Reply to Pre-Bid Queries raised by the bidders for the Project of “Construction of 6-lane Greenfield Varanasi-Ranchi-Kolkata Highway from

junction with NH-320 in Lepo village to Kamlapur village (JH/WB border) from km 358.500 to km 387.200 under Bharatmala Pariyojana in the State
of Jharkhand on Hybrid Annuity Mode (Package 13)”

S. Pre Bid Queries Reply of Authority

No.

1 Clause 8.1.2, Disclaimer Clause is clear in this regard.

The Concessionaire acknowledges and hereby accepts the risk of inadequacy, mistake or
error in or relating to any of the matters set forth in Clause 8.1.1 above and hereby
acknowledges and agrees that the Authority shall not be liable for the same in any manner
whatsoever to the Concessionaire, {the Consortium Members and their} Associates or any
person claiming through or under any of them.
The bidder understands that it only acknowledges and accepts the risk of inadequacy,
mistake, or error in or relating to any matter set forth in Clause 8.1.1, which is limited to
the Scope defined in Schedule - B. Anything beyond, that is specified in Schedule B shall be
considered as additional work and dealt under Change of Scope under Article 16.
2 Clause 10.3.4, Procurement of the Site Clause is clear in this regard.
The Authority shall make best efforts to procure and grant, no later than 90 (ninety) days
from the Appointed Date, …...
(a) It is understood that the eligibility for issue of Provisional Completion Certificate,
shall be reckoned for ROW that has been handed over to the Concessionaire, within 180 days
from the Appointed Date (AD) subject to the payment of Damages to the Concessionaire
under this Clause, even in the case, the provision of deemed withdrawal of works on land,
which has not been handed over to Concessionaire, within 180 days of AD has not been
exercised by either Parties.
(b) We understand that all provisions with respect to Payment Milestone, payment of
Annuity, Bonus and other due payments shall remain unaffected and shall be paid in full, in
case of conditions clarified in (a) above.
During course of execution, it is understood that percentage weightage of works assigned for
achievement of all Project Milestones shall be reckoned in proportion to the ROW made
available to the Concessionaire with 180 days of AD.
3 Clause 11.2.1, Shifting of obstructing utilities Clause is clear in this regard.
The supervision charges only shall be paid by the Authority to the Utility Owning Entity. In
the event of any delay in shifting thereof, the Concessionaire shall be responsible for failure
to perform any of its obligations here under if such failure is not as a direct consequence of
delay on the part of the entity owning such electric lines, water pipes or telephone cables,
as the case may be.

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The Bidder understands that in the event of any delay in approval for Shifting of Utilities or
the estimates by the Authority, the Concessionaire shall not be responsible for such failure
and Extension of Time shall be granted for such failure of the Authority.
4 Clause 14.2, Completion Certificate Clause is clear in this regard.
Upon completion of Construction Works and the Independent Engineer determining the Tests
to be successful, it shall forthwith issue to the Concessionaire and the Authority a certificate
substantially in the form set forth in Schedule-J (the “Completion Certificate”).
Authority is requested to kindly clarify the timelines for issuance of Completion Certificate,
after completion of works listed in the “Punch List”.
5 Clause 16.2.2 (b), Procedure for Change of Scope SOR as applicable.
(b) the options for implementing the proposed Change of Scope and the effect, if any, each
such option would have on the costs and time thereof, including a detailed breakdown by
work classifications specifying the material and labour costs calculated in accordance with
the schedule of rates applicable to the works assigned by the Authority to its contractors,
along with the proposed premium/discount on such rates; provided that the cost incurred by
the Concessionaire in providing such information shall be reimbursed by the Authority to the
extent such cost is certified by the Independent Engineer as reasonable.
The Bidder requests to provide the schedule of rates applicable to the works assigned by the
Authority to its contractors, along with the proposed premium/discount on such rates.
6 Clause 16.2.3, Procedure for Change of Scope Clause is clear in this regard.
Upon receipt of information set forth in Clause 16.2.2, if the Authority decides to proceed
with the Change of Scope, it shall convey its preferred option to the Concessionaire, and the
Parties shall, with assistance of the Independent Engineer, thereupon make good faith efforts
to agree upon the time and costs for implementation thereof. Upon reaching an agreement,
the Authority shall issue an order (the “Change of Scope Order”) requiring the Concessionaire
to proceed with the performance thereof. In the event that the Parties are unable to agree,
the Authority may, by issuing a Change of Scope Order, require the Concessionaire to proceed
with the performance thereof pending resolution of the Dispute, or carry out the works in
accordance with Clause 16.5.
Kindly clarify the timelines on issuance of Change of Scope Order by Authority from the date
of Change of Scope Notice.
7 Article 16 – Change of Scope Article 16 is clear in this regard.
It is understood by the bidder that in the event of any additional structure included beyond
the scope of work defined in Schedule-B as Change of Scope works, the O&M charges for the
same shall be separately payable to the Concessionaire.

