.
2.6 Modification of Agreement
Modification of the terms and conditions of this Agreement, including any modification of
the scope of the Services, may only be made by written agreement between the Parties.
Pursuant to Clauses 4.2.3 and 6.3 hereof, however, each Party shall give due consideration
to any proposals for modification made by the other Party.
2.7 Force Majeure
2.7.1 Definition
(a) For the purposes of this Agreement, “Force Majeure” means an event which is
beyond the reasonable control of a Party, and which makes a Party’s performance
of its obligations hereunder impossible or so impractical as reasonably to be
considered impossible in the circumstances, and includes, but is not limited to,
war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse
weather conditions, strikes, lockouts or other industrial action (except where such
strikes, lockouts or other industrial action are within the power of the Party
invoking Force Majeure to prevent), confiscation or any other action by
government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or
intentional action of a Party or such Party’s Sub-Consultant or agents or
employees, nor (ii) any event which a diligent Party could reasonably have been
expected to both (A) take into account at the time of the conclusion of this
Agreement, and (B) avoid or overcome in the carrying out of its obligations
hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any
payment required hereunder.
2.7.2 No breach of Agreement
The failure of a Party to fulfil any of its obligations hereunder shall not be
considered to be a breach of, or default under, this Agreement insofar as such
59
inability arises froman event of Force Majeure, provided that the Party affected by
such an event has taken all reasonable precautions, due care and reasonable
alternative measures, all with the objective of carrying out the terms and
conditions of this Agreement.
2.7.3 Measures to be taken
(a) A Party affected by an event of Force Majeure shall take all reasonable measures to
remove such Party’s inability to fulfil its obligations hereunder with a minimum
of delay.
(b) A Party affected by an event of Force Majeure shall notify the other Party of
such event as soon as possible, and in any event not later than 14 (fourteen) days
following the occurrence of such event, providing evidence of the nature and cause of
such event, and shall similarly give notice of the restoration of normal conditions as
soon as possible.
(c) The Parties shall take all reasonable measures to minimize the consequences of any
event of Force Majeure.
2.7.4 Extension of time
Any period within which a Party shall, pursuant to this Agreement, complete any action or
task, shall be extended for a period equal to the time during which such Party was unable to
perform such action as a result of Force Majeure.
2.7.5 Payments
During the period of its inability to perform the Services as a result of an event of Force
Majeure, the Consultant shall be entitled to be reimbursed for additional costs reasonably
and necessarily incurred by it during such period for the purposes of the Services and in
reactivating the Services after the end of such period.
2.7.6 Consultation
Not later than 30 (thirty) days after the Consultant has, as the result of an event of Force
Majeure, become unable to perform a material portion of the Services, the Parties shall
consult with each other with a view to agreeing on appropriate measures to be taken in the
circumstances.
2.8 Suspension of Agreement
The Authority may, by written notice of suspension to the Consultant, suspend all payments
to the Consultant hereunder if the Consultant shall be in breach of this Agreement or shall
fail to perform any of its obligations under this Agreement, including the carrying out of the
Services; provided that such notice of suspension (i) shall specify the nature of the breach
or failure, and (ii) shall provide an opportunity to the Consultant to remedy such breach or
failure within a period not exceeding 30 (thirty) days after receipt by the Consultant of such
notice of suspension.
2.9 Termination of Agreement
2.9.1 By the Authority

60
The Authority may, by not less than 30 (thirty) days’ written notice of termination to the
Consultant, such notice to be given after the occurrence of any of the events specified
in this Clause 2.9.1, terminate this Agreement if:
(a) the Consultant fails to remedy any breach hereof or any failure in the
performanceof its obligations hereunder, as specified in a notice of suspension
pursuant toClause 2.8 hereinabove, within 30 (thirty) days of receipt of such notice
ofsuspension or within such further period as the Authority may have
subsequentlygranted in writing;
(b) the Consultant becomes insolvent or bankrupt or enters into any agreement with
its creditors for relief of debt or take advantage of any law for the benefit of
debtors or goes into liquidation or receivership whether compulsory or voluntary;
(c) the Consultant fails to comply with any final decision reached as a result of
arbitration proceedings pursuant to Clause 9 hereof;
(d) the Consultant submits to the Authority a statement which has a material effect on
the rights, obligations or interests of the Authority and which the Consultant knows
to be false;
(e) any document, information, data or statement submitted by the Consultant in its
Proposals, based on which the Consultant was considered eligible or successful, is
found to be false, incorrect or misleading;
(f) as the result of Force Majeure, the Consultant is unable to perform a material
portion of the Services for a period of not less than 60 (sixty) days; or
(g) the Authority, in its sole discretion and for any reason whatsoever, decides to
terminate this Agreement.
2.9.2 By the Consultants
The Consultants may, by not less than thirty (30) days' written notice to the Client, such
notice to be given after the occurrence of any of the events specified in paragraphs (a)
through (d) of this Clause 2.9.2, terminate this Contract:
(a) if the Client fails to pay any money due to the Consultants pursuant to this Contract and
not subject to dispute pursuant to Clause 8 hereof within forty five (45) days after
receiving written notice from the Consultants that such payment is overdue;
(b) if the Client is in material breach of its obligations pursuant to this Contract and has not
remedied the same within forty-five (45) days (or such longer period as the Consultants
may have subsequently approved in writing) following the receipt by the Client of the
Consultants' notice specifying such breach;
(c) if, as the result of Force Majeure, the Consultants are unable to perform a material
portion of the Services for a period of not less than sixty (60) days; or
(d) if the Client fails to comply with any final decision reached as a result of arbitration
pursuant to Clause 9 hereof.
2.9.3 Cessation of rights and obligations
Upon termination of this Agreement pursuant to Clauses 2.3 or 2.9 hereof, or upon
expiration of this Agreement pursuant to Clause 2.4 hereof, all rights and obligations of the
Parties hereunder shall cease, except
(i) such rights and obligations as may have accrued on the date of termination or
expiration, or which expressly survive such Termination;
61
(ii) the obligation of confidentiality set forth in Clause 3.3 hereof;
(iii)the Consultant’s obligation to permit inspection, copying and auditing of such of its
accounts and records set forth in Clause 3.6, as relate to the Consultant’s Services
provided under this Agreement; and
(iv) any right or remedy which a Party may have under this Agreement or the
Applicable Law.
2.9.4 Cessation of Services
Upon termination of this Agreement by notice of either Party to the other pursuant to
Clauses 2.9.1 or 2.9.2, the Consultant shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a
minimum. With respect to documents prepared by the Consultant and equipment and
materials furnished by the Authority, the Consultant shall proceed as provided
respectively by Clauses 3.9 or 3.10 hereof.
2.9.5 Payment upon Termination
Upon termination of this Agreement pursuant to Clauses 2.9.1& 2.9.2, the Authority shall
make the following payments to the Consultant (after offsetting against these payments
any amount that may be due from the Consultant to the Authority):
(i) remuneration pursuant to Clause 6 hereof for Services satisfactorily performed

prior to the date of termination;
(ii) reimbursable expenditures pursuant to Clause 6 hereof for expenditures actually
incurred prior to the date of termination; and
(iii) except in the case of termination pursuant to sub-clauses (a) through (e) of Clause
2.9.1 hereof, reimbursement of any reasonable cost incidental to the prompt and
orderly termination of the Agreement including the cost of the return travel of the
Consultant’s personnel.
2.9.6 Disputes about Events of Termination
If disputes arise due to an event specified in paragraphs (a) through (f) of Clause 2.9.1 or
in clause 2.9.2, aggrieved party may, within 30 (thirty) days after receipt of notice hereof,
and this Agreement shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.
3. OBLIGATIONS OF THE CONSULTANT
3.1 General
3.1.1 Standards of Performance
The Consultant shall perform the Services and carry out its obligations hereunder with all
due diligence, efficiency and economy, in accordance with generally accepted
professional techniques and practices, and shall observe sound management practices,
and employ appropriate advanced technology and safe and effective equipment,
machinery, materials and methods. The Consultant shall always act, in respect of any
matter relating to this Agreement or to the Services, as a faithful adviser to the Authority,
and shall at all times support and safeguard the Authority’s legitimate interests in any
62
dealings with Sub-Consultants or Third Parties.
3.1.2 Terms of Reference
The scope of services to be performed by the Consultant is specified in the Terms of

