Slope - Protection RFP

Ministry of Road Transport & Highways,
(Govt. of India)
REQUEST FOR PROPOSAL

(Through CPP Portal)
For
“Slope protection works for the work of Construction of Four Lane Dimapur —
Kohima Road from design km 152.490 to km 166.700 (Existing km 156.000 to km
172.900) Excluding Dimapur & Kohima Bypass, in the state of Nagaland under
SARDP-NE through Engineering, Procurement and Construction (EPC) Contract
Basis"
International Competitive Bidding
May 2023
National Highways & Infrastructure Development Corporation Ltd

3rd floor, PTI Building, 4-Parliament Street,
New Delhi – 110001
“Slope protection works for the work of Construction of Four Lane Dimapur — Kohima
Road from design km 152.490 to km 166.700 (Existing km 156.000 to km 172.900)
Excluding Dimapur & Kohima Bypass, in the state of Nagaland under SARDP-NE 2023]
through Engineering, Procurement and Construction (EPC) Contract Basis"
Table of Contents
Sr. No. Details Page
No.
Notice Inviting Bid
DISCLAIMER
GLOSSARY
1 INTRODUCTION 8
1.1 Background
1.2 Brief description of Bidding Process
1.3 Schedule of Bidding Process
2 INSTRUCTIONS TO BIDDERS 12
A. GENERAL 12
2.1 General terms of Bidding
2.2 Eligibility and qualification requirements of Bidder
2.3 Proprietary data
2.4 Cost of Bidding
2.5 Site visit and verification of information
2.6 Verification and Disqualification
B. DOCUMENTS 27
2.7 Contents of the RFP 27
2.8 Clarifications 28
2.9 Amendment of RFP 29
C. PREPARATION AND SUBMISSION OF BIDS 29

2.10 Format and Signing of BID 29
2.11 Documents comprising Technical and Financial BID 29
2.12 BID Due Date 31
2.13 Late BIDs 31
2.14 Procedure for e-tendering 32
2.15 Online Opening of BIDs 33
2.16 Rejection of BIDs 33
2.17 Validity of BIDs 33
2.18 Confidentiality 34
2.19 Correspondence with the Bidder 34
D. BID SECURITY 34
2.20 BID Security: 34
3 EVALUATION OF TECHNICAL BIDS AND OPENING & 37

EVALUATION OF FINANCIAL BIDS
3.1 Evaluation of Technical Bids 37
3.2 Opening and Evaluation of Financial Bids 38
3.3 Selection of Bidder 38
Page 2 of 113
3.4 Contacts during BID Evaluation 39

3.5 Correspondence with Bidder 39
4 FRAUD AND CORRUPT PRACTICES 40
5 PRE-BID CONFERENCE 41
6 MISCELLANEOUS
APPENDICES
IA Letter Comprising The Technical Bid 4
IB Letter Comprising The Financial Bid 8
II Bid Securing Declaration 27
III Format For Power Of Attorney For Signing Of Bid 28
IV Format For Power Of Attorney For Lead Member Of Joint Venture 30
V Format For Joint Bidding Agreement For Joint Venture 32
VI Integrity Pact Format 37
VII Form Of Bank Guarantee 43
VIII Format of LOA 46
IX Item Rate BOQ
X Certificate Of Net Worth By Statutory Auditor
XI Certificate Of Turnover By Statutory Auditor
Annexure of Appendix 1A
I Details of Bidder 50
II Technical Capacity of the Bidder 53
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
IX Details of Ongoing & awarded works in NHIDCL 66
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राष्‍ट्रीय राजमार्ग एवं अवसंरचना ववकास वनर्म विवम्े ड

National Highways & Infrastructure Development Corporation Limited
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
GOVT. OF INDIA
Notice Inviting Bid

(Online e-tender through Central Public Procurement Portal)
Bid/ Package No: NHIDCL/Nagaland/Civil Work/DK3/SP Dated: 25.05.2023
RFP for the work of “Slope protection works for the work of Construction of Four
Lane Dimapur — Kohima Road from design km 152.490 to km 166.700 (Existing
km 156.000 to km 172.900) Excluding Dimapur & Kohima Bypass, in the state
of Nagaland under SARDP-NE through Engineering, Procurement and
Construction (EPC) Contract Basis"
The Ministry of Road Transport & Highways through National Highways & Infrastructure
Development Corporation Limited (NHIDCL) is engaged in the development of National
Highways and as part of this endeavor, it has been decided to undertake “Slope protection
works for the work of Construction of Four Lane Dimapur — Kohima Road from
design km 152.490 to km 166.700 (Existing km 156.000 to km 172.900)
Excluding Dimapur & Kohima Bypass, in the state of Nagaland under SARDP-NE
through Engineering, Procurement and Construction (EPC) Contract Basis”
The National Highways & Infrastructure Development Corporation Limited represented by its
Managing Director now invites International Competitive Bids from eligible contractors for the
following project:
Estimated Cost Bid

Completion
State/UT NH No. Description of the work exclusive of GST Security
period
(Rs. In Crore) (Rs in Cr)
Slope protection works for
the work of Construction
of Four Lane Dimapur —
Kohima Road from design 12 Months
km 152.490 to km 166.700 Construction
(Existing km 156.000 to km Period and 60
Nagaland NH 29 69.36 0.69
172.900) Excluding Months
Dimapur & Kohima Maintenance
Bypass, in the state of Period
Nagaland under SARDP-
NE through Engineering,
Procurement and
Page 4 of 113
Construction (EPC)
Contract Basis”
The complete BID document can be viewed / downloaded from official portal of the CPPP
website https:// eprocure.gov.in/eprocure/app from 25.05.2023 to 10.07.2023 (upto 1100 hrs
IST). Bidder must submit its financial bid and Technical Bid at https://
eprocure.gov.in/eprocure/app on or before 10.07.2023 (up to 1100 hrs IST). Bids received
online shall be opened on 11.07.2023 (at 1130 hrs IST).
Bid through any other mode shall not be entertained. However, Bid Securing Declaration,
Document fee, Power of Attorney and Joint Bidding Agreement etc. shall be submitted
physically by the Bidder on or before the date mentioned in data sheet, please note that the
NHIDCL reserves the right to accept or reject all or any of the BIDs without assigning any reason
whatsoever.
(AK Jha)
General Manager (Technical)
National Highways & Infrastructure Development Corporation Ltd. Third Floor, PTI
Building, 4 Sansad Marg.
New Delhi-110001
Phone: +91-11-23461622
E-mail: ([email protected])
As part of the Standard Operating Procedure for adoption of Integrity Pact, an Independent
External Monitor (IEM) has been appointed in NHIDCL, as per approval of the Central
Vigilance Commission and Ministry of Road Transport & Highways, Govt. of India. The
contact detail of IEM can be seen on the website of NHIDCL.
Page 5 of 113
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
Page 6 of 113
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
Page 7 of 113
Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.21.1
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 Securing Declaration As defined in Clause 2.20
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 *********
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.
Page 8 of 113
राष्‍ट्रीय राजमार्ग एवं अवसंरचना ववकास वनर्म विवम्े ड

(MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVT. OF INDIA)
SECTION 1
INTRODUCTION
1.1 Background
1.1.1 The National Highways & Infrastructure Development Corporation Limited

(NHIDCL) represented by Managing Director (the “Authority”) is engaged in the
development of National Highways and as part of this endeavour, the Authority has
decided to undertake the work of “Slope protection works for the work of
Construction of Four Lane Dimapur — Kohima Road from design km
152.490 to km 166.700 (Existing km 156.000 to km 172.900) Excluding
Dimapur & Kohima Bypass, in the state of Nagaland under SARDP-NE
through Engineering, Procurement and Construction (EPC) Contract
Basis” (the “Project”) through an Engineering, Procurement and Construction (the
“EPC”) Contract, and has decided to carry out the International Competitive 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:// eprocure.gov.in/eprocure/app. Brief particulars of the
Project are as follows:
Estimated
Length Bid
Project Cost Completion
Name of the work in Security
(Excl. GST) Period
Km (Rs in Cr)
(In ₹ cr.)
“Slope protection works for the
work of Construction of Four
Lane Dimapur — Kohima Road
from design km 152.490 to km 12 Months of
166.700 (Existing km 156.000
Construction
to km 172.900) Excluding
21.90 69.36 0.69 + 60 months
Dimapur & Kohima Bypass, in
the state of Nagaland under
of
SARDP-NE through Maintenance
Engineering, Procurement
and Construction (EPC)
Contract Basis”
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
Page 9 of 113
provided by the Authority as part of the Bidding Documents pursuant hereto. The
Contractor shall also be responsible for the maintenance of the project during the Defect
Liability Period. The scope of work will broadly include rehabilitation, upgradation
and augmentation of the existing carriageway to [two-lane with/ without paved
shoulders] standards with construction of new pavement, rehabilitation of existing
pavement, construction and/or rehabilitation of major and minor bridges, culverts,
road intersections, interchanges, drains, etc. as detailed in the Schedules and
maintenance of the Project during the Defect Liability Period, which shall be as below:
The Defect Liability Period/Maintenance Period for the development of National Highway
shall be as under:
(a) 5 (five) years from the date of completion in case of a road being constructed with
flexible pavement.
(b) 10 (ten) years from the date of completion in case of road being constructed with rigid
pavement.
(c) 10 (ten) years from the date of completion in case of road being constructed with
flexible pavement using perpetual design
(d) 10 (ten) years from the date of completion in case of all stand-alone structures, e.g.
Major Bridges/ and Tunnels
(e) 10 (ten) years from the date of completion for the stretches where new technology/
material has been/ is proposed to be used.
(f) 3 (three) years from the date of completion in case of maintenance works.
Note: The categorization whether the project highway is constructed with flexible pavement
or rigid pavement shall depend on the basis of major length of the project highway to be covered
with that type of pavement.
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified
in the clause 1.1.1 above. The assessment of actual costs, however, will have to be
made by the Bidders.
1.1.4 The Agreement sets forth the detailed terms and conditions for award of the project to
the Contractor, including the scope of the Contractor’s services and obligations.
1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the terms set
forth in this RFP and other documents to be provided by the Authority pursuant to this
RFP (collectively the "Bidding Documents"), and all BIDs shall be prepared and
submitted in accordance with such terms on or before the BID due date specified in
Data Sheet for submission of BIDs (the “BID Due Date”).
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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, the cost of BID/RFP document as
mentioned in Data Sheet through online facility provided by the IndusInd Bank to
the NHIDCL’s account. Copy of payment receipt (RTGS/NEFT) must be submitted
along with bid. For E-BGs, the IFSC code and name of the bank is given below::
Sr.No. Particulars Details

