1B. RFP NH-731K
1B. RFP NH-731K
1B. RFP NH-731K
BID DOCUMENT
VOLUME -I
INSTRUCTIONS TO BIDDERS
September 2023
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Ministry of Road Transport & Highways Request for Proposals
TABLE OF CONTENTS
Bids
3.1 Opening and Evaluation of Technical Bids 39
3.2 Test of Responsiveness 39
3.3 Evaluation parameters 40
3.4 Technical capacity for purpose of evaluation 40
3.5 Details of experience 43
3.6 Financial Information for purpose of evaluation 43
3.7 Opening and Evaluation of Financial Bids 44
3.8 Selection of Bidder 44
3.9 Contacts during Bid Evaluation 45
3.10 Correspondence with Bidder 45
4 Fraud and Corrupt Practices 46
5 Pre-BID Conference 48
6 Miscellaneous 49
Appendices
Annexure of Appendix 1A
I Details of Bidder 57
II Technical Capacity of the Bidder 59
III Financial Capacity of the Bidder 61
IV Details of Eligible Project 63
V Statement of legal capacity 68
VI Guidelines of the Department of Disinvestment 69
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Ministry of Road Transport & Highways Request for Proposals
The Government of India had entrusted to the Authority the development, maintenance
and management of National Highway No. 731Kincluding the section from km 0.000to
km 47.026(approx. 47.026km). The Authority had resolved to augment the Widening/up-
gradation to four lane configuration of Shahjahanpur- Bisalpur section from km 0.000 to
km 47.026 of NH-731K in the state of Uttar Pradesh(the “Project”) on design, build,
operate and transfer (the “DBOT Annuity” or “Hybrid Annuity”) basis, and has decided
to carry out the bidding process for selection of a private entity as the Bidder to whom the
Project may be awarded. Brief particulars of the Project are as follows:
The complete BID document can be viewed / downloaded from official portal of the
CPPP website http://eprocure.gov.in/eprocure/app from 25.09.2023to 14.11.2023(up to
1100 Hrs. IST).Bid must be submitted online only at
http://eprocure.gov.in/eprocure/appduring the validity of registration with the CPPP e-
Tendering Portal being managed by National Informatic Centre (NIC), i.e.
http://http://eprocure.gov.in/eprocure/appon or before14.11.2023(upto 1100 hours IST).
Technical submissions of the Bids received online shall be opened on 15.11.2023(at1130
hours IST).
Bidsubmitted through any other mode shall not be entertained. However, Bid
Security,Power ofAttorney for signing of Bid, Power of Attorneyfor lead member of
Consortium, if any, JointBidding Agreement for Consortium, if any,Integrity Pact, and
experience certificatesapostile at foreign origin, if any, and other documents required as
per clause 2.11.2 of RFP shall besubmitted physically in original by the Lowest
Bidderbefore issuance of Letter of Award (LOA) bythe Authority.However, while
submitting Bid Security via Account Payee demand draft or Banker‟s cheque, it is to be
ensured by the Bidder that Account Payee demand draft or Banker‟s cheque are submitted
physically latest within 5-working days of the Bid Due Date (upto 11:00 hours).Please
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note that the Authority reserves the right to accept or reject allor any of the BIDs without
assigning any reason whatsoever.
Thankingyou,
Yoursfaithfully,
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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 Bidderor Concessionaire, 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
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submission of its BID including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be
required by the Authority or any other costs incurred in connection with or relating to its
BID. All such costs and expenses will remain with the Bidder and the Authority shall not
be liable in any manner whatsoever for the same or for any other costs or other expenses
incurred by a Bidder in preparation or submission of the BID, regardless of the conduct or
outcome of the Bidding Process.
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GLOSSARY
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.
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SECTION 1
INTRODUCTION
1.1. Background
1.1.1 The Ministry of Road Transport & Highways through Regional Office, Lucknow,
Uttar Pradesh represented by Chief Engineer, Regional Office, Lucknow, Uttar
Pradesh(the “Authority”) is engaged in the development of National Highways
and as part of this endeavour, the Authority has decided to undertake development
and operation / maintenance ofWidening/up-gradation to four lane
configuration of Shahjahanpur- Bisalpur section from km 0.000 to km 47.026
of NH-731K on Hybrid Annuity Mode in the state of Uttar Pradesh. Project
(the “Project”) through Public Private Partnership (the “PPP”) on Design, Build,
Operate and Transfer (“DBOT Annuity or Hybrid Annuity”) basis, and has
decided to carry out the bidding process for selection of a private entity as the
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:
1.1.2 TheSelectedBidder,whoiseitheracompanyincorporatedundertheCompaniesAct,1956/
2013 or its
substitutethereoforundertakestoincorporateassuchpriortoexecutionoftheconcessiona
greement(the“Concessionaire”),shallberesponsiblefordesigning,engineering,financing
,procurement,construction,operationandmaintenanceoftheProjectunderandinaccorda
ncewiththe provisionsofalong-
termconcessionagreement(the“ConcessionAgreement”)tobe
enteredintobetweentheConcessionaireandtheAuthorityintheformprovidedbytheAut
horityaspartoftheBiddingDocumentspursuantthereto.
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1.1.3 The scope of work will broadly include rehabilitation, upgradation and widening
of the existing carriageway to fourlane 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.
including those prescribed in the Concession Agreement and its Schedules and the
operation and maintenance thereof.
1.1.4 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.
1.1.5 The Concession Agreement sets forth the detailed terms and conditions for grant
of the concession to the Concessionaire, including the scope of the
Concessionaire‟s services and obligations (the “Concession”).
1.1.6 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 Concessionaire set forth in the Concession
Agreement or the Authority‟s rights to amend, alter, change, supplement or clarify
the scope of work, the Concession 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.
1.1.7 The Authority shall receive Bids pursuant to and in accordance with the terms
set forth in this RFP and other documents to be provided by the Authority
pursuant to this RFP (collectively the "Bidding Documents"), and all Bids shall be
prepared and submitted in accordance with such terms on or before the Bid due
date specified in Clause 1.3 for submission of Bids (the “Bid Due Date”).
1.1.8 a. The Selected Bidder shall use the Link „Data Lake Portal‟ available on NHAI
website nhai.gov.in to communicate with the Independent Engineer and NHAI for
all contractual correspondence.
b. No Physical document shall be accepted unless and until the same is specifically
stated so in the RFP or it is a legal requirement
1.2.1 The Authority has adopted a single stage two envelopprocess (referred
to as the "Bidding Process") for selection of the Bidder for award of the
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Project. Under this process, the Bid shall be invited under two envelops. Prior
to or along with the Bid, the Bidder shall pay to the Authority a sum of Rs.
90,000/- (Rupeesninety thousand only) as the cost of the RFP processthrough
Non-Tax Receipt Portal i.e www.bharatkosh.gov.in in favour of Regional Pay
& Accounts Officer, Ministry of Road Transport & Highways, Lucknow (DDO
Code : 235040).Eligibility and qualification of the Bidder will be first
examined based on the details submitted under first envelop (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 Consortium). The Financial Bid under the second envelop
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 VI 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 anyBidder 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 Interested bidders (the “Bidders”) are being called upon to submit their Bidin
accordance with the terms specified in this Bidding Document. The Bid shall be
valid for a period of 120 days from the date specified in Clause 1.3 for submission
of Bids (the “Bid Due Date”).
1.2.3 Thecomplete 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 for guidance purposes only. Subject to the
provisions of Clause 2.1.3, the aforesaid documents and any addenda issued
subsequentto this RFP Document, will be deemed to form part of the Bidding
Documents.
1.2.4 A Bidder is required to deposit, along with its Bid, a BidSecurityof Rs.
8.58Crores (Rupeeseight crore and fifty eight lakh only)(the "Bid Security"),
refundable not later than 90(ninety)daysfrom the Bid Due Date, except in the
case of the Selected Bidder whose BidSecurity shall be retained till it has
provided a Performance Security under the Agreement. The Bidders will have an
option to provide Bid Security in the form of Insurance Surety Bond, Account
Payee Demand Draft, Banker‟s Cheque or Electronic Bank Guarantee (e-Bank
Guaranteeα) acceptable to the Authority, and in such event, the validity period of
Insurance Surety Bond, Account Payee Demand Draft, Banker‟s Cheque or e-
α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical Bank
Guarantee till 31st December 2023
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Bank Guarantee shall not be less than 120 (one hundred and twenty) days from the
Bid Due Datewitha 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 and
that the validityof the demand draft shall not be less than 60 (sixty) days from the
Bid Due Date. Upon submission of demand draft, the same shall be encashed by
the Authority.The Insurance Surety Bond shall be verified from the specific portal
created for this purpose.This e-Bank Guarantee shall be transmitted through
SFMS Gateway to MoRTH‟s Bank.The Bid shall be summarily rejected if it is not
accompanied by the Bid Security.
1.2.5 During the Bid Stage, Bidders are advised to examine the Project ingreater
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.
In this RFP, the term “Lowest Bidder” shall mean the Bidder whoseBid Project
Cost is the lowest.
1.2.7 Generally, the Lowest Bidder shall be the Selected Bidder. The remaining
Bidders shall be kept in reserve and may, in accordance with the process specified
in Clause 3 of this RFP, be invited to match the Bid submitted by the Lowest
Bidder in case such Lowest Bidder withdraws or is not selected for whatsoever
reasonexcept the reasonmentioned in clause 1.2.12 and 3.8.1 of RFP. In the event
that none of the other Bidders match the Bid of the Lowest Bidder, the Authority
may, in its discretion, either invite fresh Bids from the remaining Bidders or annul
the Bidding Process.
1.2.8 In the event, the Bid Project Cost of the Lowest Bidder is lower by more than 10%
with respect to theEstimated Project Cost, the Concessionaire shall submit an
Additional Performance Security (the “Additional Performance Security” as per
the provision of the Concession Agreement. The Additional Performance Security
shall be determined @ 10% of the difference in the Estimated Project Cost and the
Bid Project Cost.
Provided that, the amount of Additional Performance Security shall not exceed the
amount of Performance Security
1.2.9 The Concessionaire shall not be entitled to levy and charge a user fee from users of
the Project.
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1.2.10 Other details of the process to be followed under this bidding process and the
terms thereof are spelt out in this RFP.
1.2.11 Any queries or request for additional information concerning this RFP shall be
submittedby e-mail to the officer designated in Clause2.11.4 below with
identification/ title: "Queries/Request for Additional Information:
RFP forWidening/up-gradation to four lane configuration of Shahjahanpur-
Bisalpur section from km 0.000 to km 47.026 of NH-731K in the state of Uttar
Pradeshon Hybrid Annuity Mode
1.2.12 In case Lowest Bidder fails to submit the originals Bid Security, Power of
Attorney for signing of Bid, Power of Attorney for leadmember of Consortium, if
any, Joint BiddingAgreement for Consortium, if any, IntegrityPact, and
experience certificates apostile atforeign origin, if any,and other documents
required as per clause 2.11.2 of RFP, the Bidding Process shallbe annulled and
Tender shall be re-invited.