Reference (the “TOR”) at Annex of this Agreement. The Consultant shall provide the
Deliverables specified therein in conformity with the time schedule stated therein.
3.1.3 Applicable Laws
The Consultant shall perform the Services in accordance with the Applicable Laws and shall
take all practicable steps to ensure that any Sub-Consultant, as well as the Personnel and
agents of the Consultant and any Sub-Consultant, comply with the Applicable Laws.
3.2 Conflict of Interest
3.2.1 The Consultant shall not have a Conflict of Interest and any breach hereof shall constitute
a breach of the Agreement.
3.2.2 Consultant and Affiliates not to be otherwise interested in the Project. The Consultant
agrees that, during the term of this Agreement and after its termination, the Consultant
or any Associate thereof and any entity affiliated with the Consultant, as well as any Sub-
Consultant and any entity affiliated with such Sub-Consultant, shall be disqualified from
providing goods, works, services, loans or equity for any project resulting from or closely
related to the Services and any breach of this obligation shall amount to a Conflict of
Interest; provided that the restriction herein shall not apply after a period of five years
from the completion of this assignment or to consulting assignments granted by banks/
lenders at any time; provided further that this restriction shall not apply toconsultancy/
advisory services provided to the Authority in continuation of thisConsultancy or to any
subsequent consultancy/ advisory services provided to theAuthority in accordance with
the rules of the Authority. For the avoidance of doubt, anentity affiliated with the
Consultant shall include a partner in the Consultant’s firm ora person who holds more than
5% (five per cent) of the subscribed and paid up sharecapital of the Consultant, as the
case may be, and any Associate thereof.
3.2.3 Prohibition of conflicting activities
Neither the Consultant nor its Sub-Consultant nor the Personnel of either of them shall
engage, either directly or indirectly, in any of the following activities:
(a) during the term of this Agreement, any business or professional activities which
would conflict with the activities assigned to them under this Agreement;
(b) after the termination of this Agreement, such other activities as may be specified in
the Agreement; or
(c) at any time, such other activities as have been specified in the RFP as Conflict of
Interest.
(d) They should have no financial interest in any of the above mentioned entities orin
the contracts of the Concessionaire and IE of above mentioned project.
(e) They should have had no previous employment by or financial ties to any of above
mentioned eentities except for the fee based consultancy services and it should be
clarified as mentioned below.
63
S. No. Name of Project Fee received from M/s Consultancy Fee Received (Rs.)
(f) They should have no professional or personal relationship with the above
mentioned entities.
(g) In case they are selected for the assignment, they shall not accept any direct/
indirect employment/ consultancy with the above mentioned entities during the period of
assignment.
(h) During the period of assignment, they shall not engage in discussion or make any
agreement with the above entities regarding employment/ consultancy after the
assignment is over.
3.2.4 Consultant not to benefit from commissions, discounts, etc.
The remuneration of the Consultant pursuant to Clause 6 hereof shall constitute the
Consultant’s sole remuneration in connection with this Agreement or the Services and the
Consultant shall not accept for its own benefit any trade commission, discount or similar
payment in connection with activities pursuant to this Agreement or to the Services or in
the discharge of its obligations hereunder, and the Consultant shall use its best efforts to
ensure that any Sub-Consultant, as well as the Personnel and agents of either of them,
similarly shall not receive any such additional remuneration.
3.2.5 The Consultant and its Personnel shall observe the highest standards of ethics and shall
not have engaged in and shall not hereafter engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice (collectively the
“Prohibited Practices”). Notwithstanding anything to the contrary contained in this
Agreement, the Authority shall be entitled to terminate this Agreement forthwith by a
communication in writing to the Consultant, without being liable in any manner
whatsoever to the Consultant, if it determines that the Consultant has, directly or
indirectly or through an agent, engaged in any Prohibited Practices in the Selection
Process or before or after entering into of this Agreement. In such an event, the
Authority shall forfeit and appropriate the performance security, if any, as mutually
agreed genuine pre-estimated compensation and damages payable to the Authority
towards, inter alia, the time, cost and effort of the Authority, without prejudice to the
Authority’s any other rights or remedy hereunder or in law.
3.2.6 Without prejudice to the rights of the Authority under Clause 3.2.5 above and the other
rights and remedies which the Authority may have under this Agreement, if the Consultant
is found by the Authority to have directly or indirectly or through an agent, engaged or
indulged in any Prohibited Practices, during the Selection Process or before or after the
execution of this Agreement, the Consultant shall not be eligible to participate in any
tender or RFP issued during a period of 2 (two) years from the date the Consultant is found
by the Authority to have directly or indirectly or through an agent, engaged or indulged in
any Prohibited Practices.
3.2.7 For the purposes of Clauses 3.2.5 and 3.2.6, the following terms shall have the meaning
hereinafter respectively assigned to them:
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(a) “corrupt practice” means the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence the actions of any person connected
with the Selection Process (for removal of doubt, offering of employment or
employing or engaging in any manner whatsoever, directly or indirectly, any
official of the Authority who is or has been associated in any manner, directly or
indirectly with Selection Process or LOA or dealing with matters concerning the
Agreement before or after the execution thereof, at any time prior to the expiry of
one year from the date such official resigns or retires from or otherwise ceases to
be in the service of the Authority, shall be deemed to constitute influencing the
actions of a person connected with the Selection Process); or (ii) engaging in any
manner whatsoever, whether during the Selection Process or after the issue of LOA
or after the execution of the Agreement, as the case may be, any person in respect
of any matter relating to the Project or the LOA or the Agreement, who at any time
has been or is a legal, financial or technical adviser the Authority in relation to any
matter concerning the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts orsuppression
of facts or disclosure of incomplete facts, in order to influence the Selection
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 Selection Process or the exercise of its rights or
performance of its obligations by the Authority under this Agreement;
(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 Selection
Process; or (ii) having a Conflict of Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any understanding or
arrangement among Applicants with the objective of restricting or manipulating a
full and fair competition in the Selection Process.
3.3 Confidentiality
The Consultant, its Sub-Consultants and the Personnel of either of them shall not, either
during the term or within two years after the expiration or termination of this Agreement
disclose any proprietary information, including information relating to reports, data,
drawings, design software or other material, whether written or oral, in electronic or
magnetic format, and the contents thereof; and any reports, digests or summaries created
or derived from any of the foregoing that is provided by the Authority to the Consultant, its
Sub-Consultants and the Personnel; any information provided by or relating to the Authority,
its technology, technical processes, business affairs or finances or any information relating
to the Authority’s employees, officers or other professionals or suppliers, customers, or
contractors of the Authority; and any other information which the Consultant is under an
obligation to keep confidential in relation to the Project, the Services or this Agreement
(“Confidential Information”), without the prior written consent of the Authority.
Notwithstanding the aforesaid, the Consultant, its Sub-Consultants and the Personnel of
either of them may disclose Confidential Information to the extent that such Confidential
Information:
(i) was in the public domain prior to its delivery to the Consultant, its Sub-
65
Consultantsand the Personnel of either of them or becomes a part of the public
knowledgefrom a source other than the Consultant, its Sub-Consultants and the
Personnelof either of them;
(ii) was obtained from a third party with no known duty to maintain its confidentiality;
(iii) is required to be disclosed by Applicable Laws or judicial or administrative or
arbitral process or by any governmental instrumentalities, provided that for any
such disclosure, the Consultant, its Sub-Consultants and the Personnel of either of
them shall give the Authority, prompt written notice, and use reasonable efforts to
ensure that such disclosure is accorded confidential treatment; and
(iv) is provided to the professional advisers, agents, auditors or representatives of the
Consultant or its Sub-Consultants or Personnel of either of them, as is reasonable
under the circumstances; provided, however, that the Consultant or its Sub-
Consultants or Personnel of either of them, as the case may be, shall require their
professional advisers, agents, auditors or its representatives, to undertake in
writing to keep such Confidential Information, confidential and shall use its best
efforts to ensure compliance with such undertaking.
3.4 Liability of the Consultant
3.4.1 The Consultant’s liability under this Agreement shall be determined by the Applicable
Laws and the provisions hereof.
3.4.2 The Consultant shall, subject to the limitation specified in Clause 3.4.3, be liable to the
Authority for any direct loss or damage accrued or likely to accrue due to deficiency in
Services rendered by it.
3.4.3 The Parties hereto agree that in case of negligence or willful misconduct on the part of
the Consultant or on the part of any person or firm acting on behalf of the Consultant in
carrying out the Services, the Consultant, with respect to damage caused to the
Authority’s property, shall not be liable to the Authority:
(i) for any indirect or consequential loss or damage; and
(ii) for any direct loss or damage that exceeds (a) the Agreement Value set forth
in Clause 6.1.2 of this Agreement, or (b) the proceeds the Consultant may be
entitled to receive from any insurance maintained by the Consultant to cover such
a liability in accordance with Clause 3.5.2, whichever of (a) or (b) is higher.
3.4.4 This limitation of liability specified in Clause 3.4.3 shall not affect the Consultant’s
liability, if any, for damage to Third Parties caused by the Consultant or any person or
firm acting on behalf of the Consultant in carrying out the Services subject, however, to a
limit equal to 3 (three) times the Agreement Value.
3.5 Insurance to be taken out by the Consultant
3.5.1 (a) The Consultant shall, for the duration of this Agreement, take out and maintain, and
shall cause any Sub-Consultant to take out and maintain, at its (or the Sub-Consultant’s,
as the case may be) own cost, but on terms and conditions approved by the Authority,
insurance against the risks, and for the coverages, as specified in the Agreement and in
accordance with good industry practice.
(b) Within 15 (fifteen) days of receiving any insurance policy certificate in respect of
insurances required to be obtained and maintained under this clause, the Consultant
shall furnish to the Authority, copies of such policy certificates, copies of the insurance
policies and evidence that the insurance premia have been paid in respect of such
insurance. No insurance shall be cancelled, modified or allowed to expire or lapse
66
during the term of this Agreement.
(c) If the Consultant fails to effect and keep in force the aforesaid insurances for
which it is responsible pursuant hereto, the Authority shall, apart from having
other recourse available under this Agreement, have the option, without prejudice to
the obligations of the Consultant, to take out the aforesaid insurance, to keep in force
any such insurances, and pay such premia and recover the costs thereof from the
Consultant, and the Consultant shall be liable to pay such amounts on demand by the
Authority.
(d) Except in case of Third Party liabilities, the insurance policies so procured shall
mention the Authority as the beneficiary of the Consultant and the Consultant shall
procure an undertaking from the insurance company to this effect; provided that in the
event the Consultant has a general insurance policy that covers the risks specified in this
Agreement and the amount of insurance cover is equivalent to 3 (three) times the cover
required hereunder, such insurance policy may not mention the Authority as the sole
beneficiary of the Consultant or require an undertaking to that effect.
3.5.2 The Parties agree that the risks and coverages shall include but not be limited to the
following:
(a) Third Party liability insurance as required under Applicable Laws, with a minimum
coverage of [Rs. 1 (one) million];
(b) Employer’s liability and workers’ compensation insurance in respect of the Personnel
of the Consultant and of any Sub-Consultant, in accordance with Applicable Laws; and
(c) professional liability insurance for an amount no less than the Agreement Value. The
indemnity limit in terms of “Any One Accident” (AOA) and “Aggregate limit on the
policy period” (AOP) should not be less than the amount stated in Clause 6.1.2 of the
Agreement. In case of consortium, the policy should be in the name of Lead Member
and not in the name of individual Members of the consortium.
3.6 Accounting, inspection and auditing
The Consultant shall:

