Request For Proposal

For

Widening to 2 lane with paved shoulder of Jareikela

(Jharkhand/Odisha Border) – Dhabaleswar section from
0.000 to 36.000 km of section of NH-320D in the state of
Odisha on EPC Mode.
(Bid Ref No 22 CE NH of 2022-23)

Ministry of Road Transport & Highways

(MoRT&H)

1
 TABLE OF CONTENTS

S. No. Contents Page No.

Notice inviting RFP 1
Disclaimer 2
1 Glossary 3
Introduction 4
1.1 Background 4
1.2 Brief description of Bidding Process 4
1.3 Schedule of Bidding Process 6
2
Instructions to Bidders 7
A General 7
2.1 General terms of Bidding 7
2.2 Eligibility and qualification requirement of Bidder 11
2.3 Proprietary Data 19
2.4 Cost of Bidding 19
2.5 Site visit and verification of information 19
2.6 Verification and Disqualification 20

B Documents 21
2.7 Contents of the RFP 22
2.8 Clarifications 22
2.9 Amendment of RFP 22

C Preparation and Submission of BIDs 22

2.10 Format and Signing of BID 22
2.11 Documents comprising Technical & financial BID 23
2.12 BID Due Date 25
2.13 Late BIDs 25
2.14 Procedure of e-tendering 25
2.15 Online opening of Bids 27
2.16 Rejection of BIDs 27
2.17 Validity of BIDs 27
2.18 Confidentiality 27
2.19 Correspondence with the Bidder 27

D BID Security 28
2.20 BID Security 28
3
Evaluation of Technical and Opening & Evaluation of financial 30
Bids
3.1 Evaluation of Technical BIDs 30
3.2 Opening and Evaluation of financial Bids 31

2
 3.3 Selection of Bidder 31
3.4 Contacts during BID Evaluation 32
3.5 Correspondence with the Bidder 32

4 Fraud and Corrupt Practices 33

5 Pre-BID Conference 34
6 Miscellaneous 35
Appendices
IA Letter comprising the Technical BID 36
IB Letter comprising the Financial BID 40
II Bank Guarantee for BID Security 56
III Format for Power of Attorney for signing of BID 57
IV Format for Power of Attorney for Lead Member of Joint Venture 59
V Format for Joint Bidding Agreement for Joint Venture 61
VI Integrity Pact Format 66
VII Form of Bank Guarantee (For Performance Security) 72
VIII Format of LOA 75

Annexure of Appendix 1A

I Details of Bidder 41
II Technical Capacity of the Bidder 44
III Financial Capacity of the Bidder 45
IV Details of Eligible Project 47
V Statement of legal capacity 50
VI Information required to Evaluate the Bid capacity 51
VII Guidelines of the Department of Disinvestment 53
VIII Details of ongoing Works 55

3
 OFFICE OF THE CHIEF ENGINEER, NATIONAL HIGHWAYS, ODISHA
NIRMAN SOUDHA (OLD BUILDING), KESARI NAGAR, UNIT-V, BHUBANESWAR-751001
Phone No.0674-2391519/2391677 Email: [email protected]

NOTICE INVITING TENDER (NIT)

No. 22 CENH of 2022-23 Date

RFP for “Widening to 2 lane with paved shoulder of Jareikela ( Jharkhand/Odisha Border) –
Dhabaleswar section from 0.000 to 36.000 km of section of NH-320D in the state of Odisha on
EPC Mode. (Bid Ref No.22 CE NH of 2022-23)”. The Ministry of Road Transport & Highways
through the Chief Engineer National Highways, Odisha, Bhubaneswar is engaged in the
development of National Highways and as part of this endeavour, it has been decided to
undertake the work “Widening to 2 lane with paved shoulder of Jareikela ( Jharkhand/Odisha
Border) – Dhabaleswar section from 0.000 to 36.000 km of section of NH-320D in the state of
Odisha on EPC Mode. (Bid Ref No.22 CE NH of 2022-23)” through an Engineering,
Procurement and Construction (EPC) Contract.
The Ministry of Road Transport & Highways represented by Chief Engineer
National Highways, Odisha, Bhubaneswar now invites bids from eligible contractors for the
following project:
NH ICB
State No. No. Name of Estimated Completion Maintenance
Period in
Work Cost in Cr. Period in months months
Odisha 320D (Bid Ref “Widening to 2 lane Rs. 156.29Crs 24 months 60
No. with paved shoulder (Including GST)
22CE of Jareikela ( (This includes
NH of Jharkhand/Odisha Total civil cost
2022-23) Border) – including GST +
Amount of
Dhabaleswar section electrical utility
from 0.000 to shifting including
36.000 km of section GST + Amount of
of NH-320D in the RWSS & PH
state of Odisha on utility shifting
EPC Mode. (Bid Ref including GST
No.22 CE NH of and all centages as
2022-23)”. applicable by the
utility owning
department except
supervision
charges

The complete BID document can be viewed / downloaded from official portal of the CPPP website
https:// eprocure.gov.in/eprocure/app and from BIMS portal https://bims.gov.in from 16.08.2022 to
29.09.2022 (up to 12.00 Hrs.IST).Bidder must submit its Technical Bid at https://
eprocure.gov.in/eprocure/app and also in BIMS portal https://bims.gov.in and the Financial bid
only at https:// eprocure.gov.in/eprocure/app on or before 29.09.2022 up to 12.00 hours IST.
Bids received online shall be opened on 30.09.2022.at 15.30 hours IST. The bidder shall submit
their pre-bid queries through e-mail to [email protected] on or before 08.09.2022 at 15.00
hrs and the response to their queries will be send to their respective mail address through e-mail
from this office latest by 14.09.2022 15hrs IST.
Bid must be submitted online, bid through any other mode shall not be entertained. However,
Bid Security, tender document fee, Power of Attorney and Joint Bidding Agreement etc. shall be
submitted physically by the Bidder on or before 29.09.2022 at 12 hours IST, Please note that the
Chief Engineer National Highways, Odisha, Bhubaneswar reserves the right to accept or reject
all or any of the BIDs without assigning any reason whatsoever.
4
Officer In-charge
CHIEF ENGINEER NHS,ODISHA
NIRMAN SOUDHA (OLD BUILDING), 1st FLOOR,
KESARI NAGAR, UNIT-V,
BHUBANESWAR-751001
Phone/ Fax 0674-2390695
e-mail: [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, expenses
associated with any demonstrations or presentations which may be required by the Authority or
any other costs incurred in connection with or relating to its BID. All such costs and expenses
will remain with the Bidder and the Authority shall not be liable in any manner whatsoever for
the same or for any other costs or other expenses incurred by a Bidder in preparation or
submission of the BID, regardless of the conduct or outcome of the Bidding Process.

6
 GLOSSARY

Agreement As defined in Clause 1.1.4

Authority As defined in Clause 1.1.1
BID Security 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
Performance Security (ii) As defined in Clause
Project 2.21.1 As defined in Clause
Re. or Rs. or INR 1.1.1 Indian Rupee
RFP or Request for As defined in the Disclaimer
Proposals 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.

