(SECTION-I)

NOTICE INVITING TENDER

(E-TENDERING MODE ONLY)

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 SECTION-I
Notice Inviting Tender
(National Competitive Bidding through e-Tendering mode only)

NIT No- 238/RO-PATNA/NHAI/2023-24

1. The Regional Office Bihar National Highways Authority of India (NHAI)
hereby invites bid through e-tendering from experienced firms /
organizations whose corporate office / branch office is located either in
Regional Office Patna or in Darbhanga, , Purnea, Motihari, Begusarai,
Gaya, Munger, Chhapra, Sasaram, Patna, Aurangabad, Supaul (CITY
OF PIUs) for the following work.

Sl. Description of work Estimated Bid

No. Cost for Security
Two Years
Facility Services in NHAI’s Rs.25,00,00,000/- Rs. 37,50,000/- ( in
Regional Office and its Projects form of BG as per
implementation Units (Providing Prescribed Format)
Manpower viz Accountants,
Stenographers, Computer
Operators / Office Assistants,
Site Engineers/ Peon/
Chowkidar/ Security Guards,
Sweepers) for two years.

Note:- A copy of valid NSIC registration certificate or MSME certificate should

be attached for claiming exemption from payment of bid security. However,
payment of bid price shall be compulsory without which bid will be rejected.

2. The preliminary requirements (detailed requirements are

given in the Bid Document) of bidding firm / contractor for
above works are mentioned as under:-
Average Annual Turnover Completed work of similar nature Time period for
during last 3 years (in Rs.) during last 5 years Facility Services
Annual Average Turnover during Should have served for minimum of 5 24 Months
the last three financial years, No. of clients as Manpower Service
ending 31st March of the Provider out of which minimum 3 No.
previous of
financial years, should be at
least clients should be Govt/PSUs.
30% of the estimated cost.

3. To Participate in the E-Bid submission, it is mandatory for the bidders

to get themselves registered with the NHAI e-Tendering Portal
(https://etenders.gov.in) to get a user ID & Password free of cost
through online mode only. Validity of online registration is for one year.
a) After making the online payment, bidders have to send an e-mail
intimation at the e-mail address: [email protected].
b) All profile activations will be done only during NHAI working days.
c) No profile activations will take place during NHAI Holidays & gazetted
holidays.
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 d) The tender can be viewed/ downloaded from NHAI e-tendering
portal (https://etenders.gov.in) free of cost till prescribed last date &
time for submission of the of the Bids.
Following may be noted:-
i) Applications can be submitted only during the validity of
registration with the NHAI e-Tendering Portal being managed by
National Informatics Centre (NIC) i.e. https://etenders.gov.in
ii) The amendments/clarification to the tender, if any, will be posted on
the NHAI
website (www.nhai.gov.in) and NHAI e-Tendering Portal
(https://etenders.gov.in).
e)To participate in bidding, bidders have to pay Application/
Document Fee (non-refundable) Online only (payment in favor of
National Highways Authority of India, Canara Bank, A/c no. 1967201000804,
IFSC Code: CNRB0001967)
f) Deleted
g) Bid Security is offline and through DD mode (offline). The same should be
submitted before Bid due date
h) Bidders have to use CLASS III DSC with Signature and encryption Component.
i) The authorized signatory holding Power of Attorney shall only be the Digital
Signatory. In the case of Authorized Signatory holding Power of Attorney
and Digital Signatory are not the same, the bid shall be considered as non-
responsive.

If the Applicant has already registered with NIC for NHAI e-Tendering Portal usage
and validity of registration has not expired, then such applicant does not require fresh
registration.

For any clarifications on the above, may contact 0120-4200462, 0120-4001002 or

send email at the address: [email protected]

4. The detailed tender document can be viewed/downloaded from the website

http://etenders.gov.in or (www.nhai.gov.in) free of cost from 15.03.2024 to
29.04.2024 (upto 11:00 hrs.) after furnishing the payment particulars. The bidders
shall furnish the details of demand drafts against the cost of bid document and bid
security at the time of submission of e-bid.
5 The amendments/ addendums / clarifications to the bid document if any will be
hosted on the above website.

6. The bid should be submitted online in the prescribed format given in the website. No
other mode of submission would be accepted. No Documents is required to
be submitted in physical form within the Bid Due Date. Only, the
scanned copies of documents is required to be uploaded during
submission of e-bid on the e-tendering portal of NHAI, however,
following original documents in physical form shall be submitted in a
sealed envelope as and when asked by the Authority and addressed
to the addressee given in the NIT duly super scribed “Name of Work”.
Name and address of the bidder should also be indicated on the
envelope.

a) Original of Bid Security Bank Guarantee (as Annexure-XI)

b) Original Power of Attorney for signing the bid
(whose digital signature certificate is used during
e-tender submission).
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 c) Original Power of Attorney
d) Original of Integrity Pact,
e) Original of experience certificates apostle at foreign origin, if any.
f) Affidavit duly notarized (as per the format provided in Section III)
g) Original experience certificate or notarized copy of
certificate duly signed by authorized signatory.
i) Undertakings

7. The last date for online submission of the Bid is 29.04.2024 (upto 11:00 hrs.) (as
mentioned on the e-portal only) (“Bid Due Date”). The online bids would be opened
on 11:30 Hrs. of 30.04.2024, at Regional Office Bihar, NHAI on the date and time as
mentioned above. However, such representatives shall be allowed to attend the
opening of the bids only if they produce letter of agency on the letterhead of the
bidder, at the time of opening of bids as mentioned above.

For any clarification, the office of the undersigned may be contacted.

1. National Highways Authority of India

Regional Office-Patna (Bihar)
101-104, Block – B,
Shivmitra Apartment
Vivekanand Marg, Boring Road, Patna (Bihar)-800013
Ph. 0612-2570895
E-mail : [email protected]

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 (SECTION-II)

Terms and Conditions Including Eligibility Criterion of

the Bid
 SECTION-II:
(Term and Conditions Including Eligibility Criterion of the Bid)

1- INSTRUCTIONS TO BIDDERS (ITB)

A. General
1. Scope of Work

1.1 The Regional Office Bihar, National Highways Authority of India (NHAI) hereinafter
called "RO- Bihar (Name of RO)" invites bids through the process of E-tendering for
Facility Services for NHAI‟s Regional Office – Bihar (as defined in these documents,
hereinafter referred to as "the Works") as detailed in the bid document.

1.2 The work consists for providing Facility Services in NHAI‟s Regional Office Bihar,
and its Project Implementation Units (PIUs) located at Darbhanga, , Purnea,
Motihari, Begusarai, Gaya, Munger, Chhapra, Sasaram, Patna, Aurangabad,
Supaul as detailed in the Technical Specifications, Scope of Work.
1.3 The works under this Contract shall be carried out in accordance with the bidding
documents constituting the contract and shall consist of various salient items as
generally described below:

1.4 Availability of the Project Area:

The successful bidder shall deploy its staff at Regional Office Bihar NHAI, and its
PIUs located at Darbhanga, , Purnea, Motihari, Begusarai, Gaya, Munger,
Chhapra, Sasaram, Patna, Aurangabad, Supaul or any other place (under the
jurisdiction of Regional Office) as determined by the Regional Office of NHAI.

1.5 The successful bidder is required to commence the Work within the period stipulated
in Letter of Award i.e. within 15 days, failing which NHAI may terminate the award.

1.6 The RO- Bihar shall deploy an officer acting as the Employer‟s representative.

2. Source of Funds
The expenditure on these Works will be met by Regional Office Bihar, National
Highways Authority of India.
3. Eligible Bidders
3.1 This invitation for bids is open to bidders who are Authorized Service
Provider/contractor with relevant experience, as stipulated at Clause 4 below.
3.2 Bids from joint ventures, consortiums, combination or any sort of arrangement
between two or more than two entities are not allowed and such bid shall be treated
as non-responsive.

4. QUALIFICATION OF THE BIDDERS & SUPPLY OF INFORMATION

4.1 To be qualified for award of Contract, bidders must upload the scanned duly digitally
signed copies of the following documents along with online bid document containing all
the prescribed documents.
a) Achieved an average financial turnover equal to the amount indicated in NIT during
st
last three years ending 31 March of the previous financial year duly certified by a
registered Chartered Accountant. The Chartered Accountant should have his/her
registration number allotted by ICAI.

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 b) Submit a written Power of Attorney duly authorizing the signatory of the bid to
commit the bid. The Power of Attorney is also required to be given on a stamp paper
of requisite value and in the format (Annexure-I), duly notarized by the Public
Notary.
c) To qualify for award of the Contract, the bidder should have successfully & timely
completed Works of similar nature with minimum one work of Rs.20.00 Cr. or two
works of Rs.12.05 Cr. each or three works of Rs.10.00 Cr. each during last 5 years
in Government Organization, Public Sector Undertaking, Autonomous Body duly
funded by Govt. of India/ State Govt., Private Sector of repute only. Contractor
should submit documentary evidence, Letter of Award, copy of contract agreement,
and certificates of satisfactory completion of work from the previous Employer
otherwise, the experience will not be considered for evaluation and the bids will be
rejected. “Works of Similar nature” means providing manpower services of skilled
and unskilled manpower for routine office work in Govt. organization/Public Sector
organizations/Autonomous Body, Private Sector of repute only, but does not include
catering services etc. Timely completion means, the work should have been
successfully completed and date of completion should fall before Bid due date.

d) The bidder should have minimum of 5 years experience in providing facility services
in Government Organization, Public Sectors Undertaking, Autonomous Body, Private
Sector of repute only.
e) The bidder shall submit the following information/documents on eligibility and
qualification:-
i) General information
ii) Annual audited turnover for last 3 years duly verified by a Chartered Accountant
(Registered).
iii) A certificate from Chartered Accountant as a proof of turnover for the last 3
years.
iv) Additional information regarding litigation, debarment, arbitration or blacklisting
etc.
v) The firm/ organization should submit the CV of at least one senior Person, well
experienced in similar type of job for site in-charge post, whose particulars such
as Name, Age and Experience should be furnished.
vi) The bidder should upload Affidavits & Power of Attorney duly notarized by
notary on Stamp Paper(s) of requisite value, as per enclosed formats, without
which the bid shall be rejected.

vii) Bidder should submit the self attested photocopies of registration certificates
ofESI, PF, PAN No., PPF, Labour license and GST Regn. number duly certified
by the authorized signatory. An indemnify bond for any failure on this account
may be given by the bidder for 100% of monetary value of the above Statutory
deductions w.r.t. number of short term manpower deployed.

viii) The Certificate of incorporation of the Company issued by the Registrar of

Companies concerned etc.

ix) Legal status of Bidder (Proprietorship/Partnership or Pvt. Ltd.

firm) [Upload scanned copy of original]

x) Place of registration:
____________________________
xi) Principal place of business:
____________________________

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Note : (i) Power of Attorney of signatory of Bid [Upload scanned copy & also supply Original
copy when ask by the authority

(ii) Total value of work done in the last three years (in Rs.) (Upload scanned
copies of certificate from Chartered Accountant)

2020 – 2021 : --------------

2021 – 2022 : --------------
2022 - 2023 : --------------
Total : -------------
Average per year:_____________

f) It is desired to furnish the information/documents in the following order for which

proper indexing giving serial numbers, details/particulars and page numbers of
the documents may be given in the beginning of the bid document :-

(i) Company‟s profile

(ii) Demand Drafts towards cost of bid document and Bid Security.

(iii) Annexure-I to VIII

(iv) „Experience-cum-Work Completion Certificate issued by the organization

where the agency has provided man power services for routine office works
(preferably in Annexure-VIII), followed by copies of contract agreements etc.

(v) Annual Audited Turn Over for the last 3 years duly verified by a Chartered
Accountant (Registered)

(vi) A certificate from Chartered Accountant as a proof of turn over for the last 3
years

(vii) CV of at least one Senior Person, well experienced in similar type of job for
site-in-charge post, whose particulars such as Name, Age and experience

(viii) Photocopies of ESI, PF/EPF, PAN No, Labour License No., GST Reg. No.
duly certified by authorized signatory.

(ix) Relevant documents in support of technical evaluation criteria, in the absence

of which no marks shall be allocated against that specific criteria.

(x) Any other documents.

g) Apart from the above, the following eligibility criteria is also prescribed for selection of
outsourcing/ placement / manpower agency:-

S.no. Criteria Supporting Document

(a) The Registered Office or one of the Self-attested copies of Telephone

Branch Offices should be located bill/Electricity Bill/Registered Lease
either in the location of PIU or the Deed supporting the address.
concerned Regional Office where
PIU falls and be functional for at least
last 2-3 years.
(b) The firm should be registered with the Certificate of Incorporation in respect
appropriate registration authority of the applicant organization issued
and should be in existence for not by Registrar of Companies or a
less than five years before the bid partnership deed duly registered

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 S.no. Criteria Supporting Document

date. under the Partnership Act.

