Request For Proposal

For

Providing New Jersey Type Crash barrier along with Anti-Glare Screen on/ in
place of Median on NH-503Ext in km 28/450 to 31/00 & 35/00 to 43/300 (4 lane
portion excluding Municipal Committee area) in the State of Himachal
Pradesh on EPC mode.

(Job No.NH-503 Extn. HP-2021-22- 529 )

on
Engineering, Procurement & Construction
(EPC) Mode

Ministry of Road Transport & Highways

(MoRT&H)

December, 2021

Office of the Chief Engineer (NH)

Himachal Pradesh Public Works Department,
Nigam Vihar Nirman Bhawan,
Shimla-171002.

Page 1 of 78
 TABLE OF CONTENTS
Contents Page No.
S. No.
Notice inviting RFP 4
Disclaimer 6
Glossary 7
1 Introduction 8
1.1 Background 8
1.2 Brief description of Bidding Process 9
1.3 Schedule of Bidding Process 10

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

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

C Preparation and Submission of BIDs 27

2.10 Format and Signing of BID 27
2.11 Documents comprising Technical & financial BID 27
2.12 BID Due Date 29
2.13 Late BIDs 29
2.14 Procedure of e-tendering 29
2.15 Online opening of Bids 30
2.16 Rejection of BIDs 31
2.17 Validity of BIDs 31
2.18 Confidentiality 31
2.19 Correspondence with the Bidder 31

D BID Security 31
2.20 BID Security 31
2.21 Performance Security 32

3 Evaluation of Technical and Opening & Evaluation of financial Bids 33

3.1 Evaluation of Technical BIDs 33
3.2 Opening and Evaluation of financial Bids 34

Page 2 of 78
 3.3 Selection of Bidder 34
3.4 Contacts during BID Evaluation 35
3.5 Correspondence with the Bidder 35
4 Fraud and Corrupt Practices 36
5 Pre-BID Conference 37
6 Miscellaneous 38
Appendices
IA Letter comprising the Technical BID 39
IB Letter comprising the Financial BID 42
II BID Securing Declaration 59
III Format for Power of Attorney for signing of BID 60
IV Format for Power of Attorney for Lead Member of Joint Venture 62
V Format for Joint Bidding Agreement for Joint Venture 64
VI Integrity Pact Format 68
VII Form of Bank Guarantee (For Performance Security) 74
VIII Format of LOA 77

Annexure of Appendix 1A

I Details of Bidder 43
II Technical Capacity of the Bidder (Deleted) 46
III Financial Capacity of the Bidder (Deleted) 48
IV Details of Eligible Project 50
V Statement of legal capacity 53
VI Information required to Evaluate the Bid capacity 54
VII Guidelines of the Department of Disinvestment 56
VIII Details of ongoing Works 5

Page 3 of 78
 GOVERNMENT OF HIMACHAL PARDESH PUBLIC WORKS
DEPARTMENT OFFICE OF THE CHIEF ENGINEER
NATIONAL HIGHWAYS, BLOCK-D, NIRMAN BHAWAN,
NIGAM VIHAR, SHIMLA-171002

Notice Inviting Bid

Bid No. PW-CE-NH-CTR-Tender Notice/EPC-37/2021-___________ Dated: - 21-12-2021

Providing New Jersey Type Crash barrier along with Anti-Glare Screen on in place of Median on/ NH-
503Ext in km 28/450 to 31/00 & 35/00 to 43/300 (4 lane portion excluding Municipal Committee area) in
the State of Himachal Pradesh on EPC mode.

The Ministry of Road Transport & Highways through Chief Engineer NH HPPWD Shimla is
engaged in the development of National Highways and as part of this Endeavour, it has been
decided to undertake Providing New Jersey Type Crash barrier along with Anti-Glare Screen on/
in place of Median on NH-503Ext in km 28/450 to 31/00 & 35/00 to 43/300 (4 lane portion
excluding Municipal Committee area) in the State of Himachal Pradesh on EPC mode through an
Engineering, Procurement and Construction (EPC) Contract.

Himachal Pradesh Public works Department through Chief Engineer NH HPPWD Shimla now
invites bids from eligible contractors for the following project:
Tender Estimated
Name of Completion Maintenance
State NH No. Package Civil Cost Of
Work period Period
No. Project*
Providing New Jersey
Type Crash barrier along
with Anti-Glare Screen
on in place of Median on
NH-503Ext in km 28/450
Himachal 503 to 31/00 & 35/00 to Rs. 5.01
EPC-37 06 Months 05 years
Pradesh Extn. 43/300 (4 lane portion Crores*
excluding Municipal
Committee area) in the
State of Himachal
Pradesh on EPC mode.

The complete BID document can be viewed / downloaded from official portal of
e-procurement portal of MoRT&H (https://eprocure.gov.in/eprocure/app.) from 21-12-2021
(1800 Hrs. IST) to 03-02-2022(upto 1100 Hrs. IST). Bidder must submit its Technical bid &
Financial Bid at (https://eprocure.gov.in/eprocure/app.) and also Technical Bid at
(https://bims.gov.in.) on or before 03-02-2022(upto 1100 Hours IST). It is also mandatory to
submit the Technical Bids on (https://bims.gov.in.). Bids received online shall be opened
on 04-02-2022 (at1130 Hours IST)

*The Estimated Project Cost is the Civil Cost of the work without GST and is used only for Evaluation Purpose. The
bid should be quoted as per BoQ inclusive of GST.

Page 4 of 78
Bid through any other mode shall not be entertained. However, Bid Securing Declaration, document fee
receipt deposited through Bharatkosh / NTRP only, Power of Attorney and Joint Bidding Agreement etc.
shall be submitted physically by the Bidder on or before 04-02-2022 (at 1100 Hours IST), Please note
that the Chief Engineer, NH, HPPWD, Shimla-2 reserves the right to accept or reject all or any of the
BIDs without assigning any reason whatsoever.
.

Officer In-charge
For and on Behalf of Governor of HP
Chief Engineer,
National Highway, Nirman Bhawan
HPPWD, Shimla-171002
Phone/ Fax 0177-2629416
e-mail: [email protected]

Page 5 of 78
 DISCLAIMER
The information contained in this Request for Proposal document (the “RFP”) or subsequently provided
to Bidder(s), whether verbally or in documentary or any other form by or on behalf of the Authority or
any of its employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this
RFP and such other terms and conditions subject to which such information is provided.
This RFP is not an Agreement and is neither an offer nor invitation by the Authority to the
prospective Bidders or any other person. The purpose of this RFP is to provide interested
parties with information that may be useful to them in making their financial offers (BIDs)
pursuant to this RFP. This RFP includes statements, which reflect various assumptions
and assessments arrived at by the Authority in relation to the Project. Such assumptions,
assessments and statements do not purport to contain all the information that each Bidder
may require. This RFP may not be appropriate for all persons, and it is not possible for
the Authority, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each party who reads or uses this RFP. The assumptions,
assessments, statements and information contained in the Bidding Documents, especially
the [Feasibility Report Detailed Project Report], may not be complete, accurate, adequate or correct. Each
Bidder should, therefore, conduct its own investigations and analysis and should check the
accuracy, adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this RFP and obtain independent
advice from appropriate sources.
Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which may
depend upon interpretation of law. The information given is not intended to be an exhaustive account of
statutory requirements and should not be regarded as a complete or authoritative statement of law.
The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on
law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall have no liability to
any person, including any Applicant or Bidder under any law, statute, rules or regulations or tort, principles
of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise
from or be incurred or suffered on account of anything contained in this RFP or otherwise, including
the accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment,
assumption, statement or information contained therein or deemed to form part of this RFP or arising in
any way for participation in this BID Stage.
The Authority also accepts no liability of any nature whether resulting from negligence or otherwise
howsoever caused arising from reliance of any Bidder upon the statements contained in this RFP. The
Authority may in its absolute discretion, but without being under any obligation to do so, update, amend or
supplement the information, assessment or assumptions contained in this RFP.
The issue of this RFP does not imply that the Authority is bound to select a Bidder or to appoint the
Selected Bidder JV or Contractor, as the case may be, for the Project and the Authority reserves the right
to reject all or any of the Bidders or BIDs without assigning any reason whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and submission of its
BID including but not limited to preparation, copying, postage, delivery fees, expenses associated with any
demonstrations or presentations which may be required by the Authority or any other costs incurred in
connection with or relating to its BID. All such costs and expenses will remain with the Bidder and the
Authority shall not be liable in any manner whatsoever for the same or for any other costs or other
expenses incurred by a Bidder in preparation for submission of the BID, regardless of the conduct or
outcome of the Bidding Process.

Page 6 of 78
 GLOSSARY

Agreement As defined in Clause 1.1.4

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

The words and expressions beginning with capital letters and defined in this document shall, unless
repugnant to the context, have the meaning ascribed thereto herein.

7
 HIMACHAL PRADESH
PUBLIC WORKS DEPARTMENT

SECTION 1
INTRODUCTION
1.1 Background

1.1.1 Himachal Pradesh Public Works Department represented by Chief Engineer (NH), PWD,
Shimla, Himachal Pradesh(the “Authority”) is engaged in the development of National Highways and
as part of this endeavour, the Authority has decided to undertake Providing New Jersey Type Crash
barrier along with Anti-Glare Screen on/ in place of Median on NH-503Ext in km 28/450 to 31/00 &
35/00 to 43/300 (4 lane portion excluding Municipal Committee area) in the State of Himachal
Pradesh on EPC mode through Engineering, Procurement and Construction (the “EPC”)
Contract, and has decided to carry out the bidding process for selection of a Bidder to whom the Project
may be awarded. A brief description of the project may be seen in the Information Memorandum of the
Project at the CPPP website https://eprocure.gov.in/eprocure/app. Brief particulars of the Project are as
follows:

No. of Months
Name of the National Length in Estimated Civil Maintenance
for completion
Highway km Cost Of Project* period
of work
Providing New Jersey Type
Crash barrier along with Anti-
Glare Screen on/ in place of
Median on NH-503Ext in km
28/450 to 31/00 & 35/00 to 10.850
Rs. 5.01 Crore* 06 Months 05 year
43/300 (4 lane portion Km
excluding Municipal
Committee area) in the State of
Himachal Pradesh on EPC
mode.
*The Estimated Project Cost is the Civil Cost of the work without GST and is used only for Evaluation Purpose. The
bid should be quoted as per BoQ inclusive of GST.

1.1.2 The selected Bidder (the “Contractor”) shall be responsible for designing, engineering,
procurement and construction of the Project under and in accordance with the provisions of an
engineering, procurement and construction contract (the “EPC Contract”) to be entered into between
the Contractor and the Authority in the form provided by the Authority as part of the Bidding Documents
pursuant hereto. The Contractor shall also be responsible for the maintenance of the project during the
Maintenance Period.The scope of work will broadly include existing carriageway to Providing New
Jersey Type Crash barrier along with Anti-Glare Screen on/ in place of Median on NH-503Ext in
km 28/450 to 31/00 & 35/00 to 43/300 (4 lane portion excluding Municipal Committee area) in the
State of Himachal Pradesh on EPC mode standards with construction of new pavement, rehabilitation
of existing pavement, culverts, road intersections, interchanges, drains, etc. and maintenance of the
Project during the Maintenance Period, which shall be 05 years.