7
 SECTION 1

INTRODUCTION
1.1 Background
1.1.1 The Ministry of Road Transport & Highways represented by Chief Engineer National
Highways, Odisha, Bhubaneswar (the “Authority”) is engaged in the development of
National Highways and as part of this endeavour, the Authority has decided to undertake
rehabilitation and augmentation of the “Widening to 2 lane with paved shoulder of Jareikela (
Jharkhand/Odisha Border) – Dhabaleswar section from 0.000 to 36.000 km of section of
NH-320D in the state of Odisha on EPC Mode. (Bid Ref No.22 CE NH of 2022-23)”
through an Engineering, Procurement and Construction 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. and BIMS portal
https://bims.gov.in. 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
“Widening to 2 lane with 24.477 Km Rs. 156.29 Crs
paved shoulder of Jareikela ( (Including GST)
Jharkhand/Odisha Border) – (This includes Total civil
Dhabaleswar section from cost including GST +
0.000 to 36.000 km of section Amount of electrical 24 months
of NH-320D in the state of utility shifting including
Odisha on EPC Mode. (Bid GST + Amount of RWSS
Ref No.22 CE NH of 2022- & PH utility shifting
23)”. including GST and all
centages as applicable by
the utility owning
department except
supervision charges

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 “Widening to 2 lane with paved shoulder of Jareikela ( Jharkhand/Odisha
Border) – Dhabaleswar section from 0.000 to 36.000 km of section of NH-320D in the state
of Odisha on EPC Mode. (Bid Ref No.22 CE NH of 2022-23)” and maintenance of the
Project during the Defect Liability Period, which shall be 05 years.
1.1.3 The estimated cost of the Project (the “Estimated Project Cost”) has been specified in the
clause 1.1.1 above. The assessment of actual costs, however, will have to be made by the
Bidders.
1.1.4 The Agreement sets forth the detailed terms and conditions for award of the project to the
Contractor, including the scope of the Contractor’s services and obligations.
1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the terms set forth
in this RFP and other documents to be provided by the Authority pursuant to this RFP
(collectively the "Bidding Documents"), and all BIDs shall be prepared and submitted in
accordance with such terms on or before the BID due date specified in Clause 1.3 for
submission of BIDs (the “BID Due Date”).
1.2 Brief description of bidding Process
1.2.1 The Authority has adopted a single stage two part system (referred to as the "Bidding
Process") for selection of the Bidder for award of the Project. Under this process, the bid
shall be invited under two parts. Eligibility and qualification of the Bidder will be first
8
 examined based on the details submitted under first part (Technical Bid) with respect to
eligibility and qualifications criteria prescribed in this RFP (the “Bidder”, which expression
shall, unless repugnant to the context, include the members of the Joint Venture). The
Financial Bid under the second part shall be opened of only those Bidders whose Technical
Bids are responsive to eligibility and qualifications requirements as per this RFP
[GOI has issued guidelines (see Annexure VII of Appendix-1A of RFP) for qualification of
Bidders seeking to acquire stakes in any public sector enterprise through the process of
disinvestment. These guidelines shall apply mutatis mutandis to this Bidding Process. The
Authority shall be entitled to disqualify any Bidder in accordance with the aforesaid
guidelines at any stage of the Bidding Process. Bidders must satisfy themselves that they are
qualified to bid, and should give an undertaking to this effect in the form at Appendix-IA].

1.2.2 The Bid shall be valid for a period of 120 days from the date specified in Clause 1.3 for
submission of BIDs.
1.2.3 The complete Bidding Documents including the draft Agreement for the Project is enclosed
for the Bidders. The Feasibility Report / Detailed Project Report prepared by the Authority/
consultants of the Authority (the "Feasibility Report/Detailed Project Report") is also
enclosed. The Feasibility Report / Detailed Project Report of the Project is being provided
only as a preliminary reference document by way of assistance to the Bidders who are
expected to carry out their own surveys, investigations and other detailed examination of the
Project before submitting their Bids. Nothing contained in the Feasibility Report/Detailed
Project Report shall be binding on the Authority nor confer any right on the Bidders, and the
Authority shall have no liability whatsoever in relation to or arising out of any or all
contents of the Feasibility Report/Detailed Project Report. The aforesaid documents and any
addenda issued subsequent to this RFP Document, will be deemed to form part of the
Bidding Documents. However, Feasibility Report / Detailed Project Report prepared by the
Authority/ consultants of the Authority (the "Feasibility Report/Detailed Project Report")
are 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. 156.29 lakhs
(One hundred fifty six lakhs and twenty nine 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 State
PWDs Bank. The Bidders shall also submit Rs 20000/- (Rupees Twenty Thousand) +18%
GST i.e Rs 3600/-) towards the cost of tender document fees through the NTRP portal
“bharatkosh.gov.in” and receipt/TR copy/Document in support of online payment to be
submitted online on eprocure.gov.in and original copy to be submitted with hardcopy of
Bid.
Details to be selected in Bharatkosh Portal for making payment are as under

Sl No. Description Details to be selected in NTRP

portal
1 Ministry ROADS TRANSPORT AND
HIGHWAYS
2 Purpose Sale of Tender documents
3 Pay and accounts officer(PAO) 034756 PAO (NH),Kolkata
4 Drawing and Disbursing 234760
Office(DDO)

1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their cost,
such studies as may be required for submitting their respective BIDs for award of the
contract including implementation of the Project.
1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a Bidder
for implementing the Project (the "BID Price"). The total time allowed for completion of
construction under the Agreement (the “Construction Period”) and the period during
9
 which the Contractor shall be liable for maintenance and rectification of any defect or
deficiency in the Project after completion of the Construction Period (the “Defect Liability
Period”) shall be pre-determined, and are specified in the draft Agreement forming part of
the Bidding Documents. In this RFP, the term “Lowest Bidder” shall mean the Bidder who
is quoting the lowest BID price.
1.2.7 Generally, the Lowest Bidder shall be the selected Bidder. In case such Lowest Bidder
withdraws or is not selected for whatsoever reason except the reason mentioned in Clause
2.1.12 (b) (4) & Clause 3.3.1, the Authority shall annul the Bidding Process and invite fresh
BIDs.
1.2.8. Other details of the process to be followed under this bidding process and the terms thereof
are spelt out in this RFP.
1.2.9 Any queries or request for additional information concerning this RFP shall be submitted by
e-mail to the officer designated in Clause 2.11.4 below with identification/ title: "Queries /
Request for Additional Information: RFP for “Widening to 2 lane with paved shoulder of
Jareikela ( Jharkhand/Odisha Border) – Dhabaleswar section from 0.000 to 36.000 km of
section of NH-320D in the state of Odisha on EPC Mode. (Bid Ref No.22 CE NH of 2022-
23)”
1.2.10. A Bidder is required to submit, along with its technical BID, a self-certification that the item
offered meets the local content requirement for ‘Class-I local Supplier’ / ‘Class-II local
Supplier’, as the case may be. The self-certification shall also have details of the location(s)
at which the local value addition is made. In case, bidder has not submitted the aforesaid
certification, the bidder will be treated as ‘Non-Local Supplier’
In the above pretext, the Class-I Local Supplier, Class-II Local Supplier and the Non-Local
Supplier are defined as under:
(i) ‘Class-I Local Supplier’ means a supplier or service provider, whose goods, services
or works offered for procurement, meets the minimum local content as prescribed for
‘Class-I Local Supplier’ under this RFP. The ‘local content’ requirement to
categorize a supplier as 'Class-I Local Supplier' is minimum 50%
(ii) ‘Class-II Local Supplier’ means a supplier or service provider, whose goods, services
or works offered for procurement meets the minimum local content as prescribed for
‘Class-II Local Supplier’ under this RFP. The 'local content' requirement to
categorize a supplier as 'Class-II Local Supplier' is minimum 20%
(iii) ‘Non-Local Supplier’ means a supplier or service provider, whose goods, services or
works offered for procurement, has local content less than that prescribed for 'Class-
II Local Supplier' under this RFP.
(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. 10crores, the 'Class-I Local
Supplier'/'Class-II Local Supplier' shall provide a certificate from the statutory auditor or cost
auditor of the company (in case of companies) or from a practicing cost accountant or
practicing chartered accountant (in respect of suppliers other than companies) giving the
percentage of local content.

