Request For Proposal

FOR

Talere Gaganbawada Road NH 166G Km.

23/250 to 28/320 Treatment for Five critical
land slide prone spots posing significant
threat to the safety of travellours is Karul
Ghat section in the State of Maharashtra .

Engineering, Procurement & Construction

(EPC) Mode

Public Works Department (NH), Maharashtra

Government of Maharashtra

Ministry of Road Transport & Highways

(MoRT&H)

1
TABLE OF CONTENTS

Contents Page No.

S. No.
Notice inviting RFP 4
Disclaimer 5
Glossary 6
1 Introduction 7
1.1 Background 7
1.2 Brief description of Bidding Process 8
1.3 Schedule of Bidding Process 10

2 Instructions to Bidders 11
A General 11
2.1 General terms of Bidding 11
2.2 Eligibility and qualification requirement of Bidder 15
2.3 Proprietary Data 22
2.4 Cost of Bidding 22
2.5 Site visit and verification of information 23
2.6 Verification and Disqualification 23

B Documents 25
2.7 Contents of the RFP 25
2.8 Clarifications 25
2.9 Amendment of RFP 26

C Preparation and Submission of BIDs 27

2.10 Format and Signing of BID 27
2.11 Documents comprising Technical & financial BID 27
2.12 BID Due Date 29
2.13 Late BIDs 29
2.14 Procedure of e-tendering 29
2.15 Online opening of Bids 31
2.16 Rejection of BIDs 31
2.17 Validity of BIDs 31
2.18 Confidentiality 31
2.19 Correspondence with the Bidder 32

D BID Security 32
2.20 BID Security 32

3 Evaluation of Technical and Opening & Evaluation of financial 35

Bids
3.1 Evaluation of Technical BIDs 35
3.2 Opening and Evaluation of financial Bids 36
2
 3.3 Selection of Bidder 36
3.4 Contacts during BID Evaluation 37
3.5 Correspondence with the Bidder 37

4 Fraud and Corrupt Practices 38

5 Pre-BID Conference 39
6 Miscellaneous 40
Appendices
IA Letter comprising the Technical BID 41
IB Letter comprising the Financial BID 45
II Bank Guarantee for BID Security 59
III Format for Power of Attorney for signing of BID 62
IV Format for Power of Attorney for Lead Member of Joint Venture 64
V Format for Joint Bidding Agreement for Joint Venture 66
VI Integrity Pact Format 71
VII Form of Bank Guarantee (For Performance Security) 77
VIII Format of LOA 80

Annexure of Appendix 1A

I Details of Bidder 46
II Technical Capacity of the Bidder49
III Financial Capacity of the Bidder50
IV Details of Eligible Project 51
V Statement of legal capacity 53
VI Information required to Evaluate the Bid capacity 54
VII Guidelines of the Department of Disinvestment 56
VIII Details of ongoing Works 58

3
 The Ministry of Road Transport & Highways through Public Works
Department(NH) Government of Maharashtra
Notice Inviting Bid

Bid/Package No/EENH/Ratnagiri/NIT No.4 -1/ 589 Dated -04.02.2024

RFP for [Talere Gaganbawada Road NH 166G Km. 23/250 to 28/320 Treatment for Five
critical land slide prone spots posing significant threat to the safety of travellours is
KarulGhat section in the State of Maharashtra.]

The Ministry of Road Transport & Highways through Public Works Department (NH)
Government of Maharashtrais engaged in the development of National Highways and as
part of this endeavour, it has been decided to undertakeTalere Gaganbawada Road NH
166G Km. 23/250 to 28/320 Treatment for Five critical land slide prone spots posing
significant threat to the safety of travellours is KarulGhat section in the State of
Maharashtrathrough an Engineering, Procurement and Construction (EPC) Contract.

The Ministry of Road Transport & Highways through Public Works Department (NH)
Government of Maharashtra now invites bids from eligible contractors for the following
project:
State NH No. ICB Name of work Estimated Completion Maintenance
No. cost period period
Mahara NH166 TalereGaganba 6.95Cr. 12 MONTH 10 YEAR
shtra G wada Road NH (Excluding (Including
166G Km. GST) Monsoon)
23/250 to
28/320
Treatment for
Five critical land
slide prone spots
posing
significant threat
to the safety of
travellours is
KarulGhat
section in the
State of
Maharashtra
The complete BID document can be viewed / downloaded from official portal of the
CPPP website https:// eprocure.gov.in/eprocure/app from 04.03.2024 to 18.04.2024
(upt17.00 Hrs. IST). Bidder must submit its Financial bid and Technical Bid at https://
eprocure.gov.in/eprocure/appon or before (upto19.04.2024 hours IST).Bids received
online shall be opened on 19.04.2024 (at12.00 hours IST).
Bid through any other mode shall not be entertained. The bidder shall submit the BID
Bid through any other mode shall not be entertained. The bidder shall submit the BID
Security, Online Receipt of payment of cost of Bid Document, Power of Attorney and
Joint Bidding Agreement. However, the successful bidder has to submit the original
documents physically with the concerned authority before issue of LOA. Please note that
the [Ministry/Authority/ Executing Agency] reserves the right to accept or reject allor any
of the BIDs without assigning any reason whatsoever.

4
Officer In-charge
Ministry of Road Transport and Highways
Mr.Santosh Gajanan Shelar
Chief Engineer
National Highway (P.W.) Konkan Bhavan,
Navi Mumbai.
Phone/Fax:-0222227579535**
e-mail:[email protected]
[email protected]

5
 DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”) or
subsequently provided to Bidder(s), whether verbally or in documentary or any other form
by or on behalf of the Authority or any of its employees or advisors, is provided to Bidder(s)
on the terms and conditions set out in this RFP and such other terms and conditions subject
to which such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions
and assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, especially
the [Feasibility Report], may not be complete, accurate, adequate or correct. Each Bidder
should, therefore, conduct its own investigations and analysis and should check the
accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an
exhaustive account of statutory requirements and should not be regarded as a complete or
authoritative statement of law. The Authority accepts no responsibility for the accuracy or
otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall have
no liability to any person, including any Applicant or Bidder under any law, statute, rules or
regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss,
damages, cost or expense which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFP and any assessment, assumption,
statement or information contained therein or deemed to form part of this RFP or arising in
any way for participation in this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP. The Authority may in its absolute discretion, but without being under any
obligation to do so, update, amend or supplement the information, assessment or assumptions
contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint
the Selected Bidder JV or Contractor, as the case may be, for the Project and the Authority
reserves the right to reject all or any of the Bidders or BIDs without assigning any reason
whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and
submission of its BID including but not limited to preparation, copying, postage, delivery
fees,expensesassociated 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.
6
 GLOSSARY

Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
Bank Guarantee As defined in Clause 2.20.1
BID(s) As defined in Clause 1.2.2
Bidders As defined in Clause 1.2.1
Bidding Documents As defined in Clause 1.1.5
BID Due Date As defined in Clause 1.1.5
Bidding Process As defined in Clause 1.2.1
BID Security As defined in Clause 1.2.4
BID Price or BID As defined in Clause 1.2.6
Contractor As defined in Clause 1.1.2
Construction Period As defined in Clause 1.2.6
Conflict of Interest As defined in Clause 2.2.1(c)
Defect Liability Period As defined in Clause 1.2.6
Eligible Experience As defined in Clause 2.2.2.5 (i)
Eligible Projects As defined in Clause 2.2.2.5 (i)
EPC As defined in Clause 1.1.1
EPC Contract As defined in Clause 1.1.2
Estimated Project Cost As defined in Clause 1.1.3
Feasibility Report As defined in Clause 1.2.3
Financial Capacity As defined in Clause 2.2.2.3 (i)
Government Government of *********
Joint Venture As defined in Clause 2.2.1
Jt. Bidding Agreement As defined in Clause 2.1.11(f)
Lead Member As defined in Clause 2.1.11 (c)
Lowest Bidder As defined in Clause 1.2.6
LOA As defined in Clause 3.3.4
Net Worth As defined in Clause 2.2.2.9 (ii)
Performance Security As defined in Clause 2.21.1
Additional Performance Security As defined in Clause 2.21.1
Project As defined in Clause 1.1.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in the Disclaimer
Selected Bidder As defined in Clause 3.3.1
Technical Capacity As defined in Clause 2.2.2.2 (i)
Tie BIDs As defined in Clause 3.3.2
Threshold Technical Capacity As defined in Clause 2.2.2.2 (i)

The words and expressions beginning with capital letters and defined in this document shall,
unless repugnant to the context, have the meaning ascribed thereto herein.
The Ministry of Road Transport & Highways through Public Works Department (NH)
Government of Maharashtra.

7
 SECTION 1

INTRODUCTION
1.1 Background

1.1.1 The Ministry of Road Transport & Highways through Public Works Department (NH)
Government of Maharashtra is engaged in the development of National Highways and
as part of this endeavour, the Authority has decided Talere Gaganbawada Road NH
166G Km. 23/250 to 28/320 Treatment for Five critical land slide prone spots posing
significant threat to the safety of travellours is KarulGhat section in the State of
Maharashtra(the“Project”) through an Engineering, Procurement and Construction
(the “EPC”) Contract, and has decided to carry out the bidding process for selection of
a Bidder to whom the Project may be awarded. A brief description of the project may
be seen in the Information Memorandum of the Project at the CPPP website https://
eprocure.gov.in/eprocure/app. Brief particulars of the Project are as follows:

Name of the National Length in Estimated Project No of Years for

Highway Km Cost completion of
(In Rs. cr.) work

Talere Gaganbawada Road 0.290 6.95 Cr. 1Year (12

NH 166G (Excluding GST) Months)
(Including
Monsoon)

1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing,
engineering, procurement and construction of the Project under and in accordance with
the provisions of an engineering, procurement and construction contract (the “EPC
Contract”) to be entered into between the Contractor and the Authority in the form
provided by the Authority as part of the Bidding Documents pursuant hereto. The
Contractor shall also be responsible for the maintenance of the project during the
Defect Liability Period.The scope of work will broadly include rehabilitation,
upgradation and augmentation of the existing carriageway to [two-lane with/ without
paved shoulders] standards with construction of new pavement, rehabilitation of
existing pavement, construction and/or rehabilitation of major and minor bridges,
culverts, road intersections, interchanges, drains, etc. and maintenance of the Project
during the Defect Liability Period, which shall be [10 ] years.

1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified
in the clause 1.1.1 above, which is exclusive of Goods and Service Tax (GST). The
assessment of actual costs, however, will have to be made by the Bidders.

1.1.4 The Agreement sets forth the detailed terms and conditions for award of the project
to the Contractor, including the scope of the Contractor’s services and obligations.

1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the
terms set forth in this RFP and other documents to be provided by the Authority
pursuant to this RFP (collectively the "Bidding Documents"), and all BIDs shall be
prepared and submitted in accordance with such terms on or before the BID due date
specified in Clause 1.3 for submission of BIDs (the “BID Due Date”).

1.2 Brief description of Bidding Process

8
1.2.1 The Authority has adopted a single stage twopart system (referred to as the
"Bidding Process") for selection of the Bidder for award of the Project. Under this
process, the bid shall be invited under two parts. Eligibility and qualification of the
Bidder will be first examined based on the details submitted under first part
(Technical Bid) with respect to eligibility and qualifications criteria prescribed in
this RFP (the “Bidder”, which expression shall, unless repugnant to the context,
include the members of the Joint Venture). The Financial Bid under the second part
shall be opened of only those Bidders whoseTechnical Bids are responsive to
eligibility and qualifications requirements as per this RFP
[GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP) for
qualification of Bidders seeking to acquire stakes in any public sector enterprise
through the process of disinvestment. These guidelines shall apply mutatis
mutandis to this Bidding Process. The Authority shall be entitled to disqualify any
Bidder in accordance with the aforesaid guidelines at any stage of the Bidding Process.
Bidders must satisfy themselves that they are qualified to bid, and should give an
undertaking to this effect in the form at Appendix-IA].

1.2.2 The Bid shall be valid for a period of 120 days from the date specified in Clause 1.3 for
submission of BIDs.

1.2.3 The complete Bidding Documents including the draft Agreement for the Project is
enclosed for the Bidders. The Feasibility Report / Detailed Project Report prepared by
the Authority/ consultants of the Authority (the "Feasibility Report/Detailed Project
Report") is also enclosed. The Feasibility Report / Detailed Project Report of the
Project is being provided only as a preliminary reference document by way of
assistance to the Bidders who are expected to carry out their own surveys, investigations
and other detailed examination of the Project before submitting their Bids. Nothing
contained in the Feasibility Report/Detailed Project Report shall be binding on the
Authority nor confer any right on the Bidders, and the Authority shall have no
liability whatsoever in relation to or arising out of any or all contents of the
Feasibility Report/Detailed Project Report. The aforesaid documents and any addenda
issued subsequent to this RFP Document, will be deemed to form part of the Bidding
Documents. However, Feasibility Report / Detailed Project Report prepared by the
Authority/ consultants of the Authority (the "Feasibility Report/Detailed Project
Report") is not required in case of maintenance works like PR/HIPR to be taken on
EPC mode.
1.2.4 A Bidder is required to submit, along with its BID, a BID Security of
Rs.6.95 Lakhs ( Six Lakh Ninety Five Thousand Only)(the "BID Security"),
refundable not later than 150 (One hundred & fifty) days from the BID Due Date,
except in the case of the Selected Bidder whose BID Security shall be retained till
it has provided a Performance Security and Additional Performance Security (if
any) as per the provision of this RFP and LOA.This Guarantee shall be transmitted
through SFMS Gateway to NHAI/MORTH/State PWD/NHIDCL/BROs Bank..The
Bidders shall also submit Rs.11,800/- [Rs Eleven Thousand Eight Hundered Only]
towards the cost of tender [ Tender fee Rs. 10000 to be submitted through the portal
“bharatkosh.gov.in” ( receipt / document to be submitted online payment to be
submitted online on eprocure.gov.in and original copy to be submitted with hard copy
of bid] + 18% GST amounting to Rs. 1800 either through demand draft drawn in
favour of Executive Engineer NH Division Ratnagiri.to be paid and accounted for as
GST by the Executive Engineer NH Division OR to be paid by the Contractor towards
GST against the tender fee, and in which case documentary proof of the same to be
enclosed with hard copy of bidbefore issuance of LOA] .
9
1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their
cost, such studies as may be required for submitting their respective BIDs for award of
the contract including implementation of the Project.

1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a
Bidder for implementing the Project (the "BID Price"), which is exclusive of Goods
and Service Tax (GST). The total time allowed for completion of construction under
the Agreement (the “Construction Period”) and the period during which the
Contractor shall be liable for maintenance and rectification of any defect or deficiency
in the Project after completion of the Construction Period (the “Defect
LiabilityPeriod”) shall be pre-determined, and are specified in the draft Agreement
forming part of the Bidding Documents.

In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the
lowest BID price.

1.2.7 Generally, the Lowest Bidder shall be theselected Bidder. In case such Lowest Bidder
withdraws or is not selected for whatsoeverreason except the reason mentioned in
Clause. 2.1.12 (b) (4) & Clause 3.3.1, the Authority shall annul the Bidding Process
and invite fresh BIDs.

1.2.8 Other details of the process to be followed under this bidding process and the terms
thereof are spelt out in this RFP.

1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted by e-mail to the officer designated in Clause 2.11.4 below with
identification/ title: "Queries / Request for Additional Information: RFP forTalere
Gaganbawada Road NH 166G Km. 23/250 to 28/320 Treatment for Five critical land
slide prone spots posing significant threat to the safety of travellours is KarulGhat
section in the State of Maharashtra Project".

1.2.10 A Bidder is required to submit, along with its technical BID, a self- certification that the
item offered meets the local content requirement for 'Class I local Supplier' / 'Class- Il
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 - Il 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 - Il local Supplier' under this RFP. The local content' requirement to categorize a
supplier as 'Class I local Supplier' is minimum 20%.

10
 (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- Il
local supplier' under this RFP.

(iv) 'Local content' means the amount of value added in India which shall be the total
value of item procured (excluding net domestic indirect taxes) minus the value of
imported content in the item (including all customs duties) as a proportion of the total
value, in percent

In case of procurement for a value in excess of Rs. 10 crores, the 'Class - I local supplier'
/ 'Class - Il local supplier' shall provide a certificate from the statutory auditor or cost
auditor of the company (in case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of suppliers other than companies) giving the
percentage of local content.

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Sl. No. Event Description Date

1. Invitation of RFP (NIT) [04.03.2024 at 10.00 AM ]
2. Last date for receiving queries [05.04.2024 at 12.00 PM]
3. Pre-BID meeting at venue 2.11.4 (i) [05.04.2024 at 16.00 PM]
4. Authority response to queries latest by [12.04.2024 at 15.30 PM]
5. Last date of Request for BID Document [18.04.2024 at 17.30 PM]
6 BID Due Date [18.04.2024 at 17.30 PM]
7. Opening of Technical BIDs at venue 2.11.4 (i) [19.04.2024 at 12.00 PM]
8. Declaration of eligible / qualified Bidders [60th day from date of NIT]
9. Opening of Financial BID [68th day from date of NIT]
10. Physical Submission of BID Security/POA Before issuance of LOA
11. Letter of Acceptance (LOA) [75th day from date of NIT]
12. Return of signed duplicate copy of LOA [82nd day from date of NIT]
13. Validity of BID 120 days from BID Due Date
14. Submission of Performance Security (PS) and Within 30 days of receipt of LOA.
Additional Performance Security (APS), if (The bidder has the option to
any provide 50% of PS and APS, if any
within 30 days of receipt of LOA
and the remaining PS and APS, if
any to be provided within 30 days
of signing of agreement)
15. Signing of Agreement Within 10 days from the receipt of
50% of Performance Security
and50% of Additional Performance
Security, if any

11
 SECTION-2
INSTRUCTIONS TO BIDDERS

A. GENERAL
2.1. General terms of Bidding

2.1.1 No Bidder shall submit more than one BID for the Project. A Bidder bidding
individually or as a member of a Joint Venture shall not be entitled to submit
another BID either individually or as a member of any Joint Venture, as the case
may be.