1.2.13 A Bidder is required to submit, along with its technical BID, a self- certification
that the item offered meets the local content requirement for „Class – I local
Supplier‟ / „Class – II local Supplier‟, as the case may be. The self-certification
shall also have details of the location(s) at which the local value addition is made.
In case, bidder has not submitted the aforesaid certification the bidder will be
treated as „Non- Local Supplier‟.
In the above pretext, the Class – I Local Supplier, Class – II Local Supplier and
the Non- Local Supplier are defined as under:
(i) „Class – I local Supplier‟ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for „Class – I local Supplier‟ under this RFP. The „local content‟
requirement to categorize a supplier as „Class – I local Supplier‟ is minimum 50%.
(ii) „Class – II local Supplier‟ means a supplier or service provider, whose goods,
services or works offered for procurement, meets the minimum local content as
prescribed for „Class – II local Supplier‟ under this RFP. The „local content‟
requirement to categorize a supplier as „Class – II local Supplier‟ is minimum
20%.
(iii) „Non - local Supplier‟ means a supplier or service provider, whose goods,
services or works offered for procurement, has local content less than that
prescribed for „Class – II local supplier‟ under this RFP.
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(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.
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SECTION-2
INSTRUCTIONS TO BIDDERS
A. GENERAL
2.1.1 No Bidder shall submit more than one Bid for the Project. A Bidder
biddingindividually or as a member of a Consortium shall not be entitled to
submitanotherBID either individually or as a member of any Consortium, as
the case may be.
2.1.3 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.
2.1.4 Notwithstanding anything to the contrary contained in this RFP, the detailed
terms specified in the draft concession 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
Concession Agreement.
2.1.5 TheBid 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 shall 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.
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2.1.7 The validity period of the Insurance Surety Bond, Account Payee Demand Draft,
Banker‟s Cheque or e-Bank Guaranteeα, as the case may be, shall not be less than
120 (one hundred and twenty) days from the Bid Due Datewitha claim period of
60 (Sixty) days, and may be extended as may be mutually agreed between the
Authority and the Bidder. The Bid shall be summarily rejected if it is not
accompanied by the Bid Security. The Bid Security shall be refundable no later
than 90(ninety) days from the Bid Due Date except in the case of the Selected
Bidder whose Bid Security shall be retained till it hasprovided a Performance
Security under the Agreement.
2.1.8 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.
2.1.9 In case the Bidder is a Consortium, the Members thereof should furnish a Power
of Attorney in favour of any Member, which Member shall thereafter be identified
as the Lead Member, in the format at Appendix – IV€.In case the Bidder is a
Consortium, Joint Bidding Agreement in the format at Appendix V shall be
submitted by the Bidder.
2.1.10 Any condition or qualification or any other stipulation contained in the Bid shall
render the Bid liable to rejection as a non-responsive Bid.
2.1.11 The Bid and all communications in relation to or concerning the Bidding
Documents and the Bid shall be in English language.
2.1.12 TheBidding documents including this RFP and all attached documents, provided
by theAuthority are and 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 2.1.12
shall also apply mutatis mutandis to Bids and all other documents submitted by
α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical Bank
Guarantee till 31st December 2023
€
In case of a Consortium, the Members should submit a Power of Attorney infavour of the any Member as per the
format as Appendix-IV. Such Member shall thereafter be identified as the Lead Member. The Lead Member should
submit a power of Attorney as per the format in Appendix-III, authorising the signatory of the Application. Members of
the Consortium of need not submit Power of Attorney as per the format at Appendix-III, authorising the signatory of the
Application.
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the Bidders, and the Authority will not return to the Bidders any Bid, document or
any informationprovided along therewith.
2.1.14 Any award of Project pursuant to this RFP shall be subject to the terms of
Bidding Documents.
2.1.15 Where the Bidder is a single entity, it shallbe required to form an appropriate
Special Purpose Vehicle, incorporated under the Indian Companies Act 2013 (the
“SPV”), to execute the Concession Agreement and implement the Project. In case
the Bidder is a Consortium, it shall, in addition to forming an SPV, comply with
the following additional requirements:
(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each member of the Consortium;
(c) members of the Consortium shall nominate one member as the lead
member (the “Lead Member”), who shall have an equity share holding of
at least 26% (twenty six per cent) of the paid up and subscribed equity of
the SPV. 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
Consortium;
(d) the Bid should include a brief description of the roles and responsibilities
of individual members, particularly with reference to financial, technical
and O&M obligations;
(f) the members of a Consortium shall form an appropriate SPV to execute the
Project, if awarded to the Consortium;
(g) members of the Consortium shall enter into a binding Joint Bidding
Agreement, substantially in the form specified at Appendix-V (the “Jt.
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Bidding Agreement”), for the purpose of submitting a Bid. The Jt. Bidding
Agreement, to be submitted along with the Application, shall, inter alia:
(i) convey the intent to form an SPV, solely for the purpose of
domiciling the Project and no other purpose, with shareholding/
ownership equity commitment(s) in accordance with this RFP,
which would enter into the Concession Agreement and
subsequently perform all the obligations of the Concessionaire in
terms of the Concession Agreement, in case the concession to
undertake the Project is awarded to the Consortium;
(h) except as provided under this RFP and the Bidding Documents, there shall
not be any amendment to the Jt. Bidding Agreement without the prior
written consent of the Authority.
2.1.16 Any entity which has been barred by the Central/ State Government, or any entity
controlled by it, from participating in any project (BOT or otherwise), and the bar
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subsists as on the date of Bid, would not be eligible to submit a Bid, either
individually or as member of a Consortium.
2.1.17 A Bidder including any Consortium Member or Associate should, in the last 3
(three) years, have neither failed to perform on any contract, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the Bidder, Consortium Member or
Associate, as the case may be, nor has been expelled from any project or contract
by any public entity nor have had any contract terminated any public entity for
breach by such Bidder, Consortium Member or Associate.
Authority would place sole reliance on the certification provided by the Bidder in
this regard in its letter comprising the Technical Bid.
2.1.18 In computing the Technical Capacity and Net Worth of the Bidder/ Consortium
Members under Clauses 2.2.2, 2.2.4 and 3.4, the Technical Capacity and Net
Worth of their respective Associates would also be eligible hereunder.
For purposes of this RFP, Associate means, in relation to the Bidder/ Consortium
Member, a person who controls, is controlled by, or is under the common control
with such Bidder/ Consortium Member (the “Associate”). As used in this
definition, the expression “control” means, with respect to a person which is a
company or corporation, the ownership, directly or indirectly, of more than 50%
(fifty per cent) of the voting shares of such person, and with respect to a person
which is not a company or corporation, the power to direct the management and
policies of such person by operation of law.
It is clarified that a certificate from a qualified external auditor who audits the
book of accounts of the Bidder or the Consortium Member shall be provided to
demonstrate that a person is an Associate of the Bidder or the Consortium as the
case may be.
(a) Bidders should attach clearly marked and referenced continuation sheets in
the event that the space provided in the prescribed forms in the Annexes is
insufficient. Alternatively, Bidders may format the prescribed forms
making due provision for incorporation of the requested information;
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2.1.20 While Qualification is open to persons from any country, the following provisions
shall apply:
(a) Where, on the date of the Bid, not less than 50% (fifty percent) of the
aggregate issued, subscribed and paid up equity share capital in a Bidder
or its Member is held by persons resident outside India or where an Bidder
or its Member is controlled by persons resident outside India; or
(b) if at any subsequent stage after the date of the Bid, there is an acquisition
of not less than 50% (fiftypercent) of the aggregate issued, subscribed and
paid up equity share capital or control, by persons resident outside India, in
or of the Bidder or its Member;
then the Eligibility and / or opening of Financial Bid and or award of the Project
to such Bidder shall be subject to approval of the Authority from national security
and public interest perspective. The decision of the Authority in this behalf shall
be final and conclusive and binding on the Bidder.
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.
2.1.21 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 Application
and furnish all its information and certification with reference to the 5 (five) years
or 1 (one) year, as the case may be, preceding its latest financial year. For the
avoidance of doubt, financial year shall, for the purposes of an Application
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hereunder, mean the accounting year followed by the Applicant in the course of its
normal business.
2.1.22 During the period from the date of the Concession Agreement until the Appointed
Date (the “Development Period”), the Concessionaire shall maintain the existing
Project road, in such a manner so as to ensure that the road is in pothole free
condition and also to ensure that the quality of service and safety are maintained
and in the event of any material deterioration or damage other than normal wear
and tear, the Concessionaire shall undertake repair thereof. The Concessionaire
shall make necessary provisions for inclusion of costs related to maintenance
during the Development Period in its Bid.
2.1.23 The Bidder, including an individual or any of member of its Consortium, should
neither be a non-performing party on the date of opening of tender nor on the date
of issue of Letter of Award (LOA). Upon declaration of non-performer/debarred,
the Contractor/Concessionaire will not be able toparticipate in any bid for
National Highways projects with MoRTH or its executing agencies till such time
the debarment persists or the Contractor/Concessionaire is removed from the list
of non-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 of tender nor debarred on the date of issue of Letter of Award
(LoA). Contractors/ Concessionaire concluded before the issue of the
debarment/declaration as non-performer order shall not be affected by the
debarmentorder(s) issued subsequently.
In case, any debarred/declared non-performer firm submits the bid, the same will
be ignored. In case such firm is lowest (L-1), next lowest firm shall be considered
as L-1. Bid Security submitted by such debarred / declared non-performer firms
shall be returned to them.
(iii) Fails to complete or has missed any milestone and progress not commensurate
with contiguous unencumbered project length/ROW available even after lapse of
6 months from respective project milestone/Schedule Completion date, unless
Extension of Time has been granted due to Authority‟s Default or Force Majeure;
(iv) Fails to achieve progress commensurate with funds released from Escrow
Account (Equity + Debt +Grant) in BOT or HAM project and variation is more
than 25% in the last 365 days;
(v) Fails to achieve the target progress or complete the project as per schedule
agreed at the time of sanctioning of funds under One Time Funds Infusion (OTFI)
or relaxations to contract conditions to improve cash flow solely on account of
Concessionaire‟s failure/default;
(x) Fails to complete Punch list items even after lapse of time for completion of
such items excluding delays attributable to the Authority;
(xiv) Fails to make premium payments excluding the current instalment 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;
(xviii) Failed to perform for the works of Expressways, National Highways, ISC
& EI works in the last 2 (two) years, as evidenced by imposition of a penalty by
an arbitral or judicial authority or a judicial pronouncement or arbitral award
against the Bidder, including individual or any of its Joint Venture/Consortium
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/Consortium 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.
The Bidder, including individual or each member of Joint Venture or Members of its
Consortium, shall give the list of the projects of Expressways, National Highways, ISC
and El works of Ministry of Road Transport & Highways or its implementing agencies
(NHAI/ NHIDCL/State PWDs) and the status of above issues in each project as on the
bid submission date and undertake that they do not attract any of the above categories
(Ref. Sr. No.6, Annex-| of Appendix - IA).
