Request For Proposal: March 2019

Request For Proposal
For
Implementation of Road Safety Works on 6 Lane Agra –

Etawah Bypass section of NH-2 from Km. 215.000 to Km.
230.000 and from Km 280+000 to 295+000 as per Crash
Vulnerability Audit Report on EPC Mode.
on
Engineering, Procurement & Construction

(EPC) Mode
NATIONAL HIGHWAYS AUTHORITY OF

INDIA
(NHAI)
DECEMBER 2022
March 2019
National Highways Authority of India Request For Proposal
TABLE OF CONTENTS
Contents Page No.

S. No.
Notice inviting RFP 4
Disclaimer 6
Glossary 7
1 Introduction 8
1.1 Background 8
1.2 Brief description of Bidding Process 9
1.3 Schedule of Bidding Process 12
2 Instructions to Bidders 13
A General 13
2.1 General terms of Bidding 13
2.2 Eligibility and qualification requirement of Bidder 18
2.3 Proprietary Data 27
2.4 Cost of Bidding 27
2.5 Site visit and verification of information 28
2.6 Verification and Disqualification 28
B Documents 29
2.7 Contents of the RFP 29
2.8 Clarifications 30
2.9 Amendment of RFP 31
C Preparation and Submission of BIDs 31

2.10 Format and Signing of BID 31
2.11 Documents comprising Technical & financial BID 31
2.12 BID Due Date 34
2.13 Late BIDs 34
2.14 Procedure of e-tendering 34
2.15 Online opening of Bids 35
2.16 Rejection of BIDs 36
2.17 Validity of BIDs 36
2.18 Confidentiality 36
2.19 Correspondence with the Bidder 36
D BID Security 36
2.20 BID Security 36
2.21 Performance Security 37
Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section of NH-2 from Km. 215.000 to
Km. 230.000 and from Km 280+000 to 295+000 as per Crash Vulnerability Audit Report on EPC Mode. 2
3 Evaluation of Technical and Opening & Evaluation of financial 39
Bids
3.1 Evaluation of Technical BIDs 39
3.2 Opening and Evaluation of financial Bids 40
3.3 Selection of Bidder 40
3.4 Contacts during BID Evaluation 41
3.5 Correspondence with the Bidder 41
4 Fraud and Corrupt Practices 42
5 Pre-BID Conference 43
6 Miscellaneous 44
Appendices
IA Letter comprising the Technical BID 45
IB Letter comprising the Financial BID 49
II Bid Security 66
III Format for Power of Attorney for signing of BID 67
IV Format for Power of Attorney for Lead Member of Joint Venture 69
V Format for Joint Bidding Agreement for Joint Venture 71
VI Integrity Pact Format 76
VII Form of Bank Guarantee (For Performance Security) 85
VIII Format of LOA 89
IX Certificate regarding Compliance with Restrictions under 91
Rule 144 (xi) of the General Financial Rules (GFRs)
Annexure of Appendix 1A
I Details of Bidder 50
II Technical Capacity of the Bidder 54
III Financial Capacity of the Bidder 55
IV Details of Eligible Project 57
V Statement of legal capacity 60
VI Information required to Evaluate the Bid capacity 61
VII Guidelines of the Department of Disinvestment 63
VIII Details of ongoing Works 65
National Highways Authority of India,
Regional Office, West-U.P., 3/248, Vishal Khand, Gomti Nagar,
Lucknow (U. P.) – 226010
Notice Inviting Bid
NIT No. NHAI/PIU/AGRA/Misc./29
RFP for Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section
of NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per
Crash Vulnerability Audit Report on EPC Mode.
The Ministry of Road Transport & Highways through National Highways Authority of India
is engaged in the development of National Highways and as part of this endeavour, it has been
decided to undertake Implementation of Road Safety Works on 6 Lane Agra – Etawah
Bypass section of NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to
295+000 as per Crash Vulnerability Audit Report on EPC Mode through an Engineering,
Procurement and Construction (EPC) Contract.
The National Highways Authority of India represented by its Chairman now invites bids from
eligible contractors for the following project:
State NH No. Name of work Estimated Completion Maintenance
cost period period
Implementation of Road
Safety Works on 6 Lane
Agra – Etawah Bypass
section of NH-2 from Rs. 95.87
Uttar Km. 215.000 to Km. Crore
NH-19 9 months 5 years
Pradesh 230.000 and from Km (exclusive
280+000 to 295+000 as of GST)
per Crash Vulnerability
Audit Report on EPC
Mode.
The complete BID document can be viewed / downloaded from official portal of the NHAI
http://nhai.gov.in or the CPPP website https://etenders.gov.in and BIMS portal
https://bims.gov.in from 28.12.2022 to 15.02.2023 (upto 1100 Hrs. IST). Bidder must submit
its Financial bid and Technical Bid at https://etenders.gov.in and https://bims.gov.in on or
before 15.02.2023 (upto 1100 hours IST). Bids received online shall be opened on 16.02.2023
(at 1200 hours IST).
Bid through any other mode shall not be entertained. However, Bid Security, POA for signing
the Bid, POA for lead member of JV, if any, JBA for JV, if any, Integrity Pact, and experience
certificates apostile at foreign origin, if any and other documents specified in clause 2.11.2 of
RFP shall be submitted physically in original by the Lowest Bidder before issuance of Letter
of Acceptance (LOA) by the Authority. Please note that the National Highways Authority of
India reserves the right to accept or reject all or any of the BIDs without assigning any reason
whatsoever.
Office of The Regional Officer,
Regional Office, West-U.P.,
3/248, Vishal Khand, Gomti Nagar,
Lucknow (U. P.) – 226010
Phone: 0522- 4960291 /Fax: 0522- 4950680
E-mail: [email protected]
DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form
by or on behalf of the Authority or any of its employees or advisors, is provided to Bidder(s)
on the terms and conditions set out in this RFP and such other terms and conditions subject
to which such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions
and assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, especially
the [Feasibility Report], may not be complete, accurate, adequate or correct. Each Bidder
should, therefore, conduct its own investigations and analysis and should check the
accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall have
no liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP or arising in
any way for participation in this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP. The Authority may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or assumptions
contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint
the Selected Bidder JV or Contractor, as the case may be, for the Project and the Authority
reserves the right to reject all or any of the Bidders or BIDs without assigning any reason
whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage, delivery fees,
expenses associated with any demonstrations or presentations which may be required by the
Authority or any other costs incurred in connection with or relating to its BID. All such costs
and expenses will remain with the Bidder and the Authority shall not be liable in any manner
whatsoever for the same or for any other costs or other expenses incurred by a Bidder in
preparation or submission of the BID, regardless of the conduct or outcome of the Bidding
Process.
GLOSSARY
Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
BID(s) As defined in Clause 1.2.2
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.5
BID Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
BID Security As defined in Clause 1.2.4
BID Price or BID As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.2
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1(c)
Defect Liability Period As defined in Clause 1.2.6
Eligible Experience As defined in Clause 2.2.2.5 (i)
Eligible Projects As defined in Clause 2.2.2.5 (i)
EPC As defined in Clause 1.1.1
EPC Contract As defined in Clause 1.1.2
Estimated Project Cost As defined in Clause 1.1.3
Feasibility Report As defined in Clause 1.2.3
Financial Capacity As defined in Clause 2.2.2.3 (i)
Government Government of India
Joint Venture As defined in Clause 2.2.1
Jt. Bidding Agreement As defined in Clause 2.1.11(f)
Lead Member As defined in Clause 2.1.11 (c)
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.9 (ii)
Performance Security As defined in Clause 2.21.1
Additional Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.2 (i)
Tie BIDs As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.2 (i)
The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.
National Highways Authority of India

SECTION 1
INTRODUCTION
1.1 Background
1.1.1 The National Highways Authority of India represented by its Chairman (the
“Authority”) is engaged in the development of National Highways and as part of this
endeavour, the Authority has decided to undertake the “Implementation of Road
Safety Works on 6 Lane Agra – Etawah Bypass section of NH-2 from Km. 215.000
to Km. 230.000 and from Km 280+000 to 295+000 as per Crash Vulnerability
Audit Report on EPC Mode” (the “Project”) through an Engineering, Procurement
and Construction (the “EPC”) Contract, and has decided to carry out the bidding
process for selection of a Bidder to whom the Project may be awarded. A brief
description of the project may be seen in the Information Memorandum of the Project
at the CPPP website https: etenders.gov.in and BIMS portal i.e. https://bims.gov.in.
Brief particulars of the Project are as follows:
Name of the National Highway Estimated No of Years

Project Cost for completion
(In Rs. cr.) of work
Implementation of Road Safety Works on 6 Lane
Agra – Etawah Bypass section of NH-2 from Km. 95.87
215.000 to Km. 230.000 and from Km 280+000 to (exclusive of 9 months
295+000 as per Crash Vulnerability Audit Report GST)
on EPC Mode.
1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing,
engineering, procurement and construction of the Project under and in accordance with
the provisions of an engineering, procurement and construction contract (the “EPC
Contract”) to be entered into between the Contractor and the Authority in the form
provided by the Authority as part of the Bidding Documents pursuant hereto. The
Contractor shall also be responsible for the maintenance of the project during the
Defect Liability Period. The scope of work will broadly include Implementation of
Road Safety Works on 6 Lane Agra – Etawah Bypass section of NH-2 from Km.
215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per Crash
Vulnerability Audit Report on EPC Mode and maintenance of the Project during the
Defect Liability Period, which shall be 5 years$.
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified
in the clause 1.1.1 above, which is exclusive of Goods and Service Tax (GST). The
assessment of actual costs, however, will have to be made by the Bidders.
1.1.4 The Agreement sets forth the detailed terms and conditions for award of the project
to the Contractor, including the scope of the Contractor’s services and obligations.
1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the terms set
forth in this RFP and other documents to be provided by the Authority pursuant to this
RFP (collectively the "Bidding Documents"), and all BIDs shall be prepared and
submitted in accordance with such terms on or before the BID due date specified in
Clause 1.3 for submission of BIDs (the “BID Due Date”).
1.1.6 (a) The selected Bidder shall use the Link “Data Lake Portal” available on NHAI
Website nhai.gov.in to communicate with the Authority Engineer and NHAI for all
contractual correspondence.
(b) No physical document shall be accepted unless and until the same is specifically
stated so in the RFP or it is a legal requirement.
1.2 Brief description of Bidding Process

1.2.1 The Authority has adopted a single stage two part system (referred to as the
"Bidding Process") for selection of the Bidder for award of the Project. Under this
process, the bid shall be invited under two parts. Eligibility and qualification of the
Bidder will be first examined based on the details submitted under first part
(Technical Bid) with respect to eligibility and qualifications criteria prescribed in
this RFP (the “Bidder”, which expression shall, unless repugnant to the context,
include the members of the Joint Venture). The Financial Bid under the second part
shall be opened of only those Bidders whose Technical Bids are responsive to
eligibility and qualifications requirements as per this RFP.
GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP) for
qualification of Bidders seeking to acquire stakes in any public sector enterprise
through the process of disinvestment. These guidelines shall apply mutatis
mutandis to this Bidding Process. The Authority shall be entitled to disqualify any
Bidder in accordance with the aforesaid guidelines at any stage of the Bidding Process.
Bidders must satisfy themselves that they are qualified to bid, and should give an
undertaking to this effect in the form at Appendix-IA.
1.2.2 The Bid shall be valid for a period of 120 days from the date specified in Clause 1.3 for
submission of BIDs.
1.2.3 The complete Bidding Documents including the draft Agreement for the Project is
enclosed for the Bidders. The Feasibility Report / Detailed Project Report prepared by
the Authority/ consultants of the Authority (the "Feasibility Report/Detailed Project
Report") is also enclosed. The Feasibility Report / Detailed Project Report of the
Project is being provided only as a preliminary reference document by way of
assistance to the Bidders who are expected to carry out their own surveys, investigations
and other detailed examination of the Project before submitting their Bids. Nothing
contained in the Feasibility Report/Detailed Project Report shall be binding on the
Authority nor confer any right on the Bidders, and the Authority shall have no
liability whatsoever in relation to or arising out of any or all contents of the
Feasibility Report/Detailed Project Report. The aforesaid documents and any addenda
issued subsequent to this RFP Document, will be deemed to form part of the Bidding
Documents. However, Feasibility Report / Detailed Project Report prepared by the
Authority/ consultants of the Authority (the "Feasibility Report/Detailed Project
Report") is not required in case of maintenance works like PR/HIPR to be taken on
EPC mode.
1.2.4 A Bidder is required to submit, along with its BID, a BID Security of Rs. 0.96
Crore (Rupees Ninety Six Lakh Only) (the “Bid Security”). Bidder shall be
required to submit original Bid Security after declaration of bid evaluation result
by the Authority. Bid Security is refundable not later than 150 (One hundred &
fifty) days from the BID Due Date, except in the case of the Selected Bidder
whose Bid Security shall be retained till it has provided a Performance Security
and Additional Performance Security (if any) as per the provision of this RFP and
LOA. BID Security shall be submitted in the form of Account Payee Demand
Draft, Banker’s Cheque or Electronic Bank Guarantee (e-Bank Guarantee). The e-
Bank Guarantee shall be transmitted through SFMS Gateway to NHAI Bank. The
Bidders shall also upload online payment towards cost of tender document of Rs.
10,000/- (Rupees Ten Thousand only) in Authority’s designated bank account and also
upload online payment receipt of the same. Details of designated bank account are as
under:
S. No. Particulars Details
1. Name of Beneficiary NHAI REGIONAL OFFICE WEST UP
2. Name of Bank Canara Bank
3. Account No. 84811010002035
4. IFSC Code CNRB0008598
1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their
cost, such studies as may be required for submitting their respective BIDs for award of
the contract including implementation of the Project.
1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a
Bidder for implementing the Project (the "BID Price"), which is exclusive of Goods
and Service Tax (GST). The total time allowed for completion of construction under
the Agreement (the “Construction Period”) and the period during which the
Contractor shall be liable for maintenance and rectification of any defect or deficiency
in the Project after completion of the Construction Period (the “Defect Liability
Period”) shall be pre-determined, and are specified in the draft Agreement forming
part of the Bidding Documents.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the
lowest BID price.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Bidder
fails to submit the original Bid Security, POA for signing the Bid, POA for lead
member of JV, if any, JBA for JV, if any, Integrity Pact, and experience certificates
apostile at foreign origin, if any and other documents required as per Clause 2.11.2 or
withdraws or is not selected for whatsoever reason except the reason mentioned in
Clause 2.1.12 (b) (4) & clause 3.3.1, the Authority shall annul the Bidding Process and
invite fresh BIDs.
1.2.8 Other details of the process to be followed under this bidding process and the terms
thereof are spelt out in this RFP.
1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted by e-mail to the officer designated in Clause 2.11.4 below with
identification/ title: "Queries / Request for Additional Information: RFP for
Construction of LVUP on Six Lanning of Agra Etawah Bypass section of NH-2
from km 270.270 to km 270.830 and Construction of Foot Over Bridge at Km
274.055 in the state of Uttar Pradesh to be executed on EPC Mode ("Project").
1.2.10 A Bidder is required to submit, along with its technical BID, a self- certification that
the item offered meets the local content requirement for ‘Class - I local Supplier’ /
‘Class - II local Supplier’, as the case may be. The self-certification shall also have
details of the location(s) at which the local value addition is made. In case, bidder
has not submitted the aforesaid certification the bidder will be treated as ‘Non-
Local Supplier’.
In the above pretext, the Class - I Local Supplier, Class - II Local Supplier and the
Non- Local Supplier are defined as under:
(i) ‘Class - I local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for ‘Class -I local Supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class - I local Supplier’ is minimum
50%.
(ii) ‘Class ' II local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for ‘Class - II local Supplier’ under this RFP. The ‘local content’
requirement to categorize a supplier as ‘Class - II local Supplier’ is minimum
20%.
(iii) ‘Non - local Supplier’ means a supplier or service provider, whose goods,
services or works offered for procurement, has local content less than that
prescribed for ‘Class - II local supplier’ under this RFP.
(iv)‘Local content’ means the amount of value added in India which shall be the total
value of item procured (excluding net domestic indirect taxes) minus the value of
imported content in the item (including all customs duties) as a proportion of the
total value, in percent
In case of procurement for a value in excess of Rs. 10 crores, the ‘Class -I local
supplier’ / ‘Class - II local supplier’ shall provide a certificate from the statutory
auditor or cost auditor of the company (in case of companies) or from a practicing
cost accountant or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content.
1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:
Sl.
Event Description Date
No.
1. Invitation of RFP (NIT) 28.12.2022
2. Last date for receiving queries 22.01.2023
3. Pre-BID meeting at venue clause 2.11.4 (i) 21.01.2023 at 1100 Hrs IST
4. Authority response to queries latest by 30.01.2023
5. Last Date of Request for Bid Document 15.02.2023 upto 1100 Hrs IST
6. Date of submission of Tender/Bid (online) - Bid 15.02.2023 upto 1100 Hrs IST
Due Date
7. Opening of Technical Bids at venue provided in at 1200 Hrs. on 16.02.2023
Clause 2.11.4
8. Declaration eligible / qualified Bidders To be notified by Authority
9. Opening of Financial Bid To be notified by Authority
10. Physical Submission of originals Bid Security, Before issuance of Letter of
POA for signing the Bid, POA for lead member Acceptance (LOA) to the Lowest
of JV, if any, JBA for JV, if any, Integrity Pact, Bidder by the Authority
and experience certificates apostille at foreign
origin, if any, and other documents as specified
in clause 2.11.2, by the Lowest Bidder.
11. Letter of Award (LOA) To be notified by Authority
12. Return of signed duplicate copy of LOA Next day of issuance of LOA
13. Date of issue of LOA after obtaining approval To be notified by Authority
from competent Authority MORTH, where
Authority is not competent.
14. Validity of Bid 120 days from Bid Due Date
15. Signing of Agreement Within 45 days of award of LOA
SECTION-2
INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Bidding
2.1.1 No Bidder shall submit more than one BID for the Project. A Bidder bidding
individually or as a member of a Joint Venture shall not be entitled to submit
another BID either individually or as a member of any Joint Venture, as the case
may be.
2.1.2 An International Bidder bidding individually or as a member of a Joint Venture