(a) keep accurate and systematic accounts and records in respect of the Services
provided under this Agreement, in accordance with internationally accepted
accounting principles and in such form and detail as will clearly identify all
relevant time charges and cost, and the basis thereof (including the basis of the
Consultant’s costs and charges); and
(b) Deleted.
3.7 Consultant’s actions requiring the Authority’s prior approval
The Consultant shall obtain the Authority’s prior approval in writing before taking any of
the following actions:
(a) Appointing such members of the Key Personnel as are not listed herein.
(b) Any other action that is not specified in this Agreement.
3.8 Reporting obligations
The Consultant shall submit to the Authority the reports and documents specified in the
Agreement, in the form, in the numbers and within the time periods set forth therein.
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3.9 Documents prepared by the Consultant to be property of the Authority
3.9.1 All plans, drawings, specifications, designs, reports and other documents (collectively
referred to as “Consultancy Documents”) prepared by the Consultant in performing the
Services shall become and remain the property of the Authority, and all intellectual
property rights in such Consultancy Documents shall vest with the Authority. Any
Consultancy Document, of which the ownership or the intellectual property rights do not
vest with the Authority under law, shall automatically stand assigned to the Authority as
and when such Consultancy Document is created and the Consultant agrees to execute all
papers and to perform such other acts as the Authority may deem necessary to secure its
rights herein assigned by the Consultant.
3.9.2 The Consultant shall, not later than termination or expiration of this Agreement, deliver
all Consultancy Documents to the Authority, together with a detailed inventory thereof.
The Consultant may retain a copy of such Consultancy Documents. The Consultant, shall
not use these Consultancy Documents for purposes unrelated to this Agreement without
prior written approval of the Authority.
3.9.3 The Consultant shall hold the Authority harmless and indemnified for any losses, claims,
damages, expenses (including all legal expenses), awards, penalties or injuries
(collectively referred to as ‘claims’) which may arise from or due to any unauthorized use
of such Consultancy Documents, or due to any breach or failure on part of the Consultant
or its Sub-Consultants or a Third Party to perform any of its duties or obligations in
relation to securing the aforementioned rights of the Authority.
3.10 Equipment and Materials Furnished by the Client
Equipment and materials made available to the Consultants by the Client, or purchased by
the Consultants with funds provided by the Client, shall be the property Of the Client and
shall be marked accordingly. Upon termination or expiration of this Contract, the
Consultants shall make available to the Client an inventory of such equipment and
materials and shall dispose of- such equipment and materials in accordance with the
Client's instructions. While in possession of such equipment and materials, the
Consultants, unless otherwise instructed by the Client in writing, shall insure them at the
expense of the Client in an amount equal to their full replacement value.
3.11 Providing access to Project Office and Personnel
The Consultant shall ensure that the Authority, and officials of the Authority having
authority from the Authority, are provided unrestricted access to the Project Office and to
all Personnel during office hours. The Authority’s official, who has been authorized by the
Authority in this behalf, shall have the right to inspect the Services in progress, interact
with Personnel of the Consultant and verify the records relating to the Services
for his satisfaction.
3.12. Accuracy of Documents
The Consultant shall be responsible for accuracy of the data collected by it directly or
procured from other agencies/authorities, the designs, drawings, estimates and all other
68
details prepared by it as part of these services. Subject to the provisions of Clause 3.4, it
shall indemnify the Authority against any inaccuracy in its work which might surface during
implementation of the Project, if such inaccuracy is the result of any negligence or
inadequate due diligence on part of the Consultant or arises out of its failure to conform to
good industry practice. The Consultant shall also be responsible for promptly correcting, at
its own cost and risk, the drawings including any re-survey / investigations.
4. CONSULTANT’S PERSONNEL AND SUB-CONSULTANTS
4.1 General
The Consultant shall employ and provide such qualified and experienced Personnel as may
be required to carry out the Services.
4.2 Deployment of Personnel
4.2.1 The designations, names and the estimated periods of engagement in carrying out the
Services by each of the Consultant’s Personnel are described in this Agreement. The
estimate of Personnel costs and man-day rates are specified in this Agreement.
4.2.2 Adjustments with respect to the estimated periods of engagement of Personnel set forth
Authority, provided that: (i) such adjustments shall not alter the originally estimated
period of engagement of any individual by more than 20% (twenty per cent) or one week,
whichever is greater, and (ii) the aggregate of such adjustments shall not cause payments
under the Agreement to exceed the Agreement Value set forth in Clause 6.1.2 of this
Agreement. Any other adjustments shall only be made with the written approval of the
Authority.
4.2.3 If additional work is required beyond the scope of the Services specified in the Terms of
Reference, the estimated periods of engagement of Personnel, set forth in the Annexes of
the Agreement may be increased by agreement in writing between the Authority and the
Consultant, provided that any such increase shall not, except as otherwise agreed, cause
payments under this Agreement to exceed the Agreement Value set forth in Clause 6.1.2.
4.3 Approval of Personnel
4.3.1 The Key Personnel listed in the Agreement are hereby approved by the Authority. No other
Key Personnel shall be engaged without prior approval of the Authority.
4.4 Substitution of Key Personnel
The Authority expects all the Key Personnel specified in the Proposal to be available during
implementation of the Agreement. The Authority will not consider any substitution of Key
Personnel.
5. OBLIGATIONS OF THE AUTHORITY
5.1 Payment
In consideration of the Services performed by the Consultant under this Agreement, the
Authority shall make to the Consultant such payments and in such manner as is provided in
69
Clause 6 of this Agreement.
5.2 Law Governing Contract and Languages:
The Contract shall be governed by the laws of Union of India and the language of the
Contract shall be English.
The firm shall indemnify and hold harmless the NHAI against any and all claims, demands
and / or judgments of any nature brought against the NHAI arising out of the services by
the firm and its staff under this Contract. The obligation under this paragraph shall
survive even after the termination of this Contract.
5.3 Taxes:
The firm shall pay the taxes, duties fee, levies and other impositions levied under the
Applicable law and the NHAI shall perform such duties in this regard to the deduction of
such tax as may be lawfully imposed.
6. PAYMENT TO THE CONSULTANT
6.1 Cost estimates and Agreement Value
6.1.1 An abstract of the cost of the Services payable to the Consultant is set forth herein the
Agreement.
6.1.2 Except as may be otherwise agreed under Clause 2.6 and subject to Clause 6.3, the
payments under this Agreement shall not exceed the agreement value specified herein
(the “Agreement Value”). The Parties agree that the Agreement Value is Rs. ……….
(Rupees …………………….).
6.2 Currency of payment

All payments shall be made in Indian Rupees.
6.3 Mode of billing and payment

(a) The Consultant shall be paid for its services as per the Payment Schedule of this
Agreement, subject to the Consultant fulfilling the following conditions:
(i) Deleted.
(ii) The Authority shall pay to the Consultant, only the undisputed amount.
(b) The Authority shall cause the payment due to the Consultant to be made within 30
(thirty) days after the receipt by the Authority of duly completed bills with
necessary particulars (the “Due Date only after the final report and a final
statement, identified as such, shall have been submitted by the Consultant and
approved as satisfactory by the Authority. The Services shall be deemed completed
and finally accepted by the Authority and the final deliverable shall be deemed
approved by the Authority as satisfactory upon expiry of 90 (ninety) days after
receipt of the final deliverable by the Authority unless the Authority, within such
90 (ninety) day period, gives written notice to the Consultant specifying in detail,
the deficiencies in the Services. The Consultant shall thereupon promptly make any
necessary corrections and/or additions, and upon completion of such corrections or
additions, the foregoing process shall be repeated. The Authority shall make the
final payment upon acceptance or deemed acceptance of the final deliverable by
the Authority.
70
(c) Any amount which the Authority has paid or caused to be paid in excess of the
amounts actually payable in accordance with the provisions of this Agreement shall
be reimbursed by the Consultant to the Authority within 30 (thirty) days after
receipt by the Consultant of notice thereof. Any such claim by the Authority for
reimbursement must be made within 1 (one) year after receipt by the Authority of
a final report in accordance with Clause 6.3 (d). Any delay by the Consultant in
reimbursement by the due date shall attract simple interest @ 10% (ten percent)
per annum.
(d) In the event the Concession Agreement does not get executed within one year of
the Effective Date, the Final Payment shall not become due to the Consultant, save
and except the costs incurred for meeting its reimbursable expenses during the
period after expiry of 18 (eighteen) weeks from the Effective Date, including travel
costs and personnel costs, at the agreed rates.
(e) All payments under this Agreement shall be made to the account of the
Consultantas may be notified to the Authority by the Consultant.
7. LIQUIDATED DAMAGES AND PENALTIES
7.1 Performance Security
7.1.1 Within 30 (thirty) days of issue 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-I (the “Performance Security”) for an amount equal to 5% (five percent) of its
Bid Price. Bank guarantee shall be issued by nationalized bank, or a Scheduled Bank in India
having a net worth of at least Rs. 1,000 crore (Rs. one thousand crore), in favour of the
Authority in the format at Appendix-I (the “Bank Guarantee”). This Bank Guarantee shall be
transmitted through SFMS Gateway to NHAI’s Bank. In case the Bank Guarantee is issued by
a foreign bank outside India, confirmation of the same by any nationalized bank in India is
required. For the avoidance of doubt, Scheduled Bank shall mean a bank as defined under
Section 2(e) of the Reserve Bank of India Act, 1934.
7.1.2 The Performance Security shall be valid for the duration of services plus six months.
7.1.3 In the event the Consultant fails to provide the security within 30 days of date of LOA, it
may seek extension of time for a period of 15 (Fifteen) days on payment of damages for
such extended period in a sum of calculated at the rate of 0.1% (Zero Point One Percent) of
the contract price for each day until the performance security is provided.
7.1.4 For avoidance of any doubt, in case of failure of submission of Performance Security, within
the additional 15 days’ time period, the award shall be deemed to be cancelled/ withdrawn
and bidder shall be suspended from participation in the tendering process for the works of
MoRTH / NHAI / NHIDCL and works under other Centrally Sponsored Schemes, for a period of
one year from the bid due date of this work. 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.
7.1.5 The Performance Security remaining balance after appropriation of any amounts under this
Agreement shall be returned to the Consultant at the end of 3 (three) months after the
expiration of this Agreement pursuant to Clause 2.4 hereof.
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7.2 Liquidated Damages
7.2.1 Liquidated Damages for error/variation:

In case any error or variation is detected in the reports submitted by the Consultant and
such error or variation is the result of negligence or lack of due diligence on the part of the
Consultant, the consequential damages thereof shall be quantified by the Authority in a
reasonable manner and recovered from the Consultant by way of deemed liquidated
damages, subject to a maximum of 50% (fifty per cent) of the Performance security.
7.2.2 Liquidated Damages for delay:

In case of delay in completion of Services, liquidated damages not exceeding an amount
equal to 0.2% (zero point two per cent) of the Agreement Value per day, subject to a
maximum of 10% (ten per cent) of the Agreement Value will be imposed and shall be
recovered by appropriation from the Performance Security or otherwise. However, in case
of delay due to reasons beyond the control of the Consultant, suitable extension of time
shall be granted.
7.2.3 Encashment and appropriation of Performance Security:
The Authority shall have the right to invoke and appropriate the proceeds of the
Performance Security, in whole or in part, without notice to the Consultant in the event of
breach of this Agreement or for recovery of liquidated damages specified in this Clause 7.2.
7.3 Penalty for deficiency in Services
In addition to the liquidated damages not amounting to penalty, as specified in Clause 7.2,
warning may be issued to the Consultant for minor deficiencies on its part. In the case of
significant deficiencies in Services causing adverse effect on the Project or on the
reputation of the Authority, other penal action including debarring for a specified period
may also be initiated as per policy of the Authority.
8. FAIRNESS AND GOOD FAITH
8.1 Good Faith
The Parties undertake to act in good faith with respect to each other’s rights under this
Agreement and to adopt all reasonable measures to ensure the realisation of the objectives
of this Agreement.
8.2 Operation of the Agreement
The Parties recognize that it is impractical in this Agreement to provide for every
contingency which may arise during the life of the Agreement, and the Parties hereby agree
that it is their intention that this Agreement shall operate fairly as between them, and
without detriment to the interest of either of them, and that, if during the term of this
Agreement either Party believes that this Agreement is operating unfairly, the Parties will
use their best efforts to agree on such action as may be necessary to remove the cause or
causes of such unfairness, but failure to agree on any action pursuant to this Clause shall
not give rise to a dispute subject to arbitration in accordance with Clause 9 hereof.
9. SETTLEMENT OF DISPUTES
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9.1 Amicable settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in
connection with this Agreement or the interpretation thereof.
9.2 Dispute resolution
9.2.1 Any dispute, difference or controversy of whatever nature howsoever arising under or out of
or in relation to this Agreement (including its interpretation) between the Parties, and so
notified in writing by either Party to the other Party (the “Dispute”) shall, in the first
instance, be attempted to be resolved amicably in accordance with the conciliation
procedure set forth in Clause 9.3.
9.2.2 The Parties agree to use their best efforts for resolving all Disputes arising under or in
respect of this Agreement promptly, equitably and in good faith, and further agree to
provide each other with reasonable access during normal business hours to all non-
privileged records, information and data pertaining to any Dispute.
9.3 Conciliation
In the event of any Dispute between the Parties, either Party may call upon *****
Department] and the Chairman of the Board of Directors of the Consultant or a substitute
thereof for amicable settlement, and upon such reference, the said persons shall meet no
later than 10 (ten) days from the date of reference to discuss and attempt to amicably
resolve the Dispute. If such meeting does not take place within the 10 (ten) day period or
the Dispute is not amicably settled within 15 (fifteen) days of the meeting or the Dispute
is not resolved as evidenced by the signing of written terms of settlement within 30
(thirty) days of the notice in writing referred to in Clause 9.2.1 or such longer period as
may be mutually agreed by the Parties, either Party may refer the Dispute to arbitration
in accordance with the provisions of Clause 9.4.
9.4 Arbitration
9.4.1 Any Dispute which is not resolved amicably by conciliation, as provided in Clause 9.3, shall
be finally decided by reference to arbitration by an Arbitral Tribunal appointed in
accordance with Clause 9.4.2. Such arbitration shall be held in accordance with the Rules of
Arbitration of the International Centre for Alternative Dispute Resolution, New Delhi (the
“Rules”), or such other rules as may be mutually agreed by the Parties, and shall be subject
to the provisions of the Arbitration and Conciliation Act, 1996. The venue of such
arbitration shall be ***** and the language of arbitration proceedings shall be English.
9.4.2 There shall be {an Arbitral Tribunal of three arbitrators, of whom each Party shall select
one, and the third arbitrator shall be appointed by the two arbitrators so selected, and in
the event of disagreement between the two arbitrators, the appointment} {a sole
arbitrator whose appointment} shall be made in accordance with the Rules.
9.4.3 The arbitrators shall make a reasoned award (the “Award”). Any Award made in any
arbitration held pursuant to this Clause 9 shall be final and binding on the Parties as from
the date it is made, and the Consultant and the Authority agree and undertake to carry out
such Award without delay.
9.4.4 The Consultant and the Authority agree that an Award may be enforced against the
73
Consultant and/or the Authority, as the case may be, and their respective assets wherever
situated.
9.4.5 This Agreement and the rights and obligations of the Parties shall remain in full force and
effect, pending the Award in any arbitration proceedings hereunder.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed
in their respective names as of the day and year first above written.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of

For and on behalf of [Authority]
Consultant:
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
(Fax No.) (Fax No.)
In the presence of:

1.
2.
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Terms of Reference
1. General
1.1 National Highways Authority of India (NHAI) is engaged in development of National

Highways entrusted to it by Ministry of Road Transport & Highways. As part of this
endeavor, the Authority has taken up development of some of the highways through Public
Private Partnership (PPP)/ HAM /OMT and EPC basis.
1.2 The Model Concession Agreements (MCA)/ Contract documents stipulate that the
Concessionaire shall develop, implement and administer a surveillance and safety
programme for providing a safe environment on or about the Project Highways and/or
shall comply with the safety requirements set forth in Schedules/ Clauses of the
Concession/Contract Agreement in Development, Construction and Operation &
Maintenance Phases of the Project.
1.3 The Agreements also envisage that NHAI shall appoint an experienced and qualified firm or
organization as a “Safety Consultant” for carrying out safety audit of the Project Highway
in accordance with the safety requirements set forth in Schedules/ Clauses for the
aforesaid Phases of Project.
1.4 NHAI intends to invite applications from the interested consultants for appointment as
safety consultant for carrying out safety audit of the project highway in accordance with
the safety requirement set forth in Schedule – L of the Model Concession Agreement (MCA)
of the PPP/ HAM projects on Design, Build, Finance, Operate and Transfer (DBFOT) basis,
Clause 10.1 of EPC contract and Schedule – H of the Model Concession Agreement (MCA) of
the operation and maintenance (OMT) projects, O&M projects and Item Rate contracts.
1.5 Duties and Responsibilities of Safety Consultant: The broad requirements are as
indicated in the Schedule ‘L’ in BOT contract, Clause 10.1 of EPC contract and Schedule
‘H’ of Model Concession Agreement (copies enclosed). In addition, the scope of services
shall include but not limited to the following described below.
2. Methodology to be adopted by Safety Auditor

Safety Consultant shall conduct the safety audits during road design development, project
construction implementation and operation/maintenance periods as per the methodology,
check lists and procedures approved by NHAI. For this purpose, each bidder as part of the
bid will briefly submit Work Plan and Approach & Methodology for the proposed
assignment, based on IRC:SP:88 and established International Procedure/Practice for
undertaking road safety audit at various project development, implementation and
operation stages. Later on, the successful bidders will submit the inception report
including detailed methodology, check lists and procedure within 20 days after signing of
agreement. Scope of check list and procedures, which the safety consultant has to follow
are as per latest IRC Manual on Road Safety Audit (IRC:SP:88). This Inception Report will
be submitted to the Regional Officer with a copy to concerned Project Director.
Methodology, Check Lists and Procedures to be adopted are to be project specific and
approved by the concerned Regional Officer of NHAI and the Project Director. Consultants
are free to suggest methodology, check list, procedure and good international practices as
adopted in the countries like Australia, Sweden, USA, UK, etc., wherein IRC
manual/guidelines are not available. The Road Safety Audit Reports shall be prepared as
per the templates given in Annexure 1-5 of this TOR.
75
3. During Development Period