(c) Income/Revenue from Recruitment Copies of audited balance sheet/CA
(Man Power Services) of the firm Certificate should be attached for
should be decided by RO the last three financial years. Attested
depending upon the classification of copy of the latest IT return filed by
the city of the PIU/RO. Revenue from agency
other business will not be considered
(d) Should have served for minimum of 5 Certified documents in support of
No. of clients as Manpower Service past contracts with Govt /PSUs from
Provider out of which minimum 3 No. the concerned establishment.
of clients should be Govt/PSUs.
(e) The Agency should have been Attested copy of PAN Card; Attested
registered with Income Tax and copy of GST registration certificate in
Service Tax departments; Attested respect of Manpower Services etc.
copy of PAN Card; Attested copy of
GST registration certificate in respect
of Manpower Services
(f) Annual Average Turnover during the Acertificate from Chartered
last three financial years, ending 31st Accountant (Registered) as a proof of
March of the previous financial year, turnover for the last 3 years.
should be at least 30% of the
estimated cost.
(g) Maximum Number of manpower on Self-attested declaration by the
pay roll deployed at one office Agency.
(Ministry / Govt. department / PSUs /
Autonomous bodies / reputed
Private Sector) during last one year.
(h) The Agency should be registered Attested copy of the Employee
with appropriate authorities under Provident Fund registration letter /
Employees Provident Fund and certificate. Attested copy of the
Employees State Insurance Acts or Labour License under the Contract
any other labour authorities including Labour (Regulation & Abolition) Act.
under the Contract Labour Attested copy of the Employee State
(Regulation and Abolition Act). Insurance registration letter/
certificate.
(i) The agency or any of its Self-attested declaration by the
partners/directors etc should not Agency.
have been black listed/debarred by
any of the government agencies or
department or should not have been
found to be guilty of moral turpitude
or convicted of any economic
offense or with violation of any
labour laws etc. by any court or any
authority appointed to enforce any
labour laws or regulations.

4.2 EVALUATION CRITERIA

The tendering evaluation shall be done on weightage with 70% to Technical

Evaluation and 30% to financial evaluation. The bidder meeting the minimum eligibility
criteria and with the highest marks/rank (i.e. the total of technical evaluation marks and

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financial evaluation marks) shall be deemed as the successful Bidder and shall be
considered eligible L 1 Bidder for further process.

4.2.1 Technical Bid:

(a) The technical bid evaluation shall be done based on the following criteria:-
(b) During the technical evaluation stage, each bidder shall be assigned different marks
out of a total 100 marks, as per the criteria specified below:

S. Particulars Max Scoring mechanism

No. Marks Values Marks
(i) Number of years in 20 (a) 5 years 05 marks
operation (supported (b) More than 5 years and up to 10 years 10 marks
with documentary (c) More than 10 years (10 + 02 mark for 12-20
proof for validation) each additional completed year) marks
(ii) Number of Similar 15 (a) 1 to 2 Nos. 5 marks
nature of completed (b) 3 to 4 Nos. 10 marks
works during the last (c) More than 4 Nos. (10 + 01 mark for each 11-15
05years (Supply of additional completed work) marks
Manpower/ Facility
Management
Services) costing Rs.
10.00 Cr. or above.
(iii) Annual Average 25 (a) Up to 10 crores 05 marks
Turnover during the (b) More than 10 crores and upto 25 crores 10 marks
last 03 financial year. (c) More than 25 crores and upto 50 crores 15 marks
(d) More than 50 crores and upto75 crores 20 marks
(e) More than 75 crores (20 + 01 mark for 21-25
each additional 5crores) marks
(iv) Maximum Number of 25 (a) Up to 100 05 marks
Manpower on pay (b) More than 100 and upto 300 10 marks
roll deployed at one (c) More than 300 and upto 500 20 marks
office (Ministry/Govt. (d) More than 500 (20 + 01 mark for each 21-25
Department/PSUs/A additional 100 manpower) marks
utonomous
bodies/Reputed
Private Sector)
during last one year.
(v) Quality Related 15 ISO 14001 05 marks
Marks (Supported SA 8000 05 marks
with valid certificates) OHSAS 18001 05 marks

(c) Similar nature of services means providing manpower services of skilled and
unskilled manpower for routine office work in Govt. organization/Public Sector
organizations/Autonomous Body, Private Sector of repute only, but does not include
security services, catering services etc.

(d) A bidder should secure mandatory of a minimum of 70% marks (i.e. 70 marks
out of total 100 marks as per table) in Technical Evaluation in order to be a qualified
bidder for being eligible for Technical weightage and subsequently for opening of
financial bids.

(e) The total marks obtained by a Bidder in technical bid shall be allocated 70%
weightage and the financial bids shall be allocated 30% weightage and thereby
making a total of 100% final weightage for the complete bid.

4.2.2 FINANCIAL BID

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 (a) The financial evaluation shall be carried out and financial bids of all the bidders
shall be given 30% of the weightage.

(b) The Bidder with the lowest bid Prices (L-1) shall be assigned full 30 marks (i.e.
30% x 100) and his total scores of the bid shall be as per illustration below:

4.2.3 Illustrations:
(a) If a bidder has secured 80 marks out of the total 100 marks in technical
evaluation, his technical evaluation value shall be : 56 i.e. (80 x 70%).
(b) If the bidder at (a) above is L1 Bidder and quoted Rs.100 for being L1, then
his total value shall be :86 i.e. (56 Technical Value + 30 Financial Value).
(c) The financial scores of the other bidders (i.e. L2, L3 and so on) shall be
computed as under and as explained in (d) below:
30 x Lowest Value (L1 Price) / Quoted Value (L2 or L3…)
(d) If the Bidder at (a) above is L2 Bidder and he quoted Rs.125, therefore 30%
being the weighted value, the financial scores for L2 shall be computed as under:
30 x 100 (lowest price L1) / 125 (quoted price L2) = 24 (financial score)
Therefore, L2 Bidder shall have total value of 80 (56 Technical Value + 24 Financial
Value)
(e) The bidders‟ ranking shall be arranged depending on the marks obtained by
each of the bidder both in Technical Evaluation and Financial Evaluation.

4.2.4. The marks of technical evaluation and financial bid shall be calculated upto 02
decimals points.

4.3 Disqualification
Even though the Bidders may meet the above criteria, they are subject to
disqualification for any of the following reasons:
a) Misleading or false representation/declaration made in the Affidavit or in the other
forms, statements and attachments submitted and included in Bid application.

b) Record of poor performance such as abandoning the work, rescinding of contract for
the reasons which are attributable to the non-performance of the contractor/bidder,
consistent history of litigation awarded against the applicant or financial failure due to
bankruptcy.

c) Has been identified by the RO-Bihar as poor performer in implementation of past

and/or ongoing NHAI works.

d) If any bidder quoted the rates abnormally below the estimated tender value, the
same shall be summarily rejected by the RO- Bihar without assigning any reason
thereof and the decision of RO- Bihar shall be final. The Bidder may be disqualified
for the period of 5 years by the RO- Bihar.

4.4 Debarment / Black listing

Notwithstanding the above, the RO- Bihar may debar or blacklist any of the bidder(s)
for their misleading or false representations in the forms, statements and
attachments submitted and included in Bid application for the period to be decided by
the RO- Bihar besides taking legal action.

5. One Bid per Bidder

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 Each bidder shall submit only one bid. A bidder who submits or participates by way
of more than one bid in same tender notice, all such bids will be rejected and the
bidder will be disqualified for one year.

6. Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of his
E-Bid and the RO- Bihar will, in no case, be responsible or liable for those costs.

7. Site Visit

7.1 The bidder is advised to visit and inspect the Site of Work and its surroundings and
obtain all information that may be necessary for preparing the bid and entering into a
contract for execution of the Work. The costs of visiting the Site shall be borne by the
bidder.

7.2 The bidder and any of its authorized personnel or agents will be granted permission
by the RO- Bihar upon request by the bidder in writing to enter its premises and open
area inside the premises of RO- Bihar for the purpose of such inspection.

B. Bidding Documents
8. Contents of Bidding Documents

8.1. The set of bidding documents comprises the documents listed below and should be
read in conjunction with any Addenda issued.
Section- I. Notice Inviting Tender (E-Tendering Mode Only)
Section- II. Terms and Conditions including Eligibility Criterion of the Bid.
Section-III Procedure for E Tendering
Section-IV Staff Deployment
Section-V Scope of Work
Section-VI General Conditions of Contract
Section –VII Special Conditions of Contract
Section-VIII Form of Application, LOA & Agreement

8.2 The bidder is advised/expected to examine/study carefully the contents of all the
above bid documents alongwith addendum/amendments. Failure to comply with the
requirements of bid documents will be at the bidder's own risk. If Bids which are not
substantially responsive to the requirements of the bidding documents will be
rejected.

9. Clarification of Bidding Documents

A prospective bidder requiring any clarification of the bidding documents may notify
the RO- Bihar in writing or by fax (hereinafter, the term "fax" is deemed to include
electronic transmission such as facsimile, cable and email) at the Employer's
address indicated in the Invitation for Bid. The RO- Bihar will respond to any request
for clarification which he receives prior to holding of Pre-Bid Meeting. Copies of the
Employer's response will be forwarded to all purchasers of the bidding documents,
including a description of the enquiry but without identifying its source.

10. Amendment/Addendum of Bidding Documents

10.1 At any time prior to the deadline for submission of bids, the RO- Bihar may, for any
reason, whether at his own initiative or in response to a clarification requested by a
prospective bidder, amend the bidding documents by issuing Addendum.

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10.2 Any Addendum thus issued shall be part of the bidding documents and shall be
communicated in writing or by fax/email to all purchasers of the bid documents.
Prospective bidders shall acknowledge receipt of each addendum by fax/email to the
RO- Bihar.

10.3 In order to afford prospective bidders reasonable time in which Addendum is to be

taken into account in preparing their bids, the RO- Bihar may extend the deadline for
submission of bids.
C. Preparation of Bids

11. Language of Bid

The bid, and all correspondence and documents related to the bid exchanged
between the bidder and the RO- Bihar shall be written in the English language.
Supporting documents and printed literature furnished by the bidder may be in
another language provided they are accompanied by an accurate translation duly
certified by authorized signatory of the relevant passages in the English language, in
which case, for purposes of interpretation of the bid, the English translation shall
prevail.
12. Documents comprising the Bid
The following documents, which are not submitted with the bid, will be deemed to be
part of the bid.

SectionParticulars

Section- I.Notice Inviting Tender (E-Tendering Mode Only)

Section- II. Term and Conditions including Eligibility Criterion of the Bid.
Section-III Procedure for E Tendering
Section-IV Staff Deployment
Section-V Scope of Work
Section-VI General Conditions of Contract
Section –VII Special Conditions of Contract
Section-VIII Form of Application, LOA & Agreement

Part-II Financial Bid:

i) Form of Bid – duly filled in and online

13. Bid Prices

13.1 The Contract shall be for the whole Works, as described in Clause 1.1 based on the
priced Bill of Quantities submitted by the Bidder online only.

13.2 The bidder shall quote service charge in percentage in prescribed format enclosed
as part of tender document on e-tender portal of NHAI.

13.3 All duties & taxes (except GST), shall be payable by the Contractor under the
Contract, or for any other cause, shall be included in the rates, prices, and total Bid
price submitted by the Bidder. The GST shall be reimbursed (if applicable) subject to
production of proof of such payment by the contractor specific to the subject work.

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13.4 The rates and prices quoted by the Bidder shall be fixed for the period duration of the
Contract and shall not be subject to adjustment.

14 Currencies of Bid and Payment

14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees.
14.2 All payments including advances, if any, shall be made in Indian Rupees.
15. Bid Validity

15.1 Bids shall remain valid for a period of 120 days (One Hundred Twenty Days) after
the deadline date for bid submission specified in Clause 22. A bid valid for a shorter
period shall be rejected by the RO- Bihar as non-responsive.
15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the
RO- Bihar may request the bidders to extend the period of validity for a specified
additional period. The request and the responses thereto shall be made in writing or
by fax. A bidder agreeing to the request will not be required or permitted to modify
his bid but will be required to extend the validity of his Bid Security for the period of
the extension in all respects.
16. Bid Security

16.1 As part of its bid, the bidder shall furnish, a Bid Security and cost of the bid document
in addition to other specified/prescribed documents in favour of National Highways
Authority of India and shall be in the form of a Demand Draft from any scheduled
Indian Bank in India, duly approved by the Reserve Bank of India (RBI). For value of
bid security and cost of bid document, instructions given under the NIT & Procedure
under E-tendering may please be seen.
16.2 Any bid not accompanied with Bid Security, cost of bid document, and other requisite
documents shall be rejected by the RO- Bihar and the bid shall be treated as non
–responsive.

16.3 The Bid Security of the unsuccessful bidders will be returned as promptly as possible
and of the successful bidder, it will be discharged when the bidder has signed
agreement and furnished the required Performance Security.

16.4 The Bid Security may be forfeited for the following reasons:
a) if the bidder withdraws his bid during the period of bid validity;
b) if the bidder does not accept the correction of his bid price, pursuant to Clause 27;
c) in the case of a successful bidder, if the bidder fails within the specified time limit to
furnish the required Performance Security or sign the Agreement.
d) If it is found at any stage that the bidder has furnished wrong information or
misrepresented facts.
16.5 In case of forfeiture of Bid Security, the bidder shall also be debarred from
participation in NHAI works for a period as decided by NHAI.

17. Alternative Proposals by Bidders

Bidders shall submit offers, which comply with the requirements of the bidding
documents, including the conditions of contract and conditional offer or alternative
offers will not be considered further in the process of bid evaluation.
18. Format and Signing of Bid

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18.1 The documents to be submitted in the online only form along with the fees/security
shall be typed or written in ink and shall be signed by a person duly authorized to sign
on behalf of the bidder. All the pages of the documents as mentioned here shall be
signed by the person/persons signing the bid. Documents as mentioned here in shall
contain no overwriting, alterations or additions, except those to comply with
instructions, issued by the RO- Bihar or as necessary to correct errors made by the
bidder, in which case such corrections shall be made by striking out the cancelled
portion, writing the correction and signing and dating it along with the stamp by the
person or persons signing the Bid.