shall ensure that Power of Attorney is apostille by appropriate authority
notarised in the jurisdiction where the Power of Attorney is being issued and
requirement of Indian Stamp Act is duly fulfilled.
2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Agreement shall have overriding effect; provided, however,
that any conditions or obligations imposed on the Bidder hereunder shall continue
to have effect in addition to its obligations under the Agreement. Further, the
statements and explanations contained in this RFP are intended to provide a better
understanding to the Bidders about the subject matter of this RFP and should not
be construed or interpreted as limiting in any way or manner the scope of services and
obligations of the Contractor set forth in the Agreement or the Authority’s rights to
amend, alter, change, supplement or clarify the scope of work, the work to be
awarded pursuant to this RFP or the terms thereof or herein contained.
Consequently, any omissions, conflicts or contradictions in the Bidding
Documents including this RFP are to be noted, interpreted and applied appropriately
to give effect to this intent, and no claims on that account shall be entertained by the
Authority
2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e. Technical
Bid as per Appendix IA and Financial Bid as per Appendix IB. BID amount shall
be indicated clearly in both figures and words, in Indian Rupees in prescribed
format of Financial Bid and it will be signed by the Bidder’s authorised signatory.
In the event of any difference between figures and words, the amount indicated in words
shall be taken into account.
2.1.5 The Bidder should upload a Power of Attorney as per the format at Appendix-III,
authorising the signatory of the BID to commit the Bidder on CPPP Portal i.e. NHAI’s e-
Tendering Portal and also on BIMS portal. Lowest Bidder shall be required to submit
original Power of Attorney before issuance of Letter of Acceptance (LOA) by the
Authority.
2.1.6 In case the Bidder is a Joint Venture, the Members thereof should upload Power of
Attorney in favour of the Lead Member in the format at Appendix-IV and Joint Bidding
Agreement in the format at Appendix-V. Lowest Bidder shall be required to submit
original Power of Attorney in favour of the Lead Member and original Joint Bidding
Agreement before issuance of Letter of Acceptance (LOA) by the Authority.
2.1.7 Any condition or qualification or any other stipulation contained in the BID shall
render the BID liable to rejection as a non-responsive BID.
2.1.8 The BID and all communications in relation to or concerning the Bidding
Documents and the BID shall be in English language.
2.1.9 This RFP is not transferable.
2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of Bidding
Documents and also fulfilling the criterion as mentioned in clause 2.2.
2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following additional
requirements:
(a) Number of members in a Joint Venture shall not exceed 3 (Three);
(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the lead member
(the “Lead Member”). Lead Member shall met at least 60% requirement of
Bid Capacity, Technical and Financial Capacity, required as per Clause 2.2.2.1,
2.2.2.2(i) & 2.2.2.3. The nomination(s) shall be supported by a Power of
Attorney, as per the format at Appendix-III, signed by all the other Members of
the Joint Venture. Other Member(s) shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity required as per Clause 2.2.2.1,
2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall cumulatively/collectively fulfil
the 100% requirement;
(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and
defect liability obligations;
(e) the Lead Member shall itself undertake and perform at least 51(fifty one) per
cent of the total length of the Project Highway,
(f) members of the Joint Venture shall have entered into a binding Joint Bidding
Agreement, substantially in the form specified at Appendix V (the “Jt. Bidding
Agreement”), for the purpose of making the Application and submitting a Bid
in the event of being pre-qualified. The Jt. Bidding Agreement, to be uploaded
along with the Application, shall, inter alia:
(i) convey the commitment(s) of the Lead Member in accordance with this
RFP, in case the contract to undertake the Project is awarded to the Joint
Venture; and clearly outline the proposed roles & responsibilities, if any,
of each member;
(ii) commit the approximate share of work to be undertaken by each member
conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint Venture shall
be liable jointly and severally for all obligations of the Contractor in
relation to the Project until the Defect Liability Period is achieved in
accordance with the EPC Contract; and
(g) except as provided under this RFP, there shall not be any amendment to the Jt.
Bidding Agreement.
(h) No Joint Venture up to Estimate Project Cost of Rs. 100 crores (One Hundred
Crores). However, Joint Venture for any Estimated Project Cost is permissible
in case of maintenance works to be taken up on EPC mode.
2.1.12 While bidding is open to persons from any country, the following provisions shall
apply:
(a) Where, on the date of the Application, not less than 50% (fifty percent) of the
aggregate issued, subscribed and paid up equity share capital in the L-1 Bidder or its
Member is held by persons resident outside India or where a Bidder or its Member is
controlled by persons resident outside India, then the eligibility and award of the
project to such L-1 Bidder shall be subject to approval of the competent authority
from national security and public interest perspective as per the instructions of the
Government of India applicable at such time. The decision of the authority in this
behalf shall be final and conclusive and binding on the Bidder.
(b) Further, where the LoA of a project has been issued to an agency, not covered under
the category mentioned above, and it subsequently wishes to transfer its share capital
in favour of another entity who is a resident outside India or where a Bidder or its
Member is controlled by persons resident outside India and thereby the equity capital
of the transferee entity exceeds 50% or above, any such transfer of equity capital
shall be with the prior approval of the competent authority from national security and
public interest perspective as per the instructions of the Government of India
applicable at such point in time.
(2) The holding or acquisition of equity control, as above shall include direct or
indirect holding, acquisition, including by transfer of the direct or indirect legal or
beneficial ownership or control, by persons acting for themselves or in concert and in
determining such holding or acquisition, the Authority shall be guided by the
principles, precedents and definitions contained in the Securities and Exchange
Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011,
or any substitute thereof, as in force on the date of such acquisition.
(3) The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable for
disqualification from the Bidding process.
(4) In case the L-1 Applicant under (a) above is denied the security clearance, for
whatsoever reasons, then the applicants emerging as L-2, L-3 eligible Bidders (in
that order) may be given a counter-offer (one by one sequentially) to match the bid of
L-1 applicant/preferred Bidder. In the event of acceptance of the counter-offer by
another eligible Bidder, the project may be awarded to such Bidder. In case no
applicant matches the bid of the L-1 applicant, the bid process shall be annulled and
fresh bids invited.
2.1.13 Notwithstanding anything to the contrary contained herein, in the event that the Bid
Due Date falls within three months of the closing of the latest financial year of a
Bidder, it shall ignore such financial year for the purposes of its Bid and furnish all
its information and certification with reference to the 5 (five) years or 1 (one) year,
as the case may be, preceding its latest financial year. For the avoidance of doubt,
financial year shall, for the purposes of a Bid hereunder, mean the accounting year
followed by the Bidder in the course of its normal business.
2.1.14 The Bidder, including an individual or any of its Joint Venture member, should not be
a non-performing party1 on the bid submission date. The Bidder, including any Joint
Venture Member, shall be deemed to be a non-performing party if it attracts any or
more of the following conditions in any of its ongoing or completed project:
(i) Fails to set up institutional mechanism and procedure as per Contract.
(ii) Fails to mobilize key construction equipment within a period of 4 months

from the Appointed Date:
(iii) Fails to complete or has missed any milestone and progress not commensurate
with contiguous unencumbered project length/ROW available even after lapse
of 6 months from respective project milestone/Schedule Completion date,
unless Extension of Time has been granted due to Authority’s Default of
Force Majeure:
(iv) Fails to achieve progress commensurate with funds released from Escrow
Account (Equity + Debt + Grant) in BOT or HAM project and variation is
more than 25% in the last 365 days:
(v) Fails to achieve target progress or complete the project as per schedule agreed
at the time of sanctioning of funds under One Time Funds Infusion (OTFI) or
relaxations to contract conditions to improve cash flow solely on account of
Concessionaire’s/contractor’s failure/default
(vi) Fails to complete rectification (excluding minor rectifications) as per time

given in non-conformity reports (NCR) in design/completed
works/maintenance or reported in Inspection Reports issued by Quality
Inspectors deployed by the Authority or Officers of the Authority.
(vii) Fails to complete minor rectifications exceeding 3 instances in a project as per

time given in non-conformity reports (NCR) in design/completed
works/maintenance;
(viii) Fails to fulfil its obligations to maintain a highway in a satisfactory condition

in spite of two rectification notices issued in this regards;
(ix) Damages/penalties recommended by Independent/Authority’s Engineer

during O&M Period and remedial works are still not taken up;
(x) Fails to complete Punch list items even after lapse of time for completion of
such items excluding delays attributable to the Authority;
(xi) Occurrences of minor failure of structures/highway due to construction defect

wherein no casualties are reported (casualties include injuries to human being
/ animals);
(xii) Occurrence of major failure of structures/highway due to construction defect

wherein no casualties are reported (Casualties include injuries to human being
/ animals);
(xiii) Occurrence of major failure of structures/highway due to construction defect
leading to loss of human lives besides loss of reputation etc. of the authority;
(xiv) Fails to make premium payments excluding the current installment in one or
more projects;
(xv) Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case);
(xvi) Fails to submit the Performance Seccurity within the permissible time period
in more than one project;
(xvii) Related as an unsatisfactory performing entity/ non-performing entity by an

independent third-party agency and so notified on the website of the
Authority;
(xviii) Failed to perform for the works of Expressways, National Highways, ISC &
EI works in the last 2 (two) years, as evidenced by imposition of a penalty by
an arbitral or judicial authority or a judicial pronouncement or arbitral award
against the Bidder, including individual or any of its Joint Venture Member,
as the case may be;
(xix) Expelled from the contract or the contract terminated by the Ministry of Road
Transport & Highways or its implementing agencies for breach by such
Bidder, including individual or any of its Joint Venture Member; Provided
that any such decision of expulsion or termination of contract leading to
debarring of the Bidder from further participation in bids for the prescribed
period should have been ordered after affording an opportunity of hearing to
such party.
(xx) Fails to start the work or cause delay in maintenance & repair/ overlay of the
project.
The Bidder, including individual or each member of Joint Venture, shall give the list
of the projects of Expressways, National Highways, ISC and EI works of Ministry
of Road Transport & Highways or its implementing agencies (NHAI/
NHIDCL/State PWDs) and the status of above issues in each project as on the bid
submission date and undertake that they do not attract any of the above categories
(Ref. Sr. No.6, Annex-I of Appendix – IA).
The Bidder including individual or any of its Joint Venture Member may provide
(i) details of all their on-going projects along with updated stage of litigation, if so,
against the Authority / Governments;
(ii) details of updated on-going process of blacklisting if so, under any contract with
Authority / Government; and
(iii) details of all their on-going projects in the format at Annexure-VIII of Appendix IA
(Ref Clause 10.3 (iv) of Draft EPC Agreement).
The Authority reserves the right to reject an otherwise eligible Bidder on the basis
of the information provided under this clause 2.1.14. The decision of the Authority
in this case shall be final.
Upon declaration of non-performer/debarred, the Contractor/Concessionaire will not
be able to participate in any bid for National Highways projects with MoRTH or its
executing agencies till such time the debarment persists or the
Contractor/Concessionaire is removed from the list of non-performer. In bidding for
a particular project, bids from only such firms should be considered for placement
of contract, which are neither debarred on the date of opening of tender nor debarred
on the date of issue of Letter of Acceptance (LoA). Contracts concluded before the
issue of the debarment/declaration as non-performer order shall, not be affected by
the debarment order(s) issued subsequently.
In case, any debarred/declared non-performer firm submits the bid, the same will be
ignored. In case such firm is lowest (L-1), next lowest firm shall be considered as L-
1. Bid Security submitted by such debarred/declared non-performer firms shall be
returned to them.
Debarment/declaration as non-performer of a particular firm shall automatically

extend to all its allied firms. In case a joint venture/consortium is debarred, all
partners/member shall stand debarred for the entire period.
1
Sub- clauses (i) to (xi) under this Clause would be applicable only when the Contractor attracts these defaults on the bid submission date.
The day the Contractor cures the said defaults and becomes compliant, he would be eligible to participate in bids received after such
date.
2.1.15 All Orders of Ministry of Finance/DPIIT/any other Government agencies, as

applicable and prevalent on the date of LOA, shall be applicable.
2.1.16 Entities of countries which have been identified by Ministry of Road Transport &
Highways as not allowing Indian companies to participate in their Government
procurement for any item related to Ministry of Road Transport & Highways shall not
be allowed to participate in Government procurement in India for all items related to
Ministry of Road Transport & Highways, except for the list of items published by the
Ministry of Road Transport & Highways permitting their participation.
2.2. Eligibility and qualification requirements of Bidder
2.2.1 For determining the eligibility of Bidder the following shall apply:
(a) The Bidder may be a single entity or a group of entities (the “Joint Venture”),
coming together to implement the Project. The term Bidder used herein would apply
to both a single entity and a Joint Venture. However, in case the estimated cost of the
project for which bid is invited is upto Rs. 100 Crore, then Joint Venture shall not be
allowed.
(b) Bidder may be a natural person, private entity, or any combination of them with a
formal intent to enter into a Joint Venture agreement or under an existing agreement
to form a Joint Venture. A Joint Venture shall be eligible for consideration subject to
the conditions set out in Clause 2.1.11 above.
(c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified
and liable for forfeiture of the Bid Security or Performance Security as the case may be.
A Bidder shall be deemed to have a Conflict of Interest affecting the Bidding Process,
if:
(i) the Bidder, its Joint Venture Member (or any constituent thereof) and any other
Bidder, its Member or any Member of its Joint Venture thereof (or any
constituent thereof) have common controlling shareholders or other ownership
interest; provided that this disqualification shall not apply in cases where the
direct or indirect shareholding of a Bidder, or its Joint Venture Member thereof
(or any shareholder thereof having a shareholding of more than 5% (five
percent) of the paid up and subscribed share capital of such Bidder, or its Joint
Venture Member, as the case may be), in the other Bidder, its Joint Venture
Member is less than 5% (five percent) of the subscribed and paid up equity
share capital thereof; provided further that this disqualification shall not apply
to any ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act 1956. For
the purposes of this Clause 2.2.1(c), indirect shareholding held through one or
more intermediate persons shall be computed as follows: (aa) where any
intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in any
other person (the “Subject Person”) shall be taken into account for computing
the shareholding of such controlling person in the Subject Person; and (bb)
subject always to sub-clause (aa) above, where a person does not exercise
control over an intermediary, which has shareholding in the Subject Person, the
computation of indirect shareholding of such person in the Subject Person shall
be undertaken on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the shareholding of
such person in the intermediary is less than 26% of the subscribed and paid up
equity shareholding of such intermediary; or
(ii) a constituent of such Bidder is also a constituent of another Bidder; or
(iii) such Bidder, or any of its Joint Venture Member thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or subordinated
debt from any other Bidder, or any of its Joint Venture Member thereof or has
provided any such subsidy, grant, concessional loan or subordinated debt to any
other Bidder, its Member or any of its Joint Venture Member thereof; or
(iv) such Bidder has the same legal representative for purposes of this Application
as any other Bidder; or
(v) such Bidder, or any of its Joint Venture Member thereof has a relationship with
another Bidder, or any of its Joint Venture Member thereof, directly or through
common third party/ parties, that puts either or both of them in a position to
have access to each others’ information about, or to influence the Application
of either or each other; or
(vi) such Bidder, or any of its Joint Venture Member thereof has participated as a
consultant to the Authority in the preparation of any documents, design or
technical specifications of the Project.
(d) For determining the eligibility of Bidder from a country which shares a land
border with India the following shall apply:
(i) Any Bidder from a country which shares a land border with India will be
eligible to bid, only if the Bidder is registered with the Competent Authority,
specified in Annexure I of Order (Public Procurement No. 1) issued by
Ministry of Finance, Department of Expenditure Public Procurement Division
vide F. No. 6/18/2019-PPD, dated 23rd July 2020, which shall form an integral
part of RFP and DCA (Copy enclosed).
(ii) "Bidder from a country which shares a land border with India" means:
a) An entity incorporated, established or registered in such a country, or

