Covid Relief For Contractors

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No.

COVID-19/RoadMap/JS(H)/2020
Government of India
Ministry of Road Transport ft Highways
(Highways Section)
Transport Bhawan, 1, Parliament Street, New Delhi-110001
Dated: 18th May, 2020

OFFICE MEMORANDUM

Subj ect: Atmanirbhar Bharat: Relief for Contractors / Developers of Road Sector

As an integral part of Atmanirbhar Bharat, the following measures are hereby notified for
providing relief to Contractors/ Developers/Concessionaires of Road Sector from the impact of
COVID, subsequent lockdown and other measures taken to prevent spread of COVID.

2. Ministry of Road Transport & Highways, NHAI ft NHIDCL will implement the following
measures forthwith;

A. For all National Highway works being executed under HAM and EPC Models by
different Agencies.

(i) Schedule-H condition in Contracts to be relaxed to enable payments at monthly interval


for the work completed as per specifications.

(ii) To allow extension of time to contractors under Force Majeure Clause due to COVID
pandemic as per instructions in Ref. No. F.18/4/2020-PPD of Department of
Expenditure and in accordance with the contract.

(iii) Direct payments to approved subcontractors by the Departmental authority towards


works done by them wherever competent authority is satisfied that it is required for
early completion of work in accordance with contract.

(iv) Expeditious approval of change of scope whenever required and payment to the extent
of work executed as per specification.

(v) Waiver of penalty for delay in submission of Performance Security/Bank Guarantee for
new contracts entered into during March 2020 to September 2020.

(vi) Performance Security provided by contractor/supplier to be returned by the Contractee


(Government Department/Agency) as is proportional to the supplies made/contract
work completed as per amendment to GFR 171 issued vide F.18/4/2020-PPD by
Department of Expenditure.

B. For all National Highway works being executed under BoT by different Agencies.

i) To allow extension of concession period in accordance with the Concession


agreement and DOE instructions in this regard onF.18/4/2020
ii) Provision of revenue shortfall loan at an interest rate not more than bank rate +2%
to eligible concessionaire for the amount not covered under relief granted by RBI.
iii) Expeditious approval of change of scope whenever required and payment to the
extent of work executed.

Contd.... 2.
File No.COVID-19/RoadMap/JS(H)/2020

No. COVID -19/RoadMap/JS(H)/2020


Government of India
Ministry of Road Transport & Highways
(Highways Division)
Transport Bhawan, 1, Parliament Street, New Delhi – 110001
 
                                                                             Date:       October, 2020
To
1. The Chairman, National Highways Authority of India, G-5 7 6, Sector-10, Dwarka,
New Delhi-110075
2. Director General (RD) & Special Secretary, Ministry of Road Transport & Highways
3. The Managing Director, NHIDCL, PTI Building, New Delhi-110001
4. Principal Secretaries/Secretaries of all States/UTs Public Works Department/Road
Construction Department/ Highways Department (dealing with National Highways
and other centrally sponsored schemes)
5. All Engineers-in-Chief and Chief Engineers of Public Works Department/ Road
Construction Department/ Highways Department (dealing with National Highways
and other centrally sponsored schemes)
6. The Director General Border Roads, Seema Sadak Bhawan, Ring Road, New Delhi-
110010
7. All CE-ROs, ROs and ELOs of the Ministry of Road Transport & Highways
 
Subject:       Atmanirbhar Bharat: Relief for Contractors/Developers
of Road Sector reg.
 
Ref:   1. Department of Expenditure O.M. No. 18/4/2020-PPD dated
13.5.2020 regarding Force Majeure Clause (FMC).
 
2. Department of Expenditure O.M. No. 18/4/2020-PPD dated 13.5.2020
regarding Performance Security in terms of Rule 171 of General Financial
Rules, 2017(GFR).
 
3. MORTH Letter No. COVID-19/RoadMap/JS(H)/2020 dated 03/06/2020.
  
4. NHAI letters dated 14.09.2020 and 01.10.2020
 
Sir,
 Reference is invited to this Ministry’s letter of even number dated 3.6.2020
providing certain urgent relief measures to the contractors, concessionaires and
developers of road sector in view of prevailing situation due to COVID 19.

2.      Representations have been received in the Ministry for extension of the relief
measures taken for mitigating COVID impact on the contractors engaged in NH
sector. Government have decided to extend the relief measures notified in MORTH
Letter No. COVID-19/RoadMap/JS(H)/2020 dated 03/06/2020 for a further period
of 3 months.  It is further informed that the provision related to Extension of Time
to Contractor/ Concessionaire and Consultants are to be read in agreement with
the O.M. No. 18/4/2020-PPD dated 13.5.2020 of Department of Expenditure
regarding Force Majeure Clause (FMC) and Department of Expenditure O.M. No.
18/4/2020-PPD dated 13.5.2020 regarding Performance Security in terms of Rule
File No.COVID-19/RoadMap/JS(H)/2020

171 of General Financial Rules, 2017(GFR).


 

3.       The implementing agencies are directed to implement the relief measures
accordingly.
Yours faithfully,

          (RamandeepChowdhary)
Deputy Secretary to the Govt. of India
 
Copy to:

1. Sr. PPS to Secretary (RT&H)


2. AS&FA, MoRTH
3. All Joint Secretaries in the MoRTH
4. All ADGs/CEs in the MoRTH
5. Director (NIC), MoRTH for uploading on the website

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