19. Sealing and Marking of Bids

19.1 Proposal should be uploaded on https://etenders.gov.in in pdf format in

various folders. Maximum size of documents uploaded should be within 35 mb)

20. Deadline for Submission of Bids

20.1 The Bidder shall ensure that the complete e-Bid is uploaded on NHAI e-tender portal
on or before the last date prescribed for submission of bids, as specified in NIT/e-
portal. The Bidder is further required to submit Documents in online Form on or
before the last date of Bid and before the time online of submission as specified in
NIT,
National Highways Authority of India
Regional Office-Patna (Bihar)
101-104, Block – B,
Shivmitra Apartment
Vivekanand Marg, Boring Road, Patna (Bihar)-800013
Ph. 0612-2570895
E-mail : [email protected]

In the event of the specified date for the submission of documents in online form
being declared a holiday for the RO-Bihar, the same will be received up to the
specified time on the next working day.

20.2 RO- Bihar assumes no responsibility for inability of a bidder to submit bids through
NHAI‟s e-tendering portal on account of delay in submission at bidder's end. Bidder
shall ensure that they submit the bid well before the "Due Date & Time of Bid-
Submission". RO- Bihar shall not be responsible if bidder is not able to submit the bid
on account of failure in network/internet connection or any other technical reason.

20.3 The RO- Bihar may extend the deadline for submission of bids by issuing an
amendment in accordance with Clause 10, in which case all rights and obligations of
the RO- Bihar and the bidders subject to the original deadline, will then be subject to
the new deadline.

21. Late Submission of Document in online Form:

Any document in online form if received by the RO- Bihar after the deadline
prescribed in Clause 22 will not be accepted and returned unopened to the Bidder
and also the e-bid submitted by such bidder shall not be considered.

15
22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their e-bids as directed on the e-tendering portal,
before the Bid Due Date and time.
22.2 No bid may be modified after the last date of deadline for online submission of bids.

22.3 Withdrawal or modification of a Bid between the deadline i.e. the last day of
submission of bids and the expiration of the original period of bid validity specified in
Clause 15.1 above or as extended pursuant to Clause 15.2 shall result in the
forfeiture of the Bid security pursuant to Clause 16.
22.4 Bidders may modify the prices of their bids before deadline of online submission of
bid.
22.5 No Late and delayed bids after Bid Due date/time shall be permitted in e tendering
portal System. Time being displayed on our e-Tendering Portal shall be final and
binding on bidder and bids have to be submitted by bidders considering this time only
and not the time as per their location.

E. Bid Opening and Evaluation

23 Opening of Technical Bids

23.1 The RO- Bihar will open all the bids received for the work online through e-tender
portal. In the event of specified date of bid opening being declared as a holiday for
the RO- Bihar, the Technical Bids will be opened at the appointed time and location
on the next working day.

23.2 Bids for which acceptable notice of withdrawal has been submitted pursuant to
Clause 24 shall not be opened and shall be returned.

23.3 Envelopes marked Technical Bid shall then be opened. Bidder‟s names,
„Modification of Technical Bid‟, the presence/or absence of Bid Security, the amount
and validity of Bid Security furnished with each bid and such other details, as the
RO- Bihar may consider appropriate will be announced by the RO- Bihar at the time
of opening.

23.4 The bidders or their representatives who are present shall sign attendance sheet
evidencing their attendance.

23.5 The sealed envelope containing the Financial Bid shall not be opened at this stage.

23.6 The RO- Bihar shall prepare besides the record of bid opening, minutes of the Bid
opening, including the information disclosed to those present in accordance with Sub
Clause 25.3 hereof.

24. Examination of Technical Bids and Determination of Responsiveness of

Technical Bid

24.1 Prior to evaluation of Technical Bids, the RO- Bihar will determine whether the bid is
accompanied by the required Bid Security.

16
24.2 If the Bid Security furnished does not conform to the amount and validity period as
specified in the Invitation for Bid and has not been furnished as specified in Clause
16, the bid shall be rejected by the RO- Bihar as non -responsive as per Clause 16
and the Technical Bid and the sealed Financial Bid will be returned to the bidder.

24.3 The Technical Bid will further be examined to determine whether the bid has been
properly signed, meets the eligibility and qualification criteria, is accompanied by the
requisite certificates, undertaking, Affidavit and other relevant information specified in
the bid documents and is substantially responsive to the requirement of the bidding
documents and provides any clarification for ascertaining the correctness of the
information/details that the RO- Bihar may require pursuant to Clause 29.

24.4 If the Technical Bid is not substantially responsive, it will be rejected by the RO-Bihar
and will not subsequently be made responsive by correction or modification or
withdrawal of the non-conforming deviation or reservation.

24.5 The RO- Bihar shall inform, in writing, the bidders, whose Technical Bid is found to
be responsive, the date, time and place of opening of Financial Bid. In the event of
the specified date being declared a holiday for the RO- Bihar, the Financial Bid will
be opened at the appointed time and location on the next working day.

25. Opening of Financial Bids

25.1 The Financial bids shall be opened for the work in the serial order listed in the ITB for
evaluation and award.

25.2 The RO- Bihar will open the „Financial Bid‟ (including „Modification pursuant to
Clause 22) of those bidders whose Technical Bid has been determined to be
substantially responsive, in presence of the bidders or their representatives who
choose to attend on the date intimated to such bidders. In the event of specified date
of Financial Bid opening being declared a holiday for RO- Bihar, the „Financial Bids‟
shall be opened at the appointed time and location on the next working day.

25.3 The names of the bidders whose Technical Bid is found to be substantially
responsive, the bid prices, the total amount of each bid, any discount, „modifications
of Financial Bids‟ and such other details, as the RO- Bihar may consider appropriate
will be announced by the RO- Bihar at the opening of the Financial Bid. Any bid
price, which is not read out and recorded at the bid opening, will not be taken into
account in Bid Evaluation.

25.4 The bidders or their representatives who are present shall sign attendance sheet
evidencing their attendance.

25.5 The RO- Bihar shall prepare besides the record of bid opening, minutes of the
Financial Bid opening including the information disclosed to those in accordance with
Clause 27.

25.6 If any bidder quoted the rates abnormally below the estimated tender value, the
same shall be summarily rejected by the RO- Bihar without assigning any reason
thereof.

26. Correction of Errors

26.1 Financial Bids determined to be substantially responsive will be checked by the RO-
Bihar for any arithmetic errors. Arithmetic errors will be rectified on the following
basis:-

17
 i) Where there is a discrepancy between the amount in figures and in words for any
rate in the unit rate column, the amount in words will govern.

ii) Where there is a discrepancy between the unit rate and the line item total resulting
from multiplying the unit rate by the quantity, the unit rate as quoted will govern and
the line item total will be corrected accordingly.

iii) If there is a discrepancy between the total bid amount and the sum of total costs per
item, the sum of the total costs per item shall prevail and the total bid amount will be
corrected.
27. The amount stated in the Form of Bid will be adjusted by the RO- Bihar in
accordance with the above procedure for the correction of errors and shall be
considered as binding upon the bidder. If the bidder does not accept the corrected
amount of bid, his bid will be rejected, and his Bid Security shall be forfeited in
accordance with Clause 16.

28. Evaluation and Comparison of Financial Bids

28.1 The RO- Bihar will evaluate and compare only those Financial Bids whose technical
bids are determined to be substantially responsive and qualified for award of
Contract.

28.2 In evaluating the Financial Bids, the RO- Bihar will determine for each Financial Bid
the evaluated Bid Price by adjusting the Bid Price as follows:-

a) Making any correction for errors pursuant to Clause 29;

b) Making appropriate adjustments to reflect any price modifications offered in

accordance with Clause 24.
28.3 If the Bid of the successful Bidder/s is seriously unbalanced in relation to cost for
contract profit/service charge (including cost of uniforms, washing allowances and
any other charges etc.) of the works, the RO- Bihar may require the bidder to
produce detailed price analysis. After evaluation of the price analysis, the RO-Bihar
may require that the amount of the performance security set forth in Clause 4 of
section VI (GCC) be increased up to an additional 5 (five) per cent at the expenses
of the successful bidder to protect the employer against financial loss in the event of
default of the successful bidder under the contract.

29 Clarification of Bids

29.1 To assist in the examination, evaluation and comparison of bids, the RO- Bihar may,
at his discretion, ask any bidder for authentication the correctness of the
information/details furnished by him in his bid. Such request by the RO- Bihar and
the response by bidder shall be in writing or by cable/fax, but no change in the price
or substance of the bid shall be sought, offered or permitted except as required to
conform to the correction of arithmetical errors discovered by the RO- Bihar in the
evaluation of the bids in accordance with Clause 27.

29.2 Subject to Sub Clause 30.1, no bidder shall contact the RO- Bihar on any matter
relating to his bid from the time of bid opening to the time contract is awarded.

29.3 Any effort by the bidder to influence the RO- Bihar in the bid evaluation, bid
comparison or contract award decisions may result in the rejection of his bid.

30. Process to be Confidential

18
30.1 Information relating to the examination, clarification, evaluation and comparison of
bids and recommendations for the award of a contract shall not be disclosed to
bidders or any other persons not officially concerned with such process until the
award to the successful bidder has been announced. Any effort by a bidder to
influence the Employer's processing of bids or award decisions may result in the
rejection of his bid.

31. Award
Subject to Clause 34, the RO- Bihar will award the Contract to the bidder whose bid
has been determined to be substantially responsive and with the highest marks (i.e.
the total of technical evaluation marks and financial evaluation marks).

32. Employer's Right to accept any Bid and Reject any or all Bids
The RO- Bihar reserves the right to accept or reject any bid and to annul the bidding
process and reject all bids, at any time prior to award of Contract, without thereby
incurring any liability to the affected bidder or bidders or any obligation to inform the
affected bidder or bidders of the grounds for the Employer's action.

33. Notification of Award

33.1 Prior to expiration of the period of bid validity prescribed by the RO- Bihar, the RO-
Bihar will notify the successful bidder by email/fax and confirmed by registered letter
that his bid has been accepted. This letter (hereinafter and in the Conditions of
Contract called "the Letter of Acceptance") shall mention the name of the firm
including quoted amount accepted by the RO- Bihar which will pay the Facilitator in
consideration of the execution, completion and maintenance of the Work by the
Facilitator as prescribed by the Contract (hereinafter and in the Conditions of
Contract termed "the Contract Price").
33.2 The notification of award will be subject to signing of the Contract by the RO- Bihar
& the successful bidder.

34. Signing of Agreement

34.1 At the same time that the RO- Bihar notifies the successful bidder that his bid has
been accepted, the RO- Bihar will direct him to submit performance bank guarantee
3% of the Contract Price, valid for the period 28 days after the expiry of time period
of contract and after verification of which to direct him to attend the Employer's office
on a date determined by the RO- Bihar for signing the Agreement.
34.2 Within 28 (twenty eight) days of the date of signing the Agreement, the successful
bidder shall, if required, have the same engrossed, have the correct amount of stamp
duty adjudicated by the Inspector General of Registrations, New Delhi and return the
same duly signed and executed on behalf of the successful bidder to the RO- Bihar.

35. In case the successful bidder fails to comply with the requirements of Clause 34,
sufficient grounds will be construed for cancellation of the award and forfeiture of the
Bid Security.
36. Corrupt or Fraudulent Practices
i) The RO- Bihar will reject a proposal for award if it is found that the Bidder
(recommended for award) has engaged in corrupt or fraudulent practices in
competing for the contract in question. The RO- Bihar will declare such bidder
ineligible, either indefinitely or for a stated period of time, to be awarded a contract by
National Highways RO- Bihar of India if it at any time determines that the firm

19
 has engaged in corrupt or fraudulent practices in competing for the contract, or
during execution.
ii) In case at any stage, it is revealed that for getting the contract, the bidder has
misrepresented/suppressed/twisted the facts or created an extraneous outside
pressure, the bid security and/or Performance Bank Guarantee shall be forfeited,
besides any other remedy available with the NHAI.

Note : Latest conditions as provided by CVC guidelines /Manual as amended from time
to time, shall be followed in this regard.