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

shall ensure that Power of Attorney is apostille by appropriate authority and
requirement of Indian Stamp Act is duly fulfilled.

2.1.3 Notwithstanding anything to the contrary contained in this RFP, the detailed terms
specified in the draft Agreement shall have overriding effect; provided, however,
that any conditions or obligations imposed on the Bidder hereunder shall
continue to have effect in addition to its obligations under the Agreement. Further,
the statements and explanations contained in this RFP are intended to provide a
better understanding to the Bidders about the subject matter of this RFP and
should not be construed or interpreted as limiting in any way or manner the scope of
services and obligations of the Contractor set forth in the Agreement or the
Authority’s rights to amend, alter, change, supplement or clarify the scope of work,
the work to be awarded pursuant to this RFP or the terms thereof or herein
contained. Consequently, any omissions, conflicts or contradictions in the
Bidding Documents including this RFP are to be noted, interpreted and applied
appropriately to give effect to this intent, and no claims on that account shall be
entertained by the Authority

2.1.4 The BID shall be furnished in the format exactly as per Appendix-I i.e. Technical
Bid as per Appendix IA and Financial Bid as per Appendix IB. BID amount shall
be indicated clearly in both figures and words, in Indian Rupees in prescribed
format of Financial Bid and it will be signed by the Bidder’s authorised
signatory. In the event of any difference between figures and words, the amount
indicated in words shall be taken into account.

2.1.5 The Bidder should submit a Power of Attorney as per the format at Appendix-III,
authorising the signatory of the BID to commit the Bidder.

2.1.6 In case the Bidder is a Joint Venture, the Members thereof should furnish a Power
of Attorney in favour of the Lead Member in the format at Appendix-IV. And joint
bidding agreement in the format at Appendix-V

2.1.7 Any condition or qualification or any other stipulation contained in the BID shall
render the BID liable to rejection as a non-responsive BID.

2.1.8 The BID and all communications in relation to or concerning the Bidding
Documents and the BID shall be in English language.

2.1.9 This RFP is not transferable.

12
2.1.10 Any award of Project pursuant to this RFP shall be subject to the terms of Bidding
Documents and also fulfilling the criterion as mentioned in clause 2.2.

2.1.11 In case the Bidder is a Joint Venture, it shall comply with the following additional
requirements:

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

(b) subject to the provisions of clause (a) above, the Bid should contain the
information required for each Member of the Joint Venture;

(c) Members of the Joint Venture shall nominate one member as the lead member
(the “Lead Member”). Lead Member shall met at least 60% requirement of
Bid Capacity, Technical and Financial Capacity, required as per Clause 2.2.2.1,
2.2.2.2
(i) & 2.2.2.3. The nomination(s) shall be supported by a Power of Attorney, as per
the format at Appendix-III, signed by all the other Members of the Joint
Venture. Other Member(s) shall meet at least 20% requirement of Bid
Capacity, Technical and Financial Capacity required as per Clause 2.2.2.1,
2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall cumulatively/collectively fulfil
the 100% requirement;

(d) the Bid should include a brief description of the roles and responsibilities of
individual members, particularly with reference to financial, technical and
defect liability obligations;

(e) the Lead Member shall itself undertake and perform at least 51(fifty one) per
cent of the total length of the Project Highway,

(f) members of the Joint Venture shall have entered into a binding Joint Bidding
Agreement, substantially in the form specified at Appendix V (the “Jt. Bidding
Agreement”), for the purpose of making the Application and submitting a Bid
in the event of being pre-qualified. The Jt. Bidding Agreement, to be submitted
along with the Application, shall, inter alia:

(i) convey the commitment(s) of the Lead Member in accordance with this
RFP, in case the contract to undertake the Project is awarded to the Joint
Venture; and clearly outline the proposed roles & responsibilities, if any,
of each member;
(ii) commit the approximate share of work to be undertaken by each member
conformingto sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint Venture shall
be liable jointly and severally for all obligations of the Contractor in
relation to the Project until the Defect Liability Period is achieved in
accordance with the EPC Contract; and

(g) Except as provided under this RFP, there shall not be any amendment to the Jt.
Bidding Agreement.

(h) No Joint Venture up to Estimate Project Cost of Rs. 100 crores (One Hundred
Crores). However, Joint Venture for any Estimated Project Cost is permissible
in case of maintenance works to be taken up on EPC mode.
13
2.1.12 While bidding is open to persons from any country, the following provisions shall
apply:

(a) Where, on the date of the Application, not less than 50% (fiftypresent) of the
aggregate issued, subscribed and paid up equity share capital in theL-1 Bidder or its
Member is held by persons resident outside India or where a Bidder or its Member is
controlled by persons resident outside India, then the eligibility and award of the
project to such L-1 Bidder shall be subject to approval of the competent authority
from national security and public interest perspective as per the instructions of the
Government of India applicable at such time. The decision of the authority in this
behalf shall be final and conclusive and binding on the Bidder.

(b) Further, where the LoA of a project has been issued to an agency, not covered under
the category mentioned above, and it subsequently wishes to transfer its share capital
in favour of another entity who is a resident outside India or where a Bidder or its
Member is controlled by persons resident outside India and thereby the equity capital
of the transferee entity exceeds 50% or above, any such transfer of equity capital
shall be with the prior approval of the competent authority from national security and
public interest perspective as per the instructions of the Government of India
applicable at such point in time.

(2) The holding or acquisition of equity control, as above shall include direct or
indirect holding, acquisition, including by transfer of the direct or indirect legal or
beneficial ownership or control, by persons acting for themselves or in concert and in
determining such holding or acquisition, the Authority shall be guided by the
principles, precedents and definitions contained in the Securities and Exchange
Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011,
or any substitute thereof, as in force on the date of such acquisition.

(3) The Bidder shall promptly inform the authority of any change in the
shareholding, as above, and failure to do so shall render the Bidder liable for
disqualification from the Bidding process.

(4) In case the L-1 Applicant under (a) above is denied the security clearance, for
whatsoever reasons, then the applicants emerging as L-2, L-3 eligible Bidders (in
that order) may be given a counter-offer (one by one sequentially) to match the bid of
L-1 applicant/preferred Bidder. In the event of acceptance of the counter-offer by
another eligible Bidder, the project may be awarded to such Bidder. In case no
applicant matches the bid of the L-1 applicant, the bid process shall be annulled and
fresh bids invited.

2.1.13 Notwithstanding anything to the contrary contained herein, in the event that the Bid
Due Date falls within three months of the closing of the latest financial year of a
Bidder, it shall ignore such financial year for the purposes of its Bid and furnish all
its information and certification with reference to the 5 (five) years or 1 (one) year,
as the case may be, preceding its latest financial year. For the avoidance of doubt,
financial year shall, for the purposes of a Bid hereunder, mean the accounting year
followed by the Bidder in the course of its normal business.

2.1.14 The Bidder, including an individual or any of its Joint Venture member, should not be
a non-performing party on the bid submission date. The Bidder, including any Joint
14
Venture Member, shall be deemed to be a non-performing party (not applicable to the
project whose contract is terminated by the Authority) if it attracts any or more of the
following parameters:

(i) Fails to complete or has missed more than two milestones in already awarded
two or more projects, even after lapse of 6 months from the scheduled
completion date, unless Extension of Time has been allowed on the
recommendations of the Independent Engineer due to Authority's default;

(ii) Fails to complete a project, as per revised schedule, for which One Time Fund
Infusion (OTFI) has been sanctioned by the Authority;

(iii) Physical progress on any project is not commensurate with the funds released
(equity+debt+grant) from the escrow account and such variation is more than
25% in last one year as observed by the Independent Engineer in one or more
projects;

(iv) Punch List Items in respect of any project are pending due to Bidder's default
in two or more Projects even after lapse of the prescribed time for completion
of such items;

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

inspite of two rectification notices issued in this behalf;

(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the Independent/
Authority’s Engineer on the designs/ works constructed by the Bidder pending
for more than one year in two or more projects.

(vii) Fails to make premium payments excluding the current instalment in one or
more projects.

(viii) Damages/ Penalties recommended by the Independent/ Authority’s Engineer

on the Bidder during O&M period and the remedial works are not taken up in
two or more projects.

(ix) 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).

(x) Fails to submit the Performance Security within the permissible period in
more than one project(s).

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

independent third party agency and so notified on the website of the
Authority.

(xii) Has Failed to perform for the works of Expressways, National Highways, ISC
& EI works in the last 2(two) years, as evidenced by imposition of a penalty
by an arbitral or judicial authority or a judicial pronouncement or arbitral
award against the Bidder, including individual or any of its Joint Venture
Member, as the case may be.

(xiii) Has been expelled or the contract terminated by the Ministry of Road
Transport & Highways or its implementing agencies for breach by such
Bidder, including individual or any of its Joint Venture Member; Provided
15
 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.

The Bidder, including individual or each member of Joint Venture, shall give the list of
the projects of Expressways, National Highways, ISC and EI works of Ministry of
Road Transport & Highways or its implementing agencies (NHAI/ NHIDCL/State
PWDs) and the status of above issues in each project as on the bid submission date and
undertake that they do not attract any of the above categories (Ref. Sr. No.6, Annex-I
of Appendix – IA).

The Bidder including individual or any of its Joint Venture Member may provide

(i) details of all their on-going projects along with updated stage of litigation, if so, against
the Authority / Governments;

(ii) details of updated on-going process of blacklisting if so, under any contract with
Authority / Government; and

(iii) details of all their on-going projects in the format at Annexure-VIII of Appendix IA (Ref
Clause 10.3 (iv) of Draft EPC Agreement).

The Authority reserves the right to reject an otherwise eligible Bidder on the basis of the
information provided under this clause 2.1.14. The decision of the Authority in this case
shall be final.

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

applicable and prevalent on the date of LOA, shall be applicable.

2.1.16 Entities of countries which have been identified by Ministry of Road Transport &
Highways as not allowing Indian companies to participate in their Government
procurement for any item related to Ministry of Road Transport & Highways shall not
be allowed to participate in Government procurement in India for all items related to
Ministry of Road Transport & Highways, except for the list of items published by the
Ministry of Road Transport & Highways permitting their participation.

2.2. Eligibility and qualification requirements of Bidder

2.2.1 For determining the eligibility of Bidder the following shall apply:
(a) The Bidder may be a single entity or a group of entities (the “Joint Venture”),
coming together to implement the Project. The term Bidder used herein would apply
to both a single entity and a Joint Venture.However,in case the estimated cost of the
project for which bid is invited is uptoRs. 100 Crore, then Joint Venture shall not be
allowed.

(b) Bidder may be a natural person, private entity, or any combination of them with a
formal intent to enter into a Joint Venture agreement or under an existing agreement
to form a Joint Venture. A Joint Venture shall be eligible for consideration subject to
the conditions set out in Clause 2.1.11 above.

(c) A Bidder shall not have a conflict of interest (“Conflict of Interest”) that affects the
Bidding Process. Any Bidder found to have a Conflict of Interest shall be
16
 disqualified and liable for action as per stipulations in the Bid Security or
Performance Security as the case may be. A Bidder shall be deemed to have a
Conflict of Interest affecting the Bidding Process, if:

(i) the Bidder, its Joint Venture Member (or any constituent thereof) and any other
Bidder, its Member or any Member of its Joint Venture thereof (or any
constituent thereof) have common controlling shareholders or other ownership
interest; provided that this disqualification shall not apply in cases where the
direct or indirect shareholding of a Bidder, or its Joint Venture Member thereof
(or any shareholder thereof having a shareholding of more than 5% (five
percent) of the paid up and subscribed share capital of such Bidder, or its Joint
Venture Member, as the case may be), in the other Bidder, its Joint Venture
Member is less than 5% (five percent) of the subscribed and paid up equity
share capital thereof; provided further that this disqualification shall not apply
to any ownership by a bank, insurance company, pension fund or a public
financial institution referred to in section 4A of the Companies Act 1956. For
the purposes of this Clause 2.2.1(c), indirect shareholding held through one or
more intermediate persons shall be computed as follows: (aa) where any
intermediary is controlled by a person through management control or
otherwise, the entire shareholding held by such controlled intermediary in any
other person (the “Subject Person”) shall be taken into account for computing
the shareholding of such controlling person in the Subject Person; and (bb)
subject always to sub-clause (aa) above, where a person does not exercise
control over an intermediary, which has shareholding in the Subject Person, the
computation of indirect shareholding of such person in the Subject Person shall
be undertaken on a proportionate basis; provided, however, that no such
shareholding shall be reckoned under this sub-clause (bb) if the shareholding of
such person in the intermediary is less than 26% of the subscribed and paid up
equity shareholding of such intermediary; or

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

(iii) such Bidder, or any of its Joint Venture Member thereof receives or has
received any direct or indirect subsidy, grant, concessional loan or subordinated
debt from any other Bidder, or any of its Joint Venture Member thereof or has
provided any such subsidy, grant, concessional loan or subordinated debt to any
other Bidder, its Member or any of its Joint Venture Member thereof; or

(iv) such Bidder has the same legal representative for purposes of this Application
as any other Bidder; or

(v) such Bidder, or any of its Joint Venture Member thereof has a relationship with
another Bidder, or any of its Joint Venture Member thereof, directly or through
common third party/ parties, that puts either or both of them in a position to
have access to each other’s’ information about, or to influence the Application
of either or each other; or

(vi) such Bidder, or any of its Joint Venture Member thereof has participated as a
consultant to the Authority in the preparation of any documents, design or
technical specifications of the Project.

2.2.1(d) For determining the eligibility of Bidder from a country which shares a land
border with India the following shall apply:

17
(i) Any Bidder from a country which shares a land border with India will be eligible to
bid, only if the Bidder is registered with the Competent Authority, specified in
Annexure I of Order (Public Procurement No. 1) issued by Ministry of Finance,
Department of Expenditure Public Procurement Division vide F. No. 6/18/2019-
PPD, dated 23rd July 2020, which shall form an integral part of RFP and DCA
(Copy enclosed).
(ii) "Bidder from a country which shares a land border with India" means:
a. An entity incorporated, established or registered in such a country, or
b. A subsidiary of incorporated, an entityincorporated ,established or registered in
such a country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A Consortium or joint venture where any member of the consortium or joint
venture falls under any of the above.
(iii) Beneficial owner for the purpose of (ii) above means:

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

natural person(s), who, whether acting alone or together, or through one or more
judicial person, has a controlling ownership interest or who exercises control through
other means.

Explanation:

a) "Controlling ownership interest “means ownership of or entitlement to more than

twenty-five per cent of shares or capital or profits of the company.

b) "Control" shall include the right toappoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or
management rights or shareholding agreements voting agreements; or

2. In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or one or more juridical person: has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;

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

the natural person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of or entitlement to more than fifteen percent of the
property or capital or profits of such association or body of individual;

4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;

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

the author of the trust, the trustee, the beneficiaries with fifteen percent or more interest
18
 in the trust and any other natural person exercising ultimate effective control over the
trust through a chain of control or ownership.

(iv) An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.
(v) The Selected Bidder shall not be allowed to sub-contract works to any contractor
from a country which shares a land border with India unless such contractor is
registered with the Competent Authority. The definition of "contractor from a
country which shares a land border with India" shall be as in Clause 2.2.1(d) (ii)
above.

Certificate regarding Compliance:

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

the bidders certifying the following:

"I have read the clause regarding restrictions on procurement from a bidder of a
country which shares a land border with India and on sub-contracting to
contractors from such countries; I certify that this bidder is not from a country or,
if from such a country, has been registered with the Competent Authority as
defined in Public Procurement Order no. F.no.6/18/2019- PPD dated 23rd July
2020. I hereby certify that this bidder fulfils all requirements in this regard and is
eligible to be considered."

It may be noted that in case the above certification is found to be false, this would
be a ground for immediate rejection of Bid/termination and further legal action in
accordance with law.

Validity of Registration:

In respect of RFP, registration should be valid at the time of submission of bids and
at the time of acceptance of bids. If the Bidder was validly registered at the time of
acceptance, registration shall not be a relevant consideration during contract
execution.

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

Bidders who interalia meet the minimum qualification criteria will be qualified only
if their available BID capacity is more than the total BID value 6.95 crore( Six
corer ninety five Lakhs). The available BID capacity will be calculated as per
following, based on information mentioned at Annexure-VI of Appendix-IA:

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

N= Number of years prescribed for completion of work for which Bid is invited.

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

received, if any, in respect of EPC Projects executed in any one year during
the last five years (updated to the price level of the year indicated in table at
19
 Note-3 below) taking into account the completed as well as works in
progress. The EPC projects include turnkey project/ Item rate contract/
Construction works.