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

1.1.4 The Agreement sets forth the detailed terms and conditions for award of the project to the
Contractor, including the scope of the Contractor’s services and obligations.
8
1.1.5 The Authority shall receive BIDs pursuant to this RFP in accordance with the terms set forth
in this RFP and other documents to be provided by the Authority pursuant to this RFP
(collectively the "Bidding Documents"), and all BIDs shall be prepared and submitted in
accordance with such terms on or before the BID due date specified in Clause 1.3 for
submission of BIDs (the “BID Due Date”).

1.2 Brief description of Bidding Process

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

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

1.2.3 The complete Bidding Documents including the draft Agreement for the Project is enclosed for
the Bidders. The Feasibility Report / Detailed Project Report prepared by the Authority/
consultants of the Authority (the "Feasibility Report/Detailed Project Report") is also
enclosed. The Feasibility Report / Detailed Project Report of the Project is being provided
only as a preliminary reference document by way of assistance to the Bidders who are expected
to carry out their own surveys, investigations and other detailed examination of the Project before
submitting their Bids. Nothing contained in the Feasibility Report/Detailed Project Report shall
be binding on the Authority nor confer any right on the Bidders, and the Authority shall have
no liability whatsoever in relation to or arising out of any or all contents of the Feasibility
Report/Detailed Project Report. The aforesaid documents and any addenda issued subsequent
to this RFP Document, will be deemed to form part of the Bidding Documents.
1.2.4 A Bidder is required to submit, along with its BID, a BID Security declaration. The
bidder shall also submit document fee e-receipt deposited through Bharatkosh / NTRP only
for Rs.10000/-(Rs. Ten Thousand only) only in favour of “ Regional Pay & Accounts
Officer, Ministry of Road Transport & Highways, Chandigarh payable at Chandigarh.

1.2.5 Bidders are advised to examine the Project in greater detail, and to carry out, at their cost, such
studies as may be required for submitting their respective BIDs for award of the contract
including implementation of the Project.

1.2.6 BIDs will be evaluated for the Project on the basis of the lowest cost required by a Bidder for
implementing the Project (the "BID Price"). The total time allowed for completion of construction
under the Agreement (the “Construction Period”) and the period during which the Contractor shall
be liable for maintenance and rectification of any defect or deficiency in the Project after
completion of the Construction Period (the “Maintenance Period”) shall be pre-determined, and
are specified in the draft Agreement forming part of the Bidding Documents.
9
 In this RFP, the term “Lowest Bidder” shall mean the Bidder who is quoting the
lowest BID price.

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

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

1.2.9 Any queries or request for additional information concerning this RFP shall be
submitted by e-mail to the officer designated in Clause 2.11.4 below with
identification/ title: "Queries / Request for Additional Information: RFP for “Providing New
Jersey Type Crash barrier along with Anti-Glare Screen on /in place of Median on NH-503Ext in
km 28/450 to 31/00 & 35/00 to 43/300 (4 lane portion excluding Municipal Committee area) in the
State of Himachal Pradesh on EPC mode”.

1.3 Schedule of Bidding Process

The Authority shall endeavour to adhere to the following schedule:

Sr. No. Event Description Date
1. Invitation of RFP (NIT) 21-12-2021 at 1800 Hrs
2. Last date for receiving queries 14-01-2022 at 1400 Hrs
3. Pre-BID meeting at venue 2.11.4 (i) 14-01-2022 at 1430 Hrs
4. Authority response to queries latest by 15-01-2022 at 1100 Hrs

5. Bid submission Start date 15-01-2022 at 1100 Hrs

6. Last date of Request for BID Document 03-02-2022 at 1100 Hrs

7. BID Due Date 03-02-2022 at 1100 Hrs

Physical Submission of Bid Securing Declaration/POA 04-02-2022 at 1100 Hrs

8.
etc

9. Opening of Technical BIDs at venue 2.11.4 (i) 04-02-2022 at 1130 Hrs.

10. Declaration of eligible / qualified Bidders 11-02-2022

11. Opening of Financial BID 18-02-2022
12. Letter of Acceptance (LOA) 25-02-2022
13. Return of signed duplicate copy of LOA 01-03-2022
Validity of BID 120 days from BID Due Date
14.
(i.e.03-05-2022)
Submission of Performance Security (PS) and Within 30 days of receipt of
15.
LOA.
Additional Performance Security (APS), if (The bidder has the option to
any provide 50% of PS and APS,
if any
within 30 days of receipt of
LOA
and the remaining PS and
APS, if
any to be provided within 30

10
 days
of signing of agreement)
Signing of Agreement Within 10 days from the
16.
receipt of
50% of Performance Security
and
50% of Additional
Performance

Note: All the interested bidders are requested to go through the contents of uploaded
RFP and Draft Contract agreement. The queries (if any) related to tender, may be
submitted through e-mail before the Pre- bid meeting.

11
 SECTION-2
INSTRUCTIONS TO BIDDERS

A. GENERAL
2.1. General terms of Bidding

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

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

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

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

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

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

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

2.1.7 Any condition or qualification or any other stipulation contained in the BID shall
render the BID liable to rejection as a non-responsive BID.
12
 2.1.8 The BID and all communications in relation to or concerning the Bidding
Documents and the BID shall be in English language.

2.1.9 This RFP is not transferable.

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

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

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

(b) subject to the provisions of clause (a) above, the Bid should contain the information
required for each Member of the Joint Venture;
(c) Members of the Joint Venture shall nominate one member as the lead member (the
“Lead Member”). Lead Member shall met at least 60% requirement of Bid Capacity,
Technical and Financial Capacity, required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3.
The nomination(s) shall be supported by a Power of Attorney, as per the format at
Appendix-III, signed by all the other Members of the Joint Venture. Other Member(s)
shall meet at least 20% requirement of Bid Capacity, Technical and Financial Capacity
required as per Clause 2.2.2.1, 2.2.2.2(i) & 2.2.2.3 and the JV as a whole shall
cumulatively/collectively fulfil the 100% requirement;
(d) the Bid should include a brief description of the roles and responsibilities of individual
members, particularly with reference to financial, technical and Maintenance obligations;
(e) the Lead Member shall itself undertake and perform at least 51(fifty one) per cent of the
total length of the Project Highway,

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

(i) convey the commitment(s) of the Lead Member in accordance with this RFP, in
case the contract to undertake the Project is awarded to the Joint Venture; and
clearly outline the proposed roles & responsibilities, if any, of each member;
(ii) commit the approximate share of work to be undertaken by each member
conforming to sub-clause 2.1.11 (e) mentioned above;
(iii) include a statement to the effect that all members of the Joint Venture shall be
liable jointly and severally for all obligations of the Contractor in relation to the
Project until the Maintenance Period is achieved in accordance with the EPC
Contract; and
(g) Except as provided under this RFP, there shall not be any amendment to the Jt. Bidding
Agreement.

(h) No Joint Venture up to Estimate Project Cost of Rs. 100 crores (One Hundred Crores).
However Joint Venture for any Estimated Project Cost is permissible in case of
maintenance works to be taken up on EPC mode.

2.1.12 While bidding is open to persons from any country, the following provisions shall apply:

13
 (a) Where, on the date of the Application, not less than 50% (fifty percent) of the aggregate
issued, subscribed and paid up equity share capital in the L-1 Bidder or its Member is held by
persons resident outside India or where a Bidder or its Member is controlled by persons
resident outside India, then the eligibility and award of the project to such L-1 Bidder shall be
subject to approval of the competent authority from national security and public interest
perspective as per the instructions of the Government of India applicable at such time. The
decision of the authority in this behalf shall be final and conclusive and binding on the Bidder.

(b) Further, where the LoA of a project has been issued to an agency, not covered under the
category mentioned above, and it subsequently wishes to transfer its share capital in favour of
another entity who is a resident outside India or where a Bidder or its Member is controlled by
persons resident outside India and thereby the equity capital of the transferee entity exceeds
50% or above, any such transfer of equity capital shall be with the prior approval of the
competent authority from national security and public interest perspective as per the
instructions of the Government of India applicable at such point in time.
(2) The holding or acquisition of equity control, as above shall include direct or indirect
holding, acquisition, including by transfer of the direct or indirect legal or beneficial ownership
or control, by persons acting for themselves or in concert and in determining such holding or
acquisition, the Authority shall be guided by the principles, precedents and definitions
contained in the Securities and Exchange Board of India (Substantial Acquisition of Shares
and Takeovers) Regulations, 2011, or any substitute thereof, as in force on the date of such
acquisition.
(3) The Bidder shall promptly inform the authority of any change in the shareholding, as
above, and failure to do so shall render the Bidder liable for disqualification from the Bidding
process.
(4) In case the L-1 Applicant under (a) above is denied the security clearance, for
whatsoever reasons, then the applicants emerging as L-2, L-3 eligible Bidders (in that order)
may be given a counter-offer (one by one sequentially) to match the bid of L-1
applicant/preferred Bidder. In the event of acceptance of the counter-offer by another eligible
Bidder, the project may be awarded to such Bidder. In case no applicant matches the bid of
the L-1 applicant, the bid process shall be annulled and fresh bids invited.
2.1.13 Notwithstanding anything to the contrary contained herein, in the event that the Bid Due Date
falls within three months of the closing of the latest financial year of a Bidder, it shall ignore
such financial year for the purposes of its Bid and furnish all its information and certification
with reference to the 5 (five) years or 1 (one) year, as the case may be, preceding its latest
financial year. For the avoidance of doubt, financial year shall, for the purposes of a Bid
hereunder, mean the accounting year followed by the Bidder in the course of its normal
business.

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

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

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

14
 (iii) Physical progress on any project is not commensurate with the funds released
(equity+debt+grant) from the escrow account and such variation is more than 25% in
last one year as observed by the Independent Engineer in one or more projects;

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

(v) Fails to fulfil its obligations to maintain a highway in a satisfactory condition inspite of
two rectification notices issued in this behalf;

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

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

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

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

(ix) Fails to achieve financial closure in two or more projects within the given or extended
period (which shall not be more than six months in any case).

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

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

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

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

(xiii) Has been expelled or the contract terminated by the Ministry of Road Transport &
Highways or its implementing agencies for breach by such Bidder, including individual
or any of its Joint Venture Member; Provided that any such decision of expulsion or
termination of contract leading to debarring of the Bidder from further participation in
bids for the prescribed period should have been ordered after affording an opportunity
of hearing to such party.

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

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

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

(ii) details of updated on-going process of blacklisting if so, under any contract with Authority /
Government; and
15
(iii) details of all their on-going projects in the format at Annexure-VIII of Appendix IA (Ref Clause 10.3
(iv) of Draft EPC Agreement).
The Authority reserves the right to reject an otherwise eligible Bidder on the basis of the information
provided under this clause 2.1.14. The decision of the Authority in this case shall be final.

2.2. Eligibility and qualification requirements of Bidder

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

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

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

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

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

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

16
 grant, concessional loan or subordinated debt to any other Bidder, its Member or any of
its Joint Venture Member thereof; or

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

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

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

2.2.2 Qualification requirements of Bidders:

2.2.2.1 BID Capacity

Bidders who interalia meet the minimum qualification criteria will be qualified only if their
available BID capacity is more than the total BID value (value as per Clause 1.1.1). The
available BID capacity will be calculated as per following, based on information mentioned at
Annexure-VI of Appendix-IA:

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

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

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

B= Value (updated to the price level of the year indicated in table at Note-3 below) of
existing commitments, works for which Appointed Date/ Commencement Date has
been declared or on-going works to be completed during the period of completion of
the works for which BID is invited. For the sake of clarification, it is mentioned that
works for which LOA has been issued but Appointed Date/ Commencement Date not
declared as on Bid Due Date shall not be considered while calculating value of B.