3.1 Road Safety Audit – Carry out a Road Safety Audit (RSA) adhering to the relevant RSA
stage as per latest IRC:SP:88 “Manual for Road Safety Audit” and good industry practices;
and prepare a draft Road Safety Audit Report at the design stage. The audit shall take
into consideration all the aspects given in the checklist of latest IRC:SP:88.
The report thereof (the “Safety Report”) shall be submitted to the Regional Officer, NHAI,
in five copies, with a copy to concerned Project Director. One copy each of the safety
report shall be forwarded by the RO to the Concessionaire, the Independent Engineer and
the Road Safety Cell forthwith.
3.2 Collect the accident data of the project highway for preceding 3 (three) years from
primary source (Police Stations) and analyse the same to ensure that the safety concerns
of the road/highway being developed, including the identified black spots, have been
addressed in the proposed detailed design, while carrying out the design stage audit.
3.3 The RSA Report for any following Stage should identify the previously recommended
enhancements in the design and their incorporation. The RSA reports at the following
stages should compare the changes that are duly incorporated in the design in reference
to the recommendations from the previous stages. The RSA Reports at all stages should
identify any further potential road safety gaps during the audit.
3.4 The Road Safety Audit Report for development stage shall contain audit of proposed
detailed design of the project highway including the audit of the Traffic Management
Plan included in the design report (during the development stage audit) for the project
road identifying enhancement that may be required. This task shall have to be carried out
from third month to end of development period. In case the audit of the designs is not
completed within development period for any reason whatsoever, the Safety Consultant
shall be under the obligation to complete such audits even during the construction period.
3.5 Review the comments from Concessionaire, Independent Engineer and NHAI (from
Regional Officer and concerned Project Director) on the draft Road Safety Audit Report,
which shall be addressed by the Consultant. Also, conduct the Audit Completion Meeting
with recorded minutes for acceptance/compliance by RO/Concessionaire/Contractor.
Including all these, furnish the Final Safety Audit Report to Regional Officer and Project
Director with a copy to Road Safety Cell.
4. During Construction
The audit during the construction stage shall be carried out in reference to the provisions
made in IRC:SP:55 (Guidelines on Traffic Management in Work Zones) and following the
latest IRC manual for road safety audit, i.e. IRC:SP:88 or any modifications thereof.
4.1 Review the Construction Staging Plan prepared by the concessionaire in support of project
implementation at stages. Examine the Traffic Management Plan (TMP)/ Traffic Control
Plan (TCP) prepared and submitted by the Concessionaire befitting to the Construction
Staging Plans, and identify any gaps or opportunity for improvement prior to approval of
the TMP/ TCP by relevant authority and accordingly prepare an Construction stage safety
audit report for TMP/TCP as per the latest IRC:SP:88 (Manual for Road Safety Audit)
following the template given in this TOR.
4.2 Carryout a Construction Stage Road Safety Audit according to template given in this TOR
based on latest IRC:SP:88 to ensure correct implementation of the TMP and recommend
any interim enhancement that may be required. Inspect the project highway keeping into
consideration the construction staging plan for the project as prepared by the
76
Concessionaire and identify the safety concerns/implications of the construction planning
including TMP/TCP and recommend enhancement, as required. This shall be including the
additional requirements at locations identified as accident prone locations during
“development period” based on the accident data analysis as well as the identified
blackspots.
Carry out construction stage road safety audit normally once in every four months to
assess the adequacy and acceptability of the implemented TMP/TCP adopted in
construction zone(s) recommending any other road safety measures that are necessary, till
the construction is almost complete for PCOD. However, if the physical progress in the
construction is slower than that stated in contract, the frequency of audit during
construction period shall be modified to be commensurate to the physical progress as
specified here: i.e. at 15%, 30%, 45%, 60%, 75%, 90%, and Pre-opening audit at 95-100% as
required by Regional Officer/Project Director.
4.3 Consultant shall submit the Draft RSA Report to the Regional Officer, Independent
Engineer and concerned Project Director within 7 (seven) days of audit as per the
template given in this TOR.
4.4 Review the comments from Concessionaire, Independent Engineer and NHAI (Regional
Officer/Project Director) on the draft Road Safety Audit Report, and address the
comments, if any. Also, conduct the Audit Completion Meeting with recorded minutes for
acceptance/compliance by RO/Concessionaire/Contractor. Including all these
comments/compliances, furnish the Final Safety Audit Report.
4.5 In addition to the Road Safety Audit Reports for various Construction Stages, Consultants
shall also prepare, as part of the RSA Report, the detailed status of compliance of audit
recommendations of the development stage and any previous audit of construction stage.
The scope for each of such inspection/audit shall include but not be limited to identifying
any gaps in provision of safety features, as per the recommendations of audit at
development stage and previous construction stage safety audits.
4.6 At the stage of physical progress of 95-100% of construction (as will be suggested by
Regional Officer/Project Director), the Consultant shall conduct a Pre-Opening Stage Audit
following the template given in this TOR.
4.7 The construction stage audit shall also include the specific requirements laid out in
Attachment A of the TOR.
5.0 Maintenance/Operation Period

The Consultants shall carryout the Existing Road/Operation Stage Audit and Investigation
of Accident Prone Locations, which will involve the following activities, but not limited to:
5.1 Carryout an audit of existing road/ operation stage at the end of 6th month, 24th month
and 36th month from the date of opening the highway to traffic, and submit Draft RSA
report to Regional Officer, concerned Project Director, and Independent Engineer, with a
copy to Concessionaire/Contractor, following the template given in this TOR.
5.2 Review the comments from Concessionaire/Contractor, Independent Engineer and NHAI
(Regional Officer and Project Director) on the draft Road Safety Audit Report, and address
the comments, if any, and furnish the Final Safety Audit Report.
5.3 Collect data of all accidents in the project highway at the end of First Year (12 th month),
for preceding one year, and again at the end of 36th month for the three years, from
Police Stations (Primary Source) and other secondary sources. Analyse fatal and grievous
77
injury accidents “to identify locations of potential road safety hazards and the
blackspots”, using the template given in this TOR.
5.4 Undertake topographical survey of the identified “Accident Prone Locations” and
blackspots identifying all individual road attributes including any objects or hazards that
are existing within the existing right-of-way of the road and showing the building lines.
5.5 Collect hourly Traffic Volume Counts (i.e. turning movement counts, in case of junction
locations, or through directional movement counts at mid-block locations) including
classification counts with a fifteen minutes intervals for at least eight (8) hours, i.e. four
(4) hours in the morning hours and four (4) hours in the afternoon peak periods including
pedestrian counts (along and across), and bicycle counts. The hours of the counts should
be decided based on peak hour occurrence on the general weekday at the locations and
also pre-dominant timing of collisions/accidents based on historical records. In some
cases, the traffic data may be required even for 16 hours or 24 hours.
5.6 Analyze collisions in the historical accident data in conjunction with the traffic
maneuvering to identify potential causes of accidents.
5.7 Develop/identify potential mitigation measures in order to curb the frequency and
severity of collisions. Provide remedial measures for improvement of blackspots and
accident prone locations along with detailed design report (DPR) including necessary road
signs and pavement marking plans based on the IRC Guidelines.
5.8 Review the comments from Concessionaire/Contractor, Independent Engineer and NHAI
(Regional Officer and Project Director) on the detailed design, and address the comments,
if any. Also, conduct the Audit Completion Meeting with recorded minutes for
acceptance/compliance by Regional Officer/Concessionaire/Contractor as well as
Independent Engineer and Project Director. Including all these, furnish the Final Safety
Audit Report.
6. Project Team
6.1 The services will be required generally for a single contract package of approximately 60
to 100 km length. Some of the packages can be of less or more length, and the firm shall
deploy at least the following key personnel as mentioned in Clause 6.2. If the length of
the project package is shorter than 60km or longer than 100km, the time duration for Key
Professionals will be decreased/increased as per the provision in Clause 6.2.
6.2 The man-months input required for 60-100 km standard project length is as follows
S. Position No Minimum Man-Months*
No.
++Development ++Construction Operation/
Maintenance
1 Sr. Road Safety 1 2.0 Months 3.0 Months 3.0 Month

Auditor-cum-Road
Safety Team
Leader
2 Traffic Planner 1 1.5 Months 2.0 Months 2.0 Months
Total 2
* The minimum man month requirements are indicative only for standard package length.
For every extra 50km length (with minimum increase of 20km) or part thereof, the man-
78
month duration of two key-professionals will increase 10% subject to a maximum of 50%
(see Table below).
Length Development Construction Operation/Maintenance