10
1.3 Schedule of Bidding Process
The Authority shall endeavour to adhere to the following schedule:
Sl. No. Event Description Date
1. Availability of RFP & other bid documents 16.08.2022
2. Last date for receiving queries 08.09.2022
Pre-BID meeting through Email
3. [email protected] 08.09.2022
4. Authority response to queries latest by 14.09.2022
5. Last date of Request for BID Document 29.09.2022 up to
12.00 Hrs.IST
6 BID Due Date 29.09.2022 up to
12.00 Hrs.IST
submission of documents physically as per cls.
7. 2.11.2 of RFP 29.09.2022 Up to 12 hrs.IST

8. Opening of Technical BIDs at venue 2.11.4 (i) 30.09.2022 after 15:30 hrs
th
9. Declaration of eligible / qualified Bidders [60 day from date of NIT]
rd
10. Opening of Financial BID [68 day from date of NIT]
th
11. Letter of Acceptance (LOA) [75 day from date of NIT]
th
12. Return of signed duplicate copy of LOA [82 day from date of NIT]
13. Validity of BID 120 days from BID Due Date
14. Submission of Performance Security (PS) Within 30 days of receipt of LOA.
(The bidder has the option to
provide 50% of PS and Additional
Performance Security, if any,
within 30 days of receipt of LOA
and the remaining PS and APS, if any,
to be provided within 30 days
of signing of agreement)
15. Signing of Agreement Within 10 days from the receipt of
50% of Performance Security and
50% of Additional Performance
Security if any.

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.
Appendix IB as part of RFP, shall be treated for reference only and not to be
filled by the bidder. The Financial bid shall be evaluated considering financial
figures filled in, in the prescribed format only (BOQ) available on CPPP portal.
BID amount shall be indicated clearly in both figures and words in Indian
Rupees in prescribed format available on CPPP portal and it will be signed by
the Bidder’s authorized 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.

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.

12
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 fulfill
the 100% requirement;

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

(e) the Lead Member shall itself undertake and perform at least 51(fifty one) per
cent of the total 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
conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint Venture shall
be liable jointly and severally for all obligations of the Contractor in
relation to the Project until the Defect Liability Period is achieved in
accordance with the EPC Contract; and

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

(h) No Joint Venture up to Estimated Project Cost of Rs. 100 crores (One
Hundred Crores).

(JV allowed for this bid)

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% (fifty percent) of the
aggregate issued, subscribed and paid up equity share capital in the L-1 Bidder or its
Member is held by persons resident outside India or where a Bidder or its Member is
controlled by persons resident outside India, then the eligibility and award of the
project to such L-1 Bidder shall be subject to approval of the competent authority from
national security and public interest perspective as per the instructions of the
Government of India applicable at such time. The decision of the authority in this
behalf shall be final and conclusive and binding on the Bidder.

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

(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
Venture Member, shall be deemed to be a non-performing party ,if it attracts any or
more of the following parameters:

14
(i) Fails to set up institutional mechanism and procedure as per contract.

(ii) Fails to mobilize key construction equipment within a period of 4 months from
the Appointed Date;

(iii) Fails to complete or has missed any milestone and progress not commensurate
with contiguous unencumbered project = length /ROW available even after
lapse of 6 months from respective project milestone/Schedule Completion date,
unless Extension of Time has been granted due to Authority’s Default or Force
Majeure;

(iv) Fails to achieve progress commensurate with funds released from Escrow
Account (Equity + Debt + Grant) in BOT or HAM project and variation is more
than 25% in the last 365 days;

(v) Fails to achieve the target progress or complete the project as per schedule
agreed at the time of sanctioning of funds under One Time Funds Infusion
(OTFI) or relaxations to contract conditions to improve cash flow solely on
account of Concessionaire's/contractor’s failure/default;

(vi) Fails to complete rectification (excluding minor rectifications) as per time given
in non-conformity reports (NCR) in design/completed works/maintenance or
reported in Inspection Reports issued by Quality Inspectors deployed by the
Authority or Officers of the Authority.

(vii) Fails to complete minor rectifications exceeding 3 instances in a project as per

time given in non-conformity reports (NCR) in design/completed
works/maintenance;

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

spite of two rectification notices issued in this regard;

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

O&M Period and remedial works are still not taken up;

(x) Fails to complete Punch list items even after lapse of time for completion of
such items excluding delays attributable to the Authority;

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

wherein no causalities are reported (causalities include injuries to human being /
animals);

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

wherein no casualties are reported (causalities include injuries to human being /
animals);

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

leading to loss of human lives besides loss of reputation etc. of the authority;

(xiv) Fails to make premium payments excluding the current installment in one or
more projects;

(xv) Fails to achieve financial closure in two or more projects within the given or
extended period (which shall not be more than six months in any case);
(xvi) Fails to submit the Performance Security within the permissible time period in
more than one project; 15
 (xvii) Rated as an unsatisfactory performing entity/ non-performing entity by an
independent third-party agency and so notified on the website of the Authority;

(xviii) Failed to perform for the works of Expressways, National Highways, ISC & El
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 Page 8 of 12 a may be;

(xix) Expelled from the contract or the contract terminated by the Ministry of Road
Transport & Highways or its implementing agencies for breach by such Bidder,
including individual or any of its joint venture member Provided that any such
decision of expulsion or termination of contract leading to debarring of the
bidder from further participation in bids for the prescribed period should have
been ordered after affording an opportunity of hearing to such party.

(xx) Fails to start the works or causes delay in maintenance & repair/overlay of the
project.

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.

16
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 up to Rs. 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 disqualified
and liable for suspension as per Bid Securing declaration. 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 (a) 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

17
 (i) 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 others’ information about, or to influence the Application of either
or each other; or

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

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

(iii)Beneficial owner for the purpose of (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 profit of the country.
b) "Control shall include the right to appoint majority of the
directors or to control the management or policy decisions
including by virtue of their shareholding or management rights
or shareholding agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural
person(s) who, whether acting alone or together, or through one or one
or more juridical person: has ownership of entitlement to more than
fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the
beneficial owner is the natural person(s) who, whether, acting alone or
together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individual;
4. Where no natural person is identified under (1) or (2) or (3) above, the
beneficial owner is the relevant natural person who holds the position
of senior managing official;
18
 5. In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries
with fifteen percent or more interest in the trust and any other natural
person exercising ultimate effective control over the trust through a
chain of control or ownership.
(iv) An agent is a person employed to do any act for another, or to represent another
in dealings with third person.
(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 letter head 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 inter alia meet the minimum qualification criteria will be qualified only
if their available BID capacity is more than the total BID value (value as per Clause
1.1.1). The available BID capacity will be calculated as per following, based on
information mentioned at Annexure-VI of Appendix-IA:

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

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

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

received, 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 the table at 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.

19
 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 Project or
Concessionaire/Authorized 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) financial years preceding
the Bid Due Date, have received payments for construction of Eligible
Project(s), or has undertaken construction works by itself in a PPP project,
such that the sum total thereof, as further adjusted in accordance with clause
2.2.2.5 (i) & (ii), is more than Rs 156.29 Crore (the “Threshold Technical
Capacity”).

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
i.e Rs 31.26 crore 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:
(i) Widening / reconstruction / up-gradation works on NH /
SH/Expressway or on any category of road taken up under CRF,
ISC/ El, SARDP, LWE
(ii) Widening/ re-construction/up-gradation works on MDRs with loan
assistance from multilateral agencies or on BOT basis,
(iii) Widening/ reconstruction / up-gradation work of roads in
Municipal corporation limits, construction of Bypasses,
(iv) Construction of stand- alone bridges, ROBs, tunnels.
(v) Construction/Reconstruction of linear projects like airport,
runways, railways (Construction/Reconstruction of railway tracks,
yards for keeping containers etc.), Metro rails and ports (including
construction/reconstruction of jetties)

The Bidder shall necessarily demonstrate additional experience in

construction of Major Bridge/ROBs/Flyovers/Tunnel in the last 10 (Ten)
financial years preceding the Bid Due Date i.e. shall have completed at least
one similar Major Bridge/ROB/Flyover/Tunnel of following sizes.