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

Note:

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

17
 2. The amount of bonus received, if any, in EPC Projects should be countersigned by the
Client or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in
respect of EPC Projects.

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

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.2 Technical Capacity

(i) For demonstrating technical capacity and experience (the “Technical Capacity”),
the Bidder shall, over the past 5 (five) financial years preceding the Bid Due Date,
have received payments for construction of Eligible Project(s), or has undertaken
construction works by itself in a PPP project, such that the sum total thereof, as
further adjusted in accordance with clause 2.2.2.5 (i) & (ii), is more Rs. 3.76 Crore
only (Rs. Three Crore Seventy six lacs) only (the “Threshold Technical
Capacity i.e. 75% of Estimated Civil Cost”).

(ii) For normal Highway projects (including Major Bridges/ROB/Flyovers/Tunnels):

a) Provided that at least one similar work of 20% of Estimated Project Cost
i.e. Rs. 1.00 Crore only (Rs. One Crore only) shall have been completed
from the Eligible Projects in Category 1 and/or Category 3 specified in
Clause 2.2.2.5. For this purpose, a project shall be considered to be
completed, if more than 90% of the value of work has been completed
and such completed value of work is equal to or more than 20% of the
estimated project cost. If any Major Bridge is (are) part of the project, then
the sole Bidder or in case the Bidder being a Joint Venture, any member of
Joint Venture shall necessarily demonstrate additional experience in
construction of Major Bridge in the last 10 (Ten) financial years preceding the
Bid Due Date i.e. shall have completed at least one similar Major Bridge
having span equal to or greater than:-
a) In case, longest span of Bridges/ROB/Flyovers is less than or equal
to 60m, no additional qualification is required.
b) When longest span is more than 60 m: 50% of the longest span or
100m, whichever is less, of the structure proposed in project
and in case of tunnel, if any, shall have completed construction of at least
one tunnel consisting of single or twin tubes(including tunnel(s)for
roads/Railway/Metrorail/irrigation/hydro-electric projects etc.) having at
least
a) In case tunnel is a part of project having length less than or equal to
200m, then no additional qualification is required.
b) When length of tunnel more than 200m : 50% of the cross sectional
area of proposed tunnel or two lane highway tunnel cross-sectional
area, whichever is less and 20% length of the tunnel to be constructed
in this project or 2 km, whichever is less.

(iii) For Stand-alone specialized projects:

(a) Major Bridges/ROB/Flyovers projects:

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

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

(b) Tunnel project: The sole Bidder or in case the Bidder being a Joint Venture, any
member of Joint Venture shall have completed at least one tunnel project in the last
10 (Ten) financial years preceding the Bid Due Date, consisting of single or twin tubes
(including tunnel(s) for roads/Railway/Metro rail/irrigation/hydro-electric projects etc.)
having at least 50% of the cross-sectional area of the tunnel to be constructed ot
cross sectional area of 2-Lane Highway tunnel, whichever is less, and 20% length of
the tunnel to be constructed in this project or 2.00 Km, whichever is less and the cost
of such project shall be atleast 20% of the Estimated Project Cost or Rs1000 Crores,
whichever is less. For this purpose, a project shall be considered to be completed, if
more than 90% of the value of work has been completed and such completed value of
work is equal to or more than 20% of the Estimated Project Cost or Rs1000 Crores,
whichever is less.

2.2.2.3 Financial Capacity:

(i) The Bidder shall have a minimum Net Worth i.e. 5% of Estimated Civil Cost (the
“Financial Capacity”) of Rs. 0.25 Crore only (Rupees Twenty Five Lacs only) at the
close of the preceding financial year.

(ii) The Bidder shall have a minimum Average Annual Turnover i.e. 15% of Estimated
Civil Cost (updated to the price level of the year based on factors indicated in table below)
of Rs. 0.75 Crore only (Rs. Seventy Five Lacs only ) for the last 5 (five) financial years.

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

Up-dation factor 1.00 1.05 1.10 1.15 1.20

2.2.2.4 In case of a Joint Venture:

(i) The Bid Capacity, Technical Capacity and Financial Capacity of all the Members of
Joint Venture would be taken into account for satisfying the above conditions of
eligibility. Further, Lead Member shall meet at least 60% requirement of Bid Capacity,
Technical and Financial Capacity as per Clause 2.2.2.1, 2.2.2.2(i) and 2.2.2.3 and
19
 each of other JV members shall meet at least 20% requirement of Bid Capacity,
Technical and Financial Capacity individually as per Clause 2.2.2.1, 2.2.2.2(i) and
2.2.2.3. For avoidance of doubt it is further clarified that the Joint Venture must
collectively and individually satisfy the above qualification criteriai.e. JV shall
cumulatively/collectively fulfill the 100% requirement.

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

2.2.2.5 Categories and factors for evaluation of Technical Capacity:

(i) Subject to the provisions of Clause 2.2.2 the following categories of experience would qualify as
Technical Capacity and eligible experience (the "Eligible Experience") in relation to eligible
projects as stipulated in Clauses 2.2.2.6 (i) & (ii) (the "Eligible Projects"). In case the Bidder has
experience across different categories, the experience for each category would be computed as per
weight of following factors to arrive at its aggregated Eligible Experience:

Category Project / Construction experience on Eligible Projects Factors

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

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

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

(iii) For the purpose of this RFP:

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

tunnels and airfields; and
(b) core sector would be deemed to include civil construction cost of ports, power
sector, commercial setups (SEZs etc.), airports, railways, metro rail, industrial
parks/ estates, logistic parks, pipelines, irrigation, water supply, sewerage,
irrigation, water supply, stadium, hospitals, hotel, smart city, warehouses/Silos,
oil and gas and real estate development.

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

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

(II) Maintenance works are not considered as eligible project for evaluation as per
Instruction No.6 to Annex-IV. As such works with nomenclature like PR, OR,
FDR,SR, site/micro grading, surface renewal, resurfacing work, Tarring, B.T.
20
 surface work, temporary restoration, urgent works, periodic maintenance, repair
& rehabilitation, one time maintenance, permanent protection work of bank,
external pre stressing, repair of central hinge, short term OMT contract of NHAI,
any type of work related to border fencing, work of earthwork alone, construction
of buildings/ hostels/hospitals, etc, or not specified, shall not be considered.
However, such maintenance works shall be considered as eligible projects in
case of Maintenance works to be taken up on EPC mode.

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

(IV) Project in Highway sector shall constitute the following for the purpose of
consideration under category l or 3 as applicable, if:

(i) Widening / reconstruction / up-gradation works on NH / SH or on any

category of road taken up under CRF, ISC/ El, SARDP, LWE
(ii) Widening/ re-construction/up-gradation works on MDRs with loan
assistance from multilateral agencies or on BOT basis,
(iii) Widening/ reconstruction / up-gradation work of roads in Municipal
corporation limits, construction of Bypasses,
(iv) Construction of stand- alone bridges, ROBs, tunnels w.r.t roads.
(v) Long term OMT works of NHAI/MoRT&H.

(V) The projects with the title of RIDF, PMGSY road, link road, city roads, rural
road, sector/ municipality road, Bridges for railway line, work of metro rails
(bridges/ tunnel), real estate projects which demonstrate road
development/construction bridges or culverts may be considered under
category — 4.

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

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

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

(a) It should have been undertaken as a PPP project on BOT, BOLT, BOO, BOOT or
other similar basis for providing its output or services to a public sector entity or
for providing non-discriminatory access to users in pursuance of its charter,
concession or contract, as the case may be. For the avoidance of doubt, a project
which constitutes a natural monopoly such as an airport or port should normally
be included in this category even if it is not based on a long-term agreement with
a public entity;
(b) the entity claiming experience should have held, in the company owning the
Eligible Project, a minimum of 26% (twenty six per cent) equity during the entire
year for which Eligible Experience is being claimed;
(c) the capital cost of the project should be more than 5% of the amount specified as
the Estimated Project Cost; and

21
 (d) the entity claiming experience shall, during the last 5 (five) financial years
preceding the Bid Due Date, have itself undertaken the construction of the project
for an amount equal to at least one half of the Project Cost of eligible projects,
excluding any part of the project for which any contractor, sub-contractor or other
agent was appointed for the purposes of construction.

(ii) For a project to qualify as an Eligible Project under Categories 3 and 4, the Bidder
should have received payments from its client(s) for construction works executed, fully
or partially,or work executed and certified by the Engineer-in-charge/Independent
Engineer/Authority’s Engineer during the 5 (five) financial years immediately preceding
the Bid Due Date, and only the amounts (gross) actually received/ work executed,
during such 5 (five) financial years shall qualify for purposes of computing the
Experience Score. However, receipts of or work executed amount less than Rs. 0.25
Crore only (Rupees Twenty Five Lacs only) i.e. 5% of Estimated Civil Cost shall
not be reckoned as receipts for Eligible Projects. For the avoidance of doubt,
construction works shall not include supply of goods or equipment except when such
goods or equipment form part of a turn-key construction contract / EPC contract for the
project. Further, the cost of land and also cost towards pre-construction activities (like
shifting of utilities etc.) shall not be included hereunder.

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

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

2.2.2.7 Submission in support of Technical Capacity

(i) The bidder should furnish the detail of eligible experience for 5 (Five) Financial years
immediately preceding the bid due date.
(ii) The bidder must provide the necessary information relating to technical capacity as per
format-A Annexure-II of Appendix-I A.
(iii) The Bidder should furnish the required project- specific information and evidence in
support of its claim of technical capacity as per format at Annexure-IV of Appendix-IA

2.2.2.8 Submission in support of Financial capacity

(i) The Technical bid must be accompanied by the audited annual reports of the bidder (of
each member in case of a joint venture) for the last 5 (five) financial years preceding the
year in which the bid is submitted.
(ii) In case the annual accounts for the latest financial year are not audited and therefore
the Bidder cannot make it available, the Bidder shall give an undertaking to this effect
and the statutory auditor shall certify the same. In such a case, the Bidder shall provide
the Audited Annual Reports for 5 (five) years preceding the year for which the Audited
Annual Report is not being provided.

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

22
2.2.2.9 The Bidder shall enclose with its technical bid to be submitted as per the format at Appendix-
IA, complete with its Annexes, the following:
(i) Certificate(s) from its statutory auditors$ or the concerned client(s) stating the payments
received or in case of a PPP project, the construction carried out by itself, during the
past 5 years, in respect of the Eligible Projects. In case a particular job/ contract has
been jointly executed by the Bidder (as part of a Joint Venture), it should further support
its claim for the payments received or construction carried out by itself in PPP Projects
as applicable the share in work done for that particular job/ contract by producing a
certificate from its statutory auditor or the client; and
(ii) Certificate(s) from its statutory auditors specifying the net worth of the Bidder, as at the
close of the preceding financial year, and also specifying that the methodology adopted
for calculating such net worth conforms to the provisions of this Clause 2.2.2.9 (ii). For
the purposes of this RFP, net worth (the “Net Worth”) shall mean the aggregate value
of the paid-up share capital and all reserves created out of the profits and securities
premium account, after deducting the aggregate value of the accumulated losses,
deferred expenditure and miscellaneous expenditure not written off, as per the audited
balance sheet, but does not include reserves created out of revaluation of assets, write-
back of depreciation and amalgamation.
2.2.2.10 Deleted.
2.3 Proprietary data
All documents and other information supplied by the Authority or submitted by a Bidder to the
Authority shall remain or become the property of the Authority and are transmitted to the
Bidders solely for the purpose of preparation and the submission of a BID in accordance
herewith. Bidders are to treat all information as strictly confidential and shall not use it for any
purpose other than for preparation and submission of their Bid. The provisions of this Clause 2.3
shall also apply mutatis mutandis to BIDs and all other documents submitted by the Bidders,
and the Authority will not return to the Bidders any BID, document or any information provided
along therewith.
2.4 Cost of Bidding
The Bidders shall be responsible for all of the costs associated with the preparation of
their BIDs and their participation in the Bidding Process. The Authority will not be
responsible or in any way liable for such costs, regardless of the conduct or outcome of the
Bidding Process.