Period Period Period
Team Traffic Team Traffic Team Traffic

Leader Planner Leader Planner Leader Planner
<60km 1.5 1 3 1.75 2 2
60 – 100km 2 1.5 3 2 3.0 2
100-150km +10% +10% +10% +10% +10% +10%
150-200km +20% +20% +20% +20% +20% +20%
200-250km +30% +30% +30% +30% +30% +30%
250-300km +40% +40% +40% +40% +40% +40%
300-350km +50% +50% +50% +50% +50% +50%
++ Ideally all design stage audits are to be completed during Development Period only. As
mentioned in Clause 3.4 and 7.1 of ToR, due to any reason whatsoever, if some of the
designs are delayed, the Safety Consultants shall be responsible for carrying out the audit
for such designs.
6.3 It is necessary that the bidder shall retain the same experts throughout the contract
period. It is hereby clarified that only the named Key Personnel shall be deployed and no
substitute shall be used at any stage of safety audit work. Any work carried out by any
person other than the named Key Personnel shall be summarily rejected by NHAI and no
payment shall become due for such work in any circumstances whatsoever.
6.4 Coordinator:- The firm shall designate its Senior Technical Director or an appropriate
Senior officer who has experience in Road/ Bridge construction as the coordinator for the
assignment. The coordinator on date of commencement of services under this assignment
shall visit the site and acquaint with the project/ assignment and hold audit
commencement meeting with the respective Regional Officer and Road Safety Audit team.
Thereafter, the coordinator shall be responsible for coordination of activities under the
contract, interaction with NHAI and signing all letters/ reports on behalf of the firm. The
inputs including site visits/ visits to NHAI, New Delhi during the entire period of services/
contract, the Coordinator shall be incidental to this assignment and no separate payment
shall be made in this regard. Finally, on completion of road safety audit work, Coordinator
along with Road Safety Audit team shall hold a closing meeting with Regional Officer,
Project Director and IE/AE of the Project.
6.5 The Consultant shall as a part of this assignment will conduct two road safety
awareness/training programs/workshops in the project stretch for NHAI officers, staff of
Independent Engineer and Concessionaire/Contractor. The cost of such programme for
maximum 60 persons from the project teams shall be deemed to be included in the
financial proposal of the Consultant.
79
7. Expected Inputs of Experts and Support Staff:
7.1 Schedule ‘L’ prescribes the timelines for the assignments of Safety Consultants for various
stages of a project (development, construction and operation). In case of development
period, Para 4.3 of Schedule ‘L’ envisages that safety audit shall be completed in a period
of 3 months. However, the drawings containing the design details to be provided by the
Concessionaire (Ref. Para 4.2 of Schedule ‘L’) and collection of any data required for
various audits is an ongoing process during the entire construction period of the project.
Hence, the Safety Consultant shall review the set of drawings/ designs as and when
provided to him by NHAI during the development/construction period of the project from
safety perspective. Input of key personnel can be intermittent as per the project
requirement. However bidder will have to indicate the man-month of personnel with
breakup of cost for each personnel to be engaged in the work plan as part of their
financial bid in Annexure-IV of Form-7 of this bid. It may be noted that CVs of only those
key personnel having intermittent input will be considered, if the safety consultancy
assignments in hand as on 7 days prior to BDD do not exceed 3 (three). The firm shall
have to furnish information regarding deployment of their proposed key personnel with
their intermittent inputs in the other projects in hand and the personnel deployed thereon
in the prescribed form-6 of the RFP.
7.2 Schedule ‘H’ describes the function of safety consultants for OMT projects.
7.2.1 The safety audit during development period shall be completed in a period of three
months and a report thereof (the “Safety Report”) shall be submitted to the Regional
Officer, in five copies, with a copy to concerned Project Director, NHAI. However, as
mentioned above in clauses 3.4, 6.2 and 7.1 above, the road safety audit for design stage
may continue beyond the development stage. One copy each of the safety report shall be
forwarded by the Regional Officer to the Concessionaire and the Independent Engineer
forthwith. Ideally all designs are to be completed and audited during Development stage.
Due to any reason whatsoever, if some of the designs are forwarded to Safety Consultants
in Construction stage also, these are also to be audited by Safety Consultants and shall
give recommendations as part of Development Stage Safety Audit.
7.3 The firms/ organizations shall make their own assessment of key and support personnel to
undertake the assignment. Additional staff or personnel, if required (e.g. for Fire,
Mechanical safety, etc.) to complete the assignment in the prescribed time, must be
provided, within the total quoted cost only. NHAI shall not be responsible for any wrong
assessment by the firms/ organizations and shall not in any case bear any additional cost
arising therefrom. The firms should assess the inputs at site and office for each expert and
support staff for completing the assignment within the above timelines, which shall be
indicated by the firm in the Financial Proposal. The firms should make its own
arrangements for office space, equipment, computer hardware/ software, etc. A
certificate has to be recorded by the Regional Officer, NHAI about the presence of named
experts and support staff at site (for their intermittent inputs) for release of payment as
per cost breakup given by the Consultant.
80
8. Deliverables
8.1 Development Stage
S. No Report & Frequency Timeline
1 Inception Report covering all safety audit Within 20 days of date of

activities including finalisation of methodology, commencement of services/ as per
implementing schedule, training requirement, instruction of NHAI depending on the
as per TOR project status
2 The Draft report (the “Safety Report”) shall be Within 3 (three) months from date of
submitted for Design Stage Audit to the Regional commencement of services or date of
Officer, NHAI, in five copies, with a copy to handing over of good for construction
Project Director, NHAI. One copy each of the (GFC) drawings by the concessionaire/
safety report shall be forwarded by the RO to contractor, whichever is later.
the Concessionaire and the Independent
Engineer forthwith. This shall be as per the
standard template of RSA report given in this
TOR.
3 Safety Consultant shall conduct the Audit Within 15 days of receiving comments
Completion Meeting with recorded minutes for by NHAI/IE/ Concessionaire or audit
acceptance/compliance by completion meeting, whichever is
RO/PD/Concessionaire/ Contractor. Including all later.
these, furnish the Final Safety Report for Design
Stage Audit as per the standard template of RSA
report given in this TOR.
4 As the submission of design may be in batches, Draft report will be submitted within
the Draft RSA Report and Final RSA Report for 15 days of submission of design by
design stage shall be more than once and it can Concessionaire and Final RSA report
run into the construction stage also. shall be submitted within 15 days of
receipt of the comments by RO
NHAI/IE/Concessionaire.
8.2 Construction Stage
2 A Construction Stage road safety audit, at every Subsequent Reports shall be the
four months or as per the physical progress of Construction Stage Audit Report of
construction, for work zone(s) safety for the worksites and TMP/TCP being
entire construction period following the implemented with all earlier
standard template of RSA report given in this recommendations for enhancement, if
TOR. Safety Consultant shall conduct the Audit any, at the site prior to commencing
Completion Meeting with recorded minutes for construction, for the entire period of
acceptance/compliance by construction till PCOD. Within 7 days
RO/PD/Concessionaire/ Contractor. Including all of receiving comments by RO/PD
the comments from RO/PD/IE/Concessionaire (NHAI)/IE/ Concessionaire or audit
81
and the acceptance/compliance, furnish the completion meeting, whichever is

Final Safety Report for Construction Stage Audit later.
as per the standard template of RSA report
given in this TOR
4. Submission of GAP report Submit a Report of gap observed
during the site visit for construction
zone(s) audit in reference to the
design that being implemented against
the Design Stage Audit
recommendations forwarded as part of
Development Stage Audit. This GAP
report shall be submitted once in
every four months.
5 Draft Pre-Opening Audit report One month prior to opening of the
highway to traffic or at 95-100%
completion of the construction (as
decided by Regional Officer), carryout
a pre-opening audit and submit report
following the template given in this
TOR.
6 Safety Consultant shall conduct the Audit Within 15 days of receiving comments
Completion Meeting with recorded minutes for by NHAI/IE/Concessionaire or audit
acceptance/compliance by RO/PD/IE/ completion meeting, whichever is
Concessionaire/ Contractor. Including all the later.
comments from RO/PD/IE/ Concessionaire and
the acceptance/compliance, furnish the Final
Pre-Opening stage audit report as per the
standard template of RSA report given in this
TOR.
8.3 Maintenance/Operation Stage
2 Collection of detailed Road Accident data and Detailed Accident Data will be
analysis of fatal and grievous injury accidents collected at the end of 12 months and
with blackspot identification including mapping after 36 months of operation of the
of chainage wise crashes on strip plan of NH and project highway.
development of countermeasures at the end of
12 months and 36 months.
3. Carryout the topographic survey, traffic and Identification of accident prone
82
speed survey and develop design/layouts of the locations and Countermeasure Report
countermeasures based on diagnosed issues for shall be submitted after 12th and 36th
the accident prone locations. Furnish the Final months of opening the highway to
Report after receiving the comments of the traffic. Final Report shall be submitted
Draft Report from RO/PD/IE/Concessionaire as after 15 days of receiving the
per the standard template of RSA report given in comments from RO/IE/Concessionaire
this TOR. on the draft report.
4 Submission of GAP report. Submit a Report of gap observed
during the site visits for operation
stage audit in reference to the
observations made in previous
report(s). This GAP report shall be
submitted as part of Operation Stage
Audit.
8.4 All reports including primary data shall be compiled, classified and submitted by the firm
to RO, NHAI in soft form apart from the reports in hard form including a copy to Road
Safety Cell, NHAI. The reports shall remain the property of NHAI and shall not be used for
any purpose other than that intended under these terms of reference. All the reports will
be submitted electronically in addition to 5 hard copies.
8.5 It may be noted that the consultants shall be required to ensure timely completion of the
safety consultancy services of the projects awarded in an effective manner strictly as per
the contract. The performance appraisal of the safety consultant shall be carried out by
the Road Safety Cell based on the report of the concerned Regional Officer/Project
Director of NHAI. The firms shall be liable for cancellation of the contract and debarment
in the event of defaults attributable to the firm for non-completion/ poor performance of
services for a period of one year.
9. Payment Schedule:
9.1 Deliverable, Periodicity, Payment Schedule for Development Period

S. Scope of Work Periodicity Clause Payment Schedule
No Reference
Activity / Submission of Report Milestone Fee –
Payable
1 Submission of Inception Report 20 days from 2 of ToR On submission

covering all safety audit Commencement of Inception
activities including finalisation of service Report to NHAI
of methodology, implementing
10%
schedule, and training
requirement as per TOR.
2 Draft Safety Report for Design Within 3 3.1, 3.2, 35%
Stage Audit months from 3.3 and
date of 3.4 of ToR
commencement
83
No Reference
Payable
of services or
date of handing
over first lot of
good for
construction
(GFC) drawings
by the
concessionaire/
contractor,
whichever is
later
3. Final Safety Report for Design Within 15 days 3.5 of ToR 10%
Stage Audit of receiving
comments by
NHAI/IE/AE
4. Draft Safety Report for Design Within 15 days 3.1, 3.2, Within 3 15%
Stage Audit for those design of receiving 3.3 and months of
forwarded later (that were not second lot of 3.4 of ToR Commencement
submitted in the development good for of Construction
stage) during the construction construction
stage (GFC) drawings
from the
concessionaire/
contractor
5 Final Safety Report for Design Within 15 days 3.5 of ToR 5%
comments by
NHAI/IE/AE
6 Draft Safety Report for Design Within 15 days 3.1, 3.2, Within 12 15%
Stage Audit for those design of receiving 3.3 and months of
forwarded later (that were not third lot of 3.4 of ToR Commencement
submitted in the development good for of Construction
stage) during the construction construction
stage (GFC) drawings
from the
concessionaire/
contractor
7 Final Safety Report for Design Within 15 days 3.5 of ToR 5%
comments by
NHAI/IE/AE
84
No Reference
Payable
8 Training Workshop for NHAI field Within 6 6.5 of ToR 5%

officers, staff of IE/AE, months from
Concessionaire and Contractor Commencement
of service
9.2 Deliverable, Periodicity, Payment Schedule for Construction Period