The Bidder including individual or any of its Joint Venture Member or Members of its
Consortium may provide
(i) details of all their ongoing projects along with updated stage of litigation, if so, against
the Authority / Governments; and
(ii) details of updated ongoing process of blacklisting if so, under any contract with
Authority / Government;
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The Authority reserves the right to reject an otherwise eligible Bidder on the basis of the
information provided under this clause 2.1.23. The decision of the Authority in this case
shall be final.
2.2.1 For determining the eligibility of Bidder the following shall apply:
(b) Bidder may be a natural person, private entity, or any combination of them
with a formal intent to enter into a Joint Bidding Agreement or under an
existing agreement to form a Consortium. A Consortium shall be eligible
for consideration subject to the conditions set out in Clause 2.1.15.
(c) ABiddershallnothaveaconflictofinterest(the“ConflictofInterest”)thataffects
theBiddingProcess.AnyBidderfoundtohaveaConflictofInterestshallbedisquali
fied.
Intheeventofdisqualification,theAuthorityshallbeentitledtoforfeitandappropr
iate 5% of the value of theBidSecurityorequivalent amount from the
PerformanceSecurity,asthecasemaybe,asmutuallyagreedgenuine pre-
estimatedlossanddamagelikelytobesufferedandincurredbytheAuthorityand
not by way of penalty for, inter alia, the time, cost and effort of
theAuthority, including
considerationofsuchBidder‟sproposal(the“Damages”),withoutprejudicetoan
yother
rightorremedythatmaybeavailabletotheAuthorityundertheBiddingDocuments
and/ortheConcessionAgreementorotherwise.Withoutlimitingthegeneralityof
theabove,
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aBiddershallbedeemedtohaveaConflictofInterestaffectingtheBiddingProces
s, if:
(i) TheBidder,itsMemberorAssociate(oranyconstituentthereof)andanyo
ther
Bidder,itsMemberoranyAssociatethereof(oranyconstituentthereof)h
ave common controlling shareholders or other ownership interest;
provided that this
disqualificationshallnotapplyincaseswherethedirectorindirectshareho
lding
ofaBidder,itsMemberoranAssociatethereof(oranyshareholderthereofh
aving ashareholdingof not morethan 25%(twenty
fivepercent)ofthepaidupandsubscribed capital;
ofsuchBidder,MemberorAssociate,asthecasemaybe)inthe
otherBidder,itsMemberorAssociate,isnot morethan 2 5%(Twenty
fivepercent)ofthe
subscribedandpaidupequitysharecapitalthereof;providedfurtherthatt
his
disqualificationshallnotapplytoanyownershipbyabank,insurancecom
pany,
pensionfundorapublicfinancialinstitutionreferredtoinsection4Aofthe
CompaniesAct,1956/2013.ForthepurposesofthisClause2.2.1(c),indirec
tshareholding
heldthroughoneormoreintermediatepersonsshallbecomputedasfollow
s:(aa)
whereanyintermediaryiscontrolledbyapersonthroughmanagementcon
trolorotherwise,theentireshareholdingheldbysuchcontrolledintermediar
yinanyother
person(the“SubjectPerson”)shallbetakenintoaccountforcomputingt
he shareholdingofsuchcontrollingpersonintheSubjectPerson;and(bb)
subject alwaystosub-
clause(aa)above,whereapersondoesnotexercisecontrolover
anintermediary,whichhasshareholdingintheSubjectPerson,thecompu
tation
ofindirectshareholdingofsuchpersonintheSubjectPersonshallbeundert
aken
onaproportionatebasis;provided,however,thatnosuchshareholdingsh
allbe reckonedunderthissub-
clause(bb)iftheshareholdingofsuchpersoninthe intermediary is less
than 26% of the subscribed and paid up equity shareholding
ofsuchintermediary;or
(iii) such Bidder, its Member or any Associate thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or
subordinated debt from any other Bidder, its Member or Associate,
or has provided any such subsidy, grant, concessional loan or
subordinated debt to any other Bidder, its Member or any
Associate thereof; or
(iv) such Bidder has the same legal representative for purposes of this
Bid as any other Bidder; or
Explanation:
IncaseaBidderisaConsortium,thenthetermBidderasusedinthisClause2.1.12,
shallincludeeachMemberofsuchConsortium.
ForpurposesofthisRFP,Associatemeans,inrelationtotheBidder/ConsortiumMember,
apersonwhocontrols,iscontrolledby,orisunderthecommoncontrolwithsuchBidder/Con
sortium Member (the “Associate”). As used in this definition, the expression
“control” means, with respect to a person which is a company or corporation, the
ownership,directlyorindirectly,ofmorethan50%(fiftypercent)ofthevotingshares
ofsuchperson,andwithrespecttoapersonwhichisnotacompanyorcorporation,
thepowertodirectthemanagementandpoliciesofsuchpersonbyoperationoflaw.
(d) ABiddershallbeliablefordisqualificationandforfeitureofBidSecurityifanyleg
al,
financialortechnicaladviseroftheAuthorityinrelationtotheProjectisengagedb
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y
theBidder,itsMembersoranyAssociatethereof,asthecasemaybe,inanymanner
for matters related to or incidental to such Project during the Bidding
Process or
subsequenttothe(i)issueoftheLOAor(ii)executionoftheConcession
Agreement.
IntheeventanysuchadviserisengagedbytheSelectedBidderorConcessionaire,
as the case may be, after issue of the LOAor execution of the
ConcessionAgreement for matters related or incidental to the Project, then
notwithstanding anything to the contrary contained herein or in the LOAor
the ConcessionAgreement and without
prejudicetoanyotherrightorremedyoftheAuthority,includingtheforfeitureand
appropriationoftheBidSecurityorPerformanceSecurity,asthecasemaybe,whic
h
theAuthoritymayhavethereunderorotherwise,theLOAortheConcessionAgree
ment, asthecasemaybe,shallbeliabletobeterminatedwithoutthe
Authoritybeing liable
inanymannerwhatsoevertotheSelectedBidderorConcessionaireforthesame.F
or
theavoidanceofdoubt,thisdisqualificationshallnotapplywheresuchadviserwa
s
engagedbytheBidder,itsMemberorAssociateinthepastbutitsassignmentexpir
ed
orwasterminated6(six)monthspriortothedateofissueofRFPfortheProject.Nor
willthisdisqualificationapplywheresuchadviserisengagedafteraperiodof3(thr
ee) yearsfromthedateofcommercialoperationoftheProject.
(e) For determining the eligibility of Bidder from a country which shares a land
border with India the following shall apply:
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(i) Any Bidder from a country which shares a land border with India will be
eligible to bid, only if the Bidder is registered with the Competent Authority,
specified in Annexure-I of Order (Public Procurement No. 1) issued by Ministry of
Finance, Department of Expenditure Public Procurement Division vide F. No.
6/18/2019-PPD, dated 23rd July 2020, which shall form an integral part of RFP
and DCA.
(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.
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 more juridical person: has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
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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;
(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
2.2.1(e)(ii) above.
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.
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(f) The Bidder shall have 'BBB' and above Credit Rating given by Credit
Rating Agencies authorized by SEBI. If the bidder does not have 'BBB' and above
Credit Rating, the Bidder shall be required to submit a comfort letter from its
Bankers/Financial Institutions along with its Bid that they will provide Credit
Facilities (Term Loan) to the bidder to meet the project cost excluding grant, if
any, for domiciling the project.
2.2.2 To be eligible for this RFP a Bidder shall fulfil the following conditions of
eligibility:
(A) Technical Capacity: 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:
(i) paid for, or received paymentsfor, construction of Eligible Project(s); and/
or
such that the sum total of the above, as further adjusted in accordance with clause
3.4.6, is more than Rs.857.76Crore (Rupeeseight hundred fifty seven crore and
seventy six lakh only only)(the “Threshold Technical Capability”).
Provided that at least one fourth of the Threshold Technical Capability shall be
from the Eligible Projects in Category 1 and/ or Category 3 specified in Clause
3.4.1.
(AA) Provided that at least one similar work of 20% of Estimated Project Cost Rs.
171.55crore (Rs. one hundred seventy one crore and fifty five lakh only) shall
have been completed from the Eligible Projects in Category 1 and/or Category 3
specified in Clause 3.4.1. For this purpose, a project shall be considered to be
completed, if more than 90% of the value of work has been completed and such
completed value of work is equal to or more than 20% of the estimated project
cost.
Eligible projects shall include 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 works on MDRs with loan
assistance from multilateral agencies or on BOT basis.
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The Sole Bidder or in case the Bidder being a Consortium, any member of
Consortium shall necessarily demonstrate additional experience in construction of
Major Bridge/ROBs/Flyovers in the last 10 (Ten) financial years preceding the
Bid due date i.e. shall have completed at least one similar Major Bridge/ROB/
Flyover having span equal to or greater than52.50m.
(B) Financial Capacity: The Bidder shall have a minimum Net Worth (the
“Financial Capacity”) of Rs. 128.66Crore (Rupees onehundred twenty eight
crore and sixty six lakh only) at the close of the preceding financial year§.
In case of a Consortium, the combined technical capability and net worth of those
Members, who have and shall continue to have an equity share of at least 26%
(twenty six per cent) each in the SPV, should satisfy the above conditions of
eligibility; provided that each such Member shall, for a period of 06 (six) months
from the date of commercial operation of the Project, hold equity share capital not
less than: (i) 26% (twenty six per cent) of the subscribed and paid up equity of the
SPV; and (ii) 5% (five per cent) of the Total Project Cost specified in the
Concession Agreement£.
Provided further that each member of the Consortium shall have a minimum Net
Worth of 7.5% of Estimated Project Cost in the immediately preceding financial
year§€.
2.2.3 O&M Experience: The Bidder shall engage an experienced O&M contractor or
hire qualified and trained personnel for operation and maintenance of the Project
in conformity with the provisions of the concession agreement.
§
In case a Bidder has issued any fresh Equity Capital during the current financial year, the same shall be
permitted to be added to the Bidder‟s Net Worth subject to the Statutory Auditor of the Bidder certifying to
this effect.
£
The Authority may, in its discretion, impose further obligations in the Concession Agreement, but such
obligations should provide sufficient mobility for partial divestment of equity without compromising the
interests of the Project.
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2.2.4 The Bidders shall enclose with its bid, to be submitted as per the format at
Appendix-IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors1$ or the concerned client(s) stating
the payments made/ received or works commissioned, as the case may be,
during the past 5 years in respect of the projects specified in paragraph
2.2.2 (A) above. In case a particular job/ contract has been jointly executed
by the Bidder (as part of a Consortium), it should further support its claim
for 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 2.2.4 (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
loses, 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.
The Bidders shall be responsible for all of the costs associated with the
preparation of their Bids and their participation in the Bidding Process.