b) A subsidiary of an entity incorporated, established or registered in such a
country; or
c) An entity substantially controlled through entities incorporated, established
or registered in such a country; or
d) An entity whose beneficial owner is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A Consortium or joint venture where any member of the consortium or
joint venture falls under any of the above.
(iii) Beneficial owner for the purpose of (ii) above means:
1. In case of a company or Limited Liability Partnership, the beneficial owner is

the natural person(s), who, whether acting alone or together, or through one or
more judicial person, has a controlling ownership interest or who exercises
control through other means.
Explanation:
a) "Controlling ownership interest" means ownership of or entitlement to

more than twenty-five per cent of shares or capital or profits of the
company.
b) "Control" shall include the right to appoint majority of the directors or
to control the management or policy decisions including by virtue of
their shareholding or management rights or shareholding agreements or
voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or one or more juridical
person: has ownership of entitlement to more than fifteen percent of capital or
profits of the partnership;
3. In case of an unincorporated association or body of individuals, the beneficial

owner is the natural person(s), who, whether acting alone or together, or
through one or more juridical person, has ownership of or entitlement to more
than fifteen percent of the property or capital or profits of such association or
body of individual;
4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;
5. In case of a trust, the identification of beneficial owner(s) shall include

identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or
ownership.
(iv) An Agent is a person employed to do any act for another, or to represent
another in dealings with third person.
(v) The Selected Bidder shall not be allowed to sub-contract works to any
contractor from a country which shares a land border with India unless such
contractor is registered with the Competent Authority. The definition of
"contractor from a country which shares a land border with India" shall be as in
Clause 2.2.1 (d)(ii) above.
Certificate regarding Compliance:
A certificate on the letterhead of the Bidder shall be required to be submitted by the

bidders certifying the following in the format prescribed at Appendix-IX:
"I/We have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors
from such countries;
I/We certify that this bidder is not from a country or, if from such a country, has been
registered with the Competent Authority as defined in Public Procurement Order no.
F.no.6/18/2019- PPD dated 23rd July 2020 and will not sub-contract any work to a
contractor from such countries unless such contractor is registered with the
Competent Authority;
I/We hereby certify that this bidder fulfils all requirements in this regard and is
eligible to be considered."
It may be noted that in case the above certification is found to be false, this would be
a ground for immediate rejection of Bid/termination and further legal action in
accordance with law.
Validity of Registration:
In respect of RFP, registration should be valid at the time of submission of bids and
at the time of acceptance of bids. If the Bidder was validly registered at the time of
acceptance, registration shall not be a relevant consideration during contract
execution.
2.2.2 Qualification requirements of Bidders:
2.2.2.1 BID Capacity
Bidders who inter alia meet the minimum qualification criteria will be qualified
only if their available BID capacity is more than the total BID value (value as per
Clause 1.1.1). The available BID capacity will be calculated as per following, based
on information mentioned at Annexure-VI of Appendix-IA:
Assessed Available BID capacity = (A*N*2.5 – B + C), Where
N= Number of years prescribed for completion of work for which Bid is invited.
A = Maximum value of civil engineering works excluding the amount of bonus

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

by the Client or its Engineer-in-charge not below the rank of Executive Engineer or
equivalent in respect of EPC Projects.
3. The factor for the year for updation to the price level is indicated as under:
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation factor 1.00 1.05 1.10 1.15 1.20
4. The Bid capacity status of the bidder to be updated as on the day before opening the
financial bids
2.2.2.2 Technical Capacity

(i) For demonstrating technical capacity and experience (the “Technical
Capacity”), the Bidder shall, over the past 5 (five) financial years preceding
the Bid Due Date, have received payments for construction of Eligible
Project(s), or has undertaken construction works by itself in a PPP project,
such that the sum total thereof, as further adjusted in accordance with clause
2.2.2.5 (i) & (ii), is more than Rs. 71.90 Crore (Rupees Seventy One Crore
and Ninety Lakh only) (the “Threshold Technical Capacity”).
(ii) For normal Highway projects (including Major

Bridges/ROB/Flyovers/Tunnels):
Provided that at least one similar work of 20% of Estimated Project Cost Rs.
19.17 Crore (Rupees Nineteen Crore and Seventeen Lakh Only) shall have
been completed from the Eligible Projects in Category 1 and/or Category 3
specified in Clause 2.2.2.5. For this purpose, a project shall be considered to
be completed, if more than 90% of the value of work has been completed and
such completed value of work is equal to or more than 20% of the estimated
project cost. Eligible project costs shall include the following:
(a) Widening/ reconstruction/ up-graduation works on NH/SH//Expressway
or on any category of road taken up under CRF, ISC/EI, SARDP, LWE
(b) Widening/ reconstruction/ up-gradation works on MDRs with loan
assistance from multilateral agencies or on BOT basis
(c) Widening/ reconstruction/ up-gradation works of roads in Municipal
Corporation limits, construction of Bypasses.
(d) Construction of Stand-alone bridges, ROBs, tunnels
(e) Construction/ reconstruction of linear projects like airport runways,
railways, (construction/ reconstruction of railways of Jetties)
If any, Major Bridge/ROB/Flyover/ Tunnel is (are) part of the project, then

the sole Bidder or in case the Bidder being a Joint Venture, any member of
Joint Venture shall necessarily demonstrate additional experience in
construction of Major Bridge/ROBs/Flyovers in the last 5 (five) financial
years preceding the Bid Due Date i.e. shall have completed at least one
similar Major Bridge/ ROB/Flyover having span equal to or greater than.
(a) In case, longest span of Bridge/ROB/flyover is less than or equal to 60 m,

no additional qualification is required, since the longest span of
Bridge/ROB/flyover is less than 60m.
(b) when longest span is more than 60 m :50% of the longest span or 100
m, whichever is less, of the structure proposed in this project.
(iii) Deleted
(iv) The updation factor to update the price of the eligible projects for the year
indicated in table below:

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

(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of
Rs. 4.79 Crore (Rupees Four Crore and Seventy Nine Lakh only) at the close
of the preceding financial year.
(ii) The Bidder shall have a minimum Average Annual Turnover (updated to the
price level of the year based on factors indicated in table below) of Rs. 14.38
Crore (Rupees Fourteen Crore and Thirty Eight Lakh only) for the last 5
(five) financial years.
Up-dation factor 1.00 1.05 1.10 1.15 1.20
2.2.2.4 In case of a Joint Venture:
(i) The Bid Capacity, Technical Capacity and Financial Capacity of all the
Members of Joint Venture would be taken into account for satisfying the
above conditions of eligibility. Further, Lead Member shall meet at least 60%
requirement of Bid Capacity, Technical and Financial Capacity as per Clause
2.2.2.1, 2.2.2.2(i) and 2.2.2.3 and each of other JV members shall meet at
least 20% requirement of Bid Capacity, Technical and Financial Capacity
individually as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3. For avoidance of
doubt it is further clarified that the Joint Venture must collectively and
individually satisfy the above qualification criteriai.e. JV shall
cumulatively/collectively fulfill the 100% requirement.
(ii) For requirement of 2.2.2.2 (ii) & (iii), one similar work of 20% of Estimated
Project Cost should have been completed from the Eligible Projects in
Category 1 and/or Category 3 individually by any of the JV members as a
single work.
2.2.2.5 Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of experience
would qualify as Technical Capacity and eligible experience (the "Eligible
Experience") in relation to eligible projects as stipulated in Clauses 2.2.2.6 (i) &
(ii) (the "Eligible Projects"). In case the Bidder has experience across different
categories, the experience for each category would be computed as per weight of
following factors to arrive at its aggregated Eligible Experience:
Category Project / Construction experience on Eligible Projects Factors
1 Project in highways sector that qualify under 1
Clause 2.2.2.6 (i)
2 Project in core sector that qualify under 0.75
Clause 2.2.2.6 (i)
3 Construction in highways sector that qualify under Clause 1
2.2.2.6 (ii)
4 Construction in core sector that qualify under 0.75
Clause 2.2.2.6 (ii)
(ii) The Technical capacity in respect of an Eligible Project situated in a

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

bridges, tunnels, runways, railways (construction/re-construction of
railway tracks, yards for keeping containers etc.) metro rail and ports
(including construction/re-construction cost of Jetties, any other linear
infrastructure including bridges etc.); and
(b) core sector would be deemed to include civil construction cost of power
sector, commercial setups (SEZs etc.), airports, industrial parks/ estates,
logistic parks, pipelines, irrigation, water supply, sewerage, stadium,
hospitals, hotel, smart city, warehouses/silos, oil and gas and real estate
development. Core sector will also include the projects with the title of
RIDF, PMGSY road, link road, city roads, rural road, sector/
municipality road, real estate projects which demonstrate road
development/ construction bridges or culverts.
(I) In case of projects executed by applicant under category 3 and 4 as a
member of Joint Venture, the project cost should be restricted to the
share of the applicant in the joint venture for determining eligibility as
per provision under clause 2.2.2.2 (ii). In case Statutory Auditor certiﬁes
that, the work of other member(s) is also executed by the applicant, then
the total share executed by applicant can be considered for determining
eligibility as per provision under clause 2.2.2.2 (ii).
(II) Maintenance works are not considered as eligible project for evaluation
as per Instruction No.6 to Annex-IV. As such works with nomenclature
like PR, OR, FDR,SR, site/micro grading, surface renewal, resurfacing
work, Tarring, B.T. surface work, temporary restoration, urgent works,
periodic maintenance, repair & rehabilitation, one time maintenance,
permanent protection work of bank, external pre stressing, repair of
central hinge, short term OMT contract of NHAI, any type of work
related to border fencing, work of earthwork alone, construction of
buildings/ hostels, etc., or not speciﬁed, shall not be considered.
However, such maintenance works shall be considered as eligible
projects in case of Maintenance works to be taken up on EPC mode.
(III) The works such as Improvement in Riding Quality work (IRQP/IRQ),

shall be considered for Technical Capacity 2.2.2.2 (i) but not for similar
completed works 2.2.2.2 (ii) and 2.2.2.2 (iii). However, such work shall
be considered for similar completed works 2.2.2.2 (ii) in case of
Maintenance works to be taken up on EPC mode.
(VI) In case of both the estimated cost of project and revised cost of project
are provided, the revised cost of project shall be considered for
evaluation.
2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:
(i) For a project to qualify as an Eligible Project under Categories 1 and 2:

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO,
BOOT or other similar basis for providing its output or services to a
public sector entity or for providing non-discriminatory access to users in
pursuance of its charter, concession or contract, as the case may be. For
the avoidance of doubt, a project which constitutes a natural monopoly
such as an airport or port should normally be included in this category
even if it is not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company owning
the Eligible Project, a minimum of 26% (twenty six per cent) equity
during the entire year for which Eligible Experience is being claimed;
(c) the capital cost of the project should be more than 5% of the amount
specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have itself undertaken the construction of the
project for an amount equal to at least one half of the Project Cost of
eligible projects, excluding any part of the project for which any
contractor, sub-contractor or other agent was appointed for the purposes
of construction.
(ii) For a project to qualify as an Eligible Project under Categories 3 and 4, the
Bidder should have received payments from its client(s) for construction
works executed, fully or partially, or work executed and certified by the
Engineer-in-charge/Independent Engineer/Authority’s Engineer during the 5
(five) financial years immediately preceding the Bid Due Date, and only the
amounts (gross) actually received/ work executed, during such 5 (five)
financial years shall qualify for purposes of computing the Experience Score.
However, receipts of or work executed amount less than Rs. 4.79 Crore
(Rupees Four Crore and Seventy Nine Lakh only) shall not be reckoned as
receipts for Eligible Projects. For the avoidance of doubt, construction works
shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract / EPC contract for the
project. Further, the cost of land and also cost towards pre-construction
activities (like shifting of utilities etc.) shall not be included hereunder.
(iii) The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or
along with a member of the Joint Venture) may have played multiple roles in
the cited project. Double counting for a particular Eligible Project shall not be
permitted in any form.
(iv) Experience for any activity relating to an Eligible Project shall not be claimed
by two or more Members of the Joint Venture. In other words, no double
counting by a Joint Venture in respect of the same experience shall be
permitted in any manner whatsoever.
2.2.2.7 Submission in support of Technical Capacity
(i) The Bidder should furnish the details of Eligible Experience for the last 5
(five) financial years immediately preceding the Bid Due Date.
(ii) The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.
(iii) The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at Annex
-IV of Appendix-IA.
(iv) The Bidder shall update details of Experience (ongoing and completed
projects) on the Bidder Information Management System (BIMS)
www.bims.gov.in on a regular basis. The details of Eligible Experience for the
last 5 financial years, necessary information relating to Technical Capacity
and Project Specific Information shall be taken from the information uploaded
on BIMS.
2.2.2.8 Submission in support of Financial capacity
(i) The Technical Bid must be accompanied by the Audited Annual Reports of
the Bidder (of each Member in case of a Joint Venture) for the last 5 (five)
financial years, preceding the year in which the bid is submitted.
(ii) In case the annual accounts for the latest financial year are not audited and
therefore the Bidder cannot make it available, the Bidder shall give an
undertaking to this effect and the statutory auditor shall certify the same. In
such a case, the Bidder shall provide the Audited Annual Reports for 5 (five)
years preceding the year for which the Audited Annual Report is not being
provided.
(iii) The Bidder must establish the minimum Net Worth specified in Clause
2.2.2.3, and provide details as per format at Annex-III of Appendix-IA.
2.2.2.9 The Bidder shall enclose with its Technical Bid, to be submitted as per the format
at Appendix-IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by
itself, during the past 5 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Bidder (as part of a
Joint Venture), it should further support its claim for the payments received or
construction carried out by itself in PPP Projects as applicable the share in
work done for that particular job/ contract by producing a certificate from its
statutory auditor or the client; and
(ii) Certificate(s) from its statutory auditors specifying the net worth of the
Bidder, as at the close of the preceding financial year, and also specifying that
the methodology adopted for calculating such net worth conforms to the
provisions of this Clause 2.2.2.9 (ii). For the purposes of this RFP, net worth
(the “Net Worth”) shall mean the aggregate value of the paid-up share capital
and all reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred
expenditure and miscellaneous expenditure not written off, as per the audited
balance sheet, but does not include reserves created out of revaluation of
assets, write-back of depreciation and amalgamation.
2.2.2.10 Deleted.
2.3 Proprietary data