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8 Clause 17.8.1, Damage for breach of maintenance obligation No change.
In the event that the Concessionaire fails to repair or rectify any defect or deficiency set
forth in the Maintenance Requirements within the period specified therein, it shall be
deemed to be in breach of this Agreement and the Authority shall be entitled to recover
Damages, to be calculated and paid for each day of delay until the breach is cured, at the
higher of (a) 2% (two per cent) of the Performance Security, and (b) 0.1% (zero point one per
cent) of the cost of such repair or rectification as estimated by the Independent Engineer.
Recovery of such Damages shall be without prejudice to the rights of the Authority under
this Agreement, including the right of Termination thereof.
This Clause may kindly be deleted since Damages prescribed in this Clause are highly
irrational, and the said Clause in its current form can have severe financial implications on
the Concessionaire and make the execution of the Project commercially unviable. Also, it is
submitted that as provisions of Clause 17.9.1 reasonably cover Damages payable for breach
of Maintenance Obligation by the Concessionaire, the same be retained/ effected as a sole
remedy against breach/ default in relation to maintenance obligations of the Concessionaire.
9 Clause 23.7.1 a, b, c, d Clause is clear in this regard.
1. Kindly clarify whether the Bid Project Cost specified in Clause 23.1 of Concession
Agreement (CA) shall be revised from time to time in accordance with the provisions of
Clause 23.2 of Concession Agreement (CA), so as to reflect the variation in price index
occurring after the reference Index Date immediately preceding the Bid Date, for calculation
of Maintenance payment and renewal payment payable to the Concessionaire.
2. The Bidder understands that the Bid Project Cost stand modified as per Clause 23.2 of the
CA, for payment of Maintenance and renewal layers. Kindly clarify
3. Bidder understands that the Cost of renewal works/layer in the respective year shall be
paid by the Authority to the Concessionaire in addition to maintenance payment to be
defined in the respective year. Kindly clarify?
4. Bidder understands that the Authority shall pay the cost of Two renewal layers during the
Operation and Maintenance Period, @2.40 % of the Bid Project Cost and the cost of any
additional renewal layer (other than aforesaid Two renewal layers) shall be borne by the
Concessionaire. Kindly Clarify.
5. Based on survey and investigation of the existing pavement, if the renewal layer required
to be laid only on part length of the project, then how the cost of the renewal layer and
maintenance payment shall be calculated and paid to the Concessionaire? Kindly define the
methodology.
6. Further, the term original Bid Project Cost is only being used for Flexible and Flexible
perpetual, not in rigid and stand-alone Bridge/ Tunnel works, which shall also be clarified.