2.5 Site visit and verification of information

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

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

(a) Made a complete and careful examination of the Bidding Documents, Schedules annexed to
EPC agreement Document;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information provided in the
$
In case duly certified audited annual financial statements containing explicitly the requisite details are provided,
a separate certification by statutory auditors would not be necessary in respect of Clause 2.2.2.9 (i). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Applicant may provide the certificates required under this RFP.

23
 Bidding Documents or furnished by or on behalf of the Authority relating to any of the
matters referred to in Clause 2.5.1 above. No claim shall be admissible at any stage on this
account.
(d) satisfied itself about all matters, things and information including matters
referred to in Clause 2.5.1 hereinabove necessary and required for submitting an
informed BID, execution of the Project in accordance with the Bidding Documents and
performance of all of its obligations there under;
(e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of
information provided in the Bidding Documents or ignorance of any of the matters
referred to in Clause 2.5.1 hereinabove shall not be a basis for any claim for
compensation, damages, extension of time for performance of its obligations, loss of
profits etc. from the Authority, or a ground for termination of the Agreement by the
Contractor;
(f) acknowledged that it does not have a Conflict of Interest; and
(g) agreed to be bound by the undertakings provided by it under and in terms hereof.

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

2.6 Verification and Disqualification

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

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

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

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

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

2.6.3 In case it is found during the evaluation or at any time before signing of the
Agreement or after its execution and during the period of Maintenance subsistence thereof, that
one or more of the eligibility and /or qualification requirements have not been met by the Bidder,
or the Bidder has made material misrepresentation or has given any materially incorrect or false
information, the Bidder shall be disqualified forthwith if not yet appointed as the contractor either
by issue of the LOA or entering into of the Agreement, and if the Selected Bidder has
already been issued the LOA or has entered into the Agreement, as the case may be, the same
shall, notwithstanding anything to the contrary contained therein or in this RFP, be liable to be
terminated, by a communication in writing by the Authority to the Selected Bidder or the
Contractor, as the case may be, without the Authority being liable in any manner whatsoever to
the Selected Bidder or the Contractor. In such an event, the Authority shall be entitled to forfeit
and appropriate the BID Security or Performance Security, as the case may be, as
Damages, without prejudice to any other right or remedy that may be available to the
24
 Authority under the Bidding Documents and / or the Agreement, or otherwise.

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

25
B. DOCUMENTS

2.7 Contents of the RFP

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

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

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

Part –II
Agreement Document with schedules

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

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

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

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

26
2.8.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations & clarifications to all Bidders. All clarifications &
interpretations issued by the Authority shall be deemed to be part of the Bidding
Documents. Verbal clarifications and information given by Authority or its
employees or representatives shall not in any way or manner be binding on the
Authority.

2.9 Amendment of RFP

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

2.9.2 Any Addendum issued hereunder will be hosted on the MoRTH’s website (www.morth.nic.in)
MORTH’s e-Tendering portal (https://morth.eproc.in ).

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

27
C. PREPARATION AND SUBMISSION OF BIDS

2.10 Format and Signing of BID

2.10.1 The Bidder shall provide all the information sought under this RFP. The Authority will evaluate
only those BIDs that are received online in the required formats and complete in all respects and
Bid Security, Demand Draft towards payment of cost of Bid document, POA and Joint Bidding
Agreement etc. are received in hard copies.

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

2.11 Documents comprising Technical and Financial BID

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

The Bidder shall then apply for the RFP on the CPPP website
https://eprocure.gov.in/eprocure/app by submitting the documents mentioned below along with
the supporting documents which shall comprise of the Technical BID on the CPPP portal. It is
also mandatory to submit the Technical Bids on (https://bims.gov.in.).

Technical Bid
(a) Appendix-IA (Letter comprising the Technical Bid) including Annexure I-VI nd supporting
certificates / documents.
(b) Power of Attorney for signing the BID as per the format at Appendix-III;
(c) if applicable, Power of Attorney for Lead Member of Joint Venture as per the format at
Appendix-IV;
(d) if applicable, Joint Bidding Agreement for Joint Venture as per the format at Appendix-V;
(e) Deleted
(f) BID Securing Declaration in the format at Appendix-II in accordance with Clause 2.20 of
the RFP.
(g) Copy of document fee e-receipt deposited through Bharatkosh / NTRP only for
Rs.10000/-(Ten thousand only) only in favour of “ Regional Pay & Accounts
Officer, Ministry of Road Transport & Highways, Chandigarh payable at
Chandigarh towards cost of Bid document.;

(h) Deleted;
(i) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016 and its subsequent
amendments if any, issued by MoRT&H (Appendix-VI) regarding Integrity Pact (IP)
and the Integrity Pact (IP) duly signed by Authorised signatory shall be submitted by
the Bidder with the RFP Bid & shall be part of the Contract Agreement;
(j) An undertaking from the person having PoA referred to in Sub. Clause-(b) above that
they agree and abide by the Bid documents uploaded by MoRT&H and amendments
uploaded, if any; and
(k) Annexure-VIII of Appendix – IA showing details of all ongoing project works (Ref Clause
10.3 (iv) of Draft EPC Agreement).

28
 (l) copy of Memorandum and Articles of Association, if the Bidder is a body corporate, and
if a partnership then a copy of its partnership deed.
(m) Copies of duly audited complete annual accounts of the Bidder or of each member (in
case of Joint Venture) for preceding 5 years.

Financial Bid
(n) Appendix-IB (Letter comprising the Financial Bid) shall be submitted online through e-
procurement portal https://eprocure.gov.in/eprocure/app on or before 03-02-2022
Hrs IST on 1100 Hours.

2.11.2 The Bidder shall submit the following documents physically:

(a) Original Power of Attorney for signing the BID as per format at Appendix-III;
(b) if applicable, Original Power of Attorney for Lead Member of Joint Venture as per the
format at Appendix-IV;
(c) if applicable, Original Joint Bidding Agreement for Joint Venture as per the format at
Appendix-V;
(d) BID Securing Declaration in the format at Appendix-II in accordance with Clause 2.20 of
the RFP.;
(e) Copy of document fee e-receipt deposited through Bharatkosh / NTRP only for
Rs.10000/-(Ten thousand only) only in favour of “ Regional Pay & Accounts
Officer, Ministry of Road Transport & Highways, Chandigarh payable at
Chandigarh towards payment of cost of Bid Document.;.
(f) Deleted;
(g) Bidder shall comply with the provisions of Office Memorandum No. RW/NH-
37010/4/2010/PIC-EAP(Printing) dated 22.02.2016and its subsequent amendments if
any issued by MoRT&H (Appendix-VI) regarding Integrity Pact (IP) and the Integrity
Pact (IP)duly signed by Authorised signatory shall be submitted by the Bidder with the
RFP Bid& shall be part of the Contract Agreement; and
(h) An undertaking from the person having PoA referred to in Sub. Clause-(a) above that
they agree and abide by the Bid documents uploaded by MoRT&H / HPPWD and
amendments uploaded, if any
2.11.3 The documents listed at clause 2.11.2 shall be placed in an envelope, which shall be
sealed. The envelope shall clearly bear the identification “Providing New Jersey
Type Crash barrier along with Anti-Glare Screen on/ in place of Median on NH-
503Ext in km 28/450 to 31/00 & 35/00 to 43/300 (4 lane portion excluding
Municipal Committee area) in the State of Himachal Pradesh on EPC mode” and
shall clearly indicate the name and address of the Bidder. In addition, the BID Due
Date should be indicated on the right hand top corner of the envelope.
2.11.4 The envelope shall be addressed to one of the following officer and shall be submitted at
the respective address:
(i) ATTN. OF: Er. Pawan Kumar Sharma
DESIGNATION Chief Engineer, NH, HPPWD
ADDRESS: Nigam Vihar Shimla-171002
PHONE NO: 0177-2629416
FAX NO: 0177-2629416
E-MAIL ADDRESS [email protected]

2.11.5 If the envelope is not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the BID submitted and consequent losses, if any, suffered by the
Bidder.

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

2.12 BID Due Date

Financial BID comprising of the documents listed at clause 2.11.1 of the RFP shall be
submitted online through e-procurement website https://eprocure.gov.in/eprocure/app.
on or before 03-02-2022 at 1100 Hours IST. Documents listed at clause 2.11.2 of the
RFP shall be physically submitted on or before 04-02-2022 at 1100 Hours IST at the
address provided in Clause 2.11.4 in the manner and form as detailed in this RFP. A receipt
thereof should be obtained from the person specified at Clause 2.11.4.

2.13 Late BIDs

E-procurement portal https://eprocure.gov.in/eprocure/appshall not allow submission of any

Bid after the prescribed date and time at clause 2.12. Physical receipt of documents listed
at clause 2.11.2 of the RFP after the prescribed date and time at clause 2.12 shall not be
considered and the bid shall be summarily rejected.

2.14 Procedure for e-tendering

2.14.1 Accessing/ Purchasing of BID documents

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

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

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

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

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

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

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

2.14.1.4 The complete BID document can be viewed / downloaded by the Bidder from e-procurement
portal https://eprocure.gov.in/eprocure/app 21-12-2021 (1800 Hrs. IST) to 03-02-2022
(upto 1100 Hrs. IST).

30
2.14.1.5 Deleted.

2.14.2 Preparation & Submission of BIDs:

2.14.2.1 The Bidder may be submitted his Bid online following the instruction appearing on the
screen. The detailed guidelines for e-procurement is also available on e-procurement portal.

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

2.14.2.3 Bid must be submitted online only through e-procurement portal

https://eprocure.gov.in/eprocure/app and Technical Bid at (https://bims.gov.in.) which
is mandatory, using the digital signature of authorized representative of the Bidder on or
before 03-02-2022 (upto 1100 hours IST). The Bidder must submit the documents
physically as per Cl. 2.11.2 on or before the due date.

2.14.3 Modifications/ Substitution/ withdrawal of BIDs

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

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

2.15 Online Opening of BIDs.

2.15.1 Opening of BIDs will be done through online process.

2.15.2 The Chief Engineer, NH, Himachal Pradesh Public Works Department (HPPWD) shall
online open Technical BIDs on 04-02-2022 at 1130 Hours IST, in the presence of the
authorized representatives of the Bidders, who choose to attend. Technical BID of only those
Bidders shall be online opened whose documents listed at clause 2.11.2 of the RFP have been
physically received The MoRT&H / NHAI/NHIDCL will subsequently examine and evaluate the
BIDs in accordance with the provisions of Section 3 of RFP.