1. Name of Beneficiary MD-NHIDCL
2. Beneficiary Bank Account No. 90621010002610
Page 11 of 113
Canara Bank (erstwhile Syndicate Bank),

Beneficiary Bank Branch
3. Transport Bhawan, 1- Parliament Street, New
Name and Address
Delhi -110001
4. Beneficiary Bank Branch IFSC CNRB0019062
1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their
cost, such studies as may be required for submitting their respective BIDs for award of
the contract including implementation of the Project.
1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a
Bidder for implementing the Project (the "BID Price"). The total time allowed for
completion of construction under the Agreement (the “Construction Period”) and the
period during which the Contractor shall be liable for maintenance and rectification of
any defect or deficiency in the Project after completion of the Construction Period (the
“Defect Liability Period”) shall be pre-determined, and are specified in the RFP/Draft
Agreement forming part of the Bidding Documents.
In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the lowest
BID price.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Bidder
withdraws or is not selected for whatsoever reason except the reason mentioned in
Clause 2.1.12 (b) (4) & 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 the Data Sheet with identification/ title: "Queries /
Request for Additional Information: RFP for “Slope protection works for the work
of Construction of Four Lane Dimapur — Kohima Road from design km
152.490 to km 166.700 (Existing km 156.000 to km 172.900) Excluding
Dimapur & Kohima Bypass, in the state of Nagaland under SARDP-NE
through Engineering, Procurement and Construction (EPC) Contract
Basis”
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:
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(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 - Il 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.
1.2.11 A BID Security of Rs. 0.69 Crore (the "BID Security") in form of FD/DD/e-Bank
Guarantee (e-BG) or may be deposited through online facility provided by the
IndusInd Bank, 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.
1.3 Schedule of Bidding Process

The Authority shall endeavor to adhere to the Bidding Schedule given in Data Sheet.
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SECTION-2
INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1. General terms of Bidding
2.1.1 No Bidder shall submit more than one BID for the Project. A Bidder bidding individually
or as a member of a Joint Venture shall not be entitled to submit another BID either
individually or as a member of any Joint Venture, as the case may be.
2.1.2 An International Bidder bidding individually or as a member of a Joint Venture shall ensure
that Power of Attorney is apostille by appropriate authority and requirement of Indian
Stamp Act is duly fulfilled.
2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Agreement shall have overriding effect; provided, however, that any
conditions or obligations imposed on the Bidder hereunder shall continue to have effect in
addition to its obligations under the Agreement. Further, the statements and explanations
contained in this RFP are intended to provide a better understanding to the Bidders about
the subject matter of this RFP and should not be construed or interpreted as limiting in any
way or manner the scope of services and obligations of the Contractor set forth in the
Agreement or the Authority’s rights to amend, alter, change, supplement or clarify the
scope of work, the work to be awarded pursuant to this RFP or the terms thereof or herein
contained. Consequently, any omissions, conflicts or contradictions in the Bidding
Documents including this RFP are to be noted, interpreted and applied appropriately to
give effect to this intent, and no claims on that account shall be entertained by the
Authority.
2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e., Technical Bid as
per Appendix IA and Financial Bid as per Appendix IB. BID amount shall be indicated
clearly in both figures and words, in Indian Rupees in prescribed format of Financial Bid
and it will be signed by the Bidder’s 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 submit a Power of Attorney as per the format at Appendix-III,
authorising the signatory of the BID to commit the Bidder.
2.1.6 In case the Bidder is a Joint Venture, the Members thereof should furnish a Power of
Attorney in favour of the Lead Member in the format at Appendix-IV. And joint bidding
agreement in the format at Appendix-V
2.1.7 Any condition or qualification or any other stipulation contained in the BID shall render
the BID liable to rejection as a non-responsive BID.
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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 2 (Two);
(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 meet at least 60% requirement of Bid Capacity, Technical and
Financial Capacity, required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3. The nomination(s) shall
be supported by a Power of Attorney, as per the format at Appendix-III, signed by all the other
Members of the Joint Venture. Other Member(s) shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3 and
the JV as a whole shall cumulatively/collectively fulfill the 100% requirement;
(d) the Bid should include a brief description of the roles and responsibilities of individual
members, particularly with reference to financial, technical and defect liability obligations;
(e) the Lead Member shall itself undertake and perform at least 51(fifty-one) per cent of the
total Contract Amount of the Project Highway,
(f) members of the Joint Venture shall have entered into a binding Joint Bidding Agreement,
substantially in the form specified at Appendix V (the “Jt. Bidding Agreement”), for the purpose
of making the Application and submitting a Bid in the event of being pre-qualified. The Jt. Bidding
Agreement, to be submitted along with the Application, shall, inter alia:
i convey the commitment(s) of the Lead Member in accordance with this RFP, in
case the contract to undertake the Project is awarded to the Joint Venture; and clearly
outline the proposed roles & responsibilities, if any, of each member;
ii commit the approximate share of work to be undertaken by each member
conforming to sub-clause 2.1.11 (e) mentioned above;
iii include a statement to the effect that all members of the Joint Venture shall be liable
jointly and severally for all obligations of the Contractor in relation to the Project until the
Defect Liability Period is achieved in accordance with the EPC Contract; and
(g) Except as provided under this RFP, there shall not be any amendment to the Jt. Bidding
Agreement.
Page 15 of 113
(h) No Joint Venture up to Estimate Project Cost of Rs. 50 crore (Fifty Crore). 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.
(c) 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.
(d) 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.
(e) 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,
Page 16 of 113
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 party 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 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 Report issued by Quality Inspectors deployed by the Authority or Officers of
the Authority;
(vii) Fails to complete minor rectifications exceeding 3 instances in project as per time
given in non-conformity reports (NCR) in design/ completed works/ maintenance;
(viii) Fails to fulfill 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;
Page 17 of 113
(xi) Occurrence of minor failure of structures/ Highway due to construction defect

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

wherein no casualties are reported (causalities 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 Security within the permissible time period in more
than one project;
(xvii) Rated 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 work 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 works or cause delay in maintenance & repair/ overlay of the
project.
Note- The action to be taken against contractor against the above-mentioned type of
deficiency
*Note: 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.
The Bidder, including individual or each member of Joint Venture, shall give the list of the
projects of Expressways, National Highways, ISC and EI works of Ministry of Road
Transport & Highways or its implementing agencies (NHAI/ NHIDCL/State PWDs/BRO)
Page 18 of 113
and the status of above issues in each project as on the bid submission date and undertake
that they do not attract any of the above categories (Ref. Sr. No.6, Annex-I of Appendix –
IA).
The Bidder including individual or any of its Joint Venture Member may provide
(i) details of all their on-going projects along with updated stage of litigation, if so,
against the Authority / Governments;
(ii) details of updated on-going process of blacklisting if so, under any contract with
Authority / Government; and
(iii) details of all their on-going projects in the format at Annexure-VIII of Appendix
IA (Ref Clause 10.3 (iv) of Draft EPC Agreement).
The Authority reserves the right to reject an otherwise eligible Bidder on the basis of the
information provided under this clause 2.1.14. The decision of the Authority in this case
shall be final.
2.1.15 DELETED.
Explanation:
(i) An LOA issued for any project shall be counted as an on-going project
(ii) the awarded projects with financial progress less than 50% or milestone-2 delayed by
more than three months due to reasons attributable to the contractor, shall be counted
as on-going projects for the purpose of clause 2.1.15 above.
(iii) Projects having EPC cost of Rs. 25 Crores or less shall not be counted for this purpose,
(iv) In case of a company, the Related Parties means Related Parties as defined in the
Companies Act, 2013, and in case of a bidder other than a company, the Related Parties
means bodies in which the bidder or its partners are partner, trustee or directors in
other bodies whether incorporated or not.
To substantiate this, the bidder shall provide an undertaking giving list of all such
related parties and projects being executed by the Related Parties in NHIDCL.
A certificate in this regard from Statutory Auditor (with UDIN) shall also be provided
by the bidder.
For further clarification of point no (ii) above:
(a) Financial progress shall be considered from the Monthly progress report of preceding
month of Bid due date uploaded on NHIDCL website.
(b) Certification of completion of Milestone-II from concerned ED(P)/RO is mandatory.
The same shall be attached by the bidder in the bid documents.
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.
2.1.16 All Orders of Ministry of Finance/DPIIT/any other Government agencies, as applicable
and prevalent on the date of LOA, shall be applicable.
2.1.17 Entities of countries which have been identified by Ministry of Road Transport &
Highways as not allowing Indian companies to participate in their government
procurement in their government procurement for any item related to proposed provision.
2.1.18 Upon declaration of non-performer/debarred, the Contractor/Concessionaire will not be
able to participate in any bid for National Highways projects with MoRT&H or its
executing agencies till such time the debarment persists or the contractor/Concessionaire
is removed from the list of non-performers. 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 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.
2.1.19 In case any debarred/declared non-performer firms 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.
2.1.20 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/members
shall stand debarred for the entire period.
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 ₹ 50 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
Page 20 of 113
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 other’s 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
Page 21 of 113
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 (III) 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.
Page 22 of 113
V. The Selected Bidder/ Concessionaire 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 III 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-XII:
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 (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, i
f any, in respect of EPC Projects executed in any one year during the last five years (upda
ted to the price level of the year indicated in table at Note- 3 below) taking into account th
Page 23 of 113
e completed as well as works in progress. The EPC projects include turnkey project/ Ite
m rate contract/ Construction works.
B= Value (updated to the price level of the year indicated in table at Note-3 below) of exi
sting commitments, works for which the bidder has emerged as the winner of the bids or
ongoing works to be completed during the period of completion of the works for which B
ID 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 on the day before openin
g 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 (update
d 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 contr
actor has emerged as the winner of the bids as given by the bidder and ongoing works as
well as the stipulated period of completion remaining should be countersigned by the Clie
nt or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in res
pect of EPC Projects or concessionaire /Authorized signatory of the SPV in respect of BO
T projects and verified by the statutory auditor.
2. The amount of bonus received, if any, in EPC Projects should be countersigned by the Cl
ient or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in r
espect 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 1.00 1.05 1.10 1.15 1.20

factor
4. The bid capacity status of the bidder to be updated as on the day before opening the finan
cial 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. 52.02 Crore] (the “Threshold
Technical Capacity”).
(a) 5(five) years in case of normal highway projects and 10(Ten) years in case of stand alone
specified projects (Major) Bridges/ROB/Flyover/Tunnel)
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(b) This amount should be as follows:
(A) For normal highway projects
S. No. Estimated Project Cost (EPC) of the Project Threshold Technical

being invited Capacity
1. Estimated project cost <= 100 Crore 0.75 time of EPC
2. Estimated project cost > 100 Crore & <= 500 Crore 1.0 time of EPC
3. Estimated project cost > 500 Crore 1.0 time of EPC
(B) For stand-alone specialized projects (Major Bridges/ROB/Flyover/Tunnel)
S. No. Estimated Project Cost (EPC) of the Project Threshold Technical