TheAuthority will not be responsible or in any way liable for such costs, regardless
of the conduct or outcome of the Bidding Process.
$
In case duly certified audited annual financial statements containing explicitly the requisite details are
provided, a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.4 (i).
In jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of
the Bidder may provide the certificates required under this RFP.
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2.5.1 Bidders are encouraged to submit their respective Bids after visiting the Project
site and ascertaining for themselves the site conditions, location,
surroundings, climate,availability of power,water & other utilities
forconstruction, access to site, handling and storage of materials, weather
data,applicable laws and regulations, and any other matter considered relevant
by them. Bidders are advised to visit the site and familiarise themselves with the
Project with in the stipulated time of submission of the Bid. No extension of time is
likely to be considered for submission of Bids.
2.5.3 The Authority shall not be liable for any omission, mistake or error inrespect of
any of the above or on account of any matter or thing arising out of or
concerningor relating to RFP, including any error or mistake therein or in any
information or data given by the Authority.
2.6.1 The Authority reserves the right to verify all statements, information
anddocuments submitted by the Bidder in response to the RFP and the
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Bidder shall, when so required by the Authority, make available all such
information,evidence and documents as may be necessary for such
verification. Any suchverification, or lack of such verification, by the Authority
shall not relieve the Bidder of itsobligations or liabilities hereunder nor will it
affect any rights of the Authority thereunder.
2.6.2 The Authority reserves the right to reject any Bid and appropriate the Bid
Securityif:
(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,
thesupplemental information sought by the Authority for evaluation of the
Bid.
2.6.3 In case it is found during the evaluation or at any time before signing of the
Concession Agreement or after its execution and during the period of subsistence
thereof, including the concession thereby granted by the Authority,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 Concessionaire either by issue of the LOA or
entering into of the Concession Agreement, and if the Selected Bidder has
already been issued the LOA or the SPV has entered into the Concession
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
Concessionaire, as the case may be, without the Authoritybeing liable in any
manner whatsoever to the Selected Bidder or the Concessionaire. In such an
event, the Authority shall be entitled to forfeit and appropriate the BidSecurity or
Performance Security, as the case may be, as Damages, withoutprejudice to
any other right or remedy that may be available to the Authorityunder this
RFP, the Bidding Documents, the Concession Agreement or otherwise.
B. DOCUMENTS
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2.7.1 This RFP comprises the Disclaimer setforth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.9.
Appendices
IA Letter comprising theTechnical Bid including Annexure I to VI
IB Letter comprising the Financial Bid
II. Bank Guarantee for Bid Security
III. Power of Attorney for signing of Bid
IV. Power of Attorney for Lead Member of Consortium
V. Joint Bidding Agreement for Consortium
VI. Integrity Pact
VII. Certificate regarding Compliance with Restrictions under Rule 144
(xi) of the General Financial Rules (GFRs)
VIII. Surety Bond for Bid Security
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
or by fax and e-mail in accordance with Clause 1.2.11. They should send in their
queries before the date mentioned in the Schedule of Bidding Process specified in
Clause 1.3. The Authority shall endeavour to respond to the queries within the
period specified therein, but no later than 15 (fifteen) days prior to the Bid Due
Date. The responses will be sent by fax or e-mail. The Authority will forward all
the queries and its responses thereto, to all Bidders without identifying the source
of queries.
2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to
any question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the Authority to respond
to any question or to provide any clarification.
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2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Bidders. All clarifications and
interpretations issued by the Authority shall be deemed to be part of the 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.
2.9.1 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 in writing and shall be send to all the
Bidders.
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, at its own discretion, extend
the Bid Due Date$.
2.10.1 The Bidder shall provide all the information sought under this RFP. The
Authority will evaluate only those Bids that are received online in the required
formats and complete in all respects.However, Bid Security, Power of Attorney for
signing of Bid, Power of Attorney for lead member of Consortium, if any, Joint
Bidding Agreement for Consortium, if any, Integrity Pact, and experience
certificates apostile at foreign origin, if anyand other documents required as per
clause 2.11.2 of RFP, shall be submitted physically in original by the Lowest Bidder
(including all of its ConsortiumMembers) before issuance of Letter of Award (LOA)
by the Authority. However, while submitting Bid Security via Account Payee
demand draft or Banker‟s cheque, it is to be ensured by the Bidder that Account
Payee demand draft or Banker‟s cheque are submitted physically latest within 5-
working days of the Bid Due Date (upto 1100 hours IST). Lowest Bidder (including
all of its Consortium Members) failing to submit the original documents required as
per above shall be unconditionally debarred from bidding in MoRTH projects for a
period of 5 years..
$
While extending the Bid Due Date on account of an addendum, the Authority shall have due regard for the
time required by Biddersto address the amendments specified therein. In the case of significant
amendments, at least 15 (fifteen) days shall be providedbetween the date of amendment and the Bid Due
Date, and in the case of minor amendments, at least 7 (seven) days shall be provided.
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2.10.2 The Bidshall 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 initialled by the person(s) signing the Bid.
2.11.1 The Bidder shall submit the Technical Bid& Financial Bid online through e-
procurement portalhttp://eprocure.gov.in/eprocure/appcomprising of the following
documents along with supporting documents as appropriate:
Technical Bid
Financial Bid
Self-Certification:
Self- certification by the Bidder that its Bid meets the Local Content requirement for
„Class – I Local supplier‟/ „Class – II Local supplier‟, as the case may be. The Self-
certification shall also have details of the location(s) at which the local value addition
is made. In case, bidder do not submit the aforesaid Certification, the bidder will be
summarily treated as „Non Local Supplier‟.
In case of procurement for a value in excess of Rs. 10 crores, the „Class – I Local
supplier‟ / „Class – II Local supplier‟ shall have to provide a Certificate from the
Statutory Auditor or Cost Auditor of the Company (in case of Companies) or from a
practicing Cost Accountant or practicing Chartered Accountant (in respect of
Suppliers other than Companies) giving the percentage of Local Content upon
Construction of the Project.
2.11.2 The Lowest Bidder shall submit the following documents physicallybefore
issuance of Letter of Award (LOA) by the Authority:
(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 Consortium
as per the format at Appendix-IV;
β
Appendix – IB shall be uploaded in a separate folder along with the financial quotation.
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(c) if applicable, Original Joint Bidding Agreement for Consortium as per the
format at Appendix-V;
(d) if applicable, Certificate/Copy of RFAQ eligibility limit assessed by
MoRTH;
(e) Bid Security of Rs8.58Crores (Rupees eight crore and fifty eight lakh only)
in the form of Insurance Surety Bond (issued by Insurance Company
authorized by Insurance Regulatory and Development Authority of India in
the format at Appendix-VIII), Account Payee Demand Draft, Banker‟s
Cheque or e-Bank Guaranteeαin the format at Appendix-II from a
Scheduled Bank.
(f) Deleted.
(g) Integrity pact on plain papershall be submitted by the Bidder with the RFP
Bid duly signed by Authorized signatory & shall be part of the Concession
Agreement;
(h) Deleted
(i) 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
MoRTH and amendments uploaded, if any.
(j) Original Statement of Legal Capacity as per format at Annexure V to
Appendix I.
(k) Original of Experience certificates apostile at foreign origin, if any.
(l) Certificate regarding Compliance with Restrictions under Rule 144 (xi) of
the General Financial Rules (GFRs) as per format given in Appendix-VII
shall be submitted by the Bidder with the RFP Bid duly signed by
Authorised signatory & shall be part of the Concession Agreement.
(m) Copy of Registration from the Competent Authority as defined in Public
Procurement Order No. F. No. 6/18/2019-PPD dated 23rd July 2020, if
applicable (to be submitted by the “Bidder from a country which shares a
land border with India”).
While submitting Bid Security via Account Payee demand draft or Banker‟s Cheque
it is to be ensured by the bidder that Account Payee demand draft or Banker‟s
Cheque are submitted physically latest within 5 working days of the Bid Due Date
(upto: 11:00 hrs) to the following address placed in a sealed envelope and bearing the
identification “Widening/up-gradation to four lane configuration of Shahjahanpur-
Bisalpur section from km 0.000 to km 47.026 of NH-731K on Hybrid Annuity Mode
in the state of Uttar Pradesh” Address: Ministry of Road Transport &
Highways,N.H. Bhawan, Biotech Chowk, Lucknow Ring Road, Vikas Nagar,
Lucknow – 226 022- Else the bid submitted will be rejected
2.11.3 The documents listed at clause 2.11.2shall be placedin an envelope, which shall
be sealed. The envelope shallclearly bear the identification“BID for the
Widening/up-gradation to four lane configuration of Shahjahanpur- Bisalpur
α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical Bank
Guarantee till 31st December 2023
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2.11.4 The envelope shall be addressed to one of the following officer and shall be
submitted at the respective address:
ATTN. OF : Mr. A.K. Pandey
DESIGNATION : Chief Engineer, Regional Office Lucknow
ADDRESS : Ministry of Road Transport & Highways,
N.H. Bhawan, Biotech Chowk, Lucknow Ring
Road, Vikas Nagar, Lucknow – 226 022
PHONE NO. : 011-0522-2967112
E-MAIL ADDRESS : piumorthprayagraj@gmail.com
2.11.5 If the envelopes 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. Lowest Bidder (including all of its Consortium Members) failing to submit
the original documents required as per clause 2.11.2 above shall be unconditionally
debarred from bidding in MoRTH projects for a period of 5 years.
2.11.6 Bids submitted by fax, telex, telegram or e-mail shall not be entertained andshall
be summarily rejected.
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2.14.1.3 If the firm / Consortium is already registered with e-tendering service provider
of the Authority, and validity of registration is not expired the firm /
Consortium 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 of the Authority http://eprocure.gov.in/eprocure/app from
25.09.2023to 14.11.2023(upto 1100 Hrs. IST).
2.14.1.5 Deleted.
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2.14.2.1 The Bidder may submit his Bid online following the instruction appearing on
the screen. A buyer manual containing the detailed guidelines for e-
procurement is also available on e-procurement portal of the Authority.
2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in
different files (in PDF or RAR format such that file size is not more than 30
MB) and uploaded during the on-line submission of BID.
2.14.3.1 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, a 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.
2.15.2 The Authority shall on-line open Technical Bids on 15.11.2023at1130 hours IST,
in the presence of the authorized representatives of the Bidders, who choose to
attend. The MoRTH will subsequently examine and evaluate the Bids in
accordance with the provisions of Section 3 of RFP.
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.
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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
anyreasons.
The Bids shall be valid for a period of not less than 120 (one hundred and twenty)
days from the Bid Due Date. The validity of Bids may be extended by mutual
consent of the respective Bidders and the Authority.
2.18 Confidentiality
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.