No. Reference
Activity / Milestone Fee -
Submission of Payable
Report
1 Draft Construction 30 days prior to comment 4.1 and 15 days prior to 5%

stage audit Report of construction activities 4.3 of ToR commencement
for the TMP/TCP of construction
prepared by the
Contractor or
Concessionaire
2 Final Construction Within 7 days of receiving 4.4 of ToR 5%

stage audit Report comments by NHAI/IE/AE
for the TMP/TCP
prepared by the
Contractor or
Concessionaire
3. Draft Construction At every four months, and 4.2, 4.3 40%

stage road safety Report within 15 days of and 4.5 of
audit at every four field visit (audit) ToR
months for work
sites.
4 Final Construction Within 7 days of receiving 4.4 of ToR 10%

stage road safety comments by NHAI/IE/AE
audit of worksites
5 Training Workshop Within 6 months from 6.5 of ToR 5%

for NHAI field Commencement of
officers, staff of IE, construction
Concessionaire and
Contractor
85
No. Reference
Activity / Milestone Fee -
Submission of Payable
Report
6 Submission of GAP Submit a Report of GAP 4.5 of ToR 20%

report observed during the site
visit for the design that
were implemented against
the recommendation of
Original Design Stage audit
recommendation once in
four months
7 Draft Pre-Opening 30 days prior to opening 4.6 of ToR 10%
stage audit report the highway to traffic or at
95-100% of construction
completed.
8 Final Pre-Opening Within 7 days of receiving 4.4 of ToR 5%
stage audit report comments by NHAI/IE/AE
9.3 Deliverable, Periodicity, Payment Schedule for Operation/Maintenance Period

No. Reference
Activity / Submission of Milestone Fee -
Report Payable
1 Carryout an existing stage Within 15 5.1 of ToR End of 6th months of 10%
audit at the end of 6th months days from opening the highway
of opening the highway to the site visit to traffic
traffic and submit Draft (audit)
report to RO(NHAI)/IE/AE and
PD
2 Final Road Safety Audit of Within 7 5.2 of ToR Within 7 days of 5%
Existing Road based on days of receiving comments
comments received from receiving by NHAI/IE/AE
RO/PD(NHAI)/IE/AE comments
by
NHAI/IE/AE
3 Prepare a Draft report of Within 14 5.3, 5.4 14th month from 25%
Blackspot Identification, etc months from 5.5, 5.6 opening the highway
after 12 months from opening Opening of and 5.7 of to traffic
of the road to traffic, based the highway ToR
on accident data collection & to traffic
analysis for the project
highway with
countermeasures for
rectification including
86
No. Reference
Report Payable
schematic design
4 Final Report of accident data Within 7 5.8 of ToR Within 7 days of 5%

collection and rectification of days of receiving comments
blackspots with detailed receiving by NHAI/IE/AE
design comments
by
NHAI/IE/AE
5 Carryout an existing stage Within 15 5.1 of ToR End of 24th months 10%
th
audit at the end of 24 days from of opening the
months of opening the the site visit highway to traffic
highway to traffic and submit (audit)
Draft report to
RO/PD(NHAI)/IE/AE
Existing Road based on days of receiving comments
comments received from receiving by NHAI/IE/AE
RO/PD(NHAI)/IE/AE comments
by
NHAI/IE/AE
7 Prepare a Draft report of Within 38 5.3, 5.4 38th month from 20%
Blackspot Identification, etc months from 5.5, 5.6 opening the highway
after 36th months from Opening of and 5.7 of to traffic
opening of the road to traffic, the highway ToR
based on accident data to traffic
collection & analysis for the
project highway with
countermeasures for
rectification including
schematic design
8 Final Report of accident data Within 7 5.8 of ToR Within 7 days of 5%
collection and rectification of days of receiving comments
blackspots with detailed receiving by NHAI/IE/AE
design comments
by
NHAI/IE/AE
9 Carryout an existing stage Within 15 5.1 of ToR End of 36th months 10%
th
audit at the end of 36 days from of opening the
months of opening the the site visit highway to traffic
highway to traffic and submit (audit)
Draft report to
RO/PD(NHAI)/IE/AE
87
No. Reference
Report Payable

Existing Road/Operation Stage days of receiving comments
based on comments received receiving by NHAI/IE/AE
from RO/PD(NHAI)/IE/AE comments
by
NHAI/IE/AE
Note :(i) The firms/ organizations shall pay the consultancy service tax/GST and produce the proof
of payment to the NHAI for getting reimbursement of the same.
9.4 Payments shall be made in Indian Rupees, no later than 30 days following submission of
invoices by the firm in duplicate.
88
Attachment A
WORK ZONE SAFETY AUDIT
Task A: Review Contractual Provisions and Establish Work zone Safety Audit
Procedure
Review and understand various safety provisions as provided in the contract documents of the
particular projects. This should include an appreciation and understanding of the safety
provisions as given in various acts, rules and regulations of GoI/State Government where project
is situated including MoRTH/Indian Roads Congress (IRC) specifications/codes; safety instructions
issued by NHAI from time to time; and safety provisions under the EMP(s) for the project.
(i) Review the existing systems being followed/adopted by the Concessionaire and IEs in
planning, execution, documentations and reporting through collection and assessment of
primary and secondary data/information.
(ii) Identify the major hazards and risks associated with various roads construction activities
and establish a work zone safety audit procedure, satisfactory to NHAI.
Task B: Conduct detailed Work Zone Safety Audit and Recommend Remedial Actions
(i) Carry out a detailed assessment of worksite* safety conditions through site visits in line
with the identified risks and hazards associated with various road construction activities.
This review and assessment must include, but may not be limited, to the following aspects
pertaining to:
(a) Traffic Management Plan: The Consultant will review the relevance, adequacy and
implementation of the Traffic Management Plan(s) prepared by the Contractors. The
procedures followed by the Independent Engineer (IE) / Authority Engineer (AE) with
regard to the approval and ensuring compliance on ground also need to be reviewed.
(b) Traffic Safety Measures: The review should assess the adequacy and quality of various
safety measures such as signage, delineation, barricading and lighting in the construction
zones in line with the provisions covered in the contract agreement and latest IRC
guidelines and other good International practices. The assessment should include various
safety aspects/issues pertaining to night time safety measures and safety at/near
excavations, structure construction sites, diversions and settlement areas apart from
assessing maintenance of existing road surface and riding quality at diversions/detours.
(c) Worker’s Safety: Based on contractual provisions and applicable legal provisions, the
review should cover aspects pertaining to provisions and use of Personal Protective
Equipment such as helmets, masks, safety harness/belts, boots, gloves, eye and hearing
protection devices. The assessment should also include review of safety provisions during
operations such as loading and unloading of materials; bar bending and cutting; gas
cutting/welding, pile driving, excavation work; working near equipment/machinery;
working at heights (including aspects pertaining to ladder, scaffolding, working platform,
railing safety); safety during concrete works (including reinforcement erection, formwork
and concrete pouring/pumping); drilling and blasting; safety during placement of traffic
control devices; tree cutting etc. The compliance with regard to occupational health and
safety precautions in relation to hazards associated with dust, toxic fumes, noise,
vibration and biological factors (snake and insect bites) should also be assessed.
89
(d) Safety during construction of structures including design and suitability of temporary
structural arrangements, structures construction methodologies, etc. Adequacy of the
process of review and approval of the Concessionaire proposals with respect to structures
construction methodology (ies) including design of temporary structures and erection
arrangements by the IE/AE also to be reviewed.
(e) Fire Safety Practices: The assessment should include (a) the risks and hazards associated
with storage, transportation, handling and use of various inflammable
materials/explosives and (b) precautions and preparedness in case of the fire accident/s
at camp/s, plant sites, construction sites and quarries.
(f) Electrical Safety Practices: This should include electrical safety review at plant sites,
camp sites and work sites and near habitations.
(g) Mechanical Safety Practices: The review should include general safety
precautions/practices during plant, machinery, equipment and vehicle operations and
condition of such mechanical devices that are being used for the contract operations.
This will include review of the fitness of various plant and machinery (static and mobile),
practices with respect to periodic maintenance and licensing/certification of fitness of
equipment, as well as suitability of machinery operators including practices with respect
to adherence to licence /certification/ formal training of operators.
(h) Dust Control and Suppression Arrangements.
(i) Storage, transportation, handling and use of various toxic and hazardous materials
(including spill management) used in road construction.
(j) Safety of road-side residents and passers-by.
(k) First aid: The review should include the provision of the first aid arrangements (including
life-saving equipment), availability of qualified staff and health checks-up of workers
(such as those for drivers/operators), as specified under the regulatory framework.
(l) Emergency Response Arrangements: The review should include an assessment with
regards to planning, procedures/processes, warning systems and record keeping.
(m) Accident records: The review should look at whether accident records are being
maintained by the Concessionaires/Contractors and shared with the NHAI on a regular
basis.
(n) Housekeeping (including circulation pattern, storage of materials and disposal of
hazardous wastes).
(o) Any other
(ii) Assess the knowledge and awareness of safety requirements at various levels of the
Concessionaires and IE’s/AE’s staff, and make recommendations for improving the same if
and where required.
(iii) Assess the role of IEs and NHAI Project Implementation Units (PIUs) and Headquarter, and
performance and response of the IE’s/AE’s (including approval system, issuing of
instructions and record keeping) in ensuring/enforcing worksite safety, and make
recommendations thereto as required.
(iv) Identify and make comprehensive list of items/aspects and areas/sections of safety
deficiency in individual contracts of the project.
90
(v) Recommend specific actions that are required to overcome safety deficiencies and to
strengthen/improve safety conditions in the project’s contracts.
(vi) Identify and suggest a comprehensive list of items/aspects to be covered in the monthly
reviews and reports. Also, identify and prepare a comprehensive checklist of items to be
monitored on monthly basis at site for rating the contractors’ performance on work sites
safety management.
(vii) Reassess whether the recommendations made in the Audit Reports (contract specific)
have been implemented or not (including reasons) in the project sites.
Task C: Strengthening Work zone Safety Implementation by NHAI
(i) Assist NHAI in reviewing and revising/issuing instructions for the