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

no additional qualification is required.
(b) When longest span is more than 60mt (length of longest span of ROB in
this project is 63.48mt) : 50% of longest span i.e 31.74mt or 100m,
whichever is less, of the structure proposed is required as additional
experience.
.
(c) In case, Tunnel is a part of the project having length less than or equal
to 200m. ,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/hydro electricity 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 at least
20% of the Estimated Project Cost i.e. Rs……. Crs. For this purpose, a

21
 project shall be considered to be completed, if more than 90% of the
value of work has been completed and such completed value of work is
equal to or more than 20% of the Estimated Project Cost.
(a2) In case the cost of specialized project is more than Rs. 1,000 Cr:
The Bidder shall have completed at least one similar Major Bridge/
ROB/ Flyover project in the last 10 (Ten) financial years preceding the
Bid Due Date, having span equal to or greater than 50% of the longest
span of the structure proposed in this project or 100m, whichever is less,
and also the cost of such similar project shall be at least 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 highway tunnel, whichever is less, and 20% length of the tunnel to be
constructed in this project or 2km,whichever is less and cost of such prject
shall be at least 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 1000Cr.,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 Worth (the “Financial Capacity”) of
Rs. 7.81 crore at the close of the preceding financial year.
(ii) The Bidder shall have a minimum Average Annual Turnover (updated to
the price level of the year based on factors indicated in table below) of Rs.
23.44 crore for the last 5 (five) financial years.
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) The Bid Capacity, Technical Capacity and Financial Capacity of all the
Members of Joint Venture would be taken into account for satisfying the
above conditions of eligibility. Further, Lead Member shall meet at least
60% requirement of Bid Capacity, Technical and Financial Capacity as per
Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3 and each of other JV members shall

22
 meet at least 20% requirement of Bid Capacity, Technical and Financial
Capacity individually as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3. For
avoidance of doubt, it is further clarified that the Joint Venture must
collectively and individually satisfy the above qualification criteria i.e. JV
shall cumulatively/collectively fulfill the 100% requirement.

(ii) For requirement of 2.2.2.2 (ii) and (iii), one similar work of 20% of
Estimated Project Cost should have been completed from the Eligible
Projects in Category 1 and/or Category 3 specified in Clause 2.2.2.5
individually by any of the JV members as a single work.

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of

experience would qualify as Technical Capacity and eligible experience (the
"Eligible Experience") in relation to eligible projects as stipulated in Clauses
2.2.2.6 (i) & (ii) (the "Eligible Projects"). In case the Bidder has experience
across different categories, the experience for each category would be
computed as per weight of following factors to arrive at its aggregated
Eligible Experience:

Category Project / Construction experience on Eligible Projects Factors

1 Project in highways sector that qualify under 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, stadium,
hospitals, hotel, smart city, warehouses/silos, oil and gas and real estate
development. Core sector will also include the projects with the title
of RIDF, PMGSY road, link road, city roads, rural roads, sector/
municipality road, real estate projects which demonstrate road
development/construction bridges or culverts.

23
 (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 & rehabilitation, one time maintenance, permanent
protection work of bank, external pre stressing, repair of central hinge, short
term OMT contract of NHAI, any type of work related to border fencing,
work of earthwork alone, construction of buildings/ hostels etc, or not
specified, shall not be considered. However, such maintenance works shall be
considered as eligible projects in case of Maintenance works to be taken up
on EPC mode.

(vi) The works such as Improvement in Riding Quality work (IRQP/IRQ), shall
be considered for Technical Capacity [2.2.2.2 (i)] but not for similar
completed works [2.2.2.2 (ii) 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

24
 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 7.81 crore shall not be reckoned as
receipts for Eligible Projects. For the avoidance of doubt, construction works
shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract / EPC contract for the
project. Further, the cost of land and also cost towards pre-construction
activities (like shifting of utilities etc.) shall not be included hereunder.
(iii) The Bidder shall quote experience in respect of a particular Eligible Project
under any one category only, even though the Bidder (either individually or
along with a member of the Joint Venture) may have played multiple roles in
the cited project. Double counting for a particular Eligible Project shall not be
permitted in any form.

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

2.2.2.7 Submission in support of Technical Capacity

(i) The Bidder should furnish the details of Eligible Experience for the last 5 (five)
financial years immediately preceding the Bid Due Date.

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

(iii) The Bidder should furnish the required Project-specific information and
evidence in support of its claim of Technical Capacity, as per format at Annex -IV
of Appendix-IA.

2.2.2.8 Submission in support of Financial capacity

(i) The Technical Bid must be accompanied by the Audited Annual Reports of the
Bidder (of each Member in case of a Joint Venture) for the last 5 (five) financial
years, preceding the year in which the bid is submitted.

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

(iii) The Bidder must establish the minimum Net Worth specified in Clause 2.2.2.3,
and provide details as per format at Annex-III of Appendix-IA.

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

25
 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
2.5.1 Bidders are encouraged to submit their respective BIDs after visiting the Project site
and ascertaining for themselves the site conditions, traffic, location, surroundings,
climate, availability of power, water & other utilities for construction, access to site,
handling and storage of materials, weather data, applicable laws and regulations, and
any other matter considered relevant by them. Bidders are advised to visit the site and
familiarize themselves with the Project 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 with the Bidding Documents and
performance of all of its obligations there under;
(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

26
 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 there under.

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

2.6.3 In case it is found during the evaluation or at any time before signing of the Agreement
or after its execution and during the period of defect liability subsistence thereof, that
one or more of the eligibility and /or qualification requirements have not been met by
the Bidder, or the Bidder has made material misrepresentation or has given any
materially incorrect or false information, the Bidder shall be disqualified forthwith if
not yet appointed as the contractor either by issue of the LOA or entering into of the
Agreement, and if the Selected Bidder has already been issued the LOA or has entered
into the Agreement, as the case may be, the same shall, notwithstanding anything to the
contrary contained therein or in this RFP, be liable to be terminated, by a
communication in writing by the Authority to the Selected Bidder or the Contractor, as
the case may be, without the Authority being liable in any manner whatsoever to the
Selected Bidder or the Contractor. In such an event, the Authority shall be entitled 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.

27
2.6.4. A Bidder shall be liable for disqualification and forfeiture of BID Security, if any legal,
financial or technical adviser of the Authority in relation to the Project is engaged by the Bidder, its
Member or any Associate thereof, as the case may be, in any manner for matters related to or
incidental to such Project during the Bidding Process or subsequent to the (i) issue of the LOA or
(ii) execution of the Agreement. In the event any such adviser is engaged by the selected Bidder or
Contractor, as the case may be, after issue of the LOA or execution of the Agreement for matters
related or incidental to the project, then notwithstanding anything to the contrary contained herein
or in the LOA or the Agreement and without Prejudice to any other right or remedy or the
Authority, including the forfeiture and appropriation of the BID Security or Performance Security,
as the case may be, which the Authority may have there under or otherwise, the LOA or the
Agreement, as the case may be, shall be liable to be terminated without the Authority being liable
in any manner whatsoever to the Selected Bidder or Contractor for the same. For the avoidance or
doubt, this disqualification shall not apply where such adviser was engaged by the Bidder, its
Member or Associate in the past but its assignment expired or was terminated 6 (six) months prior
to the date of issue of this RFP. Nor will this disqualification apply where such adviser is engaged
after a period of 3 (three) years from the date of commercial operation of the Project.