D. BID SECURITY
2.20.1 The Bidder shall furnish as part of its Bid, a Bid Security referred to in Clauses
2.1.6 and 2.1.7 hereinabove in the form of Insurance Surety Bond (issued by
Insurance Company authorized by Insurance Regulatory and Development
Authority of India in the format at Appendix-VIII), Account Payee Demand
Draft, Banker‟s Cheque or e-Bank Guaranteeα issued by nationalisedbank, or
aScheduled Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one
α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical Bank
Guarantee till 31st December2023
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2.20.2 Bid Security can also be in the form of a demand draft issued by a Scheduled Bank
in India, drawn in favour of the Authority and payable at Delhi (the “Demand
Draft”). The Authority shall not be liable to pay any interest on the Bid Security
deposit so made and the same shall be interest free.
2.20.3 Any Bid not accompanied by the Bid Security shall be summarily rejected by the
Authority as non-responsive.
2.20.4 Save and except as provided in Clauses 1.2.4 above, the Bid Security of unsuccessful
Bidders will be returned by the Authority, without any interest, as promptly as
possible on acceptance of the Bid of the Selected Bidder or when the Bidding
process is cancelled by the Authority, and in any case within 90 (ninety) days from
the Bid Due Date. Where Bid Security has been paid by Demand Draft, the refund
thereof shall be in the form of an account payee demand draft in favour of the
unsuccessful Bidder(s). Bidders may by specific instructions in writing to the
Authority give the name and address of the person in whose favour the said demand
draft shall be drawn by the Authority for refund, failing which it shall be drawn in
the name of the Bidder and shall be mailed to the address given on the Bid.
2.20.5 The Selected Bidder‟s Bid Security will be returned, without any interest, upon
the Concessionairesigning the Concession Agreement and furnishing
thePerformance 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 provisionsof the Concession Agreement.
2.20.6 The Authority shall be entitled to forfeit and appropriate the Bid Security as
Damages inter alia in any of the events specified in Clause 2.20.7 herein
below.TheBidder, by submitting its Bid pursuant to this RFP, shall be deemed to
have acknowledged and confirmed that the Authority will suffer loss and
damageonaccount of withdrawal of its Bid or for any other default by the Bidder
duringtheperiod of Bid validity as specified in this RFP.No relaxation of any
kindonBidSecurity shall be given to any Bidder.
α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical Bank
Guarantee till 31st December 2023
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2.20.7 The Bid Security shall be forfeited as Damages without prejudice to any other
right or remedy that may be available to the Authority under the Bidding
Documents and/or under the Concession Agreement, or otherwise, under the
following conditions:
c) If a Bidder withdraws its Bid during the period of Bid validity as specified in
this RFP and as extended by mutual consent of the respective Bidder(s) and
the Authority;
d) In the case of Selected Bidder, if it fails within the specified time limit –
In case the Selected Bidder, having signed the Concession Agreement, commits
any breach thereof prior to furnishing the Performance Security.
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SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING
& EVALUATION OF FINANCIAL BIDS
3.1.1 The Authority shall open the Technical Bids received online at 1130hours IST on
15.11.2023, at the placespecified in Clause 2.11.4and in the presence of the
Bidders who choose to attend.
3.1.2 The Authority will subsequently examine and evaluate the Bids in accordance with
the provisions set out in this Section 3.
3.1.3 To facilitate evaluation of Bids, the Authority may, at its sole discretion, seek
clarifications in writing from any Bidder regarding its Bid.
3.2.1 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 to V. However, those Bidders, whose RFAQ eligibility limit
assessed by Ministry is not less than the estimated cost of the Project, are
not required to submit Annexure II to IV of Appendix-IA. If RFAQ results
are not valid on the deadline for submission of the bids, then they have to
submit Annexure II to IV of Appendix-IA also;
(b) Deleted;
(c) Technical Bid is accompanied by the Bid Security as specified in Clause
2.1.6 and 2.1.7;
(d) Technical Bid is accompanied by the Power of Attorney as specified in
Clauses 2.1.8;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member
of Consortium and the Joint Bidding Agreement as specified in Clause
2.1.9, if so required;
(f) Technical Bid contain all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification;
(h) Integrity Pact as per format given in Appendix VI has been submitted by the
Bidder with the RFP Bid duly signed by Authorised signatory;
(i) Technical Bid contains proof of online payment of Rs. 90,000/-
(Rupeesninety thousand only) towards cost of Bid documentas Non-Tax
Receipt Portal i.e www.bharatkosh.gov.in in favour of Regional Pay &
Accounts Officer, Ministry of Road Transport & Highways, Lucknow (DDO
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Code : 235040).
(j) it is not non-responsive in terms hereof.
3.2.2 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.
3.3.1 Only those Bidders who meet the eligibility criteria specified in Clause 2.2.2
above shall qualify for evaluation under this Section 3. Bids of firms/ consortia
who do not meet these criteria shall be rejected.
3.4.1 Subject to the provisions of Clause 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 3.4.3 and
3.4.4 (the "Eligible Projects"):
hospitals, hotel, smart city, warehouses/silos, oil & gas,and real estate
development.Core sector will also include the projects with the title of
RIDF, PMGSY road, link road, city roads, rural road, sector/ municipality
road, real estate projects which demonstrate road development/
construction of bridges or culverts.$
III. 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.
3.4.2 Eligible Experience in respect of each category shall be measured only for
Eligible Projects.
(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;
$
Real estate development shall not include residential flats unless they form part of a real estate complex or
township which has been built by the Applicant.
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(b) the entity claiming experience should have held, in the company owing 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 Rs. 42.89Crore (Rupees
forty two crore and eighty nine lakh only); and
(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Application Due Date, have (i) paid for development of the
project (excluding the cost of land), and/ or (ii) collected and appropriated
the revenues from users availing of non-discriminatory access to or use of
fixed project assets, such as revenues from highways, airports, ports and
railway infrastructure, but shall not include revenues from sale or
provision of goods or services such as electricity, gas, petroleum products
telecommunications or fare/freight revenues and other incomes of the
company owning the Project.
3.4.4 For a project to qualify as an Eligible Project under Categories 3 and 4, the
Applicant should have paid for execution of its construction works or received
payments from its client(s) for construction works executed, fully or partially,
during the 5 (five) financial years immediately preceding the Bid Due Date, and
only the payments (gross) actually made or received, as the case may be, during
such 5 (five) financial years shall qualify for purposes of computing the
Experience Score. However, payments/receipts of less than Rs. 42.89Crore
(Rupeesforty two crore and eighty nine lakh only); shall not be reckoned as
payments/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 shall not be included hereunder.
3.4.5 The Bidders 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 Consortium) may have played multiple roles in the cited project.
Double counting for a particular Eligible Project shall not be permitted in any
form.
3.4.6 A Bidder‟s experience shall be measured and stated in terms of a score (the
"Experience Score"). The Experience Score for an Eligible Project in a given
category would be the eligible payments and/or receipts specified in Clause 2.2.2
(A), divided by one crore and then multiplied by the applicable factor in Table
3.4.6 below. In case the Bidder has experience across different categories, the
score for each category would be computed as above and then aggregated to arrive
at its Experience Score.
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Factor
Category 1 1.45
Category 2 1.0
Category 3 1.0
Category 4 0.70
3.4.7 The Experience Score determined in accordance with Clause 3.4.6 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.
3.4.8 Experience for any activity relating to an Eligible Project shall not be claimed by
two or more Members of the Consortium. In other words, no double counting by a
Consortium in respect of the same experience shall be permitted in any manner
whatsoever.
3.4.9 (a) The Experience Score of the Bidder shall be computed as a weighted average
of the Experience Score of a member and its proposed equity stake (%) in the
Consortium,
(b) Similarly, the Financial Score of the Bidder shall be computed as a weighted
average of the Financial Score of a member and its proposed equity stake (%)
in the Consortium
Provided that the financial strength or the experience score taken into assessment
will be only of those who contribute a minimum 26% share to the Consortium.
Illustration:
For illustration and avoidance of any doubts, the following method is placed in
clarification:
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(iii) 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.
(i) Among all the responsive bidder, whose assessed Bid Project Cost is the
lowest will be termed as L1 If L1 is „Class -I Local Supplier‟, the contract
will be awarded to L1.
(ii) If L1 is not „Class – I local supplier‟, the lowest bidder among the „Class
– I local supplier‟, will be invited to match L1 price subject to Class – I local
supplier‟s quoted price falling within the margin of purchase preference, and
the contract will be awarded to such „Class – I local supplier‟ subject to
matching the L1 price.
(iii) In case such lowest eligible „Class – I local supplier‟ fails to match the
L1 price, the „Class – I local supplier‟ with the next higher bid within the
margin of purchase preference shall be invited to match the L1 price and so
on and contract shall be awarded accordingly. In case none of the „Class – I
local supplier‟ within the margin of purchase preference matches the L1
price, the contract shall be awarded to the L1 bidder.
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3.8.2 In the event that, the assessed Bid Project cost of two or more Bidders is the
same (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
3.8.3 In the event that the Lowest Bidder is not selected for any reason, 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.
3.8.4 After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate,by
the Authority to the Selected Bidder and the Selected Bidder shall by the
next day ofissuance of the LOA, sign and return the duplicate copy of theLOA in
acknowledgement thereof. In the event the duplicate copy of the LOAduly
signed by the Selected Bidder is not received by the stipulated
date,theAuthority may, unless it consents to extension of time for submission
thereof,appropriate the Bid Security ofsuch Bidder as Damages on account of
failure of the Selected Bidder to acknowledge theLOA.
3.8.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall
cause the Bidder to execute the Agreement within the period prescribed in Clause
1.3. The Selected Bidder shall not be entitled to seek any deviation, modification
oramendment in the Agreement.
3.12 The Authority reserves the right not to proceed with the Bidding Process at any time
without notice or liability and to reject any or all Bid(s) without assigning any
reasons.
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SECTION-4
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, directlyor indirectly or through an
agent, engaged in corrupt practice, fraudulentpractice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process. In such an
event, the Authority shall be entitled to forfeit and appropriate the Bid Security or
Performance Security, as the case may be, as Damages, without prejudice to
any other right or remedy that may be available to the Authority under the
Bidding Documents and/ or the Agreement, orotherwise.
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, at the sole and
absolute discretion of the Authority, shall not be eligible to participate in any
tender or RFP issued by the Authority during a period of 2 (two) years from the
date such Bidder, or Contractor, as the case may be, is found by the Authority to
have directly or indirectly or through an agent, engaged or indulged in any
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practices, as the case may be.
4.3 For the purposes of this Section 4, the following terms shall have the
meaninghereinafter respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions of
any person connected with the Bidding Process (for avoidance of
doubt, offering of employment to or employing or engaging in any
manner whatsoever, directly or indirectly, any official of the Authority
who is or has been associated in any manner, directly or indirectly, with
the Bidding Process or the LOA or has dealt with matters concerning
the Agreement or arising therefrom, before or after the execution
thereof, at any time prior to the expiry of one year from the date such
official resigns or retires from or otherwise ceases to be in the service
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SECTION-5
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 tworepresentatives 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.
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SECTION-6
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
BiddingProcess.