20
 (SECTION-III)

PROCEDURE FOR E –TENDERING

21
 SECTION-III
[A]PROCEDURE UNDER E-TENDERING

(Note: RFP stands modified to the extent required as per these instructions)

1. Accessing / Purchasing of bid documents

(i) To Participate in the E-Bid submission, it is mandatory for the bidders to get
themselves registered with the NHAI e-Tendering Portal (https://etenders.gov.in)
to get a user ID & Password free of cost through online mode only. Validity of
online registration is one year.
a) After making the online payment, bidders have to send an e-mail intimation at
the e-mail address: [email protected].
b) All profile activations will be done only during NHAI working days.
c) No profile activations will take place during NHAI Holidays & gazetted holidays.
d) The tender can be viewed/ downloaded from NHAI e-tendering portal
(https://etenders.gov.in) free of cost till prescribed last date & time for
submission of the of the Bids.
Following may be noted:-
 Applications can be submitted only during the validity of registration with the
NHAI e-Tendering Portal being managed by National Informatics Centre
(NIC) i.e. https://etenders.gov.in
  The amendments/clarification to the tender, if any, will be posted on the NHAI
website (www.nhai.gov.in) and NHAI e-Tendering Portal
(https://etenders.gov.in).

e)To participate in bidding, bidders have to pay Application/Document Fee (non-
refundable) to National Highways Authority of India (NHAI) as per the amount
mentioned in the tender document through DD mode only (offline). „Application
Fee‟ is mentioned in individual tender document as published at NHAI e-
Tendering Portal (https://etenders.gov.in).
f) Cost of Bid document is only DD mode (offline).
g) Bid security is offline and through DD mode (offline).
h) Bidders have to use CLASS III DSC with Signature and encryption Component.
i) The authorized signatory holding Power of Attorney shall only be the Digital
Signatory. In the case of Authorized Signatory holding Power of Attorney and
Digital Signatory are not the same, the bid shall be considered as non-responsive.

ii) If the Applicant has already registered with NIC for NHAI e-Tendering Portal usage
and validity of registration has not expired, then such applicant does not require fresh
registration.
For any clarifications on the above, may contact 0120-4200462, 0120-4001002 or
send email at the address: [email protected]

iii) The Complete Bid Document can be viewed / downloaded from the NHAI e-
tendering portal free of cost (https://etenders.gov.in).orwww.nhai.gov.in after
furnishing the payment particulars. The bidders shall furnish the details of demand
draft against the cost of RFP at the time of submission of e-bid.
iv) Detailed tender document can be viewed/downloaded from e-tender portal of NHAI
(https://etenders.gov.in) or www.nhai.gov.in from 15.03.2024 to 29.04.2024 upto 11:00 hrs

2. Preparation & Submission of bids:

22
 ii) Detailed tender documents may be downloaded from e-tender portal of
(https://etenders.gov.in) or www.nhai.gov.in from 15.03.2024 to 29.04.2024 upto 11:00
hrs

(i) and tender may be submitted online following the instructions appearing on
the screen. A buyer manual containing the detailed guidelines for e-tendering
system is also available on e-tendering portal of NHAI.
(ii) The following documents shall be prepared and scanned in different files (in
PDF or JPEG format so that the file size is not more than 5 MB) and
uploaded during the online submission of Bid. .
(a) Bid security [Rs. 37,50,000/-] in the form of Bank Grantee in favour of
NHAI payable at, Bihar or a copy of valid NSIC registration certificate or MSME
certificate should be attached for claiming exemption from payment of bid security.
However, payment of bid price shall be compulsory without which bid will be
rejected.

(b) Cost of tender document of Rs.1500.00 (Rs. One Thousand Five

Hundred Only) through online mode only.
(c) Power of Attorney duly notarized for signing of Bid in the format at
Annexure-I;
(d) Affidavit in the format given at Annexure-II.
(e) An Undertaking from the person having POA referred to in Sub.Cl. (c)
above that they agree and abide by the Bid documents uploaded by
NHAI and amendments uploaded, if any (as per format given at
Annexure-III & IV).
(iii) The bid (Price bid) should be submitted online only in the prescribed format
given in the website. No other mode of submission is accepted.
(iv) For documents except as mentioned at Sl.(ii) above of Bid, shall be digitally
signed by the Authorized Signatory of the bidder & submitted “on-line” only.
No hard copy is required to be submitted.
(v) It may be noted that scanned copies can be prepared in different file format
(PDF, JPEG) duly signed digitally.
(vi) It may also be noted that bidders can upload a single file of size of 5 MB only
but can upload multiple files.
(vii) The Documents as specified in para 2 (ii) above shall be placed in a sealed
envelope. The envelope superscribed the following:

ATTN. OF
National Highways Authority of India
Regional Office-Patna (Bihar)
101-104, Block – B,Apartment
Vivekanand Marg, Boring Road, Patna (Bihar)-800013
Ph. 0612-2570895
E-mail : [email protected]

3. Modification / Substitution / Withdrawal of bids:

(i) The Bidder may modify, substitute or withdraw its e-bid after submission,
prior to the last date of Bid at 11:00 Hrs. No Bid shall be modified, substituted
or withdrawn by the Bidder on or after the Bid Due Date.
(ii) Any alteration/ modification in the Bid or additional information supplied
subsequent to the Bid Due Date, unless the same has been expressly sought
for by the RO-Bihar, shall be disregarded.
(iii) For modification of e-bid, bidder has to detach its old bid from e-tendering
portal and upload / resubmit digitally signed modified bid.

23
 (iv) For withdrawal of bid, bidder has to click on withdrawal icon at e-tendering
portal and can withdraw its e-bid prior to the Bid due date.
(v) 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.

4. Opening & Evaluation of bids.

(i) Opening and evaluation of bids will be done through online process.
(ii) The RO- Bihar shall open on-line received Bids at 11:00 Hrs. on the Bid
Opening Date, in the presence of the Bidders/ Authorised Signatory
/Authorised representative who choose to attend. The RO- Bihar will
subsequently examine and evaluate the Bids in accordance with the
provisions set out.
(iii) Prior to evaluation of Bids, the RO- Bihar shall determine whether each Bid is
responsive to the requirements of this RFP.
(iv) „Financial Bid‟ of non-responsive bidders shall not be opened.
(v) The bid shall be opened of those bidders only who submit bid documents in
original as mentioned in para 2(ii) above. The bid submitted on-line but
without submission of original documents as required shall not be opened
and same shall be rejected.

24
(SECTION-IV)

STAFF
 SECTION:IV

STAFF DEPLOYMENT

1. The Facilitator may exhibit their staff deployment chart. All statutory requirements
and compliance will be the responsibility of the bidders like safety and labour laws
etc.
2. Facilitator shall provide qualified, trained and disciplined manpower as per the
table given below. The employment of these manpower will be with the facilitator
as he is a service provider.

Sl Category No. Minimum Education Essential Experience in

No. of Qualification relevant field of service
Post
01 Accounta 05 B.Com with minimum Five year experience in
nt 50% marks accounts related matters.
02 03 i)Graduate from Three years working
recognized University/ experience in relevant
Board. fields.
ii) Shorthand
speed: 80 w.p.m.
(Hindi/English).
Stenograph iii) Transcription speed
er
of
30 w.p.m.
(Hindi/English).
iv) Good working
knowledge of MS
office.
03 24 i) Graduate from At least three year’s
recognized University/ experience in relevant field.
Board.
Computer ii) Good working
Operator knowledge of MS office.
iii) Typing speed of 35
w.p.m. in English/ 30
w.p.n. in hindi
04 11 i) Graduate from At least three year’s
recognized University/ experience in relevant field.
Board.
Office ii) Good working
Assistant knowledge of MS office.
iii) Typing speed of 35
w.p.m. in English / 30
w.p.n. in hindi
05 Site 40 Holding Degree in Civil At least One year’s
Engineer Engineering. experience in relevant field.
06 13 Bachelor degree in Minimum 1 year experience
Data lake Engineer or MCA or BCA in Data analysis using
operator in Computer Science Microsoft excel.
passed
07 Private 43 Should have complete
Surveyor/ Certificate course of
Amin Amanat.
08 Ret. 01 Only Retd. Revenue officer
Revenue from state Govt is eligible
26
 Officer/ for the said post.
LA
Assistant
09 Peon 29 Minimum pass 10th ----------------------
Standard or higher
qualifications will be
preferred
10 Chowkidar 42 i) Should be minimum 8th
/ Security Pass.
Guard ii) Should have
undergone formal
security/ fire arms
training institute of repute
and should not more
than 45 years of age.
11 Sweeper 14
(Part time)
12 Young 02 Post Graduation/ 0-2 years experience in the
Horticultur Graduation in Forestry/ field of forestry or
e Expert Horticulture/ Agriculture Agricultural or Horticulture
from national level Environment.
reputed institute such as
IIFM, IIPM, IRMA, ICFRE
etc.

The total number of manpower may increase or decrease  as per the requirement, payment for extra
 manpower will be paid pro-rata only for each category.

The Consolidated salaries of the manpower as per table above shall be as per policy of
NHAI or the minimum wages prescribed by respective State Government from time to time,
whichever is higher.
Working hours: RO-Bihar observes five days working (i.e Monday to Friday) in a week
from 9.30 am to 6.00 pm with a lunch break of 1/2 an hour. Besides, the RO-Bihar also
observes the Gazetted holidays notified by the Govt. from time to time. All above agency
personnel however, may be required to attend the office on Saturday for which no extra
payment shall be made. They may also be required to attend the office on Sundays /
Gazetted Holidays or attend office before / after office hours also in exigencies of work for
which the RO- Bihar will make payment on pro-rata basis on verification of attendance
through biometric.

27
28
 (SECTION-V)

SCOPE OF WORK
 SECTION: V
SCOPE OF WORK

Facility Services for the Regional Office Bihar and its PIUs located at Bihar,
Darbhanga, , Purnea, Motihari, Begusarai, Gaya, Munger, Chhapra,
Sasaram, Patna, Aurangabad, Supaul of National Highways Authority of
India.

1. The Facilitator may exhibit their staff deployment chart. All statutory
requirements and compliance will be the responsibility of the bidders like safety,
labour laws and the wages act etc. The bidders may also state the additional
specific staff requirement, if any.

2. Facilitator shall provide qualified, trained and disciplined manpower as per the
table given below. The employment of these manpower will be with the facilitator
as he is a service provider

Sl Category No. Minimum Education Essential Experience in

No. of Qualification relevant field of service
Post
01 Accountant 05 B.Com with minimum Five year experience in
50% marks accounts related matters.
02 03 i)Graduate from Three years working
recognized University/ experience in relevant
Board. fields.
ii) Shorthand
speed: 80 w.p.m.
(Hindi/English).
iii) Transcription speed
of
30 w.p.m.
(Hindi/English).
iv) Good working
Stenographe knowledge of MS
r office.
03 24 i) Graduate from At least three year’s
recognized University/ experience in relevant field.
Board.
ii) Good working
knowledge of MS
office.
iii) Typing speed of 35
Computer w.p.m. in English/ 30
Operator w.p.n. in hindi
04 Office 11 i) Graduate from At least three year’s
Assistant recognized University/ experience in relevant field.
Board.
ii) Good working
knowledge of MS
office.
iii) Typing speed of 35
w.p.m. in English/ 30
w.p.n. in hindi
05 Site 40 Holding Degree in Civil At least One year’s
Engineer Engineering. experience in relevant field.
06 Data lake 13 Bachelor degree in Minimum 1 year experience
operator Engineer or MCA or in Data analysis using
30
 BCA in Computer Microsoft excel.
Science passed
07 Private 43 Should have complete
Surveyor/ Certificate course of
Amin Amanat.
08 Ret. 01 Only Retd. Revenue officer
Revenue from state Govt is eligible
Officer/ for the said post.
LA Assistant
09 Peon 29 Minimum pass 10th ----------------------
Standard or higher
qualifications will be
preferred
10 Chowkidar/ 42 i) Should be minimum
Security 8th Pass.
Guard ii) Should have
undergone formal
security/ fire arms
11 Sweeper 14
(Part time)
12 Young 02 0-2 years experience in the
Horticulture Post Graduation/ field of forestry or
Expert Graduation in Forestry/ Agricultural or Horticulture
Horticulture/ Agriculture Environment.
from national level
reputed institute such as
IIFM, IIPM, IRMA, ICFRE
etc.

The total number of manpower may increase or decrease  as per the requirement, payment for extra
 manpower will be paid pro-rata only for each category.


The Consolidated salaries of the manpower as per table above shall be as per policy of
NHAI or the minimum wages prescribed by respective State Government from time to time,
 whichever is higher.
Working hours: RO-Bihar observes five days working (i.e Monday to Friday) in a week
from 9.30 am to 6.00 pm with a lunch break of 1/2 an hour. Besides, the RO-Bihar also
observes the Gazetted holidays notified by the Govt. from time to time. All above agency
personnel however, may be required to attend the office on Saturday for which no extra
payment shall be made. They may also be required to attend the office on Sundays /
Gazetted Holidays or attend office before / after office hours also in exigencies of work for
which the RO- Bihar will make payment on pro-rata basis on verification of attendance
through biometric.

3. Police Verification of all the above categories of personnel shall be arranged by

agency and record be kept with agency. In case of any criminal activity, facilitator
will be summarily responsible to local police.Also the medical fitness certificate
from Registered Medical Practitioner/Govt. Hospital/State Hospital shall be
arranged by the agency and record kept with agency in respect of staff
deployed.Confirmation in this regard shall be given by the agency to the RO-
Bihar.

4. If any staff is required to visit any office of NHAI or MoRT&H, or any other
Ministry / Department of Government of India or any other local area related with
official work assigned by their controlling officers, he/she will be paid local
conveyance allowance @ Rs.4.00 per km and TA as per actual or as decided by

31
 NHAI. The amount of local conveyance will be reimbursed to the Facilitator by
NHAI.

5. The Facilitator shall issue photo identity cards at his own cost, with the details
viz. name, Father‟s Name, Date of Birth, Name of the Organization with address
and telephone No., blood group etc. to each and every staff, supervisor.

6. The Facilitator shall also make arrangements to provide 2 sets of summer uniforms
(with firm‟s logo and name of worker) and 2(two) sets of winter uniform with
pullover (with firm‟s logo and name of worker) to each of the employee per year
at its own
cost and will be distributed well before the onset of the season in the presence of
representative of RO- Bihar. The cost of the same is not reimbursable.
7. The Facilitator shall ensure and certify the credentials of persons deployed for
Facility Services and submit the proof duly signed by each worker for record. Any
change of manpower, if required, during the currency of agreement will be
permitted with prior permission of NHAI.

8. The facilitator shall provide 01 Casual Leave (CL) per month to the persons
st
deployed. The unused CL shall lapse on 31 December of every year or the end of
the contract whichever is earlier.

32
 (SECTION-VI)

GENERAL CONDITIONS OF CONTRACT

33
 SECTION: VI

GENERAL CONDITIONS OF CONTRACT

1. SUPPLY OF MANPOWER

1.1 The successful bidder (to whom Contract has been awarded) hereinafter called
“Facilitator”, shall get the works supervised by designated Supervisor officer, who shall
be qualified and experienced to supervise.