being invited Capacity
1. Estimated project cost < 100 Crore 0.75 time of EPC
2. Estimated project cost > 100 Crore 1.0 time of EPC
3. Estimated project cost > 500 Crore & <= 1000 Crore1.0 time of EPC
4. Estimated project cost > 1000 Crore 1.0 time of the estimate
project cost or Rs.1000 crore,
whichever is less
5. Estimated project cost > 100 Crore of stand-alone 1.0 time of the estimate
specialize projects project cost or Rs.1000 crore,
whichever is less
(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. 13.87 Cr.]
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, if more than 90% of the value
of work has been completed value of work is equal to or more than 20% of the estimated
project cost. Eligible projects shall include the following:
(a) Widening/ reconstruction/up-gradation works on NH/SH/Expressway or on any

category of road taken up under CRF, ISC/EI, SARDP, LWE
(b) Widening/reconstruction/up-gradation on MDRs with loan assistance from
multilateral agencies or on BOT basis.
(c) Widening/reconstruction/up-gradation work 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/re-construction of railway yards for keeping containers etc) metro rail
and ports (including construction/re-construction of Jetties)
If any Major Bridge/ROB/Flyover/Tunnel is (are) part of the project, then the Bidder shall
necessarily demonstrate additional experience in construction of
Page 25 of 113
Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten) financial years preceding the Bid Due
Date i.e. shall have completed atleast one similar Bridge/ROB/Flyover/Tunnel of following
sizes:
(a) In case, longest span of bridge/ROB/flyover is less than or equal to 60m, no additional
qualification is required.
(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.
(c) in case of tunnel is a part of project having 200m, then no additional qualification is
required.
(d) When length of tunnel more than 200 m: 50% of the cross sectional area of proposed tunnel
or two lane highway tunnel cross-sectional area, whichever is less and 20% length of the
tunnel to be constructed in this project or 2 km, whichever is less. For the purpose of this
requirement, tunnel may have single/twin tubes for roads/railways/metro
rail/irrigation/hydroelectricity projects etc.
(iii) For Stand-alone specialized projects:
(a) Major Bridges/ROB/Flyovers projects:

(a1) In case the cost of specialized project is less than or equal to Rs. 1,000 Cr: The
sole Bidder shall have completed at least one similar Major Bridge/ ROB/ Flyover
project in the last 10 (Ten) financial years preceding the Bid Due Date, having span
equal to or greater than 50% of the longest span or 100 m, whichever is less of the
structure proposed in this project and also the cost of such similar project shall be
atleast 20% of the Estimated Project Cost. For this purpose, a project shall be
considered to be completed, if more than 90% of the value of work has been
completed and such completed value of work is equal to or more than 20% of the
Estimated Project Cost.
(a2) In case the cost of specialized project is more than Rs. 1,000 Cr: The Bidder
shall have completed at least one similar Major Bridge/ ROB/ Flyover project in the
last 10 (Ten) financial years preceding the Bid Due Date, having span equal to or
greater than 50% of the longest span of the structure proposed in this project or
100m, whichever is less, and also the cost of such similar project shall be atleast
20% of the Estimated Project Cost or ₹ 1000Cr. whichever is less. For this purpose,
a project shall be considered to be completed, if more than 90% of the value of work
has been completed and such completed value of work is equal to or more than 20%
of the Estimated Project Cost or ₹ 1000 Cr., whichever is less.
(b) Tunnel project:

The Sole Bidder or in case the Bidder being a Joint Venture, any member of JV shall have
completed atleast one tunnel project in the last 10 (Ten) financial years preceding the Bid
Due Date, consisting of single or twin tubes (including tunnel(s) for roads/Railway /Metro
rail/ irrigation/ hydro-electric projects etc.) having atleast 50% of the cross-sectional area
of the tunnel to be constructed or cross-sectional area of 2 lane highway tunnel, whichever
is less and 20% length of the tunnel to be constructed in this project or 2 km, whichever is
Page 26 of 113
less and the cost of such project shall be atleast 20% of the Estimated Project Cost or Rs.
1000 crore, whichever is less. For this purpose, a project shall be considered to be
completed, if more than 90% of the value of work has been completed and such completed
value of work is equal to or more than 20% of the Estimated Project Cost or ₹ 1000 Cr.,
whichever is less.
(c) Slope Protection works
The Sole Bidder or in case the Bidder being a Joint Venture, any member of JV shall have
completed at least one slope protection project in the last 5 (Five) financial years preceding
the Bid Due Date, consisting of standalone project of at least 50 % cost of the amount put
to tender of Rs. 78.82 Crores.
(iv) The updation factor to update the price of the eligible projects for the year indicated in
table below:
Year Year-1 Year-2 Year-3 Year-4 Year-5
Up-dation
1.00 1.05 1.10 1.15 1.20
factor
2.2.2.3 Financial Capacity:
(i) The Bidder shall have a minimum Net Worth (the “Financial Capacity”) of 5% (five
percent) of the Estimated Project Cost 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 15% (Fifteen percent) of the
Estimated Project Cost for the last 5 (five) financial years.
Year Year-1 Year-2 Year-3 Year-4 Year-5 Year-6*
Up-dation 1.00 1.05 1.10 1.15 1.20 1.25

factor
*In case, the audited annual financial statements/accounts for the year-1 are not available and
undertaking has been submitted duly endorsed by the statutory auditor is submitted then only year-
6 will be considered.
Note: The Statutory Auditor (SA) shall upload the information on UDIN portal and attach a copy
of the certificate downloaded from the portal indicating net worth and turn over for each
of the last five years.
2.2.2.4 In case of a Joint Venture:
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(i) The Bid Capacity, Technical Capacity and Financial Capacity of all the Members of Joint
Venture would be taken into account for satisfying the above conditions of eligibility.
Further, Lead Member shall meet at least 60% requirement of Bid Capacity, Technical and
Financial Capacity as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3 and each of other JV
members shall meet at least 20% requirement of Bid Capacity, Technical and Financial
Capacity individually as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3. For avoidance of doubt
it is further clarified that the Joint Venture must collectively and individually satisfy the
above qualification criteria i.e. JV shall cumulatively/collectively fulfill the 100%
requirement.
(ii) For requirement of 2.2.2.2 (ii) and (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 Clause 2.2.2.6 (i) 1
2 Project in core sector that qualify under Clause 2.2.2.6 (i) 0.75
3 Construction in highways sector that qualify under Clause 1
2.2.2.6 (ii)
4 Construction in core sector that qualify under Clause 2.2.2.6 (ii) 0.75
(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/reconstruction
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,
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pipelines, irrigation, water supply, sewerage, irrigation, water supply, stadium,

hospitals, hotel, smart city, warehouse/Silos, oil and gas and real estate development.
Core sector will also include the projects with the title RIDF, PMGSY road, link
road, city roads, rural road, sector/ municipality road, real estate projects which
demonstrate road development/construction bridges or culverts.
(iv) 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. 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.
(v) 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.
(vi) 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) &
2.2.2.2 (iii)]. However, such work shall be considered for single completed works [2.2.2.2
(ii)] in case of Maintenance works to be taken up on EPC mode.
(vii) In case both the estimated cost of project and revised cost of project are provided, the
revised cost of project shall be considered for evaluation.
2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:
(i) For a project to qualify as an Eligible Project under Categories 1 and 2:

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO, BOOT or other
similar basis for providing its output or services to a public sector entity or for providing
non-discriminatory access to users in pursuance of its charter, concession or contract, as
the case may be. For the avoidance of doubt, a project which constitutes a natural
monopoly such as an airport or port should normally be included in this category even if
it is not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company owning the Eligible
Project, a minimum of 26% (twenty six per cent) equity during the entire year for which
Eligible Experience is being claimed;
(c) the capital cost of the project should be more than 5% of the amount specified as the
Estimated Project Cost; and
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(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, during such 5 (five)
financial years shall qualify for purposes of computing the Experience Score. However,
receipts of or work executed amount less than 5% of the Estimated Project Cost shall not
be reckoned as receipts for Eligible Projects. For the avoidance of doubt, construction
works shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract / EPC contract for the project.
Further, the cost of land and also cost towards pre- construction activities (like shifting of
utilities etc.) shall not be included hereunder.
(iii) The Bidder shall quote experience in respect of a particular Eligible Project under any one
category only, even though the Bidder (either individually or along with a member of the
Joint Venture) may have played multiple roles in the cited project. Double counting for a
particular Eligible Project shall not be permitted in any form.
(iv) Experience for any activity relating to an Eligible Project shall not be claimed by two or
more Members of the Joint Venture. In other words, no double counting by a Joint Venture
in respect of the same experience shall be permitted in any manner whatsoever.
2.2.2.7 Submission in support of Technical Capacity
(i) The Bidder should furnish the details of Eligible Experience for the last 5 (five) financial
years immediately preceding the Bid Due Date.
(ii) The Bidder must provide the necessary information relating to Technical Capacity as per
format at Annex-II of Appendix-IA.
(iii) The Bidder should furnish the required Project-specific information and evidence in
support of its claim of Technical Capacity, as per format at Annex -IV of Appendix-IA.
2.2.2.8 Submission in support of Financial capacity
(i) The Technical Bid must be accompanied by the Audited Annual Reports of the Bidder (of
each Member in case of a Joint Venture) for the last 5 (five) financial years, preceding the
year in which the bid is submitted.
(ii) In case the annual accounts for the latest financial year are not audited and therefore the
Bidder cannot make it available, the Bidder shall give an undertaking to this effect and the
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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.
*
Note: 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.
2.3 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.
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2.4 Cost of Bidding