6.2 The Authority, in its sole discretion and without incurring any obligation
orliability, reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/
orsupplement the Bidding Process or modify the dates or other terms
andconditions relating thereto;
(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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APPENDIX IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.5, 2.11 and 3.2)
Dear Sir,
1. With reference to your RFP document dated $I/we, having examined the RFP
document and understood its contents, hereby submit my/our Bid for the aforesaid
project. The Bid is unconditional and unqualified.
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 three years, we/ any of the Consortium Members or
our/ their Associates have neither failed to perform on any contract, as evidenced
by imposition of a penalty by an arbitral or judicial authority or a judicial
$
All blank spaces shall be suitably filled up by the Applicant to reflect the particulars relating to such
Applicant.
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7. I/ We declare that:
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP document, 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.
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 Consortium/ proposed Consortium satisfy(ies) the Net
Worth criteria and meet(s) all the requirements as specified in the RFP document.
10. I/ We declare that we/ any Member of the Consortium, or our/ its Associates are
not a Member of a/ any other Consortium submitting a Bid for this Project.
11. I/ We certify that in regard to matters other than security and integrity of the
country, we/ any Member of the Consortium or any of our/ their Associates 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.
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12. I/ We further certify that in regard to matters relating to security and integrity of
the country, we/ any Member of the Consortium or any of our/ their Associates
have not been charge-sheeted by any agency of the Government or convicted by a
Court of Law.
14. I/ We further certify that we are qualified to submit a Bid in accordance with the
guidelines for qualification of bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment issued by the GOI vide
Department of Disinvestment OM No. 6/4/2001-DD-II dated 13th July, 2001
which guidelines apply mutatis mutandis to the Bidding Process. A copy of the
aforesaid guidelines form part of the RFP at Appendix-VI 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 provisions of this RFP, we shall intimate the Authority of the same
immediately.
(b) I/We hereby confirm that we [are in compliance of/ shall comply with] the
O&M requirements specified in Clause 2.2.3.
16. I/We acknowledge and undertake that our Consortium is qualified on the basis of
Technical Capacity and Financial Capacity of those of its Members who shall, for
the period of 6 (six) months from the date of commercial operation of the Project,
hold equity share capital not less than: (i) 26% (twenty six percent) of the
subscribed and paid up equity of the Concessionaire; and (ii) 5% (five percent) of
the Total Project Cost specified in the Concession Agreement. We further agree
and acknowledge that the aforesaid obligation shall be in addition to the
obligations contained in the Concession Agreement in respect of Change in
Ownership.
17. I/We acknowledge and agree that in the event of a change in control of an
Associate whose Technical Capacity and/ or Financial Capacity shall be taken into
consideration for the purposes of selection as Concessionaire under and in
accordance with the RFP, I/We shall inform the Authority forthwith along with all
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relevant particulars and the Authority may, in its sole discretion, disqualify our
Consortium or withdraw the Letter of Award, as the case may be. I/We further
acknowledge and agree that in the event such change in control occurs after
signing of the Concession Agreement but prior to Financial Close of the Project, it
would, notwithstanding anything to the contrary contained in the Agreement, be
deemed a breach thereof, and the Concession Agreement shall be liable to be
terminated without the Authority being liable to us in any manner whatsoever.
18. I/ We understand that the Selected Bidder shall either be an existing Company
incorporated under the Indian Companies Act, 1956/2013, or shall incorporate as
such prior to execution of the Concession Agreement.
19. 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.
20. In the event of my/ our being declared as the Selected Bidder, I/We agree to enter
into a Concession 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.
21. 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 setforth in the Concession 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 Concession.
22. I/We offer a Bid Security of Rs. 8.58Crore (Rupees eight crore and fifty eight lakh
only) to the Authority in accordance with the RFP Document.
23. The Bid Security in the form of Insurance Surety Bond / Account Payee Demand
Draft/ Banker‟s Cheque / e-Bank Guaranteeα(strikeout whichever is not
applicable) is attached.
24. The documents accompanying the Technical Bid, as specified in Clause 2.11.2 of
the RFP, shall be submitted in a separate envelope and marked as “Enclosures of
the Bid”.
α
Notwithstanding anything contained in this RFP, the Bid Security shall also be acceptable as physical Bank
Guarantee till 31st December 2023
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25. 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 / Concession is not awarded to me/us or our Bid is not opened or
rejected.
26. The Bid Project Cost has been quoted by me/us after taking into consideration all
the terms and conditions stated in the RFP, draft Concession 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.
27. I/ We agree and undertake to abide by all the terms and conditions of the RFP
document.
28. {We, the Consortium Members agree and undertake to be jointly and severally
liable for all the obligations of the Concessionaire under the Concession
Agreement till occurrence of Financial Close in accordance with the Concession
Agreement.}
29. I/ We certify that in terms of the RFP, my/our Networth is Rs. ……………….. (Rs.
in words) and Experience Score is …………………….. (number in words).
30. I/We shall keep this offer valid for 120 (one hundred and twenty) days from the
Bid Due Date specified in the RFP.
31. I/ We hereby submit our Bid as indicated in Financial Bid for undertaking the
aforesaid Project in accordance with the Bidding Documents and the Concession
Agreement
32(a) The EPC contractor/s who would be executing EPC works of the Project are
…………,…………, ………….and it is confirmed that these contractors meet the
minimum criterion set out in our RFP for this Project.
(b) It is irrevocably agreed that the value of any contract for the EPC works awarded
shall not be less than 20% of the TPC or 500 crore, whichever is less.
(c) It is also agreed that any change ofEPC contractor(s) would with be prior written
approval of the Authority. We agree that the Authority shall grant such permission
only and only if the substitute proposed is of the required technical capability as
applicable.
In witness thereof, I/we submit this Bid under and in accordance with the terms of the
RFP document.
Yours faithfully,
Date:
(Signature of the Authorised signatory)
Place:
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APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.5, 2.11.1 and 3.2)
Dear Sir,
With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our Bid for the aforesaid
Project. The Bid is unconditional and unqualified.
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 Concession 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
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Yours faithfully,
2
Bid Project Cost is the project cost as assessed by the Bidder as on the Bid Due Date.
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Appendix IA
Annex-I
Details of Bidder
(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 Company 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:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
5. In case of a Consortium:
(a) The information above (1-4) should be provided for all the Members of the
Consortium.
(b) A copy of the Joint Bidding Agreement, as envisaged in Clause 2.1.15 (g)
should be attached to the Application.
(c) Information regarding the role of each Member should be provided as per
table below:
Appendix IA
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Annex-I
(d) The following information shall also be provided for each Member of the
Consortium:
6. (a) I/ We certify that in the last two years, we/ any of the JV partners or Members
of Consortium 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 or Members of Consortium do not fall in
any of the categories of being a Non-Performing entity given at Clause 2.1.23 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.
$
All provisions contained in curly parenthesis shall be suitably modified by the Bidder to reflect the
particulars relating to such Bidder.
£
or has been declared by the Authority as non performer/blacklisted.
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Appendix IA
Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2(A), 3.4 and 3.5 of the RFP)
Bidder type Proposed Member Project Cate- Experience¥ Experience
#
Equity Code* Code** gory$ (Equivalent Rs. crore)$$ Score£
Shareholdi Payments Payments Revenues
ng in made/ made for appropriated
Consortium received for development from Eligible
(%) construction of Eligible Projects in
of Eligible Projects in Categories 1
Projects in Categories 1 and 2
Categories 3 and 2
and 4
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Single A
entity B
Bidder C
D
Consortium 1a
Member 1 1b
1c
1d
Consortium 2a
Member 2 2b
2c
2d
Consortium 3a
Member 3 3b
3c
3d
Consortium 4a
Member 4 4b
4c
4d
Aggregate Experience Score =
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Appendix IA
Annex-II
@
Provide details of only those projects that have been undertaken by the Bidder under
its own name and/ or by an Associate specified in Clause 2.1.18 and/ or by a project
company eligible under Clause 3.4.3(b). In case of Categories 1 and 2, include only
those projects which have an estimated capital cost exceeding the amount specified in
Clause 3.4.3(c) and for Categories 3 and 4, include only those projects where the
payments made/received exceed the amount specified in Clause 3.4.4. In case the Bid
Due Date falls within 3 (three) months of the close of the latest financial year, refer to
Clause 2.1.21.
#
A Bidder consisting of a single entity should fill in details as per the row titled Single
entity Bidder and ignore the rows titled Consortium Member. In case of a Consortium,
the row titled Single entity Bidder may be ignored. In case credit is claimed for an
Associate, necessary evidence to establish the relationship of the Bidder with such
Associate, in terms of Clause 2.1.18, shall be provided.
* Member Code shall indicate NA for Not Applicable in case of a single entity Applicant.
For other Members, the following abbreviations are suggested viz. LM means Lead
Member, TM means Technical Member, FM means Financial Member, OMM means
Operation & Maintenance Member, OM means Other Member.
** Refer Annex-IV of this Appendix-IA. Add more rows if necessary.
$
Refer Clause 3.4.1.
¥ In the case of Eligible Projects in Categories 1 and 2, the figures in columns 7 and 8
may be added for computing the Experience Score of the respective projects.In the
case of Categories 3 and 4, 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 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 60
(sixty) to a US Dollar. In case of any other currency, the same shall first be converted
to US Dollars as on the date 60 (sixty) days prior to the Bid Due Date, and the amount
so derived in US Dollars shall be converted into Rupees at the aforesaid rate. The
conversion rate of such currencies shall be the daily representative exchange rates
published by the International Monetary Fund for the relevant date.
£
Divide the amount in the Experience column by one crore and then multiply the result
thereof by the applicable factor set out in Table 3.4.6 and in case of a Consortium,
further multiply the result thereof by the proposed equity shareholding of the
applicable Member, to arrive at the Experience Score for each Eligible Project. 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 3.4.7, and the product thereof shall be the Experience Score for such Eligible
Projects. Above all, the sum total of columns 6, 7 and 8, as the case may be, in respect
of each Eligible Project shall be restricted to a ceiling equivalent to the Estimated
Project Cost, as specified in Clause 3.4.8.
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Appendix IA
Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2(B), 2.2.4 (ii) and 3.6 of the RFP)
Consortium
Member 1
Consortium
Member 2
Consortium
Member 3
Consortium
Member 4
TOTAL
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Appendix IA
Annex-III
Instructions:
1. The Bidder/ its constituent Consortium Members shall attach copies of the balance
sheets, financial statements and Annual Reports for 5 (five) years preceding the
Bid Due Date. The financial statements shall:
(a) reflect the financial situation of the Bidder or Consortium Members and
its/ their Associates where the Bidder is relying on its Associate‟s
financials;
(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).
3. Net Worth shall mean 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 loses, 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 2.1.21.
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 2.2.4 (ii) of the RFP document.