1.2 The Facilitator shall be responsible for all pay & allowances of persons deployed, local
laws including minimum wages etc. The contractor shall supply the manpower as
listed in Section – IV “Staff- Deployment” of the Bidding Document, based on the
demand given by NHAI from time to time, within 02 weeks of the Written Notice. In
case of failure against any category, the NHAI shall get the Staff from other Agency by
Nomination, at the Risk & Cost of the Bidder- Contractor/Facilitator. The payment to
Nominated Agency shall be debited from the account of facilitator/contractor.

1.3 The Facilitator should ensure payment of wages to all the workers through their Bank
th th th
account by 7 of each month or by 6 (in case of 7 is a Sunday/Holiday) and submit
the Bank statement with next month bill. Non compliance of this condition will result in
a penalty of Rs.10,000/- on each occurrence. (A notice of non-compliance will be
issued by NHAI).

1.4 The payment of the salaries of staff shall be through Electronic clearing Services
(ECS) mode only or through Bank account only. EPF number of all persons and Proof
of EPF payments shall be provided to RO- Bihar by the Facilitator.

1.5 The Facilitator shall indemnify the NHAI against any payment to be made under and
for observance of the above mentioned various laws & rules. In case of any liability
which falls on NHAI / RO- Bihar for non-compliance of the applicable law by the
Facilitator / Contractor, the Facilitator / Contractor shall fully indemnify NHAI including
legal expenses incurred by RO- Bihar to defend itself.

1.6 The Facilitator undertakes any liability arising out of any dispute raised by the
deployment of Manpower and indemnify the RO- Bihar against any such claim
including legal expenses if any incurred by the RO- Bihar.

1.7 It is agreed & understood by the contractor that this Contract shall non-transferrable.
The Facilitator is not permitted to sub contract any job arising under this contract
further. The Contractor will neither appoint any sub-agency nor assign any burden or
benefit of this contract to any third party. In case of breach of this condition, the
contract is liable to be terminated by giving one week notice to the contractor.

1.8 A notice showing the wage period and the place and time of disbursement of wages
shall be displayed at the place of work and the copy is tobe sent by the Facilitator to
the Principal Employer under acknowledgement.

1.9 The Facilitator shall in respect of labour employed by him, comply with the provisions
of Contract Labour (Regulations & Abolition) Act, 1970 in regard to all matters
provided therein, including obtaining a valid license from the RO- Bihar under
Contract Labour (Regulations & Abolition) Act, 1970.

1.10 The Facilitator shall get the work supervised from trained/ experienced supervisor.

34
2. CONTRACT PERIOD
The contract period of Facilitator shall be valid initially for a period of 02(two) years
from the date of execution of agreement/issue of work order. The Contract can
further be extended as mutually agreed to, between the parties at same rate, terms
and conditions for one more year. Before the expiry of the stipulated period, either
party shall give in writing its intention to extend the contract. If the contract is agreed
to be extended by both the parties, the same shall be in writing and a fresh
Agreement shall be executed for the said period.

3. Bid Security
The Facilitator shall be required to furnish a security Bid Securityof requisite value to
NHAI, in the form of Demand Draft. In the event of award of work. Bid Security shall
be released to the successful bidder on submission of Performance Security in the
form of Bank Guarantee and signing of the contract. In case of non-submission of
performance guarantee, the Bid Securityof successful bidder shall be forfeited. The
Bid Security of non-responsive bidder(s) shall be returned as promptly as possible.
The Bid Security of the responsive bidder(s) shall be returned after signing of the
contract.

4. PERFORMANCE SECURITY
The successful bidder shall submit a performance security in form of an
unconditional Bank Guarantee from schedule Bank, acceptable to NHAI,
equivalent to 3% of the bid amount and the same shall remain valid for the contract
period + 2 months, i.e. 26 months from date of signing of Agreement.

5. PAYMENTS
RO- Bihar shall pay the monthly bills within a reasonable time in the succeeding
th
month of billing month after 15 day after receiving a valid bill with all required
supporting documents. While submitting the bills for payment, the agency shall
enclose the proof of remittance of contributions by employer as well as employee for
EPF, ESI, GST for preceding month of the billing month.

6. STATUTORY REQUIREMENTS

6.1 The facilitator shall comply with the statutory provisions of all labour laws statutes,
ordinances, rules and regulations applicable to the employment of the workers and
the services agreed to be provided pursuant to this Agreement and shall obtain all
necessary registration, licenses, approvals, sanctions from the Competent Authority
as are required under Employees Provident Funds and Miscellaneous Provisions
Act, 1952 along with Rules (EPF), Employees State Insurance Act, 1948 along with
Rules & Regulations (ESI), Contract Labour (Regulation & Abolition) Act, 1970 along
with Rules, 1971 and under any other applicable laws providing that any approvals
and registration that are required to be taken by the contractor/facilitator due to the
nature of its business. In case the facilitator contravenes any conditions of license
granted under the Contract Labour Act, the contractor/facilitator shall be wholly
responsible for the consequences thereof. Further, the facilitator shall maintain all
statutory registers, records as required under the applicable laws and shall produce
the same, on demand to the NHAI “RO- Bihar” or any other authority under law. The
NHAI reserves the right to withhold invoices if the facilitator fails to produce proof of
having remitted the PF/ESI dues or records are not maintained. The facilitator shall
be held wholly responsible for any action taken by the Statutory Authorities for
violation/non-compliance of any such provision/rule.

6.2 The facilitator will comply with all the requirements of the Statutory Authorities under
Contract Labour (Regulation & Abolition) Act, EPF Act ESI Act, Employees
Compensation Act, Minimum Wage Act, Payment of Wages Act, Professional Tax

35
 etc. including monthly contribution to be deposited with the Statutory Authorities in
respect of the employment of workers by him. The wages of every person employed
as contract worker shall be paid without any deductions of any kind except those
specified by the Central Govt. by general or special order in this behalf or permissible
under the Payment of Wages Act, 1936. The facilitator shall ensure the disbursement
of wages in the presence of an authorized representative of NHAI by obtaining a
certificate under the signature of such authorized representative, at the end of the
entries in the register of wages. If the facilitator fails to comply with any of the
provision under any Act or rule or regulation applicable to it and as a consequence of
which the NHAI is compel to bear any additional financial burden such as fine,
penalty, lose or of any other nature, the NHAI reserves the right to recover such
amounts from the invoices of the facilitator along with interest without prior notice.

i. The Facilitator shall maintain prescribed Attendance Register for the deployed
manpower regularly and submit for inspection on demand by NHAI even after
expiry of the period of present contract.

ii. The Facilitator shall be required to submit to NHAI consolidated monthly salary,
deduction, allowances statement of each employee deployed to work duly signed
along with the bills of payment for records.

iii. The Contractor shall ensure for holding of valid licenses for providing facility
services from the concerned Govt. Departments including RO- Bihar under all
statutory orders/notifications etc. and laws applicable.

iv. The Contractor shall submit an affidavit on due contribution of PF/ESI for the
previous month, stating that they have disbursed all the due wages and has also
deposited the due contribution of ESI and PF in the ESI and PF department in
each month, before submitting the contractor‟s bill to finance/accounts
department for payment to the Contractor.

v. All the statutory obligations relating to Gratuity, PF, ESI, Bonus weekly off,
minimum wages, workman compensation, Leave etc. and other requirements like
uniform/washing allowance to be provided to the workers in facility services shall
be the sole responsibility of the Agency.

vi. To ensure compliance, the facilitator has also to give an undertaking on an

Affidavit that if they have not paid any dues to the contract personnel deployed
by them and has not deposited the due contribution of ESI and PF, Contractor
shall be responsible to pay such dues to the workers and the balance
contribution of ESI and PF in future including the interest & penalty if any
imposed by any Statutory Authority of Competent Jurisdiction.

7. COMPENSATION
The Facilitator shall ensure that the property of NHAI is not damaged in anyway due
to carelessness of deployed manpower. In case of any injury of major accident the
agency shall be required to compensate to the deployed manpower suitably due to
the negligence and for not exercising due diligence. RO- Bihar will not be responsible
on this account in any way. The Facilitator/ agency will also ensure proper
compensation to the deployed manpower on account of injury/death during the
course of their deployment. The Facilitator /agency shall make necessary insurance
arrangements for the manpower deployed and deposit the policy with NHAI.
Insurance policy will cover all staff deployed under contract for any injuries / fatal
accident / death in any accident.

36
8. FORCE MAJEURE

Neither party shall be considered in default in the performance of its obligation under
this agreement, if such performance is prevented or delayed on account of war, civil
commotion, epidemics, fire, unprecedented floods, acts of god or events beyond the
reasonable control of the Affected Party which could not reasonably have been
expected to occur, exceptionally adverse weather conditions, lighting, earth quake,
cyclone, or because of promulgation of any law or regulations by the govt. or any
judgment of any court of Competent Jurisdiction or Statutory Authority in India made
against the Contractor/Facilitator in any proceedings for any reason other than failure
of Contractor/Facilitator to comply with any Applicable Law or Applicable Permits or
on account of breach thereof. At the time of occurrence of a force-majeure condition,
the affected party shall give a notice in writing within 15 days from the date of
occurrence of the force-majeure condition indicating the cause of force-majeure
condition and the period for which the force-majeure condition was likely to subsist.
In the event the affected party is prevented from fulfilling its obligation under the
agreement owing to the force-majeure condition continuing for more than 30 days,
both Parties shall consult each other regarding the continuation of this agreement
including early termination.

9. DEDUCTION OF INCOME TAX AND PAYMENT OF SERVICE TAX

(i) Income tax shall be deducted from all the accepted payment to be made so far, in
accordance with the provisions of Income Tax Act, 1961. Firm must be registered for
work contract tax and also quote their PAN number.
(ii) Service Tax or any other tax as applicable for the service provided to NHAI
shall be borne by the bidder/contractor to whom the contract is awarded.

10. TERMINATION AND PENALTY

i) The Contract may be terminated even before the stipulated period by either party
giving the other one month‟s notice in writing.
ii) Either party may also Pre-Terminate for any just cause like Force-Majeure upon
one month‟s advance notice in writing to the other party. Any violation of
agreement or suppression of facts will attract termination of agreement by giving
30 days‟ notice. Any Pre-Termination of this agreement shall not prejudice the
rights or claims of either party which may have accrued prior to such termination.
iii) In case the agency fails to abide by the terms and conditions, the NHAI besides
termination will be at liberty to obtain the Facility Services from any other agency
at the risk and cost of the successful bidder/Agency.
iv) If any personnel is deployed by Facilitator without uniform NHAI may impose
penalty @Rs. 2000/- per day.

11. ADDITIONAL SERVICES

If required by the RO- Bihar, the agency shall also be required to provide additional
services / manpower of the categories which are not covered under Section relating
to Staff Deployment at the offices of RO/PIUs, at the rates as decided by the RO-
Bihar or minimum wages, whichever is higher.

12. ENHANCEMENT
a) No enhancement in the rate (%) quoted against service charges / contractor‟s
profit will be allowed during the contract period on any account. However, only

37
 on statutory increase in wages, enhanced rate of wages shall be paid by NHAI to
the Facilitator for payment to workers deployed in NHAI.
b) The total number of Manpower may be increased or decreased as mentioned in
scope of work as per requirement, after approval of competent authority, NHAI.
The wages of all additional manpower will be as per contract only.
c) RO- Bihar may ask the Facilitator for requirement of manpower of the post /
category which are not mentioned in scope of work.
d) Any increase/s in minimum wages as revised by the State Government from time
to time shall be brought to the notice of the RO- Bihar by the Facilitator.
Accordingly, if applicable, the same shall be enhanced along with the applicable
rate of PF & ESI and any other statutory dues thereon.
e) Salary/wages etc. of all categories of staff deployed under facility services shall
be paid by the facilitator and shall be reimbursed by the RO- Bihar after
submission of the bills along with supporting documents in this regard by the
Facilitator.
f) The facilitator in addition to weekly off shall provide 01 Casual Leave (CL) per
month to the persons deployed and the same shall be reimbursed to the
st
facilitator by NHAI. The unused CL shall lapse on 31 December of every year or
the end of the contract whichever is earlier.

13. Insurance under Group Insurance Policy (GIP):

The Service Provider shall maintain at its own expense, professional liability insurance
including coverage for errors and omission caused by Services Provider‟s negligence
in the performance of their duties under the Contract: (A) for the amount equivalent to
total payments for remuneration and reimbursable expenditure made or expected to
be made to the Service Provider hereunder or (B) the proceeds that the Service
Provider may be entitled to receive from any insurance, maintained by the Service
Provider, to cover such as liability, whichever of (A) or (B) is higher. The Policy should
be issued only from nationalized insurance company. The Service Provider shall not
cancel the policy mid-term without the written consent of the Employer and shall
submit an undertaking from the Insurance Company in this regard.

14. OVER PAYMENTS & UNDERPAYMENTS

14.1 Wherever any claim for payment of a sum of money to NHAI arises out of or under this
contract against the Facilitator, the same shall be deducted by NHAI from any
subsequent payment due to the Agency & if fall short all such remaining payment shall
be recoverable by the RO- Bihar from the security deposit.

15. If any damage / theft are caused to the assets / property / office equipment by staff or
supervisor of the Facilitator then the Facilitator shall bear the cost and NHAI may
deduct and withhold the payment equal to the sum of assets and property without
serving any notice.

16.1. CANCELATION OF CONTRACT IN FULL OR IN PART

(i) If the Facilitator at any time defaults in proceeding with the work and continues
to do so for 30 days from the date of receiving a notice in writing from RO-
Bihar.
(ii) Commits default in complying with any of the terms and conditions of contract
and does not take effective steps to rectify it within 15 days from the date of
receiving a notice in writing from RO- Bihar.