B = Value (updated to the price level of the year indicated in table at Note-3
below) of existing commitments, works for which the bidder has emerged as
the winner of the bids or on-going works to be completed during the period of
completion of the works for which BID is invited. For the sake of
clarification, it is mentioned that works for which bidder has emerged as the
winner of the bids but LOA has not been issued as on the day before opening
the financial bids shall also be considered while calculating value of B.

C = The amount of bonus received, if any, in EPC Projects during the last 5 years
(updated to the price level of the year indicated in table at Note-3 below).

Note:
1. The Statement showing the value of all existing commitments, works for which
the contractor has emerged as the winner of the bid as given by bidder and ongoing
works as well as the stipulated period of completion remaining for each of the
works listed should be countersigned by the Client or its Engineer-in-charge not
below the rank of Executive Engineer or equivalent in respect of EPC Projects or
Concessionaire / Authorised Signatory of SPV in respect of BOT Projects and
verified by Statutory Auditor.

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

by the Client or its Engineer-in-charge not below the rank of Executive Engineer or
equivalent in respect of EPC Projects.

3. The factor for the year for updation to the price level is indicated as under:

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20

4. The bid capacity status of the bidder to be updated as on the day before opening
the financial bids.

2.2.2.2 Technical Capacity

(i) For demonstrating technical capacity and experience (the “Technical

Capacity”), the Bidder shall, over the past [5 (five)]2 financial years preceding
the Bid Due Date, have received paymentsfor construction of Eligible
Project(s), or has undertaken construction works by itself in a PPP project,
such that the sum total thereof, as further adjusted in accordance with clause
2.2.2.5 (i)& (ii), is more than [Rs. Five crore Twenty Two Lakhs only (Rs.
5.22)](the “Threshold Technical Capacity”)3.
2
5 years in case of normal highway projects and 10 years in case of Standalone specialized projects(Major)
Bridges/ ROB/Flyover/ Tunnel.
3
This amount should be as follows:
(A) For normal highway projects:
20
 (ii) For normal Highway projects (including Major
Bridges/ROB/Flyovers/Tunnels):

Provided that at least one similar work of 20% of Estimated Project Cost [[Rs.
One crore Thirty Nine Lakhs Only (Rs.1.39)] shall have been completed from
the Eligible Projects in Category 1 and/or Category 3 specified in Clause
2.2.2.5. For this purpose, a project shall be considered to be completed, if
more than 90% of the value of work has been completed and such completed
value of work is equal to or more than 20% of the estimated project cost.

Eligible 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

(c) Widening/reconstruction/up-gradation work of roads in Municipal

corporate on limits, construction of Bypasses

(d) Construction of stand-alone bridges, ROBS, tunnels

(e) Construction/reconstruction of linear projects like airport runways,

railways (construction/re-construction of railway tracks, yards for keeping
containers etc.) metro rail and ports (including construction/re-construction of
Jetties)

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

Bidder shall necessarily demonstrate additional experience in construction of
Major Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten) financial years

Sl. No Estimated Project Cost (EPC) of the Project being invited Threshold Technical
Capacity
1 Estimated Project Cost< = 100 Crore 0.75 time of EPC
2 Estimated Project Cost> 100 Crore&<= 500 Crore 1.0 times of EPC
3 Estimated Project Cost> 500 Crore 1.0 times of EPC

(B) For standalone specialized projects (Major) Bridges/ ROB/Flyover/ Tunnel:

S.No. Estimated Project Cost (EPC) of the project being invited Threshold Technical capacity
1. Estimated Project Cost< = 100 Crore 0.75 time of EPC
2 Estimated Project Cost> 100 Crore&<= 500 1.0 time of EPC
3 Estimated Project Cost> 500 Crore&<= 1000 1.0 time of EPC
4 Estimated Project Cost> 1000 Crore 1.0 time of the estimate Project
cost or Rs. 1000 crores,
whichever is less
5 Estimated Project Cost> 1000 Crore of standalone 1.0 time of the estimate Project
specialized projects cost or Rs. 1000 crores,
whichever is less

21
 preceding the Bid Due Date i.e. shall have completed at least one similar
Major Bridge/ROB/Flyover of following sizes:

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

no additional qualification is required.

(b) when longest span is more than 60m: 50% of the longest span or 100 m
whichever is less, of the structure proposed in this project

(c) In case tunnel is a part of project having length less than or equal to 200m,
then no additional qualification is required.

(d) when length of tunnel more than 200m: 50% of the cross-sectional area of
proposed tunnel or two lane highway tunnel cross- sectional area, whichever is
less and 20% length of the tunnel to be constructed in this project or 2 km,
whichever is less. For the purpose of this requirement, tunnel may have single/
twin tubes for roads/ railways/ metro rail/ irrigation/ hydroelectricity projects,
etc.

(iii) For Stand-alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects:

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

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

(b) Tunnel project: The Bidder shall have completed atleast one tunnel project in
the last 10 (Ten) financial years preceding the Bid Due Date, consisting of
single or twin tubes (including tunnel(s) for roads/Railway/Metro
rail/irrigation/hydro-electric projects etc.) having atleast 50% of the cross-
sectional area of the tunnel to be constructed or cross sectional area of 2 lane
22
 highway tunnel, whichever is less and 20% length of the tunnel to be
constructed in this project or 2 km whichever is less and the cost of such
project shall be at least 20% of the Estimated Project Cost or Rs 1000 crore
whichever is less. For this purpose, a project shall be considered to be
completed, if more than 90% of the value of work has been completed and
such completed value of work is equal to or more than 20% of the Estimated
Project Cost or Rs 1000 crore whichever is less.

(iv) The updation factor to update the price of the eligible projects for
the year indicated in table below:

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth4 (the “Financial Capacity”) of
[Rs. Thirty Four Lakhs Seventy Five Thousand Only (Rs.34.75Lakh.)]6at the
close of the preceding financial year.

(ii) The Bidder shall have a minimum Average Annual Turnover (updated to the
price level of the year based on factors indicated in table below)of[Rs.One crore
Four Lakh Only. (Rs.01.04 cr.)]for the last 5 (five) financial years.

This amount should be 15% (fifteen percent) of the Estimated Project Cost of the
Project for which bids are being invited.

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.4 In case of a Joint Venture:

(i) Joint Venture would be taken into account for satisfying the above conditions
of eligibility. Further, Lead Member shall meet at least 60% requirement of
Bid Capacity, Technical and Financial Capacity as per Clause 2.2.2.1,
2.2.2.2(i) and 2.2.2.3 and each of other JV members shall meet at least 20%
requirement of Bid Capacity, Technical and Financial Capacity individually
as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3. For avoidance of doubt it is
further clarified that the Joint Venture must collectively and individually
satisfy the above qualification criteria i.e. JV shall cumulatively/collectively
fulfill the 100% requirement.

(ii) For requirement of 2.2.2.2 (ii) & (iii), one similar work of 20% of Estimated
Project Cost should have been completed from the Eligible Projects in
Category 1 and/or Category 3 individually by any of the JV members as a
single work.

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

4
Net worth has been adopted as the criterion for assessing financial capacity since it is a comprehensive
indication of the financial strength of the Applicant.
6
This amount should be 5% (five percent) of the Estimated Project Cost of the Project for which bids are being
invited.
23
(i) Subject to the provisions of Clause 2.2.2 the following categories of experience
would qualify as Technical Capacity and eligible experience (the "Eligible
Experience") in relation to eligible projects as stipulated in Clauses 2.2.2.6 (i) &
(ii) (the "Eligible Projects"). In case the Bidder has experience across different
categories, the experience for each category would be computed as per weight of
following factors to arrive at its aggregated Eligible Experience:

Category Project / Construction experience on Eligible Projects Factors

1 Project in highways sector that qualify under 1
Clause 2.2.2.6 (i)
2 Project in core sector that qualify under 0.75
Clause 2.2.2.6 (i)
3 Construction in highways sector that qualify under Clause 1
2.2.2.6 (ii)
4 Construction in core sector that qualify under 0.75
Clause 2.2.2.6 (ii)

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

developed country which is a member of OECD shall be further multiplied by
a factor of 0.5 (zero point five) and the product thereof shall be the
Experience Score for such Eligible Project.

(iii) For the purpose of this RFP:

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

bridges, tunnels, runways, railways (construction/re-construction of
railway tracks, yards for keeping containers etc.) metro rail and ports
(including construction/re-construction cost of Jetties, any other linear
infrastructure including bridges etc.); and
(b) core sector would be deemed to include civil construction cost of power
sector, commercial setups (SEZs etc.), airports, industrial parks/ estates,
logistic parks, pipelines, irrigation, water supply, sewerage, irrigation,
water supply, stadium, 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 bridges or culverts.

(iv) In case of projects executed by applicant under category 3 and 4 as a member

of Joint Venture, the project cost should be restricted to the share of the
applicant in the joint venture for determining eligibility as per provision under
clause 2.2.2.2 (ii). In case Statutory Auditor certifies that, the work of other
member(s) is also executed by the applicant, then the total share executed by
applicant can be considered for determining eligibility as per provision under
clause 2.2.2.2 (ii).

(v) Maintenance works are not considered as eligible project for evaluation as per
Instruction No.6 to Annex-IV. As such works with nomenclature like PR, OR,
FDR,SR, site/micro grading, surface renewal, resurfacing work, Tarring, B.T.
surface work, temporary restoration, urgent works, periodic maintenance, repair
24
 & rehabilitation, one time maintenance, permanent protection work of bank,
external pre stressing, repair of central hinge, short term OMT contract of
NHAI, any type of work related to border fencing, work of earthwork alone,
construction of buildings/ hostels/hospitals, etc, or not specified, shall not be
considered. However, such maintenance works shall be considered as eligible
projects in case of Maintenance works to be taken up on EPC mode.

(vi) The works such as Improvement in Riding Quality work (IRQP/IRQ), shall be
considered for Technical Capacity [2.2.2.2 (i)] but not for single completed works
[2.2.2.2 (ii)]. However, such work shall be considered for single completed works
[2.2.2.2 (i)] in case of Maintenance works to be taken up on EPC mode.

(vi) The works such as Improvement in Riding Quality work (IRQP/IRQ), shall be
considered for Technical Capacity [2.2.2.2 (i)] but not for similar completed works
[2.2.2.2 (ii) and 2.2.2.2.(iii)]. However, such work shall be considered for similar
completed works [2.2.2.2 (ii)] in case of Maintenance works to be taken up on EPC
mode.

(vii) In case both the estimated cost of project and revised cost of project are provided, the
revised cost of project shall be considered for evaluation.

2.2.2.6 Eligible Experience on Eligible Projects in respect of each category:

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

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO,
BOOT or other similar basis for providing its output or services to a
public sector entity or for providing non-discriminatory access to users in
pursuance of its charter, concession or contract, as the case may be. For
the avoidance of doubt, a project which constitutes a natural monopoly
such as an airport or port should normally be included in this category
even if it is not based on a long-term agreement with a public entity;
(b) the entity claiming experience should have held, in the company owning
the Eligible Project, a minimum of 26% (twenty six per cent) equity
during the entire year for which Eligible Experience is being claimed;
(c) the capital cost of the project should be more than 5% of the amount
specified as the Estimated Project Cost; and
(d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have itself undertaken the construction of the
project for an amount equal to at least one half of the Project Cost of
eligible projects, excluding any part of the project for which any
contractor, sub-contractor or other agent was appointed for the purposes
of construction.

(ii) For a project to qualify as an Eligible Project under Categories 3 and 4, the
Bidder should have received payments from its client(s) for construction
works executed, fully or partially,or work executed and certified by the
Engineer-in-charge/Independent Engineer/Authority’s Engineer during the 5
(five) financial years immediately preceding the Bid Due Date, and only the
amounts (gross) actually received/ work executed, during such 5 (five)
financial years shall qualify for purposes of computing the Experience Score.
However, receipts of or work executed amount less than [Rs. Thirty Four
25
 Lakhs Seventy Five Thousand Only (Rs.34.75 Lakh.)]7shall not be
reckoned as receipts for Eligible Projects. For the avoidance of doubt,
construction works shall not include supply of goods or equipment except
when such goods or equipment form part of a turn-key construction contract /
EPC contract for the project. Further, the cost of land and also cost towards
pre-construction activities (like shifting of utilities etc.) shall not be included
hereunder.

(iii) The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or
along with a member of the Joint Venture) may have played multiple roles in
the cited project. Double counting for a particular Eligible Project shall not be
permitted in any form.

(iv) Experience for any activity relating to an Eligible Project shall not be claimed
by two or more Members of the Joint Venture. In other words, no double
counting by a Joint Venture in respect of the same experience shall be
permitted in any manner whatsoever.

2.2.2.7 Submission in support of Technical Capacity

(i) The bidder shall update details of Experience (on-going and completed
projects) on the Bidder Information Management System (BIMS)
[www.bims.gov. in] on a regular basis [Annexure/ Appendix may be referred].
The details of Eligible Experience for the last 5 financial years preceding the
Bid Due Date, necessary information relating to Technical Capacity and Project
Specific Information shall be taken from the information uploaded on BIMS."

(ii) The Bidder must provide the necessary information relating to Technical
Capacity as per format at Annex-II of Appendix-IA.

(iii)The Bidder should furnish the required Project-specific information and

evidencein support of its claim of Technical Capacity, as per format at
Annex -IV ofAppendix-IA.

2.2.2.8 Submission in support of Financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual Reports
of the Bidder (of each Member in case of a Joint Venture) for the last 5 (five)
financial
years, preceding the year in which the bid is submitted and also the bidder shall
upload financial details along with supporting financial documents (E.g., Audited
Annual Reports) on BIMS on a regular basis.

(ii) In case the annual accounts for the latest financial year are not audited
and therefore the Bidder cannot make it available, the Bidder shall give and
uploadan undertaking to this effect on BIMS Portal and the statutory auditor shall
certify the same. In such a case, the Bidder shall provide the Audited Annual
Reports for 5 (five) years preceding the year for which the Audited Annual Report
is not being provided.

7
This amount should not be less than 5% of the Estimated Project Cost
26
 (iii) The Bidder must establish the minimum Net Worth specified in Clause
2.2.2.3, and provide details as per format at Annex-III of Appendix-IA and upload
the relevant details on BIMS.

2.2.2.9 The Bidder shall enclose with its Technical Bid, to be submitted as per the format
at Appendix-IA complete with its Annexes and also upload on BIMS portal, the
following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the
payments received or in case of a PPP project, the construction carried out by
itself, during the past 5 years, in respect of the Eligible Projects. In case a
particular job/ contract has been jointly executed by the Bidder (as part of a
Joint Venture), it should further support its claim for the payments received or
construction carried out by itself in PPP Projects as applicable the share in work
done for that particular job/ contract by producing a certificate from its
statutory auditor or the client; and

(ii) Certificate(s) from its statutory auditors specifying the net worth of the Bidder,
as at the close of the preceding financial year, and also specifying that the
methodology adopted for calculating such net worth conforms to the provisions
of this Clause 2.2.2.9 (ii). For the purposes of this RFP, net worth (the “Net
Worth”) shall mean the aggregate value of the paid-up share capital and all
reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet,
but does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.

2.2.2.10 Deleted.

2.3 Proprietary data

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

2.4 Cost of Bidding

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

2.5 Site visit and verification of information

$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided,
a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.2.9 (i). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Applicant may provide the certificates required under this RFP.

27
2.5.1 Bidders are encouraged to submit their respective BIDs after visiting the Project
site and ascertaining for themselves the site conditions, traffic, location,
surroundings, climate, availability of power, water & other utilities for
construction, access to site, handling and storage of materials, weather data,
applicable laws and regulations, and any other matter considered relevant by them.
Bidders are advised to visit the site and familiarise themselves with the Project with in the
stipulated time of submission of the Bid. No extension of time is likely to be considered
for submission of Bids.

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

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

2.5.3 The Authority shall not be liable for any omission, mistake or error in respect of any of
the above or on account of any matter or thing arising out of or concerning or relating to
RFP, including any error or mistake therein or in any information or data given by the
Authority.

2.6 Verification and Disqualification

2.6.1 The Authority reserves the right to verify all statements, information and
documents submitted by the Bidder in response to the RFP and the Bidder shall,
when so required by the Authority, make available all such information, evidence
and documents as may be necessary for such verification. Any such verification, or
lack of such verification, by the Authority shall not relieve the Bidder of its
obligations or liabilities hereunder nor will it affect any rights of the Authority
thereunder.

2.6.2 The Authority reserves the right to reject any BID and appropriate the BID Security if:

(a) at any time, a material misrepresentation is made or uncovered, or

(b) the Bidder does not provide, within the time specified by the Authority, the
supplemental information sought by the Authority for evaluation of the BID.

Such misrepresentation/ improper response shall lead to the disqualification of the

Bidder. If the Bidder is a Joint Venture, then the entire Joint Venture and each
28
 Member of the Joint Venture may be disqualified/ rejected. If such
disqualification/rejection occurs after the BIDs have been opened and the lowest
Bidder gets disqualified / rejected, then the Authority reserves the right to annul the
Bidding Process and invites fresh BIDs.