2.16 Rejection of BIDs

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

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

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2.17 Validity of BIDs

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

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

2.19 Correspondence with the Bidder

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

D. BID SECURITY

2.20 BID Securing Declaration

The bidder has to sign a bid securing declaration accepting that if the bidder withdraw or
modify its bid during the period of validity i.e. not less than 180 days (one hundred eighty)
form the bid due date or if the bidder is awarded the contract and fail to sign the contract or to
submit the performance security before the deadline defined in the request of bid document,
the bidder will be suspended for participation in the tendering process for the works of
MORTH/NHAI/NHIDCL and works under other Centrally Sponsored Schemes, for a period of
one year from the bid due date of this work. The bid securing declaration shall be submitted
as per the format at Appendix-II (format for bid securing declaration)”.

2.21 Performance Security*

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

(i) If the Bid Price offered by the Selected Bidder is lower than 10% but upto 20% of the
estimated Project Cost, then the Additional Performance Security shall be calculated
@20% of the difference in the (i) Estimated Project Cost (as mentioned in RFP)-10% of
the Estimated Project Cost and (ii) the Bid Price offered by the selected Bidder.
32
 (ii) If the Bid Price offered by the Selected Bidder is lower than 20% of the Estimated
Project Cost, then the Additional Performance Security shall be calculated @ 30% of
the difference in the (i) Estimated Project Cost (as mentioned in RFP)-10% of the
Estimated Project Cost and (ii) the Bid Price offered by the Selected Bidder.

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

Security.

2.21.2 The Performance Security shall be valid until 60(sixty) days after the Defects Liability
Period.

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

2.21.4 In the event the Selected Bidder fails to provide the remaining Performance Security as
prescribed herein, it may seek extension of time for a further period upto 60 days by paying
the Damages upfront along with the request letter seeking the extension. The Damages
shall be the sum calculated at the rate of 0.01% (zero point zero one per cent) of the Bid
Price offered by the Selected Bidder for each day until the Performance Security is
provided in full as prescribed herein. The damages at full rate as given above shall be
applicable even if a part of the Performance Security is provided.

2.21.5 for avoidance of any doubt, in case of failure of submission of performance security within
the additional 60 days’ the time period, the award shall be deemed to be
cancelled/withdrawn and bidder will be suspended for participation in tendering process for
the works of MORTH/NHAI/NHIDCL and works under other Centrally Sponsored Schemes,
for a period of one year form the bid due date of this work as per clause 2.20 and
Appendix-II of the RFP thereupon all rights, privileges, claims and entitlements of the
contractor under or arising out of the Award shall be deemed to have been waived by, and
to have ceased with the concurrence of the contractor, and the Award shall be deemed to
have been withdrawn by the Authority.

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

*NOTE Additional Performance Security in case of Abnormally Low Bids (ALBs) shall
be governed by Ministry of Road Transport and Highways Circular No. F.No.G-
20016/01/2020-TF-11 dated 17th November, 2020.

33
 SECTION-3

EVALUATION OF TECHNICAL BIDS AND OPENING & EVALUATION OF FINANCIAL BIDS

3.1 Evaluation of Technical Bids

3.1.1 The Authority shall open the BIDs received online on 04-02-2022 at 1130 Hours IST, at the place
specified in Clause 2.11.4(i); and in the presence of the Bidders who choose to attend.
Technical BID of only those Bidders shall be online opened whose documents listed at clause
2.11.2 of the RFP have been received physically. The Authority shall prepare minutes of the
BID opening, including information disclosed to those present at the time of BID opening.

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

3.1.3 If any information furnished by the Bidder is found to be incomplete, or contained in formats other
than those specified herein, the Authority may, in its sole discretion, exclude the relevant
information for consideration of eligibility and qualification of the Bidder.

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

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

3.1.6 Tests of responsiveness

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

(a) Technical BID is received online as per the format at Appendix-IA including Annexure I, IV, V
and VI (Bid Capacity format);
(b) Documents listed at clause 2.11.2 are received physically as mentioned;
(c) Technical Bid is accompanied by the BID Securing Declaration as specified in Clause 1.2.4
and 2.20;
(d) The Power of Attorney is uploaded on e-procurement portal as specified in Clauses
2.1.5;
(e) Technical Bid is accompanied by Power of Attorney for Lead Member of Joint Venture
and the Joint Bidding Agreement as specified in Clause 2.1.6, if so required;
(f) Technical Bid contains all the information (complete in all respects);
(g) Technical Bid does not contain any condition or qualification; and
(h) Copy of document fee e-receipt deposited through Bharatkosh / NTRP only for
Rs.10000/-(Ten Thousand) only in favour of “Regional Pay & Accounts Officer,
Ministry of Road Transport & Highways, Chandigarh payable at Chandigarh towards
payment of cost of Bid document of is received;
34
3.1.6.2 The Authority reserves the right to reject any Technical BID which is non-responsive and no
request for alteration, modification, substitution or withdrawal shall be entertained by the Authority
in respect of such BID.

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

3.1.8 The Authority will check BID Securing Declaration in the format at Appendix-II in accordance with
Clause 2.20 of the RFP and after due verification, the Authority will evaluate the Technical BIDs for
their compliance to the eligibility and qualification requirements pursuant to clause 2.2.1 & 2.2.2 of
this RFP.

3.1.9 The Bidders will be automatically evaluated on BIMS by the Authority. After evaluation of Technical
Bids, the Authority will publish a list of Technically Responsive Bidders whose financial bids shall be
opened. The Authority shall notify other Bidders that they have not been technically responsive. The
Authority will not entertain any query or clarification from Applicants who fail to qualify.

3.2 Opening and Evaluation of Financial Bids

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

3.3 Selection of Bidder

3.3.1 Subject to the provisions of Clause 2.16.1, the Bidder whose BID is adjudged as
responsive in terms of Clause 3.1.6 and who quotes lowest price shall be declared as the
selected Bidder (the “Selected Bidder”).

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

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

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

3.3.5 After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall cause the Bidder
to submit Performance Security within the period prescribed/extended by Authority and then
execute the Agreement within the period prescribed in Clause 1.3. The Selected Bidder shall
35
 not be entitled to seek any deviation, modification or amendment in the Agreement.

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

3.4 Contacts during BID Evaluation

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

3.5 Correspondence with Bidder

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

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

36
 SECTION-4

FRAUD AND CORRUPT PRACTICES

4.1 The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent to the issue
of the LOA and during the subsistence of the Agreement. Notwithstanding anything to the
contrary contained herein, or in the LOA or the Agreement, the Authority may reject a BID,
withdraw the LOA, or terminate the Agreement, as the case may be, without being liable in any
manner whatsoever to the Bidder, if it determines that the Bidder, directly or indirectly or
through an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process. In such an event, the Authority
shall be entitled to take action as per Bid securing declaration as per clause 2.20 of RFP or to
forfeit and appropriate the Performance Security, as the case may be, as Damages,
without prejudice to any other right or remedy that may be available to the Authority
under the Bidding Documents and/ or the Agreement, or otherwise.

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

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

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

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

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

(c) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or
indirectly, any person or property to influence any person’s participation or action in the Bidding
Process;

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

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

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

37
 SECTION-5

PRE-BID CONFERENCE

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

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

Page 38 of 78
 SECTION-6

MISCELLANEOUS

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

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

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

Page 39 of 78
 APPENDIX -IA
LETTER COMPRISING THE TECHNICAL BID
(Refer Clause 2.1.4, 2.11 and 3.1.6)

To

The Chief Engineer,

National Highway,
Block-D,Nirman Bhawan
HPPWD Shimla -2

Sub: BID for “Providing New Jersey Type Crash barrier along with Anti-Glare Screen on/ in
place of Median on NH-503Ext in km 28/450 to 31/00 & 35/00 to 43/300 (4 lane portion
excluding Municipal Committee area) in the State of Himachal Pradesh on EPC mode”.

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

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

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

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

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

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

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

7. I/ We declare that:
(a) I/ We have examined and have no reservations to the Bidding Documents, including any
Addendum issued by the Authority; and
(b) I/We do not have any conflict of interest in accordance with Clauses 2.2.1 (c) and 2.6.4
of the RFP document; and
(c) I/We have not directly or indirectly or through an agent engaged or indulged in any

Page 40 of 78
 corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive
practice, as defined in Clause 4.3 of the RFP document, in respect of any tender or request
for proposal issued by or any Agreement entered into with the Authority or any other
public sector enterprise or any government, Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFP, no person acting for us or on
our behalf has engaged or will engage in any corrupt practice, fraudulent
practice, coercive practice, undesirable practice or restrictive practice; and
(e) the undertakings given by us along with the Application in response to the
RFP for the Project and information mentioned for the evaluation of the BID Capacity in
Annexure VI were true and correct as on the date of making the Application and are also
true and correct as on the BID Due Date and I/we shall continue to abide by them.

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

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

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

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

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

13. I/ We further certify that no investigation by a regulatory authority is pending either against
us/any member of Joint Venture or against our CEO or any of our directors/ managers/
employees.

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

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

16. I/We further acknowledge and agree that in the event such change in control occurs after
signing of the Agreement upto its validity. It would, notwithstanding anything to the contrary
contained in the Agreement, be deemed a breach thereof, and the Agreement shall be liable
to be terminated without the Authority being liable to us in any manner whatsoever.
17. I/ We hereby irrevocably waive any right or remedy which we may have at any stage at law or

Page 41 of 78
 howsoever otherwise arising to challenge or question any decision taken by the Authority in
connection with the selection of the Bidder, or in connection with the Bidding Process
itself, in respect of the above mentioned Project and the terms and implementation thereof.

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

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

20. I/ We offer BID Securing Declaration in the format at Appendix-II in accordance with Clause 2.20 of
RFP Document.

21. The BID Securing Declaration in the format at Appendix-II is attached.

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

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

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

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

26. {We, the Joint Venture agree and undertake to be jointly and severally liable for all the
obligations of the EPC Contractor under the Contract Agreement}.

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

28 I/ We hereby submit our BID and offer a BID Price as indicated in Financial Bid for undertaking
the aforesaid Project in accordance with the Bidding Documents and the Agreement.
In witness thereof, I/we submit this BID under and in accordance with the terms of the RFP
document.
Yours faithfully,

Date: (Signature, name and designation

Place: of the Authorised signatory)
Name & seal of Bidder/Lead Member
Note: Paragraphs in curly parenthesis may be omitted by the Bidder, if not applicable to it, and ‘Deleted’ may be indicated
there

Page 42 of 78
 APPENDIX - IB
Letter comprising the Financial BID
(Refer Clauses 2.1.4, 2.11 and 3.1.6)
Dated:
To
The Chief Engineer,
National Highway,
Block-D, HPPWD Nigam Vihar Shimla-2

Sub: BID for “Providing New Jersey Type Crash barrier along with Anti-Glare Screen on/ in
place of Median on NH-503Ext in km 28/450 to 31/00 & 35/00 to 43/300 (4 lane portion
excluding Municipal Committee area) in the State of Himachal Pradesh on EPC mode”.