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

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

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

2.6.1 The Authority reserves the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP and the Bidder shall, when so required by
the Authority, make available all such information, evidence and documents as may be
necessary for such verification. Any such verification, or lack of such verification, by the
Authority shall not relieve the Bidder of its obligations or liabilities hereunder nor will it
affect any rights of the Authority thereunder.
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2.6.2 The Authority reserves the right to reject any BID 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 forfeit and appropriate the Bid Security or Performance
Security, as damages and/or to debar the Bidder/Selected Bidder/Contractor from
participating in the future projects of NHIDCL, for a period of one year, without prejudice
to any other right or remedy that may be available to the Authority under the Bidding
Documents and / or the Agreement, or otherwise.
2.6.4. A Bidder shall be liable for disqualification and forfeiture of BID Security, if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by the
Bidder, its Member or any Associate thereof, as the case may be, in any manner for matters
related to or incidental to such Project during the Bidding Process or subsequent to the (i)
issue of the LOA or (ii) execution of the Agreement. In the event any such adviser is
engaged by the selected Bidder or Contractor, as the case may be, after issue of the LOA
or execution of the Agreement for matters related or incidental to the project, then
notwithstanding anything to the contrary contained herein or in the LOA or the Agreement
and without Prejudice to any other right or remedy or the Authority, including the forfeiture
and appropriation of the BID Security or Performance Security, as the case may be, which
the Authority may have there under or otherwise, the LOA or the Agreement, as the case
may be, shall be liable to be terminated without the Authority being liable in any manner
whatsoever to the Selected Bidder or Contractor for the same. For the avoidance or doubt,
this disqualification shall not apply where such adviser was engaged by the Bidder, its
Member or Associate in the past but its assignment expired or was terminated 6 (six)
months prior to the date of issue of this RFP. Nor will this disqualification apply where
such adviser is engaged after a period of 3 (three) years from the date of commercial
operation of the Project.
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B. DOCUMENTS
2.7 Contents of the RFP
2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below, and
will additionally include any Addenda issued in accordance with Clause 2.9.
Part –I
Invitation for BIDs
Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of BIDs
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference
Section 6. Miscellaneous
Section 7 Data Sheet
Appendices
IA. Letter comprising the Technical BID including Annexure I to IX
IB. Letter comprising the Financial BID
II. Bid Securing Declaration
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. Format of BOQ
X. Format of Certificate of Net worth by Statutory Auditor.
XI. Format of Certificate of Turn Over by Statutory Auditor.
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. All the queries and its responses will be
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will be hosted on the GoI e-Tendering Portal (https://eprocure.gov.in/cppp) and NHIDCL

portal 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 official website www.nhidcl.com,
on the GoI e-Tendering Portal (https:// eprocure.gov.in/eprocure/app).
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 complete in all
respects and Bid Securing declaration, Copy of online receipt/ original Demand Draft
towards payment of cost of Bid document, POA and Joint Bidding Agreement etc. are
received in hard copies.
2.10.2 The BID shall be typed and signed in indelible blue ink by the authorised signatory of the
Bidder. All the alterations, omissions, additions or any other amendments made to the BID
shall be initialed by the person(s) signing the BID.
2.11 Documents comprising Technical and Financial BID
2.11.1 The Bidder shall first upload all the project details, net worth details, turnover details, bridge
and tunnel details and all other details required in this RFP for technical qualification. The
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Bidder shall ensure that all the details are updated as on the due date of submission of this
bid.
The Bidder shall then apply for the RFP on the CPPP website https://
eprocure.gov.in/eprocure/app by submitting the documents mentioned below along with
the supporting documents which shall comprise of the Technical BID on the CPPP portal:
Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-VI and
supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the
format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(e) Deleted
(f) BID Security of Rs. 0.69 Crore, if in the form of FD/DD/e-BG from a Scheduled
Bank (to be submitted physically as well) or may be deposited through online
facility provided by the IndusInd Bank;
(g) Copy of Online receipt towards payment of cost of BID/RFP document of
required amount as mentioned in the Datasheet;
(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No.
RW/NH37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any, issued by MoRT&H (Appendix-VI) regarding Integrity Pact
(IP) and the Integrity Pact (IP) duly signed by Authorised signatory shall be
submitted by the Bidder with the RFP Bid & shall be part of the Contract
Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b) above
that they agree and abide by the Bid documents uploaded by NHIDCL and
amendments uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project works
(Ref Clause 10.3 (iv) of Document for EPC Agreement).
(l) Copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture) for preceding 5 years.
(n) Copy of originals of experience certificate apostille 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.
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Financial Bid
(p) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online along
with Technical Bid to be submitted online on GoI e-tendering portal
(https://eprocure.gov.in/cppp) on or before Schedule time given in Data Sheet (The
format of BOQ is attached as Appendix-XII).
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 Bidder shall submit the following documents physically by date and time given in
Data Sheet:
(a) Original Power of Attorney for signing the BID as per format at Appendix-III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as
per the format at Appendix-IV;
(c) if applicable, Original Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
(d) Original BID Securing Declaration in the format at Appendix-II;
(e) Copy of online receipt / original Demand Draft towards payment of cost of
Bid/RFP document of required amount mentioned in the Datasheet;
(f) Deleted;
(g) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any issued by MoRT&H (Appendix-VI) regarding Integrity Pact
(IP) and the Original 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
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(h) An undertaking from the person having PoA referred to in Sub. Clause-(a) above
that they agree and abide by the Bid documents uploaded by NHIDCL and
Addenda uploaded, if any;
(i) originals of experience certificate apostile at foreign origin, if any
(j) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the General
Financial Rules (GFRs) as per format given in Appendix-XII shall be submitted by
the Bidder with the RFP Bid duly signed by Authorised signatory & shall be part of
the Contract Agreement.
2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall be sealed.
The envelope shall clearly bear the identification “Slope protection works for the work
of Construction of Four Lane Dimapur — Kohima Road from design km 152.490
to km 166.700 (Existing km 156.000 to km 172.900) Excluding Dimapur &
Kohima Bypass, in the state of Nagaland under SARDP-NE through
Engineering, Procurement and Construction (EPC) Contract Basis ”and shall
clearly indicate the name and address of the Bidder. In addition, the BID Due Date should
be indicated on the right hand top corner of the envelope.
2.11.4 The envelope shall be addressed to the officer designated whose Name and Address is given
in the Data Sheet.
2.11.5 If the envelope is not sealed and marked as instructed above, the Authority assumes no
responsibility for the misplacement or premature opening of the contents of the BID
submitted and consequent losses, if any, suffered by the Bidder.
2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained and shall be
summarily rejected.
2.12 BID Due Date

BID comprising of the documents listed at clause 2.11.1 of the RFP shall be submitted
online through e-procurement CPPP website https:// eprocure.gov.in/eprocure/app on or
before the deadline given in the Data Sheet. Documents listed at clause 2.11.2 of the RFP
shall be physically submitted on or before the deadline & Address given in the Data
Sheet in the manner and form as detailed in this RFP. A receipt thereof should be obtained
from the person specified at Clause 2.11.4.
2.13 Late BIDs

E-procurement portal CPPP website https://eprocure.gov.in/eprocure/app shall not allow
submission of any Bid after the prescribed date and time given in the Data Sheet. Physical
receipt of documents listed at clause 2.11.2 of the RFP after the prescribed date and time
given in the Data Sheet shall not be considered and the bid shall be summarily rejected.
2.14 Procedure for e-tendering
2.14.1 Accessing/ Purchasing of BID documents
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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 NHIDCL.
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://
eprocure.gov.in/eprocure/app to have user ID & password which has to be obtained
free of cost. Following may kindly be noted:
(a) Registration with e-procurement portal should be valid at least up to the date of
submission of BID.
(b) BIDs can be submitted only during the validity of registration.
It is also mandatory for the Bidders to get their firms registered with e-tendering portal.
The Bidders shall update their project and other details on the portal on a regular basis and
apply to the tenders via the portal.
2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service provider,
and validity of registration is not expired, then the firm / Joint Venture is not
required a fresh registration.
2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal https:// eprocure.gov.in/eprocure/app and https://nhidcl.com
2.14.1.5 Deleted
2.14.2 Preparation & Submission of BIDs:
2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement are also available on e-
procurement portal.
2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different
files (in PDF or RAR format such that file size is not more than 30 MB) and
uploaded during the on-line submission of BID.
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2.14.2.3 Bid must be submitted online only through e-procurement portal https://
eprocure.gov.in/eprocure/app using the digital signature of authorised
representative of the Bidder on or before the deadline given in the Data Sheet.
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 NHIDCL shall on-line open Technical BIDs on date and time given in Data
Sheet, in the presence of the authorized representatives of the Bidders, who choose
to attend. Technical BID of only those Bidders shall be online opened whose
documents listed at clause 2.11.2 of the RFP have been physically received. The
NHIDCL 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.
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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:
The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.10
herein above in the form of FD/DD/e-Bank Guarantee (e-BG) issued by nationalized
bank, or a Scheduled Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one
thousand crore), in favour of the Authority in the format at Appendix-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 bidder may also deposit the bid security fee through online facility
provided by the IndusInd Bank. The Authority reserves the right to add or remove any
of names bank on which BG shall be accepted based on advisories from the Govt./RBI.
The BGs issued by ‘Foreign Banks’ and Banks not mentioned in the given list shall not
be accepted.
List of Scheduled Public Sector List of Private Sector Banks

Banks
1. Bank of Baroda 1. Axis Bank Ltd.
2. Bank of India 2. Bandhan Bank Ltd.
3. Bank of Maharashtra 3. CSB Bank Ltd.
4. Canara Bank 4. City Union Bank Ltd.
5. Central Bank of India 5. DCB Bank Ltd.
6. Indian Bank 6. Federal Bank Ltd.
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7. Indian Overseas Bank 7. HDFC Bank Ltd.

8. Punjab National Bank 8. ICICI Bank Ltd.
9. Punjab & Sind Bank 9. IndusInd Bank Ltd.
10. State Bank of India 10. IDFC First Bank Ltd.
11. UCO Bank 11. Jammu & Kashmir Bank Ltd.
12. Union Bank of India 12. Karnataka Bank Ltd.
13. Karur Vysya Bank Ltd.
14. Kotak Mahindra Bank Ltd.
15. RBL Bank Ltd.
16. South Indian Bank Ltd.
17. Tamilnadu Mercantile Bank Ltd.
18. YES Bank Ltd.
19. IDBI Bank Ltd.
List of Scheduled Small Finance Banks