2.6.3 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of defect
liabilitysubsistencethereof, that one or more of the eligibility and /or qualification
requirements have not been met by the Bidder, or the Bidder has made material
misrepresentation or has given any materially incorrect or false information, the Bidder
shall be disqualified forthwith if not yet appointed as the contractor either by issue
of the LOA or entering into of the Agreement, and if the Selected Bidder has
already been issued the LOA or has entered into the Agreement, as the case may be,
the same shall, notwithstanding anything to the contrary contained therein or in this
RFP, be liable to be terminated, by a communication in writing by the Authority to the
Selected Bidder or the Contractor, as the case may be, without the Authority being
liable in any manner whatsoever to the Selected Bidder or the Contractor. In such an
event, the Authority shall be entitled to take action as per the Bid Securing Declaration
/ forfeit and appropriate the Bid Security or Performance Security, as the case may
be, as Damages, without prejudice to any other right or remedy that may be
available to the Authority under the Bidding Documents and / or the Agreement, or
otherwise.

2.6.4. A Bidder shall be liable for disqualification and forfeiture of Bid Security, if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by
the Bidder, its Member or any Associate thereof, as the case may be, in any manner for
matters related to or incidental to such Project during the Bidding Process or
subsequent to the (i) issue of the LOA or (ii) execution of the Agreement. In the event
any such adviser is engaged by the selected Bidder or Contractor, as the case may be,
after issue of the LOA or execution of the Agreement for matters related or incidental
to the project, then notwithstanding anything to the contrary contained herein or in the
LOA or the Agreement and without Prejudice to any other right or remedy or the
Authority, including taking action as per the Bid Securing Declaration / the forfeiture
and appropriation of the Bid Security or Performance Security, as the case may be,
which the Authority may have there under or otherwise, the LOA or the Agreement, as
the case may be, shall be liable to be terminated without the Authority being liable in
any manner whatsoever to the Selected Bidder or Contractor for the same. For the
avoidance or doubt, this disqualification shall not apply where such adviser was
engaged by the Bidder, its Member or Associate in the past but its assignment expired
or was terminated 6 (six) months prior to the date of issue of this RFP. Nor will this
disqualification apply where such adviser is engaged after a period of 3 (three) years
from the date of commercial operation of the Project.

29
B. DOCUMENTS

2.7 Contents of the RFP

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.

Part –I

Invitation for BIDs

Section 1. Introduction
Section 2. Instructions to Bidders
Section 3. Evaluation of BIDs
Section 4. Fraud and Corrupt Practices
Section 5. Pre-BID Conference
Section 6. Miscellaneous

Appendices
IA. Letter comprising the Technical BID including Annexure I to VII
IB. Letter comprising the Financial BID
II. Bank Guarantee for BID Security
III. Power of Attorney for signing of BID
IV. Power of Attorney for Lead Member of Joint Venture
V. Joint Bidding Agreement for Joint Venture
VI. Integrity Pact Format
VII. Form of Bank Guarantee (For Performance Security)
VIII. Format of LOA

Part –II
Agreement Document with schedules

Part – III
[Feasibility Report / Detailed Project Report provided by the authority]

2.7.2 The draft Agreement and the Feasibility / Detailed Project Report provided by the
Authority as part of the BID Documents shall be deemed to be part of this RFP.

2.8 Clarifications
2.8.1 Bidders requiring any clarification on the RFP may notify the Authority in writing
by e-mail in accordance with Clause 1.2.9. They should send in their
queries on or before the date mentioned in the Schedule of Bidding Process
specified in Clause 1.3. The Authority shall endeavour to respond to the queries
within the period specified therein, but no later than 15 (fifteen) days prior to the
BID Due Date. The responses will be sent by fax or e-mail. The Authority will
forward all the queries and its responses thereto, to all Bidders without identifying
the source of queries.

2.8.2 The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Bidders. However, the Authority reserves the right not to respond to
any question or provide any clarification, in its sole discretion, and nothing in this
Clause shall be taken or read as compelling or requiring the Authority to respond
30
 to any question or to provide any clarification.

2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications &
interpretations issued by the Authority shall be deemed to be part of the Bidding
Documents. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on the
Authority.

2.9 Amendment of RFP

2.9.1 At any time prior to the BID Due Date, the Authority may, for any reason, whether at its
own initiative or in response to clarifications requested by a Bidder, modify the RFP by
the issuance of Addenda.

2.9.2 Any Addendum issued hereunder will be hosted on the GoIe-Tendering Portal
(https://eprocure.gov.in/cppp) and BIMS Portal (www.bims.gov.in)

2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend the
BID Due Date.

31
C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority
will evaluate only those BIDs whose scanned copies of online receipt towards payment
of cost of Bid document, POA and Joint Bidding Agreement that are received online in
the required formats and have been applied to on BIMS. However, issuance of LOA
shall be done after submission of original documents by the successful bidder.

2.10.2 The BID shall be typed and signed in indelible blue ink by the authorised signatory of
the Bidder. All the alterations, omissions, additions or any other amendments made to
the BID shall be initialled by the person(s) signing the BID.

2.11 Documents comprising Technical and Financial BID

2.11.1 The Bidder shall first upload all the project details, net worth details, turnover details,
bridge and tunnel details and all other details required in this RFPon the BIMS portal
for technical qualification. The Bidder shall ensure that all the details are updated as on
the due date of submission of this bid.

The Bidder shall then apply for the RFP on the CPPP website https://
eprocure.gov.in/eprocure/appand BIMS portal (www.bims.gov.in)by submitting the
documents mentioned below along with the supporting documents which shall
comprise of the Technical BID on the CPPP portal
(https://eprocure.gov.in/eprocure/app) and BIMS portal(www.bims.gov.in):

Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-VI
and supporting certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the
format at Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(e) Deleted
(f) BID Security of Rs.6.95 Lakhs ( Six Lakhs Ninety Five Thousand )in the
form of Bank Guarantee in the format at Appendix-II from a Scheduled Bank
(scanned copy to be uploaded as well);
(g) The Bidders shall also The Bidders shall also submit Rs.11,800/- [Rs Eleven
Thousand Eight Hundered Only] towards the cost of tender [Tender fee Rs.
10000 to be submitted through the portal “bharatkosh.gov.in” ( receipt /
document to be submitted online payment to be submitted online on
eprocure.gov.in and original copy to be submitted with hard copy of bid] + 18%
GST amounting to Rs. 1800 either through demand draft drawn in favour of
Executive Engineer NH Division Ratnagiri .to be paid and accounted for as GST
by the Executive Engineer NH Division OR to be paid by the Contractor towards
GST against the tender fee, and in which case documentary proof of the same to
be enclosed with hard copy of bid] .;
(h) Bidders shall comply with CVC’s Circular No. 06/05/21 dated 03.06.2021
regarding Standard Operating Procedure on Integrity Pact and the

32
 provisions of Office Memorandum No. RW/NH-37010/4/2010/PIC-
EAP(Printing) dated 22.02.2016 and its subsequent amendments if any,
issued by MoRT&H (Appendix-VI) regarding Integrity Pact (IP) and the
Integrity Pact (IP) duly signed by Authorised signatory shall be submitted
by the Bidder with the RFP Bid & shall be part of the Contract Agreement;
(i) An undertaking from the person having PoA referred to in Sub. Clause-(b)
above that they agree and abide by the Bid documents uploaded by
MoRT&H/NHAI and amendments uploaded, if any; and
(j) Annexure-VIII of Appendix – IA showing details of all ongoing project works
(Ref Clause 10.3 (iv) of Document for EPC Agreement).
(k) copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(l) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture) for preceding 5 years.

Financial Bid
(m) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online
through e-procurement portal on or before ...... hrsIST on........
Self Certification:
Self-certification by the Bidder that its Bid meets the Local Content requirement for
'Class - I Local supplier'/ 'Class II Local supplier', as the case may be. The Self
certification shall also have details of the location(s) at which the local value addition
is made. In case, bidder do not submit the aforesaid Certification, the bidder will be
summarily treated as 'Non Local Supplier'.

In case of procurement for a value in excess of Rs. 10 crores, the 'Class –I Local
supplier / 'Class II Local supplier' shall have to provide a Certificate from the Statutory
Auditor or Cost Auditor of the Company (in case of Companies) or from a practicing
Cost Accountant or practicing Chartered Accountant (in respect of Suppliers other than
Companies) giving the percentage of Local Content upon Construction of the Project.

2.11.2 The Bidder shall submit the scanned copies of the following documents along with the
Bid. However, the successful bidder shall submit the following documents in Original
before issuance of LOA.:

(a) Original Power of Attorney for signing the BID as per format at Appendix-III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as
per the format at Appendix-IV;
(c) if applicable, Original Joint Bidding Agreement for Joint Venture as per the
format at Appendix-V;
(d) BID Security of .6.95 Lakhs ( Six Lakh Ninety Five Thousand )in the form
of Bank Guarantee in the format at Appendix-II from a Scheduled Bank
(scanned copy to be uploaded as well);
(e) The Bidders shall also submit Rs.11,800/- [Rs Eleven Thousand Eight
HunderedOnly] towards the cost of tender [Tender fee Rs. 10000 to be submitted
through the portal “bharatkosh.gov.in” ( receipt / document to be submitted
online payment to be submitted online on eprocure.gov.in and original copy to
be submitted with hard copy of bid] + 18% GST amounting to Rs. 1800 either
through demand draft drawn in favour of Executive Engineer NH Division
Ratnagiri.to be paid and accounted for as GST by the Executive Engineer NH
33
 Division OR to be paid by the Contractor towards GST against the tender fee,
and in which case documentary proof of the same to be enclosed with hard copy
of bid] .;
(f) Deleted;
(g) Bidder shall comply with CVC’s Circular No. 06/05/21 dated 03.06.2021
regarding Standard Operating Procedure on Integrity Pact and the provisions of
Office Memorandum No. RW/NH-37010/4/2010/PIC-EAP(Printing) dated
22.02.2016and its subsequent amendments if any issued byMoRT&H
(Appendix-VI) regarding Integrity Pact (IP) and the Integrity Pact (IP)duly
signed by Authorised signatory shall be submitted by the Bidder with the RFP
Bid & shall be part of the Contract Agreement;and
(h) An undertaking from the person having PoA referred to in Sub. Clause-(a) above
that they agree and abide by the Bid documents uploaded by MoRT&H and
amendments uploaded, if any

2.11.3 Deleted.

2.11.4 Deleted.

2.11.5 Deleted.

2.11.6 BIDs submitted by fax, telex, telegram or e-mail shall not be entertained and shall
be summarily rejected.

2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1 of the RFP
shall be submitted online through e-procurement CPPP website https://
eprocure.gov.in/eprocure/appon or before 17.30 PM hrs ISTon18.04.2024This
will 'also necessitate updating all details in the BIMS portal and generating a
certificate with the unique Team ID before the submission of the Technical
&Financial BID.The technical details will be captured from the BIMS portal once
the bidder has applied on it.

2.13 Late BIDs

E-procurement portal CPPP website https:// eprocure.gov.in/eprocure/appand BIMS

portal (www.bims.gov.in)shall not allow submission of any Bid after the prescribed
date and time at clause 2.12.

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of BID documents

2.14.1.1 It is mandatory for all the Bidders to have class-III Digital Signature Certificate
(DSC)(in the name of Authorized Signatory / Firm or Organisation / Owner of the
Firm or Organisation) from any of the licensed Certifying Agency (Bidders can see
the list of licensed CAs from the link www.cca.gov.in) to participate in e-tendering
of MoRT&H/ NHAI/NHIDCL/BRO/State Pwd.

DSC should be in the name of the authorized signatory as authorized in Appendix III
of this RFP or person executing/delegating such Appendix III in favour of
34
 Authorized Signatory. It should be in corporate capacity (that is in Bidder capacity /
in case of JV in the Lead Member capacity, as applicable). The Bidder shall submit
document in support of the class III DSC. In other cases, the bid shall be considered
Non-responsive.

2.14.1.2To participate in the bidding, it is mandatory for the Bidders to get registered their
firm / Joint Venture with e-procurement portal https://
eprocure.gov.in/eprocure/appto have user ID & password which has to be
obtained free of cost. Following may kindly be noted:

(a) Registration with e-procurement portal should be valid at least up to the date of
submission of BID.

(b) BIDs can be submitted only during the validity of registration.

It is also mandatory for the Bidders to get their firms registered with e-tendering
portal and BIMS portal (www.bims.gov.in). The Bidders shall update their project
and other details on the portal on a regular basis and apply to the tenders via the
portal.

2.14.1.3 If the firm / Joint Venture is already registered with e-tendering service provider,
and validity of registration is not expired, then the firm / Joint Venture is not
required a fresh registration.

2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-
procurement portal https:// eprocure.gov.in/eprocure/appfrom 04.03.2024 to
18.04.2024 (upto17.30 Hrs. IST)and BIMS portal (www.bims.gov.in) from
04.03.2024 to 18.04.2024 (upto17.30 Hrs. IST)

2.14.1.5 Deleted

2.14.2 Preparation & Submission of BIDs:

2.14.2.1 The Bidder may submit his Bid online following the instructions appearing on the
screen. The detailed guidelines for e-procurement is also available on e-
procurement portal and BIMS portal (www.bims.gov.in).

2.14.2.2 The documents listed at clause 2.11.1 shall be prepared and scanned in different
files (in PDF or RAR format such that file size is not more than 30 MB) and
uploaded during the on-line submission of BID.

2.14.2.3 Bid must be submitted online only through e-procurement portal https://
eprocure.gov.in/eprocure/app using the digital signature of authorised
representative of the Bidder on or before 18.04.2024 (upto17.30 hours IST) and
the bidder must apply on the BIMS portal [www.bims.gov.in] on or before
18.04.2024 (upto17.30 Hrs IST).

2.14.3 Modifications/ Substitution/ withdrawal of BIDs

35
2.14.3.1 The Bidder may modify, substitute or withdraw its e- BID after submission prior
to the BID Due Date. No BID can be modified, substituted or withdrawn by the
Bidder on or after the BID Due Date & Time.

2.14.3.2 For modification of e-BID, Bidder has to detach its old BID from e-procurement
portal and upload / resubmit digitally signed modified BID. For withdrawal of
BID, Bidder has to click on withdrawal icon at e-procurement portal and can
withdraw its e-BID. Before withdrawal of a BID, it may specifically be noted that
after withdrawal of a BID for any reason, Bidder cannot re-submit e-BID
again.For modification of theapplication mode (sole I JV), Bidder has to switch
the mode according to theguidelines provided in the aforementioned Bidder
Manual available on the BIMSportal. For withdrawal of bid, the bidder can click
on 'Delete Participation' asmentioned in the guidelines in the Bidder Manual."

2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The Ministry/State PWD(NH) Maharashtra shall on-line open Technical BIDs on
19.04.2024 at 12.00hours IST, in the presence of the authorized representatives of the
Bidders, who choose to attend. Technical BID of only those Bidders shall be online
opened who have submitted their BIDs both on CPPP Portal and BIMS Portal. The
MoRT&H/State PWD(NH) Maharashtra will subsequently examine and evaluate the
BIDs in accordance with the provisions of Section 3 of RFP.

2.16 Rejection of BIDs

2.16.1 Notwithstanding anything contained in this RFP, the Authority reserves the right
to reject any BID and to annul the Bidding Process and reject all BIDs at any time
without any liability or any obligation for such acceptance, rejection or
annulment, and without assigning any reasons thereof. In the event that the
Authority rejects or annuls all the BIDs, it may, in its discretion, invite all eligible
Bidders to submit fresh BIDs hereunder.

2.16.2 The Authority reserves the right not to proceed with the Bidding Process at any time,
without notice or liability, and to reject any BID without assigning any reasons.

2.17 Validity of BIDs

The BIDs shall be valid for a period of not less than 120 (one hundred and twenty) days
from the BID Due Date. The validity of BIDs may be extended by mutual consent of
the respective Bidders and the Authority.

2.18 Confidentiality

Information relating to the examination, clarification, evaluation and

recommendation for the Bidders shall not be disclosed to any person who is not
officially concerned with the process or is not a retained professional advisor
advising the Authority in relation to, or matters arising out of, or concerning the
Bidding Process. The Authority will treat all information, submitted as part of the BID,
in confidence and will require all those who have access to such material to treat the
same in confidence. The Authority may not divulge any such information unless it is
36
 directed to do so by any statutory entity that has the power under law to require its
disclosure or is to enforce or assert any right or privilege of the statutory entity
and/ or the Authority or as may be required by law or in connection with any
legal process.

2.19 Correspondence with the Bidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to acceptance or rejection of any BID.
However, the Authority would display the result of technical evaluation on the
web portal for 7 days including reasons for non- responsiveness, if any, and the
financial bid will be opened thereafter.

D. BID SECURITY

2.20 BID Security

2.20.1 The Bidder shall furnish as part of its BID, a BID Security referred to in Clause 1.2.4
herein above in the form of a bank guarantee issued by nationalised bank, or a
Scheduled Bank in India having a net worth of at least Rs. 1,000 crore (Rs. one
thousand crore), in favour of the Authority in the format at Appendix-II (the “Bank
Guarantee”) and having a validity period of not less than 180 (one hundred eighty)
days from the BID Due Date, inclusive of a claim period of 60 (sixty) days, and
may be extended as may be mutually agreed between the Authority and the
Bidder from time to time. This Bank Guarantee shall be transmitted through
SFMS Gateway to [Ministry/NHAI/NHIDCL/State PWD/BRO]’s Bank. In case
the Bank Guarantee is issued by a foreign bank outside India, confirmation of the
same by any nationalised bank in India is required. For the avoidance of doubt,
Scheduled Bank shall mean a bank as defined under Section 2(e) of the Reserve
Bank of India Act, 1934. A scanned copy of the Bank Guarantee shall be uploaded on e-
procurement portal while applying to the tender.