Dear Sir,

With reference to your RFP document dated *** **, I/we, having examined the Bidding Documents
and understood their contents, hereby submit my/our BID for the aforesaid Project. The BID is unconditional
and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided
in the BID and the documents accompanying the BID for selection of the Contractor for the
aforesaid Project, and we certify that all information provided in the Bid are true and correct; nothing
has been omitted which renders such information misleading; and all documents accompanying the BID
are true copies of their respective originals.
3. The BID Price has been quoted by me/us after taking into consideration
all the terms and conditions stated in the RFP, draft Agreement, our own estimates of costs and after a
careful assessment of the site and all the conditions that may affect the project cost and
implementation of the project.
4. I/ We acknowledge the right of the Authority to reject our BID without assigning
any reason or otherwise and hereby waive, to the fullest extent permitted by
applicable law, our right to challenge the same on any account whatsoever.
5. In the event of my/ our being declared as the Selected Bidder, I/we agree to enter into a Agreement in
accordance with the draft that has been provided to me/us prior to the BID Due Date. We agree not
to seek any changes in the aforesaid draft and agree to abide by the same.
6. I/ We shall keep this offer valid for 120 (one hundred and twenty) days from the BID Due Date specified
in the RFP.
7. I/ We hereby submit our BID and offer a BID Price Rs.______________________(Inclusive of GST)
for undertaking the aforesaid Project in accordance with the Bidding Documents and the
Agreement.
Yours faithfully,

Date: (Signature, name and designation of the

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

Note:- if has been observed that some bidders are uploading the financial bids on CPP portal in the format of
Appendix-IB as scanned documents as well as filling the date separately in the prescribed format mode for
submission of financial bids on CPP portal. Sometimes, there is a mismatch in the financial figures in both the
format submitted by the bidder which may create legal complications at later date and invite arbitration/court cases.
In order to avoid such complications, it has been decided that Appendix-IB as part of RFP shall be treated for
reference only and not to be filled by bidder. The financial bid shall be evaluated considering financial figures filled in
the prescribed format only available on CPP portal.

Page 43 of 78
 Appendix IA
Annex-I
ANNEX-I
Details of Bidder
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any, in India:
(d) Date of incorporation and/ or commencement of business:

2. Brief description of the Bidder including details of its main lines of business
and proposed role and responsibilities in this Project:

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

4. Particulars of the Authorised Signatory of the Bidder:

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

5. In case of a Joint Venture:

(a) The information above (1-4) should be provided for all the Members of the Joint
Venture.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.1.11(f) should be
attached to the Application.
(c) Information regarding the role of each Member should be provided as per table below:
Sl. Name of Member Role* Share of work in the Project{Refer
{Refer Clause 2.1.11(d)}$ Clauses 2.1.11(a), (f) & (g)}
1.
2.
3.
* The role of each Member, as may be determined by the Applicant, should be indicated in
accordance with instruction 4 at Annex-IV. ………contd
Appendix IA
Annex-I
(d) The following information shall also be provided w.r.t para 2.1.14foreach Member
of the Joint Venture:

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

Page 44 of 78
 Name of Applicant/ member of Joint Venture:

Sl. No. Criteria Yes/No

1. Has the Bidder/ constituent of the Joint Venture been
barred by the Ministry of Road Transport &Highwaysor its
implementing agencies for the works of Expressways,
National Highways, ISC and El works, from participating in
bidding.
2 If the answer to 1 is yes, does the bar subsist as on BID
due date.

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

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

7(a) I/ We further certify that no investigation by a regulatory authority is pending either against
us/any member of Joint Venture or our sister concern or against our CEO or any of our
directors/managers/employees.

(b) I/ We further certify that no investigation by any investigating agency in India or outside is
pending either against us/ any member of Joint Venture or our sister concern or against our CEO or
any of our directors/managers/employees.

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

Name of the Bidder /Member of JV: __________________________

Sr. Categories of Non-Performer Project 1 Project 2

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

Page 45 of 78
 Authority;
(iii) Physical progress on any project is not commensurate with the
funds released (equity+ debt+grant) from the escrow account and
such variation is more than 25% in last one year as observed by
the Independent Engineer in one or more projects;
(iv) Punch List Items in respect of any project are pending due to
Bidder's default in two or more Projects even after lapse of the
prescribed time for completion of such items;
(v) Fails to fulfil its obligations to maintain a highway in a staisfactory
condition inspite of two rectification notices issued in this behalf;
(vi) Fails to attend to Non Conformity Reports (NCRs) issued by the
Independent/ Authority’s Engineer on the designs/ works
constructed by the Bidder pending for more than one year in two
or more projects.
(vii) Fails to make premium payments excluding the current instalment
in one or more projects.
(viii) Damages/Penalties recommended by the Independent/
Authority’s Engineer on the Bidder during O&M period and the
remedial works are not taken up in two or more projects.
(ix) Fails to achieve financial closure in two or more projects within
the given or extended period (which shall not be more than six
months in any case).
(x) Fails to submit the Performance Security within the permissible
period in more than one project(s).
(xi) Rated as an unsatisfactory performing entity/ non-performing
entity by an independent third party agency and so notified on the
website of the Authority.

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

Page 46 of 78
 ANNEX-II
Technical Capacity of the Bidder@
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7 of the RFP)
Applicant type Project Code Category Experience (Equivalent Rs. Crore) Technical
Experience
Payments Value of self –
received for construction in
construction of Eligible Projects
Eligible Project in Categories 1
in Categories 3 &2
&4
(1) (2) (3) (4) (5) (6)
Single entity a
Bidder or Lead b
member c
including other d
members of the e
joint Venture f
Aggregate Technical Experience=

@ Provide details of only those projects that have been undertaken by the Applicant, or its Lead
member including members in case of joint venture, under its own name separately and/ or by a
project company eligible under Clause 2.2.2.6(i)(b). In case of Categories 1 and 2, include only
those projects which have an estimated capital cost exceeding the amount specified in Clause
2.2.2.6(i)(c) and for Categories 3 and 4, include only those projects where the payments received
exceed the amount specified in Clause 2.2.2.6(ii). In case the Bid Due Date falls within 3 (three)
months of the close of the latest financial year, refer to Clause 2.1.13.

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

$ Refer Clause 2.2.2.5(i)

** Construction shall not include supply of goods or equipment except when such goods or
equipment form part of a turn-key construction contract/ EPC contract for the project. In no case
shall the cost of maintenance and repair, operation of Highways and land be included while
computing the Experience Score of an Eligible Project.

$$ For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees ** (**)13 to a
US Dollar.

£. In the case of an Eligible Project situated in an OECD country, the Experience Score so arrived at
shall be further multiplied by 0.5, in accordance with the provisions of Clause 2.2.2.5(ii) and the
product thereof shall be the Experience Score for such Eligible Projects.

________________________
13The conversion rate of USD into Rupees shall be the daily representative exchange rates published by the
Reserve Bank of India for the relevant date. Where relevant date should be as on the date 28 (twenty eight) days
prior to the Application Due Date.

Page 47 of 78
NOTE: In case of a Joint Venture, information in Annex-II and Annex-IV of Appendix-I shall
be provided separately for other Members so as to establish that each such Member has
20 percent or more of the Threshold Technical Capacity. (Refer Clause 2.2.2.4).

Page 48 of 78
 ANNEX-III
Financial Capacity of the Bidder
(Refer to Clauses 2.2.2.3, 2.2.2.9(i), 2.2.2.8(iii) of the RFP)
(In Rs. crore$)
Bidder Type Net cash Accruals Net Worth
Year1 Year 2 Year 3 Year 4 Year 5 Year 1
Single entity Bidder or Lead
Member including other
members of the joint venture
Total

Bidder Type Annual Turnover Average Annual

Year1 Year 2 Year 3 Year 4 Year 5 Turnover (In Rs.
(Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation (Rs.) Updation Cr.)
factor factor factor factor factor
1 2 3 4 5 6 7 8 9 10 11 (2x3
+4x5+6x7+8x9
+10x11)/5
Single 1.00 1.05 1.10 1.15 1.20
entity
Bidder or
Lead
Member
including
other
members of
the joint
venture

Name & address of Bidder’s Bankers:

$ For conversion of other currencies into rupees, see note below Annex-II of Appendix-I.
£The Bidder should provide details of its own Financial Capacity.
Instructions:
1. The Bidder shall attach copies of the balance sheets, financial statements and Annual Reports for 5 (five)
years preceding the Bid Due Date. The financial statements shall:

(a) reflect the financial situation of the Bidder;

(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and

(d) correspond to accounting periods already completed and audited (no statements for partial periods
shall be requested or accepted).

2. Net Cash Accruals shall mean Profit After Tax + Depreciation.

Page 49 of 78
3. Net Worth (the “Net worth”) shall means the aggregate value of the paid-up share capital
and all reserves created out of the profits and securities premium account, after deducting
the aggregate value of the accumulated losses, deferred expenditure and miscellaneous
expenditure not written off, as per the audited balance sheet, but does not include reserves
created out of revaluation of assets, write-back of depreciation and amalgamation.

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

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

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

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

Page 50 of 78
 Appendix IA
Annex-IV
ANNEX-IV
Details of Eligible Projects
Details of Eligible Projects
(Refer to Clauses 2.2.2.2, 2.2.2.5 and 2.2.2.7of the RFP)
Project Code: Entity: Self/Members:
Item Refer Particulars of the Projects
Instruction
Title & nature of the project
Category 5
Year wise 6
(a)payments received for construction or work
executed and certified by the Engineer-in-
charge/Independent Engineer/Authority’s Engineer,
and/or
(b) revenues appropriated for self construction under
PPP projects
Entity for which the project was constructed 7
Location
Project cost 8
Date of commencement of project/ contract
Date of Completion/ commissioning 9
Equity shareholding (with period during which equity 10
was held)
Instructions:

1. Bidders are expected to provide information in respect of each Eligible Projects in this Annex. The
projects cited must comply with the eligibility criteria specified in Clause 2.2.2.6 (i) and 2.2.2.6 (ii) of the
RFP, as the case may be. Information provided in this section is intended to serve as a backup for
information provided in the Application. Applicants should also refer to the Instructions below.
2. The Project Codes would be a, b, c, d etc.
3. A separate sheet should be filled for each Eligible Project.
4. In case the Eligible Project relates to other Members, write “Member”.
5. Refer to Clause 2.2.2.5 of the RFP for category number.
6. The total payments received and/or revenues appropriated for self construction for each Eligible Project
are to be stated in Annex-II of this Appendix-I. The figures to be provided here should indicate the break-
up for the past 5 (five) financial years. Year 1 refers to the financial year immediately preceding the Bid
Due Date; Year 2 refers to the year before Year 1, Year 3 refers to the year before Year 2, and so on
(Refer Clause 2.1.13). For Categories 1 and 2, expenditure on construction of the project by the
Applicant itself should be provided, but only in respect of projects having an estimated capital cost
exceeding the amount specified in Clause 2.2.2.6(i)(c). In case of Categories 3 and 4, payments received
only in respect of construction should be provided, but only if the amount received exceeds the
minimum specified in Clause 2.2.2.6(ii). Receipts for construction works should only include capital
expenditure, and should not include expenditure on maintenance & repair and operation of Highways.
7. In case of projects in Categories 1and 2, particulars such as name, address and contact details of owner/
Authority/ Agency (i.e. concession grantor, counter party to concession, etc.) may be provided. In case of
projects in Categories 3 and 4, similar particulars of the client need to be provided.