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

The Bidders shall be responsible for all of the costs associated with the
preparation of their BIDs and their participation in the Bidding Process. The
Authority will not be responsible or in any way liable for such costs, regardless of the
conduct or outcome of the Bidding Process.
$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided,
a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.2.9 (i). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Applicant may provide the certificates required under this RFP.
2.5 Site visit and verification of information
2.5.1 Bidders are encouraged to submit their respective BIDs after visiting the Project
site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, availability of power, water & other utilities for
construction, access to site, handling and storage of materials, weather data,
applicable laws and regulations, and any other matter considered relevant by them.
Bidders are advised to visit the site and familiarise themselves with the Project with in the
stipulated time of submission of the Bid. No extension of time is likely to be considered
for submission of Bids.
2.5.2 It shall be deemed that by submitting a BID, the Bidder has:

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

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

Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture and each
Member of the Joint Venture may be disqualified/ rejected. If such
disqualification/rejection occurs after the BIDs have been opened and the lowest
Bidder gets disqualified / rejected, then the Authority reserves the right to annul the
Bidding Process and invites fresh BIDs.
2.6.3 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of defect liability subsistence
thereof, that one or more of the eligibility and /or qualification requirements have not
been met by the Bidder, or the Bidder has made material misrepresentation or has given
any materially incorrect or false information, the Bidder shall be disqualified forthwith if
not yet appointed as the contractor either by issue of the LOA or entering into
of the Agreement, and if the Selected Bidder has already been issued the LOA or
has entered into the Agreement, as the case may be, the same shall, notwithstanding
anything to the contrary contained therein or in this RFP, be liable to be terminated, by
a communication in writing by the Authority to the Selected Bidder or the Contractor,
as the case may be, without the Authority being liable in any manner whatsoever to the
Selected Bidder or the Contractor. In such an event, the Authority shall be entitled to
forfeit and appropriate the Bid Security or Performance Security, as the case may
be, as Damages, without prejudice to any other right or remedy that may be
available to the Authority under the Bidding Documents and / or the Agreement, or
otherwise.
2.6.4. A Bidder shall be liable for disqualification and Bid Security, if any legal, financial or
technical adviser of the Authority in relation to the Project is engaged by the Bidder, its
Member or any Associate thereof, as the case may be, in any manner for matters
related to or incidental to such Project during the Bidding Process or subsequent to the
(i) issue of the LOA or (ii) execution of the Agreement. In the event any such adviser
is engaged by the selected Bidder or Contractor, as the case may be, after issue of the
LOA or execution of the Agreement for matters related or incidental to the project,
then notwithstanding anything to the contrary contained herein or in the LOA or the
Agreement and without Prejudice to any other right or remedy or the Authority,
including or the forfeiture and appropriation of the Bid Security or Performance
Security, as the case may be, which the Authority may have there under or otherwise,
the LOA or the Agreement, as the case may be, shall be liable to be terminated without
the Authority being liable in any manner whatsoever to the Selected Bidder or
Contractor for the same. For the avoidance or doubt, this disqualification shall not
apply where such adviser was engaged by the Bidder, its Member or Associate in the
past but its assignment expired or was terminated 6 (six) months prior to the date of
issue of this RFP. Nor will this disqualification apply where such adviser is engaged
after a period of 3 (three) years from the date of commercial operation of the Project.
B. DOCUMENTS
2.7 Contents of the RFP
2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.
Part –I
Invitation for BID s

Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of BIDs
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference
Section 6. Miscellaneous
Appendices
IA. Letter comprising the Technical BID including Annexure I to VII
IB. Letter comprising the Financial BID
II. Bank Guarantee for Bid Security
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA
IX Certificate regarding Compliance with Restrictions under Rule 144 (xi)
of the General Financial Rules (GFRs), 2017
Part –II
Agreement Document with schedules
Part – III
Feasibility Report / Detailed Project Report provided by the authority
2.7.2 The draft Agreement and the Feasibility / Detailed Project Report provided by the
Authority as part of the BID Documents shall be deemed to be part of this RFP.
2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing
by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the Schedule of Bidding Process
specified in Clause 1.3. The Authority shall endeavour to respond to the queries
within the period specified therein, but no later than 15 (fifteen) days prior to the
BID Due Date. The responses will be sent by fax or e-mail. The Authority will
forward all the queries and its responses thereto, to all Bidders without identifying
the source of queries.
2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to
any question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the Authority to respond
to any question or to provide any clarification.
2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications &
interpretations issued by the Authority shall be deemed to be part of the Bidding
Documents. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on the
Authority.
2.9 Amendment of RFP
2.9.1 At any time prior to the BID Due Date, the Authority may, for any reason, whether at its
own initiative or in response to clarifications requested by a Bidder, modify the RFP by
the issuance of Addenda.
2.9.2 Any Addendum issued hereunder will be hosted on the NHAI’s website
(www.nhai.gov.in), NHAI’s e-Tendering Portal (https://etenders.gov.in) and BIMS
portal (https://bims.gov.in/).
2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend the
BID Due Date.
C. PREPARATION AND SUBMISSION OF BIDS
2.10 Format and Signing of BID
2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority
will evaluate only those BIDs that are received online in the required formats and
complete in all respects. However, Bid Security, POA for signing the Bid, POA for
lead member of JV, if any, JBA for JV, if any, Integrity Pact, and experience
certificates apostile at foreign origin, if any shall be submitted physically in original
by the Lowest Bidder (including all of its Joint venture members) before issuance of
Letter of Acceptance (LOA) by the Authority. Lowest bidder (including all of its
joint venture members) failing to submit the original documents required as per
above shall be unconditionally debarred from bidding in NHAI projects for a period
of 5 years.
2.10.2 The BID shall be typed and signed in indelible blue ink by the authorized signatory of
the Bidder. All the alterations, omissions, additions or any other amendments made to
the BID shall be initialled by the person(s) signing the BID.
2.11 Documents comprising Technical and Financial BID
2.11.1 The Bidder shall first upload on CPPP Portal i.e. NHAI’s e-Tendering and BIMS portal
all the project details, net worth details, turnover details, bridge and tunnel details and
all other details required in this RFP for technical qualification. The Bidder shall
ensure that all the details are updated as on the due date of submission of this bid.
The Bidder shall then apply for the RFP on the CPPP website https://etenders.gov.in
and BIMS portal https://bims.gov.in by submitting the documents mentioned below
along with the supporting documents which shall comprise of the Technical BID on the
CPPP portal and BIMS Portal:
Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-VII
and supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the
format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(e) Deleted
(f) BID Security of Rs. 0.96 Crore (Rupees Ninety Six Lakh only) in the form of
Account Payee Demand Draft, Banker’s Cheque or e-Bank Guarantee in the
format at Appendix-II from a Scheduled Bank;
(g) Copy of Online receipt towards the payment of cost of Bid document of Rs.
10,000/- (Rupees Ten Thousand only) through SFMS Gateway to NHAI in
Authority’s designated bank account;
(h) Deleted;
(i) Bidder shall comply with the provisions of NHAI/Policy
Guidelines/Vigilance/2020 Policy Circular No.: 5.8 dated 29th December 2020
issued by NHAI (Appendix-VI) regarding adoption of revised Integrity Pact
(IP) and the Integrity Pact (IP) duly signed by Authorised signatory shall be
submitted by the Bidder with the RFP Bid & shall be part of the Contract
Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b)
above that they agree and abide by the Bid documents uploaded by NHAI and
amendments uploaded, if any;
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project works
(Ref Clause 10.3 (iv) of Document for EPC Agreement).
(l) Copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture) for preceding 5 years;
(n) Copy of originals of experience certificates apostile at foreign origin, if any
(o) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs) as per format given in Appendix-IX shall be
submitted by the Bidder with the RFP Bid duly signed by Authorised signatory
& shall be part of the Contract Agreement;
(p) Copy of Registration from the Competent Authority as defined in Public
Procurement Order No. F. No. 6/18/2019-PPD dated 23rd July 2020, if
applicable (to be submitted by the “Bidder from a country which shares a land
border with India”); and
Financial Bid
(q) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online
through e-procurement portal http://etenders.gov.in on or before 1100 hrs IST
on 15.02.2023
Self-Certification
Self- certification by the Bidder that its Bid meets the Local Content
requirement for ‘Class - I Local supplier’/ ‘Class - II Local supplier’, as the case
may be. The Self-certification shall also have details of the location(s) at which
the local value addition is made. In case, bidder do not submit the aforesaid
Certification, the bidder will be summarily treated as ‘Non Local Supplier’.
In case of procurement for a value in excess of Rs. 10 crores, the ‘Class - I
Local supplier’/ ‘Class - II Local supplier’ shall have to provide a Certificate
from the Statutory Auditor or Cost Auditor of the Company (in case of
Companies) or from a practicing Cost Accountant or practicing Chartered
Accountant (in respect of Suppliers other than Companies) giving the
percentage of Local Content upon Construction of the Project.
2.11.2 The Lowest Bidder shall be required to submit original of documents listed below
(before issuance of Letter of Acceptance (LOA) by the Authority):
(a) Appendix-IA (Letter comprising the Technical Bid);

(b) Annex – V of Appendix IA (Statement of Legal Capacity):
(c) Original Power of Attorney for signing the BID as per format at Appendix-III;
(d) if applicable, Original Power of Attorney for Lead Member of Joint Venture as
per the format at Appendix-IV;
(e) if applicable, Original Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
(f) Bid Security of Rs. 0.96 Crore (Rupees Ninety Six Lakh only) in the form of
Account Payee Demand Draft, Banker’s Cheque or e-Bank Guarantee in the
format at Appendix-II from a Scheduled Bank;
(g) Deleted;
(h) Deleted;
(i) Bidder shall comply with the provisions of NHAI/Policy
Guidelines/Vigilance/2020 Policy Circular No.: 5.8 dated 29th December 2020
issued by NHAI (Appendix-VI) regarding adoption of Integrity Pact (IP) and the
Integrity Pact (IP) duly signed by Authorised signatory shall be submitted by the
Bidder with the RFP Bid & shall be part of the Contract Agreement; and
(j) An undertaking from the person having PoA referred to in Sub. Clause-(a) above
that they agree and abide by the Bid documents uploaded by NHAI and
amendments uploaded, if any;
(k) if applicable, experience certificates apostille at foreign origin
(l) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
& shall be part of the Contract Agreement; and
(m) Copy of Registration from the Competent Authority as defined in Public
border with India”).
2.11.3 The documents listed at clause 2.11.2 shall be required to be submitted by the Lowest
Bidder before issuance of Letter of Acceptance (LOA) by the Authority. Lowest
Bidders (including all of its joint venture members) failing to submit the original
documents shall be unconditionally debarred from bidding in NHAI projects for a
period of 5 years from the date of issue of debarment notice. These documents shall be
placed in an envelope, which shall be sealed. The envelope shall clearly bear the
identification “BID for Implementation of Road Safety Works on 6 Lane Agra –
Etawah Bypass section of NH-2 from Km. 215.000 to Km. 230.000 and from Km
280+000 to 295+000 as per Crash Vulnerability Audit Report on EPC Mode” and
shall clearly indicate the name and address of the Bidder.
2.11.4 Physical submission of documents mentioned in Clause 2.11.2 in the sealed envelope by
the Lowest Bidder shall be addressed to the following officer and shall be submitted at
the respective address:
ATTN. OF:
DESIGNATION CGM (Tech) / Regional officer West UP
ADDRESS: National Highways Authority of India,
Regional Office, West-U.P.,
Lucknow (U. P.) – 226010
PHONE NO: +91-0522- 4960291
E-MAIL ADDRESS [email protected]
2.11.5 If the envelope is not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement of the contents of the envelope
submitted and consequent losses, if any, suffered by the Bidder.
2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained and shall
be summarily rejected.
2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1 of the RFP
shall be submitted online through e-procurement portal https://etenders.gov.in and
BIMS portal i.e. https://bims.gov.in/ on or before 1100 hrs IST on 15.02.2023. This
will also necessitate updating all details in the BIMS portal and generating a
certificate with the unique Firm ID before the submission of the Technical &
Financial BID. Documents listed at clause 2.11.2 of the RFP shall be physically
submitted by the Lowest Bidder before issue of LOA by the Authority. The
technical details will also be captured from the BIMS portal once the Bidder has
applied on it.
2.13 Late BIDs

E-procurement portal CPPP website https://etenders.gov.in shall not allow
submission of any Bid after the prescribed date and time at clause 2.12.
2.14 Procedure for e-tendering
2.14.1 Accessing/ Purchasing of BID documents
2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name of Authorized Signatory / Firm or 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.
2.14.1.2 To participate in the bidding, it is mandatory for the Bidders to get registered their
firm / Joint Venture 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.
2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service provider,
and validity of registration is not expired, then the firm / Joint Venture is not
required a fresh registration.
2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal https://etenders.gov.in and BIMS portal i.e.
https://bims.gov.in/from 28.12.2022 to 15.02.2023 (upto 1100 Hrs. IST).
2.14.1.5 Deleted
2.14.2 Preparation & Submission of BIDs:
2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement is also available on e-
procurement portal.
2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different
files (in PDF or RAR format such that file size is not more than 30 MB) and
uploaded during the on-line submission of BID.
2.14.2.3 Bid must be submitted online only through e-procurement portal https://
etenders.gov.in and BIMS portal i.e. https://bims.gov.in/ using the digital
signature of authorised representative of the Bidder on or before 15.02.2023 (upto
1100 hours IST).
2.14.3 Modifications/ Substitution/ withdrawal of BIDs
2.14.3.1 The Bidder may modify, substitute or withdraw its e- BID after submission prior
to the BID Due Date. No BID can be modified, substituted or withdrawn by the
Bidder on or after the BID Due Date & Time.
2.14.3.2 For modification of e-BID, Bidder has to detach its old BID from e-procurement
portal and upload / resubmit digitally signed modified BID. For withdrawal of
BID, Bidder has to click on withdrawal icon at e-procurement portal and can
withdraw its e-BID. Before withdrawal of a BID, it may specifically be noted that
after withdrawal of a BID for any reason, Bidder cannot re-submit e-BID again.
2.15 Online Opening of BIDs.
2.15.1 Opening of BIDs will be done through online process.
2.15.2 The NHAI shall on-line open Technical BIDs on 16.02.2023 at 1200 hours IST, in the
presence of the authorized representatives of the Bidders, who choose to attend. The
NHAI will subsequently examine and evaluate the BIDs in accordance with the
provisions of Section 3 of RFP.
2.16 Rejection of BIDs
2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the right
to reject any BID and to annul the Bidding Process and reject all BIDs at any time
without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that the
Authority rejects or annuls all the BIDs, it may, in its discretion, invite all eligible
Bidders to submit fresh BIDs hereunder.
2.16.2 The Authority reserves the right not to proceed with the Bidding Process at any time,
without notice or liability, and to reject any BID without assigning any reasons.
2.17 Validity of BIDs
The BIDs shall be valid for a period of not less than 120 (one hundred and twenty) days
from the BID Due Date. The validity of BIDs may be extended by mutual consent of
the respective Bidders and the Authority.
2.18 Confidentiality
Information relating to the examination, clarification, evaluation and