• Au Small Finance Bank Limited
• Equitas Small Finance Bank Limited
• Suryoday Small Finance Bank Limited
• Ujjivan Small Finance Bank Limited
• Utkarsh Small Finance Bank Limited
• ESAF Small Finance Bank Limited
• Jana Small Finance Bank Limited
2.20.1 Any BID not accompanied by the BID Security shall be summarily rejected by
the Authority as non-responsive.
2.20.2 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.
2.20.3 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.
2.20.4 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, or otherwise, 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
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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 by
Authority -
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 an irrevocable and unconditional e-Bank Guarantee only 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. In case of bids mentioned below, the Selected Bidder, along with the Performance
Security, shall also furnish to the Authority an irrevocable and unconditional e-Bank Guarantee
only 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 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) This "Additional Performance Security") shall be treated as part of 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
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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. Bid security shall be encashed and the
proceeds thereof appropriate by the Authority Thereupon all rights, privileges, claims and
entitlements of the Contractor under or arising out of the Award shall be deemed to have
been waived by, and to have ceased with the concurrence of the Contractor, and the Award
shall be deemed to have been withdrawn by the Authority.
2.22 The agreement will be executed within 10 days of receipt of 50% Performance Security
and 50% of Additional Performance Security, if any, as per sub-clause 2.21 above.
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SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF
FINANCIAL BIDS
3.1 Evaluation of Technical Bids
3.1.1 The Authority shall open the BIDs received at date, time & place given in Data Sheet, 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, IV, V and VI(Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically;
(c) Technical Bid is accompanied by the BID Security as specified in Clause 1.2.4
and 2.20;
(d) The Power of Attorney is uploaded on e-procurement portal as specified in
Clauses 2.1.5;
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(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint
Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if so
required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of online receipt towards payment of cost of Bid document/RFP of required
amount (as mentioned in Datasheet) is received.
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 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.
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(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.
‘Margin of purchase preference’ means the maximum extent to which the price
quoted by a ‘Class - I local supplier’ may be above the L1 for the purpose of
purchase preference. The margin of purchase preference shall be 20%.
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, may withdraw the LOA
and debar the selected bidder from participating in the future projects of NHIDCL for a
period of One year, 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 given in Data Sheet. The Selected Bidder shall not be entitled to seek
any deviation, modification or amendment in the Agreement.
3.3.6 Deleted.
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
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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.
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SECTION-4
FRAUD AND CORRUPT PRACTICES
4.1 The Bidders and their respective officers, employees, agents and advisers shall observe the
highest standard of ethics during the Bidding Process and subsequent to the issue of the
LOA and during the subsistence of the Agreement. Notwithstanding anything to the
contrary contained herein, or in the LOA or the Agreement, the Authority may reject a
BID, withdraw the LOA, or terminate the Agreement, as the case may be, without being
liable in any manner whatsoever to the Bidder, if it determines that the Bidder, directly or
indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice in the Bidding Process. In such an
event, the Authority shall be entitled to debar the Selected Bidder from participating in the
future projects of NHIDCL for a period of One year and forfeit & appropriate the
Performance Security, 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 1 (one) year 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,
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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.
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Re-award of construction of two lane with paved shoulder of Kohima-Bypass Road
connecting NH-39 (New NH-02), NH-150(New NH-02), NH-61(New NH-29) and NH-39
(New NH-02) from Design Km 0.00 to design Km 10.500 [Design Length – 10.500 Km] 2022
in the stateof Nagaland Under SARDP-NE on EPC Mode (Package I)
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.
Request for Proposal
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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.
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SECTION-7
DATA SHEET
(As Mentioned in RFP)
1 Bidding Schedule (Refer Clauses 1.1.5, 1.3, 2.11.4(i), 2.12, 2.13, 2.14.2.3, 2.15.2 &
3.1.1)
Date
Sl. No. Event Description
1. Invitation of RFP (NIT) [25.05.2023]
2. Last date for receiving queries [15.06.2023]at 1100 hrs
3. Pre-BID meeting [16.06.2023] at1500 Hrs
4. Authority response to queries latest by [20.06.2023]
5. Last date of Request for BID Document [10.07.2023]at 1100 HRS
6 BID Due Date [10.07.2023] up to 1100 hrs]
7. Physical Submission of Bid [Upto 11:00 hrs IST on the date
Documents/POA etc. of technical opening
8. Opening of Technical BIDs at venue 2.11.4 [11.07.2023 up to 1130 hrs]
(i)
9. Declaration of eligible / qualified BiddersThe dates will be hosted on the
10. Opening of Financial BID GOI
11. Letter of Acceptance (LOA) e-tendering Portal
12. Return of signed duplicate copy of LOA http://eprocure.gov.in/cppp) and
NHIDCL portal
13. Validity of BID [120 days from BID Due Date]
14. Submission of Performance Security (PS) Within 30 days of receipt of
and Additional Performance Security (APS), LOA. (The bidder has the
if any option to provide 50% of PS
and APS, if any within 30 days
of receipt of LOA and the
remaining PS and APS, if any to
be provided within 30 days of
signing of agreement).
15. Signing of Agreement Within 10 days from the
receipt of 50% of Performance
Security and 50% of
Additional Performance
Security, if any
2. Cost of BID/RFP document : 11,800/-

(Refer Clauses No. 1.2.4)
3. Officer Designated (Refer Clauses No. 1.2.9 & 2.11.4):
Name : A. K. Jha
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Designation : General Manager (Tech)

Address : 3rd floor, PTI Building, 4-Parliament Street, New
Delhi.
Phone : +91-11-23461672
e-mail : (([email protected])
4 Threshold Technical Capacity : Rs 69.36 Crore

(Refer Clause 2.2.2.2(i))
5 Data/Details for similar work (Technical : Rs. 13.87 Cr

Capacity) (Refer Clause No. 2.2.2.2
5.1 Definition : (2.2.2.2(ii))
a. Estimated Project Cost (Excl. GST) : Rs 69.36 Crore
b. Tunnel/Major Bridge (if any) : NA
(i) Cross-sectional Area of proposed : NA
Tunnel (in case of Tunnel)
(ii) Length of Tunnel to be constructed : NA
(iii) Longest Span of Major Bridge/ ROB :
NA
/Flyover to be constructed
c. Slope Protection works : 39.41
6 Performance Security (Refer Clause No. : Equal to 3% (three percent) of its Bid
2.21.1) Price.
Sr. Year Up-dation Financial
No No. factor Year
1 Year 1.00 FY 2021-
1 2022
2 Year 1.05 FY 2020-
2 2021
3 Year 1.10 FY 2019-
7. Financial Years : 2020
3
4 Year 1.15 FY 2018-
4 2019
5 Year 1.20 FY 2017-
5 2018
Note: In case of more no. of years the up
gradation factor will increase by 5%.
8. Bid Security RS. 0.69 Cr.
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Guidance Note
Note 1 : The cost of Bid/RFP document may be determined at the rate of Rs. 10,000 for every
Rs. 100 crore or part thereof comprising the Estimated Project Cost. Thus the cost of
an RFP document for a project of Rs. 200 crore shall be Rs. 20,000. GST @18% must
be added in the Bid/RFP document cost.
Note 2 : The Threshold Technical Capacity amount should be as follows:
As Estimated Project Cost (EPC) of the Project being

Threshold Technical Capacity
invited
1 Estimated Project Cost< = 100 Crore 0.75 time of Estimated Project Cost
2 Estimated Project Cost> 100 Crore &< = 500
1.0 time of Estimated Project Cost
Crore
3 Estimated Project Cost> 500 Crore &< = 1000
1.0 times of Estimated Project Cost
Crore project
4. Estimated Project Cost> = 1000 Crore project 1.0 times of Estimated Project Cost or
Rs. 1000 crore, whichever is less.
5. Estimated Project Cost> 1000 Crore of standalone 1.0 times of Estimated Project Cost or
specialized projects Rs. 1000 crore, whichever is less.
Note 3: While extending the BID Due Date on account of an addendum, the Authority shall
have due regard for the time required by Bidders to address the amendments specified
therein. In the case of significant amendments, at least 15(fifteen) days shall be
provided between the date of amendment and the BID Due Date, and in the case of
minor amendments, at least 7 (seven) days shall be provided.
Page 55 of 113
APPENDIX -IA
IA LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)
The General Manager (Tech),

3rd Floor, PTI Building, 4- Parliament Street,
New Delhi - 110001
Sub: BID for “[………..Name of the Work……….]”.
Dear Sir,
With reference to your RFP document dated xx/xx/2020, 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
Page 56 of 113
(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.
Page 57 of 113
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 for
thin the Agreement, we shall have no claim, right or title arising out of any documents
or information provided to us by the Authority or in respect of any matter arising out
of or relating to the Bidding Process including the award of Agreement.
20. I/ We submit a BID Securing Declaration to the Authority in accordance with the RFP
Document.
21. The BID Securing Declaration in the prescribed format as per Appendix-II is attached.
22. The documents accompanying the Technical BID, as specified in Clause 2.11.1 of the
RFP, have been submitted in separate files.
23. I/ We agree and understand that the BID is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the
Project / Contract is not awarded to me/us or our BID is not opened or rejected.
Page 58 of 113
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 Authorized 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
Page 59 of 113
LETTER COMPRISING THE FINANCIAL BID

(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
The General Manager (Tech),
3rd Floor, PTI Building, 4- Parliament Street,
New Delhi - 110001
Sub: BID for “[………..Name of the Work……….]”.
Dear Sir,
With reference to your RFP document dated xx/xx/2020, 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 mentioned in the Financial Bid
submitted online for undertaking the aforesaid Project in accordance with the Bidding
Documents and the Agreement.
Yours faithfully,
Page 60 of 113
Date: (Signature, name and designation of the

Place: Authorized Signatory)
Name & seal of Bidder/Lead Member:..........
Class III DSC ID of Authorized Sig
natory:.............
Page 61 of 113
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* {Refer Share of work in the
Clause 2.1.11(d)}$ Project{Refer Clauses 2.1.11(a),
(f) & (g)}
1.
2.
Page 62 of 113
* The role of each Member, as may be determined by the Applicant, should be indicated in
accordance with instruction 4 at Annex-IV.
(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:

Page 63 of 113
Sr. Name of
No. Categories of Non-Performer the
projects(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 4- 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 (0TH) 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.
Page 64 of 113
(xi) Occurrence of minor failure of structures/highway due to

due to
construction defect wherein no causalities are reported (causalities
include injuries to human being / animals)..
(xii) Occurrence of major failure of structures/highway due to due to
construction defect wherein no casualties are reported (causalities
include injuries to human being / animals).
(xiii) Occurrence of major failure of structures/highway due to 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 Security within the permissible time
period in more than one project.
(xvii) Rated as an unsatisfactory performing entity/ non-performing entity by

an independent third-party agency and so notified on the website of the
Authority.
(xvii) Failed to perform for the works of Expressways, National Highways,
ISC ft El works in the last 2 (two) years, as evidenced by imposition
Of a penalty by an arbitral judicial authority or a by imposition of a
penalty by an 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 works or causes 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)
Page 65 of 113
For and on behalf of……………………………………..
Page 66 of 113
Slope protection works for the work of Construction of Four Lane Dimapur — Kohima Road
from design km 152.490 to km 166.700 (Existing km 156.000 to km 172.900) Excluding
May-2023]
Dimapur & Kohima Bypass, in the state of Nagaland under SARDP-NE through
Engineering, Procurement and Construction (EPC) Contract Basis
Appendix -IA
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 type Proj Cate- Experience** (Equivalent Rs. crore)$$ Technica
ect gory$ Payments received for Value of self- l
Code construction of construction in Experien
* Eligible Eligible Projects in ce£
Projects in Categories Categories 1 and 2
3&4
(1) (2) (3) (4) (5) (6)
Single entity Bidder or a
Lead Member including b
other members of the c
Joint Venture f
Aggregate Technical Experience =
@
Provide details of only those projects that have been undertaken by the Applicant, or its Lead
member including members in case of joint venture, under its own name separately and/ or by
a project company eligible under Clause 2.2.2.6(i)(b). In case of Categories 1 and 2, include
only those projects which have an estimated capital cost exceeding the amount specified in
Clause 2.2.2.6(i)(c) and for Categories 3 and 4, include only those projects where the payments
received exceed the amount specified in Clause 2.2.2.6(ii). In case the Bid Due Date falls
within 3 (three) months of the close of the latest financial year, refer to Clause 2.1.13.
* Refer Annex-IV of this Appendix-I. Add more rows if necessary.
$
Refer Clause 2.2.2.5(i)
** Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project. In no
case shall the cost of maintenance and repair, operation of Highways and land be included
while computing the Experience Score of an Eligible Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)14 to
a US Dollar.
£
. In the case of an Eligible Project situated in an OECD country, the Experience Score so
arrived at shall be further multiplied by 0.5, in accordance with the provisions of Clause
2.2.2.5(ii) and the product thereof shall be the Experience Score for such Eligible Projects.
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).