8. Provide the estimated capital cost of Eligible Project. Refer to Clauses 2.2.2.6(i) and 2.2.2.6(ii)
9. For Categories 1 and 2, the date of commissioning of the project, upon completion, should be indicated.
In case of Categories 3 and 4, date of completion of construction should be indicated. In the case of

Page 51 of 78
 projects under construction, the likely date of completion or commissioning, as the case may be, shall be
indicated.
10. For Categories 1 and 2, the equity shareholding of the Bidder, in the company owning the Eligible
Project, held continuously during the period for which Eligible Experience is claimed, needs to be given
(Refer Clause 2.2.2.6(i)).
11. Experience for any activity relating to an Eligible Project shall not be claimed twice. In other words, no
double counting in respect of the same experience shall be permitted in any manner whatsoever.
12. Certificate from the Bidder’s statutory auditor$ or its respective clients must be furnished as per formats
below for each Eligible Project. In jurisdictions that do not have statutory auditors, the auditors who
audit the annual accounts of the Bidder may provide the requisite certification.
13. If the Bidder is claiming experience under Categories 1 & 2£, it should provide a certificate from its
statutory auditor in the format below as per Clause 2.2.2.6 (i) (d) :

Certificate from the Statutory Auditor regarding PPP projects

Based on its books of accounts and other published information authenticated by it, this is to certify that
…………………….. (name of the Bidder) is/ was an equity shareholder in ……………….. (title of the project
company) and holds/held Rs. ……… cr. (Rupees ………………………….. crore) of equity (which constitutes
……..%€ of the total paid up and subscribed equity capital) of the project company from …………... (date) to
…………….. (date)¥The project was/is commenced on ………(date) and likely to be commissioned on …………….
(date of commissioning of the project).
We further certify that the total estimated capital cost of the project is Rs. ……… cr. (Rupees …………………crore),
of which the applicant has itself undertaken the construction of project of Rs. ………(Rupees ………. Crores)
excluding any part of the project for which any contractor, sub-contractor or other agent was appointed for the
purpose of construction as per Clause 2.2.2.6 (i) (d)by the aforesaid Applicant itself, during the past five financial
years as per year-wise details noted below:
………………………
………………………
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation
Date: of the authorised signatory)

14. If the Bidder is claiming experience under Category 3 & 4,as per Clauses 2.2.2.5 and 2.2.2.6(ii)of
the RFP, it should provide a certificate from its Statutory Auditor/client/Engineer-in charge/
Independent Engineer/Authority’s Engineer in the format below:

Certificate regarding construction works

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

Page 52 of 78
 Based on its books of accounts and other published information authenticated by it, This is to
certify that ……………………..(name of the Bidder) was engaged by ………………..(title of the
project company) to execute ……………… (name of project) for …………………. (nature of
project). The construction of the project commenced on …………..(date) and the project was/ is
likely to be commissioned on …………… (date, if any). It is certified that Bidder received
payments from its Clients for Construction Works executed by themor work executed and certified
by the Engineer-in-charge/Independent Engineer/Authority’s Engineer, in the aforesaid
construction works.
We further certify that the total estimated capital cost of the project is Rs.…… cr. (Rupees
…………………crore), which the Applicant received or has executed the work as certified by the
Engineer-in-charge/Independent Engineer/Authority’s Engineer Rs. ……… cr. (Rupees
……………………… crore), during the past five financial years as per year-wise details noted
below:
………………………
………………………
It is further certified that the receipts indicated above are restricted to the share of the Applicant
who undertook these works as a partner or a member of joint venture.
We further certify that applicant has a share of _____% in the Joint Venture.

(Authorized Signatory)

Date:

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

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

Page 53 of 78
 Appendix -IA

Annex-V

ANNEX-V
Statement of Legal Capacity

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

Ref. Date:

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

Dear Sir,

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

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

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

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised signatory)

For and on behalf of……………………………..

*Please strike out whichever is not applicable.

Page 54 of 78
 Appendix - IA
Annexure-VI
Information required to evaluate the BID Capacity under clause 2.2.2.1:
To calculate the value of “A” and “C”
1. A table containing value of Civil Engineering Works in respect of EPC Projects (Turnkey projects /
Item rate contract/ Construction works) undertaken by the Bidder during the last 5 years is as
follows (the amount of bonus received, if any, shall be indicated separately):
2.
Sl. Year Value of Civil Engg. Works Amount of Net Value
No. undertaken w.r.t. EPC Projects bonus (Rs. in excluding bonus
including bonus, if any (Rs. in Crores) (Rs. in Crores)
Crores)
1 2020-21
2 2019-20
3 2018-19
4 2017-18
5 2016-17

3. Maximum value of projects that have been undertaken during the F.Y. ________ out of the last 5
years and value excluding amount of bonus thereof is Rs._____Crores
(Rupees__________________________). Further, value updated to the price level of the year
indicated in Appendix is as follows:
Rs. ______ Crores x _____(Updation Factor as per Appendix) = Rs. _______ Crores
(Rupees______________________________________)
4. Amount of bonus received, if any, in EPC Projects during the last 5 years (updated to the price
level of the year indicated in Appendix):
Sl. F.Y. / Calendar Year Amount of Updation Updated Amount of Bonus
No. Bonus (Rs. Factor (Rs. in Crores)
in Crores)
1 2020-21 1.00
2 2019-20 1.05
3 2018-19 1.10
4 2017-18 1.15
5 2016-17 1.20
Total (C)=
………………………… ……………………..
…………………………. ……………………..
Name of the Statutory Auditor’s firm: Signature, name and designation of Authorised
Seal of the audit firm: (Signature, name and Signatory
designation and Membership No. of authorised
:signatory) For and on behalf of ………………(Name of the
Bidder)
Date:
Place:

Page 55 of 78
 To calculate the value of “B”
A table containing value of all the existing commitments and on-going works to be completed during the
next ** years is as follows:
Sl. Name of Percentage of Dater of start Construction Value of Value of work Balance value Anticipated Balance value of
No. Project/ participation of / appointed period as per contract as completed of work to be date of work at 2020-
Work Bidder in the date of Agreement/ per completed completion 21/2020 price
project project LOA Agreement level
/LOAβ

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

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

# Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor
1 2020-21 1.00
2 2019-20 1.05
3 2018-19 1.10
4 2017-18 1.15
5 2016-17 1.20
The Statement showing the value of all existing commitments, anticipated value of work to be completed in the
period of construction of the project for which bid is invited and ongoing works as well as the stipulated period of
completion remaining for each of the works mentioned above is verified from the certificate issued that has been
countersigned by the Client or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in
respect of EPC Projects or Concessionaire / Authorised Signatory of SPV in respect of BOT Projects. No awarded /
ongoing works has been left in the aforesaid statement which has been awarded to M/s………………individually /
and other member M/s ……………….. and M/s ………………., as on bid due date of this RFP.
…………………….. …………………………
…………………….. ………………………….
Signature, name and designation of Name of the Statutory Auditor’s firm:
Authorised Signatory Seal of the audit firm: (Signature, name and
designation and Membership No. of
Date:
For and on behalf of ………………(Name of authorised signatory)
the Bidder)
Place:

Date:
Place:

β
In case balance period of construction is less than the value of period of construction of the project for which bid
is invited, then full value of contract as per Agreement/LOA to be mentioned, else, anticipated value of work to be
completed in the period of construction of the project for which bid is invited is to be mentioned. In the absence of
the anticipated value of work to be completed, the proportionate value shall be considered while evaluating the
Assessed Available Bid Capacity.

Page 56 of 78
 APPENDIX-IA
Annexure VII
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)

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

OFFICE MEMORANDUM

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

Government has examined the issue of framing comprehensive and transparent guidelines defining the
criteria for Bidders interested in PSE-disinvestment so that the parties selected through competitive
bidding could inspire public confidence. Earlier, criteria like net worth, experience etc. used to be
prescribed. Based on experience and in consultation with concerned departments, Government has
decided to prescribe the following additional criteria for the qualification/ disqualification of the parties
seeking to acquire stakes in public sector enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country, any conviction by
a Court of Law or indictment/ adverse order by a regulatory authority that casts a doubt
on the ability of the Bidder to manage the public sector unit when it is disinvested, or
which relates to a grave offence would constitute disqualification. Grave offence is
defined to be of such a nature that it outrages the moral sense of the community. The
decision in regard to the nature of the offence would be taken on case to case basis after
considering the facts of the case and relevant legal principles, by the Government of
India.
(b) In regard to matters relating to the security and integrity of the country, any charge-sheet
by an agency of the Government/ conviction by a Court of Law for an offence committed
by the bidding party or by any sister concern of the bidding party would result in
disqualification. The decision in regard to the relationship between the sister concerns
would be taken, based on the relevant facts and after examining whether the two
concerns are substantially controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that Government deems
appropriate.
(d) Any entity, which is disqualified from participating in the disinvestment process, would not
be allowed to remain associated with it or get associated merely because it has preferred
an appeal against the order based on which it has been disqualified. The mere pendency
of appeal will have no effect on the disqualification.

Page 57 of 78
 Appendix-IA
Annexure-VII
Page-2

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

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

Page 58 of 78
 Appendix - IA
Annexure-VIII

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

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

1
2
3
…

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

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

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

…………………………………………… Name of the Bidder

Signature of the authorized signatory: __________________

Name of the Authorised Signatory: __________________

Date: __________________

Place: __________________

Page 59 of 78
 APPENDIX - II
Bid Securing Declaration
(Refer Clauses 2.20)

I hereby submit a declaration that the bid submitted by the undersigned, on behalf of the bidder,
[Name of the bidder], either sole or in JV, shall not be withdrawn or modified during the period of validity
i.e. not less than 180 (one hundred eighty) days from the bid due date.

I, on behalf of the bidder, [Name of the bidder], also accept the fact that in case the bid is
withdrawn or modified during the period of its validity or if we fail to sign the contract in case the work is
awarded to us or we fail to submit a performance security before the deadline defined in clause 7 of the
Request for Proposal (RPF), then [Name of the bidder] will be suspended for participation in the tendering
process for the works of MoRTH/NHAI/NHIDCL and works under other Centrally Sponsored Schemes, for
a period of one year from the bid due date of this work.

(Signature of the Authorised Signatory)

(Official-Seal)

Page 60 of 78
 APPENDIX-III
Format for Power of Attorney for signing of BID
(Refer Clause 2.1.5)
Know all men by these presents, We…………………………………………….. (name of the firm and address of the
registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr./ Ms (name),
…………………… son/daughter/wife of ……………………………… and presently residing at …………………., who
is presently employed with us/ the Lead Member of our Joint Venture and holding the position of
……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our
name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or
incidental to submission of our BID for the Project proposed or being developed by the National Highways Authority
of India (the “Authority”) including but not limited to signing and submission of all applications, BIDs and other
documents and writings, participate in Pre-BID and other conferences and providing information/ responses to the
Authority, representing us in all matters before the Authority, signing and execution of all contracts including the
agreement and undertakings consequent to acceptance of our BID, and generally dealing with the Authority in all
matters in connection with or relating to or arising out of our BID for the said Project and/ or upon award thereof to
us and/or until the entering into of the EPC Contract with the Authority.

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

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

Seal of the Notary

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

Notes:

Page 61 of 78
 The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid
down by the applicable law and the charter documents of the executant(s) and when it is so required, the
same should be under common seal affixed in accordance with the required procedure.
 Wherever required, the Bidder should submit for verification the extract of the charter documents and
documents such as a board or shareholders’ resolution/ power of attorney in favour of the person
executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.
 For a Power of Attorney executed and issued overseas, the document will also have to be legalised by the
Indian Embassy and notarised in the jurisdiction where the Power of Attorney is being issued.However,
the Power of Attorney provided by Bidders from countries that have signed the Hague Legislation
Convention 1961 are not required to be legalised by the Indian Embassy if it carries a conforming
Appostille certificate.