recommendation for the Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor
advising the Authority in relation to, or matters arising out of, or concerning the
Bidding Process. The Authority will treat all information, submitted as part of the BID,
in confidence and will require all those who have access to such material to treat the
same in confidence. The Authority may not divulge any such information unless it is
directed to do so by any statutory entity that has the power under law to require its
disclosure or is to enforce or assert any right or privilege of the statutory entity
and/ or the Authority or as may be required by law or in connection with any
legal process.
2.19 Correspondence with the Bidder
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any BID.
However, the Authority would display the result of technical evaluation on the web
portal for 7 days including reasons for non- responsiveness, if any, and the financial
bid will be opened thereafter.
D. BID SECURITY
2.20 BID Security
2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.4
herein above in the form of Account Payee Demand Draft, Banker’s Cheque or e-
Bank Guarantee issued by authorised bank, or a Scheduled Bank in India having a net
worth of at least Rs. 1,000 crores (Rs. One thousand crore), in favour of the Authority
in the format at Appendix-II (the “Bank Guarantee”) and having a validity period of
not less than 180 (one hundred eighty) days from the BID Due Date, inclusive of a
claim period of 60 (sixty) days, and may be extended as may be mutually agreed
between the Authority and the Bidder from time to time. The e- Bank Guarantee shall
be transmitted through SFMS Gateway to NHAI’s Bank. In case the e-Bank Guarantee
is issued by a foreign bank outside India, confirmation of the same by any authorized
bank in India is required. For the avoidance of doubt, Scheduled Bank shall mean a
bank as defined under Section 2I of the Reserve Bank of India Act, 1934. A scanned
copy of the Account Payee Demand Draft, Banker’s Cheque or e-Bank Guarantee
shall be uploaded on e-procurement portal while applying to the tender.
2.20.2 Any BID not accompanied by the BID Security shall be summarily rejected by the
Authority as non-responsive.
2.20.3 The Selected Bidder’s BID Security will be returned, without any interest, upon the
Bidder signing the Contract Agreement and furnishing the Performance Security in
accordance with the provisions thereof. The Authority may, at the Selected Bidder’s
option, adjust the amount of BID Security in the amount of Performance Security to
be provided by him in accordance with the provisions of the Agreement.
2.20.4 The Authority shall be entitled to forfeit and appropriate the Bid Security as Damages
inter alia in any of the events specified in Clause 2.20.5 herein below. The Bidder, by
submitting its BID pursuant to this RFP, shall be deemed to have acknowledged and
confirmed that the Authority will suffer loss and damage on account of withdrawal of
its BID or for any other default by the Bidder during the period of BID validity as
specified in this RFP. No relaxation of any kind on Bid Security shall be given to any
Bidder.
2.20.5 The Bid Security shall be forfeited and appropriated by the Authority as damages
payable to the Authority for, inter-alia, time cost and effort of the Authority without
prejudice to any other right or remedy that may be available to the Authority under
the bidding documents and / or under the Agreement, orotherwise, under the following
conditions:
(a) Deleted
(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice as specified in Section 4 of
this RFP;
(c) If a Bidder withdraws its BID during the period of Bid validity as specified in
this RFP and as extended by mutual consent of the respective Bidder(s) and the
Authority;
(d) In the case of Selected Bidder, if it fails within the specified/extended time limit
byAuthority –
(i) to sign and return the duplicate copy of LOA;
(ii) to furnish the Performance Security /Additional Performance
Security (if any) as per Clause 2.21; or
(iii) to sign the Agreement;
2.21 Performance Security
2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall
furnish to the Authority in the form of Account Payee Demand Draft, Banker’s
Cheque or irrevocable and unconditional e-Bank Guarantee from a Bank in the form
set forth in Appendix-VII (the "Performance Security") for an amount equal to 3%
(three percent) of its Bid Price. ln case of bids mentioned below, the Selected Bidder,
along with the Performance Security, shall also furnish to the Authority in the form
of Account Payee Demand Draft, Banker’s Cheque or an irrevocable and
unconditional e-Bank Guarantee from a Bank in the same form given at Appendix-
VII towards an Additional Performance Security (the "Additional Performance
Security") for an amount calculated as under:
(i) If the Bid price offered by the selected bidder is lower than 20% of the
estimated project cost/cost put to tender, the additional performance security
shall be calculated @ 20% of the difference in the (i) Estimated Project Cost
(as mentioned in RFP) - 20% of the Estimated Project Cost and (ii) the Bid
Price offered by the selected Bidder.
(ii) Maximum limit of additional performance security shall be limited to 3%
of the Bid price offered by the selected bidder.
(iii) The Additional Performance Security shall be treated as part of the
Performance Security.
2.21.2 The Performance Security shall be valid until 60 (sixty) days after the Defects
Liability Period. The Additional Performance Security shall be valid until 28
(twenty eight) days after Project Completion Date.
2.21.3 The Selected Bidder has the option to provide 50% of the Performance Security
and 50% of the Additional Performance Security, if any, within 30 (thirty) days of
receipt of Letter of Acceptance, in any case before signing of the Contract
Agreement and the remaining Performance Security and Additional Performance
Security, if any, shall be submitted within 30 days of signing of the agreement.
2.21.4 In the event the Selected Bidder fails to provide the remaining Performance
Security and Additional Performance Security, if any, as prescribed herein, it may
seek extension of time for a further period upto 60 days by paying the Damages
upfront along with the request letter seeking the extension. The Damages shall be
the sum calculated at the rate of 0.01% (zero point zero one per cent) of the Bid
Price offered by the Selected Bidder for each day until the Performance Security
and Additional Performance Security, if any, is provided in full as prescribed
herein. The damages at full rate as given above shall be applicable even if a part of
the Performance Security and the Additional Performance Security is provided.
2.21.5 For avoidance of any doubt, in case of failure of submission of Performance

Security and Additional Performance Security, if any, within the additional 60
days’ time period, the award shall be deemed to be cancelled/ withdrawn and the
Bid Security shall be encashed and the proceeds thereof appropriated by the
Authority. Thereupon all rights, privileges, claims and entitlements of the
Contractor under or arising out of the Award shall be deemed to have been waived
by, and to have ceased with the concurrence of the Contractor, and the Award
shall be deemed to have been withdrawn by the Authority.
2.22 The agreement will be executed within 10 days of receipt of 50% Performance Security
and 50% of Additional Performance Security, if any, as per sub-clause 2.21 above.
SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF
FINANCIAL BIDS
3.1 Evaluation of Technical Bids
3.1.1 The Authority shall open the BIDs received online at 1200 hours IST on 16.02.2023, at
the place specified in Clause 2.11.4 (i); and in the presence of the Bidders who
choose to attend. The Authority shall prepare minutes of the BID opening, including
information disclosed to those present at the time of BID opening.
3.1.2 Technical Bids of those Bidders who have not submitted their Bid online, shall not be
considered for opening and evaluation.
3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in

formats other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant information for consideration of eligibility and qualification of the
Bidder.
3.1.4 To facilitate evaluation of Technical BIDs, the Authority may, at its sole
discretion, seek clarifications in writing from any Bidder regarding its Technical BID.
Such clarification(s) shall be provided within the time specified by the Authority for this
purpose. Any request for clarification(s) and all clarification(s) in response thereto shall
be in writing. The bids will be examined and evaluated in accordance with the provisions
set out in this Section 3. The Authority will subsequently flag issues, if any with the data
updated by the Bidders.
3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above within the
prescribed time, its Bid may be liable to be rejected. In case the Bid is not rejected, the
Authority may proceed to evaluate the Bid by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Authority.
3.1.6 Tests of responsiveness

3.1.6.1 As a first step towards evaluation of Technical BIDs, the Authority shall determine
whether each Technical BID is responsive to the requirements of this RFP. A
Technical BID shall be considered responsive only if:
(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, II, III, IV, V, VI (Bid Capacity format) and Annexure VIII;
(b) Documents listed at clause 2.11.2 are received on CPPP and BIMS as mentioned;
(c) Bid Security is uploaded on e-procurement portal as specified in Clause 1.2.4 and
2.20;
(d) The Power of Attorney is uploaded on e-procurement portal and on BIMS as
specified in Clauses 2.1.5;
(e) Deleted;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Proof of Online payment of Copy of Bid document of Rs. 10,000/- (Rupees
Ten Thousand Only) in Authority’s designated bank account is uploaded on e-
procurement and BIMS portal;
(i) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
& shall be part of the Contract Agreement; and
(j) Copy of Registration from the Competent Authority as defined in Public
border with India”)
3.1.6.2 The Authority reserves the right to reject any Technical BID which is non-responsive
and no request for alteration, modification, substitution or withdrawal shall be
entertained by the Authority in respect of such BID.
3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such claim is
determined by the Authority as incorrect or erroneous, the Authority may reject / correct
such claim for the purpose of qualification requirements.
3.1.8 The Authority will get the BID Security verified from the issuing Authority and after due
verification, the Authority will evaluate the Technical BIDs for their compliance to the
eligibility and qualification requirements pursuant to clause 2.2.1 & 2.2.2 of this RFP.
3.1.9 After evaluation of Technical Bids, the Authority will publish a list of Technically
Responsive Bidders whose financial bids shall be opened. The Authority shall notify
other Bidders that they have not been technically responsive. The Authority will not
entertain any query or clarification from Applicants who fail to qualify.
3.2 Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of online opening of the Financial Bids
to the technically responsive Bidders through e-procurement portal and e-mail. The
Authority shall open the online Financial Bids of the technically responsive Bidders
only on scheduled date and time in the presence of the authorised
representatives of the Bidders who may choose to attend. The Authority shall
publicly announce the Bid Prices quoted by the technically responsive Bidder.
Thereafter, the Authority shall prepare a record of opening of Financial Bids
3.3 Selection of Bidder
3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6 The bidder shall be declared as the selected Bidder
(the “Selected Bidder”) in pursuance to the procedure defined hereunder:
(i) Among all the responsive bidder, the lowest bidder will be termed as L1. If
L1 is ‘Class -I Local Supplier’, the contract will be awarded to L1.
(ii) If L1 is not ‘Class -I local supplier’, the lowest bidder among the ‘Class – I
local supplier’, will be invited to match L1 price subject to Class -I local
supplier’s quoted price falling within the margin of purchase preference, and the
contract will be awarded to such ‘Class - I local supplier’ subject to matching the
L1 price.
(iii) In case such lowest eligible ‘Class - I local supplier’ fails to match the L1
price, the ‘Class - I local supplier’ with the next higher bid within the margin of
purchase preference shall be invited to match the L1 price and so on and contract
shall be awarded accordingly. In case none of the ‘Class - I local supplier’ within
the margin of purchase preference matches the L1 price, the contract shall be
awarded to the L1 bidder.
3.3.2 In the event that two or more Bidders quote the same BID Price (the "Tie BIDs"),
the Authority shall identify the Selected Bidder by draw of lots, which shall be
conducted, with prior notice, in the presence of the Tie Bidders who choose to attend.
3.3.3 In the event that the Lowest Bidder is not selected for any reason except the reason
mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the Bidding Process and
invite fresh BIDs. In the event that the Authority rejects or annuls all the BIDs, it
may, in its discretion, invite all eligible Bidders to submit fresh BIDs hereunder.
3.3.4 After selection, a Letter of Acceptance (the “LOA”) shall be issued in the format set
forth in Appendix-VIII, in duplicate, by the Authority to the Selected Bidder and the
Selected Bidder shall, within 7(seven) days of the receipt of the LOA, sign and return
the duplicate copy of the LOA in acknowledgement thereof. In the event the
duplicate copy of the LOA duly signed by the Selected Bidder is not received by the
stipulated date, the Authority may, unless it consents to extension of time for
submission thereof, appropriate the Bid Security of such Bidder as Damages on
account of failure of the Selected Bidder to acknowledge the LOA.
3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause
the Bidder to submit Performance Security and Additional Performance Security (if
any) within the period prescribed/extended by Authority and then execute the
Agreement within the period prescribed in Clause 1.3. The Selected Bidder shall not
be entitled to seek any deviation, modification or amendment in the Agreement.
3.3.6 Authority shall return Bid Security of all bidders except L-1 and L-2 within 7 working
days from opening of financial Bid subject to provision of Clause 2.1.12 (4). The bid
security of L-2 bidder shall be returned within 7 working days of issue of LOA. The
Authority shall be responsible to return the Bid Security, as above, and the bidders shall
not be required to ask for the same.
3.4 Contacts during BID Evaluation
BIDs shall be deemed to be under consideration immediately after they are opened and
until such time the Authority makes official intimation of award/ rejection to the
Bidders. While the BIDs are under consideration, Bidders and/ or their representatives
or other interested parties are advised to refrain, save and except as required under the
Bidding Documents, from contacting by any means, the Authority and/ or their
employees/ representatives on matters related to the BIDs under consideration.
3.5 Correspondence with Bidder
Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any Bid.
3.6 Any information contained in the Bid shall not in any way be construed as binding on the
Authority, its agents, successors or assigns, but shall be binding against the Bidder if the
Project is subsequently awarded to it on the basis of such information.
SECTION-4
FRAUD AND CORRUPT PRACTICES
4.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent to
the issue of the LOA and during the subsistence of the Agreement. Notwithstanding
anything to the contrary contained herein, or in the LOA or the Agreement, the
Authority may reject a BID, withdraw the LOA, or terminate the Agreement, as the
case may be, without being liable in any manner whatsoever to the Bidder, if it
determines that the Bidder, directly or indirectly or through an agent, engaged in
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event, the Authority shall
entitled to forfeit and appropriate the Bid Security or Performance Security, as the
case may be, as Damages, without prejudice to any other right or remedy that may
be available to the Authority under the Bidding Documents and/ or the Agreement,
or otherwise.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the
rights and remedies which the Authority may have under the LOA or the
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by
the Authority to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Bidding Process, or after the issue of the LOA or the
execution of the Agreement, such Bidder shall not be eligible to participate in any
tender or RFP issued by the Authority during a period of 2 (two) years from the date
such Bidder, or Contractor, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practices, as the case may be.
4.3 For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “corrupt practice” means the offering, giving, receiving or soliciting of anything of
value, pressurizing to influence the action of a public official in the process of tendering
and execution of the project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of

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

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

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

Lucknow (U. P.) – 226010
Sub: Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section of
NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per Crash
Vulnerability Audit Report on EPC Mode Project
Dear Sir,
With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our BID for the aforesaid
Project. The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided

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

against us/any member of Joint Venture or against our CEO or any of our directors/
managers/ employees.
14. I/ We further certify that we are not disqualified in terms of the additional criteria specified
by the Department of Disinvestment in their OM No. 6/4/2001-DD-II dated 13.7.01, a
copy of which forms part of the RFP at Annexure VII of Appendix-IA thereof.
15. I/ We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of the
guidelines referred to above, we shall intimate the Authority of the same immediately.
16. I/We further acknowledge and agree that in the event such change in control occurs
after signing of the Agreement upto its validity. It would, notwithstanding anything to
the contrary contained in the Agreement, be deemed a breach thereof, and the
Agreement shall be liable to be terminated without the Authority being liable to us in

any manner whatsoever.
17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken by the
Authority in connection with the selection of the Bidder, or in connection with the
Bidding Process itself, in respect of the above mentioned Project and the terms and
implementation thereof.
18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a
Agreement in accordance with the draft that has been provided to me/us prior to the
BID Due Date. We agree not to seek any changes in the aforesaid draft and agree to
abide by the same.
19. I/ We have studied all the Bidding Documents carefully and also surveyed the [project
highway and the traffic]. We understand that except to the extent as expressly set
forth in the Agreement, we shall have no claim, right or title arising out of any documents
or information provided to us by the Authority or in respect of any matter arising out
of or relating to the Bidding Process including the award of Agreement.
20. I/ We submit a Bid Security of Rs. 0.96 Crore (Rupees Ninety Six Lakh only) to the
Authority in accordance with the RFP Document.
21. The BID Security in the form of Account Payee Demand Draft/ Banker’s Cheque/ e-Bank
Guarantee (Strike out whichever is not applicable) is attached.
22. The documents accompanying the Technical BID, as specified in Clause 2.11.1 of the
RFP, shall be submitted in separate files.
23. I/ We agree and understand that the BID is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the
Project / Contract is not awarded to me/us or our BID is not opened or rejected.
24. The BID Price has been quoted by me/us after taking into consideration all
the terms and conditions stated in the RFP, draft Agreement, our own estimates of costs
and after a careful assessment of the site and all the conditions that may affect the project
cost and implementation of the project.
25. I/ We agree and undertake to abide by all the terms and conditions of the RFP document.
26. {We, the Joint Venture agree and undertake to be jointly and severally liable for. all the
obligations of the EPC Contractor under the Contract Agreement}.
27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID Due
Date specified in the RFP.
28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.
In witness thereof, I/we submit this BID under and in accordance with the terms of the RFP
document.
Yours faithfully,
Date: (Signature, name and designation

Place: of the Authorised signatory)
Name & seal of Bidder/Lead Member
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there
APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)