Concessionaire/Contractor and IE/AE and NHAI Project Directors (specifying the roles and
responsibilities of each) and in establishing a system for conducting performance review of
Concessionaire/Contractor and IE/AE.
(ii) Propose recommendations that cover technical, contractual and institutional dimensions
with respect to safety during road construction works keeping in mind the issues identified
in safety audit. These should also cover the aspects related to implementation /
enforcement mechanism with regard to safety management during the construction stage.
Task D: Prepare Work Zone Safety Report every quarter.
Task E: Organize and conduct a One day Workshop on half yearly basis on findings of Safety
Audits and follow up action, which will be attended by the representatives from NHAI,
Concessionaire/Contractor, IE/AE and local NGOs etc. (Cost for holding such Workshops: to be
included in the financial proposal)
* A worksite includes the highway and service roads (including structures), access/haul roads,
main and ancillary campsites (including labor camps), all plant sites (including crusher operated
by the project contractors), quarries operated by the project contractors, borrow areas,
material stack yards and workshops. The assessment of access/haul roads is to be done on
sample basis only. A worksite audit doesn’t include safety aspects pertaining to design and
construction stage engineering aspects (such as quality of works).
91
Appendix I
Bank Guarantee for Performance Security
(Refer Clause 7.1.1 and extant circular of NHAI in this regard)
To
The Chairman,
National Highways Authority of India,
G-5 & 6, Sector-10,
Dwarka,
New Delhi –110 075,
India
WHEREAS _________________________________ [Name and address of Consultant] (hereinafter

called ―the consultants) has undertaken, in pursuance of Contract No. _________________ dated
___________________ to provide the services on terms and conditions set forth in this Contract
______________ [Name of contract and brief description of works) (hereinafter called the “the
Contract”).
AND WHEREAS it has been stipulated by you in the said Contract that the Consultant
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified
therein as security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Consultant such a Bank Guarantee;
NOW THEREOF we hereby affirm that we are the Guarantor and responsible to you, on behalf of
the
Consultant up to a total of ________________ [amount of Guarantee]
___________________________________ [in words], such sum being payable in the types and
proportions of currencies in which the Contract Price is payable, and we undertake to pay you,
upon
your first written demand and without cavil or argument, any sum or sums within the
limits of
_____________________________________ [amount of Guarantee] as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified
therein.
We hereby waive the necessity of your demanding the said debt from the Consultant
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of

the Contract or of the services to be performed there under or of any of the Contract
documents which may be made between you and the Consultant shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change, addition
or modification.
The liability of the Bank under this Guarantee shall not be affected by any change in the
constitution of the consultant or of the Bank.
Notwithstanding anything contained herein before, our liability under this guarantee is restricted
to Rs._______________ (Rs. _____________) and the guarantee shall remain valid till ________.
92
Unless a claim or a demand in writing is made upon us on or before _________________ all our
liability under this guarantee shall cease.
This guarantee shall be valid for a period of ………………….
The guarantor/ bank hereby confirms that it is on the SFMS (Structural Finance Messaging System)
platform & shall invariably send an advice of this Bank Guarantee to the designated bank of NHAI
after obtaining details thereof from NHAI. The details are as following:
Name of Beneficiary: [National Highways Authority of India]

Name of Bank: [Name of the bank of Authority]
Address of Bank Branch: [address of band of the authority]
Account No. [Account no.]
IFSC Code: [IFSC Code]
Signature and Seal of the Guarantor ______________________________
In presence of
Name and Designation ________________________
1. ___________________________ (Name, Signature &Occupation)

Name of the Bank __________________________
Address ___________________________
2. _______________________ (Name & Occupation)

Date _____________________
93
Appendix II
Bid Securing Declaration

(Refer Clause1.2.6 and 2.20)
I hereby submit a declaration that the bid submitted by the undersigned, on behalf of the bidder,
[Name of the bidder], either sole or in JV, shall not be withdrawn or modified during the period
of validity i.e. not less than 60 (Sixty) days from the bid due date.
I, on behalf of the bidder, [Name of the bidder], also accept the fact that in case the bid is
withdrawn or modified during the period of its validity or if we fail to sign the contract in case
the work is awarded to us or we fail to summit a performance security before the deadline
defined in clause 2.20.2 of the Request for Proposal (RFP) and Clause 7 of Contract Agreement,
then [Name of the bidder] will be suspended for participation in the tendering process for the
works of NHAI and works under other Centrally Sponsored Schemes, for a period of one year from
the bid due date of this work.
(Signature of the Authorized Signatory)
(Official-Seal)
94
Appendix-III
(See Clause 3.3.4)
Format of LOA
No.________________________
Government of India
(____________ Section)
[Address of Authority]
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 1.8 of the RFP.
4. You are also requested to furnish Performance Security for an amount of …………………. as per
Clause 2.20.2 of the RFP within 30 (thirty) days of receipt of this Letter of Acceptance (LOA). In
case of delay in submission of Performance Security, you may seek extension of time for a period
not exceeding 15 (fifteen) days in accordance with Clause 2.20.2.3 of RFP.
5. In case of failure of submission of Performance Security, within the time period, the award
shall be deemed to be cancelled/ withdrawn and bidder shall be suspended from participation in
the tendering process for the works of MoRTH / NHAI / NHIDCL and works under other Centrally
Sponsored Schemes, for a period of one year from the bid due date of this work.
Yours faithfully,
{Authorized signatory}
Accepted by
(Name of the Authorized person)

(Name of the sole bidder/lead partner of JV)
[Seal of the bidder]
Copy to:
(i) GM (T)/CGM (T) –Road Safety Cell, NHAI HQ
(ii) Concerned PD, NHAI
(iii) GM (T), HQ – Concerned Technical Division
95
Appendix-IV
(refer clause 1 (iv) & 1.2.1)
List of Empanelled Safety Consultants
[List of empanelled safety Consultants to be enclosed here]1
1. [this list shall be updated from time to time. Before inviting proposals, ROs shall
obtain updated list from Road Safety Cell, NHAI]
96

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NHAI - RFP for Appointment

ppointment of Safety Consultant

National Highways Authority of India

Request for Proposal (RFP)

Appointment of Safety Consultant for Construction of Road tunnel,

National Highways Authority of India

2 Invitation for Proposals 6-8

3 Instructions to applicants 9-25

4 Format for submission of Proposal 26-40

7 Schedule-III: Guidance Note on Conflict of Interest 44-45

8 Schedule-IV: No Conflict of Interest Certificate 46

9 Schedule-V: Procedure for E-Tender 47-48

10 Schedule VI: Work Plan 49

11 Schedule VII: Integrity Pact 50-54

12 Draft Contract Agreement 55-74

13 Terms of Reference 75-91

14 Appendix I: Format of Bank Guarantee for Performance Security 92-93

15 Appendix II: Format for Bid Security Declaration 94

16 Appendix III: Format of LOA 95

17 Appendix IV: List of Empanelled Safety Consultants 96

18 Annexure 1-5 of ToR: Templates for Road Safety Audit 97

1.2. Requests for Proposal

Account Number 1471201001629

1.3 Due diligence by Applicants

1.4 Sale of RFP Document

1.5 Validity of the Proposal

1.6 Brief description of the Selection Process

1.7 Currency of Financial Quotes

1.8 Schedule of Selection Process –

1.9 Pre-Proposal visit to the Site and inspection of data

2.1 Scope of Proposal

2.1.4 Key Personnel

(iii)Sub-Key Personnel: Road Safety Assistant/Apprentice:

2.3 Conflict of Interest

2 .6 Site Visit and Verification of Information

2.8 Right to reject any or all Proposals

“Queries/Request for Additional Information concerning RFP for Appointment of Safety

2.11 Amendment of RFP

C. PREPARATION AND SUBMISSION OF PROPOSAL

2.13 Format and signing of Proposal

and clearly marked “ORIGINAL” and submit it online.

2.15 Financial Proposal

2.16 Submission of Proposal

2.17 Bid Due Date

2.19 Modification/ substitution/ withdrawal of Proposals

2.20Bid Securing Declaration

2.20.2 Performance Security

2.23 Tests of responsiveness

deployment of Key Personnel as per empanelment, understanding of the RFP,

2.26 Substitution of Key Personnel

2.28 Award of Consultancy

2.29 Execution of Agreement

2.30 Commencement of Assignment

2.31 Proprietary Data

2.32 Correspondence with the Bidder

3. CRITERIA FOR EVALUATION

3.1 Evaluation of Proposal

3.2Evaluation of Financial Proposal

4. FRAUD AND CORRUPT PRACTICES

Total length of the Project: Project No. _____