Page 67 of 107
14The conversion rate of USD into Rupees shall be the daily representative exchange rates
published by the Reserve Bank of India for the relevant date. Where relevant date should be
as on the date 28 (twenty eight) days prior to the Application Due Date.
Page 68 of 113
Appendix -IA
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 Year 5 Year 1
4
Single entity Bidder or Lead
Member including other members
of the Joint Venture
TOTAL
Bidder Annual Turnover Average

type Annual
Year 1 Year 2 Year 3 Year 4 Year 5 Turnover
(Rs. Updati (Rs. Updati (Rs. Updati (Rs. Updati (Rs. Updati (In Rs.
) on ) on ) on ) on ) on crore$)
factor factor factor factor factor
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+
6x
7+8x9+10x
11
)/5
Single 1.00 1.05 1.10 1.15 1.20
entity
Bidder
or
Lead
Membe
r
includi
ng
other
membe
rs of
the
Joint
Venture
Name & address of Bidder’s Bankers:
Page 69 of 113
$
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 the certificate of Turn Over and Net Worth issued by Statutory
Auditor as per the format given below:
(a) reflect the financial situation of the Bidder;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no statements
for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.
3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure and
miscellaneous expenditure not written off, as per the audited balance sheet, but does not
include reserves created out of revaluation of assets, write-back of depreciation and
amalgamation.
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 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.
8. Format for Certificate of Net Worth by Statutory Auditor (Format Attached as

Appendix-X).
9. Format for Certificate of Turn Over by Statutory Auditor (Format Attached as

Appendix-XI).
Page 70 of 113
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 of 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.
Page 71 of 113
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 with the details whether the work was
executed as main contractor or sub-contractor. In case the work has been executed as
a sub-contractor of the main contractor, approval of the Authority must be submitted
alongwith the bid.
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:
Sr. Financial Amount received Amount received from (name
No. Year in Rs. of the firm & TAN no.)
Name of the audit firm:
Page 72 of 113
Seal of the audit firm: (Signature, name and designation

Date: of the authorised signatory)
$ In case duly certified audited annual financial statements containing the requisite
details are provided, a separate certification by statutory auditors would not be necessary.
£ Refer Clause 2.2.2.5 of the RFP.
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate,
if necessary. Statutory auditor means the entity that audits and certifies the annual
accounts of the company.
€ Refer instruction no. 10 in this Annex-IV.
¥ In case the project is owned by the Applicant company, this language may be suitably
modified to read: “It is certified that …………….. (name of Applicant) constructed and/
or owned the……….(name of project) from….. (date) to………….(date).”
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 in the
format below:
Page 73 of 113
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 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 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:
Sr. Financial Year Amount received in Amount received from
No. Rs. (name of the firm & TAN
no.)
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.
16. To satisfy the qualification requirement under clause 2.2.2.2 (ii) & (iii), the bidder is
required to submit a certificate from project owning department/corporations signed
by Officer not below the level of Executive Engineer or equivalent.

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 or as authorize sub-contractor. This
portion may be omitted if the contract did not involve a partnership/ joint venture or
authorize sub-contractor. In case where work is not executed by partnership/ joint
venture or authorize sub-contractor, this paragraph may be deleted.
Page 74 of 113
In case of unauthorized sub-contractor proof of authorize sub-contracting has to be

submitted
Page 75 of 113
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,
The General Manager (T),
3rd Floor, PTI Building, Parliament Street,
New Delhi - 110001
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
Page 76 of 113
Annex-VI
Annex-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 Crore) (Rs. In Crore)
any (Rs. in Crore)
1 Year 1
2 Year 2
3 Year 3
4 Year 4
5 Year 5
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. Crore (Rupees ).
Further, value updated to the price level of the year indicated in Appendix is as follows:
Rs. Crore x (Updation Factor as per Appendix) = Rs. Crore
(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):
5.
Sr. F.Y. / Calendar Amount of Updation Updated Amount of
No. Year Bonus (Rs. in Factor Bonus (Rs. in Crore)
Crore)
1 Year 1 1.00
2 Year 2 1.05
3 Year 3 1.10
4 Year 4 1.15
5 Year 5 1.20
Total (C)=
Page 77 of 113
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of
Seal of the audit firm: (Signature, name Authorised
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 ** years is as follows:
Sl. Nam Percenta Dater Constr Value of Value Balanc Anticipa Balance
No e of ge of of uction contract of e value ted date value of
. Proje participat start / period as per work of of work at
ct/ ion of appoin as per Agreeme complet work complet 2019-
Wor Bidder in ted Agree ntRs. in edRs. in to
Rs.bein ion 20/2019
Rs. in
k the date of ment/ /LOA  Crore Crore
comple Crorelevel
price
Crore
project project LOA ted
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x
#)
# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 Year 1 1.00
2 Year 2 1.05
3 Year 3 1.10
4 Year 4 1.15
5 Year 5 1.20
The Statement showing the value of all existing commitments, anticipated value of work to be
completed in the period of construction of the project for which bid is invited and ongoing
works as well as the stipulated period of completion remaining for each of the works mentioned
above is verified from the certificate issued that has been countersigned by the Client or its
Engineer- in-charge not below the rank of Executive Engineer or equivalent inrespect of EPC
Projects or Concessionaire / Authorised Signatory of SPV in respect of BOT Projects. No
awarded / ongoing works Place: 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.
 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.
Page 78 of 113
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation Name of the Statutory Auditor’s firm:
of Authorised Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
For and on behalf of ........................ authorised signatory)
(Name of the Bidder)
Date:
Place:
Page 79 of 113
Appendix -IA
Annex-VII
Annex-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. Dated 13th
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.
Page 80 of 113
(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
Page 81 of 113
Appendix -IA
Annex-VIII
Annex-VIII
Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC

Agreement)
Sr. Name of Contract Appointed Original Likely Date Reason

No. the Price Date Scheduled of for
work (INR Cr) Completion Completion Delay#
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:
Page 82 of 113
Appendix -IA
Annex-IX
Annex-IX
Details of Ongoing & Awarded (for which LOA has been issued) works in NHIDCL
(Ref Clause 2.1.15 of Section-2 of RFP)
Contract Date of Original

Name Price issuance Appointed Scheduled Progress Likely date
Sr.
of the of LOA as on of
No. (Rs. Date completion
work Date Completion
Crore) date
1.
2.
3.
…….
I/We certify that all the information furnished above is true in all respects.
Name of the Bidder:

Signature of the Authorised Signatory:
Name of the Authorised Signatory:
Date:
Place:
Page 83 of 113
APPENDIX – II
Bank Guarantee for BID Security

(Refer Clauses 2.20)
B.G. No. Dated:
1. In consideration of you, ***, (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*** ** Project on EPC basis
(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 1.2.10 read with Clause 2.20 of the RFP Document, irrevocably,
unconditionally and without reservation guarantee the due and faithful fulfillment
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. *** ** (Rupees *** ** 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. *** **(Rupees
*** ** 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.
Page 84 of 113
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. *** crore (Rupees *** ** crore 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 at New Delhi, from
whom, confirmation regarding the issue of this guarantee or extension / renewal thereof shall
Page 85 of 113
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 NHIDCL The details of which is as under:
S. Particulars Details
No.
1 Name of Beneficiary National Highways & Infrastructure
Development Corporation Limited
2 Beneficiary Bank Account 90621010002659
No.
3 Beneficiary Bank Branch CNRB0019062
IFSC
4 Beneficiary Bank Branch Transport Bhawan, New Delhi
Name
5 Beneficiary Bank Address Canara Bank (erstwhile Syndicate Bank)
Transport Bhawan, 1st Parliament Street, New
Delhi-110001
Signed and delivered by ………………………. Bank

By the hand of Mr./Ms ……………………., its ………………….. and authorised official.
(Signature of the Authorised Signatory)
(Official-Seal)
Page 86 of 113
APPENDIX-III
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 ( Name ) and presently residing at (Address), who is presently
employed with us/ the Lead Member of our Joint Venture and holding the position
of (Designation), 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 Project proposed or being
developed by the National Highways & Infrastructure Development Corporation Ltd. (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:………………
Page 87 of 113
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.
Page 88 of 113
APPENDIX-IV
FORMAT FOR POWER OF ATTORNEY FOR LEAD MEMBER OF JOINT

VENTURE
Whereas the National Highways & Infrastructure Development Corporation Ltd. (“the
Authority”) has invited BIDs for the “[………..Name of the Work……….]”(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.
Page 89 of 113
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ……….
2020
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.
Page 90 of 113
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
…………2020
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 successors and permitted assigns)
The above mentioned parties of the FIRST, {SECOND} PART are collectively referred to as
the “Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) NATIONAL HIGHWAYS & INFRASTRUCTURE DEVELOPMENT

CORPORATION LTD., established under the Company Act, represented by its
Managing Director and having its principal office at 3rd Floor, PTI Building, 4-
Parliament Street, New Delhi-110001 (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 “[………..Name of the Work……….]” (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:
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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:
Page 92 of 113
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
Page 93 of 113
(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 or the work not awarded to JV, as the case
may be.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE
WRITTEN.SIGNED, SEALED AND DELIVERED
For and on behalf of
LEAD MEMBER by: SECOND PART THIRD PART

(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address) In the presence of:
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance
with the procedure, if any, laid down by the Applicable Law and the charter documents
of the executant(s) and when it is so required, the same should be under common seal
affixed in accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter
documents and documents such as resolution / power of attorney in favour of the person
executing this Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member.
Page 94 of 113
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.
Page 95 of 113
APPENDIX VI
INTEGRITY PACT FORMAT
(To be executed on plain paper and submitted alongwith Technical Bid/Tender documents for
tenders having a value of Rs. 5 cr or above for Consultancy projects and 100 cr. or above for
Construction projects. To be signed by the Bidder and same signatory competent/ authorized
to sign the relevant contract on behalf of the NHIDCL)
This integrity Pact is made at on this day of 2020.