38
 (iii) Fails to provide the services stated in the scope of work and does not complete
them within 15 days from the date of receiving a notice in writing from RO-
Bihar.

In the event of default by the facilitator on any of the above, the RO- Bihar may
without prejudice to any other right to remedy which shall have accrued or shall accrue
thereafter to RO- Bihar by written notice, cancel the Contract as per whole or only
such work where the facilitator is in default. The balance or the work withdrawn from
the facilitator will be got executed through other agency at the Risk & Cost of the
defaulting facilitator. The excess expenditure if any in completion of the balance work
or the work withdrawn will be recovered from the defaulting facilitator.

Besides above, a penalty as deemed fit to the RO- Bihar shall be recovered
from the facilitator. In case of part cancellation, the services shall be taken by NHAI
from any other agency by nomination as decided by the Competent Authority at the
risk and cost of the contractor / facilitator.

16.2 RO- Bihar shall on such cancellation have powers to take possession of the site and
any materials thereon; and /or carry out the incomplete work by any means at the risk
and cost of the Facilitator. Any excess expenditure incurred or to be incurred by RO-
Bihar in completing the works or part of the works or the excess, loss or damages
suffered or may be suffered by as aforesaid after allowing such credit as shall be
recovered from any money due to the Facilitator on any account and if such money is
not sufficient the Facilitator shall be called upon in writing to pay the same within 30
days.

17 Dispute Resolution

17.1 Any dispute, difference or controversy of whatever nature howsoever arising under or
out of or in relation to this agreement (including its interpretation) between the parties,
whether during the execution of the work or after the completion and so notified in
writing by either Party to the other Party (the “Dispute”) shall, in the first instance, be
attempted to be resolved amicably in accordance with the Conciliation Procedure as
set forth below.

17.2 The parties agree to use their best efforts for resolving all disputes arising under or in
respect of this Agreement promptly, equitably and in good faith and further agree to
provide each other reasonable access to all the records, information and data
pertaining to any dispute.

17.3 CONCILIATION- In the event of any dispute between the parties, either party may
require such dispute to be referred to the Member (A) NHAI for amicable settlement
thereof, and upon such reference the Member (A) NHAI shall refer the dispute to one
conciliator of the rank of General Manager and the parties shall agree on the name of
a sole conciliator appointed by Member (A) NHAI, for commencement of conciliation
proceedings. The conciliation proceedings shall be in accordance with the procedure
prescribed in PART III “CONCILIATION” of the Arbitration and Conciliation Act, 1996
as amended by the Arbitration and Conciliation (Amendment) Act 2015.
17.4 The Parties agree that the process of Conciliation and Amicable Settlement Mechanism
will be a Pre-requisite condition before taking recourse to the operation of the
Arbitration Clause.
18. Arbitration

18.1 The parties agree that any dispute or difference arising under or out of or in relation to
this agreement, which is not resolved amicably by conciliation, as provided above,

39
 shall be finally decided by reference to Arbitration by a sole Arbitrator and shall be
referred to SAROD (Society for Affordable Redressal of Disputes) for resolution by
Arbitration in accordance with rules and procedure of SAROD and the provisions of
the Arbitration and Conciliation Act, 1996 as amended by the Arbitration and
Conciliation (Amendment) Act 2015. It is mutually agreed upon by the parties that the
sole Arbitrator shall be appointed in compliance of the Rules and Procedure of
SAROD. The parties shall choose the sole Arbitrator from the panel of Arbitrator
empanelled by SAROD (subject to compliance of furnishing of disclosure in writing as
th th th
per Section 12, Schedule 5 & 7 and in the form prescribed in Schedule 6 of
Arbitration & Conciliation (Amendment) Act, 1996 as amended up to date). The terms
of appointment of sole Arbitrator including the fees of Arbitrator and the expenses
likely to be incurred in the Arbitration shall be governed by relevant Rules of SAROD.

18.2 The place of Arbitration and the venue of hearings of the Arbitral Tribunal shall be at
NHAI HQ or at any nearby alternate accommodation at New Delhi only.

19. GOVERNING LAW AND JURISDICTION

This agreement shall be construed and interpreted in accordance with and governed
by the Laws of India and the Courts at respective State shall have jurisdiction over all
matters arising out of or relating to this agreement.

20. GENERAL
a) In the event of any dispute over the interpretation of any of the clauses of this
agreement or any part thereof including definitions, the decision of Member
(Admn.), NHAI shall be final and binding on agency.
b) The jurisdiction of legal complaints shall be confined to New Delhi only.
c) The RO- Bihar and Facilitator shall make every effort to resolve amicably by
direct negotiations, any disagreement or dispute arising between them under
the contract or in connection with it.
d) In the case of a dispute or difference arising between the NHAI and
Facilitator/Contractor relating to any matter arising out of or connected with this
contract, such dispute or difference shall be referred to Hon‟ble Courts in
respective State only and the decision of Hon‟ble Court i.e. Lower Court, High
Court & Supreme Court shall be bidding on both the parties.

21. The Facilitator shall issue photo identity cards at his own cost with the details viz.
name, Father‟s Name, Date of Birth, Name of the Organization with address and
telephone No., blood group etc. to each and every worker, supervisory staff. Security
staff shall be at liberty to exercise check on any of the works, supervisors while
entering, search them in the premises during the work and while leaving from the
premises. The Facilitator shall also make arrangements to provide 2 sets of summer
uniforms in the month of March (with firm‟s logo and name of worker) and 2(two) sets
of winter uniform in the month of October with pullover (with firm‟s logo and name of
worker) to each employee, per year at its own cost and will be distributed well before
the one set of the season in presence of representative of NHAI.

22. All the statutory obligations relating to Gratuity, PF, ESI, Bonus weekly off, minimum
wages, workman compensation, Leave etc. and other requirements like
uniform/washing allowance to be provided to personnel in facility services shall be the
sole responsibility of the Agency.

23. INTER-SE-RELATIONS:

40
23.1 In all circumstances it is clearly understood by the parties that the personnel deployed
by the Facilitator shall have no connection whatsoever with the RO- Bihar and the
relationship of master and servant or employer and employee shall be only between
the Facilitator and the personnel. NHAI will have no administrative, supervisory and
managerial control over the personnel deployed by Facilitator.

23.2 In case of termination of this contract on its expiry or otherwise, the personnel deployed
by the service providing agency shall not be entitled to and will have no claim for any
absorption nor for any relaxation for absorption in the regular / otherwise capacity in the
NHAI.
23.3 The Contractor / facilitator shall at all times (including after employment ends for any
reason):
i) Hold all confidential information in confidence and not discuss, communicate
or transmit to others or make any unauthorized copy of or use the information
held by you in fiduciary capacity or in any other capacity, position or business
unrelated to NHAI and unauthorized by NHAI;
ii) Use the confidential information in confidence only in furtherance of proper
RO- Bihar related reasons for which such information is disclosed or
discovered; Take all reasonable action, that NHAI deems necessary or
appropriate, to prevent unauthorized use or disclosure of, or to protect
NHAI‟s interests in, the confidential information excepts as required by law to
do so.

24. OTHER TERMS & CONDITIONS OF THE CONTRACT

24.1 Removal of Workmen: The Facilitator shall replace the person from the works who in
the opinion of the NHAI officer, misconducts himself or is incompetent or negligent in
the proper performance of his duties. Such person shall not be again employed upon
the works without permission of the NHAI officer.

24.2 Instruction and Notices; All notices required to be given by one party to the other
party on the address given by agency and all other communications,
documentations and proceedings which are in any way relevant to this
Agreement shall be in writing and in English language.
All notices to be given by the RO- Bihar or by the Manager (Admn) to the Facilitator
under the terms of contract which shall be served upon them by Registered Post or
Speed Post or delivering the same to the contractor‟s place of business, herein given
above.

41
 (SECTION-VII)

SPECIAL CONDITIONS OF CONTRACT

42
 SECTION: VII
SPECIAL CONDITIONS OF CONTRACT

1. The Facilitator shall make arrangement to issue Plastic Identity cards with
Photographs to each of the staff for entry into the premises. These I cards shall be
issued by the Facilitator at his cost. Security staff shall be at liberty to exercise check
on any of the workers, supervisors while entering, search them in the premises during
the work and while leaving from the premises.

2. In case it is felt by the NHAI officer or his authorized representative that any workman
or supervisor of the Facilitator is not suitable for carrying out the job or for supervision
then the workmen or the supervisor is to be replaced immediately by the Facilitator on
receiving official communication from NHAI.

3. All work under and in course of execution shall at all times be open to the inspection
and supervision of the NHAI officer or his authorized subordinates. Orders given to the
contractor‟s agent shall be considered to have the same force as if these have been
given to the Facilitator himself.

4. The facilitator shall undertake unconditional certificate to comply with all the provision
provided in the Labour Law and responsibilities of the Principal Employer and
indemnify the RO- Bihar against any claim whomsoever arising out of this assignment

5. Period of contract

The Contract shall be valid initially for a period of 02 (two) years from the date of
execution of agreement/issue of work order. The Contract can further be extended on
mutual consent on the same terms and conditions.

6. Extension of contract
If the Facilitator shall desire an extension of contract he shall apply in writing to the
NHAI officer within 30 days before the expiry of contract.NHAI will decide whether the
Contract can be extended or not and shall communicate the same to the Facilitator

7, During the tenure of the contract the Facilitator has to coordinate his work with other
agencies working inside or outside the building while attending to his jobs.

8. Overtime rate per day (8 hrs) for working on Sundays, Gazetted holidays and beyond
working hours (as applicable) will be paid on pro rata basis of the daily quoted rate for
respective manpower. No overtime will be paid for working from 9.30 to 6.00 pm on
Saturdays.

9. If any staff is required to visit MoRT&H, or any other Ministry / Department of

Government of India or any other local area related with official work assigned by their
controlling officers, he/she will be paid local conveyance allowance @ Rs.4.00 per km.
The amount of local conveyance will be reimbursed to the Facilitator by NHAI.

10. The Facilitator shall pay & continue to pay during contract and also pay till full
settlement with the labour(s) or workers for all statuary requirements applicable as per
rules and applicable law, including gratuity / retrenchment benefits pertaining to the
currency of the contract. He shall indemnify NHAI and shall keep NHAI indemnified
against such claims.

43
11. In the event of the Facilitator committing any breach of any terms and conditions
herein contained and /or required to be observed and performed by the Facilitator for
the satisfactory and faithful performance of the contract, NHAI shall be at liberty to
terminate this contract by giving three month‟s notice and without assigning any
reason and NHAI shall be entitled to forfeit the security deposit or any part thereof.

12. In case of non-compliance of contract obligations with regard to and also in case of
any damages or breakages to the buildings and fittings attributable to Facilitator‟s
labour, Facilitator will be responsible for repairing /replacing the same at his cost
failing which cost with suitable penalty shall be imposed on the Facilitator by officer of
RO- Bihar whose decision shall be final and binding on the Facilitator.

13. Indemnity
13.1 The Contractor/Facilitator shall indemnify and undertakes to keep indemnified and save
harmless and defend the NHAI including all its officers, directors, employees, agents
and its affiliates and subsidiaries from and against any and all claims, demands,
actions, proceedings, costs, expenses (including, but not limited to, legal and other
professional fees and expenses) losses, damages and other liabilities etc. of any
nature whatsoever, suffered or incurred by NHAI and that may be raised by its
workmen or by any third party in connection with the obligations under this contract
and/or instituted as a result of any breach or default on the part of the
Contractor/Facilitator of any applicable laws, rules or regulations with respect to the
workmen supplied or otherwise because of non-payment of taxes/failure to comply
with applicable laws relating to the Contractor‟s Business.

13.2 The Contractor/Facilitator shall indemnify and compensate the NHAI, if the NHAI as
principle employer under the Contract Labour (Regulation & Abolition) Act, 1970 or
under any other Statutory Legislation becomes liable to assume any liability, penalties
and/or obligations arising out of and from the aforesaid Acts or other similar
legislations.

13.3 NHAI shall not be held liable vicariously or otherwise for any deeds, promises, offences
or misconduct committed by the Contractor/Facilitator or any of its workers deployed.
The persons deployed by the Contractor/Facilitator shall be bound to exercise a duty
of care in the rendition of any service and/or in the conduct of any activities pursuant
thereto and shall keep NHAI indemnified from and against any lose caused to or
suffered by the NHAI due to any act of omission or commission or negligence or willful
misconduct whatsoever or any declaration found to be false or incorrect of the
Indemnifying Party.

14. Confidentiality
That the contractor/facilitator and the workers deployed by it and/or any of its
personnel staff shall not either during the period of this contract or at any time
thereafter, divulge or use or disclose to any third party, the secrets or confidential
information including but not limited to details of office, operation process, technical
know-how, security/administrative/organizational matters or any information relating to
business or affairs of NHAI and/or its affiliates which the contractor/facilitator is
exposed to or is received or which may have acquired during the course of the
performance of the outsourced services or pursuant to any activities conducted for
NHAI, and the Contractor/Facilitator shall indemnify and keep indemnified the NHAI
from any loss or damage arising from breach of this undertaking. The
Contractor/Facilitator/Service Provider shall take the necessary steps to cause its
officers/employees to observe the confidentiality provisions hereof.