Lucknow (U. P.) – 226010
Sub: BID for Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass
section of NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as
per Crash Vulnerability Audit Report on EPC Mode Project.
Dear Sir,
With reference to your RFP document dated *** **, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our BID for the aforesaid
Project. The BID is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided
in the BID and the documents accompanying the BID for selection of the
Contractor for the aforesaid Project, and we certify that all information provided in
the Bid are true and correct; nothing has been omitted which renders such information
misleading; and all documents accompanying the BID are true copies of their respective
originals.
3. The BID Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft Agreement, our own estimates of
costs and after a careful assessment of the site and all the conditions that may affect the
project cost and implementation of the project.
4. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a
Agreement in accordance with the draft that has been provided to me/us prior to the
BID Due Date. We agree not to seek any changes in the aforesaid draft and agree to
abide by the same.
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID Due
Date specified in the RFP.
7. I/ We hereby submit our BID and offer a BID Price Submitted online for
undertaking the aforesaid Project in accordance with the Bidding Documents and
the Agreement.
Yours faithfully,
Date: (Signature, name and designation of the

Place: Authorised Signatory)
Name & seal of Bidder/Lead Member:..........
Class III DSC ID of Authorised Signatory:.............
Appendix IA
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in
India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Bidder including details of its main lines of

business and proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication for the
Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:
4. Particulars of the Authorised Signatory of the Bidder:

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

(a) The information above (1-4) should be provided for all the Members of the Joint
Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should be
attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:
Sl. Name of Member Role* Share of work in the
{Refer Clause Project{Refer Clauses
2.1.11(d)}$ 2.1.11(a), (f) & (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant, should be
indicated in accordance with instruction 4 at Annex-IV.
$
All provisions contained in curly parenthesis shall be suitably modified by the Applicant to reflect the
particulars relating to such Applicant.
………contd
Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14 for each Member of
the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl. No. Criteria Yes/No
1. Has the Bidder/ constituent of the Joint Venture been barred by
the Ministry of Road Transport & Highways or its implementing
agencies for the works of Expressways, National Highways, ISC
and El works, from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID due date.
6(a) I/ We certify that in the last two years, we/ any of the JV partners have neither failed to
perform for the works of Expressways, National Highways, ISC & EI works, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or
arbitral award against us, nor been expelled or terminated by Ministry of Road Transport &
Highways or its implementing agencies for breach on our part.
(b) I/ We certify that we/ any of the JV partners do not fall in any of the categories of
being a Non-Performing entity given at Clause 2.1.14 of Instructions to Bidders in the projects
of Expressways, National Highways, ISC and EI works of Ministry of Road Transport &
Highways or its implementing agencies and furnished the complete details.
7(a) I/ We further certify that no investigation by a regulatory authority is pending either

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

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

No. the
Project(s)
i. Fails to set up institutional mechanism and procedure as per contract.
ii. Fails to mobilize key construction equipment within a period of 4
months from the Appointed Date.
iii. Fails to complete or has missed any milestone and progress not
commensurate with contiguous unencumbered project length/ROW
available even after lapse of 6 months from respective project
milestone/Schedule Completion date, unless Extension of Time has been

granted due to Authority’s Default or Force Majeure.
iv. Fails to achieve progress commensurate with funds released from
Escrow Account (Equity + Debt + Grant) in BOT or HAM project and
variation is more than 25% in the last 365 days.
v. Fails to achieve the target progress or complete the project as per
schedule agreed at the time of sanctioning of funds under One Time
Funds Infusion (OTFI) or relaxations to contract conditions to improve
cash flow solely on account of Concessionaire’s/contractor’s
failure/default.
vi. Fails to complete rectification (excluding minor rectifications) as per
time given in non-conformity reports (NCR) in design/completed
works/maintenance or reported in Inspection Reports issued by Quality
Inspectors deployed by the Authority or Officers of the Authority.
vii. Fails to complete minor rectifications exceeding 3 instances in a project
as per time given in non-conformity reports (NCR) in design/completed
works/maintenance.
viii. Fails to fulfil its obligations to maintain a highway in a satisfactory
condition in spite of two rectification notices issued in this regard.
ix. Damages/penalties recommended by Independent/Authority’s Engineer
during O&M Period and remedial works are still not taken up.
x. Fails to complete Punch list items even after lapse of time for
completion of such items excluding delays attributable to the Authority.
xi. Occurrences of minor failure of structures/highway due to construction
defect wherein no casualties are reported (casualties include injuries to
human being / animals).
xii. Occurrence of major failure of structures/highway due to construction
defect wherein no casualties are reported (Casualties include injuries to
human being / animals).
xiii. Occurrence of major failure of structures/highway due to construction
defect leading to loss of human lives besides loss of reputation etc. of
the authority.
xiv. Fails to make premium payments excluding the current installment in
one or more projects.
xv. Fails to achieve financial closure in two or more projects within the
given or extended period (which shall not be more than six months in
any case).
xvi. Fails to submit the Performance Seccurity within the permissible time
period in more than one project.
xvii. Related as an unsatisfactory performing entity/ non-performing entity by
an independent third-party agency and so notified on the website of the
Authority.
xviii. Failed to perform for the works of Expressways, National Highways,
ISC & EI works in the last 2 (two) years, as evidenced by imposition of
a penalty by an arbitral or judicial authority or a judicial pronouncement
or arbitral award against the Bidder, including individual or any of its
Joint Venture Member, as the case may be.
xix. Expelled from the contract or the contract terminated by the Ministry of
Road Transport & Highways or its implementing agencies for breach by
such Bidder, including individual or any of its Joint Venture Member;
Provided that any such decision of expulsion or termination of contract

leading to debarring of the Bidder from further participation in bids for
the prescribed period should have been ordered after affording an
opportunity of hearing to such party
xx. Fails to start the work or cause delay in maintenance & repair/ overlay
of the project.
I/ We certify that the list is complete and covers all the projects of Expressways, National
Highways, ISC and EI works of Ministry of Road Transport & Highways or its implementing
agencies and that we/ any of the JV partners do not fall in any of the above categories of being
a Non-Performing entity.
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………………..
Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Project Cate- Experience** (Equivalent Rs. crore)$$ Technical
$
type Code* gory Payments received for Value of self- Experience£
construction of Eligible construction in
Projects in Categories Eligible Projects in
3&4 Categories 1 and 2
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
Member c
including other d
members of the e
Joint Venture f
Aggregate Technical Experience =
@
Provide details of only those projects that have been undertaken by the Applicant, or its Lead
member including members in case of joint venture, under its own name separately and/ or by a
project company eligible under Clause 2.2.2.6(i)(b). In case of Categories 1 and 2, include only
those projects which have an estimated capital cost exceeding the amount specified in Clause
2.2.2.6(i)(c) and for Categories 3 and 4, include only those projects where the payments
received exceed the amount specified in Clause 2.2.2.6(ii). In case the Bid Due Date falls within
3 (three) months of the close of the latest financial year, refer to Clause 2.1.13.
* Refer Annex-IV of this Appendix-I. Add more rows if necessary.

$
Refer Clause 2.2.2.5(i)
** Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project. In no
case shall the cost of maintenance and repair, operation of Highways and land be included
while computing the Experience Score of an Eligible Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)1 to a
US Dollar.
£
. In the case of an Eligible Project situated in an OECD country, the Experience Score so
arrived at shall be further multiplied by 0.5, in accordance with the provisions of Clause
2.2.2.5(ii) and the product thereof shall be the Experience Score for such Eligible Projects.
1
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the Reserve
Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight) days prior to
the Application Due Date.
Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section of NH-2 from Km. 215.000 to Km.
230.000 and from Km 280+000 to 295+000 as per Crash Vulnerability Audit Report on EPC Mode. 55
NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I shall
be provided separately for other Members so as to establish that each such Member has 20
percent or more of the Threshold Technical Capacity. (Refer Clause 2.2.2.4).
Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore$)
Bidder type Net Cash Accruals Net Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead Member
including other members of the Joint
Venture
TOTAL
Bidder type Annual Turnover Average

Year 1 Year 2 Year 3 Year 4 Year 5 Annual
(Rs.) Updatio (Rs.) Updatio (Rs.) Updatio (Rs.) Updatio (Rs.) Updatio Turnover
n factor n factor n factor n factor n factor (In Rs.
crore$)
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+
6x7+8x9+1
0x11)/5
Single entity 1.00 1.05 1.10 1.15 1.20
Bidder or
Lead
Member
including
other
members of
the Joint
Venture
Name & address of Bidder’s Bankers:

$
For conversion of other currencies into rupees, see note below Annex-II of Appendix-I.
£The Bidder should provide details of its own Financial Capacity.
Instructions:
1. The Bidder shall attach copies of the balance sheets, financial statements and Annual
Reports for 5 (five) years preceding the Bid Due Date. The financial statements shall:
(a) reflect the financial situation of the Bidder;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.
3. Net Worth (the “Net worth”) shall meansthe aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet, but
does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.
4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2 shall
be the year immediately preceding Year 1 and so on. In case the Bid Due Date falls
within 3 (three) months of the close of the latest financial year, refer to Clause 2.1.13.
5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be submitted
in accordance with Clause 2.1.11 (f) of the RFP document.
6. The Bidder shall also provide the name and address of the Bankers to the Bidder.
7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net worth in
accordance with Clause 2.2.2.9 (ii) of the RFP document.
Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of the
Instruction Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work executed
and certified by the Engineer-in-charge/Independent
Engineer/Authority’s Engineer, and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in this
Annex. The projects cited must comply with the eligibility criteria specified in Clause
2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information provided in this
section is intended to serve as a back up for information provided in the Application.
Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for each
Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to be
provided here should indicate the break-up for the past 5 (five) financial years. Year 1
refers to the financial year immediately preceding the Bid Due Date; Year 2 refers to the
year before Year 1, Year 3 refers to the year before Year 2, and so on (Refer Clause
2.1.13). For Categories 1 and 2, expenditure on construction of the project by the
Applicant itself should be provided, but only in respect of projects having an estimated
capital cost exceeding the amount specified in Clause 2.2.2.6 (i) (c). In case of
Categories 3 and 4, payments received only in respect of construction should be
provided, but only if the amount received exceeds the minimum specified in Clause
2.2.2.6 (ii). Receipts for construction works should only include capital expenditure, and
should not include expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact
details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession, etc.) may be provided. In case of projects in Categories 3 and 4, similar

particulars of the client need to be provided.
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6 (i) and
2.2.2.6 (ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of construction
should be indicated. In the case of projects under construction, the likely date of
completion or commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning
the Eligible Project, held continuously during the period for which Eligible Experience
is claimed, needs to be given (Refer Clause 2.2.2.6 (i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In
other words, no double counting in respect of the same experience shall be permitted in
any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder may
provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a
certificate from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d):
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this is to
certify that …………………….. (name of the Bidder) is/ was an equity shareholder in
……………….. (title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes ……..%€ of the total paid up and
subscribed equity capital) of the project company from …………... (date) to ……………..
(date)¥The project was/is commenced on ………(date) and likely to be commissioned on
……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr. (Rupees
…………………crore), of which the applicant has itself undertaken the construction of project
of Rs. ………(Rupees ………. Crores) excluding any part of the project for which any
contractor, sub-contractor or other agent was appointed for the purpose of construction as per
Clause 2.2.2.6 (i) (d) by the aforesaid Applicant itself, during the past five financial years as per
year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.
 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the ………….. (name of project) from
……………….. (date) to ………………… (date).”
Date: of the authorised signatory)
14. If the Bidder is claiming experience under Category 3 & 4, as per Clauses 2.2.2.5 and
2.2.2.6(ii) of the RFP, it should provide a certificate from its Statutory Auditor/client/
Engineer-in charge/ Independent Engineer/Authority’s Engineer in the format below:
Certificate regarding construction works
Based on its books of accounts and other published information authenticated by it, This
is to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute ……………… (name of
project) for …………………. (nature of project). The construction of the project
commenced on …………..(date) and the project was/ is likely to be commissioned on
…………… (date, if any). It is certified that Bidder received payments from its Clients
for Construction Works executed by them or work executed and certified by the
Engineer-in-charge/Independent Engineer/Authority’s Engineer, in the aforesaid
construction works.
We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Applicant received or has executed the
work as certified by the Engineer-in-charge/Independent Engineer/Authority’s Engineer
Rs. ……… cr. (Rupees ……………………… crore), during the past five financial years
as per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the
Applicant who undertook these works as a partner or a member of joint venture.
We further certify that applicant has a share of _____% in the Joint Venture/Consortium.
(Authorized Signatory)
Date:
15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the relevant
project in computation of Experience.

Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company. However, in case the work of
other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory Auditor
and accordingly the language may be suitably modified.

This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture. This
portion may be omitted if the contract did not involve a partnership/ joint venture. In case where work is not
executed by partnership/ joint venture, this paragraph may be deleted.
Appendix -IA
Annex-V
ANNEX-V
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint Venture)
Ref. Date:
To,
Lucknow (U. P.) – 226010
Dear Sir,
We hereby confirm that we/ our members in the Joint Venture (constitution of which has been
described in the application) satisfy the terms and conditions laid out in the RFP document.
We have agreed that …………………… (insert member’s name) will act as the Lead Member
of our Joint Venture.*
We have agreed that ………………….. (insert individual’s name) will act as our representative/
will act as the representative of the Joint Venture on its behalf* and has been duly authorized to
submit the RFP. Further, the authorised signatory is vested with requisite powers to furnish such
letter and authenticate the same.
Thanking you,
Yours faithfully,
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………..
*Please strike out whichever is not applicable.
Appendix - IA
Annexure-VI
Information required to evaluate the BID Capacity under clause 2.2.2.1:
To calculate the value of “A” and “C”
1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the Bidder
during the last 5 years is as follows (the amount of bonus received, if any, shall be
indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC bonus (Rs. in excluding bonus
Projects including bonus, if Crores) (Rs. in Crores)
any (Rs. in Crores)
1 2021-22/2021
2 2020-21/2020
3 2019-20/2019
4 2018-19/2018
5 2017-18/2017
3. Maximum value of projects that have been undertaken during the F.Y. ________ out of
the last 5 years and value excluding amount of bonus thereof is Rs._____Crores
(Rupees__________________________). Further, value updated to the price level of
the year indicated in Appendix is as follows:
Rs. ______ Crores x _____(Updation Factor as per Appendix) = Rs. _______ Crores
(Rupees______________________________________)
4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to the
price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount of Updation Updated Amount of
No. Year Bonus (Rs. Factor Bonus (Rs. in Crores)
in Crores)
1 2021-22/2021 1.00
2 2020-21/2020 1.05
3 2019-20/2019 1.10
4 2018-19/2018 1.15
5 2017-18/2017 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of Authorised
Seal of the audit firm: (Signature, name and Signatory
designation and Membership No. of
:
authorised signatory) For and on behalf of ………………(Name of
the Bidder)
Date:
Place:
To calculate the value of “B”