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10 Clause- 23.7.2 Clause is clear in this regard.
Above amount for the performance of Contractors’ Maintenance obligations shall be,
inclusive of all taxes (except GST, which shall be payable at applicable rates).. The amount
payable for maintenance shall be adjusted on account of variation of Price Index. It is further
agreed that the Bid Project Cost hereunder shall be reckoned with reference to the amount
specified in Clause 23.1, which shall be adjusted to the extent of Change of Scope and
Reduction in Scope, but shall not include any price adjustments in pursuance of variation of
Price Index.
1) As per second sentence of the mentioned clause, the maintenance payment shall be
adjusted on account of variation in Price Index. It is understood that the provision in last line
of this clause is limited to the amounts affected due to Change of Scope and Reduction in
Scope only.
2) Further, the Bidder understands that the amount for the performance of Contractors’
Maintenance obligations shall be exclusive of GST.
11 Clause 26.1, Insurance during Concession Period Clause is clear in this regard.
The Concessionaire shall effect and maintain at its own cost, during the Construction Period
and the Operation Period, such insurances for such maximum sums as may be required under
the Financing Agreements and Applicable Laws, and such insurances as may be necessary or
prudent in accordance with Good Industry Practice. The Concessionaire shall also effect and
maintain such insurances as may be necessary for mitigating the risks that may devolve on
the Authority as a consequence of any act or omission of the Concessionaire during the
Construction Period…..
The bidder understands that in case of extension of Schedule Completion Date for the reasons
attributable to the Authority, the additional cost towards the Insurance premium as per the
said clause shall be paid separately to the Concessionaire.
12 Clause 38.1.3, Dispute Resolution Board Schedule-S is clear in this regard.
Failing mediation by the Independent Engineer or without the intervention of the
Independent Engineer, either Party may require such Dispute to be referred to the Dispute
Resolution Board (“DRB”) in accordance with the procedure set forth in Schedule-S to the
Concession Agreement….
It is understood that the Bidder will have the flexibility in appointment of respective DRB
members, no restriction should be there to select from the list of empaneled persons by
NHAI.
13 Schedule – I Tests, S.No 2.8 Clause is clear in this regard.
Other Tests: The Independent Engineer may require the Concessionaire to carry out or cause
to be carried additional Tests, in accordance with Good Industry Practice, for determining
the compliance of the Project with Specifications and Standards.

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 S. Pre Bid Queries Reply of Authority
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The Authority shall clarify the meaning of the Other tests, the details need to be mentioned
specifically about the types of other tests possible as there is minimum but no limit for
maximum.
14 General As per RFP/ Concession Agreement.
Kindly clarify the cut-off date upto which the published Circulars / IRC specification / gazette
notification published by the Competent Authority / GOI / other relevant organisations such
as IRC/ MORTH etc. shall be taken into consideration for preparation bid by the Bidder.
15 General As per provisions of Concession Agreement.
In HAM Projects, Tolling is not in the scope of the Concessionaire and therefore, the Bidder
understands that the day-to-day expenditure pertaining to Toll Plaza viz replacement/repair
of Toll Plaza equipment during O&M period, Toll Plaza lighting (including that of
Administrative Building etc.), Internet expenditure is included under scope of Toll fee
Collecting agency, appointed by the Authority
16 General Please refer the technical Schedules
Technical Schedules uploaded.
Technical Schedules is not available in the documents, so Authority is requested to please
provide the same and give bidders option to give additional queries after uploading the
technical schedules, other relevant documents on the web portal.
17 General Please refer the Utility Shifting Plan
Utility Shifting Plan uploaded.
Authority are requested to please provide the Utility Shifting Plan.
18 General Please refer the drawing uploaded.
Plan and Profile / GAD Structures
Authority is requested to kindly provide highway drawings and GAD Structures for better
understanding of the project.
19 General All available data has been uploaded.
Detail Project Reports
Authority are requested to please provide the Detail Project Reports.
20 General All available data has been uploaded.
Geotechnical Investigation
Authority is requested to kindly furnish Geotechnical Investigation Report.

21 Annex – I (Schedule-A) Clause 12 Please refer the Utility Plan uploaded.

Utilities
Authority is requested to kindly provide Colored Detailed Utility Plan for better evaluation
of the scope of work.

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 S. Pre Bid Queries Reply of Authority
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22 Annex – I (Schedule-A) Clause 12, (i), As per Schedule.
Utilities
(j) Electrical Utilities
a) Extra High-Tension Lines (EHT Lines)
Authority is requested to kindly provide the type of circuit single or double circuit with the
obstructed length and the number of towers in each crossing for better evaluation of scope
of work the project.
Also, Authority is requested kindly providing the name of Utility owing authority.
23 Annex – I (Schedule-A) Clause 12, (i), As per Schedule.
Utilities
(j) Electrical Utilities
(b) High Tension/ Low Tension Lines (HT/ LT Lines)
Authority is requested to kindly provide crossing (U/G or O/H) details. If U/G, then size of
cable in underground crossing and type of Tower/Pole in overhead crossing.
Further, Authority is requested to kindly provide type of pole and conductor exist along the
project highway.
Also, Authority is requested to kindly provide the name of Utility owing authority.
24 Annex – I (Schedule-A) Clause 12, (ii), As per Schedule.
Utilities
(ii) The Public Health Utilities (Water/ Sewage Pipeline)
a) Water Pipe Lines details:-
Authority is requested to kindly provide the material type of pipe.
As per schedule A the existing water supply line is with pumping. So, please provide the
details of pump like head, capacity. etc. for better evaluation of the work.
Also, Authority is requested to kindly provide the name of Utility owing authority.
25 Annex – I (Schedule-A) Clause 12, (ii), As per Schedule.
Utilities
(ii) The Public Health Utilities (Water/ Sewage Pipeline)
b) HAND PUMP and WELL details:-:
Authority is requested to kindly provide the size/diameter & Depth of Well and Hand Pump.
26 Annex – I (Schedule-A)Clause 12, (ii), As per Schedule uploaded.
Utilities -Mobile Tower
Authority is requested to kindly provide the tower detail. Also, Authority is requested to
kindly clarify that the mobile tower is obstruct at chainage 358+500.which is Ending chainage
of Package-12th and starting chainage of package-13th.
In which package include the mobile tower?
And also, please provide the name of Utility owing authority