2.20.2 Any BID not accompanied by the BID Security shall be summarily rejected by the
Authority as non-responsive.

2.20.3 Deleted.

2.20.4 The Authority shall entitled to forfeit and appropriate the BID Securityas Damages
inter alia in any of the events specified in Clause 2.20.5herein below. The Bidder, by
submitting its BID pursuant to this RFP, shall be deemed to have acknowledged and
confirmed that the Authority will suffer loss and damage onaccount of withdrawal of
its BID or for any other default by the Bidder during the period of BID validity as
specified in this RFP. No relaxation of any kind on BID
Security shall be given to any Bidder.

2.20.5 The BID Security shall be forfeited and appropriated by the Authority as damages
for, inter-alia, time cost and effort of the Authority without prejudice to any other right
or remedy that may be available to the Authority under the bidding documents and / or
under the Agreement, or otherwise, under the following conditions:

(a) Deleted
(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Section 4 of this RFP;
37
 (c) If a Bidder withdraws its BID during the period of Bid validity as specified in this
RFP and as extended by mutual consent of the respective Bidder(s) and the
Authority;
(d) In the case of Selected Bidder, if it fails within the specified/extended time limit by
Authority -
(i) to sign and return the duplicate copy of LOA;
(ii) to furnish the Performance Security /Additional Performance Security
(if any) as per Clause 2.21; or
(iii) to sign the Agreement;

2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder
shallfurnishtotheAuthorityanirrevocableandunconditionalguaranteefrom
aBankintheformsetforthin Annex-VII (the “PerformanceSecurity”) for an amount
equal to 3% (three percent)8of its Bid Price. In case of bids mentioned below, the
Selected Bidder, along with the Performance Security,
shallalsofurnishtotheAuthorityanirrevocableandunconditionalguarantee
fromaBankinthesameformgivenatAnnex-VII towardsanAdditional Performance
Security (the “Additional Performance Security”) for an amount calculated as under:

(i) If the Bid Price offered by the Selected Bidder is lower than 20% of the
estimated Project Cost/cost put to tender, the Additional Performance Security
shall be calculated @20% of the difference in the (i) Estimated Project Cost (as
mentioned in RFP)- 20% of the Estimated Project Cost and (ii) the Bid Price
offered by the selected Bidder.

(ii) Maximum limit of additional performance security shall be limited to 3% of

the Bid price offered by the selected bidder.

(iii)The Additional Performance Security shall be treated as part of the

Performance Security.

(iv) Additional Performance security shall be taken only after approval of the
Secretary, Ministry of Road Transport & Highways, mentioning specific
reasons justifying the requirement of additional performance security along
with track record of the bidder.

2.21.2 The Performance Security shall be valid until 60(sixty) days after the Defects
Liability Period. The Additional Performance Security shall be valid until 28
(twenty eight) days after Project Completion Date.

2.21.3 The Selected Bidder has the option to provide 50% of the Performance Security
and 50% of the Additional Performance Security, if any, within 30 (thirty) days of
receipt of Letter of Acceptance, in any case before signing of the Contract
Agreement and the remaining Performance Security and Additional Performance
Security, if any, shall be submitted within 30 days of signing of the agreement.

8
All tenders/Contract issued / concluded till 31.12.2021 shall have the provision of 3% Performance Security.
Thereafter, the performance security will be 5%.
38
2.21.4 In the event the Selected Bidder fails to provide the remaining Performance
Security and Additional Performance Security, if any, as prescribed herein, it may
seek extension of time for a further period upto 60 days by paying the Damages
upfront along with the request letter seeking the extension. The Damages shall be
the sum calculated at the rate of 0.01% (zero point zero one per cent) of the Bid
Price offered by the Selected Bidder for each day until the Performance Security
and Additional Performance Security, if any, is provided in full as prescribed
herein. The damages at full rate as given above shall be applicable even if a part of
the Performance Security and the Additional Performance Security is provided.

2.21.5 For avoidance of any doubt, in case of failure of submission of Performance

Security and Additional Performance Security, if any, within the additional 60
days’ time period, the award shall be deemed to be cancelled/ withdrawn and the
Bid Security shall be encashed and the proceeds thereof appropriated by the
Authority. Thereupon all rights, privileges, claims and entitlements of the
Contractor under or arising out of the Award shall be deemed to have been waived
by, and to have ceased with the concurrence of the Contractor, and the Award
shall be deemed to have been withdrawn by the Authority

2.22 The agreement will be executed within 10 days of receipt of 50% Performance Security
and 50% of Additional Performance Security, if any, as per sub-clause 2.21 above.

39
 SECTION-3
EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF
FINANCIAL BIDS

3.1 Evaluation of Technical Bids

3.1.1 The Authority shall open the BIDs received physically & online at 12.00 hours IST on
19.04.2024, at the place specified in Clause 2.11.4(i); and in the presence of the
Bidders who choose to attend. The Authority shall prepare minutes of the BID opening,
including information disclosed to those present at the time of BID opening.

3.1.2 Technical Bids of those Bidders who have not submitted their Bid online on both CPPP
Portal and BIMS Portal, shall not be considered for opening and evaluation.

3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in

formats other than those specified herein, the Authority may, in its sole discretion,
exclude the relevant information for consideration of eligibility and qualification of the
Bidder.

3.1.4 To facilitate evaluation of Technical BIDs, the Authority may, at its sole
discretion, seek clarifications in writing from any Bidder regarding its Technical BID.
Such clarification(s) shall be provided within the time specified by the Authority for this
purpose. Any request for clarification(s) and all clarification(s) in response thereto shall
be in writing.The bids will be examined and evaluated on the BIMS portal in accordance
with the provisions set out in this Section 3. The Authority will subsequently flag issues,
if any with the data updated by the Bidders.

3.1.5 If a Bidder does not provide clarifications sought under Clause 3.1.4 above within the
prescribed time, its Bid may be liable to be rejected. In case the Bid is not rejected, the
Authority may proceed to evaluate the Bid by construing the particulars requiring
clarification to the best of its understanding, and the Bidder shall be barred from
subsequently questioning such interpretation of the Authority.

3.1.6 Tests of responsiveness

3.1.6.1 As a first step towards evaluation of Technical BIDs, the Authority shall determine
whether each Technical BID is responsive to the requirements of this RFP. A
Technical BID shall be considered responsive only if:

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI(Bid Capacity format);
(b) Scanned copies of Documents listed at clause 2.11.2 are received on BIMS or
CPPP as mentioned;
(c) Technical Bid is accompanied by the BID Security as specified in Clause 1.2.4 and
2.20;
(d) The Power of Attorney is uploaded on e-procurement portal and BIMS portalas
specified in Clauses 2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint
Venture and the Joint Bidding Agreement as specified in Clause 2.1.6, if so
required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
40
 (h) Copy of online receipt/ original documents towards submission of Rs.11800/- [Rs.
Eleven Thousand Eight Hundred] towards the cost of tender [Tender fee Rs.
10000/- to be submitted through the portal “bharatkosh.gov.in” (receipt / document
to be submitted online payment to be submitted online on eprocure.gov.in and
original copy to be submitted with hard copy of bid] + 18% GST amounting to Rs.
1800/- either through demand draft drawn in favour of Executive Engineer NH
Divisio Ratnagiri .to be paid and accounted for as GST by the Executive Engineer
NH Division OR to be paid by the Contractor towards GST against the tender fee,
and in which case documentary proof of the same to be enclosed with hard copy of
bid] is received;

3.1.6.2 The Authority reserves the right to reject any Technical BID which is non-responsive
and no request for alteration, modification, substitution or withdrawal shall be
entertained by the Authority in respect of such BID.

3.1.7 In the event that a Bidder claims credit for an Eligible Project, and such claim is
determined by the Authority as incorrect or erroneous, the Authority may reject / correct
such claim for the purpose of qualification requirements.

3.1.8 The Authority will get the BID security verified from the issuing authority and after due
verification, the Authority will evaluate the Technical BIDs for their compliance to the
eligibility and qualification requirements pursuant to clause 2.2.1 & 2.2.2 of this RFP.

3.1.9 The BIDs will be evaluated by the Authority. 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. The Authority shall publish/upload the list of technically eligible
bidders on the BIMS portal / CPPP Portal and provide seven days for receipt of
comments from bidders. Once the technical evaluation has been finalized, the Authority
shall use the CPPP portal for opening the financial bids of the technically qualified
bidders, and for determination of the L1 bidder

3.2 Opening and Evaluation of Financial Bids

The Authority shall inform the venue and time of online opening of the Financial Bids
to the technically responsive Bidders through e-procurement portal and e-mail. The
Authority shall open the online Financial Bids of the technically responsive Bidders
only on scheduled date and time in the presence of the authorised
representatives of the Bidders who may choose to attend. The Authority shall
publicly announce the Bid Prices quoted by the technically responsive Bidder.
Thereafter, the Authority shall prepare a record of opening of Financial Bids.

3.3 Selection of Bidder

3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6. The bidder shall be declared as the selected
Bidder (the "Selected Bidder") in pursuance to the procedure defined hereunder:

(i) Among all the responsive bidder, the lowest bidder will be termed as L1. If L1 is
'Class -I Local Supplier', the contract will be awarded to L1.

41
(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 localsupplier' within the margin of
purchase preference matches the L1 price, the contract shall be awarded to the L1
bidder.

'Margin of purchase preference' means the maximum extent to which the price
quoted by a 'Class I local supplier' may be above the L1 for the purpose of purchase
preference. The margin of purchase preference shall be 20%.

3.3.2 In the event that two or more Bidders quote the same BID Price (the "Tie BIDs"),
the Authority shall identify the Selected Bidder by draw of lots, which shall be
conducted, with prior notice, in the presence of the Tie Bidders who choose to attend.

3.3.3 In the event that the Lowest Bidder is not selected for any reason except the reason
mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the Bidding Process and
invite fresh BIDs. In the event that the Authority rejects or annuls all the BIDs, it
may, in its discretion, invite all eligible Bidders to submit fresh BIDs hereunder.

3.3.4 After selection, a Letter of Acceptance (the “LOA”) shall be issuedin the format set
forth in Appendix-VIII, in duplicate, by the Authority to the Selected Bidder and
the Selected Bidder shall, within 7(seven) days of the receipt of the LOA, sign and
return the duplicate copy of the LOA in acknowledgement thereof. In the event the
duplicate copy of the LOA duly signed by the Selected Bidder is not received by
the stipulated date, the Authority may, unless it consents to extension of time for
submission thereof, appropriate the BID Security of such Bidder as Damages on
account of failure of the Selected Bidder to acknowledge the LOA.

3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause
the Bidder to submit Performance Security and Additional Performance Security (if
any)within the period prescribed/extended by Authority and then execute the
Agreement within the period prescribed in Clause 1.3. The Selected Bidder shall not
be entitled to seek any deviation, modification or amendment in the Agreement.

3.3.6 Authority shall return Bid Security of all bidders except L-1 and L -2 within 7 working
days from opening of financial Bid subject to provision of Clause 2.1.12 (4). The bid
security of L-2 bidder shall be returned within 7 working days of issue of LOA. The
Authority shall be responsible to return the Bid Security, as above, and the bidders
shall not be required to ask for the same.

3.4 Contacts during BID Evaluation

BIDs shall be deemed to be under consideration immediately after they are opened and
until such time the Authority makes official intimation of award/ rejection to the
Bidders. While the BIDs are under consideration, Bidders and/ or their representatives
or other interested parties are advised to refrain, save and except as required under the
42
 Bidding Documents, from contacting by any means, the Authority and/ or their
employees/ representatives on matters related to the BIDs under consideration.

3.5 Correspondence with Bidder

Save and except as provided in this RFP, the Authority shall not entertain any
correspondence with any Bidder in relation to the acceptance or rejection of any Bid.

3.6 Any information contained in the Bid shall not in any way be construed as binding on the
Authority, its agents, successors or assigns, but shall be binding against the Bidder if the
Project is subsequently awarded to it on the basis of such information.

43
 SECTION-4

FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent to
the issue of the LOA and during the subsistence of the Agreement. Notwithstanding
anything to the contrary contained herein, or in the LOA or the Agreement, the
Authority may reject a BID, withdraw the LOA, or terminate the Agreement, as the
case may be, without beingliableinany manner whatsoever to the Bidder, if it
determines that the Bidder, directly or indirectly or through an agent, engaged in
corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice in the Bidding Process. In such an event, the Authority shall be
entitled to forfeit and appropriate the Bid Security or Performance Security, as the
case may be, as Damages, without prejudice to any other right or remedy that
may be available to the Authority under the Bidding Documents and/ or the
Agreement, or otherwise.

4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove and the
rights and remedies which the Authority may have under the LOA or the
Agreement, or otherwise if a Bidder or Contractor, as the case may be, is found by
the Authority to have directly or indirectly or through an agent, engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice during the Bidding Process, or after the issue of the LOA or the
execution of the Agreement, such Bidder shall not be eligible to participate in any
tender or RFP issued by the Authority during a period of 2 (two) years from the date
such Bidder, or Contractor, as the case may be, is found by the Authority to have
directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practices, as the case may be.

4.3 For the purposes of this Section 4, the following terms shall have the meaning
hereinafter respectively assigned to them:

(a) “corrupt practice” means the offering, giving, receiving or soliciting of anything of
value, pressurizing to influence the action of a public official in the process of tendering
and execution of the project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of

facts or disclosure of incomplete facts, in order to influence the Bidding Process;

(c) “coercive practice” means impairing or harming, or threatening to impair or harm,

directly or indirectly, any person or property to influence any person’s participation
or action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with
or employed or engaged by the Authority with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding
Process; or (ii) having a Conflict of Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Bidders with the objective of restricting or manipulating a
full and fair competition in the Bidding Process.

44
 SECTION-5

PRE-BID CONFERENCE

5.1 Pre-BID conference of the Bidders shall be convened at the designated date, time
and place. A maximum of two representatives of prospective Bidders shall be
allowed to participate on production of authority letter from the Bidder.

5.2 During the course of Pre-Bid conference(s), the Bidders will be free to seek
clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavour to provide clarifications and such further information as it
may, in its sole discretion, consider appropriate for facilitating a fair, transparent and
competitive Bidding Process.

45
 SECTION-6

MISCELLANEOUS

6.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at [New Delhi] shall have exclusive jurisdiction over
all disputes arising under, pursuant to and/ or in connection with the Bidding
Process.

6.2 The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) suspend and/ or cancel the BiddingProcess and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Bidderinorder to receive clarification or further
information;
(c) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Bidder; and/ or
(d) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on
behalf of any Bidder.

6.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the
Authority, its employees, agents and advisers, irrevocably, unconditionally, fully
and finally from any and all liability for claims, losses, damages, costs, expenses or
liabilities in any way related to or arising from the exercise of any rights and/ or
performance of any obligations hereunder, pursuant hereto and/ or in connection
with the Bidding Process and waives, to the fullest extent permitted by applicable
laws, any and all rights and/ or claims it may have in this respect, whether actual or
contingent, whether present or in future.

46
 APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

[The Chief Engineer of the concerned Project Zone / Chief Engineer (NH) PWD]

Chief Engineer,
National Highway (P.W.),
Mumbai 5 th Floor, KonkanBhawan Sector-10,
CBD Belapur,
Navi Mumbai- 400614
Phone/ Fax: +91-22-27562370
e-mail: [email protected]

Sub: BID for Talere Gaganbawada Road NH 166G Km. 23/250 to 28/320 Treatment for
Five critical land slide prone spots posing significant threat to the safety of travellours is
Karul Ghat section in the State of Maharashtra.Project

Dear Sir,

With reference to your RFP document dated *** **$, I/we, having examined the Bidding
Documents and understood their contents, hereby submit my/our BID for the aforesaid
Project. The BID is unconditional and unqualified.

2. I/ We acknowledge that the Authority will be relying on the information provided

in the BID and the documents accompanying the BID for selection of the
Contractor for the aforesaid Project, and we certify that all information provided
in the Bid and its the Annexure I to VI along with the supporting documents are true
and correct; nothing has been omitted which renders such information misleading; and
all documents accompanying the BID are true copies of their respective originals.

3. This statement is made for the express purpose of our selection as EPC Contractor for
the development, construction, rehabilitation and augmentation of the aforesaid
Project and maintenance of the Project during the Defect Liability Period.

4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the BID.

5. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.

6. I/ We certify that in the last two years, we/ any of the JV partners have neither failed
to perform for the works of Expressways, National Highways, ISC &EI works,, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a
judicial pronouncement or arbitration award against us, nor been expelled or
terminated by Ministry of Road Transport & Highways or its implementing
agenciesfor breach on our part.

7. I/ We declare that:

47
 (a) I/ We have examined and have no reservations to the Bidding Documents, including
any Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c)
and 2.6.4 of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged
in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice, as defined in Clause 4.3 of the RFP document, in
respect of any tender or request for proposal issued by or any Agreement entered
into with the Authority or any other public sector enterprise or any government,
Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on
our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the
RFP for the Project and information mentioned for the evaluation of the BID
Capacity in Annexure VI were true and correct as on the date of making the
Application and are also true and correct as on the BID Due Date and I/we shall
continue to abide by them.

8. I/ We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any BID that you may receive nor to invite the
Bidders to BID for the Project, without incurring any liability to the Bidders, in
accordance with Clause 2.16.2 of the RFP document.