BETWEEN
[President of India through NATIONAL HIGHWAYS & INFRASTRUCTURE
DEVELOPMENT CORPORATION LTD., established under the Companies Act, 2013,
represented by its Managing Director and having its principal office at 3rd Floor, PTI Building,
4-Parliament Street, New Delhi-110001], (hereinafter referred to as the “Principal/Owner”
which expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.)
Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd…………} (hereinafter
referred to as “Tender/Bid”) and intends to award, under laid down organizational procedure,
contract/s for {Name of the work} (hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the land, rules of
land, regulations, economic use of resources and of fairness/ transparency in its relations with
its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties. Now, therefore, in consideration of mutual covenants contained in this
pact, the parties hereby agree as follows and this pact witnesses as under:
Article-1: Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and
to observe the following principles:-
(a) No employee of the Principal, personally or through family members, will in
connection with the Tender for, or the execution of a Contract, demand, take a
promise for or accept, for self, or third person, any material of immaterial
benefit which the person is not legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the Tender process,
provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential/ additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the contract
execution.
Page 96 of 113
(c) The Principal will exclude all known prejudiced persons from the process,
whose conduct in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.
Article – 2: Commitments of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit
himself to take all measures necessary to prevent corruption. He commits himself to
observe the following
principles during his participation in the tender process and during the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or
through any other person or firm, offer, promise or give to any of the Principal’s
employees involved in the tender process or the execution of the contract or to any third
person any material or other benefit which he/she is not legally entitled to, in order to
obtain in exchange any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other
Bidders into any undisclosed agreement or understanding, whether formal or informal.
This applies in particular to prices, specifications, certifications, subsidiary contract,
submission or nonsubmission or bids or any other actions to restrict competitiveness or
to introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding plans,
technical proposals and business details, including information contained or transmitted
electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ Representatives in India, if any. Similarly,
the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian Nationality
shall furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting
his bid, disclose any and all payments he has made, is committed to or intends to make
to agents, brokers or any other intermediaries in connection with the award of the
contract. He shall also disclose the details of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third
persons to commit offences outlined above or be an accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any
outside influence through any Govt. bodies/quarters directly or indirectly on the bidding
process in furtherance of his bid.
Article - 3 Disqualification from tender process and exclusion from future contracts.
Page 97 of 113
(1) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s), before award or

during execution has committed a transgression through a violation of any provision of
Article- 2, above or in any other form such as to put his reliability or credibility in
question, the Principal is entitled to disqualify the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) from the tender process.
(2) If the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) has committed a
transgression through a violation of Article-2 such as to put his reliability or credibility
into question, the Principal shall be entitled to exclude including blacklist and put on
holiday the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) for any future
tenders/ contract award process. The imposition and duration of the exclusion will be
determined by the severity of the transgression. The severity will be determined by the
Principal taking into consideration the full facts and circumstances of each case
particularly taking into account the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) and the amount of the damage. The exclusion will be
imposed for a maximum of 3 years.
(3) A transgression is considered to have occurred if the Principal after due consideration
of the available evidence concludes that “On the basis of facts available there are no
material doubts”.
(4) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) with its free consent and
without any influence agrees and undertakes to respect and uphold the Principal’s
absolute rights to resort to and impose such exclusion and further accepts and
undertakes not to challenge or question such exclusion on any ground, including the
lack of any hearing before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal advice.
(5) The decision of the Principal to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s)shall be final and binding on the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s), however, the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) can approach IEM(s) appointed for the purpose of
this Pact.
(6) On occurrence of any sanctions/ disqualification etc arising out from violation of
integrity pact, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) shall not
be entitled for any compensation on this account.
(7) Subject to full satisfaction of the Principal, the exclusion of the Bidder(s)/ Contractor(s)/
Concessionaire(s)/ Consultant(s) could be revoked by the Principal if the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s)can prove that he has restored/ recouped
the damage caused by him and has installed a suitable corruption prevention system in
his organization.
Article – 4: Compensation for Damages.

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money
Deposit/ Bid Security or demand and recover the damages equivalent to Earnest Money
Deposit/ Bid Security apart from any other legal right that may have accrued to the
Principal.
Page 98 of 113
(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 Independent External Monitor (herein after referred to as
“Monitor”) for this Pact. The task of the Monitor is to review independently and
objectively, whether and to what extent the parties comply with the obligations under
this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Director General
(Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the Monitor
has the right to access without restriction to all project documentation of the Principal
including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Page 99 of 113
Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will also

grant the Monitor, upon his request and demonstration of a valid interest, unrestricted
and unconditional access to his project documentation. The same is applicable to
Subcontractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact
on the contractual relations between the Principal and the Contractor. The parties offer
to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will
so inform the Management of the Principal and request the Management to discontinue
or take corrective action, or to take other relevant action. The monitor can in this regard
submit non-binding recommendations. Beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the Director General (Road Development)
& Special Secretary within 8 to 10 weeks from the date of reference or intimation to
him by the Principal and, should the occasion arise, submit proposals for correcting
problematic situations.
(7) If the Monitor has reported to the Director General (Road Development) & Special
Secretary, a substantiated suspicion of an offence under relevant IPC/PC Act, and the
Director General (Road Development) & Special Secretary has not, within the
reasonable time taken visible action to proceed against such offence or reported it to the
Chief Vigilance Officer, the Monitor may also transmit this information directly to the
Central Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.
Article – 9 Pact Duration

This Pact begins when both parties have legally signed it (in case of EPC i.e. for projects funded
by Principal and consultancy services). It expires for the Contractor/ Consultant 12 months
after his Defect Liability Period is over or 12 months after his last payment under the contract
whichever is later and for all other unsuccessful Bidders 6 months after this Contract has been
awarded. (In case of BOT Projects) It expires for the concessionaire 24 months after his
concession period is over and for all other unsuccessful Bidders 6 months after this Contract
has been awarded.
If any claim is made/ lodged during his time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/ determined by Director
General (Road Development) & Special Secretary.
Article - 10 Other Provisions.

(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a consortium
Joint Venture partner, this pact must be signed by all partners or consortium members.
Page 100 of 113

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of this pact,
any action taken by the Principal in accordance with this Pact or interpretation thereof
shall not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provision of the extent law in force
relating to any civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witness:-
(For & On behalf of the Principal) (For & On behalf of the Bidder/ Contractor/
Concessionaire/ Consultant)
(Office Seal )
Place Date
Witness 1 : (Name & Address):
Witness 2 : (Name & Address):
{COUNTERSIGNED and
accepted by: JV Partner}
Page 101 of 113

Appendix-VII
VII FORM OF BANK GUARANTEE
(See Clauses 2.21)
[Performance Security/Additional Performance Security]
To
[name of Authority]
[address of Authority]
WHEREAS ___________[name and address of Contractor] (hereafter called the “Contractor”)

has undertaken, in pursuance of Letter of Acceptance (LOA) No. Dated _ for construction of
[name of the Project] (hereinafter called the “Contract”)
AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under
and in accordance with the Contract, during the {Construction Period/ Defects Liability Period
and Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee
Amount”1).
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.
A letter from the Authority, under the hand of an officer not below the rank of [General
Manager of National Highways & Infrastructure Development Corporation Limited], that the
Contractor has committed default in the due and faithful performance of all or any of its
obligations under and in accordance with the Contract shall be conclusive, final and binding
on the Bank. The Bank further agrees that the Authority shall be the sole judge as to whether
the Contractor is in default in due and faithful performance of its obligations during and under
the Contract and its decision that the Contractor is in default shall be final and binding on the
Bank, notwithstanding any differences between the Authority and the Contractor, or any
dispute between them pending before any court, tribunal, arbitrators or any other authority or
body, or by the discharge of the Contractor for any reason whatsoever.
2. 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
1
Guarantee Amount for Performance Security and Additional Performance Security shall
be calculated as per Contract.
Page 102 of 113

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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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
$
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.
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.
Page 103 of 113

10. 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.
11. 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.
12. 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.
13. 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 [MoRT&H/NHAI/NHIDCL/State PWD/BRO], details of which is as under:
S.No. Particulars Details
1 Name of Beneficiary National Highways & Infrastructure
Development Corporation Limited
2 Beneficiary Bank Account No. 90621010002659
3 Beneficiary Bank Branch CNRB0019062
4 Beneficiary Bank Branch Name Transport Bhawan, New Delhi
5 Beneficiary Bank Address Canara Bank (erstwhile Syndicate
Bank) transport Bhawan, 1st
Parliament Street, New Delhi-
110001
Signed and sealed this ………. day of ……….., 20……… at ………..
SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:
(Signature)
(Name)
(Designation)
(Code Number)
(Address)
Page 104 of 113

Appendix-VIII
VIII Format of LOA
(See Clauses 3.3.4)
No.________________________
Government of India
National Highways & Infrastructure Development Corporation Ltd.
3rd Floor, PTI Building, 4, Parliament Street, New Delhi – 110001
Dated,
To,
{Name of selected
Bidder}
Subject: {project description}- Letter of Acceptance (LOA)-Reg.
Reference: Your bid for the subject work dated ……………..
Sir,
This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. ........................... /- {amount in
words} has been determined to be the lowest evaluated bid and is substantially
responsive and has been accepted.
3. You are requested to return a duplicate of the LOA as an acknowledgement and sign
the Contract Agreement within the period prescribed given in Data Sheet of the RFP.
4. 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.
5. In case of failure of submission of Performance Security, Additional Performance
Security (if any) and Security against Damages (if any) within the additional 60 (Sixty)
days time period, the award shall be deemed to be cancelled and/or you will be debarred
from participating in the future projects of NHIDCL, for a period of one year.
Yours faithfully,
{authorized signatory}
“Accepted by
(Name of the Authorized Person)
(Name of the sole bidder/lead partner of JV)
Seal of the bidder"
Page 105 of 113