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27 Annex – I (Schedule-A) Clause 12, (iii), As per Schedule uploaded.
Utilities
iii Oil/Gas (GAIL) Pipe line Crossing
Authority is requested to kindly provide the material type of pipelines size/diameter and
Depth of Oil/Gas Pipeline.
28 Clause 4.4 Appendix B-IV Schedule B Total land required 235 ha
Right of Way 3 (D) 235 ha
Authority is requested to kindly share the present status of land acquisition. 3 (G) In progress.
29 Clause 4.8 Appendix-B-III-(A) Schedule-B No Change. As per Schedule B.
Details of Slip Road / Service Road
Note: -
(i) The above lengths are indicative and minimum specified. The actual length of the
connecting roads shall be determined by the Concessionaire in accordance with IRC: SP: 87-
2019 and actual site requirements with approval from the Independent Engineer. Any
variations in the length specified in this Clause of Schedule-B shall not constitute a Change
of Scope, save and except any variations in the length arising out of a Change of Scope
expressly undertaken in accordance with the provisions of Article 16.
The clause/ footnote in Schedule B by Authority is not in line of NHAI Policy guidelines dated
17th September 2020 and are ambiguous. As per NHAI Policy Guideline No 18.53/2020 dated
17th September 2020, Section E, i.e., PROJECT PREPARATION in Sr. No. 04 emphasizes that,
Words, “Tentative, approximate, minimum etc.” must not be used while defining the scope”.
Further Sr. No. 08 also stated that, “Scope of works in the Project should be precisely defined
in Schedule B & C. And Schedule -B and C should clearly mention the scope of work. ROs and
PDs shall ensure the same at the time of preparation of DPRs/Bidding Documents”.
Therefore, Authority is requested to kindly provide the details of Service Road and
Connecting Road required in other locations, if any, other than the list mentioned, or the
footnote may delete/ amend accordingly considering any variation in length as change of
scope under provision of Article 13.
30 Clause 4.12 Appendix B-II Schedule B As per Plan Profile.
Alignment Plan and Longitudinal Section
a) Alignment Plan & Longitudinal Profile
b) GAD of Structures
c) Traffic Signages Plan
d) Utility Relocation Plan
e) Other Miscellaneous drawings
Authority is requested to kindly provide following details.