Page 62 of 78
 APPENDIX-IV

Format for Power of Attorney for Lead Member of Joint Venture

(Refer Clause 2.1.6)

Whereas the Ministry of Road Transport & Highways through Himachal Pradesh Public Works
Department (“the Authority”) has invited BIDs for the ***** Project(the “Project”).

Whereas, …………………….., …………………….., and …………………….. (collectively the “Joint

Venture”) being Members of the Joint Venture are interested in bidding for the Project in accordance with
the terms and conditions of the Request for Proposal (RFP) and other BID documents including
agreement in respect of the Project, and

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

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

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

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

Page 63 of 78
 IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF
ATTORNEY ON THIS …………………. DAY OF ………. 2..…

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

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

Witnesses:
1.
2.

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

Page 64 of 78
 APPENDIX V

Format for Joint Bidding Agreement for Joint Venture

(Refer Clause 2.1.11)

(To be executed on Stamp paper of appropriate value)

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

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter referred to as the
“First Part” which expression shall, unless repugnant to the context include its successors and permitted
assigns)

AND

2. {………… Limited, having its registered office at ………… }and (hereinafter referred to as the
“Second Part” which expression shall, unless repugnant to the context include its successors and
permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter referred to as the
“Third Part” which expression shall, unless repugnant to the context include its successors and permitted
assigns)

The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively referred to as
the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) Ministry of Road Transport & Highways represented by Chief Engineer, NH , HPPWD, Shimla
-171002 (hereinafter referred to as the “Authority” which expression shall, unless repugnant to the
context or meaning thereof, include its administrators, successors and assigns) has invited bids (the
Bids”) by its Request for Proposal No. ………… dated …………(the “RFP”) for award of contract for
“Providing New Jersey Type Crash barrier along with Anti-Glare Screen on/ in place of Median
onNH-503Ext in km 28/450 to 31/00 & 35/00 to 43/300 (4 lane portion excluding Municipal
Committee area) in the State of Himachal Pradesh on EPC mode”.
(B) The Parties are interested in jointly bidding for the Project as members of a Joint Venture and in
accordance with the terms and conditions of the RFP document and other bid documents in
respect of the Project, and
(C) It is a necessary condition under the RFP document that the members of the Joint Venture shall
enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.

Page 65 of 78
NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

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

2. Joint Venture

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

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

3. Covenants

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

4. Role of the Parties

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

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

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

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

5. Joint and Several Liability

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

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6. Share of work in the Project

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

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

7. Representation of the Parties

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

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

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

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

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

(iii) Violate the memorandum and articles of association, by-laws or other applicable
organizational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental
authorization, approval, judgment, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such
Party or any of its properties or assets are bound or that is otherwise applicable
to such Party; or

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

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

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

8. Termination

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

9. Miscellaneous

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

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

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.SIGNED, SEALED AND DELIVERED

For and on behalf of

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

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

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 APPENDIX VI

INTEGRITY PACT FORMAT

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

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

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

Preamble
Whereas, the Principal has floated the Tender {NIT No……….dtd…………………..} (hereinafter referred
to as “Tender/Bid”) and intends to award, under laid down organizational procedure, contract/s for {Name
of the work}(hereinafter referred to as the “Contract”).
And Whereas the Principal values full compliance with all relevant laws of the land, rules of land,
regulations, economic use of resources and of fairness/ transparency in its relations with its Bidder(s) and/
or Contractor(s)/Concessionaire(s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this Integrity Pact
(hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of which shall also be read as
integral part and parcel of the Tender documents and contract between the parties.
Now, therefore, in consideration of mutual covenants contained in this pact, the parties hereby agree as
follows and this pact witnesses as under:

Article-1:Commitments of the Principal

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

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 additional information through which the Bidder(s) could obtain an advantage in relation
to the tender process or the contract execution.
(c) The Principal will exclude all known prejudiced persons from the process, whose conduct
in the past has been of biased nature.
(2) If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the IPC/PC Act or any other Statutory Acts or if there be a substantive suspicion in
this regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate
disciplinary actions as per its internal laid down Rules/Regulations.

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

The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) commit himself to take all
measures necessary to prevent corruption. He commits himself to observe the following principles during
his participation in the tender process and during the contract execution.
(a) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not, directly or through any
other person or firm, offer, promise or give to any of the Principal’s employees involved in the
tender process or the execution of the contract or to any third person any material or other benefit
which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.
(b) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not enter with other Bidders
into any undisclosed agreement or understanding, whether formal or informal. This applies in
particular to prices, specifications, certifications, subsidiary contract, submission or
nonsubmission or bids or any other actions to restrict competitiveness or to introduce cartelization
in the bidding process.
(c) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not commit any offence under
the relevant IPC/PC Act and other Statutory Acts; further the
Bidder(s)/Contractor(s)/Concessionaire(s)/Consultant(s) will not use improperly, for purposes of
completion or personal gain, or pass on to others, any information or document provided by the
Principal as part of the business relationship, regarding plans, technical proposals and business
details, including information contained or transmitted electronically.
(d) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) of foreign origin shall disclose the
name and address of the Agents/ Representatives in India, if any. Similarly, the Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s) of Indian Nationality shall furnish the name and
address of the foreign principle, if any.
(e) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will, when presenting his bid,
disclose any and all payments he has made, is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the award of the contract. He shall also
disclose the details of services agreed upon for such payments.
(f) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not instigate third persons to
commit offences outlined above or be an accessory to such offences.
(g) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s) will not bring any outside influence
through any Govt. bodies/quarters directly or indirectly on the bidding process in furtherance of
his bid.

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

Article – 4: Compensation for Damages.

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according
to Arcticle-3, the Principal shall be entitled to forfeit the Earnest Money Deposit/ Bid Security or

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

Article – 5: Previous Transgressions

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

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

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

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

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

Article- 8: Independent External Monitor (IEM)

(1) The Principal has appointed ________ as Independent External Monitor (herein after referred to
as “Monitor”) for this Pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Director General (Road Development) &
Special Secretary.

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 (3) The Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s)accepts that the Monitor has the
right to access without restriction to all project documentation of the Principal including that
provided by the Bidder(s)/ Contractor(s)/ Concessionaire(s)/ Consultant(s). The Bidder(s)/
Contractor(s)/ Concessionaire(s)/ Consultant(s)will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his project
documentation. The same is applicable to Subcontractors. The Monitor is under contractual
obligation to treat the information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s)
with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option to
participate in such meetings.
(5) As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he will so inform
the Management of the Principal and request the Management to discontinue or take corrective
action, or to take other relevant action. The monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they act
in a specific manner, refrain from action or tolerate action.
(6) The Monitor will submit a written report to the Director General (Road Development) & Special
Secretary within 8 to 10 weeks from the date of reference or intimation to him by the Principal
and, should the occasion arise, submit proposals for correcting problematic situations.
(7) If the Monitor has reported to the Director General (Road Development) & Special Secretary, a
substantiated suspicion of an offence under relevant IPC/PC Act, and the Director General (Road
Development) & Special Secretary has not, within the reasonable time taken visible action to
proceed against such offence or reported it to the Chief Vigilance Officer, the Monitor may also
transmit this information directly to the Central Vigilance Commissioner.
(8) The word 'Monitor' would include both singular and plural.

Article – 9 Pact Duration

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

Article - 10 Other Provisions.

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

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

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

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

(Office Seal )

Place________
Date_________
Witness 1 : (Name & Address):

Witness 2 : (Name & Address):

{COUNTERSIGNED and accepted by:

JV Partner}

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

WHEREAS________________________________________[name and address of Contractor]

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

AND WHEREAS the Contract requires the Contractor to furnish an {Performance Security} for due and
faithful performance of its obligations, under and in accordance with the Contract, during the {Construction
Period/ Defects Liability Period} in a sum of Rs….. cr. (Rupees ………..….. crore) (the “Guarantee
Amount”1).
AND WHEREAS we, …………………..through our branch at …………………. (the “Bank”) have agreed to
furnish this Bank Guarantee (hereinafter called the “Guarantee”) by way of Performance Security.

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

1. The Bank hereby unconditionally and irrevocably guarantees the due and faithful performance of
the Contractor’s obligations during the {Construction Period/ Defects Liability Period } under and
in accordance with the Contract, and agrees and undertakes to pay to the Authority, upon its
mere first written demand, and without any demur, reservation, recourse, contest or protest, and
without any reference to the Contractor, such sum or sums up to an aggregate sum of the
Guarantee Amount as the Authority shall claim, without the Authority being required to prove or to
show grounds or reasons for its demand and/or for the sum specified therein.
2. A letter from the Authority, under the hand of an officer not below the rank of Superintending
Engineer of Ministry of Road Transport & Highways, that the Contractor has committed
default in the due and faithful performance of all or any of its obligations under and in accordance
with the Contract shall be conclusive, final and binding on the Bank. The Bank further agrees that
the Authority shall be the sole judge as to whether the Contractor is in default in due and faithful
performance of its obligations during and under the Contract and its decision that the Contractor
is in default shall be final and binding on the Bank, notwithstanding any differences between the
Authority and the Contractor, or any dispute between them pending before any court, tribunal,
arbitrators or any other authority or body, or by the discharge of the Contractor for any reason
whatsoever.

1
Guarantee Amount for Performance Security and Additional Performance Security shall be calculated as per
Contract.

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

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

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

6. This Guarantee is in addition to and not in substitution of any other guarantee or security now or
which may hereafter be held by the Authority in respect of or relating to the Contract or for the fulfillment,
compliance and/or performance of all or any of the obligations of the Contractor under the Contract.

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

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

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

10. Any notice by way of request, demand or otherwise hereunder may be sent by post addressed to
the Bank at its above referred branch, which shall be deemed to have been duly authorized to receive
such notice and to effect payment thereof forthwith, and if sent by post it shall be deemed to have been
given at the time when it ought to have been delivered in due course of post and in proving such notice,
when given by post, it shall be sufficient to prove that the envelope containing the notice was posted and
a certificate signed by an officer of the Authority that the envelope was so posted shall be conclusive.

$
Insert date being 2 (two) years from the date of issuance of this Guarantee (in accordance with Clause 2.20.6 of
the RFP).

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

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

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

SIGNED, SEALED AND DELIVERED

For and on behalf of the Bank by:

(Signature)

(Name)

(Designation)

(Code Number)

(Address)

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

{Name of selected Bidder}

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

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

Sir,
This is to notify you that your Bid dated ………… for execution of the {project description}, at your
quoted bid price amounting to Rs. ……………./- {amount in words} has been determined to be the lowest
evaluated bid and is substantially responsive and has been accepted.
3. You are requested to return a duplicate of the LOA as an acknowledgement and sign the Contract
Agreement within the period prescribed in Clause 1.3 of the RFP.
4. You are also requested to furnish Performance Security for an amount of …………………. as per
Clause 2.21 of the RFP within 30 (thirty) days of receipt of this Letter of Acceptance(LOA). In case of
delay in submission of Performance Security you may seek extension of time for a period not
exceeding 60 (Sixty) days on payment of Damages in accordance with Clause 2.21 of RFP.
5. In case of failure of submission of Performance Security and Security against Damages (if any) within
the additional 60 (Sixty) days time period, the award shall be deemed to be cancelled and action shall
be taken against the bidder as per clause 2.21 and Appendix-II of the RFP.
Yours faithfully,
{Authorized signatory}
“Accepted by

(Name of the Authorized person)

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

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