B. DOCUMENTS

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below,
and will additionally include any Addenda issued in accordance with Clause 2.9.
Part –I

Invitation for BIDs

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

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/Additional
performance security)
VIII. Format of LOA

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 Part –II
Agreement Document with schedules

2.7.2 The draft Agreement 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 BID Due Date. The responses will be sent by fax or e-mail. The
Authority will forward all the queries and its responses thereto, to all Bidders without
identifying the source of queries.

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

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 MoRTH’s website
(www.morth.nic.in), MoRTH’s e-Tendering Portal (https://eprocure.gov.in) and BIMS
portal (https://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.

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority will
evaluate only those BIDs that are received online in the required formats and complete
in all respects and Bid Security, receipt/TR copy/Document in support of online
payment , POA and Joint Bidding Agreement etc. are received in hard copies.
2.10.2 The BID shall be typed and signed in indelible blue ink by the authorised signatory of
the Bidder. All the alterations, omissions, additions or any other amendments made to
the BID shall be initialed by the person(s) signing the BID.

29
2.11 Documents comprising Technical and Financial BID

2.11.1 The Bidder shall first upload all the project details, net worth details, turnover details,
bridge and tunnel details and all other details required in this RFP for technical
qualification. The 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
by submitting the documents mentioned below along with the supporting documents
which shall comprise of the Technical BID on the CPPP portal and BIMS portal
https://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.156.29 lakhs in the form of Bank Guarantee in the format
at Appendix-II from a Scheduled Bank (to be submitted physically as well);
(g) Receipt/TR copy/Document in support of online payment Rs 20000/-
(Rupees Twenty Thousand +18% GST)(i.e Rs 3600/-) towards the cost of
tender document fees through the NTRP portal “bharatkosh.gov.in”
(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any, issued by MoRT&H (Appendix-VI) regarding Integrity
Pact (IP) and the Integrity Pact (IP) duly signed by Authorised signatory shall
be submitted by the Bidder with the RFP Bid & shall be part of the Contract
Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b)
above that they agree and abide by the Bid documents uploaded by MoRT&H
and amendments uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project works
(Ref Clause 10.3 (iv) of Document for EPC Agreement).
(l) copy of Memorandum and Articles of Association, if the Bidder is a body
corporate, and if a partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each
member (in case of Joint Venture) for preceding 5 years.
Financial Bid
(n) The Financial bid shall be evaluated considering financial figures filled in, in
the prescribed format only available on CPPP portal on or before 12 hrs IST on
29.09.2022
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’.

30
 In case of procurement for a value in excess of Rs. 10 crores, the ‘Class – I Local
supplier’ / ‘Class – II Local supplier’ shall have to provide a certificate from the
Statutory Auditor or Cost Auditor of the Company (in case of Companies) or from a
practicing Cost Accountant or practicing Chartered Accountant (in respect of Suppliers
other than Companies) giving the percentage of Local Content upon Construction of the
Project.

2.11.2 The Bidder shall submit the following documents physically:

(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 Rs.156.29 lakhs in the form of Original Bank Guarantee in the
format at Appendix-II from a Scheduled Bank;
(h) Receipt/TR copy/Document in support of online payment Rs 20000/-
(Rupees Twenty Thousand +18% GST)(i.e Rs 3600/-) towards the cost of
tender document fees through the NTRP portal “bharatkosh.gov.in”
(i) Deleted;
(e) Deleted;
(f) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any issued by MoRT&H (Appendix-VI) regarding Integrity Pact
(IP) and the 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.
(g) 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 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “BID for the Project.” and
shall clearly indicate the name and address of the Bidder. In addition, the BID Due
Date should be indicated on the right hand top corner of the envelope.

2.11.4 The envelope shall be addressed to the following officer and shall be submitted at the
respective address:

1 ATTN. OF: Sri P. K. Senapaty

DESIGNATION Chief Engineer (NHs), Odisha, Bhubaneswar.
ADDRESS: Unit-V, Nirman Soudha,
Bhubaneswar-751001, Odisha
Telephone no. : 0674-2391519
e-mail address: [email protected]

1 ATTN. OF: Sri D Sadangi

DESIGNATION ADG-Cum-Regional Officer, Odisha, Bhubaneswar.
ADDRESS: Ministry of Road Transport and Highways,
Plot No. 184, In front of C.R.P.F. Stadium,
Baramunda, Bhubaneswar-751003, Dist:Khurda.
e-mail address: [email protected]
31
2.11.5 If the envelope is not sealed and marked as instructed above, the Authority assumes
no responsibility for the misplacement or premature opening of the contents of the
BID submitted and consequent losses, if any, suffered by the Bidder.

2.11.6 BIDs submitted by fax, telex, telegram 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 and on
or before 12hrs IST on 29.09.2022 Documents listed at clause 2.11.2 of the RFP shall
be physically submitted on or before 12.00 hours IST dtd 29.09.2022 at the address
provided in Clause 2.11.4 in the manner and form as detailed in this RFP. A receipt
thereof should be obtained from the person specified at Clause 2.11.4.

2.13 Late BIDs

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

Portal website https://bims.gov.in shall not allow submission of any Bid after the prescribed
date and time at clause 2.12. Physical receipt of documents listed at clause 2.11.2 of the
RFP after the prescribed date and time at clause 2.12 shall not be considered and the bid
shall be summarily rejected.

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of BID documents

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/ 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
Authorized Signatory. It should be in corporate capacity (that is in Bidder capacity /
in case of JV in the Lead Member capacity, as applicable). In other cases, the bid
shall be considered Non-responsive.

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

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

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

It is also mandatory for the Bidders to get their firms registered with e-tendering
portal and BIMS Portal. The Bidders shall update their project and other details on
the portal on a regular basis and apply to the tenders via the portal.
32
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 and BIMS portal https:// bims.gov.in
from 16.08.2022 to 29.09.2022 (up to 12.00Hrs. 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.

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 and BIMS Portal https://bims.gov.in using the digital signature of
authorized representative of the Bidder on or before 29.09.2022 up to 12 hours IST

2.14.3 Modifications/ Substitution/ withdrawal of BIDs

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

2.14.3.2 For modification of e-BID, Bidder has to detach its old BID from e-procurement
portal and upload / resubmit digitally signed modified BID. For withdrawal of BID,
Bidder has to click on withdrawal icon at e-procurement portal and can withdraw
its e-BID. Before withdrawal of a BID, it may specifically be noted that after
withdrawal of a BID for any reason, Bidder cannot re-submit e-BID again.

33
2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The Authority shall open on-line the Technical BIDs on 30.09.2022 at 15.30 hour 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 whose documents listed at
clause 2.11.2 of the RFP have been physically received .The MoRT&H 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 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.

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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 State
PWD’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 The Selected Bidder’s BID Security will be returned, without any interest, upon the
Bidder signing the Contract Agreement and furnishing the Performance Security in
accordance with the provisions thereof. The Authority may, at the Selected Bidder’s
option, adjust the amount of BID Security in the amount of Performance Security to be
provided by him in accordance with the provisions of the Agreement.

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

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

(a) Deleted
(b) If a Bidder engages in a corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice as specified in Section 4 of this RFP;
(c) If a Bidder withdraws its BID during the period of Bid validity as specified in this
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

35
 (if any) as per Clause 2.21; or
(iii) to sign the Agreement;
2.21 Performance Security

2.21.1 Within 30 (thirty) days of receipt of Letter of Acceptance, the selected Bidder shall
furnish to the Authority an irrevocable and unconditional guarantee from a Bank in
the form set forth in Appendix-VII (the “Performance Security”) for an amount equal
to 3% (Three percent) of its Bid Price. In case of bids mentioned below, the Selected
Bidder, along with the Performance Security, shall also furnish to the Authority an
irrevocable and unconditional guarantee from a Bank in the same form given at
Appendix-VII towards an Additional Performance Security (the “Additional
Performance Security”) for an amount calculated as under:

(i) If the Bid Price offered by the Selected Bidder is lower than 20% of the
Estimated Project Cost/Cost put to 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 Bidder.