9. I/We believe that we/our Joint Venture satisfy(s) the Threshold Technical
Capacity, Net Worth criteria and meet(s) the requirements as specified in the RFP
document.

10. I/ We declare that we/ any Member of the Joint Venture or our/Joint Venture member,
are not a Member of any other Joint Venture submitting a BID for the Project.

11. I/ We certify that in regard to matters other than security and integrity of the
country, we/ any Member of the Joint Venture or any of our/their Joint venture
member have not been convicted by a Court of Law or indicted or adverse orders
passed by a regulatory authority which could cast a doubt on our ability to undertake
the Project or which relates to a grave offence that outrages the moral sense of the
community.

12. I/ We further certify that in regard to matters relating to security and integrity of the
country, we/ any Member of the Joint Venture or any of our/their Joint venture
memberhave not been charge-sheeted by any agency of the Government or convicted
by a Court of Law.

13. I/ We further certify that no investigation by a regulatory authority is pending either

against us/any member of Joint Venture or against our CEO or any of our
directors/ managers/ employees.

14. I/ We further certify that we are not disqualified in terms of the additional criteria
specified by the Department of Disinvestment in their OM No. 6/4/2001-DD-II
dated 13.7.01, a copy of which forms part of the RFP at Annexure VII of

48
 Appendix-IA thereof.

15. I/ We undertake that in case due to any change in facts or circumstances during the
Bidding Process, we are attracted by the provisions of disqualification in terms of
the guidelines referred to above, we shall intimate the Authority of the same
immediately.

16. I/We further acknowledge and agree that in the event such change in control occurs
after signing of the Agreement upto its validity. It would, notwithstanding anything
to the contrary contained in the Agreement, be deemed a breach thereof, and the
Agreement shall be liable to be terminated without the Authority being liable to us
in any manner whatsoever.

17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage
at law or howsoever otherwise arising to challenge or question any decision taken by
the Authority in connection with the selection of the Bidder, or in connection
with the Bidding Process itself, in respect of the above mentionedProject and the
terms and implementation thereof.

18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into
a Agreement in accordance with the draft that has been provided to me/us prior to the
BID Due Date. We agree not to seek any changes in the aforesaid draft and agree to
abide by the same.

19. I/ We have studied all the Bidding Documents carefully and also surveyed the
[project highway and the traffic]. We understand that except to the extent as
expressly setforthin the Agreement, we shall have no claim, right or title arising out of
any documents or information provided to us by the Authority or in respect of any
matter arising out of or relating to the Bidding Process including the award of
Agreement.

20. I/ We offer a BID Security of .6.95 Lakh( Six Lakh Ninety Five Thousand Only)to
the Authority in accordance with the RFP Document.

21. The BID Security in the form of a Bank Guarantee is attached.

22. The documents accompanying the Technical BID, as specified in Clause 2.11.1 of the
RFP, have been submitted in separate files.

23. I/ We agree and understand that the BID is subject to the provisions of the Bidding
Documents. In no case, I/we shall have any claim or right of whatsoever nature if the
Project / Contract is not awarded to me/us or our BID is not opened or rejected.

24. The BID Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft Agreement, our ownestimates of
costs and after a careful assessment of the site and allthe conditions that may affect
the project cost and implementation of the project.

25. I/ We agree and undertake to abide by all the terms and conditions of the RFP
document.

26. {We, the Joint Venture agree and undertake to be jointly and severally liable

49
 for.allthe obligations of the EPC Contractor under the Contract Agreement}.

27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID
Due Date specified in the RFP.

28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.

In witness thereof, I/we submit this BID under and in accordance with the terms of the
RFPdocument.

Yours faithfully,

Date: (Signature, name and designation

Place: of the Authorised signatory)

Name & seal of Bidder/Lead Member

Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to
it, and ‘Deleted’ may be indicated there

50
 APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
[Chief Engineer,
National Highway (P.W.),
Mumbai 5 th Floor, KonkanBhawan Sector-10,
CBD Belapur,
Navi Mumbai- 400614
Phone/ Fax: +91-22-27562370
e-mail: [email protected]]

Sub: BID for Talere Gaganbawada Road NH 166G Km. 23/250 to 28/320 Treatment for
Five critical land slide prone spots posing significant threat to the safety of travellours is
Karul Ghat section in the State of Maharashtra.Project

Dear Sir,

With reference to your RFP document dated *** **, I/we, having examined the
Bidding Documents and understood their contents, hereby submit my/our BID for the
aforesaid Project. The BID is unconditional and unqualified.

2. I/ We acknowledge that the Authority will be relying on the information provided

in the BID and the documents accompanying the BID for selection of the
Contractor for the aforesaid Project, and we certify that all information provided
in the Bid are true and correct; nothing has been omitted which renders such
information misleading; and all documents accompanying the BID are true copies of
their respective originals.

3. The BID Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft Agreement, our own estimates of
costs and after a careful assessment of the site and all the conditions that may affect
the project cost and implementation of the project.

4. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.

5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into
a Agreement in accordance with the draft that has been provided to me/us prior to
the BID Due Date. We agree not to seek any changes in the aforesaid draft and
agree to abide by the same.

6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID
Due Date specified in the RFP.

7. I/ We hereby submit our BID and offer a BIDPriceRs..........................................

(Rs...................................... in words) for undertaking the aforesaid Project in
accordance with the Bidding Documents and the Agreement.

Yours faithfully,

51
Date: (Signature, name and designation of
the
Place: Authorised Signatory )
Name & seal of Bidder/Lead Member:..........
Class III DSC ID of Authorised Signatory:.............
Appendix IA
Annex-I

52
 ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in
India:
(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Bidder including details of its main lines of

business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication for
the Authority:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
(g) Fax Number:

4. Particulars of the Authorised Signatory of the Bidder:

(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
(e) Fax Number:
(f) Class III Digital Signature Certificate ID number

5. In case of a Joint Venture:

(a) The information above (1-4) should be provided for all the Members of the
Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should
be attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:
Sl. Name of Member Role* Share of work in the
{Refer Clause Project{Refer Clauses
2.1.11(d)}$ 2.1.11(a), (f) & (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant, should be
indicated in accordance with instruction 4 at Annex-IV.

………contd
Appendix IA
Annex-I

$
All provisions contained in curly parenthesis shall be suitably modified by the Applicant to reflect the
particulars relating to such Applicant.

53
(d) The following information shall also be provided w.r.t para 2.1.14for each Member
of the Joint Venture:
Name of Applicant/ member of Joint Venture:
Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been
barred by the Ministry of Road Transport
&Highwaysor its implementing agencies for the
works of Expressways, National Highways, ISC and
El works, from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on
BID due date.

6(a) I/ We certify that in the last two years, we/ any of the JV partners have neither
failed to perform for the works of Expressways, National Highways, ISC & EI works, as
evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitral award against us, nor been expelled or terminated by Ministry of
Road Transport & Highways or its implementing agencies for breach on our part.

(b) I/ We certify that we/ any of the JV partners do not fall in any of the categories of
being a Non-Performing entity given at Clause 2.1.14 of Instructions to Bidders in the
projects of Expressways, National Highways, ISC and EI works of Ministry of Road
Transport & Highways or its implementing agencies and furnished the complete details.

7(a) I/ We further certify that no investigation by a regulatory authority is pending either

against us/any member of Joint Venture or our sister concern or against our CEO or any of
our directors/managers/employees.

(b) I/ We further certify that no investigation by any investigating agency in India or

outside is pending either against us/ any member of Joint Venture or our sister concern or
against our CEO or any of our directors/managers/employees.

A statement by the Bidder and each of the Members of its Joint Venture (where applicable)
disclosing material non-performance or contractual non-compliance in current projects, as
on bid due date is given below (attach extra sheets, if necessary) w.r.t. para 2.1.14.

Name of the Bidder /Member of JV: __________________________

Sr. Categories of Non-Performer Project 1 Project 2

No.
(i) Fails to complete or has missed more than two milestones
in already awarded two or more projects, even after lapse
of 6 months from the scheduled completion date, unless
Extension of Time has been allowed on the
recommendations of the Independent Engineer due to
Authority's default;
(ii) Fails to complete a project, as per revised schedule, for

54
 which One Time Fund Infusion (OTFI) has been
sanctioned by the Authority;
(iii) Physical progress on any project is not commensurate with
the funds released (equity+ debt+grant) from the escrow
account and such variation is more than 25% in last one
year as observed by the Independent Engineer in one or
more projects;
(iv) Punch List Items in respect of any project are pending due
to Bidder's default in two or more Projects even after lapse
of the prescribed time for completion of such items;
(v) Fails to fulfil its obligations to maintain a highway in a
satisfactory condition inspite of two rectification notices
issued in this behalf;
(vi) Fails to attend to Non Conformity Reports (NCRs) issued
by the Independent/ Authority’s Engineer on the designs/
works constructed by the Bidder pending for more than one
year in two or more projects.
(vii) Fails to make premium payments excluding the current
instalment in one or more projects.
(viii) Damages/Penalties recommended by the Independent/
Authority’s Engineer on the Bidder during O&M period
and the remedial works are not taken up in two or more
projects.
(ix) 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).
(x) Fails to submit the Performance Security within the
permissible period in more than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-
performing entity by an independent third party agency and
so notified on the website of the Authority.

I/ We certify that the list is complete and covers all the projects of Expressways, National
Highways, ISC and EI works of Ministry of Road Transport & Highways or its
implementing agencies and that we/ any of the JV partners do not fall in any of the above
categories of being a Non-Performing entity.
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………………..

55
 Annex-II
ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant Project Cate- Experience** (Equivalent Rs. crore)$$ Technical
type Code* gory$ Payments received for Value of self- Experience£
construction of Eligible construction in Eligible
Projects in Categories 3 Projects in Categories 1
&4 and 2
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
Member c
including other d
members of the e
Joint Venture f
Aggregate Technical Experience =
@
Provide details of only those projects that have been undertaken by the Applicant, or its
Lead member including members in case of joint venture, under its own name separately
and/ or by a project company eligible under Clause 2.2.2.6(i)(b). In case of Categories 1
and 2, include only those projects which have an estimated capital cost exceeding the
amount specified in Clause 2.2.2.6(i)(c) and for Categories 3 and 4, include only those
projects where the payments received exceed the amount specified in Clause 2.2.2.6(ii). In
case the Bid Due Date falls within 3 (three) months of the close of the latest financial year,
refer to Clause 2.1.13.

* Refer Annex-IV of this Appendix-I. Add more rows if necessary.

$
Refer Clause 2.2.2.5(i)

**Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project. In no
case shall the cost of maintenance and repair, operation of Highways and land be included
while computing the Experience Score of an Eligible Project.
$$
For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)9
to a US Dollar.
£
. In the case of an Eligible Project situated in an OECD country, the Experience Score so
arrived at shall be further multiplied by 0.5, in accordance with the provisions of Clause
2.2.2.5(ii) and the product thereof shall be the Experience Score for such Eligible Projects.

NOTE:In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I

shall be provided separately for other Members so as to establish that each such Member has
20 percent or more of the Threshold Technical Capacity. (Refer Clause 2.2.2.4).

9
The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the
Reserve Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight)
days prior to the Application Due Date.

56
 Annex-III
ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore$)
Bidder type Net Cash Accruals Net Worth£
Year 1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead Member
including other members of the Joint
Venture
TOTAL

Bidder type Annual Turnover Average

Year 1 Year 2 Year 3 Year 4 Year 5 Annual
(Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation Turnover
factor factor factor factor factor (In Rs.
crore$)
1 2 3 4 5 6 7 8 9 10 11 (2x3+4x5+6x
7+8x9+10x11
)/5
Single entity 1.00 1.05 1.10 1.15 1.20
Bidder or
Lead
Member
including
other
members of
the Joint
Venture

Name & address of Bidder’s Bankers:

$
For conversion of other currencies into rupees, see note below Annex-II of Appendix-I.
£
The Bidder should provide details of its own Financial Capacity.

Instructions:

1. The Bidder shall attach copies of the balance sheets, financial statements and
Annual
Reports for 5 (five) years preceding the Bid Due Date. The financial statements
shall:
(a) reflect the financial situation of the Bidder;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation.

3. Net Worth (the “Net worth”) shall meansthe aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account,

57
 after deducting the aggregate value of the accumulated losses, deferred
expenditure and miscellaneous expenditure not written off, as per the audited
balance sheet, but does not include reserves created out of revaluation of assets,
write-back of depreciation and amalgamation.

4. Year 1 will be the latest completed financial year, preceding the bidding. Year 2
shall be the year immediately preceding Year 1 and so on. In case the Bid Due
Date falls within 3 (three) months of the close of the latest financial year, refer to
Clause 2.1.13.

5. In the case of a Joint Venture, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 2.1.15 (g) of the RFP document.

6. The Bidder shall also provide the name and address of the Bankers to the Bidder.

7. The Bidder shall provide an Auditor’s Certificate specifying the net worth of the
Bidder and also specifying the methodology adopted for calculating such net
worth in accordance with Clause 2.2.2.9 (ii) of the RFP document.

58
 Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of
Instruction the Project
Title & nature of the project
Category 5
Year-wise 6
(a) payments received for construction or work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:
1. Bidders are expected to provide information in respect of each Eligible Projects in
this Annex. The projects cited must comply with the eligibility criteria specified in
Clause 2.2.2.6 (i) and 2.2.2.6 (ii) of the RFP, as the case may be. Information
provided in this section is intended to serve as a back up for information provided in
the Application. Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for
each Eligible Project are to be stated in Annex-II of this Appendix-I. The figures to
be provided here should indicate the break-up for the past 5 (five) financial years.
Year 1 refers to the financial year immediately preceding the Bid Due Date; Year 2
refers to the year before Year 1, Year 3 refers to the year before Year 2, and so on
(Refer Clause 2.1.13). For Categories 1 and 2, expenditure on construction of the
project by the Applicant itself should be provided, but only in respect of projects
having an estimated capital cost exceeding the amount specified in Clause
2.2.2.6(i)(c). In case of Categories 3 and 4, payments received only in respect of
construction should be provided, but only if the amount received exceeds the
minimum specified in Clause 2.2.2.6(ii). Receipts for construction works should
only include capital expenditure, and should not include expenditure on maintenance
& repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and
contact details of owner/ Authority/ Agency (i.e. concession grantor, counter party to
concession, etc.) may be provided. In case of projects in Categories 3 and 4, similar
particulars of the client need to be provided.

59
8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and
2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion,
should be indicated. In case of Categories 3 and 4, date of completion of
construction should be indicated. In the case of projects under construction, the
likely date of completion or commissioning, as the case may be, shall be indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company
owning the Eligible Project, held continuously during the period for which Eligible
Experience is claimed, needs to be given (Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice.
In other words, no double counting in respect of the same experience shall be
permitted in any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be
furnished as per formats below for each Eligible Project. In jurisdictions that do not
have statutory auditors, the auditors who audit the annual accounts of the Bidder
may provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a
certificate from its statutory auditor in the format below as per Clause 2.2.2.6 (i) (d)
:
Certificate from the Statutory Auditor regarding PPP projects
Based on its books of accounts and other published information authenticated by it, this is to
certify that ……………………..(name of the Bidder) is/ was an equity shareholder in
………………..(title of the project company) and holds/held Rs. ……… cr. (Rupees
………………………….. crore) of equity (which constitutes ……..% € of the total paid up
and subscribed equity capital) of the project company from …………... (date) to
…………….. (date)¥The project was/is commenced on ………(date) and likely to be
commissioned on ……………. (date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr.
(Rupees …………………crore), of which the applicant has itself undertaken the
construction of project of Rs. ………(Rupees ………. Crores) excluding any part of the
project for which any contractor, sub-contractor or other agent was appointed for the
purpose of construction as per Clause 2.2.2.6 (i) (d) by the aforesaid Applicant itself, during
the past five financial years as per year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorized signatory)

14. If the Bidder is claiming experience under Category 3 & 4,as per Clauses 2.2.2.5
and 2.2.2.6(ii)of the RFP, it should provide a certificate from its Statutory

$
In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.
 Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the ………….. (name of project)
from ……………….. (date) to ………………… (date).”  Refer Clauses 2.2.2.5 and 2.2.2.6(ii)of the RFP.

Refer Clauses 2.2.2.5 and 2.2.2.6(ii)of the RFP.
60
 Auditor/client/Engineer-in charge/ Independent Engineer/Authority’s Engineer in the
format below:
Certificate regarding construction works
Based on its books of accounts and other published information authenticated by it,
This is to certify that ……………………..(name of the Bidder) was engaged by
………………..(title of the project company) to execute ……………… (name of
project) for …………………. (nature of project). The construction of the project
commenced on …………..(date) and the project was/ is likely to be commissioned
on …………… (date, if any). It is certified that Bidder received payments from its
Clients for Construction Works executed by themor work executed and certified by
the Engineer-in-charge/Independent Engineer/Authority’s Engineer, in the aforesaid
construction works.
We further certify that the total estimated capital cost of the project is Rs. …… cr.
(Rupees …………………crore), of which the Applicant received or has executed the
work as certified by the Engineer-in-charge/Independent Engineer/Authority’s
Engineer Rs. ……… cr. (Rupees ……………………… crore), during the past five
financial years as per year-wise details noted below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the
Applicant who undertook these works as a partner or a member of joint venture.
We further certify that applicant has a share of _____% in the Joint
Venture/Consortium.