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Appendix I
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2(A), 3.4 and 3.5 of the RFP)
Instructions:
2. For a single entity Bidder, the Project Codes would be a, b, c, d etc. In case the
Bidder is a Consortium then forMember 1, the Project Codes would be 1a, 1b, 1c,
1d etc., for Member 2 the Project Codes shall be 2a, 2b, 2c, 2d etc., and so on.
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11. Experience for any activity relating to an Eligible Project shall not be claimed by
two or more Members of the Consortium. In other words, no double counting by a
Consortium in respect of the same experience shall be permitted in any manner
whatsoever.
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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/ Member/Associate 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:
Based on its books of accounts and other published information authenticated by it, {this
is to certify that …………………….. (name of the Bidder/Member/Associate) 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 ……………. (name of the
Bidder/ Member/ Associate) received/paid Rs. ……….. cr. (Rupees
…………………………… crore) by way of payment for the aforesaid construction
works.
We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Bidder/Member/Associate received/paid
Rs. ……… cr. (Rupees ……………………… crore), in terms of Clauses 3.4.1 and 3.4.4
of the RFP, during the past five financial years as per year-wise details noted below:
………………………
………………………
{It is further certified that the payments/ receipts indicated above are restricted to the
share of the Bidder who undertook these works as a partner or a member of joint venture/
Consortium.}
15. In the event that credit is being taken for the Eligible Experience of an Associate,
as defined in Clause 2.1.18, the Bidder should also provide a certificate in the
format below:
Based on the authenticated record of the Company, this is to certify that more than 50%
(fifty per cent) of the subscribed and paid up voting equity of ……………… (name of the
Associate) is held, directly or indirectly£, by ……………….. (name of Bidder /
Consortium Member). By virtue of the aforesaid share-holding, the latter exercises control
In case the Bidder owned the Eligible Project and engaged a contractor for undertaking the construction
works, this language may be modified to read: “ this is to certify that …………… (name of Bidder/
Member/ Associate) held 26% or more of the paid up and subscribed share capital in the…………….
(name of Project company) when it undertook construction of the ………………. (name of Project)
through………………… (name of the contractor).
This certification should only be provided in case of jobs/ contracts, which are executed as part of a
partnership/ joint venture/ consortium. The payments indicated in the certificate should be restricted to the
share of Bidder in such partnership/ joint venture/ consortium. This portion may be omitted if the contract
did not involve a partnership/ joint venture/ consortium. In case where work is not executed by partnership/
joint venture/ consortium, this paragraph may be deleted.
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over the former, who is an Associate in terms of Clause 2.1.18 of the RFP.
A brief description of the said equity held, directly or indirectly, is given below:
$
In the event that the Bidder/ Consortium Member exercises control oven an Associate
by operation of law, this certificate may be suitably modified and copies of the
relevant law may be enclosed and referred to.
£
In the case of indirect share-holding, the intervening companies in the chain of
ownership should also be Associates i.e., the share-holding in each such company
should be more than 50% in order to establish that the chain of “control” is not broken.
16. 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 Score.
Refer Clause 3.4.6 of the RFP.
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Appendix IA
Annex-V
ANNEX-V
Statement of Legal Capacity
Ref. Date:
To,
Thanking you,
Yours faithfully,
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APPENDIX-IA
Annexure VI
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
th
Dated 13 July, 2001.
OFFICE MEMORANDUM
(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.
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(d) Any entity, which is disqualified from participating in the disinvestment process,
would not be allowed to remain associated with it or get associated merely because
it has preferred an appeal against the order based on which it has been disqualified.
The mere pendency of appeal will have no effect on the disqualification.
(e) The disqualification criteria would come into effect immediately and would apply
to all bidders for various disinvestment transactions, which have not 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.
sd/-
(A.K. Tewari)
Under Secretary to the Government of India
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APPENDIX – II
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
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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 setforth 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. 8.58Crore (Rupees eight crore and fifty
eight lakh only).
4. This Guarantee shall be irrevocable and remain in full force for a period of 120
(one hundred and twenty) days from the Bid Due Date and a claim period of 60
(sixty) days or for such extended period as may be mutually agreed between the
Authority and the Bidder, and agreed to by the Bank, and shall continue to be
enforceable till all amounts under this Guarantee have been paid.
5. We, the Bank, further agree that the Authority shall be the sole judge to decide as
to whether the Bidder is in default of due and faithful fulfilment and compliance
with the terms and conditions contained in the Bidding Documents including, inter
alia, the failure of the Bidder to keep its Bid open during the Bid validity period
set forth in the said Bidding Documents, and the decision of the Authority that the
Bidder is in default as aforesaid shall be final and binding on us, notwithstanding
any differences between the Authority and the Bidder or any dispute pending
before any Court, Tribunal, Arbitrator or any other Authority.
6. The Guarantee shall not be affected by any change in the constitution or winding
up of the Bidder or the Bank or any absorption, merger or amalgamation of the
Bidder or the Bank with any other person.
7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat
the Bank as the principal debtor. The Authority shall have the fullest liberty
without affecting in any way the liability of the Bank under this Guarantee from
time to time to vary any of the terms and conditions contained in the said Bidding
Documents or to extend time for submission of the Bids or the Bid validity period
or the period for conveying acceptance of Letter of Award by the Bidder or the
period for fulfillment 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
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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.
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. 8.58Crore(Rupees eight crore and fifty eight lakh only). The
Bank shall be liable to pay the said amount or any part thereof only if the
Authority serves a written claim on the Bank in accordance with paragraph 9
hereof, on or before *** (indicate date falling 180 days after the Bid Due Date).
14. This guarantee shall also be operatable at our ………….Branch 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.
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 MoRTH,the details of which are as follows:
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APPENDIX-III
Format for Power of Attorney for signing of Bid
(Refer Clause 2.1.8)
Know all men by these presents, We, ……………………… (name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint and
authorize Mr. / Ms (Name), son/daughter/wife of ………………………….. and
presently residing at ………………………., who is presently employed with us/ the Lead
Member of our Consortium and holding the position of ………………………………, as
our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name
and on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our bid for theWidening/up-gradation to
four lane configuration of Shahjahanpur- Bisalpur section from km 0.000 to km 47.026 of
NH-731K on Hybrid Annuity Mode in the state of Uttar PradeshProject proposed or
being developed by the Ministry of Road Transport & Highways through Regional
Office, Lucknow, Uttar Pradesh represented by CHIEF ENGINEER, REGIONAL
OFFICE, LUCKNOW, Uttar Pradesh (the “Authority”) including but not limited to
signing and submission of all applications, bids and other documents and writings,
participate in bidders' 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 Concession 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 till the entering into of the Concession Agreement 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.
For ……………………………..
Witnesses:
1.
2.
Notarised
Notarised
Person identified by me/personally appeared before me
/signed before me/Attested/Authenticated*
(*Notary to specify as applicable)
(Signature, Name and Address of the Notary)
Seal of the Notary
Registration Number of the Notary
Date_______________
Accepted
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.
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APPENDIX-IV
Format for Power of Attorney for Lead Member of Consortium
(Refer Clause 2.1.9)
Whereas the Ministry of Road Transport & Highways through Regional Office,
Lucknow, Uttar Pradesh represented by CHIEF ENGINEER, REGIONAL OFFICE,
LUCKNOW, Uttar Pradesh (“the Authority”) has invited bids from interested parties for
theWidening/up-gradation to four lane configuration of Shahjahanpur- Bisalpur section
from km 0.000 to km 47.026 of NH-731K on Hybrid Annuity Mode in the state of Uttar
Pradesh(“the Project”).Whereas, ………………., …………….. and …………………..
(collectively the “Consortium”) being Members of the Consortium are interested in
bidding for the Project in accordance with the terms and conditions of the Request for
Proposal and other connected documents in respect of the Project, and
Whereas, it is necessary for the Members of the Consortium to designate one of them as
the Lead Member with all necessary power and authority to do for and on behalf of the
Consortium, all acts, deeds and things as may be necessary in connection with the
Consortium‟s bid for the Project and its execution.
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by our said Attorney in exercise of the powers hereby conferred shall and shall always be
deemed to have been done by us/ Consortium.
For ……………….
(Signature, Name & Title)
For ……………….
(Signature, Name & Title)
For ……………….
Witnesses:
1.
2.
(Executants)
(To be executed by all the Members of the Consortium)
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 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.
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APPENDIX V
Format for Joint Bidding Agreement for Consortium
(Refer Clause 2.1.9 & 2.1.15(g))
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of
………… 20…
AMONGST
AND
AND
The above mentioned parties of the FIRST, {SECOND and THIRD} PART are
collectively referred to as the “Parties” and each is individually referred to as a “Party”
WHEREAS,
(A) THE Ministry of Road Transport & Highways through Regional Office, Lucknow,
Uttar Pradesh represented by CHIEF ENGINEER, REGIONAL OFFICE,
LUCKNOW, Uttar Pradesh (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
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section from km 0.000 to km 47.026 of NH-731K in the state of Uttar Pradeshon
Hybrid Annuity Mode(the “Project”) through public private partnership.
(B) The Parties are interested in jointly bidding for the Project as members of a
Consortium and in accordance with the terms and conditions of the RFP document
and other bid documents in respect of the Project, and
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(C) It is a necessary condition under the RFP document that the members of the
Consortium shall enter into a Joint Bidding Agreement and furnish a copy thereof
with the Bid.
In this Agreement, the capitalised terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the RFP.
2. Consortium
2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”) 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 Consortium and not individually and/ or through any other consortium
constituted for this Project, either directly or indirectly or through any of their
Associates.
3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the
selected Bidder and awarded the Project, it shall incorporate a special purpose
vehicle (the “SPV”) under the Indian Companies Act 1956/2013 for entering into a
Concession Agreement with the Authority and for performing all its obligations as
the Concessionaire in terms of the Concession Agreement for the Project.
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 Consortium and shall have
the power of attorney from all Parties for conducting all business for and on behalf
of the Consortium during the Bidding
Process and until the Appointed Date under the Concession Agreement when all
the obligations of the SPV shall become effective;
(b) Party of the Second Part shall be {the Technical Member of the Consortium ;}
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{(c) Party of the Third Part shall be the Financial Member of the Consortium; and}
{(d) Party of the Fourth Part shall be the Operation and Maintenance Member/ Other
Member of the Consortium.}
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 Concession Agreement, till such time as the Financial Close for
the Project is achieved under and in accordance with the Concession Agreement.
The Parties agree that the proportion of shareholding among the Parties in the SPV
shall be as follows:
First Party:
Second Party:
{Third Party:}
{Fourth Party:}
6.2 The Parties undertake that a minimum of 26% (twenty six per cent) of the
subscribed and paid up equity share capital of the SPV shall, at all times till 06
(six) months from the commercial operation of the Project, be held by the Parties
of the First, {Second and Third} Part whose experience and networth have been
reckoned for the purposes of qualification and short-listing of Applicants for the
Project in terms of the RFP.
6.3 The Parties undertake that each of the Parties specified in Clause 6.2 above shall, at
all times between the commercial operation date of the Project and six months
thereof, hold subscribed and paid up equity share capital of SPV equivalent to at
least 5% (five per cent) of the Total Project Cost.