44
 (SECTION-VIII)

ANNEXURES, FORMS OF APPLICATION, LOA

& AGREEMENT

45
 Annexure-I
Power of Attorney for signing of Bid
[Refer Clause 5.1(b) of Section-III, ITB)]
(To be given on Non-judicial stamp paper and duly notarized)
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 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 suchacts, deeds and things as are
necessary or required in connection with or incidental to
submission of our bid for…………………………………………………………. Project
proposed or being developed by the National Highways Authority of India (the “RO- Bihar”)
including but not limited to signing and submission of all applications, bids and other
documents and writings, participate in bidders‟ and other conferences and providing
information / responses to the RO- Bihar, representing us in all matters before the RO-Bihar,
signing and execution of all contracts including the Concession Agreement and
undertakings consequent to acceptance of our bid, and generally dealing with the RO-Bihar
in all matters in connection with or relating to or arising out of our bid for the said Project
and/or upon award thereof to us and/or till the entering into of the Concession Agreement
with the RO- Bihar.

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 WHEREOFWE, ………………………….., THEABOVE NAMED PRINCIPAL

HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……………………… DAY
OF …………………….., 20.…..
For……………………………..
(Signature, name, designation and address)
Witnesses:
1.
2.
Accepted Notarized
(Signature, name, designation and address of the Attorney)

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. The Power of Attorney
should be executed on a non-judicial stamp paper of Rs. 1000(One Thousand) and duly notiarised by a notary
public.

46
 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 Apostle certificate.

47
 ANNEXUE-II

AFFIDAVIT

(To be given on a Non-judicial stamp paper and duly notarized)

1. I, the undersigned, do hereby certify that all the statements made in the required
attachments and bid application are true and correct.

2. The undersigned also hereby certifies that neither our firm ______________________
______________________ nor any of its constituent partners if any have
abandoned any work or works on National Highways Authority of India nor any
contract awarded to us for such works has been rescinded during last five years prior
to the date of this bid. We also hereby declare that neither our firm nor any partner/
director has even been black listed by any Govt/PSU/Statutory Authority or
suspended for any period of contract or penalized for any breech.

3. The undersigned also furnish undertaking that we are not declared by any court of
law as proclaimed offenders also that we are not convicted under any law for the
offences punishable under Indian Penal Code, TADA, POTA, Negotiable Instruments
Act or any Labour/employee beneficial legislation‟s.

4. The undersigned hereby authorise(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by NHAI to
verify this statement or regarding my (our) competence and general reputation.

5. The undersigned understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the NHAI
with in stipulated specified period.

___________________________________________
(Signed by an Authorised Officer of the Firm)

I/We ……………………………………. the above named deponent do hereby verify that the
contents of the aforesaid paragraphs 1 to 5 are true and correct to the best of my/our
knowledge and belief and nothing is concealed there from. Verified at Delhi this
………………….day of ……………….2024

___________________________________________
(Signed by an Authorised Officer of the Firm)

___________________________________
Title of Officer

_____________________________
Name of the Firm

______________________

48
 ANNEXURE- III

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s

_____________________________________________________________ would invest a
minimum cash up to 25% of the value of the work during implementation of the Contract
towards the working capital.

_____________________________________
(Signed by an Authorized Representative of the Firm)

_____________________
Name of the Representative

__________________________
Name of Firm

______________________
DATE

49
 ANNEXURE- IV

UNDERTAKING

I, the undersigned do hereby undertake that our firm M/s

______________________________________agree to abide by this bid for a period of
_________days after the date fixed for receiving the same and it shall be binding on us and
may be accepted at any time before the expiration of that period.

____________________________________
(Signed by an Authorized Representative of the Firm)

_______________
Name of the Representative

__________________
Name of Firm

__________________
DATE

50
 ANNEXURE- V

UNDERTAKING

I, the undersigned do hereby undertake that our firm/individual/Proprietor(s)/ Board of

Directors etc. of the firm have been or have not been (strike whichever is applicable) black-
listed/ debarred/ suspended/ held non-performer etc. by any Central Govt./State
Govt./Autonomous Body/PSU/Pvt. Sector etc.

2. Further, no litigation or arbitration has been made by/against our firm/any individual/
Proprietor(s)/ Board of Directors etc.

OR

1. The details of black-listing/debarment/suspension/non-performance etc. by Central

Govt./State Govt./Autonomous Body/PSU/Pvt. Sector etc. is given as under :-

2. Details of litigation/arbitration by/against our firm/any individual/proprietor(s)/Board

of Director(s) this firm is given as under :-

____________________________________
(Signed by an Authorized Representative of the Firm)

_______________
Name of the Representative

__________________
Name of Firm

__________________
DATE

51
 ANNEXURE- VI

FORM OF LETTER OF APPLICATION

To

The _______________(Designation)
Regional Office _________________
National Highways Authority of India
<Address>.

Sub: Description of Works- Facility Services in NHAI‟s Corporate Office.

Dear Sir,

Having examined the Bid Document, Instructions to Bidders Qualification Information, Scope
of works, etc. for the subject work. We hereby submit our bid for the subject work.
It is certified that the information furnished in this document is true and correct. The proposal
is unconditional and unqualified. I/We, the undersigned unconditionally accept that NHAI
reserves the right to reject any or all application without assigning any reason.

Thanking you,

Yours faithfully,

(Authorized Signatory)
for and on behalf of M/s_____________

52
 Annexure-VII

Tender for Facility Services

1. Name of Tendering Company/Firm/Agency with Regn. No., if any :

(Attach Certificate of Registration/Certificate of Incorporation/MOU)
(Pl. Indicate page. no. also)

2. (a) Name of the Proprietor/owner(s)/Active Partner(s)/Directors of the

Company/firm/agency :
(b) Name of the Officer/authorized representative as per POA (Annex.–I)
(c) Name of the Sr. Person of the firm whose CV has been attached :
in the bid document (Indicated page no. at which CV has been given)
(d) year of Constitution of company/firm etc.
(e) Legal status of Bidder (Proprietorship/Partnership or Pvt. Ltd. firm)
[Upload scanned copy of original]
(f) Place of registration: ____________________________

(g) Principal place of business: ____________________________

(h) Total value of work done in the last three years = Rs………………………..
(i) Annual Turn Over during the following Financial Years (Upload scanned copies of
certificate from Chartered Accountant also to substantiate)

Average Turn Over : _____________

3. Complete address of the Registered Office of the Co./Firm/Agency :

Telephone No./FAX No./E-Mail Address :

4. Complete address of Operating/Branch Office at Delhi/New Delhi :

5. Bank details of the Company/Firm/Agency :

(Name of the bank/branch/Account No./Type of Account
IFSC Code/RTGS details etc.)
(Attach cancelled cheque-(Indicate page. no. also)

6. (a) Details of Demand Draft towards Cost of Bid document

(DD/PO No. & Date Drawn on Bank) :
(Attach Copy and indicate page. no. also)
(b) Details of Demand Draft towards Earnest Money Deposit
(DD/PO No. & Date Drawn on Bank) :
(Attach Copy and indicate page. no. also)

7. Furnish the following information (Whichever is applicable)

i. PAN/GIR No. (Attach Copy and indicate page. no. also) :
ii. TIN No. (Attach Copy and indicate page. no. also) :
iii. GST No. (Attach Copy and indicate page. no. also) :
iv. Certificate of Incorporation (Attach Copy and indicate page. no. also) :
v. Labour license No. (Attach Copy and indicate page. no. also) :
vi. EPF Regn. No. (Attach Copy and indicate page. no. also) :
vii. ESI Regn. No. (Attach Copy and indicate page. no. also) :
viii. MoU, if Any (Attach Copy and indicate page. no. also) :
ix. CBEC Regn. (Attach Copy and indicate page. no. also) :
x. Sales Tax Regn. No. (Attach Copy and indicate page. no. also) :

53
 xi. ESIC Code No. (Attach Copy and indicate page. no. also) :

8. ‘Average Annual Turn Over’ for the following financial years :

(Attach CA certificate to this effect and indicate page. no. also)
Financial Year 2020-21 2021-22 2022-23
Average Turn Over

9. Detail of Work. (Attach work experience/contract agreement(s)/work completion

certificate(s) issued by the organizations and indicate page. no. also)
Name of Period of Work Value of Work Whether value of work given in col. 3 of this
Organization Experience table is against one work/contract
agreement (Yes/No). If yes, enclose copy of
agreement & satisfactory work completion
certificate showing value of work also.
1 2 3 4

10. Additional information, if any (Attach separate sheet, if required).

Signature of authorized person of the agency

Date : Full Name & Designation.:
Place : Seal:

Note :(i) A certificate shall be attached that details and documents as given in annexure
have been checked and verified and are found to be correct. This shall be signed by
the authorized person on behalf of the bidder.

(ii) The documents/details provided in this annexure shall be taken on face.

These are subject to verification by NHAI. In case of any document/information found
false, at any stage, the tender of the bidder shall be summarily rejected besides any
other remedy/penalty as deemed fit by RO- Bihar.

54
 Annexure-VIII

Experience-cum-Work completion Certificate

(To be issued by the Authorized Officer of the Organization

where the agency has provided manpower services for routine office work)

This is to certify that M/s .........................................(name of the agency) has provided

.............................................. (name of the services) to this office from ............ to ......., as
per details as under :-

1. Name of the work/contract agreement ...........................................................

2. Whether there is one contract agreement for the said work : Yes/No

3. Actual period of work as per initial contract agreement : From....... To .............

4. Estimated Cost of the Contract : Rs.....................................................

5. Payment made to M/s ................. during the period of contract (amount paid to the
agency during the extended period of contract not to be included) : Rs................

6. Has the contract been extended beyond initially approved contract period : Yes/No

7. If yes, the date of such extension : From .................. To .....................

8. Payment made to the firm during the extended period : Rs.................................

9. Performance of the firm during the contract period : Satisfactory/Not Satisfactory

Place : (Name, designation and signature of the authorized Officer)

Date : Office Seal

55
 Annexure-IX
FORM OF LETTER OF ACCEPTANCE

No. …………………………. Dated ………..

To

M/s………………………….

Sub.: …………………………. Name of Work …………………………………

Sir,

Based on your bid submitted on ………….. in compliance of bidding

document of NHAI for execution of the work of
………………………………………………. , it is hereby notified that your bid for a
contract price of Rs …………… (Rupees in
words…………………………………………………………………..………) has been
accepted for and on behalf of NHAI

You are hereby requested to sign the contract agreement failing which the actions as
stipulated in contract shall be taken.

Thanking you,
Yours faithfully,

(………………..)
Dy. General Manager
(Admn.)

56
 Annexure-X

FORM OF AGREEMENT

AGREEMENT

This agreement made the ______________day of ____________________

202_____________________ between the National Highways Authority of India, New
Delhi (hereinafter called “the RO- Bihar” of the one part and _________________ (here in
after called “the Facilitator”) of the other part.

AND WHEREAS the RO- Bihar invited bids from eligible bidders for the execution of certain
works, viz………………………………………………

AND WHEREAS pursuant to the bid submitted by the Facilitator, vide ____________ (here
in after referred to as the “BID” or “OFFER”) for the execution of work, the RO- Bihar by his
letter of acceptance dated ___________ accepted the offer submitted by the Facilitator
for the execution and completion of such works and remedying of any defects thereon, on
terms and conditions in accordance with the documents listed in para 2 below.

AND WHEREAS the Facilitator by a deed of undertaking dated ________ has agreed to
abide by all the terms of the bid, including but not limited to the amount quoted for the
execution of Contract, as stated in the bid, and also to comply with such terms and
conditions as may be required from time to time.

AND WHEREAS the Facilitator has agreed to undertake such works and has furnished a
Performance Security pursuant to clause 33 of the instructions to bidders (Section-II).

AND WHEREAS the Facilitator (i.e. M/s …) agreed to provide their services at the total
contract price of Rs…….for the period of two years.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this agreement words and expressions shall have the same meaning as are
respectively assigned to them in the Terms Conditions of contract hereinafter
referred to;
2. The following documents shall be deemed to form and be read and construed as part
of this agreement viz.

(a) Agreement,
(b) Letter of Acceptance
(c) Contractor's Bid, Bidding Documents,
(d) Contract Data,
(e) Conditions of Contract, General Conditions of Contract, Special
Conditions of Contract, Conditions of NIT.
(f) Scope of Work
(g) Any other document listed in the Contract Data.

3. The foregoing documents shall be construed as complementary and mutually

explanatory one with another. Should any ambiguity or discrepancy be noted then
the order of precedence of these documents shall be subject to the order as listed
above and interpreted in the above order of priority.

4. In consideration of the payments to be made by the RO- Bihar to the Facilitator as

hereinafter mentioned, the Facilitator hereby covenants with the RO- Bihar to
execute and complete the works and remedy any defects therein in conformity in all
respects with the provisions of the contract.

57
 5. The RO- Bihar hereby covenants to pay the Facilitator in consideration of the
execution and completion of the works and remedying of defects therein, the contract
price or such other sum as may become payable under the provisions of the contract
at the times and in the manner prescribed by the contract.

IN WITNESS WHEREOF the parties here to have caused this agreement to be executed the
day and year above written. Signed, sealed and delivered by the said RO- Bihar through his
Authorized Representative and the said Facilitator through his Power of Attorney holder.

Binding Signature of RO- Bihar __________________________________

For and on behalf of National Highways Authority of India, New Delhi – 110 075

Binding Signature of Facilitator __________________________________

For and on behalf of M/s. _________________________________________

In the presence of In the Presence of

1. Name : 1. Name:
Address: Address:

2. Name : 2. Name:
Address: Address:

58
 Annexure-IX

FORM OF BANK GUARANTEE FOR Bid Security

Ref.:________________________ Bank Guarantee:______________

Date:___________________

To
The National Highways Authority of India
Regional Office-Patna (Bihar)
101-104, Block – B , Shivmitra Apartment
Vivekanand Marg, Boring Road, Patna (Bihar)-800013
Ph. 0612-2570895

WHEREAS……………………………… (name and address of contractor) hereinafter called

“the
contractor” has undertaken, in pursuance of Letter of Acceptance No. …………….
Dated ……………….. to execute……………………….. (name of Contract and brief
description of Works)
(hereinafter called “the contract”).