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

Performance Security.

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

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

2.21.4 In the event the Selected Bidder fails to provide the remaining Performance Security,
and Additional Performance Security, if any, as prescribed herein, it may seek
extension of time for a further period up to 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 Additional Performance Security, if any, 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

36
 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.

37
 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 online at 15.30 hours IST on 30.09.2022 at
the place specified in Clause 2.11.4 (i); and in the presence of the bidders who choose to
attend. Technical BID of only those Bidders shall be opened online whose documents
listed at clause 2.11.2 of the RFP have been received physically. The Authority shall
prepare minutes of the BID opening, including information disclosed to those present at
the time of BID opening.

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

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

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

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

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

3.1.6 Tests of responsiveness

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

(a) Technical BID is received online as per the format at Appendix-IA including
Annexure I, IV, V and VI(Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically on 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 as 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

38
 (h) Receipt/TR copy/Document in support of online payment Rs 20000/- (Rupees
Twenty Thousand only +18% GST)(i.e Rs 3600/-) towards the cost of tender
document fees through the NTRP portal “bharatkosh.gov.in” 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 After evaluation of Technical Bids, the Authority will publish a list of Technically
Responsive Bidders whose financial bids shall be opened. The Authority shall notify
other Bidders that they have not been technically responsive. The Authority will not
entertain any query or clarification from Applicants who fail to qualify.

3.2 Opening and Evaluation of Financial Bids

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

3.3 Selection of Bidder

3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6. The bidder Shall be declared as the selected
Bidder (the “Selected Bidder”) in pursuance to the procedure defined hereunder:
(i) Among all the responsive bidder, the lowest bidder will be termed as L1. If L1 is ‘class
-I Local Supplier’, the contract will be awarded to L1.
(ii) If L1 is not ‘Class-I local supplier, the lowest bidder among the ‘Class-I Local
Supplier’, will be invited to match L1 price subject to ‘Class- I Local Supplier’s
quoted price falling within the margin of purchase preference, and the contract will be
awarded to such ‘Class-I Local Supplier’ subject to matching the L1 price.
(iii)In case such lowest eligible ‘Class-I Local Supplier’ fails to match the L1 price, the
‘Class-I Local Supplier’ with the next higher bid within the margin of purchase
preference shall be invited to match the L1 price and so on and contract shall be
awarded accordingly. In case none of the ‘Class-I Local Supplier’ within the margin of
purchase preference matches the L1 price; the contract shall be awarded to the L1
Bidder.

‘Margin of purchase preference’ means the maximum extent to which the price quoted
by a ‘Class-I Local Supplier’ may be above the L1 for the purpose of purchase
preference. The margin of purchase preference shall be 20%.

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

39
 3.3.3 In the event that the Lowest Bidder is not selected for any reason except the reason
mentioned in Clause 2.1.12 (b) (4), the Authority shall annul the Bidding Process and
invite fresh BIDs. In the event that the Authority rejects or annuls all the BIDs, it may,
in its discretion, invite all eligible Bidders to submit fresh BIDs hereunder.

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

40
 SECTION-4

FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and advisers shall observe
the highest standard of ethics during the Bidding Process and subsequent to the issue of
the LOA and during the subsistence of the Agreement. Notwithstanding anything to
the contrary contained herein, or in the LOA or the Agreement, the Authority may
reject a BID, withdraw the LOA, or terminate the Agreement, as the case may be,
without being liable in any manner whatsoever to the Bidder, if it determines that the
Bidder, directly or indirectly or through an agent, engaged in corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice in the
Bidding Process. In such an event, the Authority shall be entitled to 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.

41
 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.

42
 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 [Cuttack] shall have exclusive jurisdiction over all disputes
arising under, pursuant to and/ or in connection with the Bidding Process.

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

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

43
 APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

The Chief Engineer,

National Highways, Odisha
Nirman Soudh (Old Building) 1st Floor,
Unit-V, Bhubaneswar.

Sub: BID for “Widening to 2 lane with paved shoulder of Jareikela ( Jharkhand/Odisha
Border) – Dhabaleswar section from 0.000 to 36.000 km of section of NH-320D in the
state of Odisha on EPC Mode. (Bid Ref No.22 CE NH of 2022-23)”

Dear Sir,

1. 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 agencies for breach on
our part.

7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents,
including any Addendum issued by the Authority; and
(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

44
 respect of any tender or request for proposal issued by or any Agreement entered into
with the Authority or any other public sector enterprise or any government, Central or
State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity with the
provisions of Section 4 of the RFP, no person acting for us or on our behalf has engaged
or will engage in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the RFP for the
Project and information mentioned for the evaluation of the BID Capacity in Annexure
VI were true and correct as on the date of making the Application and are also true and
correct as on the BID Due Date and I/we shall continue to abide by them.
8. I/ We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any BID that you may receive nor to invite the Bidders to BID for
the Project, without incurring any liability to the Bidders, in accordance with Clause 2.16.2
of the RFP document.
9. I/We believe that we/our Joint Venture satisfy(s) the Threshold Technical Capacity, Net
Worth criteria and meet(s) the requirements as specified in the RFP document.
10. I/ We declare that we/ any Member of the Joint Venture or our/Joint Venture member, are
not a Member of any other Joint Venture submitting a BID for the Project.
11. I/ We certify that in regard to matters other than security and integrity of the country, we/
any Member of the Joint Venture or any of our/their Joint venture member have not been
convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority
which could cast a doubt on our ability to undertake the Project or which relates to a grave
offence that outrages the moral sense of the community.
12. I/ We further certify that in regard to matters relating to security and integrity of the country,
we/ any Member of the Joint Venture or any of our/their Joint venture member have not
been charge-sheeted by any agency of the Government or convicted by a Court of Law.
13. I/ We further certify that no investigation by a regulatory authority is pending either against
us/any member of Joint Venture or against our CEO or any of our directors/ managers/
employees.
14. I/ We further certify that we are not disqualified in terms of the additional criteria specified
by the Department of Disinvestment in their OM No. 6/4/2001-DD-II dated 13.7.01, a copy
of which forms part of the RFP at Annexure VII of Appendix-IA thereof.
15. I/ We undertake that in case due to any change in facts or circumstances during the Bidding
Process, we are attracted by the provisions of disqualification in terms of the guidelines
referred to above, we shall intimate the Authority of the same immediately.
16. I/We further acknowledge and agree that in the event such change in control occurs
after signing of the Agreement up to its validity. It would, notwithstanding anything to the
contrary contained in the Agreement, be deemed a breach thereof, and the Agreement shall
be liable to be terminated without the Authority being liable to us in any manner
whatsoever.
17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage at law
or howsoever otherwise arising to challenge or question any decision taken by the Authority
in connection with the selection of the Bidder, or in connection with the Bidding Process
itself, in respect of the above mentioned Project and the terms and implementation thereof.
18. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a
Agreement in accordance with the draft that has been provided to me/us prior to the BID
Due Date. We agree not to seek any changes in the aforesaid draft and agree to abide by the
same.
19. I/ We have studied all the Bidding Documents carefully and also surveyed the [project
highway and the traffic]. We understand that except to the extent as expressly set for thin the
Agreement, we shall have no claim, right or title arising out of any documents or
information provided to us by the Authority or in respect of any matter arising out of or
relating to the Bidding Process including the award of Agreement.