A table containing value of all the existing commitments and on-going works to be completed
during the next 9 months is as follows:
Sl. Name Percentage Dater of Constructi Value Value of Balance Anticipat Balance
N of of start / on period of work value of ed date value of
Projec
o participatio appointe as per contrac complete work to of work at
t/Wor
. n of Bidder d date of Agreement t as per d be completi 2021-
k in the project/ / LOA Agree complete on 22/2021
project Date of ment d price level
opening /LOAβ
of
financial
bid
Rs. in Rs. in Rs. in Rs. in Crore
Crore Crore Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)
Total
# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 2021-22/2021 1.00
2 2020-21/2020 1.05
3 2019-20/2019 1.10
4 2018-19/2018 1.15
5 2017-18/2017 1.20
The Statement showing the value of all existing commitments, works for which the contractor
has emerged as the winner of the bid and anticipated value of work to be completed in the
period of construction of the project for which bid is invited and ongoing works as well as the
stipulated period of completion remaining for each of the works mentioned above is verified
from the certificate issued that has been countersigned by the Client or its Engineer-in-charge
not below the rank of Executive Engineer or equivalent in respect of EPC Projects or
Concessionaire / Authorised Signatory of SPV in respect of BOT Projects. No awarded /
ongoing works/ works for which the contractor has emerged as the winner of the bid has been
left in the aforesaid statement which has been awarded to M/s………………individually / and
other member M/s ……………….. and M/s ………………., as on bid due date of this RFP.
β
In case balance period of construction is less than the value of period of construction of the project for which bid
is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of work to be
completed in the period of construction of the project for which bid is invited is to be mentioned. In the absence of
the anticipated value of work to be completed, the proportionate value shall be considered while evaluating the
Assessed Available Bid Capacity.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
For and on behalf of ………………(Name authorised signatory)
of the Bidder)
Date:
Place:
APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
th
Dated 13 July, 2001.
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for Bidders interested in PSE-disinvestment so that the parties selected
through competitive bidding could inspire public confidence. Earlier, criteria like net worth,
experience etc. used to be prescribed. Based on experience and in consultation with concerned
departments, Government has decided to prescribe the following additional criteria for the
qualification/ disqualification of the parties seeking to acquire stakes in public sector enterprises
through disinvestment:
(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature that it
outrages the moral sense of the community. The decision in regard to the nature
of the offence would be taken on case to case basis after considering the facts of
the case and relevant legal principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the country, any
charge-sheet by an agency of the Government/ conviction by a Court of Law for
an offence committed by the bidding party or by any sister concern of the
bidding party would result in disqualification. The decision in regard to the
relationship between the sister concerns would be taken, based on the relevant
facts and after examining whether the two concerns are substantially controlled
by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that Government
deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment process,
would not be allowed to remain associated with it or get associated merely
because it has preferred an appeal against the order based on which it has been
disqualified. The mere pendency of appeal will have no effect on the
disqualification.
Appendix-IA
Annexure-VII
Page-2
(e) The disqualification criteria would come into effect immediately and would
apply to all Bidders for various disinvestment transactions, which have not been
completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to explain
its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested parties
would be required to provide the information on the above criteria, along with
their Expressions of Interest (EOI). The Bidders shall be required to provide with
their EOI an undertaking to the effect that no investigation by a regulatory
authority is pending against them. In case any investigation is pending against
the concern or its sister concern or against its CEO or any of its Directors/
Managers/ employees, full details of such investigation including the name of
the investigating agency, the charge/ offence for which the investigation has
been launched, name and designation of persons against whom the investigation
has been launched and other relevant information should be disclosed, to the
satisfaction of the Government. For other criteria also, a similar undertaking
shall be obtained along with EOI.
sd/-
(A.K. Tewari)
Under Secretary to the Government of India
Appendix - IA
Annexure-VIII
Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC Agreement)
S. Name of Contract Appointed Original Likely Date Reason for

No. the work Price Date Scheduled of Delay#
(INR Cr) Completion Completion
Date
1
2
3
…
(In the event that the Bidder had failed to achieve the Completion of any project within a period
of 90 (ninety) days from the Schedule Completion Date of the project, unless such failure had
occurred due to Force Majeure or for reasons solely attributable to the Authority, the Bidder
shall be deemed to be ineligible for bidding this project (under bidding), both as the sole party
or as one of the parties of Joint Venture/ Consortium, if any, during the period from Scheduled
Completion Date to issuance of Completion Certificate for that project. This restriction is
applicable if the contract value of the delayed project was not less than Rs. 300 Crore.)
#
To be supported with valid certificate issued from Independent Engineer / Authority’s
Engineer / Supervision Consultant / Engineer-in-charge
I / We certify that all the information furnished above is true in all respects.
…………………………………………… Name of the Bidder
Signature of the authorized signatory: __________________
Name of the Authorised Signatory: __________________
Date: __________________
Place: __________________
APPENDIX – II
Bank Guarantee for BID Security
(Refer Clauses 2.20)
B.G. No. Dated:
1. In consideration of you, National Highways Authority of India, having its office at Regional
Office, West-U.P., 3/248, Vishal Khand, Gomti Nagar, Lucknow (U. P.) – 226010,
(hereinafter referred to as the “Authority”, which expression shall unless it be repugnant to
the subject or context thereof include its, successors and assigns) having agreed to
receive the BID of …………………… and having its registered office at
……………………… (and acting on behalf of its JV) (hereinafter referred to as
the “Bidder” which expression shall unless it be repugnant to the subject or context
thereof include its/their executors, administrators, successors and assigns), for the
Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section of
NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per
Crash Vulnerability Audit Report on EPC Mode (hereinafter referred to as “the
Project”) pursuant to the RFP Document dated …………… issued in respect of the
Project and other related documents including without limitation the draft
contract Agreement (hereinafter collectively referred to as “Bidding Documents”), we
(Name of the Bank) having our registered office at ………………… and one of its
branches at …………………….. (hereinafter referred to as the “Bank”), at the request of
the Bidder, do hereby in terms of Clause 1.2.4 read with Clause 2.20.1 of the RFP
Document, irrevocably, unconditionally and without reservation guarantee the due and
faithful fulfilment and compliance of the terms and conditions of the Bidding Documents
(including the RFP Document) by the said Bidder and unconditionally and irrevocably
undertake to pay forthwith to the Authority an amount of Rs. 0.96 Crore (Rupees
Ninety Six Lakh only) (hereinafter referred to as the “Guarantee”) as our primary
obligation without any demur, reservation, recourse, contest or protest and without
reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any of
the terms and conditions contained in the said Bidding Documents.
2. Any such written demand made by the Authority stating that the Bidder is in default of the
due and faithful fulfilment and compliance with the terms and conditions contained in the
Bidding Documents shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether
the claim of the Authority is disputed by the Bidder or not, merely on the first demand from
the Authority stating that the amount claimed is due to the Authority by reason of failure of
the Bidder to fulfil and comply with the terms and conditions contained in the Bidding
Documents including failure of the said Bidder to keep its BID open during the BID validity
period as set forth in the said Bidding Documents for any reason whatsoever. Any such
demand made on the Bank shall be conclusive as regards amount due and payable by the
Bank under this Guarantee. However, our liability under this Guarantee shall be restricted to
an amount not exceeding Rs. 0.96 Crore (Rupees Ninety Six Lakh only).
4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one
hundred and eighty) days from the BID Due Date inclusive of a claim period of 60 (sixty)
days or for such extended period as may be mutually agreed between the Authority and the
Bidder, and agreed to by the Bank, and shall continue to be enforceable till all amounts
under this Guarantee have been paid.
5. We, the Bank, further agree that the Authority shall be the sole judge to decide as to whether
the Bidder is in default of due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents including, inter alia, the failure of the
Bidder to keep its BID open during the BID validity period set forth in the said Bidding
Documents, and the decision of the Authority that the Bidder is in default as aforesaid
shall be final and binding on us, notwithstanding any differences between the Authority
and the Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any other
Authority.
6. The Guarantee shall not be affected by any change in the constitution or winding up of the
Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank
with any other person.
7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the Bank
as the principal debtor. The Authority shall have the fullest liberty without affecting in any
way the liability of the Bank under this Guarantee from time to time to vary any of the
terms and conditions contained in the said Bidding Documents or to extend time for
submission of the BIDs or the BID validity period or the period for conveying acceptance
of Letter of Award by the Bidder or the period for fulfilment and compliance with all or any
of the terms and conditions contained in the said Bidding Documents by the said Bidder or
to postpone for any time and from time to time any of the powers exercisable by it against
the said Bidder and either to enforce or forbear from enforcing any of the terms and
conditions contained in the said Bidding Documents or the securities available to the
Authority, and the Bank shall not be released from its liability under these presents by any
exercise by the Authority of the liberty with reference to the matters aforesaid or by reason
of time being given to the said Bidder or any other forbearance, act or omission on the part
of the Authority or any indulgence by the Authority to the said Bidder or by any change in
the constitution of the Authority or its absorption, merger or amalgamation with any other
person or any other matter or thing whatsoever which under the law relating to sureties
would but for this provision have the effect of releasing the Bank from its such liability.
8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or
made if addressed to the Bank and sent by courier or by registered mail to the Bank at the
address set forth herein.
9. We undertake to make the payment on receipt of your notice of claim on us addressed to
[name of Bank along with branch address] and delivered at our above branch which shall be
deemed to have been duly authorised to receive the said notice of claim.
10. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable against
the Bank, notwithstanding any other security which the Authority may have obtained from
the said Bidder or any other person and which shall, at the time when proceedings are taken
against the Bank hereunder, be outstanding or unrealised.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency except
with the previous express consent of the Authority in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute this
Guarantee for and on behalf of the Bank.
13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to
Rs. 0.96 Crore (Rupees Ninety Six Lakh only). The Bank shall be liable to pay the said
amount or any part thereof only if the Authority serves a written claim on the Bank in
accordance with paragraph 9 hereof, on or before [*** (indicate date falling 180 days after
the BID Due Date)].
14. This guarantee shall also be operatable at our……………….. Branch New Delhi, from
whom, confirmation regarding the issue of this guarantee or extension / renewal thereof
shall be made available on demand. In the contingency of this guarantee being invoked and
payment thereunder claimed, the said branch shall accept such invocation letter and make
payment of amounts so demanded under the said invocation.
15. 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, details of which is as under:

3. Account No. 84811010002035
Signed and Delivered by…………………………….Bank
By the hand of Mr./Ms ………………………………, its ……………….and
authorized official
(Signature of the Authorized Signatory)

(Official Seal)
Appendix-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (name of the
firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint
and authorize Mr./ Ms (name), …………………… son/daughter/wife of
……………………………… and presently residing at …………………., who is presently
employed with us/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are
necessary or required in connection with or incidental to submission of our BID for the
Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section of NH-2
from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per Crash
Vulnerability Audit Report on EPC Mode. Project proposed or being developed by the
National Highways Authority of India (the “Authority”) including but not limited to signing and
submission of all applications, BIDs and other documents and writings, participate in Pre-BID
and other conferences and providing information/ responses to the Authority, representing us in
all matters before the Authority, signing and execution of all contracts including the agreement
and undertakings consequent to acceptance of our BID, and generally dealing with the
Authority in all matters in connection with or relating to or arising out of our BID for the said
Project and/ or upon award thereof to us and/or until the entering into of the EPC Contract with
the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the powers
conferred by this Power of Attorney and that all acts, deeds and things done by our said
Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have
been done by us.
IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..
(Signature, name, designation and address)
of person authorized by Board Resolution
(in case of Firm/ Company)/ partner in case of
Witnesses: Partnership firm
1.
2.
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney) (Notarised)
Person identified by me/ personally appeared before me/
Attested/ Authenticated*
(*Notary to specify as applicable)
(Signature Name and Address of the Notary)
Seal of the Notary

Registration No. of the Notary
Date:………………
Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
▪ Wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian
Embassy if it carries a conforming Appostille certificate.
APPENDIX-IV
Format for Power of Attorney for Lead Member of Joint Venture
Whereas the National Highways Authority of India (“the Authority”) has invited BIDs for the
Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section of NH-2
from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per Crash
Vulnerability Audit Report on EPC Mode (the “Project”).
Whereas, …………………….., …………………….., and …………………….. (collectively

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

THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…
For …………………….. For …………………….. For ……………………..

(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the Joint Venture)
Witnesses:
1.
2.
Notes:
▪ The mode of execution of the Power of Attorney should be in accordance with the procedure, if
any, laid down by the applicable law and the charter documents of the executant(s) and when it
is so required, the same should be under common seal affixed in accordance with the required
procedure.
▪ Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.
▪ For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of Attorney
is being issued. However, the Power of Attorney provided by Bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalised by the Indian
Embassy if it carries a conforming Appostille certificate.
APPENDIX V
Format for Joint Bidding Agreement for Joint Venture
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of …………
20…
AMONGST
1. {………… Limited, and having its registered office at ………… } (hereinafter referred
to as the “First Part” which expression shall, unless repugnant to the context include its
successors and permitted assigns)
AND
2. {………… Limited, having its registered office at ………… } and (hereinafter referred
to as the “Second Part” which expression shall, unless repugnant to the context include its
AND
3. {………… Limited, and having its registered office at …………} (hereinafter referred
to as the “Third Part” which expression shall, unless repugnant to the context include its
The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively
referred to as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, established under the

National Highways Authority of India Act 1988, represented by its Chairman and
having its principal offices at Regional Office, West-U.P., 3/248, Vishal Khand, Gomti
Nagar, Lucknow (U. P.) – 226010 (hereinafter referred to as the “Authority” which
expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) has invited bids (the Bids”) by its Request for
Proposal No. ………… dated …………(the “RFP”) for award of contract for
“Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section of
NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per
Crash Vulnerability Audit Report on EPC Mode” (the “Project”) through an EPC
Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RFP document and
other bid documents in respect of the Project, and
(C) It is a necessary condition under the RFP document that the members of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with the
Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise requires,
have the meaning ascribed thereto under the RFP.
2. Joint Venture
2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”) for
the purposes of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Joint Venture and not individually and/ or through any other Joint Venture constituted
for this Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared the selected
Bidder and awarded the Project, it shall enter into an EPC Contract with the Authority
for performing all its obligations as the Contractor in terms of the EPC Contract for the
Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described
below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have the
power of attorney from all Parties for conducting all business for and on behalf of the
Joint Venture during the Bidding Process and for performing all its obligations as the
Contractor in terms of the EPC Contract for the Project;
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}
(c) Party of the Third Part shall be {the Member of the Joint Venture.}
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms of the
RFP and the EPC Contract, till such time as the completion of the Project is achieved
under and in accordance with the EPC Contract.
6. Share of work in the Project
The Parties agree that the proportion of construction in the EPC Contract to be allocated
among the members shall be as follows:
First Party:
Second Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one) per
cent of the total length of the project highway if the Contract is allocated to the Joint
Venture.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing under the
laws of its incorporation and has all requisite power and authority to enter into
this Agreement;
(b) The execution, delivery and performance by such Party of this Agreement has
been authorised by all necessary and appropriate corporate or governmental
action and a copy of the extract of the charter documents and board resolution/
power of attorney in favour of the person executing this Agreement for the
delegation of power and authority to execute this Agreement on behalf of the
Joint Venture Member is annexed to this Agreement, and will not, to the best of
its knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having applicability to
it;
(iii) violate the memorandum and articles of association, by-laws or other

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

governmental authorisation, approval, judgement, order or decree or any
mortgage agreement, indenture or any other instrument to which such
Party is a party or by which such Party or any of its properties or assets
are bound or that is otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security interests,
charges or Encumbrances or obligations to create a lien, charge, pledge,
security interest, encumbrances or mortgage in or on the property of such
Party, except for encumbrances that would not, individually or in the
aggregate, have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party from

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

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

LEAD MEMBER by: SECOND PART THIRD PART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:
1………………. 2.............................
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with
the procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of the person
executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall be
legalised by the Indian Embassy and notarized in the jurisdiction where the Power of
Attorney has been executed.
APPENDIX VI
INTEGRITY PACT FORMAT
(To be executed on the plain paper and submitted alongwith Technical Bid/ Tender documents
for tenders having a value of Rs. 5 crore or more. To be signed by the bidder and same
signatory competent/ authorized to sign the relevant contract on behalf of the NHAI)
(__________________Division)
Tender No.________________
This integrity Pact is made at . on this_____ day of………...2022.
BETWEEN
THE 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 Regional Office, West-U.P., 3/248, Vishal Khand, Gomti Nagar,
Lucknow (U. P.) – 226010, hereinafter referred to as "The Principal", which expression shall,
unless repugnant to the meaning of contract thereof, include its successors and permitted
assigns)
AND
…………………………………………………………. hereinafter referred to as "The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)" and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.
Preamble
Whereas, the Principal intends to award, under laid down organizational procedure, contract/s
for “Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section of
NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per Crash
Vulnerability Audit Report on EPC Mode”. 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 for Contractor(s)/ Concessionaire(s)/
Consultant(s).
And Whereas in order to achieve these goals, the Principal will appoint an Independent
External Monitors (IEMs), who will monitor the tender process and the execution of the
contract for compliance with the Principles mentioned above.
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 or 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.
(c) The Principal will exclude all known prejudiced persons from the process.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance Officer
and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.
Article - 2: Commitments of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s).
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to take all

measures necessary to prevent corruption. He commits himself to observe the following
principles during his participation in the tender process and during the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or

through any other person or firm, offer, promise or give to any of the Principal's
employees involved in the tender process or the execution of the contract or to any third
person any material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contract,
submission or non-submission or bids or any other actions to restrict competitiveness
or to introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for

purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or transmitted
electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall

disclose the name and address of the Agents/ Representatives in India, if any. Similarly,
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian Nationality shall
furnish the name and address of the foreign principals, if any. Further, details as
mentioned in the 'Guidelines on Indian Agents of Foreign Suppliers' shall be disclosed by
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s). Further, all the payments
made to the Indian Agent / Representative have to be Indian Rupees only.
(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.
(h) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) who have signed a