(Authorized Signatory)

Date:

15. It may be noted that in the absence of any detail in the above certificates, the
information would be considered inadequate and could lead to exclusion of the
relevant project in computation of Experience.


Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary.
Statutory auditor means the entity that audits and certifies the annual accounts of the company. However, in
case the work of other member(s) is also executed by the applicant, then this fact should also be certified by the
Statutory Auditor and accordingly the language may be suitably modified.

This certification shouldbe strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture. This
portion may be omitted if the contract did not involve a partnership/ joint venture. In case where work is not
executed by partnership/ joint venture, this paragraph may be deleted.

61
 Appendix -IA
Annex-V

ANNEX-V
Statement of Legal Capacity

(To be forwarded on the letterhead of the Applicant/ Lead Member of Joint Venture)

Ref. Date:

To,
***********
***********

Dear Sir,

We hereby confirm that we/ our members in the Joint Venture (constitution of which has
been described in the application) satisfy the terms and conditions laid out in the RFP
document.

We have agreed that …………………… (insert member’s name) will act as the Lead
Member of our Joint Venture.*

We have agreed that ………………….. (insert individual’s name) will act as our
representative/ will act as the representative of the Joint Venture on its behalf* and has been
duly authorized to submit the RFP. Further, the authorised signatory is vested with requisite
powers to furnish such letter and authenticate the same.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

62
 Appendix - IA
Annexure-VI

Information required to evaluate the BID Capacity under clause 2.2.2.1:

To calculate the value of “A” and “C”

1. A table containing value of Civil Engineering Works in respect of EPC Projects
(Turnkey projects / Item rate contract/ Construction works) undertaken by the Bidder
during the last 5 years is as follows (the amount of bonus received, if any, shall be
indicated separately):
2.
Sl. Year Value of Civil Engg. Amount of Net Value
No. Works undertaken w.r.t. bonus (Rs. excluding
EPC Projects including in Crores) bonus (Rs. in
bonus, if any (Rs. in Crores)
Crores)
1 2022-23/2022
2 2021-22/2021
3 2020-21/2020
4 2019-20/2019
5 2018-19/2018

3. Maximum value of projects that have been undertaken during the F.Y. ________ out
of the last 5 years and value excluding amount of bonus thereof is Rs._____Crores
(Rupees__________________________). Further, value updated to the price level of
the year indicated in Appendix is as follows:

Rs. ______ Crores x _____(Updation Factor as per Appendix) = Rs. _______ Crores
(Rupees______________________________________)

4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated
to the price level of the year indicated in Appendix):
Sl. F.Y. / Calendar Amount Updation Updated Amount of
No. Year of Bonus Factor Bonus (Rs. in
(Rs. in Crores)
Crores)
1 2022-23/2022 1.00
2 2021-22/2021 1.05
3 2020-21/2020 1.10
4 2019-20/2019 1.15
5 2018-19/2018 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of Authorised
Seal of the audit firm: (Signature, name and Signatory
:designation and Membership No. of
authorised signatory) For and on behalf of ………………(Name of
Date:
Place:

63
 To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be
completed during the next ** years is as follows:

Sl. Name Percentage of Dater of Construction Value of Value of Balance Anticipated Balance value of
No. of participation start / period as per contract work value of date of work at 2021-
Project/ of Bidder in appointed Agreement/ as per completed work to be completion 22/2021price
Work the project date of LOA Agreemen completed level
project t /LOAβ

Rs. in Rs. in Crore Rs. in Crore Rs. in Crore

Crore
1 2 3 4 5 6 7 8= (6-7) 9 10(3x 8x #)

# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 2022-23/2022 1.00
2 2021-22/2021 1.05
3 2020-21/2020 1.10
4 2019-20/2019 1.15
5 2018-19/2018 1.20
The Statement showing the value of all existing commitments, anticipated value of work to
be completed in the period of construction of the project for which bid is invited and
ongoing works as well as the stipulated period of completion remaining for each of the
works mentioned above is verified from the certificate issued that has been countersigned by
the Client or its Engineer-in-charge not below the rank of Executive Engineer or equivalent
in respect of EPC Projects or Concessionaire / Authorised Signatory of SPV in respect of
BOT Projects. No awarded / ongoing works has been left in the aforesaid statement which
has been awarded to M/s………………individually / and other member M/s
……………….. and M/s ………………., as on bid due date of this RFP.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name
and designation and Membership No. of
Date: authorised signatory)
For and on behalf of ………………(Name
Place:
of the Bidder)
Date:
Place:

β
In case balance period of construction is less than the value of period of construction of the project for which
bid is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of
work to be completed in the period of construction of the project for which bid is invited is to be mentioned. In
the absence of the anticipated value of work to be completed, the proportionate value shall be considered while
evaluating the Assessed Available Bid Capacity.
64
 APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
Dated 13th July, 2001.

OFFICE MEMORANDUM

Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment

Government has examined the issue of framing comprehensive and transparent guidelines
defining the criteria for Bidders interested in PSE-disinvestment so that the parties selected
through competitive bidding could inspire public confidence. Earlier, criteria like net worth,
experience etc. used to be prescribed. Based on experience and in consultation with
concerned departments, Government has decided to prescribe the following additional
criteria for the qualification/ disqualification of the parties seeking to acquire stakes in
public sector enterprises through disinvestment:

(a) In regard to matters other than the security and integrity of the country, any
conviction by a Court of Law or indictment/ adverse order by a regulatory
authority that casts a doubt on the ability of the Bidder to manage the public
sector unit when it is disinvested, or which relates to a grave offence would
constitute disqualification. Grave offence is defined to be of such a nature
that it outrages the moral sense of the community. The decision in regard to
the nature of the offence would be taken on case to case basis after
considering the facts of the case and relevant legal principles, by the
Government of India.
(b) In regard to matters relating to the security and integrity of the country, any
charge-sheet by an agency of the Government/ conviction by a Court of Law
for an offence committed by the bidding party or by any sister concern of the
bidding party would result in disqualification. The decision in regard to the
relationship between the sister concerns would be taken, based on the
relevant facts and after examining whether the two concerns are substantially
controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment
process, would not be allowed to remain associated with it or get associated
merely because it has preferred an appeal against the order based on which it
has been disqualified. The mere pendency of appeal will have no effect on
the disqualification.

Appendix-IA
Annexure-VII
65
 Page-2

(e) The disqualification criteria would come into effect immediately and would
apply to all Bidders for various disinvestment transactions, which have not
been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to
explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested
parties would be required to provide the information on the above criteria,
along with their Expressions of Interest (EOI). The Bidders shall be required
to provide with their EOI an undertaking to the effect that no investigation by
a regulatory authority is pending against them. In case any investigation is
pending against the concern or its sister concern or against its CEO or any of
its Directors/ Managers/ employees, full details of such investigation
including the name of the investigating agency, the charge/ offence for which
the investigation has been launched, name and designation of persons against
whom the investigation has been launched and other relevant information
should be disclosed, to the satisfaction of the Government. For other criteria
also, a similar undertaking shall be obtained along with EOI.

sd/-
(A.K. Tewari)
Under Secretary to the Government of India

66
 Appendix - IA
Annexure-VIII

Details of ongoing works (Ref Clause 10.3 (iv) of Draft EPC Agreement)

S. Name of the Contract Price Appointed Original Likely Date of Reason for
No. work (INR Cr) Date Scheduled Completion Delay#
Completion
Date
1
2
3
…

#
To be supported with valid certificate issued from Independent Engineer / Authority’s
Engineer / Supervision Consultant / Engineer-in-charge

I / We certify that all the information furnished above is true in all respects.

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________

Place: __________________

67
 APPENDIX - II
Bank Guarantee for BID Security
(Refer Clauses 2.20)
B.G. No. Dated:

1. In consideration of you, ****, having its office at ****, (hereinafter referred to as the
“Authority”, which expression shall unless it be repugnant to the subject or context
thereof include its, successors and assigns) having agreed to receive the BID of
…………………… and having its registered office at ……………………… (and
acting on behalf of its JV) (hereinafter referred to as the “Bidder” which
expression shall unless it be repugnant to the subject or context thereof include
its/their executors, administrators, successors and assigns), for the*** ** Project on EPC
basis (hereinafter referred to as “the Project”) pursuant to the RFP Document dated
…………… issued in respect of the Project and other related documents including
without limitation the draft contract Agreement (hereinafter collectively referred
to as “Bidding Documents”), we (Name of the Bank) having our registered office at
………………… and one of its branches at …………………….. (hereinafter
referred to as the “Bank”), at the request of the Bidder, do hereby in terms of Clause
1.2.4 read with Clause 2.20 of the RFP Document, irrevocably, unconditionally and
without reservation guarantee the due and faithful fulfilment and compliance of
the terms and conditions of the Bidding Documents (including the RFP Document) by
the said
Bidder and unconditionally and irrevocably undertake to pay forthwith to the
Authority an amount of Rs. *** ** (Rupees *** ** only) (hereinafter referred to as
the “Guarantee”) as our primary obligation without any demur, reservation,
recourse, contest or protest and without reference to the Bidder if the Bidder shall
fail to fulfil or comply with all or any of the terms and conditions contained in the
said Bidding Documents.

2. Any such written demand made by the Authority stating that the Bidder is in
default of the due and faithful fulfilment and compliance with the terms and
conditions contained in the Bidding Documents shall be final, conclusive and
binding on the Bank.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of
whether the claim of the Authority is disputed by the Bidder or not, merely on the first
demand from the Authority stating that the amount claimed is due to the Authority by
reason of failure of the Bidder to fulfil and comply with the terms and conditions
contained in the Bidding Documents including failure of the said Bidder to keep its
BID open during the BID validity period as set forth in the said Bidding Documents
for any reason whatsoever. Any such demand made on the Bank shall be conclusive as
regards amount due and payable by the Bank under this Guarantee. However, our liability
under this Guarantee shall be restricted to an amount not exceeding Rs. ***
**(Rupees *** ** only).

4. This Guarantee shall be irrevocable and remain in full force for a period of 180 (one
hundred and eighty) days from the BID Due Date inclusive of a claim period of 60
(sixty) days or for such extended period as may be mutually agreed between the
Authority and the Bidder, and agreed to by the Bank, and shall continue to be
enforceable till all amounts under this Guarantee have been paid.
68
5. We, the Bank, further agree that the Authority shall be the sole judge to decide as
to whether the Bidder is in default of due and faithful fulfilment and compliance
with the terms and conditions contained in the Bidding Documents including,
inter alia, the failure of the Bidder to keep its BID open during the BID validity period
set forth in the said Bidding Documents, and the decision of the Authority that the
Bidder is in default as aforesaid shall be final and binding on us, notwithstanding
any differences between the Authority and the Bidder or any dispute pending before
any Court, Tribunal, Arbitrator or any other Authority.

6. The Guarantee shall not be affected by any change in the constitution or winding
up of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder
or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the fullest liberty without
affecting in any way the liability of the Bank under this Guarantee from time to time to
vary any of the terms and conditions contained in the said Bidding Documents or to
extend time for submission of the BIDs or the BID validity period or the period for
conveying acceptance of Letter of Award by the Bidder or the period for fulfilment and
compliance with all or any of the terms and conditions contained in the said Bidding
Documents by the said Bidder or to postpone for any time and from time to time
any of the powers exercisable by it against the said Bidder and either to enforce or
forbear from enforcing any of the terms and conditions contained in the said
Bidding Documents or the securities available to the Authority, and the Bank shall not
be released from its liability under these presents by any exercise by the Authority of the
liberty with reference to the matters aforesaid or by reason of time being given to the said
Bidder or any other forbearance, act or omission on the part of the Authority or any
indulgence by the Authority to the said Bidder or by any change in the constitution of
the Authority or its absorption, merger or amalgamation with any other person or any
other matter or thing whatsoever which under the law relating to sureties would but for
this provision have the effect of releasing the Bank from its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be

sufficiently given or made if addressed to the Bank and sent by courier or by
registered mail to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us

addressed to [name of Bank along with branch address] and delivered at our
above branch which shall be deemed to have been duly authorised to receive the
said notice of claim.

10. It shall not be necessary for the Authority to proceed against the said Bidder
before proceeding against the Bank and the guarantee herein contained shall be
enforceable against the Bank, notwithstanding any other security which the
Authority may have obtained from the said Bidder or any other person and which
shall, at the time when proceedings are taken against the Bank hereunder, be
outstanding or unrealised.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency
except with the previous express consent of the Authority in writing.

69
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 .6.95 Lakhs( Six Lakhs Ninety Five Thousand 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 [Ministry/NHAI/NHIDCL/State PWD/BRO], details of which
is as under:

S. No. Particulars Details

1. Name of Beneficiary In favor of Division Ratnagiri, on belalf of Chief
Executive Engineer, N.H.
2. Name of Bank ICICI Bank
3. Account No. 148205009421
4. IFSC Code ICIC0001482
5. MICR Code 415229052

Signed and Delivered by ………………………. Bank

By the hand of Mr./Ms …………………….., its ………………….. and authorised

official.

(Signature of the Authorised Signatory)

(Official-Seal)

70
 APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, We……………………………………………..
(name of the firm and address of the registered office) do hereby irrevocably
constitute, nominate, appoint and authorize Mr./ Ms (name), ……………………
son/daughter/wife of ……………………………… and presently residing at
…………………., who is presently employed with us/ the Lead Member of our Joint
Venture and holding the position of ……………………………. , as our true and
lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our
behalf, all such acts, deeds and things as are necessary or required in connection with
or incidental to submission of our BID for the Talere Gaganbawada Road NH 166G
Km. 23/250 to 28/320 Treatment for Five critical land slide prone spots posing
significant threat to the safety of travellours is Karul Ghat section in the State of
Maharashtra.
proposed or being developed by the Ministry of Road Transport & Highways (the
“Authority”) including but not limited to signing and submission of all applications, BIDs
and other documents and writings, participate in Pre-BID and other conferences and
providing information/ responses to the Authority, representing us in all matters before the
Authority, signing and execution of all contracts including the agreement and undertakings
consequent to acceptance of our BID, and generally dealing with the Authority in all matters
in connection with or relating to or arising out of our BID for the said Project and/ or upon
award thereof to us and/or until the entering into of the EPC Contract with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed
to have been done by us.

IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL

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

Seal of the Notary

Registration No. of the Notary
Date:………………
71
 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.

72
 APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the Ministry of Road Transport & Highways (“the Authority”) has invited
BIDs for the Talere Gaganbawada Road NH 166G Km. 23/250 to 28/320 Treatment
for Five critical land slide prone spots posing significant threat to the safety of
travellours is Karul Ghat section in the State of Maharashtra.Project(the “Project”)
Whereas, …………………….., …………………….., and ……………………..
(collectively the “Joint Venture”) being Members of the Joint Venture are interested in
bidding for the Project in accordance with the terms and conditions of the Request for
Proposal (RFP) and other BID documents including agreement in respect of the Project, and

Whereas, it is necessary for the Members of the Joint Venture to designate one of them as
the Lead Member with all necessary power and authority to do for and on behalf of the Joint
Venture, all acts, deeds and things as may be necessary in connection with the Joint
Venture’s BID for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …… having our registered office at ……., M/s. ….. having our registered office at …,
M/s. … having our registered office at ….., and ….. having our registered office at ………,
(hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorize M/S ……. having its registered office at
………., being one of the Members of the Joint Venture, as the Lead Member and true and
lawful attorney of the Joint Venture (hereinafter referred to as the “Attorney”). We hereby
irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business for
and on behalf of the Joint Venture and any one of us during the bidding process and, in the
event the Joint Venture is awarded the contract, during the execution of the Project and in
this regard, to do on our behalf and on behalf of the Joint Venture, all or any of such acts,
deeds or things as are necessary or required or incidental to the pre-qualification of the Joint
Venture and submission of its BID for the Project, including but not limited to signing and
submission of all applications, BIDs and other documents and writings, participate in pre
BID and other conferences, respond to queries, submit information/ documents, sign and
execute contracts and undertakings consequent to acceptance of the BID of the Joint
Venture and generally to represent the Joint Venture in all its dealings with the Authority,
and/ or any other Government Agency or any person, in all matters in connection with or
relating to or arising out of the Joint Venture’s BID for the in all respect Project and/ or
upon award thereof till the EPC Contract is entered into with the Authority & Compelled.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and
things done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed
to have been done by us/ Joint Venture.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED

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

73
 For …………………….. For …………………….. For ……………………..
(Signature) (Signature) (Signature)
………………….. ………………….. …………………..
(Name & Title) (Name & Title) (Name & Title)
(Executants)
(To be executed by all the Members of the Joint Venture)

Witnesses:
1.
2.

Notes:
 The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
 Also, wherever required, the Bidder should submit for verification the extract of the charter
documents and documents such as a board or shareholders’ resolution/ power of attorney in
favour of the person executing this Power of Attorney for the delegation of power hereunder
on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be
legalised by the Indian Embassy and notarised in the jurisdiction where the Power of
Attorney is being issued. However, the Power of Attorney provided by Bidders from
countries that have signed the Hague Legislation Convention 1961 are not required to be
legalized by the Indian Embassy if it carries a conforming Appostillecertificate.