20. I/ We offer a BID Security of Rs.156.29 lakhs (One hundred fifty six lakhs and twenty nine
thousand only) to the Authority in accordance with the RFP Document.

45
 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 own estimates of costs and after a careful
assessment of the site and all the conditions that may affect the project cost and
implementation of the project.
25. I/ We agree and undertake to abide by all the terms and conditions of the RFP document.
26. {We, the Joint Venture agree and undertake to be jointly and severally liable for. all the
obligations of the EPC Contractor under the Contract Agreement}.
27. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID Due
Date specified in the RFP.
28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for
undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.

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

Yours faithfully,
Date:

Place

(Signature, name and designation of the Authorised Signatory )

Name & seal of Bidder/Lead Member:..........
Class III DSC ID of Authorised Signatory :.............

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

46
 APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
The Chief Engineer,
National Highways, Odisha
Nirman Soudh (Old Building) 1st Floor,
Unit-V, Bhubaneswar.

Sub: BID for “Widening to 2 lane with paved shoulder of Jareikela ( Jharkhand/Odisha Border) –
Dhabaleswar section from 0.000 to 36.000 km of section of NH-320D in the state of Odisha on
EPC Mode. (Bid Ref No.22 CE NH of 2022-23)”
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 BID Price Rs..........................................

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

Yours faithfully,

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

Note: Appendix IB as part of RFP, shall be treated for reference only and not to be filled by
the bidder.

47
 Appendix IA
Annex-I

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

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

business and proposed role and responsibilities in this Project:

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

4. Particulars of the Authorised Signatory of the Bidder:

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

5. In case of a Joint Venture:

(a) The information above (1-4) should be provided for all the Members of the
Joint Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should
be attached to the Application.
(c) Information regarding the role of each Member should be provided as per table
below:

Sl. Name of Member Role* 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

48
 Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14 for each Member of
the Joint Venture:

Name of Applicant/ member of Joint Venture:

Sl.
Criteria Yes/No
No.
1. Has the Bidder/ constituent of the Joint Venture been
barred by the Ministry of Road Transport & Highways
or its implementing agencies for the works of
Expressways, National Highways, ISC and El works,
from participating in bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID
due date.

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

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

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

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

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

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

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

Name of the Bidder /Member of JV: __________________________

Sr. No. Categories of Non-Performer Project 1 Project 2

Fails to set up institutional
mechanism and procedure as per
(i) contract
(ii) Fails to mobilize key construction
equipment within a period of 4
months from the Appointed Date;

49
(iii) Fails to complete or has missed any
milestone and progress not
commensurate with contiguous
unencumbered project = length /ROW
available even after lapse of 6 months
from respective project
milestone/Schedule Completion date,
unless Extension of Time has been
granted due to Authority’s Default or
Force Majeure;
(iv) Fails to achieve progress
commensurate with funds released
from Escrow Account (Equity + Debt
+ Grant) in BOT or HAM project and
variation is more than 25% in the last
365 days;
(v) Fails to achieve the target progress or
complete the project as per schedule
agreed at the time of sanctioning of
funds under One Time Funds Infusion
(OTFI) or relaxations to contract
conditions to improve cash flow
solely on account of
Concessionaire's/contractor’s
failure/default;
(vi) Fails to complete rectification
(excluding minor rectifications) as per
time given in non-conformity reports
(NCR) in design/completed
works/maintenance or reported in
Inspection Reports issued by Quality
Inspectors deployed by the Authority
or Officers of the Authority.
(vii) Fails to complete minor rectifications
exceeding 3 instances in a project as
per time given in non-conformity
reports (NCR) in design/completed
works/maintenance;
(viii) Fails to fulfill its obligations to
maintain a highway in a satisfactory
condition in spite of two rectification
notices issued in this regard;
(ix) Damages/penalties recommended by
Independent/Authority’s Engineer
during O&M Period and remedial
works are still not taken up;
(x) Fails to complete Punch list items
even after lapse of time for
completion of such items excluding
delays attributable to the Authority;

50
(xi) Occurrence of minor failure of
structures/highway due to
construction defect wherein no
causalities are reported (causalities
include injuries to human being /
animals);
(xii) Occurrence of major failure of
structures/highway due to
construction defect wherein no
casualties are reported (causalities
include injuries to human being /
animals);
(xiii) Occurrence of major failure of
structures/highway due to
construction defect leading to loss of
human lives besides loss of reputation
etc. of the authority;
(xiv) Fails to make premium payments
excluding the current installment in
one or more projects;
(xv) Fails to achieve financial closure in
two or more projects within the given
or extended period (which shall not be
more than six months in any case);
(xvi) Fails to submit the Performance
Security within the permissible time
period in more than one project;
(xvii) Rated as an unsatisfactory performing
entity/ non-performing entity by an
independent third-party agency and so
notified on the website of the
Authority;
(xviii) Failed to perform for the works of
Expressways, National Highways,
ISC & El 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 Page 8
of 12 a may be;
(xix) Expelled from the contract or the
contract terminated by the Ministry of
Road Transport & Highways or its
implementing agencies for breach by
such Bidder, including individual or
any of its joint venture member
Provided that any such decision of
expulsion or termination of contract
leading to debarring of the bidder
from further participation in bids for

51
 the prescribed period should have
been ordered after affording an
opportunity of hearing to such party.
(xx) Fails to start the works or causes
delay in maintenance & repair/overlay
of the project.
I/ We certify that the list is complete and covers all the projects of Expressways, National
Highways, ISC and EI works of Ministry of Road Transport & Highways or its implementing
agencies and that we/ any of the JV partners do not fall in any of the above categories of being
a Non-Performing entity.
(Signature, name and designation of the authorized signatory)
For and on behalf of……………………………………..

52
 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 ** (**)13 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.
13
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.

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).

53
 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.

54
3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share
capital and all reserves created out of the profits and securities premium account,
after deducting the aggregate value of the accumulated losses, deferred expenditure
and miscellaneous expenditure not written off, as per the audited balance sheet, but
does not include reserves created out of revaluation of assets, write-back of
depreciation and amalgamation.

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

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

55
 Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of the
Instruction Project
Title & nature of the project
Category 5
Year-wise 6
(a)payments received for construction 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,

56
 etc.) may be provided. In case of projects in Categories 3 and 4, similar particulars of
the client need to be provided.
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 authorised signatory)

$
In case duly certified audited annual financial statements containing the requisite details are provided, a separate
certification by statutory auditors would not be necessary.
£
Refer Clause 2.2.2.5 of the RFP.
Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company.
€
Refer instruction no. 10 in this Annex-IV.
¥
In case the project is owned by the Applicant company, this language may be suitably modified to read: “It is
certified that …………….. (name of Applicant) constructed and/ or owned the ………….. (name of project) from
……………….. (date) to ………………… (date).” Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.

57
14. If the Bidder is claiming experience under Category 3 & 4 , as per Clauses 2.2.2.5 and
2.2.2.6(ii) of the RFP, it should provide a certificate from its Statutory Auditor/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 them or 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.

Refer Clauses 2.2.2.5 and 2.2.2.6(ii) of the RFP.

Provide Certificate as per this format only. Attach Explanatory Notes to the Certificate, if necessary. Statutory
auditor means the entity that audits and certifies the annual accounts of the company. However, in case the work of
other member(s) is also executed by the applicant, then this fact should also be certified by the Statutory Auditor
and accordingly the language may be suitably modified.

This certification should be strike out in case of jobs/ contracts, which are executed a sole firm. The payments
indicated in the certificate should be restricted to the share of Applicant in such partnership/ joint venture. 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.