Slope protection works for the work of Construction of Four Lane Dimapur — Kohima Road
from design km 152.490 to km 166.700 (Existing km 156.000 to km 172.900) Excluding
May-2023]
Dimapur & Kohima Bypass, in the state of Nagaland under SARDP-NE through
Engineering, Procurement and Construction (EPC) Contract Basis
Appendix-IX
Format of BOQ:
Item Rate BoQ
Tender Inviting Authority: National Highways & Infrastructure Development Corporation Limited
(NHIDCL)
Name of Work:. “Slope protection works for the work of Construction of Four Lane
Dimapur — Kohima Road from design km 152.490 to km 166.700 (Existing km
156.000 to km 172.900) Excluding Dimapur & Kohima Bypass, in the state of
Nagaland under SARDP-NE through Engineering, Procurement and Construction
(EPC) Contract Basis”
Contract No:
Name of the Bidder/ Bidding Firm /
Company :
PRICE SCHEDULE
(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after
filling the relevent columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to
enter the Bidder Name and Values only )
NUM TEXT # NUM TEXT NUMBER # NUMBER # TEXT #
BER BER #
# #
Sl. Item Description Quan Units Bid Price in Figure Total Total Amount
No. tity Excluding GST to be Amount in in word
entered by the Bidder figure excluding
Rs. P excluding GST
GST
“Slope protection
works for the work
of Construction of
Four Lane
Dimapur —
Kohima Road from
design km 152.490
to km 166.700
(Existing km
156.000 to km
172.900) Excluding Lump ₹
1 1.000 ₹ Zero Only
Dimapur & Sum -
Kohima Bypass, in
the state of
Nagaland under
SARDP-NE
through
Engineering,
Procurement and
Construction
(EPC) Contract
Basis”

Page 106 of 107
Total
in ₹
₹ Zero Only
Figur -
es
Quote
d
Rate
₹ Zero Only
in
Word
s
Page 107 of 113

Appendix-X
Letter Head of the Statutory Auditor
(Giving phone number, address and email address)
CERTIFICATE OF NET WORTH BY STATUTORY AUDITOR
1. This certificate is being issued on the request of ………..(Name of the Bidder and
address) for participating in tender in respect of National Highways and Infrastructure
Development Corporation of India Ltd. in accordance with the applicable auditing
standards and guidance Note issued by the Institute of Chartered Accountant of India.
2. We M/s …………..(Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 20XX
(appropriate year may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors of a
company, the form no. ADT 1.duly filed with the Registrar of Companies is
attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered
accountants that audited last financial statements/books of accounts shall be
treated as Statutory Auditor while in case of a company, the statutory auditor
shall have same meaning as ‘Auditor’ defined under the Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for
providing this certificate.
4. We have read and understood the tender documents relating to financial (e.g.
‘Turnover’ and ‘Net worth), verified the standalone audited financial statements of
…… (Name of the Bidder), books of accounts and other relevant records and
information as at 31st March 20XX produced before us by …………..………..(Name
of the Bidder), and on basis of such verification, information and explanation given
to us, we certify that Net Worth of …………..………..(Name of the Bidder) as on 31
March 20XX has been computed strictly in compliance with the provision of clause
2.2.2.9(ii) of the RFP documents of the NHIDCL and as under:
Sr. Particulars Amount (₹ in Remarks
No. lakh)
1 Paid of Equity Share Capital
(This does not include advance against
equity and application money pending
allotment)
2 Reserves and Surpluses (Other equity in
case of Financial Statements are prepared
under Ind AS) created out of profits)
Page 108 of 113

2.1 Accumulated Profits

2.2 Share/Security premium
2.3 Other Reserves
Total
Less Accumulated losses, if any
Less Miscellaneous expenditure to the
extent not written off or adjusted
Less Deferred Revenue Expenditure, if any
Less write back of depreciation, if any
Less any other reserve created out of profits
like amalgamation, capital restructuring,
first time adoption of Ind AS or debt
restructuring prior to full settlement of
debts.
5. This is certified that the Calculation of Net worth is based on standalone financial
statements of ………….………..(Name of the Bidder) prepared in conformity with
applicable Accounting Standards and it does not include following components:
i. Advance against equity;
ii. Share application money, pending allotment;
iii. Redeemable or non-redeemable Preference share capital;
iv. Convertible and non-convertible debentures;
v. Revaluation Reserves;
vi. Accumulated losses;
vii. Write back of depreciation;
viii. Other comprehensive income, in cases where financial statements are prepared based
on Ind AS;
ix. Reserves created from restructuring of debt etc till their settlement of debts;
x. Deferred Tax Liabilities; and
xi. Impact of restructuring or amalgamation of the bidder.
For XYZ & Associates
Chartered Accountant
(FRN: ………)
Name of CA: …………………..

Partner/Proprietor Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………
Appendix-XI
Page 109 of 113

Letter Head of the Statutory Auditor

(Giving phone number, address and email address)
CERTIFICATE OF TURNOVER BY STATUTORY AUDITOR
1. This certificate is being issued on the request of ………. (Name of the Bidder and
address) for participating in tender in respect of National Highways and Infrastructure
Development Corporation of India Limited in accordance with the applicable auditing
standards and guidance Note issued by the Institute of Chartered Accountant of India.
2. We M/s …………. (Name of the Statutory Auditor) are statutory auditors of
…………..………..(Name of the Bidder) for the year ended 31st March 20XX
(appropriate year may be filled in).
Note 1: In case the certificate is issued by any firm other than statutory Auditors of
a company, the form no. ADT 1. duly filed with the Registrar of Companies
is attached.
Note 2: In cases the Bidder does not have statutory auditor, the firm of chartered
accountants that audited last financial statements/books of accounts shall be
treated as Statutory Auditor while in case of a company, the statutory auditor
shall have same meaning as ‘Auditor’ defined under the Companies Act, 2013.
3. We have obtained all relevant record and information that were necessary for
providing this certificate.
4. We have read and understood the tender documents relating to financial and technical
capacity (e.g., ‘Turnover’ and ‘Net worth), verified the standalone audited financial
statements of …… (Name of the Bidder), books of accounts and other relevant records
and information as at 31st March 20XX produced before us by ………….……….
(Name of the Bidder), and on basis of such verification, information and explanation
given to us, we certify as under:
S.No. Financial year Turnover (₹ In lakh)

1 Year 1 (2021-2022)
2 Year 2 (2020-2021)
3 Year 3 (2019-2020)
4 Year 4 (2018-2019)
5 Year 5 (2017-2018)
Page 110 of 113

In case financial statements of the latest financial year are not audited and therefore,
the bidder cannot make it available, the bidder shall provide an undertaking to this
effect and statutory auditor shall certify the same. In such case, the bidder shall
provide the audited financial statements for five years immediately preceding the year
for which the audited annual report is not being produced as per clause 2.2.2.8 of the
RFP which shall be considered for evaluation. In case, undertaking duly certified
by Statutory auditor is not submitted under by the bidder, under such circumstances,
the annual turnover for the year for which audited annual financial statements are
not available shall be considered as ‘Nil’ for the purposes of arriving at the average
annual turnover.
5. Annual Turnover updated to the price level of the year, based on factors indicated in
table xxx of the tender documents, is given below:
Year Year-1 Year-2 Year-3 Year- Year-
4 5
Updation factor 1.00 1.05 1.10 1.15 1.20
Actual Turnover (₹ In
lakh)
Updated Turnover (₹ In
lakh)
Average Updated Turnover (to the price level of the year) = …… (₹ In lakh)
6. This is also certified that the Calculation of turnover is based on standalone financial
statements of …………..………..(Name of the Bidder) prepared in conformity with
applicable Accounting Standards and it does not include any component of indirect
tax like GST.
7. This is also certified that the that turnover mentioned in para 5 is in individual capacity
of …………..………..(Name of the Bidder) and its share in the Joint Venture where
the work had been executed jointly with other party/parties and such a joint venture is
not a separate legal entity. Further, the above turnover does not include any turnover
related to joint venture or subsidiary having a separate legal entity.
8. This is also certified that turnover mentioned in para 5 is in respect of execution of
construction/ civil /engineering activities and does not include any trading activity of
…………..………..(Name of the Bidder).
Page 111 of 113

For XYZ & Associates

Chartered Accountant
(FRN: ………)
Name of CA: …………………..

Partner/Proprietor Membership No.: …………………
Place: ……………………
Date: …………………….
UDIN: ……………………
Page 112 of 113

Appendix-XII
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the General
Financial Rules (GFRs)
The General Manager (T)
NHIDCL,
Sub: BID for ****

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 certify that this Bidder is not from such a country or, if from such a country, has been
registered with the Competent Authority 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/Lead Member
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.
Page 113 of 113

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Ministry of Road Transport & Highways,

REQUEST FOR PROPOSAL

International Competitive Bidding

National Highways & Infrastructure Development Corporation Ltd

C. PREPARATION AND SUBMISSION OF BIDS 29

3 EVALUATION OF TECHNICAL BIDS AND OPENING & 37

3.4 Contacts during BID Evaluation 39

4 FRAUD AND CORRUPT PRACTICES 40

राष्‍ट्रीय राजमार्ग एवं अवसंरचना ववकास वनर्म विवम्े ड

Notice Inviting Bid

Bid/ Package No: NHIDCL/Nagaland/Civil Work/DK3/SP Dated: 25.05.2023

Estimated Cost Bid

Agreement As defined in Clause 1.1.4

राष्‍ट्रीय राजमार्ग एवं अवसंरचना ववकास वनर्म विवम्े ड

1.1.1 The National Highways & Infrastructure Development Corporation Limited

1.2 Brief description of Bidding Process

Sr.No. Particulars Details

Canara Bank (erstwhile Syndicate Bank),

(iii) ‘Non - local Supplier’ means a supplier or service provider, whose

1.3 Schedule of Bidding Process

2.1. General terms of Bidding

2.1.9 This RFP is not transferable.

(a) Number of members in a Joint Venture shall not exceed 2 (Two);

(i) Fails to set up institutional mechanism and procedure as per contract;

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

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

(xi) Occurrence of minor failure of structures/ Highway due to construction defect

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

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

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

direct or indirect shareholding of a Bidder, or its Joint Venture Member thereof

Annexure-I of Order (Public Procurement No. 1) issued by Ministry of Finance,

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

a. “Controlling ownership interest” means ownership of or entitlement to more than

Certificate regarding Compliance:

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

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

Up-dation 1.00 1.05 1.10 1.15 1.20

2.2.2.2 Technical Capacity

(b) This amount should be as follows:

(A) For normal highway projects

S. No. Estimated Project Cost (EPC) of the Project Threshold Technical

(B) For stand-alone specialized projects (Major Bridges/ROB/Flyover/Tunnel)

S. No. Estimated Project Cost (EPC) of the Project Threshold Technical

(a) Widening/ reconstruction/up-gradation works on NH/SH/Expressway or on any

(iii) For Stand-alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects:

(b) Tunnel project:

(c) Slope Protection works

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

2.2.2.3 Financial Capacity:

Year Year-1 Year-2 Year-3 Year-4 Year-5 Year-6*

Up-dation 1.00 1.05 1.10 1.15 1.20 1.25

2.2.2.4 In case of a Joint Venture:

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

Category Project / Construction experience on Eligible Projects Factors

(iii) For the purpose of this RFP:

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