6.4 The Parties undertake that they shall collectively hold at least 51% (fifty one per
cent) of the subscribed and paid up equity share capital of the SPV at all times until
06 (six) months from the commercial operation date of the Project.
6.5 The Parties undertake that they shall comply with all equity lock-in requirements
set forth in the Concession Agreement.
6.6 The Parties undertake that the O&M Member shall subscribe and hold at least 10%
(ten per cent) of the subscribed and paid up equity shares in the SPV in terms of the
Concession Agreement.}
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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 Consortium
Member is annexed to this Agreement, and will not, to the best of its knowledge:
(c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge, threatened
to which it or any of its Affiliates is a party that presently affects or which would
have a material adverse effect on the financial condition or prospects or business
of such Party in the fulfillment of its obligations under this Agreement.
8. Termination
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This Agreement shall be effective from the date hereof and shall continue in full
force and effect until the Financial Close of the Project is achieved under and in
accordance with the Concession Agreement, in case the Project is awarded to the
Consortium. However, in case the Consortium is either not pre-qualified for the
Project or does not get selected for award of the Project, the Agreement will stand
terminated in case the Applicant is not pre-qualified or upon return of the Bid
Security by the Authority to the Bidder, as the case may be.
9. Miscellaneous
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by
the Parties without the prior written consent of the Authority.
(Signature) (Signature)
(Name) (Name)
Designation) (Designation)
Address) (Address)
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
1. 2.
Notes:
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 Consortium Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document shall
be legalised by the Indian Embassy and notarized in the jurisdiction where the
Power of Attorney has been executed.
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APPENDIX VI
Integrity pact (Refer clause 4.4)
(To be executed on the plain paper and submitted alongwith Technical Bid/ Tender
documents for tenders having a value of Rs. 5 crore or more. To be signed by the bidder
and same signatory competent/ authorized to sign the relevant contract on behalf of the
MoRTH)
(__________________Division)
Tender No.________________
BETWEEN
President of India through Ministry of Road Transport & Highways, Government of India
represented by Director General (Road Development) & Special Secretary, Nirman
Bhawan, 96-MG Road, Lucknow 226 001, hereinafter referred to as "The Principal",
which expression shall, unless repugnant to the meaning of contract thereof, include its
successors and permitted assigns)
AND
Whereas, the Principal intends to award, under laid down organizational procedure,
contract/s for “Widening/up-gradation to four lane configuration of Shahjahanpur-
Bisalpur section from km 0.000 to km 47.026 of NH-731K on Hybrid Annuity Mode
in the state of Uttar Pradesh”. The Principal values full compliance with all relevant
laws of the land, rules of land, regulations, economic use of resources and of fairness/
transparency in its relations with its Bidder(s) and for Contractor(s)/ Concessionaire(s)/
Consultant(s).
And Whereas in order to achieve these goals, the Principal will appoint an Independent
External Monitors (IEMs), who will monitor the tender process and the execution of the
contract for compliance with the Principles mentioned above.
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as "Integrity Pact") the terms and conditions of which
shall also be read as integral part and parcel of the Tender documents and contract
between the parties.
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Now, therefore, in consideration of mutual covenants stipulated in this pact, the parties
hereby agree as follows and this pact witnesses as under:
(1) The Principal commits itself to take all measures necessary to prevent corruption
and to observe the following principles:-
(b) The Principal will, during the Tender process treat all Bidder(s) with
equity and reason. The Principal will in particular, before and during the
Tender process, provide to all Bidder(s) the same information and will not
provide to any Bidder(s) confidential/ additional information through
which the Bidder(s) could obtain an advantage in relation to the tender
process or the contract execution.
(c) The Principal will exclude all known prejudiced persons from the process.
(2) If the Principal obtains information on the conduct of any of its employees which
is a criminal offence under the IPC/PC Act or any other Statutory Acts or if there
be a substantive suspicion in this regard, the Principal will inform the Chief
Vigilance Officer and in addition can initiate disciplinary actions as per its
internal laid down Rules/Regulations.
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(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.
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(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
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(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.
(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.
(2) The Principal will enter into agreements with identical conditions as this one
with all Bidders/ Contractors/ Concessionaires/ Consultants and subcontractors.
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(3) The Principal will disqualify from the tender process all Bidders who do not sign
this Pact or violate its provisions.
(1) The Principal has appointedSmt. Gauri Kumar, IAS (Retd.), Sh. Ashish
Bhauguna, (IAS Retd.) and Sh. Animesh Chauhan (Ex-MD & CEO, Oriental
Bank of Commerce)as Independent External 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
theDirector General (Road Development) & Special Secretary.
(4) The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
The Monitor has also signed on „Non-disclosure of Confidential Information‟
and of „Absence of Conflict of Interest‟. In case of any conflict of interest arising
at a later date, the IEM shall inform Director General (Road Development) &
Special Secretaryand recuse himself/ herself from that case.
(5) The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings could
have an impact on the contractual relations between the Principal and the
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(6) As soon as the Monitor notices, or believes, to notice any transgression as given
in Article-2, he may request the Management of the Principal to take corrective
action, or to take relevant action. The monitor can in this regard submit non-
binding recommendations. Beyond this, the Monitor has no right to demand
from the parties that they act in a specific manner, refrain from action or tolerate
action.
(7) The Monitor will submit a written report to the 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.
(8) If the Monitor has reported to the Director General (Road Development) &
Special Secretary, a substantiated suspicion of an offence under relevant IPC/PC
Act or any other Statutory Acts, 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.
(9) The word 'Monitor' would include both singular and plural.
This Pact begins when both parties have legally signed it (in case of EPC i.e. for
projects funded by Principal and consultancy services). It expires for the
Contractor/ Consultant 12 months after his Defect Liability Period is over or 12
months after his last payment under the contract whichever is later and for all
other unsuccessful Bidders 6 months after this Contract has been awarded. (In
case of BOT Projects) It expires for the concessionaire 24 months after his
concession period is over and for all other unsuccessful Bidders 6 months after
this Contract has been awarded. Any violation of the same would entail
disqualification of the bidder and exclusion from future dealings.
If any claim is made/ lodged during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged/ determined by Director General (Road Development) & Special
Secretary.
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(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
(5) Issue like warranty / Guarantee etc. shall be outside the purview of IEMs.
(6) In the event of any contradiction between the Integrity Pact and its Annexure, the
clause in integrity pact shall prevail.
(7) Any disputes/ differences arising between the parties with regard to term of this
pact, any action taken by the Principal in accordance with this Pact or
interpretation thereof shall not be subject to any Arbitration.
(8) The actions stipulated in this Integrity Pact are without prejudice to any other
legal action that may follow in accordance with the provision of the extent law in
force relating to any civil or criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and date
first done mentioned in the presence of following witness:-
……………………………………. ……………………………………..
For & on behalf of the Principal For & On behalf of Bidder/
Contractor/ Concessionaire/
(Office Seal) Consulting
Place……………
Date………….…
Witness 1:
(Name & Address) ________________
________________
________________
Witness 2:
(Name & Address) ________________
________________
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Appendix-VII
(To be on the letter of the Bidder/ Each Member of the Consortium)
Certificate regarding Compliance with Restrictions under Rule 144 (xi) of the
General Financial Rules (GFRs)
The Chief Engineer - Regional Office, Lucknow
MoRTH
N.H. Bhawan, Biotech Chowk, Lucknow Ring Road
Vikas Nagar, Lucknow – 226 022
Notes:
{Where applicable, evidence of valid registration by the Competent Authority shall be
attached}
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In case the above certification is found to be false, this would be a ground for immediate
rejection of Bid/termination and further legal action in accordance with law.
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Appendix-VIII
Surety Bond for Bid Security
(Refer Clauses 2.1.6 and 2.20.1)
S.B. No. Dated:
ii. 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 Surety Insurer.
iii. We, the Surety Insurer, do hereby unconditionally undertake to pay the amounts due and
payable under this Surety Bond 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 Surety Insurer shall be conclusive as
regards amount due and payable by the Surety Insurer under this Surety Bond.
However, our liability under this Surety Bond shall be restricted to an amount not
exceeding Rs. 8.58Crore (Rupees eight crore and fifty eight lakh only).
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iv. This Surety Bond shall be irrevocable and remain in full force for a period of 120 (one
hundred and twenty) days from the Bid Due Date and 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 Surety Insurer, and shall continue to be enforceable till all
amounts under this Surety Bond have been paid.
v. We, the Surety Insurer, 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.
vi. The Surety Bond shall not be affected by any change in the constitution or winding up
of the Bidder or the Surety Insurer or any absorption, merger or amalgamation of the
Bidder or the Surety Insurer with any other person.
vii. In order to give full effect to this Surety Bond, the Authority shall be entitled to treat the
Surety Insurer as the principal debtor. The Authority shall have the fullest liberty
without affecting in any way the liability of the Surety Insurer under this Surety Bond
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
fulfillment 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 Surety Insurer 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 Surety Insurer from its such liability.
viii. Any notice by way of request, demand or otherwise hereunder shall be sufficiently
given in writing or made if addressed to the Surety Insurer and sent by courier or by
registered post or by certified e-mail to the Surety Insurer at the address or e-mail set
forth herein.
ix. We undertake to make the payment on receipt of your notice of claim on us addressed to
name of Surety Insurer along with branch address and delivered at our above branch
who shall be deemed to have been duly authorised to receive the said notice of claim.
x. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Surety Insurer and the Surety Bond herein contained shall be
enforceable against the Surety Insurer, notwithstanding any other security which the
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Authority may have obtained from the said Bidder or any other person and which shall,
at the time when proceedings are taken against the Surety Insurer hereunder, be
outstanding or unrealised.
xi. We, the Surety Insurer further undertake not to revoke this Surety Bond during its
currency except with the previous express consent of the Authority in writing.
xii. The Surety Insurer declares that it has power to issue this Surety Bond and discharge the
obligations contemplated herein, the undersigned is duly authorised and has full power
to execute this Surety Bond for and on behalf of the Surety Insurer.
xiii. For the avoidance of doubt, the Surety Insurer's liability under this Surety Bond shall be
restricted to Rs. 8.58Crore (Rupees eight crore and fifty eight lakh only). The Surety
Insurer shall be liable to pay the said amount or any part thereof only if the Authority
serves a written claim on the Surety Insurer in accordance with paragraph 9 hereof, on
or before [*** (indicate date falling 180 days after the Bid Due Date)].
xiv. This Surety Bond shall also be operatable at our ………………branch at New Delhi,
from whom, confirmation regarding the issue of this Surety Bond or extension/renewal
thereof shall be made available on demand. In the contingency of this Surety Bond
being invoked and payment hereunder claimed, the said branch shall accept such
invocation letter and make payment of amounts so demanded under the said invocation.
xv. The Insurance Surety Bond shall be verified from the specific portal created for this
purpose.
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