Integrity pact shall not approach the court while representing the matter to IEMs and shall
wait for their decision in the matter.
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 Article2,
above or in any other form such as to put his reliability or credibility in question, the
Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a

transgression through a violation of Article-2 such as to put his reliability or credibility into
question, the Principal shall be entitled to exclude including blacklist and put on holiday
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) for any future tenders/
contract award process. The imposition and duration of the exclusion will be determined by
the severity of the transgression. The severity will be determined by the Principal taking
into consideration the full facts and circumstances of each case particularly taking into
account the number of transgressions, the position of the transgressors within the company
hierarchy of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) and the amount

of the damage. The exclusion will be imposed for a maximum of 1 years.
(3) A transgression is considered to have occurred if the Principal after due consideration of
the available evidence concludes that “On the basis of facts available there are no material
doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent and
without any influence agrees and undertakes to respect and uphold the Principal's absolute
rights to resort to and impose such exclusion and further accepts and undertakes not to
challenge or question such exclusion on any ground, including the lack of any hearing
before the decision to resort to such exclusion is taken. This undertaking is given freely and
after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)
shall be final and binding on the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s),
however, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) can approach
IEM(s) appointed for the purpose of this Pact.
(6) On occurrence of any sanctions/ disqualification etc. arising out from violation of integrity
pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not be entitled for
any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) could be revoked by the Principal if the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) can prove that he has restored/ recouped
the damage caused by him and has installed a suitable corruption prevention system in his
organization.
Article-4: Compensation for Damages.
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Article-3, the Principal shall be entitled to suspend the bidder 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
apart from any other legal right that may have accrued to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant's Default. In such case, the Principal shall be entitled to forfeit
the Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant and/ or
demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
Article - 5: Previous Transgressions
(1) The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any country
conforming to the anti corruption/ Transparency International (TI) approach or with any
other Public Sector Enterprise/ Undertaking in India or any Government Department in
India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the
tender process or action for his exclusion can be taken as mentioned under Article-3 above
for transgressions of Article-2 and shall be liable for compensation for damages as per
Article-4 above.
Article - 6: Equal treatment of all Bidders/ Contractors/ Concessionaires/ Consultants/

Subcontractors.
(1) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) undertake(s) to demand

from all sub-contractors a commitment in conformity with this Integrity Pact, and to submit
it to the Principal before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with all
Bidders/ Contractors/ Concessionaires/ Consultants and subcontractors.
(3) The Principal will disqualify from the tender process all Bidders who do not sign this Pact
or violate its provisions.
Article - 7: Criminal charges against violating Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/

Consultant or subcontractor, or of an employee or a representative or an associate of a Bidder/
Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform the same to the
Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed Smt. Gauri Kumar, IAS (Retd.) and Sh. Ashish Bhauguna, IAS
(Retd.) as Independent External Monitor (IEM) for this pact. The task of the Monitor is to
review independently and objectively, whether and to what extent the parties comply with
the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs
his functions neutrally and independently. He reports to the Chairman, NHAI.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) accepts that the Monitor has
the right to access without restriction to all project documentation of the Principal
including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s).
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will also grant the Monitor,
upon his request and demonstration of a valid interest, unrestricted and unconditional
access to his project documentation. The same is applicable to Subcontractors.
(4) The Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality. The Monitor has also signed
on ‘Non-disclosure of Confidential Information’ and of ‘Absence of Conflict of Interest’.
In case of any conflict of interest arising at a later date, the IEM shall inform Chairman,
NHAI and recuse himself/ herself from that case.
(5) The Principal will provide to the Monitor sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Bidder/Contractor/ Concessionaire/
Consultant. The parties offer to the Monitor the option to participate in such meetings.
(6) As soon as the Monitor notices, or believes, to notice any transgression as given in Article-
2, he may request the Management of the Principal to take corrective action, or to take
relevant action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act in a specific
manner, refrain from action or tolerate action.
(7) The Monitor will submit a written report to the Chairman, NHAI within 8 to 10 weeks
from the date of reference or intimation to him by the Principal and, should the occasion
arise, submit proposals for correcting problematic situations.
(8) If the Monitor has reported to the Chairman, NHAI, a substantiated suspicion of an offence
under relevant IPC/PC Act or any other Statutory Acts, and the Chairman, NHAI has not,
within the reasonable time taken visible action to proceed against such offence or reported
it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to
the Central Vigilance Commissioner.
(9) The word 'Monitor' would include both singular and plural.
Article - 9 Pact Duration
This Pact begins when both parties have legally signed it (in case of EPC i.e. for projects
funded by Principal and consultancy services). It expires for the Contractor/ Consultant 12
months after his Defect Liability Period is over or 12 months after his last payment under the
contract whichever is later and for all other unsuccessful Bidders 6 months after this Contract
has been awarded. (In case of BOT Projects) It expires for the concessionaire 24 months after
his concession period is over and for all other unsuccessful Bidders 6 months after this Contract
has been awarded. Any violation of the same would entail disqualification of the bidder and
exclusion from future dealings.
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 in a partnership or a Joint Venture

partner, this pact must be signed by all partners or 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) Issue like warranty / Guarantee etc. shall be outside the purview of IEMs.
(6) In the event of any contradiction between the Integrity Pact and its Annexure, the clause
in integrity pact shall prevail.
(7) 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.
(8) The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provision of the extent law in force relating to any
civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witness:-
……………………………………. ……………………………………..
For & on behalf of the Principal For & On behalf of Bidder/
Contractor/ Concessionaire/
(Office Seal) Consulting
Place……………
Date………….…
Witness 1:
(Name & Address) ________________
________________
________________
Witness 2:
(Name & Address) ________________
________________
________________
{COUNTERSIGNED and accepted by:
JV Partner}
Appendix-VII
(See Clauses 2.21)
FORM OF BANK GUARANTEE
[Performance Security/Additional Performance Security]
To
Regional Office, West-U.P., 3/248,
Vishal Khand, Gomti Nagar, Lucknow (U. P.) – 226010
WHEREAS________________________________________[name and address of Contractor]

(hereafter called the “Contractor”) has undertaken, in pursuance of Letter of Acceptance (LOA)
No. _______________Dated_____________ for construction of Implementation of Road
Safety Works on 6 Lane Agra – Etawah Bypass section of NH-2 from Km. 215.000 to Km.
230.000 and from Km 280+000 to 295+000 as per Crash Vulnerability Audit Report on
EPC Mode (hereinafter called the “Contract”).
AND WHEREAS the Contract requires the Contractor to furnish the Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under and
in accordance with the Contract, during the {Construction Period/ Defects Liability Period and
Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee
Amount”2).
AND WHEREAS we, ………………….. through our branch at …………………. (the

“Bank”) have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”) by
way of Performance Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:
1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/ Defects
Liability Period and Maintenance Period} under and in accordance with the Contract,
and agrees and undertakes to pay to the Authority, upon its mere first written demand,
and without any demur, reservation, recourse, contest or protest, and without any
reference to the Contractor, such sum or sums up to an aggregate sum of the Guarantee
Amount as the Authority shall claim, without the Authority being required to prove or to
show grounds or reasons for its demand and/or for the sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of General
Manager, National Highways Authority of India, that the Contractor has committed
default in the due and faithful performance of all or any of its obligations under and in
accordance with the Contract shall be conclusive, final and binding on the Bank. The
Bank further agrees that the Authority shall be the sole judge as to whether the
2
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.
Contractor is in default in due and faithful performance of its obligations during and
under the Contract and its decision that the Contractor is in default shall be final and
binding on the Bank, notwithstanding any differences between the Authority and the
Contractor, or any dispute between them pending before any court, tribunal, arbitrators
or any other authority or body, or by the discharge of the Contractor for any reason
whatsoever.
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor
and/or the Bank, whether by their absorption with any other body or corporation or
otherwise, shall not in any way or manner affect the liability or obligation of the Bank
under this Guarantee.
4. It shall not be necessary, and the Bank hereby waives any necessity, for the Authority to
proceed against the Contractor before presenting to the Bank its demand under this
Guarantee.
5. The Authority shall have the liberty, without affecting in any manner the liability of the
Bank under this Guarantee, to vary at any time, the terms and conditions of the Contract
or to extend the time or period for the compliance with, fulfillment and/ or performance
of all or any of the obligations of the Contractor contained in the Contract or to postpone
for any time, and from time to time, any of the rights and powers exercisable by the
Authority against the Contractor, and either to enforce or forbear from enforcing any of
the terms and conditions contained in the Contract and/or the securities available to the
Authority, and the Bank shall not be released from its liability and obligation under
these presents by any exercise by the Authority of the liberty with reference to the
matters aforesaid or by reason of time being given to the Contractor or any other
forbearance, indulgence, act or omission on the part of the Authority or of any other
matter or thing whatsoever which under any law relating to sureties and guarantors
would but for this provision have the effect of releasing the Bank from its liability and
obligation under this Guarantee and the Bank hereby waives all of its rights under any
such law.
6. This Guarantee is in addition to and not in substitution of any other guarantee or

security now or which may hereafter be held by the Authority in respect of or relating to
the Contract or for the fulfillment, compliance and/or performance of all or any of the
obligations of the Contractor under the Contract.
7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force
for the period specified in paragraph 8 below and unless a demand or claim in writing is
made by the Authority on the Bank under this Guarantee all rights of the Authority
under this Guarantee shall be forfeited and the Bank shall be relieved from its liabilities
hereunder.
8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or claim
under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall
be discharged from its liabilities hereunder.
9. The Bank undertakes not to revoke this Guarantee during its currency, except with the
previous express consent of the Authority in writing, and declares and warrants that it
has the power to issue this Guarantee and the undersigned has full powers to do so on
behalf of the Bank.
10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been
duly authorized to receive such notice and to effect payment thereof forthwith, and if
sent by post it shall be deemed to have been given at the time when it ought to have
been delivered in due course of post and in proving such notice, when given by post, it
shall be sufficient to prove that the envelope containing the notice was posted and a
certificate signed by an officer of the Authority that the envelope was so posted shall be
conclusive.
11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect for up to the date specified in paragraph 8 above or until it is released earlier
by the Authority pursuant to the provisions of the Contract.
12. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG) 2010
Revision, ICC Publication No. 758, except that the supporting statement under Article
15(a) is hereby excluded.
13. This guarantee shall also be operatable at our……………….. Branch at New Delhi,
from whom, confirmation regarding the issue of this guarantee or extension / renewal
thereof shall be made available on demand. In the contingency of this guarantee being
invoked and payment thereunder claimed, the said branch shall accept such invocation
letter and make payment of amounts so demanded under the said invocation.
14. 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, details of which is as under:

3. Account No. 84811010002035
Signed and sealed this ………. day of ……….., 20……… at ………..
$
Insert date atleast 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.21 of
the RFP). The Contractors can submit the BG for periods of two years at one time and keep on renewing the
same till the DLP is over if they have problems in getting the BG in one go for the entire DLP.
SIGNED, SEALED AND DELIVERED
For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
Appendix-VIII
(See Clauses 3.3.4)
Format of LOA
No.________________________
(____________ Section)
G – 5&6, Sector – 10, Dwarka, New Delhi - 110075
Dated,
To,
{Name of selected Bidder}
Subject: Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass section
of NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000 as per Crash
Vulnerability Audit Report on EPC Mode -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.
2. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribed in Clause 1.3 of the RFP.
3. You are also requested to furnish Performance Security for an amount of ………………….
{and Additional Performance Security for an amount of ……………………….} as per
Clause 2.21 of the RFP within 30 (thirty) days of receipt of this Letter of Acceptance
(LOA). In case of delay in submission of Performance Security and Additional
Performance Security, if any, you may seek extension of time for a period not exceeding 60
(Sixty) days in accordance with Clause 2.21 of RFP.
4. In case of failure of submission of Performance Security, Additional Performance Security
(if any) and Security against Damages (if any) within the additional 60 (Sixty) days time
period, the award shall be deemed to be cancelled and 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.
Yours faithfully,
{authorized signatory}
“Accepted by
(Name of the Authorised Person)

(Name of the sole bidder/ lead partner of JV)
Seal of the bidder”
Appendix-IX
(To be on the letter head of the Bidder/ Each Member of the Joint Venture)
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs)
The
Lucknow (U. P.) – 226010
Sub: BID for Implementation of Road Safety Works on 6 Lane Agra – Etawah Bypass
section of NH-2 from Km. 215.000 to Km. 230.000 and from Km 280+000 to 295+000
as per Crash Vulnerability Audit Report on EPC Mode.
Dear Sir,
With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby undertake and confirm as follows:
I/We have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to contractors
from such countries;
I/We certify that this Bidder is not from such a country or, if from such a country, has
been registered with the Competent Authority as defined in Public Procurement Order
no. F.no.6/18/2019- PPD dated 23rd July 2020 and will not sub-contract any work to
a contractor from such countries unless such contractor is registered with the
Competent Authority.
I hereby certify that this bidder fulfils all requirements in this regard and is eligible to
be considered.
Yours faithfully,
Date:
(Signature of the Authorised signatory)
Place:
(Name and designation of the of the Authorised signatory)
Name and seal of Bidder/Each Member of Joint Venture
Notes:
{Where applicable, evidence of valid registration by the Competent Authority shall be attached}
In case the above certification is found to be false, this would be a ground for immediate rejection
of Bid/termination and further legal action in accordance with law.

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Request For Proposal

Implementation of Road Safety Works on 6 Lane Agra –

Engineering, Procurement & Construction

NATIONAL HIGHWAYS AUTHORITY OF

Contents Page No.

C Preparation and Submission of BIDs 31

Agreement As defined in Clause 1.1.4

National Highways Authority of India

Name of the National Highway Estimated No of Years

1.2 Brief description of Bidding Process

1.3 Schedule of Bidding Process

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

2.1.9 This RFP is not transferable.

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

(i) Fails to set up institutional mechanism and procedure as per Contract.

(ii) Fails to mobilize key construction equipment within a period of 4 months

(vi) Fails to complete rectification (excluding minor rectifications) as per time

(vii) Fails to complete minor rectifications exceeding 3 instances in a project as per

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

(ix) Damages/penalties recommended by Independent/Authority’s Engineer

(xi) Occurrences of minor failure of structures/highway due to construction defect

(xii) Occurrence of major failure of structures/highway due to construction defect

(xvii) Related as an unsatisfactory performing entity/ non-performing entity by an

Debarment/declaration as non-performer of a particular firm shall automatically

2.1.15 All Orders of Ministry of Finance/DPIIT/any other Government agencies, as

2.2. Eligibility and qualification requirements of Bidder

(ii) a constituent of such Bidder is also a constituent of another Bidder; or

a) An entity incorporated, established or registered in such a country, or

(iii) Beneficial owner for the purpose of (ii) above means:

1. In case of a company or Limited Liability Partnership, the beneficial owner is

a) "Controlling ownership interest" means ownership of or entitlement to

3. In case of an unincorporated association or body of individuals, the beneficial

5. In case of a trust, the identification of beneficial owner(s) shall include

Certificate regarding Compliance:

A certificate on the letterhead of the Bidder shall be required to be submitted by the

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

Assessed Available BID capacity = (A*N*2.5 – B + C), Where

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

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

2.2.2.2 Technical Capacity

(ii) For normal Highway projects (including Major

If any, Major Bridge/ROB/Flyover/ Tunnel is (are) part of the project, then

(a) In case, longest span of Bridge/ROB/flyover is less than or equal to 60 m,

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

2.2.2.3 Financial Capacity:

2.2.2.4 In case of a Joint Venture:

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

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

(iii) For the purpose of this RFP:

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

(III) The works such as Improvement in Riding Quality work (IRQP/IRQ),

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

2.2.2.7 Submission in support of Technical Capacity

2.2.2.8 Submission in support of Financial capacity

2.3 Proprietary data

2.4 Cost of Bidding

2.5.2 It shall be deemed that by submitting a BID, the Bidder has:

Assessed Available BID capacity = (AN2.5 – B + C), Where