AND WHEREAS it has been stipulated by you in the said contract that the Contractor
shall furnish you with a Bank Guarantee for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREOF we hereby affirm that we are the guarantor and responsible to you on
behalf of the Contractor, up to a total of Rs……………… (amount of
guarantee)
(Rupees……………………………………. (in words), and we undertake to pay you, upon
your
first written demand and without cavil or argument, any sum or sums within the limits
of
……………….. (amount of guarantee) as aforesaid without your needing to prove or to
show
grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor
before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the
contract or of the works to be performed there under or of any of the contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.

This guarantee shall be valid until 28 days from the date of expiry of the Defects
Liability Period.

This guarantee shall also be operatable at our …………..….. branch at Bihar 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
59
payment of amounts so demanded under the said invocation

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 NHAI after obtaining details thereof from NHAI.

Sr no Particulars Details
1 Name of Beneficiary National Highways Authority of India
2 Beneficiary Bank Account 1967201000804
3 Beneficiary Bank Name Canara Bank, Boring Road, Patna

4 IFSC Code CNRB0001967

The liability of Bank under this Guarantee shall not be affected by any change in the
constitution of the contractor or of the Bank.

Notwithstanding anything contained herein before, our liability under this guarantee
is restricted to Rs. ________________ (Rs._________in words) and the guarantee shall remain
valid till ___________________. Unless a claim or a demand in writing is served upon us on or
before ____________ all our liability under this guarantee shall cease.

Signature and seal of the Guarantor with Name, Designation, Employee Code Number
& Telephone Number………………………………………………………

Name of the Issuing Bank/ Branch ………………………Name of the Controlling

Branch/Bank…..

Address & Telephone Number……………………………Address & Telephone Number………….

Date…………………………..

In the presence of (if this is to be witnessed as per bank’s policy)…………………………………

1…………………………………………………………………………………………
(Name, Address & Occupation)
2…………………………………………………………………………………………
(Name, Address & Occupation)
An amount shall be inserted by the Guarantor, representing the percentage of the Contract
Price specified in the Contract including additional security for unbalance bids, if
any and denominated in Indian

60
The date will be eighteen months after the date of commencement of services.

Note 1: The stamp papers of appropriate value shall be purchased in the name of bank who
issues the “Bank Guarantee”.

Note 2: The Bank Guarantee will be accepted which is issued by State Bank of India, or its
subsidiaries or any Indian Nationalized Bank. If the Bank Guarantee is drawn on a foreign
bank it will be accepted by NHAI only if such Guarantee is also accepted either by State
Bank of India, or any of its subsidiaries or any Indian Nationalized Bank.

61
 FORM OF BANK GUARANTEE FOR PERFORMANCE SECURITY

Ref.:________________________ BankGuarantee:______________

Date:___________________

To
The National Highways Authority of India
Regional Office-Patna (Bihar)
101-104, Block – B , Shivmitra Apartment
Vivekanand Marg, Boring Road, Patna (Bihar)-800013
Ph. 0612-2570895

WHEREAS……………………………… (name and address of contractor) hereinafter called

“the
contractor” has undertaken, in pursuance of Letter of Acceptance No. …………….
Dated ……………….. to execute……………………….. (name of Contract and brief
description of Works)
(hereinafter called “the contract”).

AND WHEREAS it has been stipulated by you in the said contract that the Contractor
shall furnish you with a Bank Guarantee for the sum specified therein as security for
compliance with his obligations in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREOF we hereby affirm that we are the guarantor and responsible to you on
behalf of the Contractor, up to a total of Rs……………… (amount of
guarantee)
(Rupees……………………………………. (in words), and we undertake to pay you, upon
your
first written demand and without cavil or argument, any sum or sums within the limits
of
……………….. (amount of guarantee) as aforesaid without your needing to prove or to
show
grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor
before presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the
contract or of the works to be performed there under or of any of the contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.

This guarantee shall be valid until 28 days from the date of expiry of the Defects
Liability Period.

This guarantee shall also be operatable at our …………..….. branch at Bihar 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

The guarantor/ bank hereby confirms that it is on the SFMS (Structural Finance Messaging
62
System) platform & shall invariably send an advice of this Bank Guarantee to the designated
bank of NHAI after obtaining details thereof from NHAI.

Sr no Particulars Details
1 Name of Beneficiary National Highways Authority of India
2 Beneficiary Bank Account 1967201000804
3 Beneficiary Bank Name Canara Bank, Boring Road, Patna

4 IFSC Code CNRB0001967

The liability of Bank under this Guarantee shall not be affected by any change in the
constitution of the contractor or of the Bank.

Notwithstanding anything contained herein before, our liability under this guarantee
is restricted to Rs. ________________ (Rs._________in words) and the guarantee shall remain
valid till ___________________. Unless a claim or a demand in writing is served upon us on or
before ____________ all our liability under this guarantee shall cease.

Signature and seal of the Guarantor with Name, Designation, Employee Code Number
& Telephone Number………………………………………………………

Name of the Issuing Bank/ Branch ………………………Name of the Controlling

Branch/Bank…..

Address & Telephone Number……………………………Address & Telephone Number………….

Date…………………………..

In the presence of (if this is to be witnessed as per bank’s policy)…………………………………

1…………………………………………………………………………………………
(Name, Address & Occupation)
2…………………………………………………………………………………………
(Name, Address & Occupation)
An amount shall be inserted by the Guarantor, representing the percentage of the Contract
Price specified in the Contract including additional security for unbalance bids, if
any and denominated in Indian

63
 DECLARATION CUM INDEMNITY BOND

THIS DECLARATION CUM INDEMNITY BOND made at by M/s…………………….

having its Regd. Office at __________________________ (hereinafter referred to
as"Contractor/Authorized Service Provider/Authorized Service Provider" which expression
shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include
their respective assigns, successors, executors and/or administrators) of the ONE PART .in favor
of RO Bihar (hereinafter referred to as the "RO-Bihar", which expression shall unless it be
-

repugnant to the context or meaning thereof be deemed to mean and include its assigns,
successors,) of the OTHER PART.

WHEREAS the RO- Bihar has entered into a contract with the Contractor/Authorized Service
Provider/Authorized Service Provider for the "Facility Services in NHAI‟s Regional Office and its
Project implementation Units."

Vide Work Order No ---------------------- (hereinafter called the "Contract");

AND WHEREAS it is one of the essential conditions of the Contract that the
Contractor/Authorized Service Provider shall comply with all the provisions of the Labour &
Industrial Laws, as may be applicable from time to time for the discharge and completion of the
Works and or Services covered under said Contract by the Contractor/Authorized Service
Provider including but not limited to the observance and compliance of The Contract Labour (R
& A) Act 1970, Child Labour (Prohibition and Regulation) Act 1986, The Employees Provident
Funds & Miscellaneous Provisions Act, 1952, Employees State Insurance Act 1948, Minimum
Wages Act, 1948, Payment of Bonus Act, 1965, Payment of Wages Act, 1936, Employees
Compensation Act.1923, and other Labour Laws applicable to the Contractor/Authorized
Service Provider (hereinafter referred as the 'Laws').

AND WHEREAS the Contractor/Authorized Service Provider has agreed to execute this
Declaration cum Indemnity Bond to this effect and has agreed to indemnify and keep the RO-
Bihar, its directors and employees and representatives indemnified and hold harmless against
all third party claims, charges, penalties, fines, expenses, losses, damages, costs, suits or any
other levy against the RO- Bihar and/or the management due to the failure of the
Contractor/Authorized Service Provider to observe or follow any Laws.

NOW THIS DEED WITNESSETH AS UNDER:

1. In consideration of the RO- Bihar awarding the Contract to the Contractor/Authorized

Service Provider subject to the condition of execution of this Declaration cum Indemnity
bond, the Contractor/Authorized Service Provider declares and represents to the RO-
Bihar that the Contractor/Authorized Service Provider has obtained all statutory
registrations, certificates, licenses and approvals required under the Laws enabling the
Contractor/Authorized Service Provider to execute the Contract in a legal and lawful
manner.

2. That in the event of any liability arising out of failure to observe or non-compliance of
any such 'Laws' by the Contractor/Authorized Service Provider in connection with the
performance of the Contract, the Contractor/Authorized Service Provider shall bear all
the resultant whatsoever liability(ies), if any arising out thereof and that the RO- Bihar,
its directors, employees, representatives, shall not be liable for any such liability(ies).
The Contractor/Authorized Service Provider agrees to indemnify and keep the RO-
Bihar and its directors, employees, representatives indemnified, defend and hold
harmless, against

64
 all losses, costs, damages, claims, penalties, interest, expenses, demands, fines, legal
liability, causes of action, injury to persons, suits etc which may be suffered, incurred,
undergone and / or sustained by the RO- Bihar including the costs and expenses that
may be incurred in defending any such liability(ies) claim (s), proceeding(s) etc. that
may he made or taken or arise on the same by any person, body, authority,
government, judicial / quasi judicial authority due to the failure or non compliance of
any such laws and rules there under (including any amendments in acts, laws,
statutes & rules there under) of whatsoever kind and nature arising out of or in any
way connected with, whether or not such acts or omissions are actual or alleged,
active or passive with regard to the discharge of the said Contract.

3, The Contractor/Authorized Service Provider hereby agrees and undertakes to

make good any loss , damage , claims, suits, demands, decrees, expenses that
the RO-Bihar may suffer to the fullest satisfaction of the RO- Bihar and if the
Contractor/Authorized Service Provider fails to make good the same then the RO-
Bihar shall have the absolute (100%) right to recover the same and or any other
loss sustained, without any restriction or limitation ,together with any other
incidental expenses, costs, and all incidental logistic expenses etc that may be
suffered by the RO- Bihar from the Contractor/Authorized Service Provider and the
Contractor/Authorized Service Provider hereby further confirms and declares that this
Declaration cum Indemnity Bond is irrevocable and shall be final and binding on it /
him heirs, executors, administrators, legal representatives, successors and assigns,
wherever the context applies. Any claims, demands , shall be adjusted against any
amount due and payable to the Contractor/Authorized Service Provider and the RO-
Bihar shall have the right to withhold any amounts due and payable to the
Contractor/Authorized Service Provider , till the settlement of such claims, disputes to
the satisfaction of the RO- Bihar or alternatively make demand sufficient security from
the Contractor/Authorized Service Provider towards discharge of such claims,
obligations etc .

This Declaration cum indemnity bond shall be in accordance with the laws of
India and any dispute between the parties with regard to this Declaration cum
Indemnity Bond shall be resolved through the dispute resolution process
mentioned in the General Conditions of the Contract (GCC).

IN WITNESS WHEREOF, the said Contractor/Authorized Service Provider has hereunto

set their hand the day and year first hereinabove written,

SIGNED SEALED AND DELIVERED

By the within named "CONTRACTOR/AUTHORIZED SERVICE PROVIDER"

(Authorized Signatory)
Rubber Stamp of Firm/RO Bihar
Name:
Designation:
Date

In presence of
Witness
Name & Address of Witness Signature

1………………………………..

2………………………………..

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 Annexure-6
AGREEMENT

For Engagement of Site Engineer, Accountant, Stenographer, Computer

Operator/Office Assistant, Security Guard, Peon & Safaiwala (Part Time) from
Placement/Security Services.

This agreement is made on this ………….. day of ……………….year …………………..between……

…………..Sh. /Smt…………………… S/o, W/o Shri…………………………….aged about years by
occupation, business, a proprietor of Placement Services/Security Services, having office
at and a resident of and be referred as the part of ONE PART AND the REGIONAL
OFFICER/PROJECT DIRECTOR, NHAI, an autonomous body having office
at…………………………. hereunder referred to as "The Party of the second part"

NOW THIS AGREEMENT WITNESSETH and is hereby agreed by and between

hereto as follows :

That the party of the FIRST PART will provide qualified, trained and experienced
manpower services i.e. Site Engineer, Accountant, Stenographer, Computer
Operator/Office Assistant, Security Guard, Peon & Safaiwala (Part Time) from
Placement/Security Services.

That they will be the employees of the First Party and First Party will be
responsible for the payment of their consolidated wages including EPF, ESI and
Bonus etc. which will be reimbursed by the Second Party as per agreed rates.

The consolidated emoluments/minimum wages revised by the Central Government

from time to time or the minimum wages of concerned State Governments, whichever
is higher, shall be paid to the short term contract employees engaged through
outsourcing/placement agencies. All the wages will be consolidated except the agency
charges (which excludes GST, if any) which will be charged over and above this. Tax
at source will be deducted as per prevalent Government rules.

The agreement shall remain valid for twelve month with effect from…………
Month…….. Year. However, the. SECOND Party may at any time
extend of/ terminate this agreement by giving the other party one calendar
months' notice in writing.

5. The Court in the jurisdiction of the Project Office/Regional Office on part of the
Second Party at…………………… shall entertain and try all actions, suits and
proceedings arising out of the agreement.

In witness whereof the parties herein set and subscribe their respective hands,
the day, month and year first above written.

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SIGNED SEALED AND DELIVERED

By the party of the FIRST PART

(Party of the First Part)

1…………………………………………

2…………………………………………

SIGNED SEALED AND DELIVERED

By the party of the SECOND PART

Within named at………….in the presence of (Party of the Second Part)

1……………………………………….

2……………………………………….

Signature Not Verified

Digitally signed by SUBODH CHOUDHARY
Date: 2024.03.15 15:38:40 IST
Location: eProcurement System for Central
PSUs

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