58
 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.

59
 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. Works Amount of Net Value
No. undertaken w.r.t. EPC bonus (Rs. Excluding
Projects including bonus, if in Crores) bonus (Rs. In
any (Rs. in Crores) Crores)
1 2021-22/2021
2 2020-21/2020
3 2019-20/2019
4 2018-19/2018
5 2017-18/2017

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 of Updation Updated Amount of
No. Year Bonus (Rs. Factor Bonus (Rs. in Crores)
in Crores)
1 2021-22/2021 1.00
2 2020-21/2020 1.05
3 2019-20/2019 1.10
4 2018-19/2018 1.15
5 2017-18/2017 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 the
Date:
Place:

60
 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 22/2021 price
Work the project date of LOA Agreemen completed Level
β
project t /LOA

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 2021-22/2021 1.00
2 2020-21/2020 1.05
3 2019-20/2019 1.10
4 2018-19/2018 1.15
5 2017-18/2017 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
Date: and designation and Membership No. of
For and on behalf of ………………(Name authorised signatory)
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.

61
 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.
th
Dated 13 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.

62
 Appendix-IA
Annexure-VII
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

63
 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
…

(In the event that the Bidder had failed to achieve the Completion of any project within a period
of 90 (ninety) days from the Schedule Completion Date of the project, unless such failure had
occurred due to Force Majeure or for reasons solely attributable to the Authority, the Bidder
shall be deemed to be ineligible for bidding this project (under bidding), both as the sole party
or as one of the parties of Joint Venture/ Consortium, if any, during the period from Scheduled
Completion Date to issuance of Completion Certificate for that project. This restriction is
applicable if the contract value of the delayed project was not less than Rs. 300 Crore.)

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

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

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________

Place: __________________

64
 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.

65
 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.

66
11. We, the Bank, further undertake not to revoke this Guarantee during its currency except
with the previous express consent of the Authority in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute this
Guarantee for and on behalf of the Bank.

13. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be restricted to
Rs. *** crore (Rupees *** ** crore only). The Bank shall be liable to pay the said amount
or any part thereof only if the Authority serves a written claim on the Bank in accordance
with paragraph 9 hereof, on or before [*** (indicate date falling 180 days after the BID
Due Date)].

14. This guarantee shall also be operatable at our……………….. Branch at Odisha, 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 Chief Engineer NHs Odisha
2. Name of Bank STATE BANK OF INDIA
3. Account No. 11109326485
4. IFSC Code SBIN0009025

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

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

(Signature of the Authorised Signatory)

(Official-Seal)

67
 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
Project “Widening to 2 lane with paved shoulder of Jareikela ( Jharkhand/Odisha Border) –
Dhabaleswar section from 0.000 to 36.000 km of section of NH-320D in the state of Odisha
on EPC Mode. (Bid Ref No.22 CE NH of 2022-23)” proposed or being developed by the
Chief Engineer, National Highways, Odisha (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:………………

68
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.

69
 APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the Chief Engineer, National Highways (“the Authority”) has invited BIDs for the
Project “Widening to 2 lane with paved shoulder of Jareikela ( Jharkhand/Odisha Border) –
Dhabaleswar section from 0.000 to 36.000 km of section of NH-320D in the state of Odisha
on EPC Mode. (Bid Ref No.22 CE NH of 2022-23)” 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.

70
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED
THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For …………………….. For …………………….. For ……………………..

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

Witnesses:
1.
2.

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

71
 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 established under

the National Highways Authority of India Act 1988, represented by Chief Engineer,
NHs, Odisha and having its principal offices at Nirman Soudh (Old Building) 1st
Floor, Unit-V, Bhubaneswar (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
rehabilitation and augmentation of***** 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

72
(C) It is a necessary condition under the RFP document that the members of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with the
Application.

NOW IT IS HEREBY AGREED as follows:

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.

73
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:
Second Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 51 (fifty one) per
cent of the total length of the project highway if the Contract is allocated to the Joint
Venture.

7. Representation of the Parties

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

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

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

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

(ii) violate any Applicable Law presently in effect and having applicability to
it;

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

applicable organisational documents thereof;

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

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

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

74
 (c) this Agreement is the legal and binding obligation of such Party, enforceable in
accordance with its terms against it; and

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

8. Termination

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.

75
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.

76
 APPENDIX VI

INTEGRITY PACT FORMAT

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

This integrity Pact is made at _____ on this _________day of ________20…..

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 {Name of the work} (hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the land, rules of
land, regulations, economic use of resources and of fairness/ transparency in its relations with
its Bidder(s) and/ or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties. Now, therefore, in consideration of mutual covenants contained in this
pact, the parties hereby agree as follows and this pact witnesses as under:

Article-1: Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
(a) No employee of the Principal, personally or through family members, will in
connection with the Tender for, or the execution of a Contract, demand, take a
promise for or accept, for self, or third person, any material of immaterial benefit
which the person is not legally entitled to.
(b) The Principal will, during the Tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the Tender process,
provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential/ additional information through which the Bidder(s) could
obtain an advantage in relation to the tender process or the contract execution.

77
 (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 non 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.
(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.

78
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.

79
Article – 4: Compensation for Damages.

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money
Deposit/ Bid Security or demand and recover the damages equivalent to Earnest Money
Deposit/ Bid Security apart from any other legal right that may have accrued to the
Principal.

(II) In addition to 1 above, the Principal shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor/
Concessionaire/Consultant’s Default. In such case, the Principal shall be entitled to
forfeit the Performance Bank Guarantee of the Contractor/ Concessionaire/ Consultant
and/ or demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.

Article – 5: Previous Transgressions

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

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

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

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

Concessionaire(s)/ Consultant(s)/ Sub-contractor(s).
If the Principal obtains knowledge of conduct of a Bidder/ Contractor/ Concessionaire/
Consultant or subcontractor, or of an employee or a representative or an associate of a
Bidder/ Contractor/ Concessionaire/ Consultant or Subcontractor, which constitutes
corruption, or if the Principal has substantive suspicion in this regard, the Principal will
inform the same to the Chief Vigilance Officer.

80
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.

81
 (2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Director General
(Road Development) & Special Secretary.
(3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the Monitor
has the right to access without restriction to all project documentation of the Principal
including that provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/
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.

82
Article - 10 Other Provisions.
(1) This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.
(2) Changes and supplements as well as termination notices need to be made in writing.
(3) If the Bidder/Contractor/Concessionaire/Consultant is in a partnership or a consortium
Joint Venture partner, this pact must be signed by all partners or consortium members.
(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}

83
 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}
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
14
Amount” ).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 [Executive
Engineer, Public works department , Odisha], 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.

14
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as
per Contract.

84
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 prove that the

$
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.

85
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)

86
 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.

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.

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 on payment of Damages in accordance with Clause 2.21 of RFP.

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 Bid security shall be
encashed by the Authority as per Clause 2.21 of the RFP.
Yours faithfully,
“Accepted by
(Name of the Authorized person)
(Name of Sole Bidder/Lead Partner of JV)
Seal of the bidder”

{authorized signatory}

87
 751
1604658/2021/O/o JS (Highways)

88
 752
1604658/2021/O/o JS (Highways)

89
 753
1604658/2021/O/o JS (Highways)

90
 754
1604658/2021/O/o JS (Highways)

91
 755
1604658/2021/O/o JS (Highways)

92
 756
1604658/2021/O/o JS (Highways)

93
 757
1604658/2021/O/o JS (Highways)

94
 758
1604658/2021/O/o JS (Highways)

95
 759
1604658/2021/O/o JS (Highways)

96
 760
1604658/2021/O/o JS (Highways)

97
 761
1604658/2021/O/o JS (Highways)

98