74
 APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of
………… 20…

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter

referred to as the “First Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

AND

2. {………… Limited, having its registered office at ………… }and (hereinafter

referred to as the “Second Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter

referred to as the “Third Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)

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, represented

by its Chief Engineer cum Regional Officer and having its office at Room No-508 &
509, Konkan Bhavan,5th Floor, Sector-6, C.B.D, Belapur, Navi Mumbai- 400614]
(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 Talere Gaganbawada Road NH 166G Km. 23/250 to
28/320 Treatment for Five critical land slide prone spots posing significant threat to
the safety of travellours is Karul Ghat section in the State of Maharashtra. Project (the
“Project”) through an EPC Contract.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint
Venture and in accordance with the terms and conditions of the RFP document and
other bid documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with
the Application.

75
NOW IT IS HEREBY AGREEDas follows:

1. Definitions and Interpretations

In this Agreement, the capitalized terms shall, unless the context otherwise requires,
have the meaning ascribed thereto under the RFP.

2. Joint Venture

2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”)
for the purposes of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this
Joint Venture and not individually and/ or through any other Joint Venture
constituted for this Project, either directly or indirectly.

3. Covenants

The Parties hereby undertake that in the event the Joint Venture is declared the
selected Bidder and awarded the Project, it shall enter into an EPC Contract with the
Authority for performing all its obligations as the Contractor in terms of the EPC
Contract for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described
below:

(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have
the power of attorney from all Parties for conducting all business for and on behalf
of the Joint Venture during the Bidding Process and for performing all its obligations
as the Contractor in terms of the EPC Contract for the Project;

(b) Party of the Second Part shall be {the Member of the Joint Venture; and}

(c) Party of the Third Part shall be {the Member of the Joint Venture.}

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the terms of
the RFP and the EPC Contract, till such time as the completion of the Project is
achieved under and in accordance with the EPC Contract.

6. Share of work in the Project

The Parties agree that the proportion of construction in the EPC Contract to be
allocated among the members shall be as follows:

First Party:
76
 Second Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one)
per cent of the total length of the project highwayif the Contract is allocated to the
Joint Venture.

7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organised, validly existing and in good standing under the
laws of its incorporation and has all requisite power and authority to enter
into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement
has been authorized by all necessary and appropriate corporate or
governmental action and a copy of the extract of the charter documents and
board resolution/ power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this
Agreement on behalf of the Joint Venture Member is annexed to this
Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having

applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other

applicable organizational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other

governmental authorization, approval, judgment, order or decree or
any mortgage agreement, indenture or any other instrument to which
such Party is a party or by which such Party or any of its properties or
assets are bound or that is otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security

interests, charges or Encumbrances or obligations to create a lien,
charge, pledge, security interest, encumbrances or mortgage in or on
the property of such Party, except for encumbrances that would not,
individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to
prevent such Party from fulfilling its obligations under this
Agreement;

(c) This Agreement is the legal and binding obligation of such Party, enforceable
in accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Affiliates is a party that presently affects
or which would have a material adverse effect on the financial condition or

77
 prospects or business of such Party in the fulfillment of its obligations under
this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full
force and effect until Project completion (the “Defects Liability Period”) is achieved
under and in accordance with the EPC Contract, in case the Project is awarded to the
Joint Venture. However, in case the Joint Venture is either not pre-qualified for the
Project or does not get selected for award of the Project, the Agreement will stand
terminated in case the Applicant is not pre-qualified or upon return of the Bid
Security by the Authority to the Bidder, as the case may be.

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of {India}.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND

DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.SIGNED,
SEALED AND DELIVERED

For and on behalf of

LEAD MEMBER by: SECOND PART THIRD PART
(Signature) (Signature) (Signature)
(Name) (Name) (Name)
(Designation) (Designation) (Designation)
(Address) (Address) (Address)
In the presence of:

Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in accordance with the
procedure, if any, laid down by the Applicable Law and the charter documents of the
executant(s) and when it is so required, the same should be under common seal affixed in
accordance with the required procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the charter documents
and documents such as resolution / power of attorney in favour of the person executing this
Agreement for the delegation of power and authority to execute this Agreement on behalf of
the Joint Venture Member.
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.

78
 APPENDIX VI

INTEGRITY PACT FORMAT

(To be executed on plain paper and submitted alongwith Technical Bid/Tender documents
for tenders having a value ofRs. 5 cr or above for Consultancy projects and 100 cr. or
above for Construction projects. To be signed by the Bidder and same signatory competent/
authorized to sign the relevant contract on behalf of the MoRTH)

This integrity Pact is made at _____ on this _________day of ________2016.

BETWEEN
[President of India through Ministry of Road Transport & Highways, Government of
India represented by Director General (Road Development) & Special Secretary, Transport
Bhawan, 1- Parliament Street New Delhi-110001], (hereinafter referred to as the
“Principal/Owner” which expression shall, unless repugnant to the context or meaning
thereof, include its administrators, successors and assigns)
AND
{Name and address of the Firm/Company}, (hereinafter referred to as “The
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s)” and which expression shall unless
repugnant to be meaning or context thereof include its successors and permitted assigns.)

Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd…………………..}
(hereinafter referred to as “Tender/Bid”) and intends to award, under laid down
organizational procedure, contract/s for { Talere Gaganbawada Road NH 166G Km.
23/250 to 28/320 Treatment for Five critical land slide prone spots posing significant
threat to the safety of travellours is Karul Ghat section in the State of
Maharashtra.}(hereinafter referred to as the “Contract”).And Whereas the Principal
values full compliance with all relevant laws of the land, rules of land, regulations,
economic use of resources and of fairness/ transparency in its relations with its
Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties.
Now, therefore, in consideration of mutual covenants contained in this pact, the parties
hereby agree as follows and this pact witnesses as under:

Article-1:Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and
to observe the following principles:-
(a) No employee of the Principal, personally or through family members, will in
connection with the Tender for, or the execution of a Contract, demand, take
a promise for or accept, for self, or third person, any material of immaterial
benefit which the person is not legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with equity
and reason. The Principal will in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to
any Bidder(s) confidential/ additional information through which the
79
 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,
whose conduct in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees which is
a criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a
substantive suspicion in this regard, the Principal will inform the Chief Vigilance
Officer and in addition can initiate disciplinary actions as per its internal laid down
Rules/Regulations.

Article – 2: Commitments of the Bidder(s)/ Contractor(s)/ Concessionaire(s)/

Consultant(s).
The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to
take all measures necessary to prevent corruption. He commits himself to observe the
following principles during his participation in the tender process and during the contract
execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or
through any other person or firm, offer, promise or give to any of the Principal’s
employees involved in the tender process or the execution of the contract or to any
third person any material or other benefit which he/she is not legally entitled to, in
order to obtain in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with
other Bidders into any undisclosed agreement or understanding, whether formal or
informal. This applies in particular to prices, specifications, certifications, subsidiary
contract, submission or no submission or bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any
offence under the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for
purposes of completion or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding
plans, technical proposals and business details, including information contained or
transmitted electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall
disclose the name and address of the Agents/ Representatives in India, if any.
Similarly, the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian
Nationality shall furnish the name and address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting
his bid, disclose any and all payments he has made, is committed to or intends to
make to agents, brokers or any other intermediaries in connection with the award of
the contract. He shall also disclose the details of services agreed upon for such
payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate
third persons to commit offences outlined above or be an accessory to such offences.

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

Article – 4: Compensation for Damages.

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 (1) If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest
Money Deposit/ Bid Security or demand and recover the damages equivalent to
Earnest Money Deposit/ Bid Security apart from any other legal right that may have
accrued to the Principal.
(2) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to
forfeit the Performance Bank Guarantee of the Contractor/ Concessionaire/
Consultant and/ or demand and recover liquidated and all damages as per the
provisions of the contract/concession agreement against Termination.

Article – 5: Previous Transgressions

(1) The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any
country conforming to the anticorruption/ Transparency International (TI) approach
or with any other Public Sector Enterprise/ Undertaking in India or any Government
Department in India that could justify his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from
the tender process or action for his exclusion can be taken as mentioned under
Article-3 above for transgressions of Article-2 and shall be liable for compensation
for damages as per Article-4 above.

Article – 6: Equal treatment of all Bidders/ Contractors/ Concessionaires/ Consultants/

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

Article – 7: Criminal charges against violating Bidder(s)/ Contractor(s)/

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.
Article- 8: Independent External Monitor (IEM)
(1) The Principal has appointed Shri. R.S. Gujral as Independent External Monitor
(herein after referred to as “Monitor”) for this Pact. The task of the Monitor is to
review independently and objectively, whether and to what extent the parties comply
with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Director
General (Road Development) & Special Secretary.
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 (3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the
Monitor has the right to access without restriction to all project documentation of the
Principal including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
Consultant(s). The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)will
also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is
applicable to Subcontractors. The Monitor is under contractual obligation to treat the
information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with
confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an
impact on the contractual relations between the Principal and the Contractor. The
parties offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Management of the Principal and request the Management to
discontinue or take corrective action, or to take other relevant action. The monitor
can in this regard submit non-binding recommendations. Beyond this, the Monitor
has no right to demand from the parties that they act in a specific manner, refrain
from action or tolerate action.
(6) The Monitor will submit a written report to the Director General (Road
Development) & Special Secretary within 8 to 10 weeks from the date of reference
or intimation to him by the Principal and, should the occasion arise, submit
proposals for correcting problematic situations.
(7) If the Monitor has reported to the Director General (Road Development) & Special
Secretary, a substantiated suspicion of an offence under relevant IPC/PC Act, and
the Director General (Road Development) & Special Secretary has not, within the
reasonable time taken visible action to proceed against such offence or reported it to
the Chief Vigilance Officer, the Monitor may also transmit this information directly
to the Central Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.

Article – 9 Pact Duration

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

Article - 10 Other Provisions.

(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.

83
 (3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a
consortium Joint Venture partner, this pact must be signed by all partners or
consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive to
come to an agreement to their original intentions.
(5) Any disputes/ differences arising between the parties with regard to term of this pact,
any action taken by the Principal in accordance with this Pact or interpretation
thereof shall not be subject to any Arbitration.
(6) The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provision of the extent law in force
relating to any civil or criminal proceedings.

In witness whereof the parties have signed and executed this Pact at the place and date first
done mentioned in the presence of following witness:-

(For & On behalf of the Principal) (For & On behalf of the Bidder/ Contractor/
Concessionaire/ Consultant )

(Office Seal )

Place________
Date_________
Witness 1 : (Name & Address):

Witness 2 : (Name & Address):

{COUNTERSIGNED and accepted by:

JV Partner}

84
 Appendix-VII
(See Clauses 2.21)
FORM OF BANK GUARANTEE
[Performance Security/Additional Performance Security]
To
_____________________________________ [name of Authority]
_____________________________________ [address of Authority]

WHEREAS________________________________________[name and address of

Contractor]
(hereafter called the “Contractor”) has undertaken, in pursuance of Letter of Acceptance
(LOA) No. _______________Dated_____________ for construction of
________________________________[name of the Project] (hereinafter called the
“Contract”).

AND WHEREAS the Contract requires the Contractor to furnish an{Performance Security/
Additional Performance Security} for due and faithful performance of its obligations, under
and in accordance with the Contract, during the {Construction Period/ Defects Liability
Period and Maintenance Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the
“Guarantee Amount”10).
AND WHEREAS we, …………………..through our branch at …………………. (the
“Bank”) have agreed to furnish this Bank Guarantee (hereinafter called the “Guarantee”)
by way of Performance Security.

NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful
performance of the Contractor’s obligations during the {Construction Period/
Defects Liability Period and Maintenance Period} under and in accordance with the
Contract, and agrees and undertakes to pay to the Authority, upon its mere first
written demand, and without any demur, reservation, recourse, contest or protest,
and without any reference to the Contractor, such sum or sums up to an aggregate
sum of the Guarantee Amount as the Authority shall claim, without the Authority
being required to prove or to show grounds or reasons for its demand and/or for the
sum specified therein.

2. A letter from the Authority, under the hand of an officer not below the rank of
[Superintending Engineer of Ministry of Road Transport & Highways], that the
Contractor has committed default in the due and faithful performance of all or any of
its obligations under and in accordance with the Contract shall be conclusive, final
and binding on the Bank. The Bank further agrees that the Authority shall be the sole
judge as to whether the Contractor is in default in due and faithful performance of its
obligations during and under the Contract and its decision that the Contractor is in
default shall be final and binding on the Bank, notwithstanding any differences
between the Authority and the Contractor, or any dispute between them pending
before any court, tribunal, arbitrators or any other authority or body, or by the
discharge of the Contractor for any reason whatsoever.

10
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.
85
3. In order to give effect to this Guarantee, the Authority shall be entitled to act as if the
Bank were the principal debtor and any change in the constitution of the Contractor and/or
the Bank, whether by their absorption with any other body or corporation or otherwise, shall
not in any way or manner affect the liability or obligation of the Bank under this Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for the
Authority to proceed against the Contractor before presenting to the Bank its demand under
this Guarantee.

5. The Authority shall have the liberty, without affecting in any manner the liability of
the Bank under this Guarantee, to vary at any time, the terms and conditions of the Contract
or to extend the time or period for the compliance with, fulfillment and/ or performance of
all or any of the obligations of the Contractor contained in the Contract or to postpone for
any time, and from time to time, any of the rights and powers exercisable by the Authority
against the Contractor, and either to enforce or forbear from enforcing any of the terms and
conditions contained in the Contract and/or the securities available to the Authority, and the
Bank shall not be released from its liability and obligation under these presents by any
exercise by the Authority of the liberty with reference to the matters aforesaid or by reason
of time being given to the Contractor or any other forbearance, indulgence, act or omission
on the part of the Authority or of any other matter or thing whatsoever which under any law
relating to sureties and guarantors would but for this provision have the effect of releasing
the Bank from its liability and obligation under this Guarantee and the Bank hereby waives
all of its rights under any such law.

6. This Guarantee is in addition to and not in substitution of any other guarantee or

security now or which may hereafter be held by the Authority in respect of or relating to the
Contract or for the fulfillment, compliance and/or performance of all or any of the
obligations of the Contractor under the Contract.

7. Notwithstanding anything contained hereinbefore, the liability of the Bank under this
Guarantee is restricted to the Guarantee Amount and this Guarantee will remain in force for
the period specified in paragraph 8 below and unless a demand or claim in writing is made
by the Authority on the Bank under this Guarantee all rights of the Authority under this
Guarantee shall be forfeited and the Bank shall be relieved from its liabilities hereunder.

8. The Guarantee shall cease to be in force and effect on ****$. Unless a demand or
claim under this Guarantee is made in writing before expiry of the Guarantee, the Bank shall
be discharged from its liabilities hereunder.

9. The Bank undertakes not to revoke this Guarantee during its currency, except with
the previous express consent of the Authority in writing, and declares and warrants that it
has the power to issue this Guarantee and the undersigned has full powers to do so on behalf
of the Bank.

10. Any notice by way of request, demand or otherwise hereunder may be sent by post
addressed to the Bank at its above referred branch, which shall be deemed to have been duly
authorized to receive such notice and to effect payment thereof forthwith, and if sent by post
it shall be deemed to have been given at the time when it ought to have been delivered in
due course of post and in proving such notice, when given by post, it shall be sufficient to
$
Insert date atleast 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.21 of
the RFP).The Contractors can submit the BG for periods of two years at one time and keep on renewing the same till
the DLP is over if they have problems in getting the BG in one go for the entire DLP.

86
prove that the envelope containing the notice was posted and a certificate signed by an
officer of the Authority that the envelope was so posted shall be conclusive.

11. This Guarantee shall come into force with immediate effect and shall remain in force
and effect for up to the date specified in paragraph 8 above or until it is released earlier by
the Authority pursuant to the provisions of the Contract.

12. This Guarantee is subject to the Uniform Rules for Demand Guarantees (URDG)
2010 Revision, ICC Publication No. 758, except that the supporting statement under
Article 15(a) is hereby excluded.

Signed and sealed this ………. day of ……….., 20……… at ………..

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

87
 Appendix-VIII
(See Clauses 3.3.4)
Format of LOA
No.________________________
Government of India
Ministry of Road Transport & Highways
(____________ Section)
Transport Bhawan, 1, Parliament Street, New Delhi – 110001

Dated,
To,

{Name of selected Bidder}

Subject: {project description}- Letter of Acceptance (LOA)-Reg.

Reference: Your bid for the subject work dated ……………..

Sir,
This is to notify you that your Bid dated ………… for execution of the {project
description}, at your quoted bid price amounting to Rs. ……………./- {amount in words}
has been determined to be the lowest evaluated bid and is substantially responsive and has
been accepted.

3. You are requested to return a duplicate of the LOA as an acknowledgement and sign the
Contract Agreement within the period prescribed in Clause 1.3 of the RFP.

4. You are also requested to furnish Performance Security for an amount of

…………………. {and Additional Performance Security for an amount of
……………………….} as per Clause 2.21 of the RFP within 30 (thirty) days of receipt
of this Letter of Acceptance (LOA). In case of delay in submission of Performance
Security and Additional Performance Security, if any, you may seek extension of time
for a period not exceeding 60 (Sixty) days in accordance with Clause 2.21 of RFP.
5. In case of failure of submission of Performance Security, Additional Performance
Security (if any) and Security against Damages (if any) within the additional 60 (Sixty)
days time period, the award shall be deemed to be cancelled and action shall be initiated
by the Authority as per Clause 2.21 of the RFP.

“Accepted by

(Name of the Authorized person)

(Name of the sole bidder/ lead partner of JV)
Seal of the bidder"
88