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 S. Pre Bid Queries Reply of Authority
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a) Alignment Plan & Longitudinal Profile (Service Road/ Slip Road, Main carriageway,
Ramp/Loop)
b) GAD of Structures
c) Traffic Signages Plan
d) Utility Relocation Plan
e) Other Miscellaneous drawings.
31 Clause 4.17.2 Appendix B-XIX Schedule B Additional culvert shall be provided as per
LIST OF CULVERTS FOR FIELD CANAL/UTILITY CROSSING site requirement in consultation with IE/
Additional 30 (thirty) no. of box culverts of size 1x3x3m shall be provided across the Highway Authority.
for local canal/ field canal/ utility crossings as per the site requirement. Location for such
culverts shall be finalized in consultation with Independent Engineer and NHAI.
Authority is requested kindly provide chainage wise location of additional culverts for better
evaluation of the project.
32 Clause 4.25 Appendix-B-XX Schedule-B No Change.
Stretches for Provision of Reinforced Earth Wall and RCC Retaining wall/RCC Toe wall
Note:
The length specified hereinabove shall be treated as an approximate assessment and
minimum. The actual lengths as required on the basis of detailed investigations shall be
determined by the Concessionaire in accordance with the Specifications and Standards. Any
increase in the lengths specified in this Schedule-B shall not constitute a Change of Scope,
save and except any variations arising out of a Change of Scope expressly undertaken in
accordance with the provisions of Article 16.
The clause/ footnote in Schedule B by Authority is not in line of NHAI Policy guidelines dated
17th September 2020 and are ambiguous. As per NHAI Policy Guideline No 18.53/2020 dated
17th September 2020, Section E, i.e., PROJECT PREPARATION in Sr. No. 04 emphasizes that,
Words, “Tentative, approximate, minimum etc.” must not be used while defining the scope”.
Further Sr. No. 08 also stated that, “Scope of works in the Project should be precisely defined
in Schedule B & C. And Schedule -B and C should clearly mention the scope of work. ROs and
PDs shall ensure the same at the time of preparation of DPRs/Bidding Documents”.
Since the Length of Retaining/ RE Wall/ Toe Wall/ Pathways Structures is specified in the
given Clause, authority is requested to kindly consider any variation as change of Scope.
33 Clause 4.28 Schedule-B As per Schedule B.
Ground Improvement
Ground Improvement, wherever required, shall be done as per Schedule D and the same shall
not constitute a Change of Scope.

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 S. Pre Bid Queries Reply of Authority
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At locations where embankment / RE wall height is more than 9m, ground improvement to
be designed and carried out as per relevant IRC standards.
In Bidding stage, it is not feasible to do the Soil Investigation for complete project stretch
to access the requirement of Ground Improvement.
Therefore, authority is requested to kindly provide Chainage wise/ location wise details of
Ground Improvements required in project identified during preparation of feasibility DPR for
better evaluation of project scope.
34 Clause 2.4.1 Schedule C Refer amended Schedule.
Facilities
A) Way side Amenities / Service Areas
Wayside amenities of about 6 hectares shall be developed at the following locations in
accordance to Schedule – D. The connecting Ramps (all ramps shall be constructed with same
specifications of loop/ ramps of interchange given in schedule B) from/to highway shall be
provided as per Schedule B & Schedule D.

Authority is requested to kindly provide the clear scope of work to be provided in wayside
amenities.
Following addition information required.
1. There is a discrepancy in development area of wayside amenities. As per para-A the
area of about 6 hectares whereas, as per table development area is 2 hectares for each
location. Kindly clarify and provide clear scope of development area of wayside amenities.
2. Typical drawing of wayside amenities with detail dimension.
Activity wise area table/details of facilities to be provided.
35 Clause 2.4.1 Annex-1, Schedule-C As per Schedule.
A) Way side Amenities / Service Areas
Wayside amenities of about 6 hectares shall be developed at the following locations in
accordance to Schedule – D. The connecting Ramps (all ramps shall be constructed with same
specifications of loop/ ramps of interchange given in schedule B) from/to highway shall be
provided as per Schedule B & Schedule D.

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 S. Pre Bid Queries Reply of Authority
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Notes: for all facilities mentioned in Para above

Schedule D.
One numbers of Rest Area/Way Side Amenities at 382+300 to 382+500 (RHS ) to be provided
by the Concessionaire as per provision of Clause 2.4.1,Annex-1, Schedule-C of the MCA.
Pursuant to Clause 12.8 of the Concession Agreement and provision of IRC: SP:87-2019 (the
“Manual”), the Rest Areas/Way Side amenities are required to be constructed and operated
by the Concessionaire.
However, there is neither specific provision has been provided by the Authority in Concession
Agreement nor specific guidelines been issued by the Authority for its operation.
Therefore, the Authority is requested to provide the SoP/Guidelines for operation of these
Rest Areas/Way Side Amenities, so that the operation of these project facilities can be done
by the Concessionaire after completion.
36 General All available data has been uploaded.
Hydrology Reports
Authority is requested to kindly provide the hydrology report of project stretch carried out
during DPR for better evaluation of the project.
37 General Public hearing has been completed. Forest
Forest Clearance Clearance in progress.
Authority is requested to kindly provide Chainage wise details and Status of forest Land
Diversion.
38 General Environmental Clearance in progress.
Environmental Clearance
Authority is requested to kindly provide status of Environmental Clearance.

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